Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of LG Electronics, Inc. (LG) From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver, 34726-34731 [2010-14758]
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34726
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
access the document. For assistance,
contact FERC Online Support.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–14721 Filed 6–17–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–016]
Energy Conservation Program for
Consumer Products: Notice of Petition
for Waiver of LG Electronics, Inc. (LG)
From the Department of Energy
Residential Refrigerator and
Refrigerator-Freezer Test Procedure,
and Grant of Interim Waiver
srobinson on DSKHWCL6B1PROD 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 LG 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.
Today’s notice also grants an interim
waiver of the test procedures applicable
to residential refrigerator-freezers.
Through this document, DOE is
soliciting comments with respect to the
LG petition.
DATES: DOE will accept comments, data,
and information with respect to the LG
petition until, but no later than July 19,
2010.
ADDRESSES: You may submit comments,
identified by case number RF–016, 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–016], and/or ‘‘LG 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,
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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 Title 10 of the Code of
Federal Regulations (10 CFR) 430.27(d).
The contact information for the
petitioner is: John I. Taylor, Vice
President, Government Relations and
Communications, LG Electronics USA,
Inc., 1776 K Street, NW., Washington,
DC 20006. E-mail: john.taylor@lge.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 (4) prior DOE
rulemakings regarding refrigerators.
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. Betsy Kohl, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
PO 00000
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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 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. (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
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
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
430.27(a)(2); 430.27(g)) An interim
waiver remains in effect for a period of
180 days or until DOE issues its
determination on the petition for
waiver, whichever is sooner, and may
be extended for an additionally 180
days, if necessary. (10 CFR 430.27(h))
II. Petition for Waiver of Test Procedure
On April 20, 2010, LG filed a petition
for waiver from the test procedure
applicable to residential electric
refrigerators and refrigerator-freezers set
forth in 10 CFR part 430, subpart B,
appendix A1. LG is designing new
refrigerators and refrigerator-freezers
that contain variable anti-sweat heater
controls that detect a broad range of
temperature and humidity conditions,
and respond by activating adaptive
heaters, as needed, to evaporate excess
moisture. LG’s technology is similar to
that used by General Electric Company
(GE), Whirlpool Corporation
(Whirlpool), Electrolux, Haier and
Samsung Electronics America, Inc.
(Samsung). The GE, Whirlpool and
Electrolux waivers were granted
February 27, 2008 (73 FR 10425), May
5, 2009 (74 FR 20695), and December
15, 2009 (74 FR 66338), respectively.
DOE granted an interim waiver to Haier
on March 11, 2010 (75 FR 11522) and
to Samsung on April 16, 2010 (75 FR
1959).
In its petition, LG seeks a waiver from
the existing DOE test procedure
applicable to refrigerators and
refrigerator-freezers under 10 CFR part
430 because the existing test procedure
takes neither ambient humidity nor
adaptive technology into account.
Therefore, LG states that the test
procedure does not accurately measure
the energy consumption of LG’s new
refrigerators and refrigerator-freezers
that feature variable anti-sweat heater
controls and adaptive heaters.
Consequently, LG has submitted to DOE
for approval an alternate test procedure
that would allow it to correctly calculate
the energy consumption of this new
product line. LG’s alternate test
procedure is the same in all relevant
particulars as that prescribed for other
manufacturers for refrigerators and
refrigerator-freezers that are equipped
with the same type of technology. The
alternate test procedure applicable to
these products simulates the energy
used by the adaptive heaters in a typical
consumer household, as explained in
the decision and order that DOE
published in the Federal Register on
February 27, 2008. 73 FR 10425. DOE
believes that it is in the public interest
to have similar products tested and
rated for energy consumption on a
comparable basis.
III. Application for Interim Waiver
LG also requests an interim waiver
from the existing DOE test procedure.
Under 10 CFR 430.27(b)(2), each
application for interim waiver ‘‘shall
demonstrate likely success of the
petition for waiver and shall address
what economic hardship and/or
competitive disadvantage is likely to
result absent a favorable determination
on the application for interim waiver.’’
An interim waiver may be granted if it
is determined that the applicant will
experience economic hardship if the
application for interim waiver is denied,
if it appears likely that the petition for
waiver will be granted, and/or the
Assistant Secretary determines that it
would be desirable for public policy
reasons to grant immediate relief
pending a determination of the petition
for waiver. (10 CFR 430.27(g))
DOE determined that LG’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 LG
might experience absent a favorable
determination on its application for
interim waiver. However, DOE
understands that absent an interim
waiver, LG’s products would not
otherwise be tested and rated for energy
consumption on a comparable basis
with equivalent products for which DOE
previously granted waivers, and would
be required to represent a higher energy
consumption for essentially the same
product. Furthermore, it appears likely
that LG’s Petition for Waiver will be
granted, and it is desirable for public
policy reasons to grant LG immediate
relief pending a determination on the
petition for waiver. As stated above,
DOE has already granted similar waivers
to GE, Whirlpool, and Electrolux, as
well as interim waivers to Haier and
Samsung, 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 LG, which has
products containing similar relative
humidity sensors and anti-sweat
heaters. DOE has also concluded that it
is in the public interest to have similar
products tested and rated for energy
consumption on a comparable basis.
For the reasons stated above, DOE
grants LG’s application for interim
waiver from testing of its refrigeratorfreezer product line containing relative
humidity sensors and adaptive control
anti-sweat heaters. Therefore, it is
ordered that:
The application for interim waiver
filed by LG is hereby granted for LG’s
refrigerator-freezer product line
containing relative humidity sensors
and adaptive control anti-sweat heaters,
subject to the specifications and
conditions below.
