Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21881 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. liter 

lb kg lb kg lb kg 

≥ < ≥ < 

2.50–2.60 ..................... 70.8–73.6 3.00 1.36 10.50 4.76 6.75 3.06 

2.60–2.70 ..................... 73.6–76.5 3.00 1.36 10.90 4.94 6.95 3.15 

2.70–2.80 ..................... 76.5–79.3 3.00 1.36 11.30 5.13 7.15 3.24 

2.80–2.90 ..................... 79.3–82.1 3.00 1.36 11.70 5.31 7.35 3.33 

2.90–3.00 ..................... 82.1–85.0 3.00 1.36 12.10 5.49 7.55 3.42 

3.00–3.10 ..................... 85.0–87.8 3.00 1.36 12.50 5.67 7.75 3.52 

3.10–3.20 ..................... 87.8–90.6 3.00 1.36 12.90 5.85 7.95 3.61 

3.20–3.30 ..................... 90.6–93.4 3.00 1.36 13.30 6.03 8.15 3.70 

3.30–3.40 ..................... 93.4–96.3 3.00 1.36 13.70 6.21 8.35 3.79 

3.40–3.50 ..................... 96.3–99.1 3.00 1.36 14.10 6.40 8.55 3.88 

3.50–3.60 ..................... 99.1–101.9 3.00 1.36 14.60 6.62 8.80 3.99 

3.60–3.70 ..................... 101.9–104.8 3.00 1.36 15.00 6.80 9.00 4.08 

3.70–3.80 ..................... 104.8–107.6 3.00 1.36 15.40 6.99 9.20 4.17 

3.80–3.90 ..................... 107.6–110.4 3.00 1.36 15.80 7.16 9.40 4.26 

3.90–4.00 ..................... 110.4–113.3 3.00 1.36 16.20 7.34 9.60 4.35 

4.00–4.10 ..................... 113.3–116.1 3.00 1.36 16.60 7.53 9.80 4.45 

4.10–4.20 ..................... 116.1–118.9 3.00 1.36 17.00 7.72 10.00 4.54 

4.20–4.30 ..................... 118.9–121.8 3.00 1.36 17.40 7.90 10.20 4.63 

4.30–4.40 ..................... 121.8–124.6 3.00 1.36 17.80 8.09 10.40 4.72 

4.40–4.50 ..................... 124.6–127.4 3.00 1.36 18.20 8.27 10.60 4.82 

4.50–4.60 ..................... 127.4–130.3 3.00 1.36 18.70 8.46 10.80 4.91 

4.60–4.70 ..................... 130.3–133.1 3.00 1.36 19.10 8.65 11.00 5.00 

4.70–4.80 ..................... 133.1–135.9 3.00 1.36 19.50 8.83 11.20 5.10 

4.80–4.90 ..................... 135.9–138.8 3.00 1.36 19.90 9.02 11.40 5.19 

4.90–5.00 ..................... 138.8–141.6 3.00 1.36 20.30 9.20 11.60 5.28 

5.00–5.10 ..................... 141.6–144.4 3.00 1.36 20.70 9.39 11.90 5.38 

5.10–5.20 ..................... 144.4–147.2 3.00 1.36 21.10 9.58 12.10 5.47 

5.20–5.30 ..................... 147.2–150.1 3.00 1.36 21.50 9.76 12.30 5.56 

5.30–5.40 ..................... 150.1–152.9 3.00 1.36 21.90 9.95 12.50 5.65 

5.40–5.50 ..................... 152.9–155.7 3.00 1.36 22.30 10.13 12.70 5.75 

5.50–5.60 ..................... 155.7–158.6 3.00 1.36 22.80 10.32 12.90 5.84 

5.60–5.70 ..................... 158.6–161.4 3.00 1.36 23.20 10.51 13.10 5.93 

5.70–5.80 ..................... 161.4–164.2 3.00 1.36 23.60 10.69 13.30 6.03 

5.80–5.90 ..................... 164.2–167.1 3.00 1.36 24.00 10.88 13.50 6.12 

5.90–6.00 ..................... 167.1–169.9 3.00 1.36 24.40 11.06 13.70 6.21 

NOTES: (1) All test load weights are bone dry weights. 

