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, 4539-4545 [2010-1756]
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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
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[FR Doc. 2010–1747 Filed 1–27–10; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
[Case No. RF–012]
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.
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4539
SUMMARY: This notice announces receipt
of and publishes the Electrolux Home
Products, Inc. (Electrolux) 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 Electrolux’s product
lines that utilize a control logic that
changes the wattage of the anti-sweat
heaters based upon the ambient relative
humidity conditions 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 solicits comments,
data, and information concerning
Electrolux’s Petition and the suggested
alternate test procedure. DOE also
publishes notice of the grant of an
interim waiver to Electrolux.
DATES: DOE will accept comments, data,
and information with respect to the
Electrolux Petition until, but no later
than March 1, 2010.
ADDRESSES: You may submit comments,
identified by case number ‘‘RF–012,’’ 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 [Case
No. RF–012], 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/
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza, SW., (Resource Room of the
Building Technologies Program),
Washington, DC, 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: (1) This notice; (2)
public comments received; (3) the
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Petition for Waiver and Application for
Interim Waiver; and (4) prior DOE
rulemakings regarding similar
refrigerators and refrigerator-freezers.
Please call Ms. Brenda Edwards at the
above telephone number for additional
information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Michael
Kido, U.S. Department of Energy, Office
of the General Counsel, Mail Stop GC–
71, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. E-mail:
Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (‘‘EPCA’’) sets forth a
variety of provisions concerning energy
efficiency. Part 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)) The test procedure for
residential refrigerators and refrigeratorfreezers is contained in Title 10 of the
Code of Federal Regulations (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
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
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17:16 Jan 27, 2010
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unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data. 10 CFR 430.27(l).
Petitioners must include in their
petition any alternate test procedures
known to the petitioner to evaluate the
basic model in a manner representative
of its energy consumption. 10 CFR
430.27(b)(1)(iii). The Assistant Secretary
may grant the waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR
430.27(l). Waivers remain in effect
pursuant to the provisions of 10 CFR
430.27(m).
The waiver process also allows the
Assistant Secretary to grant an interim
waiver from test procedure
requirements to manufacturers that have
petitioned DOE for a waiver of such
prescribed test procedures. (10 CFR
430.27(a)(2); 430.27(g)) An interim
waiver remains in effect for a period of
180 days or until DOE issues its
determination on the petition for
waiver, whichever is sooner, and may
be extended for an additionally 180
days, if necessary. (10 CFR 430.27(h))
II. Petition for Waiver of Test Procedure
On December 4, 2009, 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 (72 FR 19189) and July
10, 2008, respectively (73 FR 39684).
GE’s waiver was granted on February
27, 2008 (73 FR 10425). Whirlpool’s
waiver was granted on May 5, 2009 (74
FR 20695). On November 6, 2008,
Electrolux filed a Petition for Waiver,
similar to the current Electrolux
Petition, from the test procedures
applicable to additional basic models of
residential refrigerators and refrigeratorfreezers. Electrolux’s November 2008
Petition was published in the Federal
Register on June 4, 2009. 74 FR 26853.
In that notice, DOE announced its grant
of an interim waiver to Electrolux, and
expanded that waiver to include four
additional models after receiving
supplemental information from the
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company. DOE granted Electrolux’s
November 2008 petition for waiver on
December 15, 2009. 74 FR 66338.
In its December 2009 petition, as in its
November 2008 petition, Electrolux
seeks a waiver from the existing DOE
test procedure applicable to refrigerators
and refrigerator-freezers under 10 CFR
part 430 because the existing test
procedure takes neither ambient
humidity nor adaptive technology into
account. Therefore, Electrolux states
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
the same in all relevant particulars as
that prescribed for GE, Whirlpool and
Electrolux itself for refrigerators and
refrigerator-freezers that are equipped
with the same type of technology. The
alternate test procedure applicable to
these products simulates the energy
used by the adaptive heaters in a typical
consumer household, as explained in
the Decision and Order that DOE
published in the Federal Register on
February 27, 2008. 73 FR 10425. DOE
believes that 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
Electrolux also requests an interim
waiver from the existing DOE test
procedure. Under 10 CFR 430.27(b)(2),
each Application for Interim Waiver
‘‘shall demonstrate likely success of the
Petition for Waiver and shall address
what economic hardship and/or
competitive disadvantage is likely to
result absent a favorable determination
on the Application for 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))
DOE determined that Electrolux’s
application for interim waiver does not
provide sufficient market, equipment
price, shipments, and other
manufacturer impact information to
permit DOE to evaluate the economic
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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
hardship Electrolux might experience
absent a favorable determination on its
application for interim waiver. DOE
understands, however, that absent an
Interim Waiver, Electrolux’s products
would not otherwise be tested and rated
for energy consumption on a
comparable basis with equivalent GE
and Whirlpool products where DOE
previously granted waivers, and would
be required to represent a higher energy
consumption for essentially the same
product. Furthermore, it appears likely
that Electrolux’s Petition for Waiver will
be granted, and it is desirable for public
policy reasons to grant Electrolux
immediate relief pending a
determination on the petition for
waiver. As stated above, DOE has
already granted similar waivers to GE,
Whirlpool and Electrolux because the
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This interim waiver is conditioned
upon the presumed validity of
statements, representations, and
documents provided by the petitioner.
