Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Whirlpool Corporation From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure (Case No. RF-008), 20695-20697 [E9-10321]
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–008]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Whirlpool
Corporation From the Department of
Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedure
(Case No. RF–008)
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
SUMMARY: DOE gives notice of the
Decision and Order (Case No. RF–008)
that grants to the Whirlpool Corporation
(Whirlpool) a Waiver from the DOE
electric refrigerator and refrigeratorfreezer test procedure, for its product
line containing relative humidity
sensors and adaptive control anti-sweat
heaters. Under today’s Decision and
Order, Whirlpool shall be required to
test and rate its refrigerator-freezers with
adaptive control anti-sweat heaters
according to an alternate test procedure
that takes this technology into account
when measuring energy consumption.
DATES: This Decision and Order is
effective May 5, 2009, and will remain
in effect until the effective date of a DOE
final rule prescribing an amended test
procedure appropriate for the model
series of Whirlpool refrigerator-freezers
covered by this waiver.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611, E-mail:
AS_Waiver_Requests@ee.doe.gov.
Francine Pinto, or Michael Kido, U.S.
Department of Energy, Office of General
Counsel, Mail Stop GC–72, 1000
Independence Avenue, SW.,
Washington, DC 20585–0103, (202) 586–
9507; E-mail:
Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
In
accordance with 10 CFR 430.27(l), DOE
gives notice of the issuance of its
Decision and Order as set forth below.
The Decision and Order grants
Whirlpool a Waiver from the applicable
residential refrigerator and refrigeratorfreezer test procedures, at 10 CFR Part
430 subpart B, appendix A1, for its
product line of refrigerator-freezers with
relative humidity sensors and adaptive
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
23:12 May 04, 2009
Jkt 217001
control anti-sweat heaters, provided that
Whirlpool tests and rates such products
using the alternate test procedure
described in this notice. Today’s
decision prohibits Whirlpool from
making representations concerning the
energy efficiency of these products
unless such product has been tested in
accordance with the DOE test
procedure, consistent with the
provisions and restrictions in the
alternate test procedure set forth in the
Decision and Order below, and such
representation fairly discloses the
results of such testing.1 (42 U.S.C.
6293(c))
Issued in Washington, DC, on April 21,
2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy
Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Whirlpool
Corporation. (Case No. RF–008).
Background
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency. Part A 2 of Title III provides
for the ‘‘Energy Conservation Program
for Consumer Products Other Than
Automobiles.’’ (42 U.S.C. 6291–6309)
Part A includes definitions, test
procedures, labeling provisions, energy
conservation standards, and the
authority to require information and
reports from manufacturers. Further,
Part A 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))
Today’s notice involves residential
products under Part A. Relevant to the
current Petition for Waiver, the test
procedure for residential electric
refrigerator-freezers is contained in 10
CFR part 430, subpart B, Appendix A1.
DOE’s regulations contain provisions
allowing a person to seek a waiver from
the test procedure requirements for
covered consumer products, when the
petitioner’s basic model contains one or
more design characteristics that prevent
testing according to the prescribed test
procedure, or when they may evaluate
1 Consistent with the statute, distributors,
retailers, and private labelers are held to the same
standard when making representations regarding
the energy efficiency of these products. (42 U.S.C.
6293(c)).
2 This part was originally titled Part B but it was
redesignated Part A in the United States Code for
editorial reasons.
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Fmt 4703
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20695
the basic model in a manner so
unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data. 10 CFR 430.27(a)(1).
Petitioners must include in their
petition any alternate test procedures
known to evaluate the basic model in a
manner representative of its energy
consumption characteristics. 10 CFR
430.27(b)(1)(iii).
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l). In general, a waiver
will remain in effect until final test
procedure amendments that resolve the
problem that is the subject of the waiver
become effective. 10 CFR 430.27(m).
The waiver process also allows any
interested person who has submitted a
Petition for Waiver to file an
Application for Interim Waiver of the
applicable test procedure requirements.
