Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Electrolux Home Products, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure (Case No. RF-009), 66338-66340 [E9-29779]

Download as PDF 66338 Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Notices sroberts on DSKD5P82C1PROD with NOTICES brand clothes dryer models DCVH480E*, and DCVH485E*1. Additionally, GE commits to actively support the inclusion of a test procedure applicable to condensing dryers in future versions of 10CFR430, Subpart B, Appendix D and is working with the appliance trade association, the Association of Home Appliance Manufacturers, on a proposal for inclusion in the Department’s current clothes dryer energy standards rulemaking. Thank you for your timely attention to this request for Interim Waiver and Waiver. Respectfully submitted, llllllllllllllllll l Earl F. Jones, Authorized Representative of GE Consumer & Industrial DEPARTMENT OF ENERGY [Case No. RF–009] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Electrolux Home Products, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure (Case No. RF–009) AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and Order. SUMMARY: The U.S. Department of Energy (DOE) gives notice of the Decision and Order (Case No. RF–009) that grants to Electrolux Home Products, Inc. (Electrolux) a Waiver from the DOE electric refrigerator and refrigeratorfreezer test procedure, for certain basic models containing relative humidity CERTIFICATION sensors and adaptive control anti-sweat I hereby certify that GE has notified heaters. Under today’s Decision and all clothes dryer manufacturers listed Order, Electrolux shall be required to below known to GE to sell products in test and rate its refrigerator-freezers with the United States and forwarded them a adaptive control anti-sweat heaters copy of this application: according to an alternate test procedure that takes this technology into account Alliance Laundry Systems, Inc., BSH Home Appliances Corp. (Bosch-Siemens when measuring energy consumption. DATES: This Decision and Order is Hausgerate GmbH), Electrolux Home effective December 15, 2009. Products, Fisher & Paykel Appliances, FOR FURTHER INFORMATION CONTACT: Dr. Inc., Haier America Trading, L.L.C., LG Michael G. Raymond, U.S. Department Electronics USA INC., Miele of Energy, Building Technologies Appliances, Inc., Samsung Electronics Program, Mailstop EE–2J, 1000 America, Inc. and Whirlpool Independence Avenue, SW., Corporation. Washington, DC 20585–0121. In addition, GE has provided courtesy Telephone: (202) 586–9611, E-mail: copies to: The Association of Home AS_Waiver_Requests@ee.doe.gov. Appliance Manufacturers (AHAM), Francine Pinto, or Michael Kido, U.S. which is generally interested in DOE Department of Energy, Office of General proceedings affecting the industry. Counsel, Mail Stop GC–72, 1000 ACEEE, NRDC and Alliance to Save Independence Avenue, SW., Energy are not manufacturers but have Washington, DC 20585–0103, (202) 586– an interest in energy efficiency 9507; E-mail: requirements for appliances. Francine.Pinto@hq.doe.gov or llllllllllllllllll l Michael.Kido@hq.doe.gov. SUPPLEMENTARY INFORMATION: In Earl F. Jones accordance with Title 10 of the Code of [FR Doc. E9–29782 Filed 12–14–09; 8:45 am] Federal Regulations (10 CFR) 430.27(l), BILLING CODE 6450–01–P DOE gives notice of the issuance of its Decision and Order as set forth below. The Decision and Order grants Electrolux a Waiver from the applicable residential refrigerator and refrigeratorfreezer test procedures at 10 CFR Part 430 subpart B, appendix A1, for certain basic models of refrigerator-freezers with relative humidity sensors and adaptive control anti-sweat heaters, 1 In the above models, the 0 in model provided that Electrolux tests and rates DCVH480E* represents the color white, and the 5 such products using the alternate test in model DCVH485E represents the color silver. procedure described in this notice. The * would be replaced by a letter depending on Today’s decision prohibits Electrolux the year of manufacture and the other non-energy related identifiers. from making representations concerning VerDate Nov<24>2008 17:23 Dec 14, 2009 Jkt 220001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 the energy efficiency of these products unless such product has been tested 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. 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 December 8, 2009. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. Decision and Order In the Matter of: Electrolux Home Products, Inc. (Case No. RF–009). Background Title III of the Energy Policy and Conservation Act (EPCA) sets forth a variety of provisions concerning energy efficiency. Part A 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 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 the petitioner to evaluate the basic model in a manner representative of its energy consumption characteristics. 10 CFR 430.27(b)(1)(iii). E:\FR\FM\15DEN1.SGM 15DEN1 Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Notices 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). Waivers remain in effect pursuant to the provisions of 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 November 5, 2008, Electrolux filed a Petition for Waiver from the test procedures 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 Electrolux’s new refrigerator-freezers that feature humidity sensors and adaptive control anti-sweat heaters. Consequently, Electrolux 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 June 4, 2009, DOE granted Electrolux an interim waiver and published Electrolux’s petition for waiver. 