DOE may revoke or modify this interim
waiver at any time upon a
determination that the factual basis
underlying the petition for waiver is
incorrect, or upon a determination that
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics.
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IV. 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
VerDate Nov<24>2008
test procedure does not accurately
represent the energy consumption of
refrigerator-freezers containing relative
humidity sensors and adaptive control
anti-sweat heaters. The rationale for
granting these waivers is equally
applicable to Electrolux, which has
products containing similar relative
humidity sensors and anti-sweat
heaters. DOE has also concluded that it
is in the public interest to have similar
products tested and rated for energy
consumption on a comparable basis.
For the reasons stated above, DOE
grants Electrolux’s application for
interim waiver from testing of its
refrigerator-freezer product line
containing relative humidity sensors
and adaptive control anti-sweat heaters.
Therefore, it is ordered that:
The Application for interim waiver
filed by Electrolux is hereby granted for
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Electrolux’s refrigerator-freezer product
line containing relative humidity
sensors and adaptive control anti-sweat
heaters, subject to the specifications and
conditions below.
1. Electrolux shall not be required to
test or rate its refrigerator-freezer
product line containing relative
humidity sensors and adaptive control
anti-sweat heaters on the basis of the
test procedure under 10 CFR part 430
subpart B, appendix A1.
2. Electrolux shall be required to test
and rate its refrigerator-freezer product
line containing relative humidity
sensors and adaptive control anti-sweat
heaters according to the alternate test
procedure as set forth in section IV,
‘‘Alternate test procedure.’’
The interim waiver applies to the
following basic model groups:
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energy consumption will be calculated
by the same methodology that was set
forth in the GE Petition. 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.
For the duration of the interim
waiver, Electrolux shall be required to
test the products listed 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 above only:
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(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
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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 + (Correction Factor)
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.
Correction Factor = (Anti-sweat Heater
Power × System ¥ loss Factor) ×
(24 hrs/1 day) × (1 kW/1000 W)
Where:
Anti-sweat Heater Power = A1 * (Heater
Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)
Where A1–A10 are from the following table:
A1
A2
A3
A4
A5
=
=
=
=
=
0.034
0.211
0.204
0.166
0.126
A6 = 0.119
A7 = 0.069
A8 = 0.047
A9 = 0.008
A10 = 0.015
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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
V. Summary and Request for Comments
Through today’s notice, DOE grants
Electrolux an interim waiver from the
specified portions of the test procedure
applicable to Electrolux’s new line of
refrigerators and refrigerator-freezers
with variable anti-sweat heater controls
and adaptive heaters and announces
receipt of Electrolux’s petition for
waiver from those same portions of the
test procedure. DOE publishes
Electrolux’s petition for waiver in its
entirety pursuant to 10 CFR
430.27(b)(1)(iv). The petition contains
no confidential information. The
petition includes a suggested alternate
test procedure and calculation
methodology to determine the energy
consumption of Electrolux’s specified
refrigerators and refrigerator-freezers
with adaptive anti-sweat heaters.
Electrolux is required to follow this
alternate procedure as a condition of its
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17:16 Jan 27, 2010
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interim waiver, and DOE is considering
including this alternate procedure in its
subsequent Decision and Order.
DOE solicits 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. 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. 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 Interchange (ASCII)) file
format and avoid the use of special
characters or any form of encryption.
Wherever possible, include the
electronic signature of the author. DOE
does not accept telefacsimiles (faxes).
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies to DOE: One
copy of the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Issued in Washington, DC, on January 22,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
December 4, 2009
Via Overnight Delivery
The Honorable Catherine Zoi, Assistant
Secretary
Office of Energy Efficiency and
Renewable Energy
U.S. Department of Energy
Mail Station EE–10
Forrestal Building
1000 Independence Avenue, SW
Washington, DC 20585–0121
Writer’s Direct Access
Sheila A. Millar
(202) 434–4143
millar@khlaw.com
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.
