81258 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

1For editorial reasons, on codification in the U.S. 

Code, Part B was re-designated Part A. 

Issued in Washington, DC on December 20, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–32440 Filed 12–23–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–017] 

Energy Conservation Program for 

Consumer Products: Notice of Petition 

for Waiver of Electrolux Home 

Products, Inc. (Electrolux) 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, 

notice of grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes the Electrolux Home 

Products, Inc. (Electrolux) petition for 

waiver (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 to Electrolux 

an interim waiver from these same 

portions of the clothes washer test 

procedure. Through this notice, DOE 

also solicits comments with respect to 

the Electrolux petition. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Electrolux petition until, but no later 

than January 26, 2011. 

ADDRESSES: You may submit comments, 

identified by case number CW–017, 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–017’’ 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., (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. 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. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

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 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 semi-automatic clothes 

washers is contained in 10 CFR part 

430, subpart B, appendix J1. 

The regulations set forth in 10 CFR 

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. An 

interim waiver may be extended for an 

additional 180 days. 10 CFR 430.27(h). 

II. Application for Interim Waiver and 

Petition for Waiver 

On December 8, 2010, Electrolux filed 

a petition for waiver and application for 

interim waiver from the test procedure 

applicable to automatic and semiautomatic clothes washers set forth in 

10 CFR part 430, subpart B, appendix J1. 

In particular, Electrolux requested a 

waiver to test its clothes washers with 

basket volumes greater than 3.8 cubic 

feet on the basis of the residential test 

procedures contained in 10 CFR part 

430, Subpart B, Appendix J1, with a 

revised Table 5.1 which extends the 

range of container volumes beyond 3.8 

cubic feet. 

Electrolux’s 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. Electrolux manufactures 

basic models with capacities greater 

than 3.8 cubic feet, and it is for these 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81259 

basic models that Electrolux 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. 

Electrolux has submitted a revised table 

to extend the maximum basket volume 

from 3.8 cubic feet to 6.0 cubic feet, a 

table is similar to one developed by the 

Association of Home Appliance 

Manufacturers (AHAM). 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 seems to have used 

the conversion formula of 1/2.2 (or 

0.45454545) to convert pounds to 

kilograms. LG and Samsung submitted a 

table similar to the table proposed by 

AHAM, rounding the results in 

kilograms to two decimal places. 

However, this table does contain small 

rounding errors which were corrected in 

the table included in DOE’s clothes 

washer test procedure Notice of 

Proposed Rulemaking (NOPR) (75 FR 

57556, September 21, 2010). Electrolux 

requests to use a table identical to Table 

5.1 from DOE’s clothes washer test 

procedure NOPR (75 FR 57556, 

September 21, 1010). See discussion in 

the Alternate Test Procedure section, 

below. 

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 

determined that Electrolux’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 

Electrolux 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 ft.3 (71 FR 

48913, August 22, 2006). This 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 

ft3. 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. On November 18, 2010, DOE 

granted an interim waiver to LG for 

similar products as well (75 FR 71680, 

November 24, 2010). The alternate test 

procedure in the GE petition was the 

same as that granted to Whirlpool in its 

interim waiver, while the alternate test 

procedure in the Samsung and LG 

petition used the slightly different and 

more accurate conversion factor 

discussed above. 

The current test procedure specifies 

test load sizes only for machines with 

capacities up to 3.8 cubic feet. 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 

this, and the interim waivers granted to 

Whirlpool, Samsung, GE, and LG it 

appears likely that the petition for 

waiver will be granted. As a result, the 

Department of Energy grants an interim 

waiver to Electrolux 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. Therefore, it is 

ordered that: 

The application for interim waiver 

filed by Electrolux is hereby granted for 

the specified Electrolux clothes washer 

basic models, subject to the 

specifications and conditions below. 

1. Electrolux 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. Electrolux 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 

EIFLS55*** ............................. Electrolux. 

EIFLS60*** ............................. Electrolux. 

EIFLW55*** ............................ Electrolux. 

EWFLS65*** ........................... Electrolux. 

EWFLS70*** ........................... Electrolux. 

EWFLW65H ........................... Electrolux. 

EWFLW65I ............................. Electrolux. 