10 CFR 430.27(a)(2). The Assistant
Secretary will grant an Interim Waiver
request if it is determined that the
applicant will experience economic
hardship if the Interim Waiver is
denied, if it appears likely that the
Petition for Waiver will be granted, and/
or the Assistant Secretary determines
that it would be desirable for public
policy reasons to grant immediate relief
pending a determination on the Petition
for Waiver. 10 CFR 430.27(g).
On January 8, 2008, Whirlpool filed a
Petition for Waiver from the test
procedures which are applicable to its
product line of refrigerator-freezers with
relative humidity sensors and adaptive
control anti-sweat heaters. The
applicable test procedures are contained
in 10 CFR Part 430, subpart B, appendix
A1—Uniform Test Method for
Measuring the Energy Consumption of
Electric Refrigerators and Electric
Refrigerator-Freezers. Because the
existing test procedure under 10 CFR
Part 430 takes neither ambient humidity
nor adaptive technology into account, it
does not accurately measure the energy
consumption of Whirlpool’s new
refrigerator-freezers that feature
humidity sensors and adaptive control
anti-sweat heaters. Consequently,
Whirlpool has submitted an alternate
test to DOE for approval to ensure that
it is correctly calculating the energy
consumption of this new product line.
On July 10, 2008, DOE published
Whirlpool’s Petition for Waiver. 73 FR
39684. DOE did not receive any
comments on the Whirlpool petition.
E:\FR\FM\05MYN1.SGM
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20696
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
staff did not have any objections to
granting a waiver to Whirlpool.
Assertions and Determinations
Whirlpool’s Petition for Waiver
On January 8, 2008, Whirlpool filed a
Petition for Waiver from the test
procedure applicable to residential
electric refrigerators and refrigeratorfreezers set forth in 10 CFR Part 430,
Subpart B, Appendix A1, and
subsequently modified its petition in
April 2008.3 Whirlpool filed its petition
because it is designing new refrigerators
and refrigerator-freezers that contain
variable anti-sweat heater controls that
detect a broad range of temperature and
humidity conditions, and respond by
activating adaptive heaters, as needed,
to evaporate excess moisture. According
to the petitioner, Whirlpool’s
technology is similar to that used by
General Electric Company (GE) for its
refrigerator-freezers, which were the
subject of a Decision and Order
published February 27, 2008. 73 FR
10425. Whirlpool seeks a waiver from
the existing DOE test procedure
applicable to refrigerators and
refrigerator-freezers under 10 CFR Part
430 because it takes neither ambient
humidity nor adaptive technology into
account. Whirlpool stated that the DOE
test procedure does not accurately
measure the energy consumption of
Whirlpool’s new refrigerators and
refrigerator-freezers that feature variable
anti-sweat heater controls and adaptive
heaters. Consequently, Whirlpool has
submitted for DOE approval an alternate
test procedure that would allow it to
correctly calculate the energy
consumption of this new product line.
Whirlpool requested that it be
permitted to use an alternate test
procedure that is the same as that DOE
prescribed for GE refrigerators and
refrigerator-freezers that are equipped
with a similar technology. The alternate
test procedure applicable to the
Whirlpool and GE products simulates
the energy used by the adaptive heaters
in a typical consumer household, as
explained in the GE Decision and Order
referenced above. As DOE has stated in
the past, it is in the public interest to
have similar products tested and rated
for energy consumption on a
comparable basis.
Conclusion
After careful consideration of all the
material that was submitted by
Whirlpool and consultation with the
FTC staff, it is ordered that:
(1) The ‘‘Petition for Waiver’’
submitted by Whirlpool Corporation
(Case No. RF–008) is hereby granted as
set forth in the paragraphs below.
