Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver, 19959-19963 [2010-8772]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–014]
Energy Conservation Program for
Consumer Products: Notice of Petition
for Waiver of Samsung Electronics
America, Inc. From the Department of
Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedure,
and Grant of Interim Waiver
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
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. Today’s notice
also grants an interim waiver of the test
procedures applicable to residential
refrigerator-freezers to additional
Samsung basic models. Through this
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document, DOE also solicits comments
with respect to the Samsung petition.
DATES: DOE will accept comments, data,
and information with respect to the
Samsung petition until, but no later
than May 17, 2010.
ADDRESSES: You may submit comments,
identified by case number RF–014, 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–014], 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/
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
Interchange (ASCII)) file format and
avoid the use of special characters or
any form of encryption. Wherever
possible, include the electronic
signature of the author. DOE does not
accept telefacsimiles (faxes).
Any person submitting written
comments must also send a copy of
such comments to the petitioner,
pursuant to 10 CFR 431.401(d). 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.
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.
Docket: For access to the docket to
review the background documents
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relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza, SW., (Resource Room of the
Building Technologies Program),
Washington, DC 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: (1) This notice; (2)
public comments received; (3) the
petition for waiver and application for
interim waiver; and (4) prior DOE
waivers and rulemakings regarding
similar central air conditioning and heat
pump equipment. Please call Ms.
Brenda Edwards at the above telephone
number for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–7796. E-mail:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (‘‘EPCA’’) sets forth a
variety of provisions concerning energy
efficiency. Part 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 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
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which the petition for waiver was
submitted contains one or more design
characteristics that prevents testing of
the basic model according to the
prescribed test procedures, or if the
prescribed test procedures may evaluate
the basic model in a manner so
unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data. 10 CFR 430.27(l).
Petitioners must include in their
petition any alternate test procedures
known to the petitioner to evaluate the
basic model in a manner representative
of its energy consumption. 10 CFR
430.27(b)(1)(iii). The Assistant Secretary
may grant the waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR
430.27(l). Waivers remain in effect
pursuant to the provisions of 10 CFR
430.27(m).
The waiver process also allows the
Assistant Secretary to grant an interim
waiver from test procedure
requirements to manufacturers that have
petitioned DOE for a waiver of such
prescribed test procedures. (10 CFR
430.27(a)(2)) An interim waiver remains
in effect for 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))
On September 9, 2009, Samsung filed
a petition for waiver and application for
interim waiver from the test procedure
applicable to residential electric
refrigerators and refrigerator-freezers set
forth in 10 CFR part 430, subpart B,
appendix A1. The products covered by
the petition employ adaptive anti-sweat
heaters, which detect and respond to
temperature and humidity conditions,
and then activate adaptive heaters as
needed to evaporate excess moisture.
DOE published Samsung’s petition for
waiver for residential refrigeratorfreezers with adaptive anti-sweat
heaters, as well as its grant of interim
waiver to Samsung for these products,
in the Federal Register on December 15,
2009. 74 FR 66340. DOE granted
Samsung’s petition for waiver on March
18, 2010 (75 FR 13120).
II. Petition for Waiver
On February 1, 2010, Samsung
informed DOE in a petition dated
January 20, 2010, that after it filed its
petition for waiver in September 2009 it
developed additional basic models with
adaptive anti-sweat heater technology.
Samsung asserted that these new
products function and operate the same
way as the basic models listed in
Samsung’s September 2009 petition
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with respect to the properties that made
those products eligible for a waiver.
Therefore, Samsung requested that DOE
add these models to the list of basic
models for which the interim waiver
was granted. In addition, Samsung
requested that DOE grant a new waiver
for these additional basic models. The
following additional products are
covered by the January 2010 waiver
request:
RB***H***, RF***H***,
RF#***H***, RS***H***, RS#***H***.
The additional basic models of
refrigerators and refrigerator-freezers
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. Samsung’s technology is
similar to that used by General Electric
Company (GE), Whirlpool Corporation
(Whirlpool), and Electrolux for
refrigerator-freezers which were the
subject of petitions for waiver published
April 17, 2007 (72 FR 19189), July 10,
2008 (73 FR 39684), and January 28,
2010 (75 FR 4539), respectively. GE’s
waiver was granted on February 27,
2008 (73 FR 10425); Whirlpool’s waiver
was granted on May 5, 2009 (74 FR
20695); and Electrolux’s waiver was
granted on March 11, 2010 (75 FR
11530). Samsung seeks a waiver from
the existing DOE test procedure
applicable to refrigerators and
refrigerator-freezers under 10 CFR Part
430 because it takes neither ambient
humidity nor adaptive technology into
account. Therefore, Samsung stated that
the test procedure does not accurately
measure the energy consumption of
Samsung’s new refrigerators and
refrigerator-freezers that feature variable
anti-sweat heater controls and adaptive
heaters.
