Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Notice of Granting the Application for Interim Waiver of Electrolux From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, 76962-76968 [2010-31063]
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Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices
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[FR Doc. 2010–31073 Filed 12–9–10; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF ENERGY
[OE Docket No. EA–306–A]
Application To Export Electric Energy;
MAG Energy Solutions, Inc.
Office of Electricity Delivery
and Energy Reliability, DOE.
ACTION: Notice of Application.
AGENCY:
MAG Energy Solutions, Inc.
(MAG E.S.) has applied to renew its
authority to transmit electric energy
from the United States to Canada
pursuant to section 202(e) of the Federal
Power Act (FPA).
DATES: Comments, protests, or requests
to intervene must be submitted to DOE
and received on or before January 10,
2011.
ADDRESSES: Comments, protests, or
requests to intervene should be
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SUMMARY:
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addressed to: Christopher Lawrence,
Office of Electricity Delivery and Energy
Reliability, Mail Code: OE–20, U.S.
Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585–0350. Because
of delays in handling conventional mail,
it is recommended that documents be
transmitted by overnight mail, by
electronic mail to
Christopher.Lawrence@hq.doe.gov, or by
facsimile to 202–586–8008.
FOR FURTHER INFORMATION CONTACT:
Christopher Lawrence (Program Office)
202–586–5260.
SUPPLEMENTARY INFORMATION: Exports of
electricity from the United States to a
foreign country are regulated by the
Department of Energy (DOE) pursuant to
sections 301(b) and 402(f) of the
Department of Energy Organization Act
(42 U.S.C. 7151(b), 7172(f)) and require
authorization under section 202(e) of
the FPA (16 U.S.C. 824a(e)).
On April 6, 2006 the Department of
Energy (DOE) issued Order No. EA–306,
which authorized MAG E.S. to transmit
electric energy from the United States to
Canada for a five-year term as a power
marketer using existing international
transmission facilities. That Order will
expire on April 6, 2011. On December
1, 2010, MAG E.S. filed an application
with DOE for renewal of the export
authority contained in Order No. EA–
306 for an additional five-year term.
The electric energy that MAG E.S.
proposes to export to Canada would be
surplus energy purchased from electric
utilities, Federal power marketing
agencies, and other entities within the
United States. The existing international
transmission facilities to be utilized by
MAG E.S. have previously been
authorized by Presidential permits
issued pursuant to Executive Order
10485, as amended, and are appropriate
for open access transmission by third
parties.
Procedural Matters: Any person
desiring to become a party to these
proceedings or to be heard by filing
comments or protests to this application
should file a petition to intervene,
comment, or protest at the address
provided above in accordance with
§§ 385.211 or 385.214 of the Federal
Energy Regulatory Commission’s Rules
of Practice and Procedures (18 CFR
385.211, 385.214). Fifteen copies of each
petition and protest should be filed with
DOE and must be received on or before
the date listed above.
Comments on the MAG E.S.
application to export electric energy to
Canada should be clearly marked with
Docket No. EA–306–A. Additional
copies (one each) are to be filed directly
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with Martin Gauthier, Director, MAG
Energy Solutions, Inc., 1010 Sherbrooke
Quest, Suite 800, Montreal, Quebec,
Canada H3A 2R7; AND Carol A. Smoots,
Esq., Perkins Coie LLP, 607 14th Street,
NW., Suite 800, Washington, DC 20005;
AND Nidhi J. Thakar, Esq., Perkins Coie
LLP, 607 14th Street, NW., Suite 800,
Washington, DC 20005. A final decision
will be made on this application after
the environmental impacts have been
evaluated pursuant to DOE’s National
Environmental Policy Act Implementing
Procedures (10 CFR Part 1021) and after
a determination is made by DOE that the
proposed action will not adversely
impact on the reliability of the U.S.
electric power supply system.
Copies of this application will be
made available, upon request, for public
inspection and copying at the address
provided above, by accessing the
program Web site at https://
www.oe.energy.gov/
permits_pending.htm, or by e-mailing
Odessa Hopkins at
Odessa.Hopkins@hq.doe.gov.
Issued in Washington, DC, on December 6,
2010.
Anthony J. Como,
Director, Permitting and Siting Office of
Electricity Delivery and Energy Reliability.
[FR Doc. 2010–31059 Filed 12–9–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–017]
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver and Notice of
Granting the Application for Interim
Waiver of Electrolux From the
Department of Energy Residential
Refrigerator and Refrigerator-Freezer
Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver,
Notice of Granting Application for
Interim Waiver, and Request for Public
Comments.
AGENCY:
This notice announces receipt
of and publishes the Electrolux Home
Products, Inc. (Electrolux) petition for
waiver (hereafter, ‘‘petition’’) from
specified portions of the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of electric refrigerators
and refrigerator-freezers. The waiver
request pertains to Electrolux’s product
SUMMARY:
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Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices
lines that utilize a control logic that
changes the wattage of the anti-sweat
heaters based upon the ambient relative
humidity conditions to prevent
condensation. The existing test
procedure does not take humidity or
adaptive control technology into
account. Therefore, Electrolux has
suggested an alternate test procedure
that takes adaptive control technology
into account when measuring energy
consumption. DOE solicits comments,
data, and information concerning
Electrolux’s petition and the suggested
alternate test procedure. DOE also
publishes notice of the grant of an
interim waiver to Electrolux.
DATES: DOE will accept comments, data,
and information with respect to the
Electrolux Petition until, but no later
than January 10, 2011.
ADDRESSES: You may submit comments,
identified by case number ‘‘RF–017,’’ 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 the case number [Case No. RF–
017] in the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza, SW., (Resource Room of the
Building Technologies Program),
Washington, DC, 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: (1) This notice; (2)
public comments received; (3) the
petition for waiver and application for
interim waiver; and (4) prior DOE
rulemakings regarding similar
refrigerator-freezers. Please call Ms.
Brenda Edwards at the above telephone
number for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue,
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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: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (‘‘EPCA’’),
Public Law 94–163 (42 U.S.C. 6291–
6309, as codified), established the
Energy Conservation Program for
‘‘Consumer Products Other Than
Automobiles,’’ a program covering most
major household appliances, which
includes the refrigerator-freezers that are
the focus of this notice.1 Part B includes
definitions, test procedures, labeling
provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. Further, Part B
authorizes the Secretary of Energy to
prescribe test procedures that are
reasonably designed to produce results
which measure energy efficiency,
energy use, or estimated operating costs,
and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for residential refrigerators
and refrigerator-freezers is contained in
10 CFR part 430, subpart B, appendix
A1.
The regulations set forth in 10 CFR
430.27 contain provisions that enable a
person to seek a waiver from the test
procedure requirements for covered
consumer products. A waiver will be
granted by the Assistant Secretary for
Energy Efficiency and Renewable
Energy (the Assistant Secretary) if it is
determined that the basic model for
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 part 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
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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conditions, including adherence to
alternate test procedures. 10 CFR
430.27(l). Waivers remain in effect
pursuant to the provisions of 10 CFR
430.27(m).
The waiver process also allows the
Assistant Secretary to grant an interim
waiver from test procedure
requirements to manufacturers that have
petitioned DOE for a waiver of such
prescribed test procedures. 10 CFR
430.27(a)(2); 430.27(g). An interim
waiver remains in effect for a period of
180 days or until DOE issues its
determination on the petition for
waiver, whichever is sooner, and may
be extended for an additional 180 days,
if necessary. 10 CFR 430.27(h).
II. Petition for Waiver of Test Procedure
On September 15, 2010, Electrolux
filed a petition for waiver from the test
procedure applicable to residential
electric refrigerators and refrigeratorfreezers set forth in 10 CFR Part 430,
Subpart B, Appendix A1. Electrolux is
designing new refrigerator-freezers that
contain variable anti-sweat heater
controls that detect a broad range of
temperature and humidity conditions,
and respond by activating adaptive
heaters, as needed, to evaporate excess
moisture. According to the petitioner,
Electrolux’s technology is similar to that
used by General Electric Company (GE)
and Whirlpool Corporation (Whirlpool)
for refrigerator-freezers which were the
subject of petitions for waiver published
April 17, 2007 (72 FR 19189) and July
10, 2008 (73 FR 39684), respectively.