1. LG shall not be required to test or
rate its refrigerator-freezer product line
containing relative humidity sensors
and adaptive control anti-sweat heaters
based on the test procedure under 10
CFR part 430 subpart B, appendix A1.
2. LG shall be required to test and rate
its refrigerator-freezer product line
containing relative humidity sensors
and adaptive control anti-sweat heaters
according to the alternate test procedure
as set forth in section IV, ‘‘Alternate Test
Procedure.’’
The interim waiver applies to the
following basic model groups:
srobinson on DSKHWCL6B1PROD with NOTICES
Type
Sales model
3D (3 door) Basic .........................................................................
3D Water Dispenser only .............................................................
3D Ice Water Dispenser ...............................................................
4D Basic .......................................................................................
4D Water Dispenser only .............................................................
4D Ice-Water Dispenser ...............................................................
3D Ice-Water Dispenser ...............................................................
4D Ice-Water Dispenser ...............................................................
All ..................................................................................................
2D SXS .........................................................................................
3D Basic .......................................................................................
3D Basic .......................................................................................
3D Basic .......................................................................................
LFC2#7##** ........................................
LFD2#8##** ........................................
LFX2#9##LG .......................................
LMC2#7##** ........................................
LMD2#8##** ........................................
LMX2#9##** ........................................
LSFX213ST ........................................
LSMX214ST ........................................
795.#####.### ....................................
LSC23944** ........................................
LFC20745** ........................................
7831# ..................................................
LFC23760** ........................................
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Brand
LG
LG
LG
LG
LG
LG
Viking
Viking
Kenmore
LG
LG
Kenmore
LG
18JNN1
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
Type
Sales model
3D Basic .......................................................................................
3D Dispenser ................................................................................
3D Dispenser ................................................................................
3D Ice and Water .........................................................................
3D Ice and Water .........................................................................
All ..................................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
2D SXS .........................................................................................
3D Basic .......................................................................................
3D Basic .......................................................................................
3D Basic .......................................................................................
3D Basic .......................................................................................
3D Basic .......................................................................................
3D Dispenser ................................................................................
3D Dispenser ................................................................................
3D Ice and Water .........................................................................
3D Ice and Water .........................................................................
All ..................................................................................................
LFC23770** ........................................
LFD23860** ........................................
7835# ..................................................
7841# ..................................................
LFX23965** .........................................
501.##### ...........................................
LRSC26923** ......................................
LRSC26925** ......................................
5101# ..................................................
5102# ..................................................
5103# ..................................................
LSC27914** ........................................
LSC27934** ........................................
5107# ..................................................
5108# ..................................................
5109# ..................................................
5131# ..................................................
5132# ..................................................
5137# ..................................................
LSC23924** ........................................
LSC23954** ........................................
LFC20760** ........................................
7130# ..................................................
7830# ..................................................
LFC23760** ........................................
LFC23770** ........................................
7834# ..................................................
7835# ..................................................
7840# ..................................................
LFX23961** .........................................
795.#####.### ....................................
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.
srobinson on DSKHWCL6B1PROD with NOTICES
IV. Alternate Test Procedure
For the duration of the interim
waiver, LG shall be required to use the
test procedures for electric refrigeratorfreezers prescribed by DOE at 10 CFR
part 430, appendix A1, except that, for
the LG 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
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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) ×
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Brand
LG
LG
Kenmore
Kenmore
LG
Kenmore
LG
LG
Kenmore
Kenmore
Kenmore
LG
LG
Kenmore
Kenmore
Kenmore
Kenmore
Kenmore
Kenmore
LG
LG
LG
Kenmore
Kenmore
LG
LG
Kenmore
Kenmore
Kenmore
LG
Kenmore
(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.
V. Summary and Request for Comments
Through today’s notice, DOE grants
LG an interim waiver from the specified
portions of the test procedure applicable
to LG’s new line of refrigerators and
refrigerator-freezers with variable antisweat heater controls and adaptive
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
heaters, and announces receipt of LG’s
petition for waiver from certain parts of
the test procedure that apply to basic
models of refrigerators and refrigeratorfreezers with variable anti-sweat heater
controls and adaptive heaters
manufactured by LG. DOE is publishing
LG’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 LG’s
specified refrigerators and refrigeratorfreezers with adaptive anti-sweat
heaters. DOE is interested in receiving
comments from interested parties on all
aspects of the petition, including the
suggested alternate test procedure and
calculation methodology. Pursuant to 10
CFR 430.27(b)(1)(iv), any person
submitting written comments to DOE
must also send a copy of such
comments to the petitioner, whose
contact information is included in the
ADDRESSES section above.
srobinson on DSKHWCL6B1PROD with NOTICES
Issued in Washington, DC, on June 11,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
April 20, 2010
The Honorable Catherine Zoi
Assistant Secretary, Energy Efficiency
and Renewable Energy
United States Department of Energy
Mail Station EE–10
Forrestal Building
1000 Independence Avenue, SW
Washington, DC 20585
Re: Petition for Waiver and Application
for Interim Waiver, RefrigeratorFreezers with Adaptive Anti-Sweat
Heater Technology
Dear Assistant Secretary Zoi:
LG Electronics, Inc. (LG) respectfully
submits this Petition for Waiver and
Application for Interim Waiver,
pursuant to 10 CFR § 430.27, for LG
refrigerator-freezers with adaptive antisweat heater technology.
The applicable Department of Energy
(DOE) test procedure does not provide
an appropriate method for testing and
rating refrigerator-freezers with this
technology. DOE has recognized this in
granting waiver relief to other
manufacturers, including Electrolux,
General Electric, LG, Samsung, and
Whirlpool.
