Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Notice of Granting the Application for Interim Waiver of Electrolux From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 26853-26858 [E9-12912]
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Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices
Kimberly D. Bose,
Secretary.
[FR Doc. E9–13002 Filed 6–3–09; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–009]
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver and Notice of
Granting the Application for Interim
Waiver of Electrolux From the
Department of Energy Residential
Refrigerator and Refrigerator-Freezer
Test Procedures
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver,
Notice of Granting Application for
Interim Waiver, and request for public
comments.
This notice announces receipt
of and publishes the Electrolux Home
Products, Inc. (Electrolux) Petition for
Waiver (hereafter, ‘‘Petition’’) from parts
of the Department of Energy (DOE) test
procedure for determining the energy
consumption of electric refrigerators
and refrigerator-freezers. The waiver
request pertains to Electrolux’s specified
French door bottom-mount residential
refrigerators and refrigerator-freezers, a
product line that utilizes a control logic
that changes the wattage of the antisweat heaters based upon the ambient
relative humidity conditions in order to
prevent condensation. The existing test
procedure does not take humidity or
adaptive control technology into
account. Therefore, Electrolux has
suggested an alternate test procedure
that takes adaptive control technology
into account when measuring energy
consumption. DOE is soliciting
comments, data, and information
concerning Electrolux’s Petition and the
suggested alternate test procedure. DOE
is also publishing notice of its March 3,
2009 grant of an interim waiver to
Electrolux. Subsequently, DOE received
a request from Electrolux to expand the
scope of its interim waiver to four
additional products. DOE has decided to
grant this request.
DATES: DOE will accept comments, data,
and information with respect to
Electrolux’s Petition until, but no later
than July 6, 2009.
ADDRESSES: You may submit comments,
identified by case number [RF–009], by
any of the following methods:
SUMMARY:
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• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
AS_Waiver_Requests@ee.doe.gov.
Include either the case number [RF–
009], and/or ‘‘Electrolux Petition’’ in the
subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Petition for Waiver Case No. RF–008,
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.
Instructions: All submissions received
must 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
Exchange (ASCII)) file format. Avoid the
use of special characters or any form of
encryption. Wherever possible, include
the electronic signature of the author.
Absent an electronic signature,
comments submitted electronically
must be followed and authenticated by
submitting the signed original paper
document. DOE does not accept
telefacsimiles (faxes).
Pursuant to section 430.27(b)(1)(iv) of
10 CFR Part 430, any person submitting
written comments must also send a
copy of the comments to the petitioner.
The contact information for the
petitioner is: Ms. Sheila A. Millar,
Keller and Heckman, LLP, 1001 G
Street, NW., Washington, DC 20001.
Telephone: (202) 434–4100. E-mail:
millar@khlaw.com.
Under 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: 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.
Docket: For access to the docket to
review the 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) 586–9127,
PO 00000
Frm 00023
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26853
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Ms. Brenda Edwards at (202)
586–2945 for additional information
regarding visiting the Resource Room.
Please note that the DOE’s Freedom of
Information Reading Room (formerly
Room 1E–190 in the Forrestal Building)
is no longer housing rulemaking
materials.
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, (202) 586–
9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Michael
Kido, U.S. Department of Energy, Office
of the General Counsel, Mailstop GC–72,
1000 Independence Avenue, SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–9507. E-mail:
Francine.Pinto@hq.doe.gov or
Micael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (‘‘EPCA’’) sets forth a
variety of provisions concerning energy
efficiency. Part A1 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)) The test procedure for
residential refrigerators and refrigeratorfreezers is contained in 10 CFR Part 430,
Subpart B, Appendix A1.
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
1 This part was originally titled Part B; however,
it was redesignated Part A after Part B was repealed
by Public Law 109–58.
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Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices
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 Part
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. 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). In general, waivers remain in
effect until the effective date of a final
rule which prescribes amended test
procedures appropriate to the model
series manufactured by the petitioner,
thereby eliminating any need for the
continuation of the waiver. 10 CFR Part
430.27(m).
II. Petition for Waiver
On November 6, 2008, Electrolux 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. Electrolux 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, Electrolux’s
technology is similar to that used by
General Electric Company (GE) and
Whirlpool Corporation (Whirlpool) for
refrigerator-freezers which were the
subject of Petitions for Waiver
published April 17, 2007 and July 10,
2008, respectively. 72 FR 19189; 73 FR
39684. GE’s waiver was granted on
February 27, 2008. 73 FR 10425.
Electrolux 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. Therefore,
Electrolux stated that the test procedure
does not accurately measure the energy
consumption of Electrolux’s new
refrigerators and refrigerator-freezers
that feature variable anti-sweat heater
controls and adaptive heaters.
Consequently, Electrolux has submitted
to DOE for approval an alternate test
procedure that would allow it to
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correctly calculate the energy
consumption of this new product line.
Electrolux’s alternate test procedure is
essentially the same as that prescribed
for GE refrigerators and refrigeratorfreezers (and petitioned for by
Whirlpool) that are equipped with the
same type of technology. The alternate
test procedure applicable to the GE
products simulates the energy used by
the adaptive heaters in a typical
consumer household, as explained in
the Decision and Order which DOE
published in the Federal Register on
February 27, 2008. 73 FR 10425. As
DOE has stated in the past, it is in the
public interest to have similar products
tested and rated for energy consumption
on a comparable basis.
III. Application for Interim Waiver
The Electrolux Petition also requests
an Interim Waiver. 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))
In view of the above, Electrolux’s
Application for Interim Waiver does not
provide sufficient information to permit
DOE to evaluate the economic hardship
Electrolux might experience absent a
favorable determination on its
Application for Interim Waiver. Public
policy would tend to favor granting
Electrolux an Interim Waiver, pending
determination of the Petition for Waiver.
On February 27, 2008, DOE granted the
General Electric Company (GE) a waiver
from the refrigerator-freezer test
procedure because it takes neither
ambient humidity nor adaptive
technology into account. 73 FR 10425.
The test procedure would not accurately
represent the energy consumption of
refrigerator-freezers containing relative
humidity sensors and adaptive control
anti-sweat heaters. This argument is
equally applicable to Electrolux, which
has products containing similar relative
humidity sensors and anti-sweat
heaters. Electrolux is seeking a very
similar waiver to the one DOE granted
to GE, with the same alternate test
procedure, and it is very likely
Electrolux’s Petition for Waiver will be
granted.
Therefore, in light of the recent
waiver to GE that DOE granted on
March 3, 2009, Electrolux’s application
for Interim Waiver from testing of its
refrigerator-freezer product line
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containing relative humidity sensors
and adaptive control anti-sweat heaters
is also granted. Electrolux subsequently
requested that DOE expand the Interim
Waiver to cover four additional
products. For the same reasons it
granted the interim waiver, DOE is
extending coverage of that waiver to
these additional products. This granting
of Interim Waiver may be modified at
any time upon a determination that the
factual basis underlying the application
is incorrect.
