Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 70999 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. liter 

lb kg lb kg lb kg 

≥ < ≥ < 

5.10–5.20 ..................... 144.4–147.2 3.00 1.36 21.10 9.58 12.05 5.47 

5.20–5.30 ..................... 147.2–150.1 3.00 1.36 21.50 9.76 12.25 5.56 

5.30–5.40 ..................... 150.1–152.9 3.00 1.36 21.90 9.95 12.45 5.65 

5.40–5.50 ..................... 152.9–155.7 3.00 1.36 22.30 10.13 12.65 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 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 Samsung’s June 

20, 2011 petition for waiver. Grant of 

this waiver does not release a petitioner 

from the certification requirements set 

forth at 10 CFR part 429. 

Issued in Washington, DC, on November 8, 

2011. 

lllllllllllllllllllll

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2011–29596 Filed 11–15–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–022] 

Notice of Petition for Waiver of LG 

Electronics U.S.A., Inc. From the 

Department of Energy 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, 

notice of grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes the LG Electronics 

U.S.A., 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 December 16, 2011. 

ADDRESSES: You may submit comments, 

identified by case number CW–022, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include ‘‘Case No. CW–022’’ 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. 

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., 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. 

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. Email: 

Michael.Raymond@ee.doe.gov. 

Ms. Elizabeth Kohl, 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) 586–7796. Email: 

Elizabeth.Kohl@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 

mstockstill on DSK4VPTVN1PROD with NOTICES

71000 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 

1For editorial reasons, upon codification in the 

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

2For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

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)). Part C of 

Title III provides for a similar energy 

efficiency program titled ‘‘Certain 

Industrial Equipment,’’ which includes 

commercial clothes washers and other 

types of commercial equipment.2 (42 

U.S.C. 6311–6317) The test procedure 

for automatic and semi-automatic 

clothes washers (both residential and 

commercial) is contained in 10 CFR part 

430, subpart B, appendix J1. (See 42 

U.S.C. 6314(a)(8), requiring that the test 

procedure for commercial clothes 

washers be the same as the test 

procedure established for residential 

clothes washers). 

The regulations set forth in 10 CFR 

430.27 and 431.401 contain provisions 

that enable a person to seek a waiver 

from the test procedure requirements for 

covered products. The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (the Assistant 

Secretary) will grant a waiver 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), 

431.401(f)(4). 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), 

430.401(b)(1)(iii). The Assistant 

Secretary may grant the waiver subject 

to conditions, including adherence to 

alternate test procedures. 10 CFR 

430.27(l), 431.401(f)(4). Waivers remain 

in effect pursuant to the provisions of 10 

CFR 430.27(m) or 430.401(g), as 

appropriate. 

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(g), 430.401(e)(3). 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), 430.401(e)(4). 

On December 23, 2010, DOE issued 

enforcement guidance on the 

application of 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://energy.gov/sites/prod/files/ 

gcprod/documents/LargeCapacityRCW_

guidance_122210.pdf. 

II. Application for Interim Waiver and 

Petition for Waiver 

On October 31, 2011, LG submitted a 

petition for waiver from the DOE test 

procedure applicable to automatic and 

semi-automatic clothes washers set forth 

in 10 CFR part 430, subpart B, appendix 

J1. LG requested the waiver for specified 

basic models with capacities greater 

than 3.8 cubic feet 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. 

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 table is identical to the 

Table 5.1 found in DOE’s clothes washer 

test procedure Notice of Proposed 

Rulemaking (NOPR). 75 FR 57556 

(September 21, 2010). DOE notes that 

the Table 5.1 proposed in the September 

2010 NOPR was amended to correct 

rounding errors in the supplemental 

proposed rule issued on July 26, 2011 

http://www.eere.energy.gov/buildings/

appliance_standards/residential/pdfs/

rcw_tp_snopr.pdf. (76 FR 49238, Aug. 9, 

2011). 

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), 

430.401(e)(3)). 

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 might experience absent a 

favorable determination on its 

application for interim waiver. DOE has 

determined, however, that it is likely 

LG’s petition will be granted, and that 

it is desirable for public policy reasons 

to grant LG relief pending a 

determination on the petition. 