LG is a manufacturer of digital
appliances, as well as mobile
communications, digital displays, and
digital media products. Its appliances
include refrigerators, refrigeratorfreezers, air-conditioners, washing
machines, clothes dryers, air cleaners,
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ovens, microwave ovens, dishwashers,
and vacuum cleaners and are sold
worldwide, including in the United
States. LG’s U.S. operations are LG
Electronics USA, Inc., with
headquarters at 1000 Sylvan Avenue,
Englewood Cliffs, NJ 07632 (tel. 201–
816–2000). Its worldwide headquarters
are located at LG Twin Towers 20,
Yoido-dong, Youngdungpo-gu Seoul,
Korea 150–721; (tel. 011–82–2–3777–
1114); URL: https://www.LGE.com. LG’s
principal brands include LG® and OEM
brands, including GE® and Kenmore®.
LG’s appliances are produced in Korea
and Mexico.
LG’s refrigerator-freezers with
adaptive anti-sweat heater technology
are beneficial products. They react
according to different ambient
conditions such as temperature and
humidity. A list of models is set forth
in Appendix A hereto.
A waiver and interim waiver for
adaptive anti-sweat heater technology is
warranted. The test procedure under the
Energy Policy and Conservation Act
(EPCA), 42 U.S.C. § 6291 et seq., namely
10 C.F.R. Pt. 430, Subpt. B, App. Al, as
applied to refrigerator-freezers with this
technology will yield different test
results depending on the relative
ambient relative humidity in the test
chamber. The test procedure does not
specify a value for the relative ambient
humidity in the test chamber. Thus, the
test procedure evaluates the LG basic
models in a manner so unrepresentative
of their true energy consumption
characteristics as to provide materially
inaccurate comparative data, and/or the
basic models contain one or more
design characteristics that prevent
testing of the basic models according to
the prescribed test procedures. In such
circumstances DOE ‘‘will grant’’ waiver
relief. 10 C.F.R. §§ 430.27(l).
LG’s adaptive anti-sweat heater
technology is similar to that of
Electrolux, General Electric, LG,
Samsung, and Whirlpool for
refrigerator-freezers that have been the
subject of waiver relief.1 As with such
companies for which waiver relief has
been granted, LG should be required to
test and rate the product lines
containing this technology (see
1 See, 75 Fed. Reg. 19959 (April 16, 2010)
(Samsung; grant of interim waiver); id. 13120
(March 18, 2010) (Samsung; grant of waiver); id.
11530 (March 11, 2010) (Electrolux; grant of
waiver); id. 11522 (March 11, 2010) (LG; grant of
interim waiver); id. 4539 (Jan. 28, 2010) (Electrolux;
grant of interim waiver); 74 Fed. Reg. 66338 (Dec.
15, 2009) (Electrolux; grant of waiver); id. 66340
(Dec. 15, 2009) (Samsung; grant of interim waiver);
id. 26853 (June 4, 2009) Electrolux; grant of interim
waiver); id. 20695 (May 5, 2009) (Whirlpool; grant
of waiver); 73 Fed. Reg. 10425 (Feb. 27, 2008)
(General Electric; grant of waiver).
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34729
Appendix A hereto) according to an
alternative test procedure rather than be
required to test or rate on the basis of
the test procedure under 10 C.F.R. Part
430, Subpart B, Appendix A1. The
alternative test procedure provides for
the test to be run with the anti-sweat
heater switch in the ‘‘off’’ position and
then, because the test chamber is not
humidity-controlled, there would be
added to that result the kilowatt hours
per day derived by calculating the
energy used when the anti-sweat heater
is in the ‘‘on’’ position. The alternative
is set forth in detail in Appendix B
hereto.
The waiver should continue until a
test procedure can be developed and
adopted by DOE that will provide a fair
and accurate assessment of this
technology’s energy consumption and
efficiency levels. LG believes that the
alternative test procedure in this
petition does provide a fair and accurate
assessment.
LG also requests immediate relief by
grant of an interim waiver. Grant of an
interim waiver is fully justified:
— The petition for waiver is likely to
be granted, as evidenced not only by its
merits, but also because DOE has
granted waiver relief to other
manufacturers. The rationale for
granting relief to them applies equally to
LG. And, it is in the public interest for
comparable products to be tested in a
comparable manner.
— Without waiver relief, LG will
suffer economic hardship. LG would be
placed in an untenable situation:
refrigerator-freezers with this
technology would be subject to a set of
Regulations that clearly should not
apply to such a product. Without such
relief, LG’s products would not be tested
and rated for energy consumption on a
comparable basis with comparable
products for which DOE previously
granted waivers. LG would be required
to represent a higher energy
consumption than would be the case
with waiver relief.
— Significant investment has already
been made in refrigerator-freezers with
this technology. Lack of relief would not
allow LG to recoup this investment and
would deny LG anticipated sales
revenue. This does not take into account
significant losses in goodwill and brand
acceptance.
— The basic purpose of EPCA is to
foster purchase of energy-efficient
products, not hinder such purchases. LG
refrigerator-freezers with this
technology are beneficial and in the
public interest. To encourage and foster
the availability of these products is in
the public interest. Standards programs
should not be used as a means to block
E:\FR\FM\18JNN1.SGM
18JNN1
34730
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
innovative, improved designs.2 DOE’s
rules should accommodate and
encourage such a product.
— Granting the interim waiver and
waiver would also eliminate a non-tariff
trade barrier.
— Grant of relief would also help
enhance economic development and
employment, including not only LG
Electronics USA’s operations in New
Jersey, Illinois and Alabama, but also at
major national retailers and regional
dealers that carry LG products.
Furthermore, continued employment
creation and ongoing investments in its
marketing, sales and servicing activities
will be fostered by approval of the
interim waiver. Conversely, denial of
the requested relief would harm the
company and would be anticompetitive.