DOE notes that Samsung’s January
2010 petition to extend its interim
waiver and petition for waiver also
includes an alternate test procedure for
testing products equipped with adaptive
anti-sweat heaters. The alternate test
procedure submitted in the January
2010 petition is identical to the one
contained in Samsung’s September 9,
2009 petition. The alternate test
procedure is the same in all relevant
particulars as that prescribed for GE,
Whirlpool, and Electrolux refrigerators
and refrigerator-freezers that are
equipped with the same type of
technology. The alternate test procedure
applicable to the GE, Whirlpool, and
Electrolux products simulates the
energy used by the adaptive heaters in
a typical consumer household, as
explained in the GE Decision and Order
that DOE published in the Federal
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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
Samsung also requests an interim
waiver for these additional basic
models. 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 Samsung’s
application for interim waiver does not
provide sufficient market, equipment
price, shipments, and other
manufacturer impact information to
permit DOE to evaluate the economic
hardship Samsung might experience
absent a favorable determination on its
application for interim waiver. DOE
understands that absent an Interim
Waiver, however, Samsung’s products
would not be tested and rated for energy
consumption on a comparable basis
with equivalent GE, Whirlpool, and
Electrolux products where DOE
previously granted waivers, and would
be required to represent a higher energy
consumption for essentially the same
product. DOE also determined that it
appears likely that Samsung’s petition
for waiver will be granted and that it is
desirable for public policy reasons to
grant Samsung 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 Samsung, 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. In
sum, Samsung seeks a waiver that is
very similar to the ones DOE granted to
GE, Whirlpool, and Electrolux for the
same sensors and controls and alternate
test procedure.
For the reasons stated above, DOE
grants Samsung’s application for interim
waiver from testing of the additional
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basic models of refrigerators and
refrigerator-freezers containing relative
humidity sensors and adaptive control
anti-sweat heaters. Therefore, it is
ordered that:
The Application for interim waiver
filed by Samsung is hereby granted for
Samsung’s additional basic models of
refrigerators and refrigerator-freezers
containing relative humidity sensors
and adaptive control anti-sweat heaters,
subject to the specifications and
conditions below.
1. Samsung shall not be required to
test or rate the additional basic models
of refrigerators and refrigerator-freezers
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. Samsung shall be required to test
and rate the additional basic models of
refrigerators and refrigerator-freezers
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:
RB***H***, RF***H***,
RF#***H***, RS***H***, RS#***H***.
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.
III. Alternate Test Procedure
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For the duration of the interim
waiver, Samsung shall be required to
use the test procedures for electric
refrigerator-freezers prescribed by DOE
at 10 CFR Part 430, Appendix A1,
except that, for the Samsung 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,
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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 result of the
second test will be derived from 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 + (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
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
IV. Summary and Request for
Comments
The Department has reviewed
Samsung’s petition and its request to
extend its interim waiver to additional
models. The additional models contain
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19961
the same anti-sweat heater controls and
relative humidity sensors as the models
listed in Samsung’s September 2009
petition. The alternate test procedure is
also valid for these additional models.
Given that the basis for granting an
interim waiver to the additional basic
models is the same as the basis for
granting the interim waiver for the
models listed in Samsung’s September
2009 petition, DOE finds that it is
appropriate to grant an interim waiver
for the additional models listed in this
petition. Accordingly, DOE extends the
prior grant of interim waiver to the
models listed in this petition.
Through today’s notice, DOE
announces receipt of Samsung’s petition
for waiver from certain parts of the test
procedure that apply to additional basic
models of refrigerators and refrigeratorfreezers with variable anti-sweat heater
controls and adaptive heaters
manufactured by Samsung. DOE is
publishing Samsung’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 Samsung’s specified
refrigerators and refrigerator-freezers
with adaptive anti-sweat heaters. DOE is
interested in receiving comments from
interested parties on all aspects of the
petition, including the suggested
alternate test procedure and calculation
methodology. Pursuant to 10 CFR
430.27(b)(1)(iv), any person submitting
written comments to DOE must also
send a copy of such comments to the
petitioner, whose contact information is
included in the ADDRESSES section
above.