(2) Whirlpool shall not be required to
test or rate the following Whirlpool
models 4 on the basis of the current test
procedures contained in 10 CFR Part
430, Subpart B, Appendix A1, but shall
be required to test and rate such
products according to the alternate test
procedure as set forth in paragraph (3)
below:
MFI2569VE*
JFI2089A**
JFI2589A**
MFI2266AE*
MFI2067AE*
MFI2568AE*
596.7753*
AFI2538AE*
JF42REF**B0*
JF42PPF**B0*
JF42SEF**B0*
JF42CXF**B0*
KBFC42FS*0*
KBFO42FS*0*
KBFC42FT*0*
KBFO42FT*0*
MBF1956KE*
KBFS20ET*
KBFA20ER*
MBF2256KE*
MBF1956KE*
(3) Whirlpool shall be required to test
the products listed in paragraph (2)
above according to the test procedures
for electric refrigerator-freezers
prescribed by DOE at 10 CFR Part 430,
Appendix A1, except that, for the
Whirlpool products listed in paragraph
(2) only:
(A) The following definition is added
at the end of Section 1:
1.13 ‘‘Variable anti-sweat heater control’’
means an anti-sweat heater where power
supplied to the device is determined by an
operating condition variable(s) and/or
ambient condition variable(s).
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Whirlpool Petition for waiver. The FTC
(B) Section 2.2 is revised to read as
follows:
2.2 Operational conditions. The electric
refrigerator or electric refrigerator-freezer
3 Whirlpool
submitted a modified petition on
April 30, 2008, which was amended solely to set
forth the specific models for which the company is
seeking a waiver. DOE is publishing Whirlpool’s
Petition for Waiver, as amended, for public
comment.
VerDate Nov<24>2008
23:12 May 04, 2009
Jkt 217001
4 Whirlpool stated in its petition: ‘‘The following
bottom mounted freezer models with French doors
are representative of similar models that will utilize
this technology. These particular models do not use
this technology at this time but as they are
upgraded to add new features, or reach new energy
levels this technology will be included.’’
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shall be installed and its operating conditions
maintained in accordance with HRF–1–1979,
section 7.2 through section 7.4.3.3. except
that the vertical ambient temperature
gradient at locations 10 inches (25.4 cm) out
from the centers of the two sides of the unit
being tested is to be maintained during the
test. Unless shields or baffles obstruct the
area, the gradient is to be maintained from 2
inches (5.1 cm) above the floor or supporting
platform to a height one foot (30.5 cm) above
the unit under test. Defrost controls are to be
operative. The anti-sweat heater switch is to
be ‘‘off’’ during one test and ‘‘on’’ during the
second test. In the case of an electric
refrigerator-freezer equipped with variable
anti-sweat heater control, the ‘‘on’’ test will
be the result of the calculation described in
6.2.3. Other exceptions are noted in 2.3, 2.4,
and 5.1 below.
(C) New section 6.2.3 is inserted after
section 6.2.2.2.
6.2.3 Variable anti-sweat heater control
test. The energy consumption of an electric
refrigerator-freezer with a variable anti-sweat
heater control in the ‘‘on’’ position (Eon),
expressed in kilowatt-hours per day, shall be
calculated equivalent to:
EON = E + (Heater Contribution)
Where E is determined by 6.2.1.1, 6.2.1.2,
6.2.2.1, or 6.2.2.2, whichever is appropriate,
with the anti-sweat heater switch in the ‘‘off’’
position.
Heater Contribution = (Anti-sweat Heater
Power × System-loss Factor) × (24 hrs/1
day) ×(1 kW/1000 W)
Where:
Anti-sweat Heater Power = A1 * (Heater
Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)
Where A1–A10 are from the following table:
A1
A2
A3
A4
A5
=
=
=
=
=
0.034
0.211
0.204
0.166
0.126
A6 = 0.119
A7 = 0.069
A8 = 0.047
A9 = 0.008
A10 = 0.015
Heater Watts at a specific relative humidity
= the nominal watts used by all heaters at
that specific relative humidity, 72 °F
ambient, and DOE reference temperatures of
fresh food (FF) average temperature of 45 °F
and freezer (FZ) average temperature of 5 °F.
System-loss Factor = 1.3
(4) Representations. Whirlpool may
make representations about the energy
use of its adaptive control anti-sweat
heater refrigerator-freezer 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
E:\FR\FM\05MYN1.SGM
05MYN1
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
[Project No. 12589–001—CO]
inspection. The EA may also be viewed
on the Commission’s Web site at
https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access
documents. For assistance, contact
FERC Online Support at
FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY,
(202) 502–8659.