CONCLUSION
LG respectfully requests that DOE
grant a waiver and interim waiver from
existing test procedures for LG
refrigerator-freezers with adaptive antisweat heater technology until such time
as a representative test procedure is
developed and adopted by DOE for such
products. In the meantime, the
alternative test procedure set forth
herein is appropriate.
We would be pleased to discuss this
request with DOE and provide further
information as needed.
We hereby certify that all
manufacturers of domestically marketed
units of the same product type have
been notified by letter of this petition
and application, copies of which letters
are set forth in Appendix C hereto.
Sincerely,
John I. Taylor
Vice President
Government Relations and Communications
LG Electronics USA, Inc.
1776 K Street, NW
Washington, DC 20006
Phone: 202–719–3490
Fax: 847–941–8177
srobinson on DSKHWCL6B1PROD with NOTICES
Type
3D
3D
3D
4D
4D
4D
3D
4D
All
2D
3D
3D
3D
3D
3D
3D
3D
3D
All
2D
2D
2D
2D
2D
2D
2D
2D
2D
2D
2D
2D
2D
2D
2D
3D
3D
3D
3D
3D
3D
3D
VerDate Mar<15>2010
16:17 Jun 17, 2010
Jkt 220001
APPENDIX A
The waiver requested by LG should
apply to the following model series of
LG refrigerator-freezers, which include
LG, Kenmore®, and Viking® brands.
Please note that the actual model
numbers will vary to account for such
factors as year of manufacture, product
color, or other features. Nonetheless,
they will always include anti-sweat
technology whose energy impact is
calculated in accordance with this
petition.
(In the chart below, ‘‘#’’ represents a
number; ‘‘*’’ represents a letter.)
Sales Model
(3 door) Basic .........................................................................................................................
Water Dispenser only .............................................................................................................
Ice Water Dispenser ...............................................................................................................
Basic .......................................................................................................................................
Water Dispenser only .............................................................................................................
Ice-Water Dispenser ...............................................................................................................
Ice-Water Dispenser ...............................................................................................................
Ice-Water Dispenser ...............................................................................................................
.................................................................................................................................................
SXS ........................................................................................................................................
Basic .......................................................................................................................................
Basic .......................................................................................................................................
Basic .......................................................................................................................................
Basic .......................................................................................................................................
Dispenser ...............................................................................................................................
Dispenser ...............................................................................................................................
Ice and Water .........................................................................................................................
Ice and Water .........................................................................................................................
.................................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
SXS ........................................................................................................................................
Basic .......................................................................................................................................
Basic .......................................................................................................................................
Basic .......................................................................................................................................
Basic .......................................................................................................................................
Basic .......................................................................................................................................
Dispenser ...............................................................................................................................
Dispenser ...............................................................................................................................
2 See FTC Advisory Opinion No. 457, TRRP
1718.20 (1971 Transfer Binder); 49 Fed. Reg. 32213
Email: john.taylor@lge.com
Of counsel:
John A. Hodges
Wiley Rein LLP
1776 K Street, NW
Washington, DC 20006
Phone: 202–719–7000
Fax: 202–719–7049
Email: jhodges@wileyrein.com
LFC2#7##**
LFD2#8##**
LFX2#9##LG
LMC2#7##**
LMD2#8##**
LMX2#9##**
LSFX213ST
LSMX214ST
795.#####.###
LSC23944**
LFC20745**
7831#
LFC23760**
LFC23770**
LFD23860**
7835#
7841#
LFX23965**
501.#####
LRSC26923**
LRSC26925**
5101#
5102#
5103#
LSC27914**
LSC27934**
5107#
5108#
5109#
5131#
5132#
5137#
LSC23924**
LSC23954**
LFC20760**
7130#
7830#
LFC23760**
LFC23770**
7834#
7835#
(Aug. 13, 1984); 52 Fed. Reg. 49141, 49147–48 (Dec.
30, 1987).
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
E:\FR\FM\18JNN1.SGM
18JNN1
Brand
LG
LG
LG
LG
LG
LG
Viking
Viking
Kenmore
LG
LG
Kenmore
LG
LG
LG
Kenmore
Kenmore
LG
Kenmore
LG
LG
Kenmore
Kenmore
Kenmore
LG
LG
Kenmore
Kenmore
Kenmore
Kenmore
Kenmore
Kenmore
LG
LG
LG
Kenmore
Kenmore
LG
LG
Kenmore
Kenmore
34731
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
Type
Sales Model
3D Ice and Water .........................................................................................................................
3D Ice and Water .........................................................................................................................
All .................................................................................................................................................
srobinson on DSKHWCL6B1PROD with NOTICES
APPENDIX B
As requested in this petition, LG
should be required to test the products
for which a waiver is requested
according to the test procedures for
electric refrigerator-freezers prescribed
by DOE at 10 CFR Part 430, Appendix
A1, except that, for the LG products: (A)
The following definition is added at the
end of Section 1:
1.13 ‘‘Variable anti-sweat heater
control’’ means an anti-sweat heater
where power supplied to the device is
determined by an operating condition
variable(s) and/or ambient condition
variable(s).
(B) Section 2.2 is revised to read as
follows:
2.2 Operational conditions. The
electric refrigerator or electric
refrigerator-freezer shall be installed and
its operating conditions maintained in
accordance with HRF–1–1979, section
7.2 through section 7.4.3.3. except that
the vertical ambient temperature
gradient at locations 10 inches (25.4 cm)
out from the centers of the two sides of
the unit being tested is to be maintained
during the test. Unless shields or baffles
obstruct the area, the gradient is to be
maintained from 2 inches (5.1 cm)
above the floor or supporting platform
to a height one foot (30.5 cm) above the
unit under test. Defrost controls are to
be operative. The anti-sweat heater
switch is to be ‘‘off’’ during one test and
‘‘on’’ during the second test. In the case
of an electric refrigerator-freezer
equipped with variable anti-sweat
heater control, the ‘‘on’’ test will be the
result of the calculation described in
6.2.3. Other exceptions are noted in 2.3,
2.4, and 5.1 below.