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Dear Secretary Zoi:
On behalf of our client, Electrolux
Home Products, Inc. (‘‘Electrolux’’), we
respectfully submit 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
residential refrigerator and refrigeratorfreezer energy consumption under 10
CFR § 430.27. The requested waiver will
allow Electrolux to test its refrigeratorfreezer 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. Petition for Waiver
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. On
February 27, 2008 and May 5, 2009, the
Department granted Petitions for Waiver
filed respectively by General Electric
Corporation (‘‘GE’’) and Whirlpool
Corporation (‘‘Whirlpool’’) to establish a
new methodology to calculate the
energy consumption of a refrigeratorfreezer when such a product contains
adaptive anti-sweat heaters.1
Electrolux has developed its own
adaptive anti-sweat system that uses a
humidity sensor to operate the antisweat heaters. On November 6, 2008,
Electrolux filed a Petition for Waiver
and Application for Interim Waiver
from the test procedure applicable to
residential electric refrigerators and
refrigerator-freezers. Having determined
that Electrolux is seeking a waiver
similar to the one granted to GE, and
that the Electrolux Petition is likely to
be granted, the Department on March 3,
2009, granted Electrolux an Interim
Waiver, which was expanded on June 4,
2009, to cover four additional models.2
On July 13, 2009, Electrolux filed a
second Petition for Waiver and
Application for Interim Waiver for
residential electric refrigerators and
1 Decision and Order Granting a Waiver to the
General Electric Company From the Department of
Energy Residential Refrigerator and RefrigeratorFreezer Test Procedure (Case No. RF–007), 73 Fed.
Reg. 10,425; Energy Conservation Program for
Consumer Products: Decision and Order Granting a
Waiver to Whirlpool Corporation From the
Department of Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedure, 74 Fed. Reg.
20,695.
2 See 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 RefrigeratorFreezer Test Procedures, 74 Fed. Reg. 26,853 (June
4, 2009).
E:\FR\FM\28JAN1.SGM
28JAN1
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
refrigerator freezers with the
Department that is still pending.
Department 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.3
In the interim, however, Electrolux is
developing and planning to shortly
introduce into the marketplace new
models that use adaptive anti-sweat
technology. Accordingly, Electrolux is
filing this Petition for Waiver and
Application for Interim Waiver to
address these new models.
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.’’ 4
Electrolux respectfully submits that
sufficient grounds exist for the Assistant
Secretary to grant this Petition on both
points. First, the refrigerator energy test
mstockstill on DSKH9S0YB1PROD with NOTICES
CRS23***
CRS26***
FFHS23****
FFUS23****
FGHS23****
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CFR § 430.27(m).
CFR § 430.27(l).
5 10 CFR Part 430, Subpart B, App. A1.
6 Granting of the Application for Interim Waiver
and Publishing of the Petition for Waiver of
4 10
A. 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
FFCU23****
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As with the models covered by the
prior petitions, Electrolux proposes to
run the energy-consumption test with
the anti-sweat heater switch in the ‘‘off’’
position and then, because the test
3 10
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 models
cannot be properly tested.
Second, testing Electrolux’s new
refrigerator models according to the
existing test procedure would provide
results that do not accurately measure
the energy used by the new refrigerator.
FGHS26****
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4543
of the humidity or amount of sweat on
the unit.
B. 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.6 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 following basic Electrolux
refrigerator and refrigerator-freezer
models featuring anti-sweat technology
are subject to this Petition and include,
but are not limited to, bottom mount,
bottom mount French door, and side by
side models, with and without through
the door ice and water. The actual
model numbers will vary to account for
year of manufacture, product color, or
other features (e.g., whether or not the
unit has through the door ice and water
or other features), but will always
include anti-sweat technology whose
energy impact is calculated in
accordance with this Petition.
FGHB28****
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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 Whirlpool in
their Petitions for Waiver,7 as well as by
Electrolux Home Products from the DOE
Refrigerator and Refrigerator-Freezer Test Procedure
(Case No. RF–005), 66 Fed. Reg. 40,689 (Aug. 3,
2001).
7 Publication of the Petition for Waiver of General
Electric Company From the Department of Energy
Refrigerator and Refrigerator/Freezer Test
Procedures, 72 Fed. Reg. 19,189 (Apr. 17, 2007);
Publication of the Petition for Waiver of Whirlpool
Continued
VerDate Nov<24>2008
17:16 Jan 27, 2010
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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
Electrolux in its earlier Petition. 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
Probability
(percent)
1. 0–10 ..............
2. 10–20 ............
3. 20–30 ............
4. 30–40 ............
5. 40–50 ............
6. 50–60 ............
7. 60–70 ............
8. 70–60 ............
9. 80–90 ............
10. 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
mstockstill on DSKH9S0YB1PROD with NOTICES
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 μ System-loss Factor) μ (24
hours/1 day) μ (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
Corporation From the Department of Energy
Refrigerator and Refrigerator/Freezer Test
Procedures, 73 Fed. Reg. 39,684 (July 10, 2008).