Issued in Washington, DC, on April 9,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
January 20, 2010
Catherine Zoi, Energy Efficiency and
Renewable Energy, Department of
Energy, 1000 Independence
Avenue, SW., Washington, DC
20585
Subject: Petition for Waiver and
Application for Interim Waiver,
Samsung Refrigerator-Freezers with
Adaptive Anti-Sweat Heaters
Dear Assistant Secretary Zoi:
Samsung Electronics America, Inc., a
subsidiary of Samsung Electronics Co.,
Ltd. (Samsung), respectfully submits
this Petition for Waiver and Application
for Interim Waiver to the Department of
Energy (DOE) for refrigerator-freezer
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models incorporating adaptive antisweat heater technologies, pursuant to
10 CFR Part 430.27.
The 10 CFR Part 430.27(a)(1) allows a
person to submit a petition to waive for
a particular basic model any
requirements of § 430.23 upon the
grounds that the basic model contains
one or more design characteristics
which either prevent 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.
Additionally, 10 CFR Part 430.27(b)(2)
allows an applicant to request an
Interim Waiver if economic hardship
and/or competitive disadvantage is
likely to result absent a favorable
determination on the Application for
Interim Waiver.
Reasoning
Samsung designed refrigeratorfreezers with anti-sweat heater
technologies that react according to
different ambient conditions such as
humidity and temperature. This antisweat technology allows the heater to
variably activate depending on relative
ambient humidity levels. Samsung
believes that the current test procedure,
Appendix A1 to Subpart B of Part 430,
prevents Samsung from accurately
evaluating its refrigerator-freezers that
feature this adaptive anti-sweat heater
technology. The models requested in
this Application and Petition have the
same anti-sweat designs as other
Samsung models which the Department
had granted an Interim Waiver 1 for.
Samsung’s adaptive anti-sweat heater
technology is similar to that used by
General Electric Company (GE) and
Whirlpool Corporation (Whirlpool) for
refrigerator-freezers which were the
subject of Petitions for Waiver
published April 17, 2007 and July 10,
2008, respectively. 72 FR 19189; 73 FR
39684. GE’s waiver was granted on
February 27, 2008. 73 FR 10425.
Whirlpool’s waiver was granted on May
5, 2009. 74 FR 20695.
The current testing method prescribes
that the refrigerator-freezer be tested
without any prescription for humidity
levels. Lacking the prescription of a
humidity level, current refrigeratorfreezers employ an anti-sweat
technology that engages at
predetermined intervals to prevent
moisture build-up according to an
assumed, fixed algorithm. Lacking the
proper sensors to effectively detect and
engage the heater at specific dew points,
a general assumption is made for the
scheduled activation of anti-sweat
heaters. General assumptions and timed
action sequences are inefficient methods
to control condensation; the adaptive
anti-sweat heater technology will take
the guesswork out of anti-sweat heater
activation and will base activation on
real-time environment conditions for
the purpose of energy efficiency.
Since adaptive anti-sweat heater
technology was not available during the
development stage of the current DOE
requirements, and since the existing
requirements do not fairly represent
energy consumption for refrigeratorfreezers containing this technology, an
exception relief is warranted.
Test Method
In a manner similar to GE in their
Petition 2, Samsung proposes to run the
energy-consumption test with the antisweat 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.
‘‘[GE] in an effort to establish a
national average of energy used by a
variably controlled anti-sweat heater,
the population-weighted humidity
values were grouped into 10 bands, each
with a range of 10% relative humidity.
The table below sets out the percent
probability that any U.S. household will
experience the listed average humidity
conditions during any month of the
year.’’ Those 10 bands are as follows:
Probability
(%)
% RH
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1. 0–10 .............................................................................................................................................................
2. 10–20 ...........................................................................................................................................................
3. 20–30 ...........................................................................................................................................................
4. 30–40 ...........................................................................................................................................................
5. 40–50 ...........................................................................................................................................................
6. 50–60 ...........................................................................................................................................................
7. 60–70 ...........................................................................................................................................................
8. 70–80 ...........................................................................................................................................................
9. 80–90 ...........................................................................................................................................................
10. 90–100 .......................................................................................................................................................