74 FR 26853. DOE did not receive any comments on the Electrolux petition. sroberts on DSKD5P82C1PROD with NOTICES Assertions and Determinations Electrolux’s Petition for Waiver On November 5, 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 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 VerDate Nov<24>2008 17:23 Dec 14, 2009 Jkt 220001 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 the General Electric Company (GE) and Whirlpool Corporation (Whirlpool) for refrigerator-freezers, which were the subject of Decision and Orders published at 73 FR 10425 (February 27, 2008) and 74 FR 20695 (May 5, 2009), respectively. 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. Electrolux stated that the DOE test procedure does not accurately measure the energy consumption of its new refrigerators and refrigerator-freezers that feature variable anti-sweat heater controls and adaptive heaters. Consequently, Electrolux has submitted for DOE approval an alternate test procedure that would allow it to correctly calculate the energy consumption of this new product line. Electrolux requested that it be permitted to use an alternate test procedure that is the same as that DOE prescribed for GE and Whirlpool refrigerators and refrigerator-freezers that are equipped with a similar technology. The alternate test procedure applicable to the GE and Whirlpool (and now Electrolux) 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 Electrolux Petition for waiver. The FTC staff did not have any objections to granting a waiver to Electrolux. Conclusion After careful consideration of all the material that was submitted by Electrolux and consultation with the FTC staff, it is ordered that: (1) The ‘‘Petition for Waiver’’ submitted by Electrolux Home Products, Inc. (Case No. RF–009) is hereby granted as set forth in the paragraphs below. (2) Electrolux shall not be required to test or rate the following Electrolux models 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 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 66339 procedure as set forth in paragraph (3) below: EI28BS55IW, EI28BS55IB, EI28BS55IS, EW28BS70IW, EW28BS70IB, EW28BS70IS, EI23BC55IW, EI23BC55IB, EI23BC55IS, EW23BC70IW, EW23BC70IB, EW23BC70IS, E23BC78ISS, E23BC78PIS (3) Electrolux 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 Electrolux 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 Contribution1) 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) 1 Called E:\FR\FM\15DEN1.SGM ‘‘correction factor’’ by GE. 15DEN1 66340 Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Notices + 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. Electrolux 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 such representations fairly disclose the results of such testing. (5) This waiver shall remain in effect consistent with the provisions of 10 CFR 430.27(m). (6) This waiver is 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 December 8, 2009. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E9–29779 Filed 12–14–09; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY sroberts on DSKD5P82C1PROD with NOTICES [Case No. RF–011] Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Notice of Granting the Application for Interim Waiver of Samsung 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 VerDate Nov<24>2008 17:23 Dec 14, 2009 Jkt 220001 interim waiver, and request for public comments. SUMMARY: This notice announces receipt of and publishes the Samsung Electronics America, Inc. (Samsung) petition for waiver (hereafter, ‘‘Petition’’) from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of electric refrigerators and refrigerator-freezers. The waiver request pertains to Samsung’s French door bottom-mount residential refrigerators and refrigeratorfreezers, 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, Samsung has suggested an alternate test procedure that takes adaptive control technology into account when measuring energy consumption. DOE solicits comments, data, and information concerning Samsung’s Petition and the suggested alternate test procedure. DOE also publishes notice of the grant of an interim waiver to Samsung. DATES: DOE will accept comments, data, and information with respect to Samsung’s Petition until, but no later than January 14, 2010. ADDRESSES: You may submit comments, identified by case number [RF–011], 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– 011], and/or ‘‘Samsung 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–011, 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes). Pursuant to section 430.27(b)(1)(iv) of Title 10 of the Code of Federal Regulations (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: Mr. Michael Moss, Samsung Electronics America, Inc., 18600 Broadwick St., Rancho Dominguez, CA 90220, Phone: (310) 900–5245, E-mail: mikem@sea.samsung.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. 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. Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mailstop GC–72, 1000 Independence Avenue, SW., Washington, DC 20585–0103. Telephone: (202) 586–7432 or (202) 586–5827, respectively. E-mail: Francine.Pinto@hq.doe.gov or Eric.Stas@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 E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66338-66340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29779]