You may also register online at
https://www.ferc.gov/docs-filing/
esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects.
For assistance, contact FERC Online
Support.
Comments on the EA should be filed
within 30 days from the issuance date
of this notice, and should be addressed
to the Secretary, Federal Energy
Regulatory Commission, 888 First
Street, NE., Room 1–A, Washington, DC
20426. Please affix ‘‘Tacoma
Hydroelectric Project No. 12589–001’’ to
all comments. Comments may be filed
electronically via the Internet in lieu of
paper. The Commission strongly
encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site under the ‘‘eFiling’’ link. For further
information, contact David Turner at
(202) 502–6091.
Public Service Company of Colorado;
Notice of Availability of Draft
Environmental Assessment
Kimberly D. Bose,
Secretary.
[FR Doc. E9–10252 Filed 5–4–09; 8:45 am]
April 28, 2009.
BILLING CODE 6717–01–P
such representations fairly disclose the
results of such testing.
(5) This waiver shall remain in effect
from the date this Decision and Order is
issued until DOE prescribes final test
procedures appropriate to the above
model series manufactured by
Whirlpool.
(6) This waiver is conditioned upon
the presumed validity of statements,
representations, and documentary
materials provided by the petitioner.
This waiver may be revoked or modified
at any time upon a determination that
the factual basis underlying the Petition
for Waiver is incorrect, or DOE
determines that the results from the
alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
Issued in Washington, DC, on April 21,
2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy
Efficiency and Renewable Energy.
[FR Doc. E9–10321 Filed 5–4–09; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
In accordance with the National
Environmental Policy Act of 1969, as
amended, and the Federal Energy
Regulatory Commission’s (Commission
or FERC) regulations, 18 CFR part 380
(Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the
application for a new major license for
the Tacoma Hydroelectric Project (FERC
No. 12589), located on Cascade, Little
Cascade and Elbert Creeks in San Juan
and La Plata Counties, Colorado. The
project currently occupies, in part, 233.4
acres of Federal land in the San Juan
National Forest administered by the
U.S. Forest Service.
Staff prepared a draft environmental
assessment (EA) that analyzes the
probable environmental effects of
relicensing the project and concludes
that relicensing the project, with
appropriate staff-recommended
environmental measures, would not
constitute a major Federal action
significantly affecting the quality of the
human environment.
A copy of the EA is on file with the
Commission and is available for public
VerDate Nov<24>2008
23:12 May 04, 2009
Jkt 217001
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER09–1028–000]
20697
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is May 18,
2009.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with Internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
should submit an original and 14 copies
of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First St., NE., Washington, DC
20426.
The filings in the above-referenced
proceeding are accessible in the
Commission’s eLibrary system by
clicking on the appropriate link in the
above list. They are also available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an eSubscription link on the
Web site that enables subscribers to
receive e-mail notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Coventa Hempstead Company;
Supplemental Notice That Initial
Market-Based Rate Filing Includes
Request for Blanket Section 204
Authorization
Kimberly D. Bose,
Secretary.
[FR Doc. E9–10251 Filed 5–4–09; 8:45 am]
April 28, 2009.
DEPARTMENT OF ENERGY
This is a supplemental notice in the
above-referenced proceeding of Coventa
Hempstead Company’s application for
market-based rate authority, with an
accompanying rate tariff, noting that
such application includes a request for
blanket authorization, under 18 CFR
part 34, of future issuances of securities
and assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
in accordance with Rules 211 and 214
PO 00000
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BILLING CODE 6717–01–P
Western Area Power Administration
Post-2010 Resource Pool, Pick-Sloan
Missouri Basin Program—Eastern
Division
AGENCY: Western Area Power
Administration, DOE.
ACTION: Notice of Final Procedures.
