Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to GE From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, 51262-51264 [2010-20575]

Download as PDF 51262 Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Notices listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. This Decision and Order is effective August 19, 2010. DATES: Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to GE From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure 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. Jennifer Tiedeman, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–71, 1000 Independence Avenue, SW., Washington, DC 20585–0103, (202) 287–6111, E-mail: Jennifer.Tiedeman@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 GE 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 GE tests and rates such products using the alternate test procedure described in this notice. Today’s decision prohibits GE 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). Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and Order. Issued in Washington, DC, on August 11, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2010–20505 Filed 8–18–10; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–015] AGENCY: The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. RF–015) that grants to the General Electric Company (GE) 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, GE shall be required to test and rate its refrigerator-freezers with relative humidity sensors and adaptive control anti-sweat heaters using an alternate test procedure that takes this technology into account when measuring energy consumption. emcdonald on DSK2BSOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:05 Aug 18, 2010 Jkt 220001 FOR FURTHER INFORMATION CONTACT: Decision and Order In the Matter of: The General Electric Company (Case No. RF–015). 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 of Title III includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 EPCA 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). Today’s notice involves residential electric refrigerator and refrigeratorfreezer products covered under Part A. The test procedure for residential electric refrigerators and refrigeratorfreezers is contained in 10 CFR part 430, subpart B, appendix A1. DOE’s regulations for covered products contain provisions allowing a person to seek a waiver for a particular basic model 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. 10 CFR 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. 10 CFR 430.27(l). Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(m). The waiver process also allows any interested person who has submitted a petition for waiver to file an application for interim waiver of the applicable test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an interim waiver request if it is determined that the applicant will experience economic hardship if the interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. 10 CFR 430.27(g). On December 19, 2006, GE filed a petition for waiver from the test procedure applicable to residential electric refrigerators and refrigeratorfreezers set forth in 10 CFR Part 430, subpart B, appendix A1. The products covered by the petition employ relative humidity sensors and adaptive control E:\FR\FM\19AUN1.SGM 19AUN1 51263 Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Notices anti-sweat heaters, which detect and respond to temperature and humidity conditions, and then activate adaptive heaters as needed to evaporate excess moisture. GE’s petition was published in the Federal Register on April 17, 2007. 72 FR 19189. DOE granted the GE petition in a decision & order published on February 27, 2008. 73 FR 10425. On February 16, 2010, GE informed DOE that it has developed additional basic models with adaptive anti-sweat heater technology. GE asserted that these new products function and operate the same way as the basic models listed in GE’s December 2006 petition for waiver with respect to the properties that made those products eligible for a waiver. GE requested that DOE grant a new waiver for these additional basic models. GE’s petition was published in the Federal Register on April 29, 2010. 75 FR 22586. emcdonald on DSK2BSOYB1PROD with NOTICES Assertions and Determinations GE’s Petition for Waiver: In its December 2006 petition, which DOE granted in February 2008, GE 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 control anti-sweat heater technology into account. GE seeks a similar waiver in its February 2010 petition. As stated above, GE asserts these new products are identical in function and operation to the basic models listed in GE’s 2006 petition with respect to the properties that made those products eligible for a waiver. DOE did not receive any comments on the GE petition. GE requested it be permitted to use the same alternate test procedure DOE prescribed earlier for GE, and which has since been prescribed for Whirlpool, Electrolux, Samsung and Haier refrigerators and refrigerator-freezers equipped with a similar technology. The alternate test procedure simulates the energy used by the adaptive heaters in a typical consumer household, as explained in the GE decision and order referenced above. As DOE has stated in the past, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. Consultations With Other Agencies DOE consulted with the Federal Trade Commission (FTC) staff concerning the GE petition for waiver. The FTC staff did not have any objections to granting a waiver to GE. VerDate Mar<15>2010 17:05 Aug 18, 2010 Jkt 220001 Conclusion After careful consideration of all the material that was submitted by GE and consultation with the FTC staff, it is ordered that: (1) The petition for waiver submitted by the General Electric Company (Case No. RF–015) is hereby granted as set forth in the paragraphs below. (2) GE shall not be required to test or rate the following GE 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: All models with the letters CFCP1NIY****, CFCP1NIZ****, CFCP1ZIY****, PFCF1NFY****, PFCF1NFZ****, PFCF1PJY****, PFCF1PJZ****, PFCS1NFY****, PFCS1NFZ****, PFCS1PJY****, PFCS1PJZ****, PFQS5PJY****, PFSF5NFY****, PFSF5NFZ****, PFSF5PJY****, PFSF5PJZ****, PFSS5NFY****, PFSS5NFZ****, PFSS5PJY****, PFSS5PJZ****, PGCS1NFY****, PGCS1NFZ****, PGCS1PJY****, PGCS1PJZ****, PGSS5NFY****, PGSS5NFZ****, PGSS5PJY****, PGSS5PJZ****, ZFGB21HY****, ZFGB21HZ****, ZFGP21HY****, ZFGP21HZ****. (The asterisks, or wild cards, denote color or other features that do not affect energy performance.) (3) GE 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 GE 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 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 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 kilowatthours 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 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. GE 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. E:\FR\FM\19AUN1.SGM 19AUN1 51264 Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Notices Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to LG From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–71, 1000 Independence Avenue, SW., Washington, DC 20585– 0103, (202) 586–7796, 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 LG 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 LG tests and rates such products using the alternate test procedure described in this notice. Today’s decision prohibits LG 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). AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and Order. Issued in Washington, DC, on August 11, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. RF–016) that grants to LG Electronics, Inc. (LG) 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, LG shall be required to test and rate its refrigerator-freezers with relative humidity sensors and 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 August 19, 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. Decision and Order In the Matter of: LG Electronics, Inc. (Case No. RF–016). (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 August 11, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. 2010–20575 Filed 8–18–10; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–016] emcdonald on DSK2BSOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:05 Aug 18, 2010 Jkt 220001 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 of Title III includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, EPCA 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). Today’s notice involves residential electric refrigerator and refrigeratorfreezer products covered under Part A. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 The test procedure for residential electric refrigerators and refrigeratorfreezers is contained in 10 CFR part 430, subpart B, appendix A1. DOE’s regulations for covered products contain provisions allowing a person to seek a waiver for a particular basic model 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. 10 CFR 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. 10 CFR 430.27(l). Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(m). The waiver process also allows any interested person who has submitted a petition for waiver to file an application for interim waiver of the applicable test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an interim waiver request if it is determined that the applicant will experience economic hardship if the interim waiver is denied, if it appears likely that the petition for waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. 10 CFR 430.27(g). On 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. The products covered by the petition employ relative humidity sensors and adaptive control anti-sweat heaters, which detect and respond to temperature and humidity conditions, and then activate adaptive heaters as needed to evaporate excess moisture. LG’s petition was published in the Federal Register on June 18, 2010. 75 FR 34726. E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Notices]
[Pages 51262-51264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20575]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-015]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to 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: Decision and Order.

