Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Electrolux Home Products, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, 22584-22586 [2010-9973]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 22584 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices • Compatible Indoor Units For Above Listed Outdoor Units: Æ FXAQ Series wall mounted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. Æ FXLQ Series floor mounted indoor units with nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr. Æ FXNQ Series concealed floor mounted indoor units with nominally rated capacities of 12,000, 18,000 and 24,000 Btu/hr. Æ FXDQ Series low static ducted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. Æ FXSQ Series medium static ducted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 30,000, 36,000 and 48,000 Btu/hr. Æ FXMQ–M Series high static ducted indoor units with nominally rated capacities of 30,000, 36,000, 48,000, 72,000 and 96,000 Btu/hr. Æ FXMQ–P Series high static ducted indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000, 24,000, 30,000, 36,000 and 48,000 Btu/hr. Æ FXMQ–MF Series Outdoor Air Processing indoor units with nominally rated capacities of 48,000, 72,000 and 96,000 Btu/hr. Æ FXTQ–P Series Vertical Air Handler indoor units with nominally rated capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000, 48,000 and 54,000 Btu/hr. Æ FXZQ Series recessed cassette indoor units with nominally rated capacities of 7,000, 9,000, 12,000, 18,000 and 24,000 Btu/hr. Æ FXFQ Series recessed cassette indoor units with nominally rated capacities of 12,000, 18,000, 24,000, 30,000 and 36,000 Btu/hr. Æ FXHQ Series ceiling suspended indoor units with nominally rated capacities of 12,000, 24,000 and 36,000 Btu/hr. (3) Alternate test procedure. (A) Daikin is required to test the products listed in paragraph (2) above according to the test procedure for central air conditioners and heat pumps prescribed by DOE at 10 CFR part 431 (ISO Standard 13256–1 (1998) (incorporated by reference in 10 CFR 431.95(b)(3)), except that Daikin shall test a tested combination selected in accordance with the provisions of subparagraph (3)(B). For every other system combination using the same outdoor unit as the tested combination, Daikin shall make representations concerning the VRV–WIII products VerDate Mar<15>2010 16:19 Apr 28, 2010 Jkt 220001 covered in this waiver according to the provisions of subparagraph (C) below. (B) Tested combination. The term tested combination means a sample basic model comprised of units that are production units, or are representative of production units, of the basic model being tested. For the purposes of this waiver, the tested combination shall have the following features: (i) The basic model of a variable refrigerant flow system used as a tested combination shall consist of an outdoor unit that is matched with between two and five indoor units. For multi-split systems, each of these indoor units shall be designed for individual operation. (ii) The indoor units shall: (a) Represent the highest sales model family, or another indoor model family if the highest sales model family does not provide sufficient capacity (see b); (b) Together, have a nominal cooling capacity that is between 95 percent and 105 percent of the nominal cooling capacity of the outdoor unit; (c) Not, individually, have a nominal cooling capacity greater than 50 percent of the nominal cooling capacity of the outdoor unit; (d) Operate at fan speeds that are consistent with the manufacturer’s specifications; and (e) Be subject to the same minimum external static pressure requirement. (C) Representations. In making representations about the energy efficiency of its VRV–WIII multi-split products, for compliance, marketing, or other purposes, Daikin must fairly disclose the results of testing under the DOE test procedure in a manner consistent with the provisions outlined below: (i) For VRV–WIII multi-split combinations tested in accordance with this alternate test procedure, Daikin may make representations based on these test results. (ii) For VRV–WIII multi-split combinations that are not tested, Daikin may make representations based on the testing results for the tested combination and that are consistent with either of the two following methods: (a) Representation of non-tested combinations according to an alternative rating method approved by DOE; or (b) Representation of non-tested combinations at the same energy efficiency level as the tested combination with the same outdoor unit. (4) This waiver shall remain in effect from the date this order is issued, consistent with the provisions of 10 CFR 431.401(g). PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 (5) This waiver is issued on the condition that the statements, representations, and documentary materials provided by the petitioner are valid. DOE may revoke or modify the waiver at any time if it determines that the factual basis underlying the Petition for Waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. Issued in Washington, DC on April 22, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. 