III. Alternate Test Procedure
Electrolux’s new line of refrigerators
and refrigerator-freezers contains
sensors that detect ambient humidity
and interact with controls that vary the
effective wattage of anti-sweat heaters to
evaporate excess moisture. The existing
DOE test procedure cannot be used to
calculate the energy consumption of
these features. The variable anti-sweat
heater contribution to the refrigerator’s
energy consumption is entirely
dependent on the ambient humidity of
the test chamber, which the DOE test
procedure does not specify. The energy
consumption of the anti-sweat heaters
will be modeled and added to the
energy consumption measured with the
anti-sweat heaters disabled. The antisweat contribution to the product’s total
energy consumption will be calculated
by the same methodology that was set
forth in the GE Petition. For units with
an energy saver switch, the energy test
results with and without the added
heater contribution would be averaged
to produce the final energy number for
the product. For those units that do not
include an energy saver switch, the final
energy number would be equal to the
test result of the heater-disabled test
plus the added heater contribution. The
objective of this approach is to simulate
the average energy used by the adaptive
anti-sweat heaters as activated in
refrigerators and refrigerator-freezers of
typical consumer households across the
United States.
To determine the conditions in a
typical consumer household, GE
compiled historical data on the monthly
average outdoor temperatures and
humidities for the top 50 metropolitan
areas of the U.S. over approximately the
last 30 years. In light of the similarity of
technologies at issue, Electrolux is using
the same data compiled by GE for its
determination of the anti-sweat heater
energy use. Like GE and Whirlpool,
Electrolux includes in its test procedure
a ‘‘system-loss factor’’ to calculate
system losses attributed to operating
anti-sweat heaters, controls, and related
components.
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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 applicable to
Electrolux’s new line of refrigerators
and refrigerator-freezers with variable
anti-sweat heater controls and adaptive
heaters. DOE is publishing 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 and
calculation methodology to determine
the energy consumption of Electrolux’s
specified refrigerators and refrigeratorfreezers with adaptive anti-sweat
heaters. DOE is interested in receiving
comments from interested parties on all
aspects of the Petition, including the
suggested alternate test procedure and
calculation methodology. Pursuant to 10
CFR 430.27(b)(1)(iv), any person
submitting written comments to DOE
must also send a copy of such
comments to the petitioner, whose
contact information is included in the
ADDRESSES section above.
Issued in Washington, DC, on May 27,
2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy
Efficiency and Renewable Energy.
November 5, 2008
Via Overnight Delivery
The Honorable John F. Mizroch,
Acting 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
Refrigerator and RefrigeratorFreezer Test Procedures by
Electrolux Home Products, Inc.
Dear Secretary Mizroch:
On behalf of our client, Electrolux
Home Products, Inc. (‘‘Electrolux’’), we
respectfully submits this Petition for
Waiver and Application for interim
Waiver requesting exemption by the
Department of Energy from certain parts
of the test procedure for determining
refrigerator-freezer energy consumption
under 10 CFR 430.27. The requested
waiver will allow Electrolux to test its
refrigerator-freezer to the amended
procedure set out by this petition.
This petition for waiver contains no
confidential business information and
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15:16 Jun 03, 2009
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may be released pursuant to Freedom of
Information Act requests.
I. Background
Electrolux seeks the Department’s
approval of this proposed amendment to
the refrigerator test procedure to be
assured of properly calculating the
energy consumption and properly
labeling its new refrigerator. Recently,
General Electric Corporation (‘‘GE’’) and
Electrolux Corporation (‘‘Electrolux’’)
each filed Petitions for Waiver to
establish a new methodology to
calculate the energy consumption of a
refrigerator-freezer when such a product
contains adaptive anti-sweat heaters.
Electrolux has developed its own
adaptive anti-sweat system that uses a
humidity sensor to operate the antisweat heaters. Electrolux could have
designed the system so that the antisweat heaters showed no impact during
energy testing. However, like GE and
Electrolux, Electrolux is following the
intent of the regulations to more
accurately represent the energy
consumed by the new refrigerator when
used in the home. Accordingly,
Electrolux is filing this Petition for
Waiver to appropriately modify the
relevant portions of the DOE
regulations.
The Department’s regulations provide
that the Assistant Secretary will grant a
petition for waiver upon ‘‘determination
that the basic model for which the
waiver was requested contains a design
characteristic which either prevents
testing of the basic model according to
the prescribed test procedures, or 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.’’ 1
Electrolux respectfully submits that
sufficient grounds exist for the Assistant
Secretary to grant this Petition on both
points. First, the refrigerator energy test
procedure does not allow the energy
used by Electrolux’s new refrigerator to
be accurately calculated. The new
refrigerator contains adaptive anti-sweat
heaters (i.e., anti-sweat heaters that
respond to humidity conditions found
in consumers’ homes). Since the test
conditions specified by the test
procedure neither define required
humidity conditions nor otherwise take
ambient humidity conditions into
account in calculating energy
consumption, the adaptive feature of
Electrolux’s new refrigerator cannot be
properly tested.
1 10
PO 00000
CFR 430.27(l).
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26855
Second, testing Electrolux’s new
refrigerator according to the test
procedure would provide results that do
not accurately measure the energy used
by the new refrigerator.
II. The Refrigerator Energy Test
Procedure
The test procedure for calculating
energy consumption specifies that the
test chamber must be maintained at 90°
Fahrenheit (‘‘F’’).2 This ambient
temperature is not typical of conditions
in most consumers’ homes. Rather, it is
intended to simulate the heat load of a
refrigerator in a 70° F ambient
temperature with typical usage by the
consumer. But the test procedure does
not specify test chamber humidity
conditions. Sweat occurs on
refrigerators when specific areas on the
unit are below the local dew point.
Higher relative humidity levels result in
an increase of the dew point. Sweat has
been addressed by installing anti-sweat
heaters on mullions and other locations
where sweat accumulates. Previous antisweat heaters operated at a fixed
amount of power, and turned on or off
regardless of the humidity or amount of
sweat on the unit.
III. Electrolux’s Proposed Modifications
The circumstances of this petition are
similar to those in the Department’s
earlier decisions granting waiver
petitions, including the 2001 waiver
granted in In the Matter of Electrolux
Home Appliances.3 The test procedure
at issue in Electrolux’s 2001 waiver
request was originally developed when
simple mechanical defrost timers were
the norm. Accordingly, Electrolux
sought a test procedure waiver to
accommodate its advanced defrost
timer. The Assistant Secretary, in
granting the waiver, acknowledged the
role of technology advances in
evaluating the need for test procedure
waivers. With this current petition,
Electrolux again seeks to change how it
tests its new models to take into account
advances in sensing technology, i.e.,
sensors that detect temperature and
humidity conditions and interact with
controls to vary the effective wattage of
anti-sweat heaters to evaporate excess
sweat.
The Electrolux models, with the new
anti-sweat technology, subject to this
Petition are:
2 10
CFR Part 430, Subpart B, App. A1.
Conservation Program for Consumer
Products: Granting of the Application for Interim
Waiver and Publishing of the Petition for Waiver of
Electrolux Home Products from the DOE
Refrigerator and Refrigerator-Freezer Test
Procedure (Case No. RF–005), 66 FR 40,689 (Aug.
3, 2001).
3 Energy
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Electrolux proposes to run the energyconsumption test with the anti-sweat
heater switch in the ‘‘off’’ position and
then, because the test chamber is not
humidity-controlled, to add to that
result the kilowatt hours per day
derived by calculating the energy used
when the anti-sweat heater is in the
‘‘on’’ position. This contribution will be
calculated by the same method that was
proposed by GE and Electrolux in their
Petitions for Waiver.4 The objective of
the proposed approach is to simulate
the average energy used by the adaptive
anti-sweat heaters as activated in typical
consumer households across the United
States.