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

SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-015) that grants to the General 
Electric Company (GE) 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, GE shall be required to test and rate 
its refrigerator-freezers with relative humidity sensors and 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 August 19, 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. Jennifer Tiedeman, 
U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-
71, 1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 
287-6111, E-mail: Jennifer.Tiedeman@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 GE 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 GE tests and rates such products using the alternate test 
procedure described in this notice. Today's decision prohibits GE 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 August 11, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: The General Electric Company (Case No. RF-015).

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 of Title 
III includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, EPCA 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).
    Today's notice involves residential electric refrigerator and 
refrigerator-freezer products covered under Part A. The test procedure 
for residential electric refrigerators and refrigerator-freezers is 
contained in 10 CFR part 430, subpart B, appendix A1.
    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver for a particular basic model 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. 10 CFR 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. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to file an application for interim 
waiver of the applicable test procedure requirements. 10 CFR 
430.27(a)(2). The Assistant Secretary will grant an interim waiver 
request if it is determined that the applicant will experience economic 
hardship if the interim waiver is denied, if it appears likely that the 
petition for waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(g).
    On December 19, 2006, GE 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. The products covered by the petition employ relative humidity 
sensors and adaptive control

[[Page 51263]]

anti-sweat heaters, which detect and respond to temperature and 
humidity conditions, and then activate adaptive heaters as needed to 
evaporate excess moisture. GE's petition was published in the Federal 
Register on April 17, 2007. 72 FR 19189. DOE granted the GE petition in 
a decision & order published on February 27, 2008. 73 FR 10425.
    On February 16, 2010, GE informed DOE that it has developed 
additional basic models with adaptive anti-sweat heater technology. GE 
asserted that these new products function and operate the same way as 
the basic models listed in GE's December 2006 petition for waiver with 
respect to the properties that made those products eligible for a 
waiver. GE requested that DOE grant a new waiver for these additional 
basic models. GE's petition was published in the Federal Register on 
April 29, 2010. 75 FR 22586.
Assertions and Determinations
    GE's Petition for Waiver:
    In its December 2006 petition, which DOE granted in February 2008, 
GE 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 control anti-sweat 
heater technology into account. GE seeks a similar waiver in its 
February 2010 petition. As stated above, GE asserts these new products 
are identical in function and operation to the basic models listed in 
GE's 2006 petition with respect to the properties that made those 
products eligible for a waiver. DOE did not receive any comments on the 
GE petition.
    GE requested it be permitted to use the same alternate test 
procedure DOE prescribed earlier for GE, and which has since been 
prescribed for Whirlpool, Electrolux, Samsung and Haier refrigerators 
and refrigerator-freezers equipped with a similar technology. The 
alternate test procedure simulates the energy used by the adaptive 
heaters in a typical consumer household, as explained in the GE 
decision and order referenced above. As DOE has stated in the past, it 
is in the public interest to have similar products tested and rated for 
energy consumption on a comparable basis.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the GE petition for waiver. The FTC staff did not have any 
objections to granting a waiver to GE.
Conclusion
    After careful consideration of all the material that was submitted 
by GE and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the General Electric 
Company (Case No. RF-015) is hereby granted as set forth in the 
paragraphs below.
    (2) GE shall not be required to test or rate the following GE 
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:
    All models with the letters CFCP1NIY****, CFCP1NIZ****, 
CFCP1ZIY****, PFCF1NFY****, PFCF1NFZ****, PFCF1PJY****, PFCF1PJZ****, 
PFCS1NFY****, PFCS1NFZ****, PFCS1PJY****, PFCS1PJZ****, PFQS5PJY****, 
PFSF5NFY****, PFSF5NFZ****, PFSF5PJY****, PFSF5PJZ****, PFSS5NFY****, 
PFSS5NFZ****, PFSS5PJY****, PFSS5PJZ****, PGCS1NFY****, PGCS1NFZ****, 
PGCS1PJY****, PGCS1PJZ****, PGSS5NFY****, PGSS5NFZ****, PGSS5PJY****, 
PGSS5PJZ****, ZFGB21HY****, ZFGB21HZ****, ZFGP21HY****, ZFGP21HZ****. 
(The asterisks, or wild cards, denote color or other features that do 
not affect energy performance.)
    (3) GE 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 GE 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. GE 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.

[[Page 51264]]

    (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 August 11, 2010.

Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-20575 Filed 8-18-10; 8:45 am]
BILLING CODE 6450-01-P