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[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81258-81263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32436]

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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.

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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.
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    \1\ For editorial reasons, on codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    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 semi-automatic 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

[[Page 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 
ft\3\. 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.
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

[[Page 81260]]

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.                                       lb
---------------------------------------      liter     ----------------       kg              lb              kg              lb              lb
                 >= = 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

[[Page 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. Sec.  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[supreg], Frigidaire[supreg], and the 
following OEM brands: Kenmore[supreg].
    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;

[[Page 81262]]

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.
---------------------------------------------------------------------------

    \2\ All 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.
---------------------------------------------------------------------------

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. Sec.  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
-------------------------------------------------------------------------------------------------------------------------------------------------------------
                                   liter
     cu. ft.      --------------------------------------         lb                 kg                 lb                 kg                 lb
                           pre>
```