In formulating its Petition, GE
conducted research to determine the
average humidity level experienced
across the United States. The result of
this research was that GE was able to
determine the probability that any U.S.
household would experience certain
humidity conditions during any month
of the year. This data was consolidated
into 10 bands each representing a 10%
range of relative humidity. In submitting
this Petition, Electrolux is confirming
the validity of using such bands to
represent the average humidity
experienced across the United States
and will adopt the same population
weighting as proposed by GE. The bands
proposed by GE are as follows:
% Relative
humidity
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
Probability
(percent)
0–10
10–20
20–30
30–40
40–50
50–60
60–70
70–60
80–90
90–100
Constant
designation
3.4
21.1
20.4
16.6
12.6
11.9
6.9
4.7
0.8
1.5
A1
A2
A3
A4
A5
A6
A7
A8
A9
A10
of advanced technologies while
providing proper consideration of
energy consumption.
Since system losses are involved with
operating anti-sweat heaters, Electrolux
proposes to include in the calculation a
factor to account for such energy. This
additional energy includes the electrical
energy required to operate the antisweat heater control and related
components, and the additional energy
required to increase compressor run
time to remove heat introduced into the
refrigerator compartments by the antisweat heater. Based on Electrolux’s
experience, this ‘‘System-loss Factor’’ is
1.3. Simply stated, the Correction Factor
that Electrolux proposes to add to the
energy-consumption test results
obtained with the anti-sweat heater
switch in the ‘‘off’’ position is
calculated as follows:
Correction Factor = (Anti-sweat Heater
Power × System-loss Factor) × (24
hours/1 day) × (1 kW/1000 W)
Continue by calculating the national
average power in watts used by the antisweat heaters. This is done by totaling
the product of constants A1–A10
multiplied by the respective heater
watts used by a refrigerator operating in
the median percent relative humidity
for that band and the following standard
refrigerator conditions:
• Ambient temperature of 72 °F,
• Fresh food (FF) average temperature
of 45 °F; and
• Freezer (FZ) average temperature of
5 °F.
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)
As explained above, bands A1–A10
were selected as representative of
humidity conditions in all U.S.
households. Utilizing such weighed
bands will allow the calculation of the
national average energy consumption
for each product.
Based on the above, Electrolux
proposes to test its new models as if the
test procedure were modified to
calculate the energy of the unit with the
anti-sweat heaters in the on position as
equal to the energy of the unit tested
with the anti-sweat heaters in the off
position plus the Anti-Sweat Heater
Power times the System Loss Factor
(expressed in KWH/YR).
Electrolux urges the Assistant
Secretary to grant its Petition for Waiver
and allow Electrolux to test its new
refrigerator models as noted above.
Granting Electrolux’s Petition for
Waiver will encourage the introduction
Sincerely,
Sheila A. Millar.
cc: Michael Raymond, DOE Office of Energy
Efficiency and Renewable Energy
4 Publication of the Petition for Waiver of General
Electric Company From the Department of Energy
Refrigerator and Refrigerator/Freezer Test
Procedures, 72 FR 19,189 (Apr. 17, 2007);
Publication of the Petition for Waiver of Electrolux
Corporation From the Department of Energy
Refrigerator and Refrigerator/Freezer Test
Procedures, 73 FR 39,684 (July 10, 2008).
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IV. Conclusion
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V. Affected Persons
Primarily affected persons in the
refrigerator-freezer category include
BSH Home Appliances Corp. (BoschSiemens Hausgerate GmbH), Equator,
Fisher & Paykel Appliances Inc., GE
Appliances, Gorenje USA, Haier
America Trading, L.L.C., Heartland
Appliances, Inc., Kelon Electrical
Holdings Co., Ltd., Liebherr Hausgerate,
LG Electronics Inc., Northland
Corporation, Samsung Electronics
America, Inc., Sanyo Fisher Company,
Sears, Sub-Zero Freezer Company, ULine, Viking Range, W. C. Wood
Company, and Electrolux Corporation.
The Association of Home Appliance
Manufacturers is also generally
interested in energy efficiency
requirements for appliances, including
freezers. Electrolux will notify all these
entities as required by the Department’s
rules and provide them with a version
of this Petition.
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March 24, 2009
Via Electronic and Overnight Delivery
Assistant Secretary for Conservation and
Renewable Energy, U.S. Department
of Energy, Mail Station EE–10,
Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Re: Request by Electrolux Home
Products, Inc. to Expand Coverage
of Interim Waiver and Petition for
Waiver From the Department of
Energy Residential Refrigerator and
Refrigerator-Freezer Test
Procedures
Dear Assistant Secretary:
We write to respectfully request an
expansion of the March 3, 2009, Interim
Waiver you granted our client,
Electrolux Home Products, Inc.
(‘‘Electrolux’’) to include four additional
residential refrigerator-freezer models.
We also request the incorporation of
these four models into the Electrolux
Petition for Waiver, which we
understand is still under review by your
office, and has not yet been published
for public review and comment in the
Federal Register. The four Electrolux
residential refrigerator-freezer models
listed below contain the same or similar
relative humidity sensors and adaptive
control anti-sweat heaters for which the
Department of Energy (‘‘Department’’ or
‘‘DOE’’) recently granted Electrolux the
enclosed Interim Waiver from the test
procedures at 10 CFR part 430, subpart
B, appendix A1:
EI28BS56IW/B/S, EW28BS71IW/B/S,
EI23BC56IW/B/S, EW23BC71IW/B/S
This document contains no
confidential business information and
may be released pursuant to Freedom of
Information Act requests.
The Department’s regulations provide
that the Assistant Secretary will grant a
Petition for Waiver upon
‘‘determination that the basic model for
which the waiver was requested
contains a design characteristic which
either prevents testing of the basic
model according to the prescribed test
procedures, or 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.’’ 1 In
addition, the Assistant Secretary will
grant an Interim Waiver ‘‘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/
1 10
CFR 430.27(l).
VerDate Nov<24>2008
15:16 Jun 03, 2009
Jkt 217001
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.’’ 2
Although Electrolux would not
experience economic hardship without
a waiver of the test procedures—indeed,
the alternate test procedure imposes an
energy penalty—the DOE letter granting
the Electrolux Interim Waiver
recognized that:
* * * public policy would favor
granting Electrolux an Interim Waiver,
pending determination of the Petition
for Waiver. On February 27, 2008, DOE
granted the General Electric Company
(‘‘GE’’) a waiver from the refrigeratorfreezer test procedure because it takes
neither ambient humidity nor adaptive
technology into account. 73 FR 10425.
The test procedure would not accurately
represent the energy consumption of
refrigerator-freezers containing relative
humidity sensors and adaptive control
anti-sweat heaters. This argument is
equally applicable to Electrolux, which
has products containing similar relative
humidity sensors and anti-sweat
heaters. Electrolux is seeking a very
similar waiver to the one DOE granted
to GE, with the same alternate test
procedure, and it is very likely
Electrolux’s Petition for Waiver will be
granted.
As Electrolux noted in its December
15, 2008, Petition for Waiver and
Application for Interim Waiver, the
Company could have designed its
adaptive anti-sweat system so that the
anti-sweat heaters showed no impact
during energy testing. However, like GE
and Whirlpool Corporation, Electrolux
is following the intent of the regulations
to more accurately represent the energy
consumed by the new refrigerators
when used in the home.3 Accordingly,
Electrolux respectfully submits that
sufficient grounds exist for the Assistant
Secretary to include the four additional
models listed above as part of the March
3, 2009 Interim Waiver and Petition for
Waiver on both points.