2010–9972 Filed 4–28–10; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–012] Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Electrolux Home Products, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and order. SUMMARY: The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. RF–012) that grants to Electrolux Home Products, Inc. (Electrolux) a waiver from the DOE electric refrigerator and refrigeratorfreezer test procedure for certain basic models containing relative humidity sensors and adaptive control anti-sweat heaters. Under today’s decision and order, Electrolux shall be required to test and rate its refrigerator-freezers with adaptive control anti-sweat heaters using an alternate test procedure that takes this technology into account when measuring energy consumption. DATES: This Decision and Order is effective April 29, 2010. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–9611, E-mail: AS_Waiver_Requests@ee.doe.gov. Betsy Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC– 71, 1000 Independence Avenue, SW., E:\FR\FM\29APN1.SGM 29APN1 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices Washington, DC 20585–0103, (202) 586– 9507, E-mail: Elizabeth.Kohl@hq.doe.gov. SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 430.27(l), DOE gives notice of the issuance of its decision and order as set forth below. The decision and order grants Electrolux a waiver from the applicable residential refrigerator and refrigeratorfreezer test procedures in 10 CFR part 430, subpart B, appendix A1 for certain basic models of refrigerator-freezers with relative humidity sensors and adaptive control anti-sweat heaters, provided that Electrolux tests and rates such products using the alternate test procedure described in this notice. Today’s decision prohibits Electrolux from making representations concerning the energy efficiency of these products unless the product has been tested consistent with the provisions and restrictions in the alternate test procedure set forth in the decision and order below, and the representations fairly disclose the test results. Distributors, retailers, and private labelers are held to the same standard when making representations regarding the energy efficiency of these products. 42 U.S.C. 6293(c). Issued in Washington, DC, on April 22, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. mstockstill on DSKH9S0YB1PROD with NOTICES Decision and Order In the Matter of: Electrolux Home Products, Inc. (Case No. RF–012). Background Title III of the Energy Policy and Conservation Act (EPCA) sets forth a variety of provisions concerning energy efficiency. Part A of Title III provides for the ‘‘Energy Conservation Program for Consumer Products Other Than Automobiles.’’ 42 U.S.C. 6291–6309. Part A includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part A authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results that measure energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. Id. § 6293(b)(3). Today’s notice involves residential products under Part A. The test procedure for residential electric refrigerator-freezers relevant to the current petition for waiver is contained VerDate Mar<15>2010 16:19 Apr 28, 2010 Jkt 220001 in 10 CFR part 430, subpart B, appendix A1. DOE’s regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered consumer products when (1) the petitioner’s basic model contains one or more design characteristics that prevent testing according to the prescribed test procedure, or (2) when 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(a)(1). Petitioners must include in their petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption characteristics. § 430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) may grant a waiver subject to conditions, including adherence to alternate test procedures. § 430.27(l). Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(m). The waiver process also allows any interested person who has submitted a petition for waiver to file an application for interim waiver of the applicable test procedure requirements. § 430.27(a)(2). The Assistant Secretary will grant an interim waiver request if it is determined that the applicant will experience economic hardship if the interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. § 430.27(g). On November 6, 2008, Electrolux filed a petition for waiver from the test procedures applicable to residential refrigerators and refrigerator-freezers. Electrolux’s 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. On July 13, 2009, Electrolux filed a petition for waiver for additional, similar models of residential refrigerators and refrigeratorfreezers. Electrolux’s petition was published in the Federal Register on December 15, 2009. Id. at 66344. In the same Federal Register notice, DOE extended the June 4, 2009, interim waiver to these additional models. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 22585 On December 4, 2009, Electrolux filed a third 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. All three Electrolux petitions pertain to new refrigerators and refrigerator-freezers that contain variable anti-sweat heater controls. These controls 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 refrigeratorfreezers which were the subject of petitions for waiver published April 17, 2007 (72 FR 19189) and July 10, 2008 (73 FR 39684), 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). DOE granted the first two Electrolux waivers on December 15, 2009 (74 FR 66338), and March 11, 2010 (75 FR 11530). Assertions and Determinations Electrolux’s Petition for Waiver In its December 2009 petition, Electrolux sought a waiver from the existing DOE test procedure applicable to refrigerators and refrigerator-freezers under 10 CFR part 430 because it takes neither ambient humidity nor adaptive technology into account. Electrolux sought similar waivers in its July and November 2009 petitions, which were granted. Electrolux asserts these new products are identical in function and operation to the basic models listed in Electrolux’s earlier petitions with respect to the properties that made those products eligible for a waiver. DOE did not receive any comments on the Electrolux petition. Electrolux requested it be permitted to use the same alternate test procedure DOE prescribed for GE, Whirlpool and Electrolux refrigerators and refrigeratorfreezers equipped with a similar 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 referenced above. As DOE has stated in the past, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. E:\FR\FM\29APN1.SGM 29APN1 22586 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices Consultations With Other Agencies DOE consulted with the Federal Trade Commission (FTC) staff concerning the Electrolux petition for waiver. The FTC staff did not have any objections to granting a waiver to Electrolux. CRS23*** CRS26*** FFHS23**** FFUS23**** FGHS23**** FGUS23**** FPHS23**** FPUS23**** EI23SS**** EW23SS**** FFHC23**** FFCU23**** FGHC23**** FGCU23**** FPHC23**** FPCU23**** FFSC23**** EI23CS**** EW23CS**** E23CS**** FFHS26**** FFUS26**** (3) Electrolux shall be required to test the products listed in paragraph (2) above according to the test procedures for electric refrigerator-freezers prescribed by DOE at 10 CFR part 430, appendix A1, except that, for the Electrolux products listed in paragraph (2) only: (A) The following definition is added at the end of Section 1: 1.13 Variable anti-sweat heater control means an anti-sweat heater where power supplied to the device is determined by an operating condition variable(s) and/or ambient condition variable(s). (B) Section 2.2 is revised to read as follows: mstockstill on DSKH9S0YB1PROD with NOTICES 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 1 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 by performing 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: VerDate Mar<15>2010 Conclusion After careful consideration of all the material that was submitted by Electrolux and consultation with the FTC staff, it is ordered that: (1) The petition for waiver submitted by Electrolux Home Products, Inc. (Case No. RF–012) is hereby granted as set forth in the paragraphs below. 16:19 Apr 28, 2010 Jkt 220001 FGHS26**** FGUS26**** FPHS26**** FPUS26**** EI26SS**** EW26SS**** FGHF23**** FGUB23**** FPHF23**** FPUB23**** FGHN23**** FGUN23**** FPHN23**** FPUN23**** EI23BC**** EW23BC**** E23BC***** FFHB26**** FFUB26**** FFHN26**** FFUN26**** EI26BS**** EON = E + (Correction Factor) where E is determined by sections 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 defined in the following table: A1 A2 A3 A4 A5 = = = = = 0.034 0.211 0.204 0.166 0.126 A6 = 0.119 A7 = 0.069 A8 = 0.047 A9 = 0.008 A10 = 0.015 Heater Watts at a specific relative humidity = the nominal watts used by all heaters at that specific relative humidity, 72 °F ambient, and DOE reference temperatures of fresh food (FF) average temperature of 45 °F and freezer (FZ) average temperature of 5 °F. System-loss Factor = 1.3 (4) Representations. Electrolux may make representations about the energy use of its adaptive control anti-sweat heater refrigerator-freezer products for compliance, marketing, or other purposes only to the extent that such products have been tested in accordance with the provisions outlined above and such representations fairly disclose the results of such testing. (5) This waiver shall remain in effect consistent with the provisions of 10 CFR 430.27(m). PO 00000 Frm 00037 Fmt 4703 (2) Electrolux shall not be required to test or rate the following Electrolux models on the basis of the current test procedures contained in 10 CFR part 430, subpart B, appendix A1. Instead, it shall be required to test and rate such products according to the alternate test procedure as set forth in paragraph (3) below: Sfmt 4703 FGHB28**** FGUB28**** FPHB28**** FPUB28**** FGHN28**** FGUN28**** FPHN28**** FPUN28**** EI28BS**** EW28BS**** (6) This waiver is issued on the condition that the statements, representations, and documentary materials provided by the petitioner are valid. DOE may revoke or modify this waiver at any time if it determines the factual basis underlying the petition for waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. Issued in Washington, DC on April 22, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. 2010–9973 Filed 4–28–10; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–015] Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of General Electric Company (GE) From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and request for comments. SUMMARY: This notice announces receipt of and publishes the GE petition for waiver (hereafter, ‘‘petition’’) from parts of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of electric refrigerators and refrigerator-freezers. Through this document, DOE is E:\FR\FM\29APN1.SGM 29APN1