Model Brand 

FAFS4272** ........................... Frigidaire. 

FAFS4473** ........................... Frigidaire. 

FAFS4474** ........................... Frigidaire. 

LAFW7000** .......................... Frigidaire 

LAFW8000** .......................... Frigidaire. 

417.4110* ............................... Kenmore. 

417.4413* ............................... 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. 

Electrolux 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 EPCA. (42 

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

representations are important for 

manufacturers to make representations 

about the energy efficiency of their 

products and to demonstrate 

compliance with applicable DOE energy 

conservation standards. Pursuant to its 

regulations for the grant of a waiver or 

interim waiver from an applicable test 

procedure at 10 CFR 430.27, DOE is 

considering setting an alternate test 

procedure for Electrolux in a subsequent 

Decision and Order. This alternate 

procedure is intended to allow 

manufacturers of clothes washers with 

basket capacities larger than provided 

for in the current test procedure to make 

valid representations. This test 

procedure is based on the expanded 

Table 5.1 of Appendix J1 from DOE’s 

clothes washer test procedure Notice of 

Proposed Rulemaking (NOPR) (75 FR 

57556, September 21, 2010). The NOPR 

Table 5.1 uses the accurate conversion 

factor 0.45359237 to convert from 

pounds to kilograms, and does not 

contain rounding errors. Furthermore, if 

DOE specifies an alternate test 

procedure for Electrolux, DOE may 

consider applying the alternate test 

procedure to similar waivers for 

residential clothes washers. 

During the period of the interim 

waiver granted in this notice, Electrolux 

shall test its clothes washer basic 

models according to the provisions of 10 


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81260 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

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 lb 

≥ < ≥ < 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of Electrolux’s 

petition for waiver from certain parts of 

the test procedure that apply to clothes 

washers and grants an interim waiver to 

Electrolux. DOE publishes Electrolux’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 ft 3 specified in the current 

DOE test procedure. DOE is interested 

in receiving comments from interested 


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81261 

parties on all aspects of the petition, 

including the suggested alternate test 

procedure and any other alternate test 

procedure. 

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: Sheila A. Millar, 

Partner, Keller and Heckman LLP, 1001 

G Street, NW., Suite 500 West, 

Washington, DC 20001; (202) 434–4135, 

E-mail: millar@khlaw.com. George E. 

Hawranko, Senior associate General 

Counsel, Electrolux Home Products, 

Inc., 20445 Emerald Parkway, SW., 

Suite 250, P.O. Box 35920, Cleveland, 

Ohio 44135–0920; (216) 898–1800; 

E-mail: 

george.e.hawranko@electrolux.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. 

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. 

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 December 

17, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

December 8, 2010 

Via Hand Delivery 

The Honorable Catherine R. Zoi 

Assistant Secretary 

Office of Energy Efficiency and 

Renewable Energy 

U.S. Department of Energy 

Mail Station EE–10 

Forrestal Building 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121 

Re: Petition for Waiver and Application 

for Interim Waiver from the 

Department of Energy Residential 

Clothes Washer Test Procedure by 

Electrolux Home Products, Inc. 

Dear Assistant Secretary Zoi: 

On behalf of our client, Electrolux 

Home Products, Inc. (Electrolux), we 

respectfully submit this Petition for 

Waiver and Application for Interim 

Waiver, pursuant to 10 C.F.R. § 430.27, 

requesting exemption by the 

Department of Energy from certain parts 

of the test procedure for determining the 

energy consumption of automatic and 

semi-automatic clothes washers. 

Electrolux is a manufacturer and 

global leader of clothes washers and 

other household and professional use 

appliances. Electrolux focuses on 

innovations that are thoughtfully 

designed, based on extensive consumer 

insight, to meet the real needs of 

consumers and professionals. 

Electrolux’s principal clothes washer 

brands in the United States include 

Electrolux®, Frigidaire®, and the 

following OEM brands: Kenmore®. 

This petition for waiver contains no 

confidential business information and 

may be released pursuant to Freedom 

of Information Act requests. 