First, the refrigerator energy test
procedure does not allow the energy
used by the above-referenced Electrolux
models to be accurately calculated.
These new models contain adaptive
anti-sweat heaters (i.e., anti-sweat
heaters that respond to humidity
conditions found in consumers’ homes).
Since the test conditions specified by
2 10
CFR 430.27(g).
Electric Corporation (‘‘GE’’) and
Whirlpool Corporation (‘‘Whirlpool’’) each filed
Petitions for Waiver to establish a new methodology
to calculate the energy consumption of a
refrigerator-freezer when such a product contains
adaptive anti-sweat heaters.
3 General
PO 00000
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Fmt 4703
Sfmt 4703
26857
the test procedure neither define
required humidity conditions nor
otherwise take ambient humidity
conditions into account in calculating
energy consumption, the adaptive
feature of Electrolux’s new refrigerators
cannot be properly tested. Second,
testing Electrolux’s new refrigerators
according to the test procedure would
provide results that do not accurately
measure the energy used by the new
refrigerator. In addition, the DOE
regulations make clear that once a
waiver has been granted, the
Department must take steps to
incorporate the new procedure and
eliminate the need for continuing
waivers:
Within one year of the granting of any
waiver, the Department of Energy will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. As
soon thereafter as practicable, the
Department of Energy will publish in
the Federal Register a final rule. Such
waiver will terminate on the effective
date of such final rule.4
Requiring Electrolux to submit a
separate Petition for Waiver and
Application for Interim Waiver for the
identical technology which was granted
in an Interim Waiver a bit more than
two weeks ago, and for which the
Department has indicated ‘‘it is very
likely Electrolux’s Petition for Waiver
will be granted’’ at a minimum violates
the spirit of this provision and is
inconsistent with advancing sound
energy testing objectives.
The Refrigerator Energy Test Procedure
The test procedure for calculating
energy consumption specifies that the
test chamber must be maintained at 90°
Fahrenheit (‘‘F’’).5 This ambient
temperature is not typical of conditions
in most consumers’ homes. Rather, it is
intended to simulate the heat load of a
refrigerator in a 70° F ambient with
typical usage by the consumer. But the
test procedure does not specify test
chamber humidity conditions. Sweat
occurs on refrigerators when specific
areas on the unit are below the local
dew point. Higher relative humidity
levels result in an increase of the dew
point. Sweat has been addressed by
installing anti-sweat heaters on
mullions and other locations where
sweat accumulates. Previous anti-sweat
heaters operated at a fixed amount of
power, and turned on or off regardless
4 10
5 10
E:\FR\FM\04JNN1.SGM
CFR 430.27(m).
CFR Part 430, Subpart B, App. A1.
04JNN1
26858
Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices
of the humidity or amount of sweat on
the unit.
rules and provide them with a version
of this Petition.
Test Procedure Modifications From the
Electrolux Interim Waiver
Sincerely,
Sheila A. Millar.
Enclosure.
cc: Michael Raymond, DOE Office of Energy
Efficiency and Renewable Energy
Michael K. Kido, Office of the DOE
Assistant General Counsel for Loan
Program and Renewable Energy
The adaptive anti-sweat system in the
four Electrolux models referenced above
are identical or similar to those
addressed by the March 3, 2009 Interim
Waiver. Allowing Electrolux to test
these models using the Alternate Test
Procedure specified in the Interim
Waiver would ensure Electrolux energy
efficiency tests take into account
advances in sensing technology, i.e.,
sensors that detect temperature and
humidity conditions and interact with
controls to vary the effective wattage of
anti-sweat heaters to evaporate excess
sweat consistent with the same method
DOE has approved in connection with
the Electrolux Interim Waiver and
waivers granted to other
manufacturers.6 The objective of the
proposed approach is to simulate the
average energy used by the adaptive
anti-sweat heaters as activated in typical
consumer households across the United
States.
Conclusion
Electrolux urges the Assistant
Secretary to expand the Interim Waiver
granted to Electrolux and to revise the
Electrolux Petition for Waiver to allow
Electrolux to test for its new refrigerator
models, identified by Model numbers
EI28BS56IW/B/S, EW28BS71IW/B/S,
EI23BC56IW/B/S, EW23BC71IW/B/S, as
noted above.
Primarily affected persons in the
refrigerator-freezer category include
BSH Home Appliances Corp. (BoschSiemens Hausgerate GmbH), Equator,
Fisher & Paykel Appliances Inc., GE
Appliances, Gorenje USA, Haier
America Trading, L.L.C., Heartland
Appliances, Inc., Kelon Electrical
Holdings Co., Ltd., Liebherr Hausgerate,
LG Electronics Inc., Northland
Corporation, Samsung Electronics
America, Inc., Sanyo Fisher Company,
Sears, Sub-Zero Freezer Company, ULine, Viking Range, W. C. Wood
Company, and Whirlpool Corporation.
The Association of Home Appliance
Manufacturers is also generally
interested in energy efficiency
requirements for appliances, including
freezers. Electrolux will notify all these
entities as required by the Department’s
6 Publication of the Petition for Waiver of General
Electric Company From the Department of Energy
Refrigerator and Refrigerator/Freezer Test
Procedures, 72 FR 19,189 (Apr. 17, 2007);
Publication of the Petition for Waiver of Whirlpool
Corporation From the Department of Energy
Refrigerator and Refrigerator/Freezer Test
Procedures, 73 FR 39,684 (July 10, 2008).
VerDate Nov<24>2008
15:16 Jun 03, 2009
Jkt 217001
[FR Doc. E9–12912 Filed 6–3–09; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8913–2]
Virginia Commonwealth Prohibition on
Discharges of Vessel Sewage; Receipt
of Application and Tentative
Determination
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of tentative
determination.
SUMMARY: Notice is hereby given that an
application dated December 8, 2008 was
received from the Commonwealth of
Virginia on December 11, 2008
requesting a determination by the
Regional Administrator, EPA Region III,
pursuant to section 312(f) of Public Law
92–500, as amended by Public Law 95–
217 and Public Law 100–4 (the Clean
Water Act), that adequate facilities for
the safe and sanitary removal and
treatment of sewage from all vessels are
reasonably available for the navigable
waters of the Broad Creek, Jackson
Creek and Fishing Bay Watersheds in
Middlesex County, VA.
DATES: Comments and views regarding
this application and EPA’s tentative
determination may be filed on or before
July 6, 2009.
ADDRESSES: Comments or requests for
information or copies of the State’s
application should be addressed to
Robert Runowski, EPA Region III, Office
of State and Watershed Partnerships,
1650 Arch Street, Philadelphia, PA
19103.
FOR FURTHER INFORMATION CONTACT:
Robert Runowski, EPA Region III, Office
of State and Watershed Partnerships,
1650 Arch Street, Philadelphia, PA
19103. Telephone: (215) 814–5385. Fax:
(215) 814–2301. E-mail:
runowski.bob@epa.gov.
This
application was made by the Virginia
Secretary of Natural Resources on behalf
of the Commonwealth of Virginia
Department of Environmental Quality
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
(VDEQ). Upon receipt of an affirmative
determination in response to this
application, VDEQ would completely
prohibit the discharge of sewage,
whether treated or not, from any vessel
in Broad Creek, Jackson Creek and
Fishing Bay watersheds in accordance
with section 312(f)(3) of the Clean Water
Act and 40 CFR 140.4(a).
