11228 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

toll free at 1–866–512–1800; or in the 

Washington, DC area at 202–512–0000. 

Martha Kanter, 

Under Secretary. 

[FR Doc. 2011–4551 Filed 2–28–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Paducah 

AGENCY: Department of Energy (DOE). 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EM SSAB), Paducah. The 

Federal Advisory Committee Act (Pub. 

L. No. 92–463, 86 Stat. 770) requires 

that public notice of this meeting be 

announced in the Federal Register. 

DATES: Thursday, March 17, 2011; 

6 p.m. 

ADDRESSES: Barkley Centre, 111 

Memorial Drive, Paducah, Kentucky 

42001. 

FOR FURTHER INFORMATION CONTACT: 

Reinhard Knerr, Deputy Designated 

Federal Officer, Department of Energy 

Paducah Site Office, Post Office Box 

1410, MS–103, Paducah, Kentucky 

42001 (270) 441–6825. 

SUPPLEMENTARY INFORMATION: Purpose of 

the Board: The purpose of the Board is 

to make recommendations to DOE–EM 

and site management in the areas of 

environmental restoration, waste 

management and related activities. 

Tentative Agenda: 

• Call to Order, Introductions, Review 

of Agenda. 

• Deputy Designated Federal Officer’s 

Comments. 

• Federal Coordinator’s Comments. 

• Liaisons’ Comments. 

• Presentation by Kentucky Research 

Consortium for Energy and Environment 

(KRCEE): Update on Future Use Study. 

• Administrative Issues. 

Æ Discussion on Top 3 Issues, 

Accomplishment, and Major Board 

Activity. 

Æ Discussion on Recommendation 

11–2: Potential Moderating Criteria for 

Waste Disposal Options. 

• Subcommittee Chairs’ Comments. 

• Public Comments. 

• Final Comments. 

• Adjourn. 

Breaks Taken As Appropriate. 

Public Participation: The EM SSAB, 

Paducah, welcomes the attendance of 

the public at its advisory committee 

meetings and will make every effort to 

accommodate persons with physical 

disabilities or special needs. If you 

require special accommodations due to 

a disability, please contact Reinhard 

Knerr as soon as possible in advance of 

the meeting at the telephone number 

listed above. Written statements may be 

filed with the Board either before or 

after the meeting. Individuals who wish 

to make oral statements pertaining to 

agenda items should contact Reinhard 

Knerr at the telephone number listed 

above. Requests must be received as 

soon as possible prior to the meeting 

and reasonable provision will be made 

to include the presentation in the 

agenda. The Deputy Designated Federal 

Officer is empowered to conduct the 

meeting in a fashion that will facilitate 

the orderly conduct of business. 

Individuals wishing to make public 

comments will be provided a maximum 

of five minutes to present their 

comments. 

Minutes: Minutes will be available by 

writing or calling Reinhard Knerr at the 

address and phone number listed above. 

Minutes will also be available at the 

following Web site: http:// 

www.pgdpcab.energy.gov/ 

2011Meetings.html. 

Issued at Washington, DC on February 24, 

2011. 

LaTanya Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–4488 Filed 2–28–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–018] 

Energy Conservation Program for 

Consumer Products: Notice of Petition 

for Waiver of LG Electronics USA, 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 LG Electronics 

USA, Inc. (LG) petition for waiver and 

application for 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 LG petition. 

DATES: DOE will accept comments, data, 

and information with respect to the LG 

petition until, but no later than March 

31, 2011. 

ADDRESSES: You may submit comments, 

identified by case number CW–018, 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–018’’ 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: John I. Taylor, Vice 

President, Government Relations and 

Communications, LG Electronics USA, 

Inc., 1776 K Street, NW., Washington, 

DC 20006; (202) 719–3490; Email: 

john.taylor@lge.com. 

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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11229 

1For editorial reasons, upon codification in the 

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

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. 

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.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

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 

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 September 24, 2010, LG 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, LG 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 

November 24, 2010. 75 FR 71680. On 

January 19, 2011, LG 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 

September 2010 petition for waiver. 

LG’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. LG manufactures basic 

models with capacities greater than 3.8 

cubic feet, and it is for these basic 

models that LG 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. 

LG 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 LG on 

November 24, 2010. 75 FR 71680. 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 LG’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 LG 


jlentini on DSKJ8SOYB1PROD with NOTICES
11230 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

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. On September 16, 2010, DOE 

granted interim waivers to General 

Electric (75 FR 57915 (September 23, 

2010)) and Samsung (75 FR 57937 

(September 23, 2010)) for similar 

products. GE’s waiver was granted on 

December 10, 2010. 75 FR 76968. As 

stated above, DOE granted a previous 

interim waiver to LG on November 24, 

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 interim 

waivers granted to LG, Whirlpool, 

Samsung and GE, it appears likely that 

the petition for waiver will be granted. 