Agencies

[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Notices]
[Pages 22584-22586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9973]


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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-012]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Electrolux Home Products, Inc. From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure

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

ACTION: Decision and order.

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

SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-012) that grants to Electrolux Home 
Products, Inc. (Electrolux) a waiver from the DOE electric refrigerator 
and refrigerator-freezer test procedure for certain basic models 
containing relative humidity sensors and adaptive control anti-sweat 
heaters. Under today's decision and order, Electrolux shall be required 
to test and rate its refrigerator-freezers with adaptive control anti-
sweat heaters using an alternate test procedure that takes this 
technology into account when measuring energy consumption.

DATES: This Decision and Order is effective April 29, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611, E-mail: AS_Waiver_Requests@ee.doe.gov. Betsy Kohl, 
U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-
71, 1000 Independence Avenue, SW.,

[[Page 22585]]

Washington, DC 20585-0103, (202) 586-9507, E-mail: 
Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) 430.27(l), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Electrolux a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures in 10 CFR part 
430, subpart B, appendix A1 for certain basic models of refrigerator-
freezers with relative humidity sensors and adaptive control anti-sweat 
heaters, provided that Electrolux tests and rates such products using 
the alternate test procedure described in this notice. Today's decision 
prohibits Electrolux from making representations concerning the energy 
efficiency of these products unless the product has been tested 
consistent with the provisions and restrictions in the alternate test 
procedure set forth in the decision and order below, and the 
representations fairly disclose the test results. Distributors, 
retailers, and private labelers are held to the same standard when 
making representations regarding the energy efficiency of these 
products. 42 U.S.C. 6293(c).

    Issued in Washington, DC, on April 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Electrolux Home Products, Inc. (Case No. RF-012).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part A of 
Title III provides for the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' 42 U.S.C. 6291-6309. Part A includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part A authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results that measure energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. Id. 
Sec.  6293(b)(3).
    Today's notice involves residential products under Part A. The test 
procedure for residential electric refrigerator-freezers relevant to 
the current petition for waiver is contained in 10 CFR part 430, 
subpart B, appendix A1.
    DOE's regulations contain provisions allowing a person to seek a 
waiver from the test procedure requirements for covered consumer 
products when (1) the petitioner's basic model contains one or more 
design characteristics that prevent testing according to the prescribed 
test procedure, or (2) when 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(a)(1). Petitioners must include in 
their petition any alternate test procedures known to the petitioner to 
evaluate the basic model in a manner representative of its energy 
consumption characteristics. Sec.  430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. Sec.  430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to file an application for interim 
waiver of the applicable test procedure requirements. Sec.  
430.27(a)(2). The Assistant Secretary will grant an interim waiver 
request if it is determined that the applicant will experience economic 
hardship if the interim waiver is denied, if it appears likely that the 
petition for waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. Sec.  430.27(g).
    On November 6, 2008, Electrolux filed a petition for waiver from 
the test procedures applicable to residential refrigerators and 
refrigerator-freezers. Electrolux's 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. On July 13, 2009, Electrolux 
filed a petition for waiver for additional, similar models of 
residential refrigerators and refrigerator-freezers. Electrolux's 
petition was published in the Federal Register on December 15, 2009. 
Id. at 66344. In the same Federal Register notice, DOE extended the 
June 4, 2009, interim waiver to these additional models.
    On December 4, 2009, Electrolux filed a third 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. All three Electrolux petitions pertain to new 
refrigerators and refrigerator-freezers that contain variable anti-
sweat heater controls. These controls 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 (73 FR 39684), 
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). 
DOE granted the first two Electrolux waivers on December 15, 2009 (74 
FR 66338), and March 11, 2010 (75 FR 11530).