I. Petition for Waiver 

Electrolux seeks the Department’s 

approval of this proposed amendment to 

the residential clothes washer test 

procedure to be assured of properly 

calculating the energy consumption and 

properly labeling its products. 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 

part 430, subpart B, appendix J1, Table 

5.1. The largest average load under 

Table 5.1 is 9.20 lbs (4.17 kg). Electrolux 

believes that it is appropriate for DOE to 

grant this Petition for Waiver which 

would allow for testing and rating of 

specified Electrolux models (see below) 

with larger test loads where the model 

has a container volume that is greater 

than the largest volume shown on Table 

5.1. 

The following basic Electrolux 

residential clothes washer models are 

subject to this Petition for Waiver. The 

actual model numbers will vary to 

account for year of manufacture, 

product color, or other features (e.g., 

whether or not the unit has a top load 

or front load or other features), but 

whose energy impact is calculated based 

on test load sizes in accordance with 

this Petition. 

Brand Model 

Electrolux ................................ EIFLS55*** 

Electrolux ................................ EIFLS60*** 

Electrolux ................................ EIFLW55*** 

Electrolux ................................ EWFLS65*** 

Electrolux ................................ EWFLS70*** 

Electrolux ................................ EWFLW65H 

Electrolux ................................ EWFLW65I 

Frigidaire ................................. FAFS4272** 

Frigidaire ................................. FAFS4473** 

Frigidaire ................................. FAFS4474** 

Frigidaire ................................. LAFW7000** 

Frigidaire ................................. LAFW8000** 

Kenmore .................................. 417.4110* 

Kenmore .................................. 417.4413* 

DOE has already granted interim 

waivers to Whirlpool, General Electric, 

Samsung, and LG for testing with larger 

test loads for specified models in excess 

of 3.8 cubic feet. See 71 Fed. Reg. 48,913 

(Aug. 22, 2006) (Whirlpool); 75 Fed. 

Reg. 57,915 (Sept. 23, 2010) (GE); Id. at 

57,937 (Sept. 23, 2010) (Samsung); Id. at 

71,680 (Nov. 24, 2010) (LG). In each 

case, the Department set forth an 

alternative ‘‘test procedure’’ to be used 

for the models covered by the waiver, 

which is simply an alternative table 

with extrapolated test load values for a 

container volume capacity up to 6 cubic 

feet. Further, the Department recently 

published notice of its ‘‘Decision and 

Order Granting a Waiver to Whirlpool’’ 

from the DOE’s residential clothes 

washer test procedure. See 75 Fed. Reg. 

69, 653 (Nov. 15, 2010) (‘‘Decision and 

Order’’). 

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; 


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81262 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

2All Electrolux 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. 

RIN 1904–AB90, at Appendix B— 

AHAM Proposed Changes to J1 Table 

5.1 (Oct. 2, 2009). AHAM provided 

calculations in its comments to 

extrapolate Table 5.1 to larger container 

volumes. The DOE has since issued a 

Notice of Proposed Rulemaking (NOPR) 

proposing to amend the DOE test 

procedure to adopt the AHAM proposed 

Table 5.1. 75 Fed Reg. 57,556 (Sept. 21, 

2010). As DOE recognizes, it is in the 

public interest to have similar products 

tested and rated for energy consumption 

on a comparable basis. Id. at 69,654. 

DOE’s NOPR and November 15, 2010 

Decision and Order granting the 

Whirlpool waiver used a slightly 

different conversion factor than those 

set forth in some initial applications for 

waivers. See Id. at 69,655. The 

differences are due to slight differences 

in the conversion factor used to convert 

pounds to kilograms. Id. Electrolux 

requests that DOE grant a waiver for 

testing and rating based on the revised 

Table 5.1 attached hereto in Appendix 

1 (this is the Table 5.1 used by DOE in 

the NOPR), and applied to its testing 

and rating of basic models specified 

above.2 The waiver should continue 

until DOE adopts an applicable 

amended test procedure. 

II. Application for Interim Waiver 

Electrolux also requests an interim 

waiver for its testing and rating of the 

foregoing basic models manufactured 

after the grant of the interim waiver. The 

petition for waiver is likely to be 

granted, as evidenced not only by its 

merits, but also because DOE has 

granted interim waivers to other 

manufacturers (Whirlpool, GE, 

Samsung, and LG), a permanent waiver 

to Whirlpool, and has proposed a 

corresponding amendment to its test 

procedure. 