(2) Allowable tolerance on the test load weights are ±0.10 lbs (0.05 kg). 

(4) Representations. LG may make 

representations about the energy use of 

its clothes washer products for 

compliance, marketing, or other 

purposes only to the extent that such 

products have been tested in accordance 

with the provisions outlined above and 

such representations fairly disclose the 

results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

(7) This waiver applies only to those 

basic models set out in LG’s petition for 

waiver. Grant of this waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR 430.62. 

Issued in Washington, DC, on April 12, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–9474 Filed 4–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–019] 

Energy Conservation Program for 

Consumer Products: Notice of Petition 

for Waiver of Samsung Electronics 

America, Inc. From the Department of 

Energy Residential Clothes Washer 

Test Procedure, and Grant of Interim 

Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver and 

application for interim waiver, notice of 

grant of interim waiver, and request for 

comments. 

SUMMARY: This notice announces receipt 

of and publishes the Samsung 

Electronics America, Inc. (Samsung) 

petition for waiver and application for 

mstockstill on DSKH9S0YB1PROD with NOTICES

21882 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

interim waiver (hereafter, ‘‘petition’’) 

from specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of clothes washers. 

Today’s notice also grants an interim 

waiver of the clothes washer test 

procedure. Through this notice, DOE 

also solicits comments with respect to 

the Samsung petition. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Samsung petition until, but no later 

than May 19, 2011. 

ADDRESSES: You may submit comments, 

identified by case number CW–019, by 

any of the following methods: 

• Federal eRulemaking Portal:http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: AS_Waiver_Requests

@ee.doe.gov Include ‘‘Case No. CW–019’’ 

in the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Instructions: All submissions received 

should include the agency name and 

case number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, Portable Document 

Format (PDF), or text (American 

Standard Code for Information 

Interchange (ASCII)) file format and 

avoid the use of special characters or 

any form of encryption. Wherever 

possible, include the electronic 

signature of the author. DOE does not 

accept telefacsimiles (faxes). 

Any person submitting written 

comments must also send a copy to the 

petitioner, pursuant to 10 CFR 

430.27(d). The contact information for 

the petitioner is: Michael Moss, Director 

of Corporate Environmental Affairs, 

Samsung Electronics America, Inc., 

18600 Broadwick Street, Rancho 

Dominguez, CA 90220. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies to DOE: One 

copy of the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) a date 

upon which such information might 

lose its confidential nature due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza, SW., (Resource Room of the 

Building Technologies Program), 

Washington, DC 20024; (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Available documents include the 

following items: (1) This notice; (2) 

public comments received; (3) the 

petition for waiver and application for 

interim waiver; and (4) prior DOE 

waivers and rulemakings regarding 

similar clothes washer products. Please 

call Ms. Brenda Edwards at the above 

telephone number for additional 

information regarding visiting the 

Resource Room. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

Michael.Raymond@ee.doe.gov. 

I. Background and Authority 

SUPPLEMENTARY INFORMATION: Ms. 

Jennifer Tiedeman, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, Forrestal Building, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103. 

Telephone: (202) 287–6111. E-mail: 

Jennifer.Tiedemanmailto:@hq.doe.gov. 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the clothes washers that are the 

focus of this notice.1 Part B includes 

definitions, test procedures, labeling 

provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)). The test 

procedure for automatic and semiautomatic clothes washers is contained 

in 10 CFR part 430, subpart B, appendix 

J1. 

The regulations set forth in 10 CFR 

part 430.27 contain provisions that 

enable a person to seek a waiver from 

the test procedure requirements for 

covered consumer products. A waiver 

will be granted by the Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (the Assistant 

Secretary) if it is determined that the 

basic model for which the petition for 

waiver was submitted contains one or 

more design characteristics that 

prevents testing of the basic model 

according to the prescribed test 

procedures, or if the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(l). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption. 10 CFR 430.27(b)(1)(iii). 