VerDate Nov<24>2008
17:53 Jan 27, 2010
Jkt 220001
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).
II. Application for Interim Waiver
Pursuant to Department regulations,
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.’’ 8
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
8 10
PO 00000
CFR § 430.27(g).
Frm 00022
Fmt 4703
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
November 6, 2008 and July 13, 2009,
Petitions for Waiver and Applications
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.
In addition to more fairly and
accurately representing the actual
energy usage of appliances equipped
with this technology, anti-sweat heaters
are now a well-recognized and widely
used technology in the industry. The
alternate test procedure that is the
subject of this Waiver request is now the
established method by which the energy
performance of anti-sweat heaters is
measured, and Electrolux has invested
heavily to implement this procedure for
its new models. Consequently, requiring
Electrolux to use the energy test
procedure at 10 CFR § 430.27 would
impose an economic hardship on the
Company. The adaptive anti-sweat
system in the Electrolux models
referenced above is similar to those
addressed by the March 3, 2009 Interim
Waiver granted to Electrolux by the
Department, and June 4, 2009, Federal
Register notice.9 Accordingly,
Electrolux respectfully submits that
sufficient grounds exist for the Assistant
Secretary to grant the Electrolux
Application for Interim Waiver.
III. Conclusion
Electrolux urges the Assistant
Secretary to grant its Petition for Waiver
and Application for Interim Waiver to
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.
IV. Affected Persons
Primarily affected persons in the
refrigerator-freezer category include
BSH Home Appliances Corp. (Bosch9 See
Sfmt 4703
E:\FR\FM\28JAN1.SGM
supra note 2.
28JAN1
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
Siemens Hausgerate GmbH), Equator,
Fisher & Paykel Appliances Inc., GE
Appliances, Haier America Trading,
L.L.C., Heartland Appliances, Inc.,
Liebherr Hausgerate, LG Electronics
Inc., Northland Corporation, Electrolux
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. 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
[FR Doc. 2010–1756 Filed 1–27–10; 8:45 am]
DEPARTMENT OF ENERGY
Proposed Subsequent Arrangement
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Office of International Regimes
and Agreements, Department of Energy.
ACTION: Subsequent Arrangement.
SUMMARY: This notice has been issued
under the authority of Section 131 of the
Atomic Energy Act of 1954, as amended
(42 U.S.C. 2160). The Department is
providing notice of a proposed
subsequent arrangement under the
Agreement for Cooperation between the
United States of America and the
Government of Canada Concerning
Peaceful Uses of Nuclear Energy and the
Agreement for Cooperation in the
Peaceful Uses of Nuclear Energy
between the United States and the
European Atomic Energy Community
(EURATOM).
This subsequent arrangement
concerns the retransfer of 229,290 kg of
U.S.-origin natural uranium
hexafluoride (67.6%), 155,000 kg of
which is uranium, from Cameco in
Saskatoon, Saskatchewan, Canada to
Urenco in Capenhurst Works, Chester,
United Kingdom. The material, which is
currently located at Cameco, Blind
River, will be transferred to Urenco for
toll enrichment at their Capenhurst UK
facility. The natural uranium
hexafluoride was originally obtained by
Cameco from Crowe Butte Resources
Inc. pursuant to export license
XSOU8798.
In accordance with Section 131 of the
Atomic Energy Act of 1954, as amended,
we have determined that this
subsequent arrangement will not be
17:16 Jan 27, 2010
Jkt 220001
Dated: January 21, 2010.
For the Department of Energy.
Richard Goorevich,
Director, Office of International Regimes and
Agreements.
For the Department of Energy.
Richard Goorevich,
Director, Office of International Regimes and
Agreements.
[FR Doc. 2010–1754 Filed 1–27–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[FR Doc. 2010–1750 Filed 1–27–10; 8:45 am]
[Project No. 7481–145]
BILLING CODE 6450–01–P
NYSD Limited Partnership; Notice of
Application for Amendment of License
and Soliciting Comments, Motions To
Intervene, and Protests
DEPARTMENT OF ENERGY
Proposed Subsequent Arrangement
Office of International Regimes
and Agreements, Department of Energy.
AGENCY:
ACTION:
BILLING CODE 6450–01–P
VerDate Nov<24>2008
inimical to the common defense and
security.
This subsequent arrangement will
take effect no sooner than fifteen days
after the date of publication of this
notice.
4545
Subsequent arrangement.
SUMMARY: This notice has been issued
under the authority of Section 131 of the
Atomic Energy Act of 1954, as amended
(42 U.S.C. 2160). The Department is
providing notice of a proposed
subsequent arrangement under the
Agreement for Cooperation between the
United States of America and the
Government of Canada Concerning
Peaceful Uses of Nuclear Energy and the
Agreement for Cooperation in the
Peaceful Uses of Nuclear Energy
between the United States and the
European Atomic Energy Community
(EURATOM).