Similar to GE, Samsung determined
that additional 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
have a ‘‘system-loss factor’’. Samsung
has also determined that this ‘‘systemloss factor’’ is 1.3. Therefore, Samsung
proposes that the energy consumption
results should be calculated with the
anti-sweat heater switch in the ‘‘off’’
position and with the correction factor
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A1
A2
A3
A4
A5
A6
A7
A8
A9
A10
taken into account. The correction factor
should be as follows:
(FF) average temperature of 45 °F, and
freezer (FZ) average temperature of 5 °F.
Correction Factor = (Anti-sweat Heater
Power × System-loss Factor) × (24
hours/1 day) × (1 kW/1000 W)
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)
The national average power in watts
used by the anti-sweat heaters is then
calculated 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 standard refrigerator conditions:
ambient temperature of 72 °F, fresh food
2 72
15:07 Apr 15, 2010
3.4
21.1
20.4
16.6
12.6
11.9
6.9
4.7
0.8
1.5
Constant
designation
PO 00000
FR 19189.
Frm 00027
Fmt 4703
Sfmt 4703
E:\FR\FM\16APN1.SGM
16APN1
Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Notices
Samsung requests that DOE prescribe
an alternate test procedure, whereby the
test procedure were modified to
calculate the energy of the unit by
testing 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
1.3, similar to those prescribed within
waivers granted to GE 3 and Whirlpool,4
to allow Samsung to accurately evaluate
the energy consumption for the
following Samsung refrigerator-freezer
models:
RB***H***
RF***H***
RF#***H***
RS***H***
RS#***H***
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Conclusion
On the grounds that current test
methods for refrigerator-freezers will
result in inaccurate evaluation of energy
consumption, Samsung requests that,
until a final rule prescribing a test
method for adaptive anti-sweat heater
technologies, a waiver is granted for
Samsung refrigerator-freezer models
which utilize adaptive anti-sweat heater
technologies.
By granting Samsung the requested
waiver and interim waiver, DOE will
ensure that advancements in
technologies are not hindered by
regulations, and that similar products
are tested and rated for energy
consumption on a comparable basis.
Affected Persons
Primarily affected persons in the
refrigerator-freezer category include
BSH Home Appliances Corp. (BoschSiemens Hausgerate GmbH), Electrolux
Home Products, Equator, Fisher &
Paykel Appliances Inc., GE Appliances,
Haier America Trading, L.L.C.,
Heartland Appliances, Inc., Kelon
Electrical Holdings Co., Ltd., Liebherr
Hausgerate, LG Electronics Inc.,
Northland-Marvel, Sanyo Fisher
Company, Sears, Sub-Zero Freezer
Company, U-Line, Viking Range, W. C.
Wood Company, and Whirlpool
Corporation.
The Association of Home Appliance
Manufacturers is also generally
interested in energy efficiency
requirements for appliances, including
refrigerator-freezers. Samsung will
notify all these entities as required by
the Department’s rules and provide
them with a version of this Petition.
Sincerely,
Michael Moss,
3 73
4 74
FR 10425.
FR 20695.
VerDate Nov<24>2008
15:07 Apr 15, 2010
Jkt 220001
Senior Manager.
[FR Doc. 2010–8772 Filed 4–15–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP09–455–000; Docket No.
CP09–456–000]
Florida Gas Transmission Company,
LLC; Transcontinental Gas Pipe Line
Company, LLC; Florida Gas
Transmission Company, LLC; Notice
of Availability of the Environmental
Assessment for the Proposed Mobile
Bay Lateral Extension Project and the
Pascagoula Expansion Project
April 9, 2010.
The staff of the Federal Energy
Regulatory Commission (FERC or
Commission) has prepared an
environmental assessment (EA) of the
Mobile Bay Lateral Extension Project
(Mobile Bay Project) proposed by
Florida Gas Transmission Company,
LLC (FGT) and the Pascagoula
Expansion Project proposed by FGT and
Transcontinental Gas Pipe Line
Company, LLC (Transco) in the above
referenced dockets.
The EA assesses the potential
environmental effects of the
construction and operation of the
proposed Mobile Bay Project and the
Pascagoula Expansion Project in
accordance with the requirements of the
National Environmental Policy Act. The
FERC staff concludes that approval of
the proposed projects, with appropriate
mitigating measures, would not
constitute a major Federal action
significantly affecting the quality of the
human environment.