The Assistant Secretary may grant the 

waiver subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

The waiver process also allows the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. 10 CFR 

430.27(a)(2). An interim waiver remains 

in effect for 180 days or until DOE 

issues its determination on the petition 

for waiver, whichever is sooner. DOE 

may extend an interim waiver for an 

additional 180 days. 10 CFR 430.27(h). 

On December 23, 2010, DOE issued 

enforcement guidance on the 

application of recently granted waivers 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21883 

for large-capacity clothes washers and 

announced steps to improve the waiver 

process and refrain from certain 

enforcement actions. This guidance can 

be found on DOE’s Web site at http:// 

www.gc.energy.gov/1661.htm. 

II. Application for Interim Waiver and 

Petition for Waiver 

On July 20, 2010, Samsung filed an 

initial petition for waiver and 

application for interim waiver from the 

test procedure applicable to automatic 

and semi-automatic clothes washers set 

forth in 10 CFR part 430, subpart B, 

appendix J1. In particular, Samsung 

requested a waiver to test its clothes 

washers with basket volumes greater 

than 3.8 cubic feet on the basis of the 

aforementioned residential test 

procedures, using a revised Table 5.1 

which extends the range of container 

volumes beyond 3.8 cubic feet. This 

petition was granted on September 23, 

2010.75 FR 57937. On February 11, 

2011, Samsung filed the instant petition 

for waiver and application for interim 

waiver to expand the number of models 

subject to the alternative test procedure 

set forth in the company’s July 2010 

petition for waiver. 

Samsung’s current petition seeks a 

waiver from the DOE test procedure 

because the mass of the test load used 

in the procedure, which is based on the 

basket volume of the test unit, is 

currently not defined for basket sizes 

greater than 3.8 cubic feet. Samsung 

manufactures basic models with 

capacities greater than 3.8 cubic feet, 

and it is for these basic models that 

Samsung seeks a waiver from DOE’s test 

procedure. 

Table 5.1 of Appendix J1 defines the 

test load sizes used in the test procedure 

as linear functions of the basket volume. 

Samsung requests that DOE grant a 

waiver for testing and rating based on a 

revised Table 5.1, the same table as set 

forth in the interim waiver granted to 

Samsung on September 23, 2010. 75 FR 

57937. The table is identical to the 

Table 5.1 found in DOE’s recently 

published clothes washer test procedure 

Notice of Proposed Rulemaking (NOPR). 

75 FR 57556 (September 21, 1010). 

An interim waiver may be granted if 

it is determined that the applicant will 

experience economic hardship if the 

application for interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or the 

Assistant Secretary determines that it 

would be desirable for public policy 

reasons to grant immediate relief 

pending a determination of the petition 

for waiver. (10 CFR 430.27(g)). DOE has 

determined that Samsung’s application 

for interim waiver does not provide 

sufficient market, equipment price, 

shipments, and other manufacturer 

impact information to permit DOE to 

evaluate the economic hardship 

Samsung might experience absent a 

favorable determination on its 

application for interim waiver. 

Previously, however, DOE granted an 

interim test procedure waiver to 

Whirlpool for three of Whirlpool’s 

clothes washer models with container 

capacities greater than 3.8 cubic feet. 71 

FR 48913 (August 22, 2006). The notice 

contained an alternate test procedure, 

which extended the linear relationship 

between maximum test load size and 

clothes washer container volume in 

Table 5.1 to include a maximum test 

load size of 15.4 pounds (lbs) for clothes 

washer container volumes of 3.8 to 3.9 

cubic feet. DOE granted waivers to 

Whirlpool (75 FR 69653 (November 15, 

2010)), General Electric Company (GE) 

(75 FR 76968 (December 10, 2010)), LG 

(76 FR 11233 (March 1, 2011)), and 

Electrolux (76 FR 11440 (March 2, 

2011)) for products with capacities 

larger than currently specified in the 

test procedure. As stated above, DOE 

granted a previous interim waiver to 

Samsung on September 23, 2010. 