Previously, DOE granted test procedure 

waivers to Whirlpool (75 FR 69653 

(Nov. 15, 2010)), General Electric 

Company (GE) (75 FR 76968 (Dec. 10, 

2010)), Samsung (76 FR 13169 (Mar. 10, 

2011), (76 FR 50207 (Aug. 12, 2011)), 

and Electrolux (76 FR 11440 (Mar. 2, 

2011)) for products with capacities 

larger than currently specified in the 

test procedure. DOE has also granted 

previous waivers to LG for similar 

products. (76 FR 11233, Mar. 1, 2011; 

76 FR 21879, Apr. 19, 2011). In these 

waivers, DOE established an alternate 

test procedure extending the linear 

relationship between the maximum test 

load size and clothes washer container 

volume up to 6.0 cubic feet. As noted 

above, this revised table would be 

established by adoption of DOE’s 

September 2010 test procedure NOPR, 

as amended in the supplemental 

proposal issued on July 26, 2011. 

The current DOE test procedure 

specifies test load sizes only for 

machines with capacities up to 3.8 

cubic feet. For the reasons set forth in 

DOE’s September 2010 NOPR, 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 LG and other manufacturers 

for similar models, it appears likely that 

the petition for waiver will be granted. 

DOE also believes that the energy 

efficiency of similar products should be 

tested and rated in the same manner. As 

a result, DOE grants an interim waiver 

to LG 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) and 10 CFR 430.401(e)(3). 

DOE also provides for the use of an 

alternative test procedure extending the 

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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 71001 

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. 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 residential model 

groups: 

Model Brand 

WM9000H ** ........................... LG 

WM8500H ** ........................... LG 

WM3470H *** ......................... LG 

And the following commercial model 

groups: 

Model Brand 

CW2079C *** .......................... LG 

GCW1069 ** ........................... LG 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. LG may submit a 

subsequent 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 part 429. 

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 and 430.401, 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 that appears in 

DOE’s clothes washer test procedure 

NOPR (75 FR 57556, Sept. 21, 2010), 

altered slightly to correct rounding 

errors as specified in DOE’s 

supplemental proposal issued on July 

26, 2011. 

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 

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 

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71002 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. liter 

lb kg lb kg lb kg 

≥ < ≥ < 

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 10.85 4.91 

4.60–4.70 ..................... 130.3–133.1 3.00 1.36 19.10 8.65 11.05 5.00 

4.70–4.80 ..................... 133.1–135.9 3.00 1.36 19.50 8.83 11.25 5.10 

4.80–4.90 ..................... 135.9–138.8 3.00 1.36 19.90 9.02 11.45 5.19 

4.90–5.00 ..................... 138.8–141.6 3.00 1.36 20.30 9.20 11.65 5.28 

5.00–5.10 ..................... 141.6–144.4 3.00 1.36 20.70 9.39 11.85 5.38 

5.10–5.20 ..................... 144.4–147.2 3.00 1.36 21.10 9.58 12.05 5.47 

5.20–5.30 ..................... 147.2–150.1 3.00 1.36 21.50 9.76 12.25 5.56 

5.30–5.40 ..................... 150.1–152.9 3.00 1.36 21.90 9.95 12.45 5.65 

5.40–5.50 ..................... 152.9–155.7 3.00 1.36 22.30 10.13 12.65 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), 430.401(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 solicits comments from 

interested parties on all aspects of the 

petition. Pursuant to 10 CFR 

430.27(b)(1)(iv), 430.401(c)(1), any 

person submitting written comments to 

DOE must also send a copy of such 

comments to the petitioner. 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. 

All submissions received must 

include the agency name and case 

number for this proceeding. Submit 

electronic comments in 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). 

Issued in Washington, DC, on November 8, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

October 31, 2011 

The Honorable Henry Kelly 

Acting 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 Kelly: LG 

Electronics, Inc. (LG) respectfully 

submits this Petition for Waiver and 

Application for Interim Waiver, 

pursuant to 10 CFR §§ 430.27, 431.401, 

as related to DOE’s test procedure for 

clothes washers. DOE has already 

granted LG waivers relating to testing of 

certain models. 76 Fed. Reg. 64330 (Oct. 

18, 2011); id. 21879 (April 19, 2011); id. 

11228 (March 1, 2011); id. 11233 (March 

1, 2011); 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. 

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 CFR Pt. 430, Subpt. B, App. Jl, 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. See, e.g., 76 Fed. Reg. 64330 (Oct. 