This EA was prepared in cooperation
with the U.S. Army Corps of Engineers,
the U.S. Fish and Wildlife Service
(USFWS); and the Mississippi
Department of Wildlife, Fisheries, and
Parks.
The proposed Mobile Bay Project
includes the following proposed
facilities:
• Approximately 8.8 miles of 24-inchdiameter mainline pipeline, from near
Grand Bay in Mobile County, Alabama
to the existing FGT Compressor Station
(CS) 44 in Mobile County, Alabama,
(milepost [MP] 0.0);
• One new Meter and Regulation
(M&R) (Grand Bay M&R Station) with
pig launcher in Grand Bay, Alabama
(MP 8.8);
• One new Over Pressure Protection
Regulator Station with pig receiver in
Citronelle, Alabama); and
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
19963
• Modifications to the existing FGT
CS 44.
The Pascagoula Expansion Project
would consist of the following facilities:
• A receipt meter station near
Pascagoula in Jackson County,
Mississippi;
• Approximately 15.5 miles of 26inch-diameter jointly owned pipeline
from Jackson County, Mississippi to
Grand Bay, Mobile County, Alabama;
• Modifications to FGT/Transco’s
existing Compressor Station 82 in
Mobile County, Alabama; and
• Minor above-ground facilities.
The EA has been placed in the public
files of the FERC. A limited number of
copies of the EA are available for
distribution and public inspection at:
Federal Energy Regulatory Commission,
Public Reference Room, 888 First Street,
NE., Room 2A, Washington, DC 20426.
(202) 502–8371.
Copies of the EA have been mailed to
Federal, State, and local government
representatives and agencies; elected
officials; environmental and public
interest groups; Native American Tribes;
potentially affected landowners and
other interested individuals and groups;
newspapers and libraries in the project
area; and parties to this proceeding. Any
person wishing to comment on the EA
may do so. To ensure consideration
prior to a Commission decision on the
proposal, it is important that we receive
your comments before the date specified
below.
Your comments should focus on the
potential environmental effects,
reasonable alternatives, and measures to
avoid or lessen environmental impacts.
The more specific your comments, the
more useful they will be. To ensure that
your comments are timely and properly
recorded, please send in your comments
so that they will be received in
Washington, DC on or before May 10,
2010.
For your convenience, there are three
methods in which you can use to submit
your comments to the Commission. In
all instances please reference the project
docket numbers (CP09–455–000 and
CP09–456–000) with your submission.
The Commission encourages electronic
filing of comments and has dedicated
eFiling expert staff available to assist
you at (202) 502–8258 or
efiling@ferc.gov.
(1) You may file your comments
electronically by using the Quick
Comment feature, which is located on
the Commission’s internet Web site at
https://www.ferc.gov under the link to
Documents and Filings. A Quick
Comment is an easy method for
interested persons to submit text-only
comments on a project;
E:\FR\FM\16APN1.SGM
16APN1
]]>Agencies
[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 19959-19963]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8772]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-014]
Energy Conservation Program for Consumer Products: Notice of
Petition for Waiver of Samsung Electronics America, Inc. From the
Department of Energy Residential Refrigerator and Refrigerator-Freezer
Test Procedure, and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, notice of grant of interim
waiver, and request for comments.
-----------------------------------------------------------------------
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. Today's notice also grants an
interim waiver of the test procedures applicable to residential
refrigerator-freezers to additional Samsung basic models. Through this
document, DOE also solicits comments with respect to the Samsung
petition.
DATES: DOE will accept comments, data, and information with respect to
the Samsung petition until, but no later than May 17, 2010.
ADDRESSES: You may submit comments, identified by case number RF-014,
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-014], 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/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 Interchange (ASCII)) file
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. DOE does not accept telefacsimiles (faxes).
Any person submitting written comments must also send a copy of
such comments to the petitioner, pursuant to 10 CFR 431.401(d). 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.
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.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the petition for waiver and application for
interim waiver; and (4) prior DOE waivers and rulemakings regarding
similar central air conditioning and heat pump equipment. Please call
Ms. Brenda Edwards at the above telephone number for additional
information regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-
mail: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and Conservation Act (``EPCA'') sets
forth a variety of provisions concerning energy efficiency. Part 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 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
[[Page 19960]]
which the petition for waiver was submitted contains one or more design
characteristics that prevents testing of the basic model according to
the prescribed test procedures, or if the prescribed test procedures
may evaluate the basic model in a manner so unrepresentative of its
true energy consumption characteristics as to provide materially
inaccurate comparative data. 10 CFR 430.27(l). Petitioners must include
in their petition any alternate test procedures known to the petitioner
to evaluate the basic model in a manner representative of its energy
consumption. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary may
grant the waiver subject to conditions, including adherence to
alternate test procedures. 10 CFR 430.27(l). Waivers remain in effect
pursuant to the provisions of 10 CFR 430.27(m).