GE’s waiver was granted on February
27, 2008. 73 FR 10425. Whirlpool’s
waiver was granted on May 5, 2009. 74
FR 20695. Electrolux itself filed a
petition for waiver from the test
procedure applicable to residential
refrigerator-freezers for its similar
models in November 2008, which was
published in the Federal Register on
June 4, 2009. 74 FR 26853. DOE granted
Electrolux’s November 2008 petition for
waiver on December 15, 2009. 74 FR
66338. Subsequently, DOE granted
similar waivers for additional Electrolux
refrigerator-freezers on March 11, 2010
(75 FR 11530) and April 29, 2010 (75 FR
22584). Most recently, DOE granted
similar waivers to Samsung on March
18, 2010 (75 FR 13120) and August 3,
2010 (75 FR 45623); to Haier on June 7,
2010 (75 FR 32175); and to LG on
August 19, 2010 (75 FR 51264).
In its September 2010 petition, as in
its three earlier petitions, Electrolux
seeks a waiver from the existing DOE
test procedure applicable to refrigerators
and refrigerator-freezers under 10 CFR
part 430 because the existing test
procedure takes neither ambient
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humidity nor adaptive technology into
account. Therefore, Electrolux states
that the test procedure does not
accurately measure the energy
consumption of Electrolux’s new
refrigerator-freezers that feature variable
anti-sweat heater controls and adaptive
heaters. Consequently, Electrolux has
submitted to DOE for approval an
alternate test procedure that would
allow it to calculate the energy
consumption of this new product line
correctly. Electrolux’s alternate test
procedure is the same in all relevant
particulars as that prescribed for GE,
Whirlpool, Samsung, Haier, LG and
Electrolux itself for 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, for example, in the Decision
and Order that DOE published in the
Federal Register on February 27, 2008
in response to GE’s petition for waiver
described above. 73 FR 10425. DOE
believes that it is in the public interest
to have similar products tested and
rated for energy consumption on a
comparable basis.
III. Application for Interim Waiver
Electrolux also requests an interim
waiver from the existing DOE test
procedure. Under 10 CFR 430.27(b)(2),
each application for interim waiver
‘‘shall demonstrate likely success of the
Petition for Waiver and shall address
what economic hardship and/or
competitive disadvantage is likely to
result absent a favorable determination
on the Application for Interim Waiver.’’
An interim waiver may be granted if it
is determined that the applicant will
experience economic hardship if the
application for interim waiver is denied;
if it appears likely that the petition for
waiver will be granted; and/or the
Assistant Secretary determines that it
would be desirable for public policy
reasons to grant immediate relief
pending a determination of the petition
for waiver. 10 CFR 430.27(g).
DOE has determined that Electrolux’s
application for interim waiver does not
provide sufficient market, equipment
price, shipments and other
manufacturer impact information to
permit DOE to evaluate the economic
hardship Electrolux might experience
absent a favorable determination on its
application for interim waiver. DOE
understands, however, that absent an
interim waiver, Electrolux’s products
would not otherwise be tested and rated
for energy consumption on a
comparable basis as equivalent GE, LG,
Samsung, Haier and Whirlpool products
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for which DOE previously granted
waivers, and Electrolux would be
required to represent a higher energy
consumption for essentially the same
product. Therefore, it appears likely that
Electrolux’s petition for waiver will be
granted. Moreover, it is desirable for
public policy reasons to grant Electrolux
immediate relief pending a
determination on the petition for waiver
since it is in the public interest to have
similar products tested and rated for
energy consumption on a comparable
basis. As stated above, DOE has already
granted similar waivers because the test
procedure does not accurately represent
the energy consumption of refrigeratorfreezers containing relative humidity
sensors and adaptive control anti-sweat
heaters. The rationale for granting these
waivers is equally applicable to
Electrolux, which has products
containing similar relative humidity
sensors and anti-sweat heaters.
For the reasons stated above, DOE
grants Electrolux’s application for
interim waiver from testing of its
refrigerator-freezer product line
containing relative humidity sensors
and adaptive control anti-sweat heaters.
Therefore, it is ordered that:
The application for interim waiver
filed by Electrolux is hereby granted for
Electrolux’s refrigerator-freezer product
line containing relative humidity
sensors and adaptive control anti-sweat
heaters, subject to the specifications and
conditions below.
1. Electrolux shall not be required to
test or rate its refrigerator-freezer
product line containing relative
humidity sensors and adaptive control
anti-sweat heaters on the basis of the
test procedure under 10 CFR part 430
subpart B, appendix A1.
2. Electrolux shall be required to test
and rate its refrigerator-freezer product
line containing relative humidity
sensors and adaptive control anti-sweat
heaters according to the alternate test
procedure as set forth in section IV,
‘‘Alternate test procedure.’’
The interim waiver applies to the
following basic model groups:
EI27BS* * * * FGUN26* * * *
CFD26* * *
DOE makes decisions on waivers and
interim waivers for only those models
specifically set out in the petition, not
future models that may or may not be
manufactured by the petitioner.
Electrolux may submit a new or
amended petition for waiver and request
for grant of interim waiver, as
appropriate, for additional models of
refrigerator-freezers for which it seeks a
waiver from the DOE test procedure. In
addition, DOE notes that grant of an
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interim waiver or waiver does not
release a petitioner from the
certification requirements set forth at 10
CFR 430.62.
Further, this interim waiver is
conditioned upon the presumed validity
of statements, representations, and
documents provided by the petitioner.
DOE may revoke or modify this interim
waiver at any time upon a
determination that the factual basis
underlying the petition for waiver is
incorrect, or upon a determination that
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics.
IV. Alternate Test Procedure
Electrolux’s new line of refrigeratorfreezers contains sensors that detect
ambient humidity and interact with
controls that vary the effective wattage
of anti-sweat heaters to evaporate excess
moisture. The existing DOE test
procedure cannot be used to calculate
the energy consumption of these
features. The variable anti-sweat heater
contribution to the refrigerator-freezer’s
energy consumption is entirely
dependent on the ambient humidity of
the test chamber, which the DOE test
procedure does not specify. The energy
consumption of the anti-sweat heaters
will be modeled and added to the
energy consumption measured when the
anti-sweat heaters are disabled. The
anti-sweat contribution to the product’s
total energy consumption will be
calculated using the same methodology
that was set forth in the GE petition. The
objective of this approach is to simulate
the average energy used by the adaptive
anti-sweat heaters as activated in
refrigerator-freezers of typical consumer
households across the U.S.
To determine the conditions in a
typical consumer household, GE
compiled historical data on the monthly
average outdoor temperatures and
humidities for the top 50 metropolitan
areas of the U.S. over approximately the
last 30 years. In light of the similarity of
the technologies at issue to the
aforementioned GE products, Electrolux
is using the same data compiled by GE
for its determination of the anti-sweat
heater energy use. Like GE, LG,
Samsung, Haier and Whirlpool,
Electrolux includes in its test procedure
a ‘‘system-loss factor’’ to calculate
system losses attributed to operating
anti-sweat heaters, controls, and related
components.
For the duration of the interim
waiver, Electrolux shall be required to
test the products listed above according
to the test procedures for residential
electric refrigerator-freezers prescribed
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by DOE at 10 CFR part 430, subpart B,
appendix A1, except that, for the
Electrolux products listed above only:
(A) The following definition is added
at the end of Section 1:
1.13 ‘‘Variable anti-sweat heater
control’’ means an anti-sweat heater
where power supplied to the device is
determined by an operating condition
variable(s) and/or ambient condition
variable(s).
(B) Section 2.2 is revised to read as
follows:
2.2 Operational conditions. The
electric refrigerator or electric
refrigerator-freezer shall be installed and
its operating conditions maintained in
accordance with HRF–1–1979, section
7.2 through section 7.4.3.3. except that
the vertical ambient temperature
gradient at locations 10 inches (25.4 cm)
out from the centers of the two sides of
the unit being tested is to be maintained
during the test. Unless shields or baffles
obstruct the area, the gradient is to be
maintained from 2 inches (5.1 cm)
above the floor or supporting platform
to a height one foot (30.5 cm) above the
unit under test. Defrost controls are to
be operative. The anti-sweat heater
switch is to be ‘‘off’’ during one test and
‘‘on’’ during the second test. In the case
of an electric refrigerator or refrigeratorfreezer equipped with variable antisweat 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 or refrigeratorfreezer 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.