SUMMARY: Western Area Power
Administration (Western), Upper Great
Plains Region, a Federal power
marketing agency of the Department of
E:\FR\FM\05MYN1.SGM
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Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20695-20697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10321]
[[Page 20695]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-008]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Whirlpool Corporation From the Department of
Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure
(Case No. RF-008)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
-----------------------------------------------------------------------
SUMMARY: DOE gives notice of the Decision and Order (Case No. RF-008)
that grants to the Whirlpool Corporation (Whirlpool) a Waiver from the
DOE electric refrigerator and refrigerator-freezer test procedure, for
its product line containing relative humidity sensors and adaptive
control anti-sweat heaters. Under today's Decision and Order, Whirlpool
shall be required to test and rate its refrigerator-freezers with
adaptive control anti-sweat heaters according to an alternate test
procedure that takes this technology into account when measuring energy
consumption.
DATES: This Decision and Order is effective May 5, 2009, and will
remain in effect until the effective date of a DOE final rule
prescribing an amended test procedure appropriate for the model series
of Whirlpool refrigerator-freezers covered by this waiver.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mailstop EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202) 586-9611, E-mail: AS_Waiver_Requests@ee.doe.gov. Francine
Pinto, or Michael Kido, U.S. Department of Energy, Office of General
Counsel, Mail Stop GC-72, 1000 Independence Avenue, SW., Washington, DC
20585-0103, (202) 586-9507; E-mail: Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), DOE
gives notice of the issuance of its Decision and Order as set forth
below. The Decision and Order grants Whirlpool a Waiver from the
applicable residential refrigerator and refrigerator-freezer test
procedures, at 10 CFR Part 430 subpart B, appendix A1, for its product
line of refrigerator-freezers with relative humidity sensors and
adaptive control anti-sweat heaters, provided that Whirlpool tests and
rates such products using the alternate test procedure described in
this notice. Today's decision prohibits Whirlpool from making
representations concerning the energy efficiency of these products
unless such product has been tested in accordance with the DOE test
procedure, consistent with the provisions and restrictions in the
alternate test procedure set forth in the Decision and Order below, and
such representation fairly discloses the results of such testing.\1\
(42 U.S.C. 6293(c))
---------------------------------------------------------------------------
\1\ Consistent with the statute, distributors, retailers, and
private labelers are held to the same standard when making
representations regarding the energy efficiency of these products.
(42 U.S.C. 6293(c)).
Issued in Washington, DC, on April 21, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Whirlpool Corporation. (Case No. RF-008).
Background
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency. Part A \2\
of Title III provides for the ``Energy Conservation Program for
Consumer Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) Part
A includes definitions, test procedures, labeling provisions, energy
conservation standards, and the authority to require information and
reports from manufacturers. Further, Part A 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))
---------------------------------------------------------------------------
\2\ This part was originally titled Part B but it was
redesignated Part A in the United States Code for editorial reasons.
---------------------------------------------------------------------------
Today's notice involves residential products under Part A. Relevant
to the current Petition for Waiver, the test procedure for residential
electric refrigerator-freezers is contained in 10 CFR part 430, subpart
B, Appendix A1.
DOE's regulations contain provisions allowing a person to seek a
waiver from the test procedure requirements for covered consumer
products, when the petitioner's basic model contains one or more design
characteristics that prevent testing according to the prescribed test
procedure, or when they may evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).
Petitioners must include in their petition any alternate test
procedures known to evaluate the basic model in a manner representative
of its energy consumption characteristics. 10 CFR 430.27(b)(1)(iii).
The Assistant Secretary for Energy Efficiency and Renewable Energy
(the Assistant Secretary) may grant a waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(l). In
general, a waiver will remain in effect until final test procedure
amendments that resolve the problem that is the subject of the waiver
become effective. 10 CFR 430.27(m).
The waiver process also allows any interested person who has
submitted a Petition for Waiver to file an Application for Interim
Waiver of the applicable test procedure requirements. 10 CFR
430.27(a)(2). The Assistant Secretary will grant an Interim Waiver
request if it is determined that the applicant will experience economic
hardship if the Interim Waiver is denied, if it appears likely that the
Petition for Waiver will be granted, and/or the Assistant Secretary
determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination on the Petition for
Waiver. 10 CFR 430.27(g).