The waiver process also allows the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures.
(10 CFR 430.27(a)(2)) An interim waiver remains in effect for 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))
On September 9, 2009, Samsung filed a petition for waiver and
application for interim waiver from the test procedure applicable to
residential electric refrigerators and refrigerator-freezers set forth
in 10 CFR part 430, subpart B, appendix A1. The products covered by the
petition employ adaptive anti-sweat heaters, which detect and respond
to temperature and humidity conditions, and then activate adaptive
heaters as needed to evaporate excess moisture. DOE published Samsung's
petition for waiver for residential refrigerator-freezers with adaptive
anti-sweat heaters, as well as its grant of interim waiver to Samsung
for these products, in the Federal Register on December 15, 2009. 74 FR
66340. DOE granted Samsung's petition for waiver on March 18, 2010 (75
FR 13120).
II. Petition for Waiver
On February 1, 2010, Samsung informed DOE in a petition dated
January 20, 2010, that after it filed its petition for waiver in
September 2009 it developed additional basic models with adaptive anti-
sweat heater technology. Samsung asserted that these new products
function and operate the same way as the basic models listed in
Samsung's September 2009 petition with respect to the properties that
made those products eligible for a waiver. Therefore, Samsung requested
that DOE add these models to the list of basic models for which the
interim waiver was granted. In addition, Samsung requested that DOE
grant a new waiver for these additional basic models. The following
additional products are covered by the January 2010 waiver request:
RB***H***, RF***H***, RF***H***, RS***H***,
RS***H***.
The additional basic models of refrigerators and refrigerator-
freezers 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.
Samsung's technology is similar to that used by General Electric
Company (GE), Whirlpool Corporation (Whirlpool), and Electrolux for
refrigerator-freezers which were the subject of petitions for waiver
published April 17, 2007 (72 FR 19189), July 10, 2008 (73 FR 39684),
and January 28, 2010 (75 FR 4539), respectively. GE's waiver was
granted on February 27, 2008 (73 FR 10425); Whirlpool's waiver was
granted on May 5, 2009 (74 FR 20695); and Electrolux's waiver was
granted on March 11, 2010 (75 FR 11530). Samsung seeks a waiver from
the existing DOE test procedure applicable to refrigerators and
refrigerator-freezers under 10 CFR Part 430 because it takes neither
ambient humidity nor adaptive technology into account. Therefore,
Samsung stated that the test procedure does not accurately measure the
energy consumption of Samsung's new refrigerators and refrigerator-
freezers that feature variable anti-sweat heater controls and adaptive
heaters.
DOE notes that Samsung's January 2010 petition to extend its
interim waiver and petition for waiver also includes an alternate test
procedure for testing products equipped with adaptive anti-sweat
heaters. The alternate test procedure submitted in the January 2010
petition is identical to the one contained in Samsung's September 9,
2009 petition. The alternate test procedure is the same in all relevant
particulars as that prescribed for GE, Whirlpool, and Electrolux
refrigerators and refrigerator-freezers that are equipped with the same
type of technology. The alternate test procedure applicable to the GE,
Whirlpool, and Electrolux products simulates the energy used by the
adaptive heaters in a typical consumer household, as explained in the
GE 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
Samsung also requests an interim waiver for these additional basic
models. 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 Samsung's application for interim waiver does
not provide sufficient market, equipment price, shipments, and other
manufacturer impact information to permit DOE to evaluate the economic
hardship Samsung might experience absent a favorable determination on
its application for interim waiver. DOE understands that absent an
Interim Waiver, however, Samsung's products would not be tested and
rated for energy consumption on a comparable basis with equivalent GE,
Whirlpool, and Electrolux products where DOE previously granted
waivers, and would be required to represent a higher energy consumption
for essentially the same product. DOE also determined that it appears
likely that Samsung's petition for waiver will be granted and that it
is desirable for public policy reasons to grant Samsung 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 Samsung, 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. In sum, Samsung seeks a waiver that is very similar
to the ones DOE granted to GE, Whirlpool, and Electrolux for the same
sensors and controls and alternate test procedure.