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Correction Factor = (Anti-sweat Heater
Power × System-loss Factor) × (24
hrs/1 day) × (1 kW/1000 W)
Where:
Anti-sweat Heater Power = A1 * (Heater
Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)
Where A1–A10 are obtained from the
following table:
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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
Electrolux an interim waiver from the
specified portions of the test procedure
applicable to Electrolux’s new line of
refrigerator-freezers with variable antisweat heater controls and adaptive
heaters and announces receipt of
Electrolux’s petition for waiver from
those same portions of the test
procedure. DOE publishes Electrolux’s
petition for waiver in its entirety
pursuant to 10 CFR 430.27(b)(1)(iv). The
petition contains no confidential
information. The petition includes a
suggested alternate test procedure and
calculation methodology to determine
the energy consumption of Electrolux’s
specified refrigerator-freezers with
adaptive anti-sweat heaters. Electrolux
is required to follow this alternate
procedure as a condition of its interim
waiver, and DOE is considering
including this alternate procedure in its
subsequent Decision and Order.
DOE solicits comments from
interested parties on all aspects of the
petition, including the suggested
alternate test procedure and calculation
methodology. Pursuant to 10 CFR
430.27(b)(1)(iv), any person submitting
written comments to DOE must also
send a copy of such comments to the
petitioner. The contact information for
the petitioner is: Mr. Jean-Cyril Walker,
Keller and Heckman, LLP, 1001 G
Street, NW., Washington, DC 20001.
Telephone: (202) 434–4181. E-mail:
millar@khlaw.com. All submissions
received must include the agency name
and case number for this proceeding.
Submit electronic comments in
WordPerfect, Microsoft Word, Portable
Document Format (PDF), or text
(American Standard Code for
Information Interchange (ASCII)) file
format and avoid the use of special
characters or any form of encryption.
Wherever possible, include the
electronic signature of the author. DOE
does not accept telefacsimiles (faxes).
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
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should submit two copies to DOE: one
copy of the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Issued in Washington, DC, on December 3,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
September 15, 2010
Via Overnight Delivery
The Honorable Catherine Zoi
Assistant Secretary
Office of Energy Efficiency and
Renewable Energy
U.S. Department of Energy
Mail Station EE–10
Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121
Re: Petition for Waiver and Application
for Interim Waiver from the
Department of Energy Residential
Refrigerator and Refrigerator-Freezer
Test Procedures by Electrolux Home
Products, Inc.
Dear Secretary Zoi:
On behalf of our client, Electrolux
Home Products, Inc. (‘‘Electrolux’’), we
respectfully submit this Petition for
Waiver and Application for Interim
Waiver requesting exemption by the
Department of Energy from certain parts
of the test procedure for determining
refrigerator-freezer energy consumption
under 10 CFR § 430.27. The requested
waiver will allow Electrolux to test its
refrigerator-freezers to the amended
procedure set out by this Petition.
This Petition for Waiver contains no
confidential business information and
may be released pursuant to Freedom of
Information Act requests.
I. Petition for Waiver
Electrolux seeks the Department’s
approval of this proposed amendment to
the refrigerator-freezer test procedure to
be assured of properly calculating the
energy consumption and properly
labeling its new refrigerator-freezers. On
February 27, 2008 and May 5, 2009, the
Department granted Petitions for Waiver
filed respectively by General Electric
Corporation (‘‘GE’’) and Whirlpool
Corporation (‘‘Whirlpool’’) to establish a
new methodology to calculate the
energy consumption of a refrigerator-
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freezer when such a product contains
adaptive anti-sweat heaters.2
Electrolux has developed its own
adaptive anti-sweat system that uses a
humidity sensor to operate the antisweat heaters. On November 6, 2008,
Electrolux filed a Petition for Waiver
and Application for Interim Waiver
from the test procedure applicable to
residential electric refrigerators and
refrigerator-freezers. Having determined
that Electrolux is seeking a waiver
similar to the one granted to GE, on
December 15, 2009, the Department
granted Electrolux a Waiver.3 Since
then, the Department has granted
Electrolux two other Waivers from the
residential refrigerator and refrigeratorfreezer test procedures for additional
basic models featuring identical
adaptive anti-sweat technology.4
Department regulations make clear
that once a waiver has been granted, the
Department must take steps to
incorporate the new procedure and
eliminate the need for continuing
waivers:
Within one year of the granting of any
waiver, the Department of Energy will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. As
soon thereafter as practicable, the
Department of Energy will publish in
the Federal Register a final rule. Such
waiver will terminate on the effective
date of such final rule.5
In the interim, however, Electrolux is
developing and planning to shortly
introduce into the marketplace new
models that use the identical adaptive
anti-sweat system addressed by the
December 15, 2009, March 11, 2010, and
April 29, 2010 Waivers granted to
Electrolux by the Department.
Accordingly, Electrolux is filing this
Petition for Waiver and Application for
2 Decision and Order Granting a Waiver to the
General Electric Company From the Department of
Energy Residential Refrigerator and RefrigeratorFreezer Test Procedure, 73 Fed. Reg. 10425;
Decision and Order Granting a Waiver to Whirlpool
Corporation From the Department of Energy
Residential Refrigerator and Refrigerator-Freezer
Test Procedure, 74 Fed. Reg. 20695.
3 Decision and Order Granting a Waiver to
Electrolux Home Products, Inc. From the
Department of Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedure, 74 Fed. Reg.
66338 (December 15, 2009).
4 Decision and Order Granting a Waiver to
Electrolux Home Products, Inc. From the
Department of Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedure, 75 Fed. Reg.
11530 (March 11, 2010); Decision and Order
Granting a Waiver to Electrolux Home Products,
Inc. From the Department of Energy Residential
Refrigerator and Refrigerator-Freezer Test
Procedure, 75 Fed. Reg. 22584 (April 29, 2010).
5 10 CFR § 430.27(m).
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18:39 Dec 09, 2010
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Interim Waiver to address these new
models.
The Department’s regulations provide
that the Assistant Secretary will grant a
petition for waiver upon ‘‘determination
that the basic model for which the
waiver was requested contains a design
characteristic which either prevents
testing of the basic model according to
the prescribed test procedures, or the
prescribed test procedures may evaluate
the basic model in a manner so
unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data.’’ 6
Electrolux respectfully submits that
sufficient grounds exist for the Assistant
Secretary to grant this Petition on both
points. First, the refrigerator energy test
procedure does not allow the energy
used by Electrolux’s new refrigerator to
be accurately calculated. The new
refrigerator contains adaptive anti-sweat
heaters (i.e., anti-sweat heaters that
respond to humidity conditions found
in consumers’ homes). Since the test
conditions specified by the test
procedure neither define required
humidity conditions nor otherwise take
ambient humidity conditions into
account in calculating energy
consumption, the adaptive feature of
Electrolux’s new refrigerator models
cannot be properly tested.
Second, testing Electrolux’s new
refrigerator models according to the test
procedure would provide results that do
not accurately measure the energy used
by the new refrigerator.
A. The Refrigerator Energy Test
Procedure
The test procedure for calculating
energy consumption specifies that the
test chamber must be maintained at
90 °Fahrenheit (‘‘F’’).7 This ambient
temperature is not typical of conditions
in most consumers’ homes. Rather, it is
intended to simulate the heat load of a
refrigerator in a 70 °F ambient with
typical usage by the consumer. But the
test procedure does not specify test
chamber humidity conditions. Sweat
occurs on refrigerators when specific
areas on the unit are below the local
dew point. Higher relative humidity
levels result in an increase of the dew
point. Sweat has been addressed by
installing anti-sweat heaters on
mullions and other locations where
sweat accumulates. Previous anti-sweat
heaters operated at a fixed amount of
power and turned on or off regardless of
6 10
7 10
PO 00000
CFR § 430.27(l).
CFR Part 430, Subpart B, App. A1.
Frm 00017
Fmt 4703
Sfmt 4703
the humidity or amount of sweat on the
unit.