Section 312(f)(3) states: After the
effective date of the initial standards
and regulations promulgated under this
section, if any State determines that the
protection and enhancement of the
quality of some or all of the waters
within such States require greater
environmental protection, such State
may completely prohibit the discharge
from all vessels of any sewage, whether
treated or not, into such waters, except
that no such prohibition shall apply
until the Administrator determines that
adequate facilities for the safe and
sanitary removal and treatment of
sewage from all vessels are reasonably
available for such water to which such
prohibition would apply.
The Broad Creek, Jackson Creek and
Fishing Bay watersheds are located in
the eastern-most part of Middlesex
County (i.e., Deltaville), Virginia. The
Broad Creek discharges north to the
Rappahannock River near its confluence
to the Chesapeake Bay. Jackson Creek
discharges east into the mouth of the
Piankatank River, and Fishing Bay
discharges directly south to the
Piankatank River, which discharges to
the east to the Chesapeake Bay. These
watersheds, including Porpoise Cove
and Moore Creek, encompass an area of
land and water of approximately 3.4 sq
mi with nearly 18 miles of shoreline. All
these water bodies are oligohaline and
subject to the action of tides. The
majority of the waters outside the bays
are shallow with maintained channel
depths of six to 10 feet, although some
of the areas may not exceed four (4) feet
in depth.
Many people enjoy the Broad Creek,
Jackson Creek and Fishing Bay
watersheds for a variety of activities,
including boating, fishing, crabbing,
water skiing, and swimming. The
shoreline surrounding these three
watersheds includes 1,583 housing
units (824 year round), public access
areas, thirty two (32) marinas, boat
launch facilities, and waterside
restaurants. Both recreational and
commercial large and small boats,
personal watercraft, canoes, kayaks,
water skiers, and swimmers enjoy these
rivers for their recreational benefits. The
full time resident population of 1,716
people (increasing to several thousand
during the summer months) use these
adjacent areas for boating, fishing, and
E:\FR\FM\04JNN1.SGM
04JNN1
]]>Agencies
[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26853-26858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12912]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-009]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Notice of Granting the Application for
Interim Waiver of Electrolux From the Department of Energy Residential
Refrigerator and Refrigerator-Freezer Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, Notice of Granting Application
for Interim Waiver, and request for public comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes the Electrolux
Home Products, Inc. (Electrolux) Petition for Waiver (hereafter,
``Petition'') from parts of the Department of Energy (DOE) test
procedure for determining the energy consumption of electric
refrigerators and refrigerator-freezers. The waiver request pertains to
Electrolux's specified French door bottom-mount residential
refrigerators and refrigerator-freezers, a product line that utilizes a
control logic that changes the wattage of the anti-sweat heaters based
upon the ambient relative humidity conditions in order to prevent
condensation. The existing test procedure does not take humidity or
adaptive control technology into account. Therefore, Electrolux has
suggested an alternate test procedure that takes adaptive control
technology into account when measuring energy consumption. DOE is
soliciting comments, data, and information concerning Electrolux's
Petition and the suggested alternate test procedure. DOE is also
publishing notice of its March 3, 2009 grant of an interim waiver to
Electrolux. Subsequently, DOE received a request from Electrolux to
expand the scope of its interim waiver to four additional products. DOE
has decided to grant this request.
DATES: DOE will accept comments, data, and information with respect to
Electrolux's Petition until, but no later than July 6, 2009.
ADDRESSES: You may submit comments, identified by case number [RF-009],
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AS_Waiver_Requests@ee.doe.gov. Include either
the case number [RF-009], and/or ``Electrolux Petition'' in the subject
line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Petition for Waiver Case
No. RF-008, 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.
Instructions: All submissions received must 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 Exchange (ASCII)) file format.
Avoid the use of special characters or any form of encryption. Wherever
possible, include the electronic signature of the author. Absent an
electronic signature, comments submitted electronically must be
followed and authenticated by submitting the signed original paper
document. DOE does not accept telefacsimiles (faxes).
Pursuant to section 430.27(b)(1)(iv) of 10 CFR Part 430, any person
submitting written comments must also send a copy of the comments to
the petitioner. The contact information for the petitioner is: Ms.
Sheila A. Millar, Keller and Heckman, LLP, 1001 G Street, NW.,
Washington, DC 20001. Telephone: (202) 434-4100. E-mail:
millar@khlaw.com.
Under 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: 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.
Docket: For access to the docket to review the 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) 586-9127, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Please call Ms.
Brenda Edwards at (202) 586-2945 for additional information regarding
visiting the Resource Room. Please note that the DOE's Freedom of
Information Reading Room (formerly Room 1E-190 in the Forrestal
Building) is no longer housing rulemaking materials.
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, (202) 586-
9611. E-mail: Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy,
Office of the General Counsel, Mailstop GC-72, 1000 Independence
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-9507. E-
mail: Francine.Pinto@hq.doe.gov or Micael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and Conservation Act (``EPCA'') sets
forth a variety of provisions concerning energy efficiency. Part A\1\
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)) The test procedure for residential
refrigerators and refrigerator-freezers is contained in 10 CFR Part
430, Subpart B, Appendix A1.
---------------------------------------------------------------------------
\1\ This part was originally titled Part B; however, it was
redesignated Part A after Part B was repealed by Public Law 109-58.
---------------------------------------------------------------------------
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
[[Page 26854]]
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 Part 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. 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). In general, waivers remain in effect until the effective
date of a final rule which prescribes amended test procedures
appropriate to the model series manufactured by the petitioner, thereby
eliminating any need for the continuation of the waiver. 10 CFR Part
430.27(m).
II. Petition for Waiver
On November 6, 2008, Electrolux 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. Electrolux 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, Electrolux's technology is similar to that used by
General Electric Company (GE) and Whirlpool Corporation (Whirlpool) for
refrigerator-freezers which were the subject of Petitions for Waiver
published April 17, 2007 and July 10, 2008, respectively. 72 FR 19189;
73 FR 39684. GE's waiver was granted on February 27, 2008. 73 FR 10425.
Electrolux 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. Therefore, Electrolux stated that the test procedure does
not accurately measure the energy consumption of Electrolux's new
refrigerators and refrigerator-freezers that feature variable anti-
sweat heater controls and adaptive heaters. Consequently, Electrolux
has submitted to DOE for approval an alternate test procedure that
would allow it to correctly calculate the energy consumption of this
new product line. Electrolux's alternate test procedure is essentially
the same as that prescribed for GE refrigerators and refrigerator-
freezers (and petitioned for by Whirlpool) that are equipped with the
same type of technology. The alternate test procedure applicable to the
GE products simulates the energy used by the adaptive heaters in a
typical consumer household, as explained in the Decision and Order
which DOE published in the Federal Register on February 27, 2008. 73 FR
10425. As DOE has stated in the past, it is in the public interest to
have similar products tested and rated for energy consumption on a
comparable basis.
