Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Notices 13169 

1Upon codification in the U.S. Code, Part B was 

re-designated Part A for editorial reasons. 

[FR Doc. 2011–5501 Filed 3–9–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–014] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Samsung 

Electronics America, Inc. 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–014) 

that grants to Samsung Electronics 

America, Inc. (Samsung) a waiver from 

the DOE clothes washer test procedure 

for determining the energy consumption 

of clothes washers. Under today’s 

decision and order, Samsung shall be 

required to test and rate its clothes 

washers with larger clothes containers 

using an alternate test procedure that 

takes this technology into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective March 10, 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. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103. Telephone: (202) 586–7796, Email: mail to: 

Elizabeth.Kohl@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 Samsung 

a waiver from the applicable clothes 

washer test procedure in 10 CFR part 

430, subpart B, appendix J1 for certain 

basic models of clothes washers with 

capacities greater than 3.8 cubic feet, 

provided that Samsung tests and rates 

such products using the alternate test 

procedure described in this notice. 

Today’s decision prohibits Samsung 

from making representations concerning 

the energy efficiency of these products 

unless the product has been tested 

consistent with the provisions and 

restrictions in the alternate test 

procedure set forth in the decision and 

order below, and the representations 

fairly disclose the test results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

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

Issued in Washington, DC, on March 3, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Samsung Electronics 

America, Inc. (Case No. CW–014) 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency. Part B of Title III provides for 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ 42 U.S.C. 6291–6309.1

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 that 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 residential clothes 

washers, the subject of today’s notice, is 

contained in 10 CFR part 430, subpart 

B, appendix J1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when (1) the petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when 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(a)(1). 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 characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a 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). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the 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 on the petition 

for waiver. 10 CFR 430.27(g). 

II. Samsung’s Petition for Waiver: 

Assertions and Determinations 

On July 20, 2010, Samsung filed a 

petition for 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 on the 

basis of the residential test procedures 

contained in 10 CFR part 430, Subpart 

B, Appendix J1, with a revised Table 5.1 

extended to larger container volumes. 

Samsung’s petition was published in the 

Federal Register on September 23, 2010. 

75 FR 57937. DOE received no 

comments on the Samsung petition. 

Samsung’s petition seeks a waiver 

from the DOE test procedure because 

the mass of the test load used in the 

DOE test procedure is based on the 

basket volume of the test specimen, 

which is currently not defined for the 

basket sizes of the basic models cited in 

its waiver application. In the DOE test 

procedure, the relation between basket 

volume and test load mass is defined for 

basket volumes between 0 and 3.8 cubic 

feet. Samsung has designed a series of 

clothes washers that contain basket 

volumes greater than 3.8 cubic feet. 

DOE has granted petitions for waiver 

and requests for interim waiver to other 

manufacturers for clothes washer basic 

models with capacities greater than 3.8 

cubic feet. In addition to the interim 

waiver granted to Samsung (75 FR 

57937, Sept. 23, 2010), DOE has granted 

interim waivers to Whirlpool 

Corporation (71 FR 48913, Aug. 22, 


jdjones on DSK8KYBLC1PROD with NOTICES
13170 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Notices 

2006), LG Electronics, Inc. (LG) (75 FR 

71680, Nov. 24, 2010), the General 

Electric Company (GE) (75 FR 57915, 

Sept. 16, 2010), and Electrolux (75 FR 

81258, December 27, 2010). DOE also 

granted the petitions for waiver 

submitted by Whirlpool (75 FR 69653, 

Nov. 15, 2010) and GE (75 FR 76968, 

Dec. 10, 2010). 

Table 5.1 of Appendix J1 defines the 

test load sizes used in the test procedure 

as linear functions of the basket volume. 

Samsung has submitted a proposed 

revised table to extend the maximum 

basket volume from 3.8 cubic feet to 6.0 

cubic feet, a table similar to one 

developed by the Association of Home 

Appliance Manufacturers (AHAM) and 

provided to DOE in comments on a 

proposed DOE residential clothes 

washer test procedure rulemaking. 

AHAM provided calculations to 

extrapolate Table 5.1 of the DOE test 

procedure to larger container volumes. 

DOE believes that this is a reasonable 

procedure because the DOE test 

procedure defines test load sizes as 

linear functions of the basket volume. 

AHAM’s extrapolation was performed 

on the load weight in pounds, and 

AHAM appears to have used the 

conversion ratio of 1/2.2 (or 0.45454545) 

to convert pounds to kilograms. 