B. Electrolux’s Proposed Modifications
The circumstances of this Petition are
similar to those in the Department’s
earlier decisions granting waiver
petitions, including the 2001 Waiver
granted in In the Matter of Electrolux
Home Appliances.8 The test procedure
at issue in Electrolux’s 2001 waiver
request was originally developed when
simple mechanical defrost timers were
the norm. Accordingly, Electrolux
sought a test procedure waiver to
accommodate its advanced defrost
timer. The Assistant Secretary, in
granting the Waiver, acknowledged the
role of technology advances in
evaluating the need for test procedure
waivers. With this current Petition,
Electrolux again seeks to change how it
tests its new models to take into account
advances in sensing technology, i.e.,
sensors that detect temperature and
humidity conditions and interact with
controls to vary the effective wattage of
anti-sweat heaters to evaporate excess
sweat.
The Electrolux models, with the antisweat technology, subject to this
Petition are:
EI27BS * * *
FGUN26 * * *
CFD26 * * *
As with the models covered by the
prior petitions, Electrolux proposes to
run the energy-consumption test with
the anti-sweat heater switch in the ‘‘off’’
position and then, because the test
chamber is not humidity-controlled, to
add to that result the kilowatt hours per
day derived by calculating the energy
used when the anti-sweat heater is in
the ‘‘on’’ position. This contribution will
be calculated by the same method that
was proposed by GE and Whirlpool in
their Petitions for Waiver,9 as well as by
Electrolux in its earlier Petitions. The
objective of the proposed approach is to
simulate the average energy used by the
adaptive anti-sweat heaters as activated
in typical consumer households across
the United States.
In formulating its Petition, GE
conducted research to determine the
8 Granting of the Application for Interim Waiver
and Publishing of the Petition for Waiver of
Electrolux Home Products from the DOE
Refrigerator and Refrigerator-Freezer Test Procedure
(Case No. RF–005), 66 Fed. Reg. 40,689 (Aug. 3,
2001).
9 Publication of the Petition for Waiver of General
Electric Company From the Department of Energy
Refrigerator and Refrigerator/Freezer Test
Procedures, 72 Fed. Reg. 19,189 (Apr. 17, 2007);
Publication of the Petition for Waiver of Whirlpool
Corporation From the Department of Energy
Refrigerator and Refrigerator/Freezer Test
Procedures, 73 Fed. Reg. 39,684 (July 10, 2008).
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of the year. This data was consolidated
into 10 bands each representing a 10%
range of relative humidity. In submitting
this Petition, Electrolux is confirming
the validity of using such bands to
represent the average humidity
average humidity level experienced
across the United States. The result of
this research was that GE was able to
determine the probability that any U.S.
household would experience certain
humidity conditions during any month
experienced across the United States
and will adopt the same population
weighting as proposed by GE. The bands
proposed by GE are as follows:
Probability
(percent)
% Relative humidity
mstockstill on DSKH9S0YB1PROD with NOTICES
1
2
3
4
5
6
7
8
9
10
0–10 ...................................................................................................................................................................
10–20 .................................................................................................................................................................
20–30 .................................................................................................................................................................
30–40 .................................................................................................................................................................
40–50 .................................................................................................................................................................
50–60 .................................................................................................................................................................
60–70 .................................................................................................................................................................
70–60 .................................................................................................................................................................
80–90 .................................................................................................................................................................
90–100 .............................................................................................................................................................
Since system losses are involved with
operating anti-sweat heaters, Electrolux
proposes to include in the calculation a
factor to account for such energy. This
additional energy includes the electrical
energy required to operate the antisweat heater control and related
components, and the additional energy
required to increase compressor run
time to remove heat introduced into the
refrigerator compartments by the antisweat heater. Based on Electrolux’s
experience, this ‘‘System-loss Factor’’ is
1.3. Simply stated, the Correction Factor
that Electrolux proposes to add to the
energy-consumption test results
obtained with the anti-sweat heater
switch in the ‘‘off’’ position is calculated
as follows:
Correction Factor = (Anti-sweat Heater
Power × System-loss Factor) × (24
hours/1 day) × (1 kW/1000 W)
Continue by calculating the national
average power in watts used by the antisweat heaters. This is done by totaling
the product of constants A1–A10
multiplied by the respective heater
watts used by a refrigerator operating in
the median percent relative humidity
for that band and the following standard
refrigerator conditions:
• Ambient temperature of 72 °F;
• Fresh food (FF) average temperature
of 45 °F; and
• Freezer (FZ) average temperature of
5 °F.
Anti-sweat Heater Power = A1 * (Heater
Watts at 5% RH) + A2 *
(Heater Watts at 15% RH) + A3 *
(Heater Watts at 25% RH) + A4 *
(Heater Watts at 35% RH) + A5 *
(Heater Watts at 45% RH) + A6 *
(Heater Watts at 55% RH) + A7 *
(Heater Watts at 65% RH) + A8 *
(Heater Watts at 75% RH) + A9 *
(Heater Watts at 85% RH) + A10 *
(Heater Watts at 95% RH)
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18:39 Dec 09, 2010
Jkt 223001
As explained above, bands A1–A10
were selected as representative of
humidity conditions in all U.S.
households. Utilizing such weighed
bands will allow the calculation of the
national average energy consumption
for each product.
Based on the above, Electrolux
proposes to test its new models as if the
test procedure were modified to
calculate the energy of the unit with the
anti-sweat heaters in the on position as
equal to the energy of the unit tested
with the anti-sweat heaters in the off
position plus the Anti-Sweat Heater
Power times the System Loss Factor
(expressed in KWH/YR).
II. Application for Interim Waiver
Pursuant to Department regulations,
the Assistant Secretary will grant an
Interim Waiver ‘‘if it is determined that
the applicant will experience economic
hardship if the Application for Interim
Waiver is denied, if it appears likely
that the Petition for Waiver will be
granted, and/or the Assistant Secretary
determines that it would be desirable for
public policy reasons to grant
immediate relief pending a
determination on the Petition for
Waiver.’’ 10
The DOE letter granting the Electrolux
Interim Waiver recognized that:
* * * public policy would favor
granting Electrolux an Interim Waiver,
pending determination of the Petition
for Waiver. On February 27, 2008, DOE
granted the General Electric Company
(‘‘GE’’) a waiver from the refrigeratorfreezer test procedure because it takes
neither ambient humidity nor adaptive
technology into account. 73 FR 10425.
The test procedure would not accurately
represent the energy consumption of
refrigerator-freezers containing relative
10 10
PO 00000
CFR 430.27(g).
Frm 00018
Fmt 4703
Sfmt 4703
3.4
21.1
20.4
16.6
12.6
11.9
6.9
4.7
0.8
1.5
Constant
designation
A1
A2
A3
A4
A5
A6
A7
A8
A9
A10
humidity sensors and adaptive control
anti-sweat heaters. This argument is
equally applicable to Electrolux, which
has products containing similar relative
humidity sensors and anti-sweat
heaters. Electrolux is seeking a very
similar waiver to the one DOE granted
to GE, with the same alternate test
procedure, and it is very likely
Electrolux’s Petition for Waiver will be
granted.
As Electrolux noted in its November
6, 2008, July 13, 2009, and December 4,
2009 Petitions for Waiver and
Applications for Interim Waiver, the
Company could have designed its
adaptive anti-sweat system so that the
anti-sweat heaters showed no impact
during energy testing. However, like GE
and Whirlpool Corporation, Electrolux
is following the intent of the regulations
to more accurately represent the energy
consumed by the new refrigerators
when used in the home.
In addition to more fairly and
accurately representing the actual
energy usage of appliances equipped
with this technology, anti-sweat heaters
are now a well-recognized and widely
used technology in the industry. The
alternate test procedure that is the
subject of this Waiver request is now the
established method by which the energy
performance of anti-sweat heaters is
measured, and Electrolux has invested
heavily to implement this procedure for
its new models. Consequently, requiring
Electrolux to use the energy test
procedure at 10 CFR § 430.27 would
impose an economic hardship on the
Company. The adaptive anti-sweat
system in the Electrolux models
referenced above is similar to those
addressed by the December 15, 2009,
March 11, 2010, and April 29, 2010
Waivers granted to Electrolux by the
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Department.11 Accordingly, Electrolux
respectfully submits that sufficient
grounds exist for the Assistant Secretary
to grant the Electrolux Application for
Interim Waiver.