For the reasons stated above, DOE grants Samsung's application for
interim waiver from testing of the additional
[[Page 19961]]
basic models of refrigerators and refrigerator-freezers containing
relative humidity sensors and adaptive control anti-sweat heaters.
Therefore, it is ordered that:
The Application for interim waiver filed by Samsung is hereby
granted for Samsung's additional basic models of refrigerators and
refrigerator-freezers containing relative humidity sensors and adaptive
control anti-sweat heaters, subject to the specifications and
conditions below.
1. Samsung shall not be required to test or rate the additional
basic models of refrigerators and refrigerator-freezers 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. Samsung shall be required to test and rate the additional basic
models of refrigerators and refrigerator-freezers 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:
RB***H***, RF***H***, RF***H***, RS***H***,
RS***H***.
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.
III. Alternate Test Procedure
For the duration of the interim waiver, Samsung shall be required
to use the test procedures for electric refrigerator-freezers
prescribed by DOE at 10 CFR Part 430, Appendix A1, except that, for the
Samsung 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 result
of the second test will be derived from 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 + (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
IV. Summary and Request for Comments
The Department has reviewed Samsung's petition and its request to
extend its interim waiver to additional models. The additional models
contain the same anti-sweat heater controls and relative humidity
sensors as the models listed in Samsung's September 2009 petition. The
alternate test procedure is also valid for these additional models.
Given that the basis for granting an interim waiver to the additional
basic models is the same as the basis for granting the interim waiver
for the models listed in Samsung's September 2009 petition, DOE finds
that it is appropriate to grant an interim waiver for the additional
models listed in this petition. Accordingly, DOE extends the prior
grant of interim waiver to the models listed in this petition.
Through today's notice, DOE announces receipt of Samsung's petition
for waiver from certain parts of the test procedure that apply to
additional basic models of refrigerators and refrigerator-freezers with
variable anti-sweat heater controls and adaptive heaters manufactured
by Samsung. DOE is publishing Samsung'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 Samsung's specified refrigerators and refrigerator-
freezers with adaptive anti-sweat heaters. DOE is interested in
receiving comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), any
person submitting written comments to DOE must also send a copy of such
comments to the petitioner, whose contact information is included in
the ADDRESSES section above.
Issued in Washington, DC, on April 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
January 20, 2010
Catherine Zoi, Energy Efficiency and Renewable Energy, Department of
Energy, 1000 Independence Avenue, SW., Washington, DC 20585
Subject: Petition for Waiver and Application for Interim Waiver,
Samsung Refrigerator-Freezers with Adaptive Anti-Sweat Heaters
Dear Assistant Secretary Zoi: Samsung Electronics America, Inc., a
subsidiary of Samsung Electronics Co., Ltd. (Samsung), respectfully
submits this Petition for Waiver and Application for Interim Waiver to
the Department of Energy (DOE) for refrigerator-freezer
[[Page 19962]]
models incorporating adaptive anti-sweat heater technologies, pursuant
to 10 CFR Part 430.27.
The 10 CFR Part 430.27(a)(1) allows a person to submit a petition
to waive for a particular basic model any requirements of Sec. 430.23
upon the grounds that the basic model contains one or more design
characteristics which either prevent 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. Additionally, 10 CFR Part 430.27(b)(2)
allows an applicant to request an Interim Waiver if economic hardship
and/or competitive disadvantage is likely to result absent a favorable
determination on the Application for Interim Waiver.
Reasoning
Samsung designed refrigerator-freezers with anti-sweat heater
technologies that react according to different ambient conditions such
as humidity and temperature. This anti-sweat technology allows the
heater to variably activate depending on relative ambient humidity
levels. Samsung believes that the current test procedure, Appendix A1
to Subpart B of Part 430, prevents Samsung from accurately evaluating
its refrigerator-freezers that feature this adaptive anti-sweat heater
technology. The models requested in this Application and Petition have
the same anti-sweat designs as other Samsung models which the
Department had granted an Interim Waiver \1\ for.
---------------------------------------------------------------------------
\1\ 74 FR 66340.