III. Application for Interim Waiver
The Electrolux Petition also requests an Interim Waiver. 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))
In view of the above, Electrolux's Application for Interim Waiver
does not provide sufficient information to permit DOE to evaluate the
economic hardship Electrolux might experience absent a favorable
determination on its Application for Interim Waiver. Public policy
would tend to favor granting Electrolux an Interim Waiver, pending
determination of the Petition for Waiver. On February 27, 2008, DOE
granted the General Electric Company (GE) a waiver from the
refrigerator-freezer test procedure because it takes neither ambient
humidity nor adaptive technology into account. 73 FR 10425. The test
procedure would not accurately represent the energy consumption of
refrigerator-freezers containing relative humidity sensors and adaptive
control anti-sweat heaters. This argument is equally applicable to
Electrolux, which has products containing similar relative humidity
sensors and anti-sweat heaters. Electrolux is seeking a very similar
waiver to the one DOE granted to GE, with the same alternate test
procedure, and it is very likely Electrolux's Petition for Waiver will
be granted.
Therefore, in light of the recent waiver to GE that DOE granted on
March 3, 2009, Electrolux's application for Interim Waiver from testing
of its refrigerator-freezer product line containing relative humidity
sensors and adaptive control anti-sweat heaters is also granted.
Electrolux subsequently requested that DOE expand the Interim Waiver to
cover four additional products. For the same reasons it granted the
interim waiver, DOE is extending coverage of that waiver to these
additional products. This granting of Interim Waiver may be modified at
any time upon a determination that the factual basis underlying the
application is incorrect.
III. Alternate Test Procedure
Electrolux's new line of refrigerators and refrigerator-freezers
contains sensors that detect ambient humidity and interact with
controls that vary the effective wattage of anti-sweat heaters to
evaporate excess moisture. The existing DOE test procedure cannot be
used to calculate the energy consumption of these features. The
variable anti-sweat heater contribution to the refrigerator's energy
consumption is entirely dependent on the ambient humidity of the test
chamber, which the DOE test procedure does not specify. The energy
consumption of the anti-sweat heaters will be modeled and added to the
energy consumption measured with the anti-sweat heaters disabled. The
anti-sweat contribution to the product's total energy consumption will
be calculated by the same methodology that was set forth in the GE
Petition. For units with an energy saver switch, the energy test
results with and without the added heater contribution would be
averaged to produce the final energy number for the product. For those
units that do not include an energy saver switch, the final energy
number would be equal to the test result of the heater-disabled test
plus the added heater contribution. The objective of this approach is
to simulate the average energy used by the adaptive anti-sweat heaters
as activated in refrigerators and refrigerator-freezers of typical
consumer households across the United States.
To determine the conditions in a typical consumer household, GE
compiled historical data on the monthly average outdoor temperatures
and humidities for the top 50 metropolitan areas of the U.S. over
approximately the last 30 years. In light of the similarity of
technologies at issue, Electrolux is using the same data compiled by GE
for its determination of the anti-sweat heater energy use. Like GE and
Whirlpool, Electrolux includes in its test procedure a ``system-loss
factor'' to calculate system losses attributed to operating anti-sweat
heaters, controls, and related components.
[[Page 26855]]
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 applicable
to Electrolux's new line of refrigerators and refrigerator-freezers
with variable anti-sweat heater controls and adaptive heaters. DOE is
publishing 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
and calculation methodology to determine the energy consumption of
Electrolux's specified refrigerators and refrigerator-freezers with
adaptive anti-sweat heaters. DOE is interested in receiving comments
from interested parties on all aspects of the Petition, including the
suggested alternate test procedure and calculation methodology.
Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting written
comments to DOE must also send a copy of such comments to the
petitioner, whose contact information is included in the ADDRESSES
section above.
Issued in Washington, DC, on May 27, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable
Energy.
November 5, 2008
Via Overnight Delivery
The Honorable John F. Mizroch,
Acting 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 Refrigerator and Refrigerator-Freezer
Test Procedures by Electrolux Home Products, Inc.
Dear Secretary Mizroch:
On behalf of our client, Electrolux Home Products, Inc.
(``Electrolux''), we respectfully submits this Petition for Waiver and
Application for interim Waiver requesting exemption by the Department
of Energy from certain parts of the test procedure for determining
refrigerator-freezer energy consumption under 10 CFR 430.27. The
requested waiver will allow Electrolux to test its refrigerator-freezer
to the amended procedure set out by this petition.
This petition for waiver contains no confidential business
information and may be released pursuant to Freedom of Information Act
requests.
I. Background
Electrolux seeks the Department's approval of this proposed
amendment to the refrigerator test procedure to be assured of properly
calculating the energy consumption and properly labeling its new
refrigerator. Recently, General Electric Corporation (``GE'') and
Electrolux Corporation (``Electrolux'') each filed Petitions for Waiver
to establish a new methodology to calculate the energy consumption of a
refrigerator-freezer when such a product contains adaptive anti-sweat
heaters. Electrolux has developed its own adaptive anti-sweat system
that uses a humidity sensor to operate the anti-sweat heaters.
Electrolux could have designed the system so that the anti-sweat
heaters showed no impact during energy testing. However, like GE and
Electrolux, Electrolux is following the intent of the regulations to
more accurately represent the energy consumed by the new refrigerator
when used in the home. Accordingly, Electrolux is filing this Petition
for Waiver to appropriately modify the relevant portions of the DOE
regulations.
The Department's regulations provide that the Assistant Secretary
will grant a petition for waiver upon ``determination that the basic
model for which the waiver was requested contains a design
characteristic which either prevents testing of the basic model
according to the prescribed test procedures, or 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.'' \1\
---------------------------------------------------------------------------
\1\ 10 CFR 430.27(l).
---------------------------------------------------------------------------
Electrolux respectfully submits that sufficient grounds exist for
the Assistant Secretary to grant this Petition on both points. First,
the refrigerator energy test procedure does not allow the energy used
by Electrolux's new refrigerator to be accurately calculated. The new
refrigerator contains adaptive anti-sweat heaters (i.e., anti-sweat
heaters that respond to humidity conditions found in consumers' homes).
Since the test conditions specified by the test procedure neither
define required humidity conditions nor otherwise take ambient humidity
conditions into account in calculating energy consumption, the adaptive
feature of Electrolux's new refrigerator cannot be properly tested.
Second, testing Electrolux's new refrigerator according to the test
procedure would provide results that do not accurately measure the
energy used by the new refrigerator.
II. The Refrigerator Energy Test Procedure
The test procedure for calculating energy consumption specifies
that the test chamber must be maintained at 90[deg] Fahrenheit
(``F'').\2\ This ambient temperature is not typical of conditions in
most consumers' homes. Rather, it is intended to simulate the heat load
of a refrigerator in a 70[deg] F ambient temperature with typical usage
by the consumer. But the test procedure does not specify test chamber
humidity conditions. Sweat occurs on refrigerators when specific areas
on the unit are below the local dew point. Higher relative humidity
levels result in an increase of the dew point. Sweat has been addressed
by installing anti-sweat heaters on mullions and other locations where
sweat accumulates. Previous anti-sweat heaters operated at a fixed
amount of power, and turned on or off regardless of the humidity or
amount of sweat on the unit.
---------------------------------------------------------------------------
\2\ 10 CFR Part 430, Subpart B, App. A1.
---------------------------------------------------------------------------
III. Electrolux's Proposed Modifications
The circumstances of this petition are similar to those in the
Department's earlier decisions granting waiver petitions, including the
2001 waiver granted in In the Matter of Electrolux Home Appliances.\3\
The test procedure at issue in Electrolux's 2001 waiver request was
originally developed when simple mechanical defrost timers were the
norm. Accordingly, Electrolux sought a test procedure waiver to
accommodate its advanced defrost timer. The Assistant Secretary, in
granting the waiver, acknowledged the role of technology advances in
evaluating the need for test procedure waivers. With this current
petition, Electrolux again seeks to change how it tests its new models
to take into account advances in sensing technology, i.e., sensors that
detect temperature and humidity conditions and interact with controls
to vary the effective wattage of anti-sweat heaters to evaporate excess
sweat.