(C) New section 6.2.3 is inserted after
section 6.2.2.2.
6.2.3 Variable anti-sweat heater control
test. The energy consumption of an electric
refrigerator-freezer with a variable anti-sweat
heater control in the ‘‘on’’ position (E[on]),
expressed in kilowatt-hours per day, shall be
calculated equivalent to:
E[ON] = E + (Heater Contribution) [note:
called ‘‘correction factor’’ by General
Electric]
where E is determined by 6.2.1.1, 6.2.1.2,
6.2.2.1, or 6.2.2.2, whichever is appropriate,
with the anti-sweat heater switch in the ‘‘off’’
position.
Heater Contribution n1 = (Anti-sweat Heater
Power × System-loss Factor) × (24 hrs/1
VerDate Mar<15>2010
16:17 Jun 17, 2010
Jkt 220001
7840#
LFX23961**
795.#####.###
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)
v+ 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
[degrees] F ambient, and DOE reference
temperatures of fresh food average
temperature of 45 [degrees] F and freezer
average temperature of 5 [degrees] F.
System-loss Factor = 1.3
[FR Doc. 2010–14758 Filed 6–17–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–024]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Daikin AC
(Americas), Inc. (Daikin) From the
Department of Energy Residential
Central Air Conditioner and Heat Pump
Test Procedures
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and order.
SUMMARY: This notice publishes the U.S.
Department of Energy’s (DOE) decision
and order in Case No. CAC–024. DOE
grants a waiver to Daikin from the
existing DOE test procedure applicable
to residential central air conditioners
and heat pumps. The waiver request is
specific to the Daikin Altherma air-towater heat pump with integrated
domestic water heating. The test method
for central air conditioners and heat
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
Brand
Kenmore
LG
Kenmore
pumps contained in 10 CFR part 430,
subpart B, appendix M does not include
any provisions to account for the
operational characteristics of an air-towater heat pump, or any central airconditioning heat pump with an
integrated domestic hot water
component. As a condition of this
waiver, Daikin must test and rate its
Altherma heat pump products according
to the alternate test procedure set forth
in this notice.
DATES: This decision and order is
effective June 18, 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:
Michael.Raymond@ee.doe.gov.
Ms. Jennifer Tiedeman, 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) 287–6111. Email:
mailto:Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with 10 CFR 430.27(l), DOE
gives notice of the issuance of its
decision and order as set forth below. In
this decision and order, DOE grants
Daikin a waiver from the applicable
residential central air conditioner and
heat pump test procedures at 10 CFR
part 430, subpart B, appendix M. The
waiver applies to certain basic models
of the Daikin Altherma system, which
consists of an air-to-water heat pump
that provides hydronic heating and
cooling as well as domestic hot water
functions. Daikin must test and rate
such products using the alternate test
procedure described in this notice.
Further, today’s decision requires that
Daikin may not make any
representations concerning the energy
efficiency of these products unless such
product has been tested consistent with
the provisions and restrictions in the
alternate test procedure set forth in the
decision and order below, and such
representations fairly disclose the
results of such testing. (42 U.S.C.
6314(d)) Distributors, retailers, and
private labelers are held to the same
E:\FR\FM\18JNN1.SGM
18JNN1
]]>Agencies
[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34726-34731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14758]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-016]
Energy Conservation Program for Consumer Products: Notice of
Petition for Waiver of LG Electronics, Inc. (LG) 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 LG 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. Today's notice
also grants an interim waiver of the test procedures applicable to
residential refrigerator-freezers. Through this document, DOE is
soliciting comments with respect to the LG petition.
DATES: DOE will accept comments, data, and information with respect to
the LG petition until, but no later than July 19, 2010.
ADDRESSES: You may submit comments, identified by case number RF-016,
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-016], and/or ``LG 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 Title 10 of the Code of
Federal Regulations (10 CFR) 430.27(d). The contact information for the
petitioner is: John I. Taylor, Vice President, Government Relations and
Communications, LG Electronics USA, Inc., 1776 K Street, NW.,
Washington, DC 20006. E-mail: john.taylor@lge.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 (4) prior DOE
rulemakings regarding refrigerators. 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. Betsy 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 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. (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 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
[[Page 34727]]
430.27(a)(2); 430.27(g)) An interim waiver remains in effect for a
period of 180 days or until DOE issues its determination on the
petition for waiver, whichever is sooner, and may be extended for an
additionally 180 days, if necessary. (10 CFR 430.27(h))
II. Petition for Waiver of Test Procedure
On April 20, 2010, LG filed a petition for waiver from the test
procedure applicable to residential electric refrigerators and
refrigerator-freezers set forth in 10 CFR part 430, subpart B, appendix
A1. LG is designing new refrigerators and refrigerator-freezers that
contain variable anti-sweat heater controls that detect a broad range
of temperature and humidity conditions, and respond by activating
adaptive heaters, as needed, to evaporate excess moisture. LG's
technology is similar to that used by General Electric Company (GE),
Whirlpool Corporation (Whirlpool), Electrolux, Haier and Samsung
Electronics America, Inc. (Samsung). The GE, Whirlpool and Electrolux
waivers were granted February 27, 2008 (73 FR 10425), May 5, 2009 (74
FR 20695), and December 15, 2009 (74 FR 66338), respectively. DOE
granted an interim waiver to Haier on March 11, 2010 (75 FR 11522) and
to Samsung on April 16, 2010 (75 FR 1959).