ACTION:
Decision and Order.
Electrolux urges the Assistant
Secretary to grant its Petition for Waiver
and Application for Interim Waiver to
allow Electrolux to test its new
refrigerator models as noted above.
Granting Electrolux’s Petition for
Waiver will encourage the introduction
of advanced technologies while
providing proper consideration of
energy consumption.
The U.S. Department of
Energy (DOE) gives notice of the
decision and order (Case No. CW–013)
that grants to the General Electric
Company (GE) a waiver from the DOE
clothes washer test procedure for
determining the energy consumption of
clothes washers. Under today’s decision
and order, GE shall be required to test
and rate its clothes washers with larger
clothes containers using an alternate test
procedure that takes the larger
capacities into account when measuring
energy consumption.
IV. Affected Persons
DATES:
III. Conclusion
Primarily affected persons in the
refrigerator-freezer category include
BSH Home Appliances Corp. (BoschSiemens Hausgerate GmbH), Equator,
Fisher & Paykel Appliances Inc., GE
Appliances, Haier America Trading,
L.L.C., Heartland Appliances, Inc.,
Liebherr Hausgerate, LG Electronics
USA Inc., Northland Corporation,
Samsung Electronics America, Inc.,
Sanyo Fisher Company, Sears, Sub-Zero
Freezer Company, U–Line, Viking
Range, W. C. Wood Company, and
Whirlpool Corporation. The Association
of Home Appliance Manufacturers is
also generally interested in energy
efficiency requirements for appliances.
Electrolux will notify all these entities
as required by the Department’s rules
and provide them with a version of this
Petition.
Sincerely,
Jean-Cyril Walker
Enclosures
cc: Michael Raymond, DOE Office of
Energy Efficiency and Renewable
Energy
[FR Doc. 2010–31063 Filed 12–9–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
mstockstill on DSKH9S0YB1PROD with NOTICES
[Case No. CW–013]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to the General
Electric Company from the Department
of Energy Residential Clothes Washer
Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
AGENCY:
11 See
SUMMARY:
This Decision and Order is
effective December 10, 2010.
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:
mailto:Michael.Raymond@ee.doe.gov.
Elizabeth Kohl, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103. Telephone: (202) 287–7796, Email:
mailto:Jennifer.Tiedeman@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT:
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 clothes
washer test procedure in 10 CFR part
430, subpart B, appendix J1 for certain
basic models of clothes washers with
capacities greater than 3.8 cubic feet,
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 of 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).
SUPPLEMENTARY INFORMATION:
18:39 Dec 09, 2010
Decision and Order
In the Matter of: The General Electric
Company (Case No. CW–013)
I. Background and Authority
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions designed to
improve energy efficiency. Part B of
Title III (42 U.S.C. 6291–6309) provides
for the ‘‘Energy Conservation Program
for Consumer Products Other Than
Automobiles.’’ 1 Part B includes
definitions, test procedures, labeling
provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. Further, Part B
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 clothes
washers, the subject of today’s notice, is
contained in 10 CFR part 430, subpart
B, appendix J1.
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 for which the petition for waiver
was submitted 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).
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
supra notes 2–3.
VerDate Mar<15>2010
Issued in Washington, DC, on December 3,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
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]]>Agencies
[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Notices]
[Pages 76962-76968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31063]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-017]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Notice of Granting the Application for
Interim Waiver of Electrolux From the Department of Energy Residential
Refrigerator and Refrigerator-Freezer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, Notice of Granting Application
for Interim Waiver, and Request for Public Comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes the Electrolux
Home Products, Inc. (Electrolux) petition for waiver (hereafter,
``petition'') from specified portions of the U.S. Department of Energy
(DOE) test procedure for determining the energy consumption of electric
refrigerators and refrigerator-freezers. The waiver request pertains to
Electrolux's product
[[Page 76963]]
lines that utilize a control logic that changes the wattage of the
anti-sweat heaters based upon the ambient relative humidity conditions
to prevent condensation. The existing test procedure does not take
humidity or adaptive control technology into account. Therefore,
Electrolux has suggested an alternate test procedure that takes
adaptive control technology into account when measuring energy
consumption. DOE solicits comments, data, and information concerning
Electrolux's petition and the suggested alternate test procedure. DOE
also publishes notice of the grant of an interim waiver to Electrolux.
DATES: DOE will accept comments, data, and information with respect to
the Electrolux Petition until, but no later than January 10, 2011.
ADDRESSES: You may submit comments, identified by case number ``RF-
017,'' 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 the case
number [Case No. RF-017] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Please submit one signed original
paper copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the petition for waiver and application for
interim waiver; and (4) prior DOE rulemakings regarding similar
refrigerator-freezers. Please call Ms. Brenda Edwards at the above
telephone number for additional information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. 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. E-
mail: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(``EPCA''), Public Law 94-163 (42 U.S.C. 6291-6309, as codified),
established the Energy Conservation Program for ``Consumer Products
Other Than Automobiles,'' a program covering most major household
appliances, which includes the refrigerator-freezers that are the focus
of this notice.\1\ Part B includes definitions, test procedures,
labeling provisions, energy conservation standards, and the authority
to require information and reports from manufacturers. Further, Part B
authorizes the Secretary of Energy to prescribe test procedures that
are reasonably designed to produce results which measure energy
efficiency, energy use, or estimated operating costs, and that are not
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure
for residential refrigerators and refrigerator-freezers is contained in
10 CFR part 430, subpart B, appendix A1.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
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 part 430.27(l). Petitioners must
include in their petition any alternate test procedures known to the
petitioner to evaluate the basic model in a manner representative of
its energy consumption. 10 CFR 430.27(b)(1)(iii). The Assistant
Secretary may grant the waiver subject to conditions, including
adherence to alternate test procedures. 10 CFR 430.27(l). Waivers
remain in effect pursuant to the provisions of 10 CFR 430.27(m).
The waiver process also allows the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures. 10
CFR 430.27(a)(2); 430.27(g). An interim waiver remains in effect for a
period of 180 days or until DOE issues its determination on the
petition for waiver, whichever is sooner, and may be extended for an
additional 180 days, if necessary. 10 CFR 430.27(h).
II. Petition for Waiver of Test Procedure
On September 15, 2010, Electrolux filed a petition for waiver from
the test procedure applicable to residential electric refrigerators and
refrigerator-freezers set forth in 10 CFR Part 430, Subpart B, Appendix
A1. Electrolux is designing new refrigerator-freezers that contain
variable anti-sweat heater controls that detect a broad range of
temperature and humidity conditions, and respond by activating adaptive
heaters, as needed, to evaporate excess moisture. According to the
petitioner, Electrolux's technology is similar to that used by General
Electric Company (GE) and Whirlpool Corporation (Whirlpool) for
refrigerator-freezers which were the subject of petitions for waiver
published April 17, 2007 (72 FR 19189) and July 10, 2008 (73 FR 39684),
respectively. GE's waiver was granted on February 27, 2008. 73 FR
10425. Whirlpool's waiver was granted on May 5, 2009. 74 FR 20695.
Electrolux itself filed a petition for waiver from the test procedure
applicable to residential refrigerator-freezers for its similar models
in November 2008, which was published in the Federal Register on June
4, 2009. 74 FR 26853. DOE granted Electrolux's November 2008 petition
for waiver on December 15, 2009. 74 FR 66338. Subsequently, DOE granted
similar waivers for additional Electrolux refrigerator-freezers on
March 11, 2010 (75 FR 11530) and April 29, 2010 (75 FR 22584). Most
recently, DOE granted similar waivers to Samsung on March 18, 2010 (75
FR 13120) and August 3, 2010 (75 FR 45623); to Haier on June 7, 2010
(75 FR 32175); and to LG on August 19, 2010 (75 FR 51264).