The current DOE test procedure 

specifies test load sizes only for 

machines with capacities up to 3.8 

cubic feet, and DOE believes that 

extending the linear relationship 

between test load size and container 

capacity to larger capacities is valid. In 

addition, testing a basic model with a 

capacity larger than 3.8 cubic feet using 

the current procedure could evaluate 

the basic model in a manner so 

unrepresentative of its true energy 

consumption as to provide materially 

inaccurate comparative data. Based on 

these considerations, and the waivers 

granted to Whirlpool, GE, Electrolux 

and LG, it appears likely that the 

petition for waiver will be granted. As 

a result, DOE grants an interim waiver 

to Samsung for the basic models of 

clothes washers with container volumes 

greater than 3.8 cubic feet specified in 

its petition for waiver, pursuant to 10 

CFR 430.27(g). DOE also provides for 

the use of an alternative test procedure 

extending the linear relationship 

between test load size and container 

capacity, described below. Therefore, it 

is ordered that: 

The application for interim waiver 

filed by Samsung is hereby granted for 

the specified Samsung clothes washer 

basic models, subject to the 

specifications and conditions below. 

1. Samsung shall not be required to 

test or rate the specified clothes washer 

products on the basis of the test 

procedure under 10 CFR part 430 

subpart B, appendix J1. 

2. Samsung shall be required to test 

and rate the specified clothes washer 

products according to the alternate test 

procedure as set forth in section IV, 

‘‘Alternate Test Procedure.’’ 

The interim waiver applies to the 

following basic model groups: WA5471 

* * *, WA5461 * * *, WA5451 * * *, 

WA5441 * * *, WA5431 * * * 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may or may not be 

manufactured by the petitioner. 

Samsung may submit a new or amended 

petition for waiver and request for grant 

of interim waiver, as appropriate, for 

additional models of clothes washers for 

which it seeks a waiver from the DOE 

test procedure. In addition, DOE notes 

that grant of an interim waiver or waiver 

does not release a petitioner from the 

certification requirements set forth at 10 

CFR 430.62. 

III. Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures to make 

representations about the energy 

consumption and energy consumption 

costs of products covered by the statute. 

(42 U.S.C. 6293(c)) Consistent 

representations are important for 

manufacturers to use in making 

representations about the energy 

efficiency of their products and to 

demonstrate compliance with 

applicable DOE energy conservation 

standards. Pursuant to its regulations 

applicable to waivers and interim 

waivers from applicable test procedures 

at 10 CFR 430.27, DOE will consider 

setting an alternate test procedure for 

Samsung in a subsequent Decision and 

Order. 

The alternate procedure approved 

today is intended to allow Samsung to 

make valid representations regarding its 

clothes washers with basket capacities 

larger than provided for in the current 

test procedure. This alternate test 

procedure is based on the expanded 

Table 5.1 of Appendix J1 that appears in 

DOE’s clothes washer test procedure 

NOPR.75 FR 57556 (September 21, 

1010). 

During the period of the interim 

waiver granted in this notice, Samsung 

shall test its clothes washer basic 

models according to the provisions of 10 

CFR part 430 subpart B, appendix J1, 

except that the expanded Table 5.1 

below shall be substituted for Table 5.1 

of appendix J1. 