In its petition, LG seeks a waiver from the existing DOE test
procedure applicable to refrigerators and refrigerator-freezers under
10 CFR part 430 because the existing test procedure takes neither
ambient humidity nor adaptive technology into account. Therefore, LG
states that the test procedure does not accurately measure the energy
consumption of LG's new refrigerators and refrigerator-freezers that
feature variable anti-sweat heater controls and adaptive heaters.
Consequently, LG has submitted to DOE for approval an alternate test
procedure that would allow it to correctly calculate the energy
consumption of this new product line. LG's alternate test procedure is
the same in all relevant particulars as that prescribed for other
manufacturers for refrigerators and refrigerator-freezers that are
equipped with the same type of technology. The alternate test procedure
applicable to these products simulates the energy used by the adaptive
heaters in a typical consumer household, as explained in the decision
and order that DOE published in the Federal Register on February 27,
2008. 73 FR 10425. DOE believes that it is in the public interest to
have similar products tested and rated for energy consumption on a
comparable basis.
III. Application for Interim Waiver
LG also requests an interim waiver from the existing DOE test
procedure. Under 10 CFR 430.27(b)(2), each application for interim
waiver ``shall demonstrate likely success of the petition for waiver
and shall address what economic hardship and/or competitive
disadvantage is likely to result absent a favorable determination on
the application for interim waiver.'' An interim waiver may be granted
if it is determined that the applicant will experience economic
hardship if the application for interim waiver is denied, if it appears
likely that the petition for waiver will be granted, and/or the
Assistant Secretary determines that it would be desirable for public
policy reasons to grant immediate relief pending a determination of the
petition for waiver. (10 CFR 430.27(g))
DOE determined that LG'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 LG might experience absent a favorable determination on its
application for interim waiver. However, DOE understands that absent an
interim waiver, LG's products would not otherwise be tested and rated
for energy consumption on a comparable basis with equivalent products
for which DOE previously granted waivers, and would be required to
represent a higher energy consumption for essentially the same product.
Furthermore, it appears likely that LG's Petition for Waiver will be
granted, and it is desirable for public policy reasons to grant LG
immediate relief pending a determination on the petition for waiver. As
stated above, DOE has already granted similar waivers to GE, Whirlpool,
and Electrolux, as well as interim waivers to Haier and Samsung,
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 LG, which has products
containing similar relative humidity sensors and anti-sweat heaters.
DOE has also concluded that it is in the public interest to have
similar products tested and rated for energy consumption on a
comparable basis.
For the reasons stated above, DOE grants LG's application for
interim waiver from testing of its refrigerator-freezer product line
containing relative humidity sensors and adaptive control anti-sweat
heaters. Therefore, it is ordered that:
The application for interim waiver filed by LG is hereby granted
for LG's refrigerator-freezer product line containing relative humidity
sensors and adaptive control anti-sweat heaters, subject to the
specifications and conditions below.
1. LG shall not be required to test or rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive
control anti-sweat heaters based on the test procedure under 10 CFR
part 430 subpart B, appendix A1.
2. LG shall be required to test and rate its refrigerator-freezer
product line containing relative humidity sensors and adaptive control
anti-sweat heaters according to the alternate test procedure as set
forth in section IV, ``Alternate Test Procedure.''
The interim waiver applies to the following basic model groups:
------------------------------------------------------------------------
Type Sales model Brand
------------------------------------------------------------------------
3D (3 door) Basic............... LFC27**.
3D Water Dispenser only......... LFD28**.
3D Ice Water Dispenser.......... LFX29LG.
4D Basic........................ LMC27**.
4D Water Dispenser only......... LMD28**.
4D Ice-Water Dispenser.......... LMX29**.
3D Ice-Water Dispenser.......... LSFX213ST......... Viking
4D Ice-Water Dispenser.......... LSMX214ST......... Viking
All............................. 795....... Kenmore
3D Basic........................ LFC23760**........ LG
[[Page 34728]]
3D Basic........................ LFC23770**........ LG
3D Dispenser.................... LFD23860**........ LG
3D Dispenser.................... 7835..... Kenmore
3D Ice and Water................ 7841..... Kenmore
3D Ice and Water................ LFX23965**........ LG
All............................. 501..
2D SXS.......................... LRSC26923**....... LG
2D SXS.......................... LRSC26925**....... LG
2D SXS.......................... 5101..... Kenmore
2D SXS.......................... 5102..... Kenmore
2D SXS.......................... 5103..... Kenmore
2D SXS.......................... LSC27914**........ LG
2D SXS.......................... LSC27934**........ LG
2D SXS.......................... 5107..... Kenmore
2D SXS.......................... 5108..... Kenmore
2D SXS.......................... 5109..... Kenmore
2D SXS.......................... 5131..... Kenmore
2D SXS.......................... 5132..... Kenmore
2D SXS.......................... 5137..... Kenmore
2D SXS.......................... LSC23924**........ LG
2D SXS.......................... LSC23954**........ LG
3D Basic........................ LFC20760**........ LG
3D Basic........................ 7130..... Kenmore
3D Basic........................ 7830..... Kenmore
3D Basic........................ LFC23760**........ LG
3D Basic........................ LFC23770**........ LG
3D Dispenser.................... 7834..... Kenmore
3D Dispenser.................... 7835..... Kenmore
3D Ice and Water................ 7840..... Kenmore
3D Ice and Water................ LFX23961**........ LG
All............................. 795..on), expressed
in kilowatt-hours per day, shall be calculated equivalent to:
EON = E + (Correction Factor)
where E is determined by 6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2,
whichever is appropriate, with the anti-sweat heater switch in the
``off'' position.