As a result, DOE grants an interim 

waiver to LG for of 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 LG is hereby granted for the 

specified LG clothes washer basic 

models, subject to the specifications and 

conditions below. 

1. LG 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. LG 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: 

Model Brand 

WM3360H*** ............. LG 

WM3550H*** ............. LG 

WM3150H** .............. LG 

WM3975H*** ............. LG 

WM3985H*** ............. LG 

WT4901C* ................. LG 

2947#00# .................. Kenmore 

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. LG 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 

LG in a subsequent Decision and Order. 

The alternate procedure approved 

today is intended to allow LG 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 submitted by 

LG. As noted above, the Table 5.1 

submitted by LG in its petition is the 

same Table 5.1 that appears in DOE’s 

clothes washer test procedure NOPR. 75 

FR 57556 (September 21, 1010). The 

NOPR Table 5.1 uses the accurate 

conversion factor 0.45359237 employed 

by LG and Samsung to convert test loads 

from pounds to kilograms. The rounding 

errors contained in earlier LG petitions 

for waiver are not present in LG’s 

current petition. 

During the period of the interim 

waiver granted in this notice, LG 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. 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11231 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. liter 

lb kg lb kg lb kg 

≥ < ≥ < 

2.00–2.10 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 LG’s petition for 

waiver from certain parts of the test 

procedure that apply to clothes washers 

and grants an interim waiver to LG. DOE 

is publishing LG’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 

information is included in the 

ADDRESSES section above. 

Issued in Washington, DC, on February 23, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

LG Electronics U.S.A., Inc., 1000 Sylvan 

Avenue, Englewood Cliffs, NJ 07632 

January 19, 2011 

The Honorable Catherine Zoi, Assistant 

Secretary, Energy Efficiency and 

Renewable Energy, United States 

Department of Energy, Mail Station 

EE–10, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585 

Re: Petition for Waiver and Application 

for Interim Waiver, Test Procedure 

for Clothes Washers 

Dear Assistant Secretary Zoi: LG 

Electronics, Inc. (LG) respectfully 

submits this Petition for Waiver and 

Application for Interim Waiver, 

pursuant to 10 C.F.R. § 430.27, as 

related to DOE’s test procedure for 

clothes washers. DOE has already 

granted LG an interim waiver relating to 

testing of certain models. 75 Fed. Reg. 

71680 (Nov. 24, 2010). The current 

Petition and Application would expand 

the number of models subject to the 

grant of a waiver. LG requests expedited 

treatment of the Petition and 

Application. 


jlentini on DSKJ8SOYB1PROD with NOTICES
11232 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

1All LG models are measured in accordance with 

DOE’s final guidance for measuring clothes 

container capacity under the test procedure in 10 

CFR part 430, Subpart B, Appendix J1. 

LG is a manufacturer of clothes 

washers and other products sold 

worldwide, including in the United 

States. LG’s U.S. operations are LG 

Electronics USA, Inc., with 

headquarters at 1000 Sylvan Avenue, 

Englewood Cliffs, NJ 07632 (tel. 201– 

816–2000). Its worldwide headquarters 

are located at LG Twin Towers 20, 

Yoido-dong, Youngdungpo-gu Seoul, 

Korea 150–721; (tel. 011–82–2–3777– 

1114); URL: http.www.LGE.com. LG’s 

principal brands include LG® and OEM 

brands, including GE® and Kenmore®. 

The test procedure under the Energy 

Policy and Conservation Act (EPCA), 42 

U.S.C. § 6291 et seq., provides for 

clothes washers to be tested with 

specified allowable test load sizes. See 

10 C.F.R. Pt. 430, Subpt. B, App. J1, 

Table 5.1. The largest average load 

under Table 5.1 is 9.20 lbs. LG believes 

that it is appropriate for DOE to grant a 

waiver that would allow for testing and 

rating of specified models (see 

Appendix 1 hereto) with larger test 

loads where the model has a container 

volume that is greater than the largest 

volume shown on Table 5.1. 

DOE has already granted waivers and/ 

or interim waivers to a number of 

manufacturers, including LG, 

Whirlpool, General Electric, Samsung, 

and Electrolux for testing with larger 

test loads for specified models with 

container volumes in excess of 3.8 cubic 

feet. 75 Fed. Reg. 71680 (Nov. 24, 2010) 

(LG); id. 57915 (Sept. 23, 2010) (GE); id. 

57937 (Sept. 23, 2010) (Samsung); id. 

69653 (Nov. 15, 2010) (Whirlpool); id. 

76962 (Dec. 10, 2010) (Electrolux); id. 

76968 (Dec. 10, 2010) (GE); id. 81258 

(Dec. 27, 2010) (Electrolux); 71 Fed. Reg. 