mstockstill on DSKH9S0YB1PROD with NOTICES

21884 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 

TABLE 5.1—TEST LOAD SIZES

Container volume Minimum load Maximum load Average load 

cu. ft. liter 

lb kg Lb kg lb kg 

≥ < ≥ < 

0–0.8 ............................ 0–22.7 3.00 1.36 3.00 1.36 3.00 1.36 

0.80–0.90 ..................... 22.7–25.5 3.00 1.36 3.50 1.59 3.25 1.47 

0.90–1.00 ..................... 25.5–28.3 3.00 1.36 3.90 1.77 3.45 1.56 

1.00–1.10 ..................... 28.3–31.1 3.00 1.36 4.30 1.95 3.65 1.66 

1.10–1.20 ..................... 31.1–34.0 3.00 1.36 4.70 2.13 3.85 1.75 

1.20–1.30 ..................... 34.0–36.8 3.00 1.36 5.10 2.31 4.05 1.84 

1.30–1.40 ..................... 36.8–39.6 3.00 1.36 5.50 2.49 4.25 1.93 

1.40–1.50 ..................... 39.6–42.5 3.00 1.36 5.90 2.68 4.45 2.02 

1.50–1.60 ..................... 42.5–45.3 3.00 1.36 6.40 2.90 4.70 2.13 

1.60–1.70 ..................... 45.3–48.1 3.00 1.36 6.80 3.08 4.90 2.22 

1.70–1.80 ..................... 48.1–51.0 3.00 1.36 7.20 3.27 5.10 2.31 

1.80–1.90 ..................... 51.0–53.8 3.00 1.36 7.60 3.45 5.30 2.40 

1.90–2.00 ..................... 53.8–56.6 3.00 1.36 8.00 3.63 5.50 2.49 

2.00–2.10 ..................... 56.6–59.5 3.00 1.36 8.40 3.81 5.70 2.59 

2.10–2.20 ..................... 59.5–62.3 3.00 1.36 8.80 3.99 5.90 2.68 

2.20–2.30 ..................... 62.3–65.1 3.00 1.36 9.20 4.17 6.10 2.77 

2.30–2.40 ..................... 65.1–68.0 3.00 1.36 9.60 4.35 6.30 2.86 

2.40–2.50 ..................... 68.0–70.8 3.00 1.36 10.00 4.54 6.50 2.95 

2.50–2.60 ..................... 70.8–73.6 3.00 1.36 10.50 4.76 6.75 3.06 

2.60–2.70 ..................... 73.6–76.5 3.00 1.36 10.90 4.94 6.95 3.15 

2.70–2.80 ..................... 76.5–79.3 3.00 1.36 11.30 5.13 7.15 3.24 

2.80–2.90 ..................... 79.3–82.1 3.00 1.36 11.70 5.31 7.35 3.33 

2.90–3.00 ..................... 82.1–85.0 3.00 1.36 12.10 5.49 7.55 3.42 

3.00–3.10 ..................... 85.0–87.8 3.00 1.36 12.50 5.67 7.75 3.52 

3.10–3.20 ..................... 87.8–90.6 3.00 1.36 12.90 5.85 7.95 3.61 

3.20–3.30 ..................... 90.6–93.4 3.00 1.36 13.30 6.03 8.15 3.70 

3.30–3.40 ..................... 93.4–96.3 3.00 1.36 13.70 6.21 8.35 3.79 

3.40–3.50 ..................... 96.3–99.1 3.00 1.36 14.10 6.40 8.55 3.88 

3.50–3.60 ..................... 99.1–101.9 3.00 1.36 14.60 6.62 8.80 3.99 

3.60–3.70 ..................... 101.9–104.8 3.00 1.36 15.00 6.80 9.00 4.08 

3.70–3.80 ..................... 104.8–107.6 3.00 1.36 15.40 6.99 9.20 4.17 

3.80–3.90 ..................... 107.6–110.4 3.00 1.36 15.80 7.16 9.40 4.26 

3.90–4.00 ..................... 110.4–113.3 3.00 1.36 16.20 7.34 9.60 4.35 

4.00–4.10 ..................... 113.3–116.1 3.00 1.36 16.60 7.53 9.80 4.45 

4.10–4.20 ..................... 116.1–118.9 3.00 1.36 17.00 7.72 10.00 4.54 

4.20–4.30 ..................... 118.9–121.8 3.00 1.36 17.40 7.90 10.20 4.63 

4.30–4.40 ..................... 121.8–124.6 3.00 1.36 17.80 8.09 10.40 4.72 

4.40–4.50 ..................... 124.6–127.4 3.00 1.36 18.20 8.27 10.60 4.82 

4.50–4.60 ..................... 127.4–130.3 3.00 1.36 18.70 8.46 10.80 4.91 

4.60–4.70 ..................... 130.3–133.1 3.00 1.36 19.10 8.65 11.00 5.00 

4.70–4.80 ..................... 133.1–135.9 3.00 1.36 19.50 8.83 11.20 5.10 

4.80–4.90 ..................... 135.9–138.8 3.00 1.36 19.90 9.02 11.40 5.19 

4.90–5.00 ..................... 138.8–141.6 3.00 1.36 20.30 9.20 11.60 5.28 

5.00–5.10 ..................... 141.6–144.4 3.00 1.36 20.70 9.39 11.90 5.38 

5.10–5.20 ..................... 144.4–147.2 3.00 1.36 21.10 9.58 12.10 5.47 

5.20–5.30 ..................... 147.2–150.1 3.00 1.36 21.50 9.76 12.30 5.56 

5.30–5.40 ..................... 150.1–152.9 3.00 1.36 21.90 9.95 12.50 5.65 