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DEPARTMENT OF ENERGY

[Case No. RF-009]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Electrolux Home Products, Inc. From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure (Case No. RF-009)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
Decision and Order (Case No. RF-009) that grants to Electrolux Home 
Products, Inc. (Electrolux) a Waiver from the DOE electric refrigerator 
and refrigerator-freezer test procedure, for certain basic models 
containing relative humidity sensors and adaptive control anti-sweat 
heaters. Under today's Decision and Order, Electrolux 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 December 15, 2009.

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 Title 10 of the Code of 
Federal Regulations (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 Electrolux a Waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures at 10 CFR Part 
430 subpart B, appendix A1, for certain basic models of refrigerator-
freezers with relative humidity sensors and adaptive control anti-sweat 
heaters, provided that Electrolux tests and rates such products using 
the alternate test procedure described in this notice. Today's decision 
prohibits Electrolux from making representations concerning the energy 
efficiency of these products unless such product has been tested 
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. 
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 December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Electrolux Home Products, Inc. (Case No. RF-009).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part A 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 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 the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics. 10 CFR 
430.27(b)(1)(iii).

[[Page 66339]]

    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). 
Waivers remain in effect pursuant to the provisions of 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 November 5, 2008, Electrolux filed a Petition for Waiver from 
the test procedures 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 Electrolux's new 
refrigerator-freezers that feature humidity sensors and adaptive 
control anti-sweat heaters. Consequently, Electrolux 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 June 4, 2009, DOE granted Electrolux an interim waiver and 
published Electrolux's petition for waiver. 74 FR 26853. DOE did not 
receive any comments on the Electrolux petition.

Assertions and Determinations

Electrolux's Petition for Waiver

    On November 5, 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 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, 
Electrolux's technology is similar to that used by the General Electric 
Company (GE) and Whirlpool Corporation (Whirlpool) for refrigerator-
freezers, which were the subject of Decision and Orders published at 73 
FR 10425 (February 27, 2008) and 74 FR 20695 (May 5, 2009), 
respectively. 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. Electrolux stated that the DOE test procedure 
does not accurately measure the energy consumption of its new 
refrigerators and refrigerator-freezers that feature variable anti-
sweat heater controls and adaptive heaters. Consequently, Electrolux 
has submitted for DOE approval an alternate test procedure that would 
allow it to correctly calculate the energy consumption of this new 
product line.
    Electrolux requested that it be permitted to use an alternate test 
procedure that is the same as that DOE prescribed for GE and Whirlpool 
refrigerators and refrigerator-freezers that are equipped with a 
similar technology. The alternate test procedure applicable to the GE 
and Whirlpool (and now Electrolux) 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 Electrolux Petition for waiver. The FTC staff did not 
have any objections to granting a waiver to Electrolux.

Conclusion

    After careful consideration of all the material that was submitted 
by Electrolux and consultation with the FTC staff, it is ordered that:
    (1) The ``Petition for Waiver'' submitted by Electrolux Home 
Products, Inc. (Case No. RF-009) is hereby granted as set forth in the 
paragraphs below.
    (2) Electrolux shall not be required to test or rate the following 
Electrolux models 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: EI28BS55IW, EI28BS55IB, 
EI28BS55IS, EW28BS70IW, EW28BS70IB, EW28BS70IS, EI23BC55IW, EI23BC55IB, 
EI23BC55IS, EW23BC70IW, EW23BC70IB, EW23BC70IS, E23BC78ISS, E23BC78PIS
    (3) Electrolux 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 Electrolux 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\1\)
---------------------------------------------------------------------------

    \1\ Called ``correction factor'' by GE. .

.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)

[[Page 66340]]

    + 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. Electrolux 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 such representations fairly disclose the 
results of such testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (6) This waiver is 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 December 8, 2009.

Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. E9-29779 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P
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