18, 2011) (LG); id. 48149 (Aug. 8, 2011) 

(Samsung); id. 21879 (April 19, 2011 

(LG); id. 21881 (April 19, 2011) 

(Samsung); id. 13169 (March 10, 2011) 

(Samsung); id. 11440 (March 2, 2011) 

(Electrolux); id. 11228 (March 1, 2011) 

(LG); id. 11233 (March 1, 2011) (LG); 75 

Fed. Reg. 81258 (Dec. 27, 2010) 

(Electrolux); id. 76968 (Dec. 10, 2010) 

(GE); id. 71680 (Nov. 24, 2010) (LG); id. 

57915 (Sept. 23, 2010) (GE); id. 57937 

(Sept. 23, 2010) (Samsung); id. 69653 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 71003 

1All LG models are measured in accordance with 

DOE’s final guidance for measuring clothes 

container capacity under the test procedure in 10 

C.F.R. Part 430, Subpart B, Appendix J1. 

3 DOE goes on to state that ‘‘DOE, as a matter of 

policy, will refrain from enforcement actions 

related to a waiver request that is pending with the 

Department’’ Id. 

(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). And it has issued a Supplemental 

Notice of Proposed Rulemaking to the 

same effect. 76 Fed. Reg. 49238 (Aug. 9, 

2011). 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, IGC 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 waivers granted to LG for certain 

models. See 76 Fed. Reg. 64330 (Oct. 18, 

2011); id. 21879 (April 19, 2011); id. 

11228 (March 1, 2011); id. 11233 (March 

1, 2011); 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 repeated this in its 

March 7, 2011 notice concerning its 

certification, compliance and 

enforcement rule. 76 Fed. Reg. 12422, 

12442 (‘‘The Department renews its 

commitment to act swiftly on waiver 

requests’’).3 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, 776 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 

letter.) 

Model Brand 

WM9000H** ........................... LG 

WM8500H** ........................... LG 

WM3470H*** .......................... LG 

The waiver and interim waiver 

requested herein should also apply to 

testing and rating of the following series 

of LG-manufactured ‘‘commercial’’ 

clothes washers, to the extent that DOE 

deems that such a waiver is needed for 

such products: 

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

letter.) 

Model Brand 

CW2079C*** .......................... LG 

GCW1069** ............................ LG 

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 

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 

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71004 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

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

2.10–2.20 ..................... 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. 2011–29598 Filed 11–15–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 14224–000] 

Natural Currents Energy Services, 

LLC; Notice of Preliminary Permit 

Application Accepted for Filing and 

Soliciting Comments, Motions to 

Intervene, and Competing Applications 

On July 14, 2011, Natural Currents 

Energy Services, LLC filed an 

application, pursuant to section 4(f) of 

the Federal Power Act, proposing to 

study the feasibility of the Margate Tidal 

Energy Project, which would be located 

on the Beach Thoroughfare in Atlantic 

County, New Jersey. The proposed 

project would not use a dam or 

impoundment. The sole purpose of a 

preliminary permit, if issued, is to grant 

the permit holder priority to file a 

license application during the permit 

term. A preliminary permit does not 

authorize the permit holder to perform 

any land-disturbing activities or 

otherwise enter upon lands or waters 

owned by others without the owners’ 

express permission. 

The proposed project would consist 

of: (1) Installation of 10 to 30 NC Sea 

Dragon or Red Hawk tidal turbines at a 

rated capacity of 100 kilowatts, (2) an 

estimated 200–1,500 meters in length of 

additional transmission infrastructure, 

and (3) appurtenant facilities. The 

project is estimated to have an annual 

minimum generation of 3,504,000 

kilowatt-hours with the installation of 

10 units. 

Applicant Contact: Mr. Roger Bason, 

Natural Currents Energy Services, LLC, 

24 Roxanne Boulevard, Highland, New 

York 12561, (845) 691–4009. 

FERC Contact: Woohee Choi (202) 

502–6336. 

Deadline for filing comments, motions 

to intervene, competing applications 

(without notices of intent), or notices of 

intent to file competing applications: 60 

days from the issuance of this notice. 

Competing applications and notices of 

intent must meet the requirements of 18 

CFR 4.36. Comments, motions to 

intervene, notices of intent, and 

competing applications 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/ 

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 

without prior registration, using the 

mstockstill on DSK4VPTVN1PROD with NOTICES