In its September 2010 petition, as in its three earlier petitions,
Electrolux seeks a waiver from the existing DOE test procedure
applicable to refrigerators and refrigerator-freezers under 10 CFR part
430 because the existing test procedure takes neither ambient
[[Page 76964]]
humidity nor adaptive technology into account. Therefore, Electrolux
states that the test procedure does not accurately measure the energy
consumption of Electrolux's new refrigerator-freezers that feature
variable anti-sweat heater controls and adaptive heaters. Consequently,
Electrolux has submitted to DOE for approval an alternate test
procedure that would allow it to calculate the energy consumption of
this new product line correctly. Electrolux's alternate test procedure
is the same in all relevant particulars as that prescribed for GE,
Whirlpool, Samsung, Haier, LG and Electrolux itself for 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, for example, in the Decision and Order that DOE published in
the Federal Register on February 27, 2008 in response to GE's petition
for waiver described above. 73 FR 10425. DOE believes that it is in the
public interest to have similar products tested and rated for energy
consumption on a comparable basis.
III. Application for Interim Waiver
Electrolux also requests an interim waiver from the existing DOE
test procedure. Under 10 CFR 430.27(b)(2), each application for interim
waiver ``shall demonstrate likely success of the Petition for Waiver
and shall address what economic hardship and/or competitive
disadvantage is likely to result absent a favorable determination on
the Application for Interim Waiver.'' An interim waiver may be granted
if it is determined that the applicant will experience economic
hardship if the application for interim waiver is denied; if it appears
likely that the petition for waiver will be granted; and/or the
Assistant Secretary determines that it would be desirable for public
policy reasons to grant immediate relief pending a determination of the
petition for waiver. 10 CFR 430.27(g).
DOE has determined that Electrolux's application for interim waiver
does not provide sufficient market, equipment price, shipments and
other manufacturer impact information to permit DOE to evaluate the
economic hardship Electrolux might experience absent a favorable
determination on its application for interim waiver. DOE understands,
however, that absent an interim waiver, Electrolux's products would not
otherwise be tested and rated for energy consumption on a comparable
basis as equivalent GE, LG, Samsung, Haier and Whirlpool products for
which DOE previously granted waivers, and Electrolux would be required
to represent a higher energy consumption for essentially the same
product. Therefore, it appears likely that Electrolux's petition for
waiver will be granted. Moreover, it is desirable for public policy
reasons to grant Electrolux immediate relief pending a determination on
the petition for waiver since it is in the public interest to have
similar products tested and rated for energy consumption on a
comparable basis. As stated above, DOE has already granted similar
waivers because the test procedure does not accurately represent the
energy consumption of refrigerator-freezers containing relative
humidity sensors and adaptive control anti-sweat heaters. The rationale
for granting these waivers is equally applicable to Electrolux, which
has products containing similar relative humidity sensors and anti-
sweat heaters.
For the reasons stated above, DOE grants Electrolux's application
for interim waiver from testing of its refrigerator-freezer product
line containing relative humidity sensors and adaptive control anti-
sweat heaters. Therefore, it is ordered that:
The application for interim waiver filed by Electrolux is hereby
granted for Electrolux's refrigerator-freezer product line containing
relative humidity sensors and adaptive control anti-sweat heaters,
subject to the specifications and conditions below.
1. Electrolux shall not be required to test or rate its
refrigerator-freezer product line containing relative humidity sensors
and adaptive control anti-sweat heaters on the basis of the test
procedure under 10 CFR part 430 subpart B, appendix A1.
2. Electrolux shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive
control anti-sweat heaters according to the alternate test procedure as
set forth in section IV, ``Alternate test procedure.''
The interim waiver applies to the following basic model groups:
EI27BS* * * * FGUN26* * * * CFD26* * *
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
or may not be manufactured by the petitioner. Electrolux may submit a
new or amended petition for waiver and request for grant of interim
waiver, as appropriate, for additional models of refrigerator-freezers
for which it seeks a waiver from the DOE test procedure. In addition,
DOE notes that grant of an interim waiver or waiver does not release a
petitioner from the certification requirements set forth at 10 CFR
430.62.
Further, this interim waiver is conditioned upon the presumed
validity of statements, representations, and documents provided by the
petitioner. DOE may revoke or modify this interim waiver at any time
upon a determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Alternate Test Procedure
Electrolux's new line of refrigerator-freezers contains sensors
that detect ambient humidity and interact with controls that vary the
effective wattage of anti-sweat heaters to evaporate excess moisture.
The existing DOE test procedure cannot be used to calculate the energy
consumption of these features. The variable anti-sweat heater
contribution to the refrigerator-freezer's energy consumption is
entirely dependent on the ambient humidity of the test chamber, which
the DOE test procedure does not specify. The energy consumption of the
anti-sweat heaters will be modeled and added to the energy consumption
measured when the anti-sweat heaters are disabled. The anti-sweat
contribution to the product's total energy consumption will be
calculated using the same methodology that was set forth in the GE
petition. The objective of this approach is to simulate the average
energy used by the adaptive anti-sweat heaters as activated in
refrigerator-freezers of typical consumer households across the U.S.
To determine the conditions in a typical consumer household, GE
compiled historical data on the monthly average outdoor temperatures
and humidities for the top 50 metropolitan areas of the U.S. over
approximately the last 30 years. In light of the similarity of the
technologies at issue to the aforementioned GE products, Electrolux is
using the same data compiled by GE for its determination of the anti-
sweat heater energy use. Like GE, LG, Samsung, Haier and Whirlpool,
Electrolux includes in its test procedure a ``system-loss factor'' to
calculate system losses attributed to operating anti-sweat heaters,
controls, and related components.
For the duration of the interim waiver, Electrolux shall be
required to test the products listed above according to the test
procedures for residential electric refrigerator-freezers prescribed
[[Page 76965]]
by DOE at 10 CFR part 430, subpart B, appendix A1, except that, for the
Electrolux products listed above only:
(A) The following definition is added at the end of Section 1:
1.13 ``Variable anti-sweat heater control'' means an anti-sweat
heater where power supplied to the device is determined by an operating
condition variable(s) and/or ambient condition variable(s).
(B) Section 2.2 is revised to read as follows:
2.2 Operational conditions. The electric refrigerator or electric
refrigerator-freezer shall be installed and its operating conditions
maintained in accordance with HRF-1-1979, section 7.2 through section
7.4.3.3. except that the vertical ambient temperature gradient at
locations 10 inches (25.4 cm) out from the centers of the two sides of
the unit being tested is to be maintained during the test. Unless
shields or baffles obstruct the area, the gradient is to be maintained
from 2 inches (5.1 cm) above the floor or supporting platform to a
height one foot (30.5 cm) above the unit under test. Defrost controls
are to be operative. The anti-sweat heater switch is to be ``off''
during one test and ``on'' during the second test. In the case of an
electric refrigerator or 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 or refrigerator-freezer with a
variable anti-sweat heater control in the ``on'' position
(Eon), expressed in kilowatt-hours per day, shall be
calculated equivalent to:
EON = E + (Correction Factor)
Where E is determined by 6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2,
whichever is appropriate, with the anti-sweat heater switch in the
``off'' position.
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x
(24 hrs/1 day) x (1 kW/1000 W)
Where:
Anti-sweat Heater Power = A1 * (Heater Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)
Where A1-A10 are obtained from the following table:
A1 = 0.034............................ A6 = 0.119.
A2 = 0.211............................ A7 = 0.069.
A3 = 0.204............................ A8 = 0.047.
A4 = 0.166............................ A9 = 0.008.
A5 = 0.126............................ A10 = 0.015.
Heater Watts at a specific relative humidity = the nominal watts
used by all heaters at that specific relative humidity, 72[deg]F
ambient, and DOE reference temperatures of fresh food (FF) average
temperature of 45 [deg]F and freezer (FZ) average temperature of 5
[deg]F.
System-loss Factor = 1.3
V. Summary and Request for Comments
Through today's notice, DOE grants Electrolux an interim waiver
from the specified portions of the test procedure applicable to
Electrolux's new line of refrigerator-freezers with variable anti-sweat
heater controls and adaptive heaters and announces receipt of
Electrolux's petition for waiver from those same portions of the test
procedure. DOE publishes Electrolux's petition for waiver in its
entirety pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains no
confidential information. The petition includes a suggested alternate
test procedure and calculation methodology to determine the energy
consumption of Electrolux's specified refrigerator-freezers with
adaptive anti-sweat heaters. Electrolux is required to follow this
alternate procedure as a condition of its interim waiver, and DOE is
considering including this alternate procedure in its subsequent
Decision and Order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), any
person submitting written comments to DOE must also send a copy of such
comments to the petitioner. The contact information for the petitioner
is: Mr. Jean-Cyril Walker, Keller and Heckman, LLP, 1001 G Street, NW.,
Washington, DC 20001. Telephone: (202) 434-4181. E-mail:
millar@khlaw.com. All submissions received must include the agency name
and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text
(American Standard Code for Information Interchange (ASCII)) file
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. DOE does not accept telefacsimiles (faxes).