5.40–5.50 ..................... 152.9–155.7 3.00 1.36 22.30 10.13 12.70 5.75 

5.50–5.60 ..................... 155.7–158.6 3.00 1.36 22.80 10.32 12.90 5.84 

5.60–5.70 ..................... 158.6–161.4 3.00 1.36 23.20 10.51 13.10 5.93 

5.70–5.80 ..................... 161.4–164.2 3.00 1.36 23.60 10.69 13.30 6.03 

5.80–5.90 ..................... 164.2–167.1 3.00 1.36 24.00 10.88 13.50 6.12 

5.90–6.00 ..................... 167.1–169.9 3.00 1.36 24.40 11.06 13.70 6.21 

NOTES: (1) All test load weights are bone dry weights. 

(2) Allowable tolerance on the test load weights are ±0.10 lbs (0.05 kg). 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of Samsung’s petition 

for waiver from certain parts of the test 

procedure that apply to clothes washers 

and grants an interim waiver to 

Samsung. DOE is publishing Samsung’s 

petition for waiver in its entirety 

pursuant to 10 CFR 430.27(b)(1)(iv). The 

petition contains no confidential 

information. The petition includes a 

suggested alternate test procedure to 

measure the energy consumption of 

clothes washers with capacities larger 

than the 3.8 cubic feet specified in the 

current DOE test procedure. DOE is 

interested in receiving comments from 

interested parties on all aspects of the 

petition, including the suggested 

alternate test procedure and any other 

alternate test procedure. 

Pursuant to 10 CFR 430.27(b)(1)(iv), 

any person submitting written 

comments to DOE must also send a copy 

to the petitioner, whose contact 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21885 

information is included in the 

ADDRESSES section above. 

Issued in Washington, DC, on April 12, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

February 11, 2011 

Catherine Zoi, Energy Efficiency and 

Renewable Energy, Department of 

Energy, 1000 Independence 

Avenue, SW., Washington, DC 

20585. 

Re: Petition for Waiver and 

Application for Interim Waiver, 

Clothes Washers Capacity Greater 

than 3.8 Cubic Feet 

Dear Assistant Secretary Zoi: 

Samsung Electronics America, Inc., a 

subsidiary of Samsung Electronics Co., 

Ltd. (Samsung), respectfully submits 

this Petition for Waiver and Application 

for Interim Waiver to the Department of 

Energy (DOE) for the testing of clothes 

washers with capacity greater than 3.8 

cubic feet. 

The 10 CFR Part 430.27(a)(1) allows a 

person to submit a petition to waive for 

a particular basic model any 

requirements of § 430.23 upon the 

grounds that the basic model contains 

one or more design characteristics 

which either prevent testing of the basic 

model according to the prescribed test 

procedures, or the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 

Additionally, 10 CFR Part 430.27(b)(2) 

allows an applicant to request an 

Interim Waiver if economic hardship 

and/or competitive disadvantage is 

likely to result absent a favorable 

determination on the Application for 

Interim Waiver. 

Reasoning 

In order to meet current market 

demands, Samsung designed and will 

be marketing clothes washers with 

capacities greater than 3.8 cubic feet. 

Samsung expects that the majority of 

Samsung clothes washers will be greater 

than 3.8 cubic feet in capacity. The 

current test procedure, Appendix J1 to 

Subpart B of Part 430, Table 5.1, does 

not contain load sizes for capacities 

greater than 3.8 cubic feet, preventing 

Samsung from appropriately testing 

clothes washer models with capacity 

greater than 3.8 cubic feet. The 

Department recognized this test method 

deficiency in the Interim Waivers 

granted to Electrolux (75 FR 81258), LG 

(75 FR 71680), Whirlpool (75 FR 69653), 

General Electric (75 FR 57915), and 

Samsung (75 FR 57937). 