---------------------------------------------------------------------------
\3\ Energy Conservation Program for Consumer Products: Granting
of the Application for Interim Waiver and Publishing of the Petition
for Waiver of Electrolux Home Products from the DOE Refrigerator and
Refrigerator-Freezer Test Procedure (Case No. RF-005), 66 FR 40,689
(Aug. 3, 2001).
---------------------------------------------------------------------------
The Electrolux models, with the new anti-sweat technology, subject
to this Petition are:
[[Page 26856]]
EI28BS55IW, EI28BS55IB, EI28BS55IS, EW28BS70IW, EW28BS70IB, EW28BS70IS,
EI23BC55IW, EI23BC55IB, EI23BC55IS, EW23BC70IW, EW23BC70IB, EW23BC70IS,
E23BC78ISS, E23BC78PIS.
Electrolux proposes to run the energy-consumption test with the
anti-sweat heater switch in the ``off'' position and then, because the
test chamber is not humidity-controlled, to add to that result the
kilowatt hours per day derived by calculating the energy used when the
anti-sweat heater is in the ``on'' position. This contribution will be
calculated by the same method that was proposed by GE and Electrolux in
their Petitions for Waiver.\4\ The objective of the proposed approach
is to simulate the average energy used by the adaptive anti-sweat
heaters as activated in typical consumer households across the United
States.
---------------------------------------------------------------------------
\4\ Publication of the Petition for Waiver of General Electric
Company From the Department of Energy Refrigerator and Refrigerator/
Freezer Test Procedures, 72 FR 19,189 (Apr. 17, 2007); Publication
of the Petition for Waiver of Electrolux Corporation From the
Department of Energy Refrigerator and Refrigerator/Freezer Test
Procedures, 73 FR 39,684 (July 10, 2008).
---------------------------------------------------------------------------
In formulating its Petition, GE conducted research to determine the
average humidity level experienced across the United States. The result
of this research was that GE was able to determine the probability that
any U.S. household would experience certain humidity conditions during
any month of the year. This data was consolidated into 10 bands each
representing a 10% range of relative humidity. In submitting this
Petition, Electrolux is confirming the validity of using such bands to
represent the average humidity experienced across the United States and
will adopt the same population weighting as proposed by GE. The bands
proposed by GE are as follows:
----------------------------------------------------------------------------------------------------------------
% Relative Probability Constant
humidity (percent) designation
----------------------------------------------------------------------------------------------------------------
1............................................................... 0-10 3.4 A1
2............................................................... 10-20 21.1 A2
3............................................................... 20-30 20.4 A3
4............................................................... 30-40 16.6 A4
5............................................................... 40-50 12.6 A5
6............................................................... 50-60 11.9 A6
7............................................................... 60-70 6.9 A7
8............................................................... 70-60 4.7 A8
9............................................................... 80-90 0.8 A9
10.............................................................. 90-100 1.5 A10
----------------------------------------------------------------------------------------------------------------
Since system losses are involved with operating anti-sweat heaters,
Electrolux proposes to include in the calculation a factor to account
for such energy. This additional energy includes the electrical energy
required to operate the anti-sweat heater control and related
components, and the additional energy required to increase compressor
run time to remove heat introduced into the refrigerator compartments
by the anti-sweat heater. Based on Electrolux's experience, this
``System-loss Factor'' is 1.3. Simply stated, the Correction Factor
that Electrolux proposes to add to the energy-consumption test results
obtained with the anti-sweat heater switch in the ``off'' position is
calculated as follows:
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x
(24 hours/1 day) x (1 kW/1000 W)
Continue by calculating the national average power in watts used by
the anti-sweat heaters. This is done by totaling the product of
constants A1-A10 multiplied by the respective heater watts used by a
refrigerator operating in the median percent relative humidity for that
band and the following standard refrigerator conditions:
Ambient temperature of 72 [deg]F,
Fresh food (FF) average temperature of 45 [deg]F; and
Freezer (FZ) average temperature of 5 [deg]F.
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)
As explained above, bands A1-A10 were selected as representative of
humidity conditions in all U.S. households. Utilizing such weighed
bands will allow the calculation of the national average energy
consumption for each product.
Based on the above, Electrolux proposes to test its new models as
if the test procedure were modified to calculate the energy of the unit
with the anti-sweat heaters in the on position as equal to the energy
of the unit tested with the anti-sweat heaters in the off position plus
the Anti-Sweat Heater Power times the System Loss Factor (expressed in
KWH/YR).
IV. Conclusion
Electrolux urges the Assistant Secretary to grant its Petition for
Waiver and allow Electrolux to test its new refrigerator models as
noted above. Granting Electrolux's Petition for Waiver will encourage
the introduction of advanced technologies while providing proper
consideration of energy consumption.
V. Affected Persons
Primarily affected persons in the refrigerator-freezer category
include BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH),
Equator, Fisher & Paykel Appliances Inc., GE Appliances, Gorenje USA,
Haier America Trading, L.L.C., Heartland Appliances, Inc., Kelon
Electrical Holdings Co., Ltd., Liebherr Hausgerate, LG Electronics
Inc., Northland Corporation, Samsung Electronics America, Inc., Sanyo
Fisher Company, Sears, Sub-Zero Freezer Company, U-Line, Viking Range,
W. C. Wood Company, and Electrolux Corporation. The Association of Home
Appliance Manufacturers is also generally interested in energy
efficiency requirements for appliances, including freezers. Electrolux
will notify all these entities as required by the Department's rules
and provide them with a version of this Petition.
Sincerely,
Sheila A. Millar.
cc: Michael Raymond, DOE Office of Energy Efficiency and Renewable
Energy
[[Page 26857]]
March 24, 2009
Via Electronic and Overnight Delivery
Assistant Secretary for Conservation and Renewable Energy, U.S.
Department of Energy, Mail Station EE-10, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121.
Re: Request by Electrolux Home Products, Inc. to Expand Coverage of
Interim Waiver and Petition for Waiver From the Department of Energy
Residential Refrigerator and Refrigerator-Freezer Test Procedures
Dear Assistant Secretary:
We write to respectfully request an expansion of the March 3, 2009,
Interim Waiver you granted our client, Electrolux Home Products, Inc.
(``Electrolux'') to include four additional residential refrigerator-
freezer models. We also request the incorporation of these four models
into the Electrolux Petition for Waiver, which we understand is still
under review by your office, and has not yet been published for public
review and comment in the Federal Register. The four Electrolux
residential refrigerator-freezer models listed below contain the same
or similar relative humidity sensors and adaptive control anti-sweat
heaters for which the Department of Energy (``Department'' or ``DOE'')
recently granted Electrolux the enclosed Interim Waiver from the test
procedures at 10 CFR part 430, subpart B, appendix A1:
EI28BS56IW/B/S, EW28BS71IW/B/S, EI23BC56IW/B/S, EW23BC71IW/B/S
This document contains no confidential business information and may
be released pursuant to Freedom of Information Act requests.