This subsequent arrangement
concerns the retransfer of 229,290 kg of
U.S.-origin natural uranium
hexafluoride (67.6%), 155,000 kg of
which is uranium, from Cameco in
Saskatoon, Saskatchewan, Canada to
Urenco in Capenhurst Works, Chester,
United Kingdom. The material, which is
currently located at Cameco, Blind
River, will be transferred to Urenco for
toll enrichment at their Capenhurst UK
facility. The natural uranium
hexafluoride was originally obtained by
Cameco from Crowe Butte Resources
Inc. pursuant to export license
XSOU8798.
In accordance with Section 131 of the
Atomic Energy Act of 1954, as amended,
we have determined that this
subsequent arrangement will not be
inimical to the common defense and
security.
This subsequent arrangement will
take effect no sooner than fifteen days
after the date of publication of this
notice.
Dated: January 21, 2010.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
January 21, 2010.
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection:
a. Application Type: Amendment of
recreation plan.
b. Project No: 7481–145.
c. Date Filed: October 27, 2009.
d. Applicant: Boralex Hydro
Operations, Inc., on behalf of NYSD
Limited Partnership.
e. Name of Project: New York State
Dam Hydroelectric Project.
f. Location: Mohawk River in Albany
and Saratoga Counties, NY.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791a—825r.
h. Applicant Contact: Daniel McCarty,
Boralex Hydro Operations, Inc., 39
Hudson Falls Road, South Glens Falls,
New York 12803. Tel: (518) 747–0930.
i. FERC Contact: Mark Carter, (202)
502–6554, and e-mail
mark.carter@ferc.gov.
j. Deadline for filing comments,
motions to intervene, and protests:
February 22, 2010.
All documents (original and eight
copies) should be filed with: Secretary,
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426. Please include the project
number (P–7481–145) on any comments
or motions filed.
The Commission’s Rules of Practice
and Procedure require all interveners
filing documents with the Commission
to serve a copy of that document on
each person whose name appears on the
official service list for the project.
Further, if an intervener files comments
or documents with the Commission
relating to the merits of an issue that
may affect the responsibilities of a
particular resource agency, it must also
serve a copy of the document on that
resource agency. A copy of any motion
to intervene must also be served upon
each representative of the Applicant
specified in the particular application.
E:\FR\FM\28JAN1.SGM
28JAN1
Agencies
[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4539-4545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1756]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case No. RF-012]
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 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
Electrolux's product lines that utilize a control logic that changes
the wattage of the anti-sweat heaters based upon the ambient relative
humidity conditions 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 solicits comments, data, and
information concerning Electrolux's Petition and the suggested
alternate test procedure. DOE also publishes notice of the grant of an
interim waiver to Electrolux.
DATES: DOE will accept comments, data, and information with respect to
the Electrolux Petition until, but no later than March 1, 2010.
ADDRESSES: You may submit comments, identified by case number ``RF-
012,'' 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 [Case No. RF-012], 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/1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Please submit one signed original
paper copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the
[[Page 4540]]
Petition for Waiver and Application for Interim Waiver; and (4) prior
DOE rulemakings regarding similar refrigerators and refrigerator-
freezers. Please call Ms. Brenda Edwards at the above telephone number
for additional information regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy,
Office of the General Counsel, Mail Stop GC-71, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:
(202) 586-8145. E-mail: Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and Conservation Act (``EPCA'') sets
forth a variety of provisions concerning energy efficiency. Part 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)) The test procedure for residential
refrigerators and refrigerator-freezers is contained in Title 10 of the
Code of Federal Regulations (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 determined that the basic model for which
the petition for waiver was submitted contains one or more design
characteristics that prevents testing of the basic model according to
the prescribed test procedures, or if the prescribed test procedures
may evaluate the basic model in a manner so unrepresentative of its
true energy consumption characteristics as to provide materially
inaccurate comparative data. 10 CFR 430.27(l). Petitioners must include
in their petition any alternate test procedures known to the petitioner
to evaluate the basic model in a manner representative of its energy
consumption. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary may
grant the waiver subject to conditions, including adherence to
alternate test procedures. 10 CFR 430.27(l). Waivers remain in effect
pursuant to the provisions of 10 CFR 430.27(m).
The waiver process also allows the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures.