The nature of this Application for 

Interim Waiver and Petition for Waiver 

does not differ from Samsung’s original 

Application for Interim Waiver and 

Petition for Waiver as published in 75 

FR 57937. 

Conclusion 

On the grounds that current test 

methods for clothes washers will 

prevent Samsung from testing its new 

clothes washer models, and given that 

DOE had already granted Samsung an 

Interim Waiver in 75 FR 57937, 

Samsung requests that DOE 

expeditiously extend the expanded 

Table 5.1, as prescribed in 75 FR 57937, 

to the following Samsung clothes 

washer models: 

WA5471* * * 

WA5461* * * 

WA5451* * * 

WA5441* * * 

WA5431* * * 

Affected Persons 

Primarily affected persons in the 

clothes washers category include 

Alliance Laundry Systems, LLC., BSH 

Home Appliances Corp., Electrolux 

Home Products, Equator, Fisher & 

Paykel Appliances, Inc., GE Appliances, 

Haier America Trading, L.L.C., LG 

Electronics Inc., Miele Appliances, Inc., 

and Whirlpool Corporation. Samsung 

will notify all these entities as required 

by the Department’s rules and provide 

them with a version of this Petition. A 

copy was also provided to the 

Association of Home Appliance 

Manufacturers (AHAM). 

Sincerely, 

Michael Moss 

Director of Corporate Environmental Affairs 

[FR Doc. 2011–9475 Filed 4–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 12758–003] 

BOST5 Hydroelectric Company, LLC; 

Notice of Application Tendered for 

Filing With the Commission and 

Soliciting Additional Study Requests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: Original Major 

License. 

b. Project No.: P–12758–003. 

c. Date filed: March 28, 2011. 

d. Applicant: BOST5 Hydroelectric 

Company, LLC (BOST5). 

e. Name of Project: Red River Lock & 

Dam No. 5 Hydroelectric Project. 

f. Location: The proposed project 

would be located at the existing Army 

Corps of Engineer’s (Corps) Red River 

Lock & Dam No. 5 on the Red River, 

near the town of Ninock near the City 

of Shreveport, Louisiana. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791 (a)–825(r). 

h. Applicant Contacts: Mr. Douglas A. 

Spalding, BOST5 Hydroelectric 

Company, LLC, 8441 Wayzata Blvd., 

Suite 101, Golden Valley, MN 55426; 

(952) 544–8133. 

i. FERC Contact: Jeanne Edwards 

(202) 502–6181 or by e-mail at 

jeanne.edwards@ferc.gov. 

j. Cooperating agencies: Federal, state, 

local, and tribal agencies with 

jurisdiction and/or special expertise 

with respect to environmental issues 

that wish to cooperate in the 

preparation of the environmental 

document should follow the 

instructions for filing such requests 

described in item l below. Cooperating 

agencies should note the Commission’s 

policy that agencies that cooperate in 

the preparation of the environmental 

document cannot also intervene. See, 94 

FERC ¶ 61,076 (2001). 

k. Pursuant to section 4.32(b)(7) of 18 

CFR of the Commission’s regulations, if 

any resource agency, Indian Tribe, or 

person believes that an additional 

scientific study should be conducted in 

order to form an adequate factual basis 

for a complete analysis of the 

application on its merit, the resource 

agency, Indian Tribe, or person must file 

a request for a study with the 

Commission not later than 60 days from 

the date of filing of the application, and 

serve a copy of the request on the 

applicant. 

l. Deadline for filing additional study 

requests and requests for cooperating 

agency status: June 11, 2011. 

All documents may be filed 

electronically via the internet. See 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site (http://www.ferc.gov/docs-filing/ 

ferconline.asp) under the ‘‘e-Filing’’ link. 

For a simpler method of submitting text 

only comments, click on ‘‘eComment.’’ 

For assistance, please contact FERC 

Online Support at 

FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY, 

contact (202) 502–8659. Although the 

Commission strongly encourages 

electronic filing, documents may also be 

paper-filed. To paper-file, mail an 

mstockstill on DSKH9S0YB1PROD with NOTICES