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies to DOE: one copy of the document
including all the information believed to be confidential, and one copy
of the document with the information believed to be confidential
deleted. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Issued in Washington, DC, on December 3, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
September 15, 2010
Via Overnight Delivery
The Honorable Catherine Zoi
Assistant Secretary
Office of Energy Efficiency and Renewable Energy
U.S. Department of Energy
Mail Station EE-10
Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0121
Re: Petition for Waiver and Application for Interim Waiver from the
Department of Energy Residential Refrigerator and Refrigerator-Freezer
Test Procedures by Electrolux Home Products, Inc.
Dear Secretary Zoi:
On behalf of our client, Electrolux Home Products, Inc.
(``Electrolux''), we respectfully submit this Petition for Waiver and
Application for Interim Waiver requesting exemption by the Department
of Energy from certain parts of the test procedure for determining
refrigerator-freezer energy consumption under 10 CFR Sec. 430.27. The
requested waiver will allow Electrolux to test its refrigerator-
freezers to the amended procedure set out by this Petition.
This Petition for Waiver contains no confidential business
information and may be released pursuant to Freedom of Information Act
requests.
I. Petition for Waiver
Electrolux seeks the Department's approval of this proposed
amendment to the refrigerator-freezer test procedure to be assured of
properly calculating the energy consumption and properly labeling its
new refrigerator-freezers. On February 27, 2008 and May 5, 2009, the
Department granted Petitions for Waiver filed respectively by General
Electric Corporation (``GE'') and Whirlpool Corporation (``Whirlpool'')
to establish a new methodology to calculate the energy consumption of a
refrigerator-
[[Page 76966]]
freezer when such a product contains adaptive anti-sweat heaters.\2\
---------------------------------------------------------------------------
\2\ Decision and Order Granting a Waiver to the General Electric
Company From the Department of Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedure, 73 Fed. Reg. 10425; Decision
and Order Granting a Waiver to Whirlpool Corporation From the
Department of Energy Residential Refrigerator and Refrigerator-
Freezer Test Procedure, 74 Fed. Reg. 20695.
---------------------------------------------------------------------------
Electrolux has developed its own adaptive anti-sweat system that
uses a humidity sensor to operate the anti-sweat heaters. On November
6, 2008, Electrolux filed a Petition for Waiver and Application for
Interim Waiver from the test procedure applicable to residential
electric refrigerators and refrigerator-freezers. Having determined
that Electrolux is seeking a waiver similar to the one granted to GE,
on December 15, 2009, the Department granted Electrolux a Waiver.\3\
Since then, the Department has granted Electrolux two other Waivers
from the residential refrigerator and refrigerator-freezer test
procedures for additional basic models featuring identical adaptive
anti-sweat technology.\4\
---------------------------------------------------------------------------
\3\ Decision and Order Granting a Waiver to Electrolux Home
Products, Inc. From the Department of Energy Residential
Refrigerator and Refrigerator-Freezer Test Procedure, 74 Fed. Reg.
66338 (December 15, 2009).
\4\ Decision and Order Granting a Waiver to Electrolux Home
Products, Inc. From the Department of Energy Residential
Refrigerator and Refrigerator-Freezer Test Procedure, 75 Fed. Reg.
11530 (March 11, 2010); Decision and Order Granting a Waiver to
Electrolux Home Products, Inc. From the Department of Energy
Residential Refrigerator and Refrigerator-Freezer Test Procedure, 75
Fed. Reg. 22584 (April 29, 2010).
---------------------------------------------------------------------------
Department regulations make clear that once a waiver has been
granted, the Department must take steps to incorporate the new
procedure and eliminate the need for continuing waivers:
Within one year of the granting of any waiver, the Department of
Energy will publish in the Federal Register a notice of proposed
rulemaking to amend its regulations so as to eliminate any need for the
continuation of such waiver. As soon thereafter as practicable, the
Department of Energy will publish in the Federal Register a final rule.
Such waiver will terminate on the effective date of such final rule.\5\
---------------------------------------------------------------------------
\5\ 10 CFR Sec. 430.27(m).
---------------------------------------------------------------------------
In the interim, however, Electrolux is developing and planning to
shortly introduce into the marketplace new models that use the
identical adaptive anti-sweat system addressed by the December 15,
2009, March 11, 2010, and April 29, 2010 Waivers granted to Electrolux
by the Department. Accordingly, Electrolux is filing this Petition for
Waiver and Application for Interim Waiver to address these new models.
The Department's regulations provide that the Assistant Secretary
will grant a petition for waiver upon ``determination that the basic
model for which the waiver was requested contains a design
characteristic which either prevents testing of the basic model
according to the prescribed test procedures, or the prescribed test
procedures may evaluate the basic model in a manner so unrepresentative
of its true energy consumption characteristics as to provide materially
inaccurate comparative data.'' \6\
---------------------------------------------------------------------------
\6\ 10 CFR Sec. 430.27(l).
---------------------------------------------------------------------------
Electrolux respectfully submits that sufficient grounds exist for
the Assistant Secretary to grant this Petition on both points. First,
the refrigerator energy test procedure does not allow the energy used
by Electrolux's new refrigerator to be accurately calculated. The new
refrigerator contains adaptive anti-sweat heaters (i.e., anti-sweat
heaters that respond to humidity conditions found in consumers' homes).
Since the test conditions specified by the test procedure neither
define required humidity conditions nor otherwise take ambient humidity
conditions into account in calculating energy consumption, the adaptive
feature of Electrolux's new refrigerator models cannot be properly
tested.
Second, testing Electrolux's new refrigerator models according to
the test procedure would provide results that do not accurately measure
the energy used by the new refrigerator.
A. The Refrigerator Energy Test Procedure
The test procedure for calculating energy consumption specifies
that the test chamber must be maintained at 90 [deg]Fahrenheit
(``F'').\7\ This ambient temperature is not typical of conditions in
most consumers' homes. Rather, it is intended to simulate the heat load
of a refrigerator in a 70 [deg]F ambient with typical usage by the
consumer. But the test procedure does not specify test chamber humidity
conditions. Sweat occurs on refrigerators when specific areas on the
unit are below the local dew point. Higher relative humidity levels
result in an increase of the dew point. Sweat has been addressed by
installing anti-sweat heaters on mullions and other locations where
sweat accumulates. Previous anti-sweat heaters operated at a fixed
amount of power and turned on or off regardless of the humidity or
amount of sweat on the unit.
---------------------------------------------------------------------------
\7\ 10 CFR Part 430, Subpart B, App. A1.
---------------------------------------------------------------------------
B. Electrolux's Proposed Modifications
The circumstances of this Petition are similar to those in the
Department's earlier decisions granting waiver petitions, including the
2001 Waiver granted in In the Matter of Electrolux Home Appliances.\8\
The test procedure at issue in Electrolux's 2001 waiver request was
originally developed when simple mechanical defrost timers were the
norm. Accordingly, Electrolux sought a test procedure waiver to
accommodate its advanced defrost timer. The Assistant Secretary, in
granting the Waiver, acknowledged the role of technology advances in
evaluating the need for test procedure waivers. With this current
Petition, Electrolux again seeks to change how it tests its new models
to take into account advances in sensing technology, i.e., sensors that
detect temperature and humidity conditions and interact with controls
to vary the effective wattage of anti-sweat heaters to evaporate excess
sweat.
---------------------------------------------------------------------------
\8\ Granting of the Application for Interim Waiver and
Publishing of the Petition for Waiver of Electrolux Home Products
from the DOE Refrigerator and Refrigerator-Freezer Test Procedure
(Case No. RF-005), 66 Fed. Reg. 40,689 (Aug. 3, 2001).