Assertions and Determinations

Electrolux's Petition for Waiver

    In its December 2009 petition, Electrolux sought a waiver from the 
existing DOE test procedure applicable to refrigerators and 
refrigerator-freezers under 10 CFR part 430 because it takes neither 
ambient humidity nor adaptive technology into account. Electrolux 
sought similar waivers in its July and November 2009 petitions, which 
were granted. Electrolux asserts these new products are identical in 
function and operation to the basic models listed in Electrolux's 
earlier petitions with respect to the properties that made those 
products eligible for a waiver. DOE did not receive any comments on the 
Electrolux petition.
    Electrolux requested it be permitted to use the same alternate test 
procedure DOE prescribed for GE, Whirlpool and Electrolux refrigerators 
and refrigerator-freezers equipped with a similar 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 
referenced above. As DOE has stated in the past, it is in the public 
interest to have similar products tested and rated for energy 
consumption on a comparable basis.

[[Page 22586]]

Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Electrolux petition for waiver. The FTC staff did not 
have any objections to granting a waiver to Electrolux.

Conclusion

    After careful consideration of all the material that was submitted 
by Electrolux and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by Electrolux Home Products, 
Inc. (Case No. RF-012) is hereby granted as set forth in the paragraphs 
below.
    (2) Electrolux shall not be required to test or rate the following 
Electrolux models on the basis of the current test procedures contained 
in 10 CFR part 430, subpart B, appendix A1. Instead, it shall be 
required to test and rate such products according to the alternate test 
procedure as set forth in paragraph (3) below:

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****             ....................
 

     (3) Electrolux shall be required to test the products listed in 
paragraph (2) above according to the test procedures for electric 
refrigerator-freezers prescribed by DOE at 10 CFR part 430, appendix 
A1, except that, for the Electrolux products listed in paragraph (2) 
only:
    (A) The following definition is added at the end of Section 1:

    1.13 Variable anti-sweat heater control means an anti-sweat 
heater where power supplied to the device is determined by an 
operating condition variable(s) and/or ambient condition 
variable(s).

    (B) Section 2.2 is revised to read as follows:

    2.2 Operational conditions. The electric refrigerator or 
electric refrigerator-freezer shall be installed and its operating 
conditions maintained in accordance with HRF-1-1979, section 7.2 
through section 7.4.3.3. except that the vertical ambient 
temperature gradient at locations 10 inches (25.4 cm) out from the 
centers of the two sides of the unit being tested is to be 
maintained during the test. Unless shields or baffles obstruct the 
area, the gradient is to be maintained from 2 inches (5.1 cm) above 
the floor or supporting platform to a height 1 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 by performing 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 sections 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 defined in the following table:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
A1 = 0.034                        A6 = 0.119
A2 = 0.211                        A7 = 0.069
A3 = 0.204                        A8 = 0.047
A4 = 0.166                        A9 = 0.008
A5 = 0.126                        A10 = 0.015
------------------------------------------------------------------------

Heater Watts at a specific relative humidity = the nominal watts 
used by all heaters at that specific relative humidity, 72 [deg]F 
ambient, and DOE reference temperatures of fresh food (FF) average 
temperature of 45 [deg]F and freezer (FZ) average temperature of 5 
[deg]F. System-loss Factor = 1.3

    (4) Representations. Electrolux may make representations about the 
energy use of its adaptive control anti-sweat heater refrigerator-
freezer products for compliance, marketing, or other purposes only to 
the extent that such products have been tested in accordance with the 
provisions outlined above and such representations fairly disclose the 
results of such testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.

    Issued in Washington, DC on April 22, 2010.

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

[FR Doc. 2010-9973 Filed 4-28-10; 8:45 am]
BILLING CODE 6450-01-P