Samsung used the more accurate 

conversion value of 0.45359237 (which 

Whirlpool also used in its similar 

petition), rounding the results in 

kilograms to two decimal places. 

A similar Table 5.1 was also set forth 

in the notice of proposed rulemaking 

(NOPR) to amend the DOE test 

procedure, published September 21, 

2010 (75 FR 57556). The Table 5.1 in the 

clothes washer NOPR has some small 

differences with the Table 5.1 used by 

Samsung and Whirlpool. The 

differences are due to rounding, and the 

largest difference is less than 0.5%. The 

Table 5.1 values in the alternative test 

procedure set forth in this waiver are 

from DOE’s NOPR. As DOE has stated 

in the past, it is in the public interest 

to have similar products tested and 

rated for energy consumption on a 

comparable basis. 

III. Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Samsung petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Samsung. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by 

Samsung, the waivers and interim 

waivers granted to Whirlpool, GE, LG, 

Electrolux and Samsung, DOE’s 

proposed rule to amend the clothes 

washer test procedure, and consultation 

with FTC staff, it is ordered that: 

(1) The petition for waiver submitted 

by Samsung Electronics America, Inc. 

(Case No. CW–014) is hereby granted as 

set forth in the paragraphs below. 

(2) Samsung shall not be required to 

test or rate the following Samsung 

models on the basis of the current test 

procedure contained in 10 CFR part 430, 

subpart B, appendix J1. Instead, it shall 

be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3) 

below: 

WA51A****; WA52A ; 

WA53A** **; WA54A ; 

WA55A** **; WA56A ; WF221** *; 

WF231***; WF241***; WF251***; 

WF330***; WF331***; WF340***; 

WF350***; WF409***; WF410***; 

WF419***; WF421***; WF428***; 

WF431***; WF438***; WF441***; 

WF448***; WF451***; WF461***; 

WF471***; WF500***; WF510***; 

WF511***; WF512***; WF520***. 

(3) Samsung shall be required to test 

the products listed in paragraph (2) 

above according to the test procedures 

for clothes washers prescribed by DOE 

at 10 CFR part 430, appendix J1, except 

that, for the Samsung products listed in 

paragraph (2) only, 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 

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 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Notices 13171 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. 

≥ < 

liter 

≥ < Lb kg Lb kg lb kg 

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. Samsung 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 decision and order applies 

only to those models specifically set out 

in the petition, not future models that 

may be manufactured by Samsung. 

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. Grant of this waiver does 

not release Samsung from the 

certification requirements set forth at 10 

CFR 430.62. 

(6) This waiver shall remain in effect 

consistent with the provisions of 10 

CFR430.27(m). 

(7) 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. 

Issued in Washington, DC, on March 3, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–5506 Filed 3–9–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP11–107–000] 

Leaf River Energy Center LLC; Notice 

of Application 

On February 25, 2011, Leaf River 

Energy Center LLC (Leaf River), 53 

Riverside Avenue, Westport, 

Connecticut 06880, filed with the 

Federal Energy Regulatory Commission 

(Commission) an application under 

section 7(c) of the Natural Gas Act 

(NGA), as amended, and part 157 of the 

Commission’s regulations for an order 

amending the certificate of public 

convenience and necessity issued in 

Docket No. CP08–8–000 to authorize 

Leaf River to relocate and construct two 

of its certificated and not yet 

constructed storage caverns and to 

construct associated cavern piping 

corridors, access roads and related 

facilities, all as more fully detailed in 

the Application. Leaf River also seeks 

reaffirmation of its previously granted 

authorization to charge market-based 

rates for its storage and hub services, as 

well as various waivers granted in the 

order issuing certificate. Leaf River 

states that this amendment does not 

involve any change in capacity, 

pressures, injection rates or withdrawal 

rates authorized by the Commission in 

the original certificate order. 

Questions regarding the application 

may be directed to James F. Bowe, Jr., 

Dewey & LeBoeuf LLP, 1101 New York 

Avenue, NW., Washington, DC 20005– 

4213, 202–346–7999 (phone), 202–346– 

8102 (fax), or jbowe@dl.com. 

Pursuant to section 157.9 of the 

Commission’s rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: complete 

its environmental assessment (EA) and 

place it into the Commission’s public 

record (eLibrary) for this proceeding; or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or EA for this proposal. The filing of the 

EA in the Commission’s public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify Federal and 


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