Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 4539 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Acting 

Director, Information Collection 

Clearance Division, Regulatory 

Information Management Services, 

Office of Management, publishes that 

notice containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

The Department of Education is 

especially interested in public comment 

addressing the following issues: (1) Is 

this collection necessary to the proper 

functions of the Department; (2) will 

this information be processed and used 

in a timely manner; (3) is the estimate 

of burden accurate; (4) how might the 

Department enhance the quality, utility, 

and clarity of the information to be 

collected; and (5) how might the 

Department minimize the burden of this 

collection on the respondents, including 

through the use of information 

technology. 

Dated: January 25, 2010. 

James Hyler, 

Acting Director, Information Collection 

Clearance Division, Regulatory Information 

Management Services, Office of Management. 

Federal Student Aid 

Type of Review: Revision. 

Title: Application To Participate in 

the Leveraging Educational Assistance 

and Partnership (LEAP), Special-LEAP, 

and Grants for Access and Persistence 

(GAP) Programs. 

Frequency: Annually. 

Affected Public: Businesses or other 

for-profit; State, Local, or Tribal Gov’t, 

SEAs or LEAs. 

Reporting and Recordkeeping Hour 

Burden 

Responses: 56. 

Burden Hours: 448. 

Abstract: The officially designated 

educational agency in each of the 50 

States, the District of Columbia, Puerto 

Rico, and four island jurisdictions use 

this form to apply annually to 

participate in the Leveraging 

Educational Assistance and Partnership 

(LEAP), Special Leveraging Educational 

Assistance and Partnership (SLEAP), 

and Grants for Access and Persistence 

(GAP) Programs. On this application the 

States provide information the 

Department requires to obligate funds 

and for program management. 

Requests for copies of the proposed 

information collection request may be 

accessed from http://edicsweb.ed.gov, 

by selecting the ‘‘Browse Pending 

Collections’’ link and by clicking on link 

number 4210. When you access the 

information collection, click on 

‘‘Download Attachments’’ to view. 

Written requests for information should 

be addressed to U.S. Department of 

Education, 400 Maryland Avenue, SW., 

LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to ICDocketMgr@ed.gov or faxed 

to 202–401–0920. Please specify the 

complete title of the information 

collection when making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

ICDocketMgr@ed.gov. Individuals who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339. 

[FR Doc. 2010–1747 Filed 1–27–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[Case No. RF–012] 

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 Procedures 

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 

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 March 1, 2010. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–012,’’ by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Include either the case number [Case 

No. RF–012], and/or ‘‘Electrolux 

Petition’’ in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

4540 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 

Petition for Waiver and Application for 

Interim Waiver; and (4) prior DOE 

rulemakings regarding similar 

refrigerators and 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. Francine Pinto or Mr. Michael 

Kido, U.S. Department of Energy, Office 

of the General Counsel, Mail Stop GC– 

71, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–8145. E-mail: 

Francine.Pinto@hq.doe.gov or 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (‘‘EPCA’’) sets forth a 

variety of provisions concerning energy 

efficiency. Part A of Title III provides for 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ (42 U.S.C. 6291–6309) 

Part A includes definitions, test 

procedures, labeling provisions, energy 

conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part A authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results which measure energy 

efficiency, energy use, or estimated 

operating costs, and that are not unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) The test procedure for 

residential refrigerators and refrigeratorfreezers is contained in Title 10 of the 

Code of Federal Regulations (10 CFR) 

Part 430, subpart B, appendix A1. 

The regulations set forth in 10 CFR 

430.27 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

consumer products. A waiver will be 

granted by the Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) if it is 

determined that the basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevents testing of 

the basic model according to the 

prescribed test procedures, or if the 

prescribed test procedures may evaluate 

the basic model in a manner so 

unrepresentative of its true energy 

consumption characteristics as to 

provide materially inaccurate 

comparative data. 10 CFR 430.27(l). 

Petitioners must include in their 

petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. 10 CFR 

430.27(b)(1)(iii). The Assistant Secretary 

may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

430.27(l). Waivers remain in effect 

pursuant to the provisions of 10 CFR 

430.27(m). 

The waiver process also allows the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. (10 CFR 

430.27(a)(2); 430.27(g)) An interim 

waiver remains in effect for a period of 

180 days or until DOE issues its 

determination on the petition for 

waiver, whichever is sooner, and may 

be extended for an additionally 180 

days, if necessary. (10 CFR 430.27(h)) 

II. Petition for Waiver of Test Procedure 

On December 4, 2009, 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 refrigerators and 

refrigerator-freezers that contain 

variable anti-sweat heater controls that 

detect a broad range of temperature and 

humidity conditions, and respond by 

activating adaptive heaters, as needed, 

to evaporate excess moisture. 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, respectively (73 FR 39684). 

GE’s waiver was granted on February 

27, 2008 (73 FR 10425). Whirlpool’s 

waiver was granted on May 5, 2009 (74 

FR 20695). On November 6, 2008, 

Electrolux filed a Petition for Waiver, 

similar to the current Electrolux 

Petition, from the test procedures 

applicable to additional basic models of 

residential refrigerators and refrigeratorfreezers. Electrolux’s November 2008 

Petition was published in the Federal 

Register on June 4, 2009. 74 FR 26853. 

In that notice, DOE announced its grant 

of an interim waiver to Electrolux, and 

expanded that waiver to include four 

additional models after receiving 

supplemental information from the 

company. DOE granted Electrolux’s 

November 2008 petition for waiver on 

December 15, 2009. 74 FR 66338. 