(10 CFR 430.27(a)(2); 430.27(g)) An interim waiver remains in effect
for a period of 180 days or until DOE issues its determination on the
petition for waiver, whichever is sooner, and may be extended for an
additionally 180 days, if necessary. (10 CFR 430.27(h))
II. Petition for Waiver of Test Procedure
On December 4, 2009, 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 (72 FR 19189) and July 10, 2008, respectively
(73 FR 39684). GE's waiver was granted on February 27, 2008 (73 FR
10425). Whirlpool's waiver was granted on May 5, 2009 (74 FR 20695). On
November 6, 2008, Electrolux filed a Petition for Waiver, similar to
the current Electrolux Petition, from the test procedures applicable to
additional basic models of residential refrigerators and refrigerator-
freezers. Electrolux's November 2008 Petition was published in the
Federal Register on June 4, 2009. 74 FR 26853. In that notice, DOE
announced its grant of an interim waiver to Electrolux, and expanded
that waiver to include four additional models after receiving
supplemental information from the company. DOE granted Electrolux's
November 2008 petition for waiver on December 15, 2009. 74 FR 66338.
In its December 2009 petition, as in its November 2008 petition,
Electrolux seeks a waiver from the existing DOE test procedure
applicable to refrigerators and refrigerator-freezers under 10 CFR part
430 because the existing test procedure takes neither ambient humidity
nor adaptive technology into account. Therefore, Electrolux states 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 the same in all relevant particulars as that prescribed
for GE, Whirlpool and Electrolux itself for refrigerators and
refrigerator-freezers that are equipped with the same type of
technology. The alternate test procedure applicable to these products
simulates the energy used by the adaptive heaters in a typical consumer
household, as explained in the Decision and Order that DOE published in
the Federal Register on February 27, 2008. 73 FR 10425. DOE believes
that 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
Electrolux also requests an interim waiver from the existing DOE
test procedure. Under 10 CFR 430.27(b)(2), each Application for Interim
Waiver ``shall demonstrate likely success of the Petition for Waiver
and shall address what economic hardship and/or competitive
disadvantage is likely to result absent a favorable determination on
the Application for 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))
DOE determined that Electrolux's application for interim waiver
does not provide sufficient market, equipment price, shipments, and
other manufacturer impact information to permit DOE to evaluate the
economic
[[Page 4541]]
hardship Electrolux might experience absent a favorable determination
on its application for interim waiver. DOE understands, however, that
absent an Interim Waiver, Electrolux's products would not otherwise be
tested and rated for energy consumption on a comparable basis with
equivalent GE and Whirlpool products where DOE previously granted
waivers, and would be required to represent a higher energy consumption
for essentially the same product. Furthermore, it appears likely that
Electrolux's Petition for Waiver will be granted, and it is desirable
for public policy reasons to grant Electrolux immediate relief pending
a determination on the petition for waiver. As stated above, DOE has
already granted similar waivers to GE, Whirlpool and Electrolux because
the test procedure does not accurately represent the energy consumption
of refrigerator-freezers containing relative humidity sensors and
adaptive control anti-sweat heaters. The rationale for granting these
waivers is equally applicable to Electrolux, which has products
containing similar relative humidity sensors and anti-sweat heaters.
DOE has also concluded that it is in the public interest to have
similar products tested and rated for energy consumption on a
comparable basis.
For the reasons stated above, DOE grants Electrolux's application
for interim waiver from testing of its refrigerator-freezer product
line containing relative humidity sensors and adaptive control anti-
sweat heaters. Therefore, it is ordered that:
The Application for interim waiver filed by Electrolux is hereby
granted for Electrolux's refrigerator-freezer product line containing
relative humidity sensors and adaptive control anti-sweat heaters,
subject to the specifications and conditions below.
1. Electrolux shall not be required to test or rate its
refrigerator-freezer product line containing relative humidity sensors
and adaptive control anti-sweat heaters on the basis of the test
procedure under 10 CFR part 430 subpart B, appendix A1.
2. Electrolux shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive
control anti-sweat heaters according to the alternate test procedure as
set forth in section IV, ``Alternate test procedure.''
The interim waiver applies to the following basic model groups:
CRS23*** FFCU23**** FGHS26**** FGUN23**** FGHB28****
CRS26*** FGHC23**** FGUS26**** FPHN23**** FGUB28****
FFHS23**** FGCU23**** FPHS26**** FPUN23**** FPHB28****
FFUS23**** FPHC23**** FPUS26**** EI23BC**** FPUB28****
FGHS23**** FPCU23**** EI26SS**** EW23BC**** FGHN28****
FGUS23**** FFSC23**** EW26SS**** E23BC***** FGUN28****
FPHS23**** EI23CS**** FGHF23**** FFHB26**** FPHN28****
FPUS23**** EW23CS**** FGUB23**** FFUB26**** FPUN28****
EI23SS**** E23CS**** FPHF23**** FFHN26**** EI28BS****
EW23SS**** FFHS26**** FPUB23**** FFUN26**** EW28BS****
FFHC23**** FFUS26**** FGHN23**** EI26BS****
This interim waiver is conditioned upon the presumed validity of
statements, representations, and documents provided by the petitioner.