---------------------------------------------------------------------------
The Electrolux models, with the anti-sweat technology, subject to
this Petition are:
EI27BS * * *
FGUN26 * * *
CFD26 * * *
As with the models covered by the prior petitions, Electrolux
proposes to run the energy-consumption test with the anti-sweat heater
switch in the ``off'' position and then, because the test chamber is
not humidity-controlled, to add to that result the kilowatt hours per
day derived by calculating the energy used when the anti-sweat heater
is in the ``on'' position. This contribution will be calculated by the
same method that was proposed by GE and Whirlpool in their Petitions
for Waiver,\9\ as well as by Electrolux in its earlier Petitions. The
objective of the proposed approach is to simulate the average energy
used by the adaptive anti-sweat heaters as activated in typical
consumer households across the United States.
---------------------------------------------------------------------------
\9\ Publication of the Petition for Waiver of General Electric
Company From the Department of Energy Refrigerator and Refrigerator/
Freezer Test Procedures, 72 Fed. Reg. 19,189 (Apr. 17, 2007);
Publication of the Petition for Waiver of Whirlpool Corporation From
the Department of Energy Refrigerator and Refrigerator/Freezer Test
Procedures, 73 Fed. Reg. 39,684 (July 10, 2008).
---------------------------------------------------------------------------
In formulating its Petition, GE conducted research to determine the
[[Page 76967]]
average humidity level experienced across the United States. The result
of this research was that GE was able to determine the probability that
any U.S. household would experience certain humidity conditions during
any month of the year. This data was consolidated into 10 bands each
representing a 10% range of relative humidity. In submitting this
Petition, Electrolux is confirming the validity of using such bands to
represent the average humidity experienced across the United States and
will adopt the same population weighting as proposed by GE. The bands
proposed by GE are as follows:
------------------------------------------------------------------------
Probability Constant
% Relative humidity (percent) designation
------------------------------------------------------------------------
1 0-10.................................. 3.4 A1
2 10-20................................. 21.1 A2
3 20-30................................. 20.4 A3
4 30-40................................. 16.6 A4
5 40-50................................. 12.6 A5
6 50-60................................. 11.9 A6
7 60-70................................. 6.9 A7
8 70-60................................. 4.7 A8
9 80-90................................. 0.8 A9
10 90-100............................... 1.5 A10
------------------------------------------------------------------------
Since system losses are involved with operating anti-sweat heaters,
Electrolux proposes to include in the calculation a factor to account
for such energy. This additional energy includes the electrical energy
required to operate the anti-sweat heater control and related
components, and the additional energy required to increase compressor
run time to remove heat introduced into the refrigerator compartments
by the anti-sweat heater. Based on Electrolux's experience, this
``System-loss Factor'' is 1.3. Simply stated, the Correction Factor
that Electrolux proposes to add to the energy-consumption test results
obtained with the anti-sweat heater switch in the ``off'' position is
calculated as follows:
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x
(24 hours/1 day) x (1 kW/1000 W)
Continue by calculating the national average power in watts used by
the anti-sweat heaters. This is done by totaling the product of
constants A1-A10 multiplied by the respective heater watts used by a
refrigerator operating in the median percent relative humidity for that
band and the following standard refrigerator conditions:
Ambient temperature of 72 [deg]F;
Fresh food (FF) average temperature of 45 [deg]F; and
Freezer (FZ) average temperature of 5 [deg]F.
Anti-sweat Heater Power = A1 * (Heater Watts at 5% RH) + A2 *
(Heater Watts at 15% RH) + A3 * (Heater Watts at 25% RH) + A4 *
(Heater Watts at 35% RH) + A5 * (Heater Watts at 45% RH) + A6 *
(Heater Watts at 55% RH) + A7 * (Heater Watts at 65% RH) + A8 *
(Heater Watts at 75% RH) + A9 * (Heater Watts at 85% RH) + A10 *
(Heater Watts at 95% RH)
As explained above, bands A1-A10 were selected as representative of
humidity conditions in all U.S. households. Utilizing such weighed
bands will allow the calculation of the national average energy
consumption for each product.
Based on the above, Electrolux proposes to test its new models as
if the test procedure were modified to calculate the energy of the unit
with the anti-sweat heaters in the on position as equal to the energy
of the unit tested with the anti-sweat heaters in the off position plus
the Anti-Sweat Heater Power times the System Loss Factor (expressed in
KWH/YR).
II. Application for Interim Waiver
Pursuant to Department regulations, the Assistant Secretary will
grant an Interim Waiver ``if it is determined that the applicant will
experience economic hardship if the Application for Interim Waiver is
denied, if it appears likely that the Petition for Waiver will be
granted, and/or the Assistant Secretary determines that it would be
desirable for public policy reasons to grant immediate relief pending a
determination on the Petition for Waiver.'' \10\
---------------------------------------------------------------------------
\10\ 10 CFR 430.27(g).
---------------------------------------------------------------------------
The DOE letter granting the Electrolux Interim Waiver recognized
that:
* * * public policy would favor granting Electrolux an Interim
Waiver, pending determination of the Petition for Waiver. On February
27, 2008, DOE granted the General Electric Company (``GE'') a waiver
from the refrigerator-freezer test procedure because it takes neither
ambient humidity nor adaptive technology into account. 73 FR 10425. The
test procedure would not accurately represent the energy consumption of
refrigerator-freezers containing relative humidity sensors and adaptive
control anti-sweat heaters. This argument is equally applicable to
Electrolux, which has products containing similar relative humidity
sensors and anti-sweat heaters. Electrolux is seeking a very similar
waiver to the one DOE granted to GE, with the same alternate test
procedure, and it is very likely Electrolux's Petition for Waiver will
be granted.
As Electrolux noted in its November 6, 2008, July 13, 2009, and
December 4, 2009 Petitions for Waiver and Applications for Interim
Waiver, the Company could have designed its adaptive anti-sweat system
so that the anti-sweat heaters showed no impact during energy testing.
However, like GE and Whirlpool Corporation, Electrolux is following the
intent of the regulations to more accurately represent the energy
consumed by the new refrigerators when used in the home.
In addition to more fairly and accurately representing the actual
energy usage of appliances equipped with this technology, anti-sweat
heaters are now a well-recognized and widely used technology in the
industry. The alternate test procedure that is the subject of this
Waiver request is now the established method by which the energy
performance of anti-sweat heaters is measured, and Electrolux has
invested heavily to implement this procedure for its new models.
Consequently, requiring Electrolux to use the energy test procedure at
10 CFR Sec. 430.27 would impose an economic hardship on the Company.
The adaptive anti-sweat system in the Electrolux models referenced
above is similar to those addressed by the December 15, 2009, March 11,
2010, and April 29, 2010 Waivers granted to Electrolux by the
[[Page 76968]]
Department.\11\ Accordingly, Electrolux respectfully submits that
sufficient grounds exist for the Assistant Secretary to grant the
Electrolux Application for Interim Waiver.
---------------------------------------------------------------------------
\11\ See supra notes 2-3.
---------------------------------------------------------------------------
III. Conclusion
Electrolux urges the Assistant Secretary to grant its Petition for
Waiver and Application for Interim Waiver to allow Electrolux to test
its new refrigerator models as noted above. Granting Electrolux's
Petition for Waiver will encourage the introduction of advanced
technologies while providing proper consideration of energy
consumption.
IV. Affected Persons
Primarily affected persons in the refrigerator-freezer category
include BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH),
Equator, Fisher & Paykel Appliances Inc., GE Appliances, Haier America
Trading, L.L.C., Heartland Appliances, Inc., Liebherr Hausgerate, LG
Electronics USA Inc., Northland Corporation, Samsung Electronics
America, Inc., Sanyo Fisher Company, Sears, Sub-Zero Freezer Company,
U-Line, Viking Range, W. C. Wood Company, and Whirlpool Corporation.
The Association of Home Appliance Manufacturers is also generally
interested in energy efficiency requirements for appliances. Electrolux
will notify all these entities as required by the Department's rules
and provide them with a version of this Petition.
Sincerely,
Jean-Cyril Walker
Enclosures
cc: Michael Raymond, DOE Office of Energy Efficiency and Renewable
Energy
[FR Doc. 2010-31063 Filed 12-9-10; 8:45 am]
BILLING CODE 6450-01-P