On January 8, 2008, Whirlpool filed a Petition for Waiver from the
test procedures which are applicable to its product line of
refrigerator-freezers with relative humidity sensors and adaptive
control anti-sweat heaters. The applicable test procedures are
contained in 10 CFR Part 430, subpart B, appendix A1--Uniform Test
Method for Measuring the Energy Consumption of Electric Refrigerators
and Electric Refrigerator-Freezers. Because the existing test procedure
under 10 CFR Part 430 takes neither ambient humidity nor adaptive
technology into account, it does not accurately measure the energy
consumption of Whirlpool's new refrigerator-freezers that feature
humidity sensors and adaptive control anti-sweat heaters. Consequently,
Whirlpool has submitted an alternate test to DOE for approval to ensure
that it is correctly calculating the energy consumption of this new
product line.
On July 10, 2008, DOE published Whirlpool's Petition for Waiver. 73
FR 39684. DOE did not receive any comments on the Whirlpool petition.
[[Page 20696]]
Assertions and Determinations
Whirlpool's Petition for Waiver
On January 8, 2008, Whirlpool filed a Petition for Waiver from the
test procedure applicable to residential electric refrigerators and
refrigerator-freezers set forth in 10 CFR Part 430, Subpart B, Appendix
A1, and subsequently modified its petition in April 2008.\3\ Whirlpool
filed its petition because it is designing new refrigerators and
refrigerator-freezers that contain variable anti-sweat heater controls
that detect a broad range of temperature and humidity conditions, and
respond by activating adaptive heaters, as needed, to evaporate excess
moisture. According to the petitioner, Whirlpool's technology is
similar to that used by General Electric Company (GE) for its
refrigerator-freezers, which were the subject of a Decision and Order
published February 27, 2008. 73 FR 10425. Whirlpool seeks a waiver from
the existing DOE test procedure applicable to refrigerators and
refrigerator-freezers under 10 CFR Part 430 because it takes neither
ambient humidity nor adaptive technology into account. Whirlpool stated
that the DOE test procedure does not accurately measure the energy
consumption of Whirlpool's new refrigerators and refrigerator-freezers
that feature variable anti-sweat heater controls and adaptive heaters.
Consequently, Whirlpool has submitted for DOE approval an alternate
test procedure that would allow it to correctly calculate the energy
consumption of this new product line.
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\3\ Whirlpool submitted a modified petition on April 30, 2008,
which was amended solely to set forth the specific models for which
the company is seeking a waiver. DOE is publishing Whirlpool's
Petition for Waiver, as amended, for public comment.
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Whirlpool requested that it be permitted to use an alternate test
procedure that is the same as that DOE prescribed for GE refrigerators
and refrigerator-freezers that are equipped with a similar technology.
The alternate test procedure applicable to the Whirlpool and GE
products simulates the energy used by the adaptive heaters in a typical
consumer household, as explained in the GE Decision and Order
referenced above. As DOE has stated in the past, it is in the public
interest to have similar products tested and rated for energy
consumption on a comparable basis.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Whirlpool Petition for waiver. The FTC staff did not
have any objections to granting a waiver to Whirlpool.
Conclusion
After careful consideration of all the material that was submitted
by Whirlpool and consultation with the FTC staff, it is ordered that:
(1) The ``Petition for Waiver'' submitted by Whirlpool Corporation
(Case No. RF-008) is hereby granted as set forth in the paragraphs
below.
(2) Whirlpool shall not be required to test or rate the following
Whirlpool models \4\ on the basis of the current test procedures
contained in 10 CFR Part 430, Subpart B, Appendix A1, but shall be
required to test and rate such products according to the alternate test
procedure as set forth in paragraph (3) below:
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\4\ Whirlpool stated in its petition: ``The following bottom
mounted freezer models with French doors are representative of
similar models that will utilize this technology. These particular
models do not use this technology at this time but as they are
upgraded to add new features, or reach new energy levels this
technology will be included.''