DOE may revoke or modify this interim waiver at any time upon a
determination that the factual basis underlying the petition for waiver
is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. 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. 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.
For the duration of the interim waiver, Electrolux shall be
required to test the products listed 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 above 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
[[Page 4542]]
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 + (Correction Factor)
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.
Correction Factor = (Anti-sweat Heater Power x System - loss Factor) x
(24 hrs/1 day) x (1 kW/1000 W)
Where:
Anti-sweat Heater Power = A1 * (Heater Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)
Where A1-A10 are from the following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
A1 = 0.034 A6 = 0.119
A2 = 0.211 A7 = 0.069
A3 = 0.204 A8 = 0.047
A4 = 0.166 A9 = 0.008
A5 = 0.126 A10 = 0.015
------------------------------------------------------------------------
Heater Watts at a specific relative humidity = the nominal watts
used by all heaters at that specific relative humidity, 72[deg]F
ambient, and DOE reference temperatures of fresh food (FF) average
temperature of 45 [deg]F and freezer (FZ) average temperature of 5
[deg]F.
System-loss Factor = 1.3
V. Summary and Request for Comments
Through today's notice, DOE grants Electrolux an interim waiver
from the specified portions of the test procedure applicable to
Electrolux's new line of refrigerators and refrigerator-freezers with
variable anti-sweat heater controls and adaptive heaters and announces
receipt of Electrolux's petition for waiver from those same portions of
the test procedure. DOE publishes Electrolux's petition for waiver in
its entirety pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains
no confidential information. The petition includes a suggested
alternate test procedure and calculation methodology to determine the
energy consumption of Electrolux's specified refrigerators and
refrigerator-freezers with adaptive anti-sweat heaters. Electrolux is
required to follow this alternate procedure as a condition of its
interim waiver, and DOE is considering including this alternate
procedure in its subsequent Decision and Order.
DOE solicits 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. 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. 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 Interchange (ASCII)) file
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. DOE does not accept telefacsimiles (faxes).
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies to DOE: One copy of the document
including all the information believed to be confidential, and one copy
of the document with the information believed to be confidential
deleted. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Issued in Washington, DC, on January 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
December 4, 2009
Via Overnight Delivery
The Honorable Catherine Zoi, Assistant Secretary
Office of Energy Efficiency and Renewable Energy
U.S. Department of Energy
Mail Station EE-10
Forrestal Building
1000 Independence Avenue, SW
Washington, DC 20585-0121
Writer's Direct Access
Sheila A. Millar
(202) 434-4143
millar@khlaw.com
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 Zoi:
On behalf of our client, Electrolux Home Products, Inc.
(``Electrolux''), we respectfully submit 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
residential refrigerator and refrigerator-freezer energy consumption
under 10 CFR Sec. 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. Petition for Waiver
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. On February 27, 2008 and May 5, 2009, the Department
granted Petitions for Waiver filed respectively by General Electric
Corporation (``GE'') and Whirlpool Corporation (``Whirlpool'') to
establish a new methodology to calculate the energy consumption of a
refrigerator-freezer when such a product contains adaptive anti-sweat
heaters.\1\
---------------------------------------------------------------------------
\1\ Decision and Order Granting a Waiver to the General Electric
Company From the Department of Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedure (Case No. RF-007), 73 Fed. Reg.
10,425; Energy Conservation Program for Consumer Products: Decision
and Order Granting a Waiver to Whirlpool Corporation From the
Department of Energy Residential Refrigerator and Refrigerator-
Freezer Test Procedure, 74 Fed. Reg. 20,695.
---------------------------------------------------------------------------
Electrolux has developed its own adaptive anti-sweat system that
uses a humidity sensor to operate the anti-sweat heaters. On November
6, 2008, Electrolux filed a Petition for Waiver and Application for
Interim Waiver from the test procedure applicable to residential
electric refrigerators and refrigerator-freezers. Having determined
that Electrolux is seeking a waiver similar to the one granted to GE,
and that the Electrolux Petition is likely to be granted, the
Department on March 3, 2009, granted Electrolux an Interim Waiver,
which was expanded on June 4, 2009, to cover four additional models.\2\
On July 13, 2009, Electrolux filed a second Petition for Waiver and
Application for Interim Waiver for residential electric refrigerators
and
[[Page 4543]]
refrigerator freezers with the Department that is still pending.
---------------------------------------------------------------------------
\2\ See 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, 74 Fed. Reg. 26,853 (June 4, 2009).
---------------------------------------------------------------------------
Department 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.\3\
---------------------------------------------------------------------------
\3\ 10 CFR Sec. 430.27(m).