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x
(24 hrs/1 day) x (1 kW/1000 W)
where:
Anti-sweat Heater Power = A1 * (Heater Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)
where A1-A10 are from the following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
A1 = 0.034 A6 = 0.119
A2 = 0.211 A7 = 0.069
A3 = 0.204 A8 = 0.047
A4 = 0.166 A9 = 0.008
A5 = 0.126 A10 = 0.015
------------------------------------------------------------------------
Heater Watts at a specific relative humidity = the nominal watts used
by all heaters at that specific relative humidity, 72 [deg]F ambient,
and DOE reference temperatures of fresh food (FF) average temperature
of 45 [deg]F and freezer (FZ) average temperature of 5 [deg]F.
System-loss Factor = 1.3.
V. Summary and Request for Comments
Through today's notice, DOE grants LG an interim waiver from the
specified portions of the test procedure applicable to LG's new line of
refrigerators and refrigerator-freezers with variable anti-sweat heater
controls and adaptive
[[Page 34729]]
heaters, and announces receipt of LG's petition for waiver from certain
parts of the test procedure that apply to basic models of refrigerators
and refrigerator-freezers with variable anti-sweat heater controls and
adaptive heaters manufactured by LG. DOE is publishing LG'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 LG'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 June 11, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
April 20, 2010
The Honorable Catherine Zoi
Assistant Secretary, Energy Efficiency and Renewable Energy
United States Department of Energy
Mail Station EE-10
Forrestal Building
1000 Independence Avenue, SW
Washington, DC 20585
Re: Petition for Waiver and Application for Interim Waiver,
Refrigerator-Freezers with Adaptive Anti-Sweat Heater Technology
Dear Assistant Secretary Zoi:
LG Electronics, Inc. (LG) respectfully submits this Petition for
Waiver and Application for Interim Waiver, pursuant to 10 CFR Sec.
430.27, for LG refrigerator-freezers with adaptive anti-sweat heater
technology.
The applicable Department of Energy (DOE) test procedure does not
provide an appropriate method for testing and rating refrigerator-
freezers with this technology. DOE has recognized this in granting
waiver relief to other manufacturers, including Electrolux, General
Electric, LG, Samsung, and Whirlpool.
LG is a manufacturer of digital appliances, as well as mobile
communications, digital displays, and digital media products. Its
appliances include refrigerators, refrigerator-freezers, air-
conditioners, washing machines, clothes dryers, air cleaners, ovens,
microwave ovens, dishwashers, and vacuum cleaners and are sold
worldwide, including in the United States. LG's U.S. operations are LG
Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue,
Englewood Cliffs, NJ 07632 (tel. 201-816-2000). Its worldwide
headquarters are located at LG Twin Towers 20, Yoido-dong, Youngdungpo-
gu Seoul, Korea 150-721; (tel. 011-82-2-3777-1114); URL: https://www.LGE.com. LG's principal brands include LG[supreg] and OEM brands,
including GE[supreg] and Kenmore[supreg]. LG's appliances are produced
in Korea and Mexico.
LG's refrigerator-freezers with adaptive anti-sweat heater
technology are beneficial products. They react according to different
ambient conditions such as temperature and humidity. A list of models
is set forth in Appendix A hereto.
A waiver and interim waiver for adaptive anti-sweat heater
technology is warranted. The test procedure under the Energy Policy and
Conservation Act (EPCA), 42 U.S.C. Sec. 6291 et seq., namely 10 C.F.R.
Pt. 430, Subpt. B, App. Al, as applied to refrigerator-freezers with
this technology will yield different test results depending on the
relative ambient relative humidity in the test chamber. The test
procedure does not specify a value for the relative ambient humidity in
the test chamber. Thus, the test procedure evaluates the LG basic
models in a manner so unrepresentative of their true energy consumption
characteristics as to provide materially inaccurate comparative data,
and/or the basic models contain one or more design characteristics that
prevent testing of the basic models according to the prescribed test
procedures. In such circumstances DOE ``will grant'' waiver relief. 10
C.F.R. Sec. Sec. 430.27(l).
LG's adaptive anti-sweat heater technology is similar to that of
Electrolux, General Electric, LG, Samsung, and Whirlpool for
refrigerator-freezers that have been the subject of waiver relief.\1\
As with such companies for which waiver relief has been granted, LG
should be required to test and rate the product lines containing this
technology (see Appendix A hereto) according to an alternative test
procedure rather than be required to test or rate on the basis of the
test procedure under 10 C.F.R. Part 430, Subpart B, Appendix A1. The
alternative test procedure provides for the test to be run with the
anti-sweat heater switch in the ``off'' position and then, because the
test chamber is not humidity-controlled, there would be added to that
result the kilowatt hours per day derived by calculating the energy
used when the anti-sweat heater is in the ``on'' position. The
alternative is set forth in detail in Appendix B hereto.
---------------------------------------------------------------------------
\1\ See, 75 Fed. Reg. 19959 (April 16, 2010) (Samsung; grant of
interim waiver); id. 13120 (March 18, 2010) (Samsung; grant of
waiver); id. 11530 (March 11, 2010) (Electrolux; grant of waiver);
id. 11522 (March 11, 2010) (LG; grant of interim waiver); id. 4539
(Jan. 28, 2010) (Electrolux; grant of interim waiver); 74 Fed. Reg.
66338 (Dec. 15, 2009) (Electrolux; grant of waiver); id. 66340 (Dec.
15, 2009) (Samsung; grant of interim waiver); id. 26853 (June 4,
2009) Electrolux; grant of interim waiver); id. 20695 (May 5, 2009)
(Whirlpool; grant of waiver); 73 Fed. Reg. 10425 (Feb. 27, 2008)
(General Electric; grant of waiver).
---------------------------------------------------------------------------
The waiver should continue until a test procedure can be developed
and adopted by DOE that will provide a fair and accurate assessment of
this technology's energy consumption and efficiency levels. LG believes
that the alternative test procedure in this petition does provide a
fair and accurate assessment.