MFI2569VE*
JFI2089A**
JFI2589A**
MFI2266AE*
MFI2067AE*
MFI2568AE*
596.7753*
AFI2538AE*
JF42REF**B0*
JF42PPF**B0*
JF42SEF**B0*
JF42CXF**B0*
KBFC42FS*0*
KBFO42FS*0*
KBFC42FT*0*
KBFO42FT*0*
MBF1956KE*
KBFS20ET*
KBFA20ER*
MBF2256KE*
MBF1956KE*
(3) Whirlpool shall be required to test the products listed in
paragraph (2) above according to the test procedures for electric
refrigerator-freezers prescribed by DOE at 10 CFR Part 430, Appendix
A1, except that, for the Whirlpool products listed in paragraph (2)
only:
(A) The following definition is added at the end of Section 1:
1.13 ``Variable anti-sweat heater control'' means an anti-sweat
heater where power supplied to the device is determined by an
operating condition variable(s) and/or ambient condition
variable(s).
(B) Section 2.2 is revised to read as follows:
2.2 Operational conditions. The electric refrigerator or
electric refrigerator-freezer shall be installed and its operating
conditions maintained in accordance with HRF-1-1979, section 7.2
through section 7.4.3.3. except that the vertical ambient
temperature gradient at locations 10 inches (25.4 cm) out from the
centers of the two sides of the unit being tested is to be
maintained during the test. Unless shields or baffles obstruct the
area, the gradient is to be maintained from 2 inches (5.1 cm) above
the floor or supporting platform to a height one foot (30.5 cm)
above the unit under test. Defrost controls are to be operative. The
anti-sweat heater switch is to be ``off'' during one test and ``on''
during the second test. In the case of an electric refrigerator-
freezer equipped with variable anti-sweat heater control, the ``on''
test will be the result of the calculation described in 6.2.3. Other
exceptions are noted in 2.3, 2.4, and 5.1 below.
(C) New section 6.2.3 is inserted after section 6.2.2.2.
6.2.3 Variable anti-sweat heater control test. The energy
consumption of an electric refrigerator-freezer with a variable
anti-sweat heater control in the ``on'' position (Eon),
expressed in kilowatt-hours per day, shall be calculated equivalent
to:
EON = E + (Heater Contribution)
Where E is determined by 6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2,
whichever is appropriate, with the anti-sweat heater switch in the
``off'' position.
Heater Contribution = (Anti-sweat Heater Power x System-loss Factor)
x (24 hrs/1 day) x(1 kW/1000 W)
Where:
Anti-sweat Heater Power = A1 * (Heater Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)
Where A1-A10 are from the following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
A1 = 0.034 A6 = 0.119
A2 = 0.211 A7 = 0.069
A3 = 0.204 A8 = 0.047
A4 = 0.166 A9 = 0.008
A5 = 0.126 A10 = 0.015
------------------------------------------------------------------------
Heater Watts at a specific relative humidity = the nominal watts
used by all heaters at that specific relative humidity, 72 [deg]F
ambient, and DOE reference temperatures of fresh food (FF) average
temperature of 45 [deg]F and freezer (FZ) average temperature of 5
[deg]F.
System-loss Factor = 1.3
(4) Representations. Whirlpool may make representations about the
energy use of its adaptive control anti-sweat heater refrigerator-
freezer 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
[[Page 20697]]
such representations fairly disclose the results of such testing.
(5) This waiver shall remain in effect from the date this Decision
and Order is issued until DOE prescribes final test procedures
appropriate to the above model series manufactured by Whirlpool.
(6) This waiver is conditioned upon the presumed validity of
statements, representations, and documentary materials provided by the
petitioner. This waiver may be revoked or modified at any time upon a
determination that the factual basis underlying the Petition for Waiver
is incorrect, or DOE determines that the results from the alternate
test procedure are unrepresentative of the basic models' true energy
consumption characteristics.
Issued in Washington, DC, on April 21, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable
Energy.
[FR Doc. E9-10321 Filed 5-4-09; 8:45 am]
BILLING CODE 6450-01-P