---------------------------------------------------------------------------
Samsung's adaptive anti-sweat heater technology is similar to that
used by General Electric Company (GE) and Whirlpool Corporation
(Whirlpool) for refrigerator-freezers which were the subject of
Petitions for Waiver published April 17, 2007 and July 10, 2008,
respectively. 72 FR 19189; 73 FR 39684. GE's waiver was granted on
February 27, 2008. 73 FR 10425. Whirlpool's waiver was granted on May
5, 2009. 74 FR 20695.
The current testing method prescribes that the refrigerator-freezer
be tested without any prescription for humidity levels. Lacking the
prescription of a humidity level, current refrigerator-freezers employ
an anti-sweat technology that engages at predetermined intervals to
prevent moisture build-up according to an assumed, fixed algorithm.
Lacking the proper sensors to effectively detect and engage the heater
at specific dew points, a general assumption is made for the scheduled
activation of anti-sweat heaters. General assumptions and timed action
sequences are inefficient methods to control condensation; the adaptive
anti-sweat heater technology will take the guesswork out of anti-sweat
heater activation and will base activation on real-time environment
conditions for the purpose of energy efficiency.
Since adaptive anti-sweat heater technology was not available
during the development stage of the current DOE requirements, and since
the existing requirements do not fairly represent energy consumption
for refrigerator-freezers containing this technology, an exception
relief is warranted.
Test Method
In a manner similar to GE in their Petition \2\, Samsung 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.
---------------------------------------------------------------------------
\2\ 72 FR 19189.
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``[GE] in an effort to establish a national average of energy used
by a variably controlled anti-sweat heater, the population-weighted
humidity values were grouped into 10 bands, each with a range of 10%
relative humidity. The table below sets out the percent probability
that any U.S. household will experience the listed average humidity
conditions during any month of the year.'' Those 10 bands are as
follows:
------------------------------------------------------------------------
Constant
% RH Probability (%) 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. 70-80............................ 4.7 A8
9. 80-90............................ 0.8 A9
10. 90-100.......................... 1.5 A10
------------------------------------------------------------------------
Similar to GE, Samsung determined that additional 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 have a ``system-loss factor''. Samsung has also determined
that this ``system-loss factor'' is 1.3. Therefore, Samsung proposes
that the energy consumption results should be calculated with the anti-
sweat heater switch in the ``off'' position and with the correction
factor taken into account. The correction factor should be as follows:
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x
(24 hours/1 day) x (1 kW/1000 W)
The national average power in watts used by the anti-sweat heaters
is then calculated 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
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)
[[Page 19963]]
Samsung requests that DOE prescribe an alternate test procedure,
whereby the test procedure were modified to calculate the energy of the
unit by testing 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
1.3, similar to those prescribed within waivers granted to GE \3\ and
Whirlpool,\4\ to allow Samsung to accurately evaluate the energy
consumption for the following Samsung refrigerator-freezer models:
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\3\ 73 FR 10425.
\4\ 74 FR 20695.
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RF***H***
RF***H***
RS***H***
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Conclusion
On the grounds that current test methods for refrigerator-freezers
will result in inaccurate evaluation of energy consumption, Samsung
requests that, until a final rule prescribing a test method for
adaptive anti-sweat heater technologies, a waiver is granted for
Samsung refrigerator-freezer models which utilize adaptive anti-sweat
heater technologies.
By granting Samsung the requested waiver and interim waiver, DOE
will ensure that advancements in technologies are not hindered by
regulations, and that similar products are tested and rated for energy
consumption on a comparable basis.
Affected Persons
Primarily affected persons in the refrigerator-freezer category
include BSH Home Appliances Corp. (Bosch- Siemens Hausgerate GmbH),
Electrolux Home Products, Equator, Fisher & Paykel Appliances Inc., GE
Appliances, Haier America Trading, L.L.C., Heartland Appliances, Inc.,
Kelon Electrical Holdings Co., Ltd., Liebherr Hausgerate, LG
Electronics Inc., Northland-Marvel, Sanyo Fisher Company, Sears, Sub-
Zero Freezer Company, U-Line, Viking Range, W. C. Wood Company, and
Whirlpool Corporation.
The Association of Home Appliance Manufacturers is also generally
interested in energy efficiency requirements for appliances, including
refrigerator-freezers. Samsung will notify all these entities as
required by the Department's rules and provide them with a version of
this Petition.
Sincerely,
Michael Moss,
Senior Manager.
[FR Doc. 2010-8772 Filed 4-15-10; 8:45 am]
BILLING CODE 6450-01-P