---------------------------------------------------------------------------
In the interim, however, Electrolux is developing and planning to
shortly introduce into the marketplace new models that use adaptive
anti-sweat technology. Accordingly, Electrolux is filing this Petition
for Waiver and Application for Interim Waiver to address these new
models.
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.'' \4\
---------------------------------------------------------------------------
\4\ 10 CFR Sec. 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 models cannot be properly
tested.
Second, testing Electrolux's new refrigerator models according to
the existing test procedure would provide results that do not
accurately measure the energy used by the new refrigerator.
A. 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 of the humidity or
amount of sweat on the unit.
---------------------------------------------------------------------------
\5\ 10 CFR Part 430, Subpart B, App. A1.
---------------------------------------------------------------------------
B. 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.\6\
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.
---------------------------------------------------------------------------
\6\ 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 Fed. Reg. 40,689 (Aug. 3, 2001).
---------------------------------------------------------------------------
The following basic Electrolux refrigerator and refrigerator-
freezer models featuring anti-sweat technology are subject to this
Petition and include, but are not limited to, bottom mount, bottom
mount French door, and side by side models, with and without through
the door ice and water. The actual model numbers will vary to account
for year of manufacture, product color, or other features (e.g.,
whether or not the unit has through the door ice and water or other
features), but will always include anti-sweat technology whose energy
impact is calculated in accordance with this Petition.
CRS23*** FFCU23**** FGHS26**** FGUN23**** FGHB28****
CRS26*** FGHC23**** FGUS26**** FPHN23**** FGUB28****
FFHS23**** FGCU23**** FPHS26**** FPUN23**** FPHB28****
FFUS23**** FPHC23**** FPUS26**** EI23BC**** FPUB28****
FGHS23**** FPCU23**** EI26SS**** EW23BC**** FGHN28****
FGUS23**** FFSC23**** EW26SS**** E23BC***** FGUN28****
FPHS23**** EI23CS**** FGHF23**** FFHB26**** FPHN28****
FPUS23**** EW23CS**** FGUB23**** FFUB26**** FPUN28****
EI23SS**** E23CS**** FPHF23**** FFHN26**** EI28BS****
EW23SS**** FFHS26**** FPUB23**** FFUN26**** EW28BS****
FFHC23**** FFUS26**** FGHN23**** EI26BS**** ....................
As with the models covered by the prior petitions, 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 Whirlpool in their Petitions
for Waiver,\7\ as well as by
[[Page 4544]]
Electrolux in its earlier Petition. 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.
---------------------------------------------------------------------------
\7\ Publication of the Petition for Waiver of General Electric
Company From the Department of Energy Refrigerator and Refrigerator/
Freezer Test Procedures, 72 Fed. Reg. 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 Fed. Reg. 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:
------------------------------------------------------------------------
Probability Constant
% Relative 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).
II. Application for Interim Waiver
Pursuant to Department regulations, 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.'' \8\
---------------------------------------------------------------------------
\8\ 10 CFR Sec. 430.27(g).
---------------------------------------------------------------------------
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 November 6, 2008 and July 13,
2009, Petitions for Waiver and Applications 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.
In addition to more fairly and accurately representing the actual
energy usage of appliances equipped with this technology, anti-sweat
heaters are now a well-recognized and widely used technology in the
industry. The alternate test procedure that is the subject of this
Waiver request is now the established method by which the energy
performance of anti-sweat heaters is measured, and Electrolux has
invested heavily to implement this procedure for its new models.
Consequently, requiring Electrolux to use the energy test procedure at
10 CFR Sec. 430.27 would impose an economic hardship on the Company.
The adaptive anti-sweat system in the Electrolux models referenced
above is similar to those addressed by the March 3, 2009 Interim Waiver
granted to Electrolux by the Department, and June 4, 2009, Federal
Register notice.\9\ Accordingly, Electrolux respectfully submits that
sufficient grounds exist for the Assistant Secretary to grant the
Electrolux Application for Interim Waiver.
---------------------------------------------------------------------------
\9\ See supra note 2.
---------------------------------------------------------------------------
III. Conclusion
Electrolux urges the Assistant Secretary to grant its Petition for
Waiver and Application for Interim Waiver to 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.
IV. Affected Persons
Primarily affected persons in the refrigerator-freezer category
include BSH Home Appliances Corp. (Bosch-
[[Page 4545]]
Siemens Hausgerate GmbH), Equator, Fisher & Paykel Appliances Inc., GE
Appliances, Haier America Trading, L.L.C., Heartland Appliances, Inc.,
Liebherr Hausgerate, LG Electronics Inc., Northland Corporation,
Electrolux 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. 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
[FR Doc. 2010-1756 Filed 1-27-10; 8:45 am]
BILLING CODE 6450-01-P