The Department's regulations provide that the Assistant Secretary
will grant a Petition for Waiver upon ``determination that the basic
model for which the waiver was requested contains a design
characteristic which either prevents testing of the basic model
according to the prescribed test procedures, or 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.'' \1\ In addition, the Assistant Secretary
will grant an Interim Waiver ``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 on the Petition for Waiver.'' \2\
---------------------------------------------------------------------------
\1\ 10 CFR 430.27(l).
\2\ 10 CFR 430.27(g).
---------------------------------------------------------------------------
Although Electrolux would not experience economic hardship without
a waiver of the test procedures--indeed, the alternate test procedure
imposes an energy penalty--the DOE letter granting the Electrolux
Interim Waiver recognized that:
* * * public policy would favor granting Electrolux an Interim Waiver,
pending determination of the Petition for Waiver. On February 27, 2008,
DOE granted the General Electric Company (``GE'') a waiver from the
refrigerator-freezer test procedure because it takes neither ambient
humidity nor adaptive technology into account. 73 FR 10425. The test
procedure would not accurately represent the energy consumption of
refrigerator-freezers containing relative humidity sensors and adaptive
control anti-sweat heaters. This argument is equally applicable to
Electrolux, which has products containing similar relative humidity
sensors and anti-sweat heaters. Electrolux is seeking a very similar
waiver to the one DOE granted to GE, with the same alternate test
procedure, and it is very likely Electrolux's Petition for Waiver will
be granted.
As Electrolux noted in its December 15, 2008, Petition for Waiver
and Application for Interim Waiver, the Company could have designed its
adaptive anti-sweat system so that the anti-sweat heaters showed no
impact during energy testing. However, like GE and Whirlpool
Corporation, Electrolux is following the intent of the regulations to
more accurately represent the energy consumed by the new refrigerators
when used in the home.\3\ Accordingly, Electrolux respectfully submits
that sufficient grounds exist for the Assistant Secretary to include
the four additional models listed above as part of the March 3, 2009
Interim Waiver and Petition for Waiver on both points.
---------------------------------------------------------------------------
\3\ General Electric Corporation (``GE'') and Whirlpool
Corporation (``Whirlpool'') each filed Petitions for Waiver to
establish a new methodology to calculate the energy consumption of a
refrigerator-freezer when such a product contains adaptive anti-
sweat heaters.
---------------------------------------------------------------------------
First, the refrigerator energy test procedure does not allow the
energy used by the above-referenced Electrolux models to be accurately
calculated. These new models contain adaptive anti-sweat heaters (i.e.,
anti-sweat heaters that respond to humidity conditions found in
consumers' homes). Since the test conditions specified by the test
procedure neither define required humidity conditions nor otherwise
take ambient humidity conditions into account in calculating energy
consumption, the adaptive feature of Electrolux's new refrigerators
cannot be properly tested. Second, testing Electrolux's new
refrigerators according to the test procedure would provide results
that do not accurately measure the energy used by the new refrigerator.
In addition, the DOE regulations make clear that once a waiver has been
granted, the Department must take steps to incorporate the new
procedure and eliminate the need for continuing waivers:
Within one year of the granting of any waiver, the Department of
Energy will publish in the Federal Register a notice of proposed
rulemaking to amend its regulations so as to eliminate any need for the
continuation of such waiver. As soon thereafter as practicable, the
Department of Energy will publish in the Federal Register a final rule.
Such waiver will terminate on the effective date of such final rule.\4\
---------------------------------------------------------------------------
\4\ 10 CFR 430.27(m).
---------------------------------------------------------------------------
Requiring Electrolux to submit a separate Petition for Waiver and
Application for Interim Waiver for the identical technology which was
granted in an Interim Waiver a bit more than two weeks ago, and for
which the Department has indicated ``it is very likely Electrolux's
Petition for Waiver will be granted'' at a minimum violates the spirit
of this provision and is inconsistent with advancing sound energy
testing objectives.
The Refrigerator Energy Test Procedure
The test procedure for calculating energy consumption specifies
that the test chamber must be maintained at 90[deg] Fahrenheit
(``F'').\5\ This ambient temperature is not typical of conditions in
most consumers' homes. Rather, it is intended to simulate the heat load
of a refrigerator in a 70[deg] F ambient with typical usage by the
consumer. But the test procedure does not specify test chamber humidity
conditions. Sweat occurs on refrigerators when specific areas on the
unit are below the local dew point. Higher relative humidity levels
result in an increase of the dew point. Sweat has been addressed by
installing anti-sweat heaters on mullions and other locations where
sweat accumulates. Previous anti-sweat heaters operated at a fixed
amount of power, and turned on or off regardless
[[Page 26858]]
of the humidity or amount of sweat on the unit.
---------------------------------------------------------------------------
\5\ 10 CFR Part 430, Subpart B, App. A1.
---------------------------------------------------------------------------
Test Procedure Modifications From the Electrolux Interim Waiver
The adaptive anti-sweat system in the four Electrolux models
referenced above are identical or similar to those addressed by the
March 3, 2009 Interim Waiver. Allowing Electrolux to test these models
using the Alternate Test Procedure specified in the Interim Waiver
would ensure Electrolux energy efficiency tests take into account
advances in sensing technology, i.e., sensors that detect temperature
and humidity conditions and interact with controls to vary the
effective wattage of anti-sweat heaters to evaporate excess sweat
consistent with the same method DOE has approved in connection with the
Electrolux Interim Waiver and waivers granted to other
manufacturers.\6\ The objective of the proposed approach is to simulate
the average energy used by the adaptive anti-sweat heaters as activated
in typical consumer households across the United States.
---------------------------------------------------------------------------
\6\ Publication of the Petition for Waiver of General Electric
Company From the Department of Energy Refrigerator and Refrigerator/
Freezer Test Procedures, 72 FR 19,189 (Apr. 17, 2007); Publication
of the Petition for Waiver of Whirlpool Corporation From the
Department of Energy Refrigerator and Refrigerator/Freezer Test
Procedures, 73 FR 39,684 (July 10, 2008).
---------------------------------------------------------------------------
Conclusion
Electrolux urges the Assistant Secretary to expand the Interim
Waiver granted to Electrolux and to revise the Electrolux Petition for
Waiver to allow Electrolux to test for its new refrigerator models,
identified by Model numbers EI28BS56IW/B/S, EW28BS71IW/B/S, EI23BC56IW/
B/S, EW23BC71IW/B/S, as noted above.
Primarily affected persons in the refrigerator-freezer category
include BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH),
Equator, Fisher & Paykel Appliances Inc., GE Appliances, Gorenje USA,
Haier America Trading, L.L.C., Heartland Appliances, Inc., Kelon
Electrical Holdings Co., Ltd., Liebherr Hausgerate, LG Electronics
Inc., Northland Corporation, Samsung Electronics America, Inc., Sanyo
Fisher Company, Sears, Sub-Zero Freezer Company, U-Line, Viking Range,
W. C. Wood Company, and Whirlpool Corporation.
The Association of Home Appliance Manufacturers is also generally
interested in energy efficiency requirements for appliances, including
freezers. Electrolux will notify all these entities as required by the
Department's rules and provide them with a version of this Petition.
Sincerely,
Sheila A. Millar.
Enclosure.
cc: Michael Raymond, DOE Office of Energy Efficiency and Renewable
Energy
Michael K. Kido, Office of the DOE Assistant General Counsel for
Loan Program and Renewable Energy
[FR Doc. E9-12912 Filed 6-3-09; 8:45 am]
BILLING CODE 6450-01-P