LG also requests immediate relief by grant of an interim waiver.
Grant of an interim waiver is fully justified:
-- The petition for waiver is likely to be granted, as evidenced
not only by its merits, but also because DOE has granted waiver relief
to other manufacturers. The rationale for granting relief to them
applies equally to LG. And, it is in the public interest for comparable
products to be tested in a comparable manner.
-- Without waiver relief, LG will suffer economic hardship. LG
would be placed in an untenable situation: refrigerator-freezers with
this technology would be subject to a set of Regulations that clearly
should not apply to such a product. Without such relief, LG's products
would not be tested and rated for energy consumption on a comparable
basis with comparable products for which DOE previously granted
waivers. LG would be required to represent a higher energy consumption
than would be the case with waiver relief.
-- Significant investment has already been made in refrigerator-
freezers with this technology. Lack of relief would not allow LG to
recoup this investment and would deny LG anticipated sales revenue.
This does not take into account significant losses in goodwill and
brand acceptance.
-- The basic purpose of EPCA is to foster purchase of energy-
efficient products, not hinder such purchases. LG refrigerator-freezers
with this technology are beneficial and in the public interest. To
encourage and foster the availability of these products is in the
public interest. Standards programs should not be used as a means to
block
[[Page 34730]]
innovative, improved designs.\2\ DOE's rules should accommodate and
encourage such a product.
---------------------------------------------------------------------------
\2\ See FTC Advisory Opinion No. 457, TRRP 1718.20 (1971
Transfer Binder); 49 Fed. Reg. 32213 (Aug. 13, 1984); 52 Fed. Reg.
49141, 49147-48 (Dec. 30, 1987).
---------------------------------------------------------------------------
-- Granting the interim waiver and waiver would also eliminate a
non-tariff trade barrier.
-- Grant of relief would also help enhance economic development and
employment, including not only LG Electronics USA's operations in New
Jersey, Illinois and Alabama, but also at major national retailers and
regional dealers that carry LG products. Furthermore, continued
employment creation and ongoing investments in its marketing, sales and
servicing activities will be fostered by approval of the interim
waiver. Conversely, denial of the requested relief would harm the
company and would be anticompetitive.
CONCLUSION
LG respectfully requests that DOE grant a waiver and interim waiver
from existing test procedures for LG refrigerator-freezers with
adaptive anti-sweat heater technology until such time as a
representative test procedure is developed and adopted by DOE for such
products. In the meantime, the alternative test procedure set forth
herein is appropriate.
We would be pleased to discuss this request with DOE and provide
further information as needed.
We hereby certify that all manufacturers of domestically marketed
units of the same product type have been notified by letter of this
petition and application, copies of which letters are set forth in
Appendix C hereto.
Sincerely,
John I. Taylor
Vice President
Government Relations and Communications
LG Electronics USA, Inc.
1776 K Street, NW
Washington, DC 20006
Phone: 202-719-3490
Fax: 847-941-8177
Email: john.taylor@lge.com
Of counsel:
John A. Hodges
Wiley Rein LLP
1776 K Street, NW
Washington, DC 20006
Phone: 202-719-7000
Fax: 202-719-7049
Email: jhodges@wileyrein.com
APPENDIX A
The waiver requested by LG should apply to the following model
series of LG refrigerator-freezers, which include LG, Kenmore[supreg],
and Viking[supreg] brands. Please note that the actual model numbers
will vary to account for such factors as year of manufacture, product
color, or other features. Nonetheless, they will always include anti-
sweat technology whose energy impact is calculated in accordance with
this petition.
(In the chart below, ``'' represents a number; ``*''
represents a letter.)
----------------------------------------------------------------------------------------------------------------
Type Sales Model Brand
----------------------------------------------------------------------------------------------------------------
3D (3 door) Basic................... LFC27** LG
3D Water Dispenser only............. LFD28** LG
3D Ice Water Dispenser.............. LFX29LG LG
4D Basic............................ LMC27** LG
4D Water Dispenser only............. LMD28** LG
4D Ice-Water Dispenser.............. LMX29** LG
3D Ice-Water Dispenser.............. LSFX213ST Viking
4D Ice-Water Dispenser.............. LSMX214ST Viking
All................................. 795.. Kenmore
3D Basic............................ LFC23760** LG
3D Basic............................ LFC23770** LG
3D Dispenser........................ LFD23860** LG
3D Dispenser........................ 7835 Kenmore
3D Ice and Water.................... 7841 Kenmore
3D Ice and Water.................... LFX23965** LG
All................................. 501.
2D SXS.............................. LRSC26923** LG
2D SXS.............................. LRSC26925** LG
2D SXS.............................. 5101 Kenmore
2D SXS.............................. 5102 Kenmore
2D SXS.............................. 5103 Kenmore
2D SXS.............................. LSC27914** LG
2D SXS.............................. LSC27934** LG
2D SXS.............................. 5107 Kenmore
2D SXS.............................. 5108 Kenmore
2D SXS.............................. 5109 Kenmore
2D SXS.............................. 5131 Kenmore
2D SXS.............................. 5132 Kenmore
2D SXS.............................. 5137 Kenmore
2D SXS.............................. LSC23924** LG
2D SXS.............................. LSC23954** LG
3D Basic............................ LFC20760** LG
3D Basic............................ 7130 Kenmore
3D Basic............................ 7830 Kenmore
3D Basic............................ LFC23760** LG
3D Basic............................ LFC23770** LG
3D Dispenser........................ 7834 Kenmore
3D Dispenser........................ 7835 Kenmore
[[Page 34731]]
3D Ice and Water.................... 7840 Kenmore
3D Ice and Water.................... LFX23961** LG
All................................. 795..