Further, 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. 

See 10 C.F.R. § 430.27(g). Electrolux will 

experience economic hardship if this 

waiver is not granted, since waivers and 

interim waivers have been granted to 

competitors. In addition, public policy 

considerations require that this waiver 

be granted. As the Department noted in 

recently granting LG’s interim waiver 

request, ‘‘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.’’ 75 Fed. 

Reg. at 71,682. A grant of an interim 

waiver for Electrolux is also 

appropriate. 

We would be pleased to discuss this 

request with DOE and provide further 

information as needed. Electrolux will 

notify all manufacturers of domestically 

marketed units of the same product 

type, as set forth in Appendix 2, as 

required by the Department’s rules, and 

provide them with a version of this 

Petition for Waiver and Application for 

Interim Waiver. 

Sincerely, 

Sheila A. Millar 

Enclosures 

cc: Michael Raymond 

Bryan Berringer 

Appendix 1 

REVISED TABLE 5.1—TEST LOAD SIZES

Container volume Minimum load Maximum load Average load 

cu. ft. 

liter 

lb kg lb kg lb 

< < 

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 2.9 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 6.4 8.55 3.88 

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


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81263 

REVISED TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. 

liter 

lb kg lb kg lb 

< < 

3.60–3.70 101.9–104.8 3.00 1.36 15.00 6.8 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 

Appendix 2 

Philip Manthei, Senior Staff Engineer, 

Agency and Codes Approval, Alliance 

Laundry Systems LLC, 221 Shepard 

Street, Ripon, WI 54971. 

Michael L. Baroni, General Counsel, 

BSH Home Appliances Corporation, 

5551 McFadden Avenue, Huntington 

Beach, CA 92649. 

John Taylor, Vice President, 

Government Relations and 

Communications, LG Electronics 

U.S.A., Inc., 1776 K Street, NW., 

Washington, DC 20006. 

Bryce Wells, Marketing Manager, Fisher 

& Paykel Appliances, 27 Hubble 

Street, Irvine, CA 92618–4209. 

Earl F. Jones, Senior Counsel— 

Government Relations, GE Consumer 

& Industrial, Appliance Park, AP2– 

225, Louisville, KY 40225. 

Shariff Kan, President, White Goods 

Group, Haier America, 1356 

Broadway, New York, NY 10018. 

[FR Doc. 2010–32436 Filed 12–23–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP11–45–000] 

Transcontinental Gas Pipe Line 

Company, LLC; Notice of Application 

December 17, 2010. 

Take notice that on December 6, 2010, 

Transcontinental Gas Pipe Line 

Company, LLC (Transco), PO Box 1396, 

Houston, Texas 77251, filed in the 

above referenced docket an application 

pursuant to section 7(b) of the Natural 

Gas Act (NGA) requesting authorization 

to partially abandon storage 

deliverability at the Washington Storage 

Field in St. Landry Parish, Louisiana. 

Transco states that, subsequent to 

Commission approval of the proposed 

abandonment, Transco and its Rate 

Schedule WSS–Open Access customers 

will execute amendments to the 

applicable service agreements to reflect 

the revised Storage Demand Quantities, 

all as more fully set forth in the 

application which is on file with the 

Commission and open to public 

inspection. The filing is available for 

review at the Commission in the Public 

Reference Room or may be viewed on 

the Commission’s Web site web at 

http://www.ferc.gov using the ‘‘eLibrary’’ 

link. Enter the docket number excluding 

the last three digits in the docket 

number field to access the document. 

For assistance, contact FERC at FERC

OnlineSupport@ferc.gov or call toll-free, 

(886) 208–3676 or TTY, (202) 502–8659. 

Any questions concerning this 

application may be directed to Ingrid 

Germany, Staff Regulatory Analyst, 

Transcontinental Gas Pipe Line 

Company, LLC, PO Box 1396, Houston, 

Texas 77251–1396 at (713) 215–4015. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the comment date 

stated below file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

seven copies of filings made in the 

proceeding with the Commission and 

must mail a copy to the applicant and 

to every other party. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 


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