48913 (Aug. 22, 2006) (Whirlpool). The 

Association of Home Appliance 

Manufacturers (AHAM) has submitted 

comments to DOE suggesting that the 

DOE test procedure be amended to 

provide for testing with loads in excess 

of those shown in Table 5.1 when 

testing is done on clothes washers with 

volumes in excess of 3.8 cubic feet. See 

AHAM Comments on the Framework 

Document for Residential Clothes 

Washers; EERE–2008–BT–STD–0019; 

RIN 1904–AB90, at Appendix B— 

AHAM Proposed Changes to J1 Table 

5.1 (Oct. 2, 2009). In addition, DOE has 

issued a Notice of Proposed Rulemaking 

proposing to amend the DOE test 

procedure to adopt the AHAM proposed 

Table 5.1. 75 Fed. Reg. 57556 (Sept. 21, 

2010). Further, DOE has issued a 

guidance document indicating the 

appropriateness of waivers for testing 

with larger test loads for clothes 

washers with volumes in excess of 3.8 

cubic feet. DOE, GC Enforcement 

Guidance on the Application of Waivers 

and on the Waiver Process (Dec. 23, 

2010), at http://www.gc.energy.gov/

documents/LargeCapacityRCW_

guidance_22210.pdf. 

LG requests that DOE grant a waiver 

for testing and rating based on the 

revised Table 5.1 in Appendix 2 hereto. 

This is the Table 5.1 as already set forth 

in the interim waiver granted to LG for 

certain models. See 75 Fed. Reg. 71680 

(Nov. 24, 2010). The revised Table 5.1 

should be applied to LG’s testing and 

rating of other models as specified in 

Appendix 1 hereto.1

The waiver should continue until 

DOE adopts an applicable amended test 

procedure. 

LG also requests an interim waiver for 

its testing and rating of the foregoing 

models. The petition for waiver is likely 

to be granted, as evidenced not only by 

its merits, but also because DOE has 

granted waivers and/or interim waivers 

to LG, Whirlpool, GE, Samsung, and 

Electrolux and has proposed a 

corresponding amendment to its test 

procedure. Hence, grant of an interim 

waiver for LG is appropriate. 

We would be pleased to discuss this 

request with DOE and provide further 

information as needed. 

LG requests expedited treatment of 

the Petition and Application. In that 

regard, DOE has stated in its December 

23, 2010 Enforcement Guidance (supra) 

that it ‘‘commits to act promptly on 

waiver requests.’’ LG appreciates this 

commitment by DOE. 

We hereby certify that all 

manufacturers of domestically marketed 

units of the same product type have 

been notified by letter of this petition 

and application, copies of which letters 

are set forth in Appendix 3 hereto. 

Sincerely, 

John I. Taylor, 

Vice President, Government Relations and 

Communications, LG Electronics USA, Inc., 

1776 K Street, NW., Washington, DC 20006, 

Phone: 202–719–3490, Fax: 847–941–8177, 

Email: john.taylor@lge.com 

Of counsel: John A. Hodges, Wiley Rein LLP, 

1776 K Street, NW., Washington, DC 20006, 

Phone: 202–719–7000, Fax: 202–719–7049, 

Email: jhodges@wileyrein.com 

Appendix 1 

The waiver and interim waiver 

requested herein should apply to testing 

and rating of the following model series 

of LG-manufactured clothes washers. 

Please note that the actual model 

numbers will vary to account for such 

factors as year of manufacture, product 

color, or other features. Nonetheless, 

they will always have volumes in excess 

of 3.8 cubic feet. 

(In the chart below, ‘‘ # ’’ represents a 

number; ‘‘*’’ represents a letter.) 

Model Brand 

WM3360H*** ............. LG. 

WM3550H*** ............. LG. 

WM3150H** .............. LG. 

WM3975H*** ............. LG. 

WM3985H*** ............. LG. 

WT4901C* ................. LG. 

2947#00# .................. Kenmore. 

Appendix 2 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11233 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. ≥ < liter ≥ < lb kg lb kg lb kg 

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). 

[FR Doc. 2011–4485 Filed 2–28–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–016] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to LG From 

the Department of Energy Residential 

Clothes Washer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CW–016) 

that grants to LG Electronics U.S.A., Inc. 

(LG) a waiver from the DOE clothes 

washer test procedure for determining 

the energy consumption of clothes 

washers. Under today’s decision and 

order, LG shall be required to test and 

rate its clothes washers with larger 

clothes containers using an alternate test 

procedure that takes the larger 

capacities into account when measuring 

energy consumption. 

DATES: This Decision and Order is 

effective March 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Michael G. Raymond, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE– 

2J, 1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611, E-mail: 

mail to: Michael.Raymond@

ee.doe.gov. 

Jennifer Tiedeman, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103. Telephone: (202) 287–6111, 

E-mail: mail to: Jennifer.Tiedeman@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants LG a 

waiver from the applicable clothes 

washer test procedure in 10 CFR part 


jlentini on DSKJ8SOYB1PROD with NOTICES