In its December 2009 petition, as in its 

November 2008 petition, 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 

humidity nor adaptive technology into 

account. Therefore, Electrolux states 

that the test procedure does not 

accurately measure the energy 

consumption of Electrolux’s new 

refrigerators and 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 

correctly calculate the energy 

consumption of this new product line. 

Electrolux’s alternate test procedure is 

the same in all relevant particulars as 

that prescribed for GE, Whirlpool and 

Electrolux itself for refrigerators and 

refrigerator-freezers that are equipped 

with the same type of technology. The 

alternate test procedure applicable to 

these products simulates the energy 

used by the adaptive heaters in a typical 

consumer household, as explained in 

the Decision and Order that DOE 

published in the Federal Register on 

February 27, 2008. 73 FR 10425. DOE 

believes that it is in the public interest 

to have similar products tested and 

rated for energy consumption on a 

comparable basis. 

III. Application for Interim Waiver 

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 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 4541 

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 with equivalent GE 

and Whirlpool products where DOE 

previously granted waivers, and would 

be required to represent a higher energy 

consumption for essentially the same 

product. Furthermore, it appears likely 

that Electrolux’s Petition for Waiver will 

be granted, and it is desirable for public 

policy reasons to grant Electrolux 

immediate relief pending a 

determination on the petition for 

waiver. As stated above, DOE has 

already granted similar waivers to GE, 

Whirlpool and Electrolux because the 

test procedure does not accurately 

represent the energy consumption of 

refrigerator-freezers containing relative 

humidity sensors and adaptive control 

anti-sweat heaters. The rationale for 

granting these waivers is equally 

applicable to Electrolux, which has 

products containing similar relative 

humidity sensors and anti-sweat 

heaters. DOE has also concluded that it 

is in the public interest to have similar 

products tested and rated for energy 

consumption on a comparable basis. 

For the reasons stated above, DOE 

grants 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: 

CRS23*** FFCU23  FGHS26** ** FGUN23  FGHB28** ** 

CRS26*** FGHC23  FGUS26** ** FPHN23  FGUB28** ** 

FFHS23  FGCU23** ** FPHS26  FPUN23** ** FPHB28  

FFUS23** ** FPHC23  FPUS26** ** EI23BC  FPUB28** ** 

FGHS23  FPCU23** ** EI26SS  EW23BC** ** FGHN28  

FGUS23** ** FFSC23  EW26SS** ** E23BC***** FGUN28  

FPHS23** ** EI23CS  FGHF23** ** FFHB26  FPHN28** ** 

FPUS23  EW23CS** ** FGUB23  FFUB26** ** FPUN28  

EI23SS** ** E23CS  FPHF23** ** FFHN26  EI28BS** ** 

EW23SS  FFHS26** ** FPUB23  FFUN26** ** EW28BS  

FFHC23** ** FFUS26  FGHN23** ** EI26BS**** 

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 refrigerators 

and 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’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 with the 

anti-sweat heaters disabled. The antisweat contribution to the product’s total 

energy consumption will be calculated 

by 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 

refrigerators and refrigerator-freezers of 

typical consumer households across the 

United States. 

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 

technologies at issue, Electrolux is using 

the same data compiled by GE for its 

determination of the anti-sweat heater 

energy use. Like GE 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 electric 

refrigerator-freezers prescribed by DOE 

at 10 CFR part 430, 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-freezer 

equipped with variable anti-sweat 

heater control, the ‘‘on’’ test will be the 

result of the calculation described in 

mstockstill on DSKH9S0YB1PROD with NOTICES

4542 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 

1 Decision and Order Granting a Waiver to the 

General Electric Company From the Department of 

Energy Residential Refrigerator and RefrigeratorFreezer Test Procedure (Case No. RF–007), 73 Fed. 

Reg. 10,425; Energy Conservation Program for 

Consumer Products: Decision and Order Granting a 

Waiver to Whirlpool Corporation From the 

Department of Energy Residential Refrigerator and 

Refrigerator-Freezer Test Procedure, 74 Fed. Reg. 

20,695. 

2See 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 RefrigeratorFreezer Test Procedures, 74 Fed. Reg. 26,853 (June 

4, 2009). 

6.2.3. Other exceptions are noted in 2.3, 

2.4, and 5.1 below. 

(C) New section 6.2.3 is inserted after 

section 6.2.2.2. 

6.2.3 Variable anti-sweat heater 

control test. The energy consumption of 

an electric refrigerator-freezer with a 

variable anti-sweat heater control in the 

‘‘on’’ position (Eon), expressed in 

kilowatt-hours per day, shall be 

calculated equivalent to: 

EON = E + (Correction Factor) 

Where E is determined by 6.2.1.1, 6.2.1.2, 

6.2.2.1, or 6.2.2.2, whichever is appropriate, 

with the anti-sweat heater switch in the ‘‘off’’ 

position. 

Correction Factor = (Anti-sweat Heater 

Power × System ¥ loss Factor) × 

(24 hrs/1 day) × (1 kW/1000 W) 

Where: 

Anti-sweat Heater Power = A1 * (Heater 

Watts at 5%RH) 

+ A2 * (Heater Watts at 15%RH) 

+ A3 * (Heater Watts at 25%RH) 

+ A4 * (Heater Watts at 35%RH) 

+ A5 * (Heater Watts at 45%RH) 

+ A6 * (Heater Watts at 55%RH) 

+ A7 * (Heater Watts at 65%RH) 

+ A8 * (Heater Watts at 75%RH) 

+ A9 * (Heater Watts at 85%RH) 

+ A10 * (Heater Watts at 95%RH) 

Where A1–A10 are from the following table: 

A1 = 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°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 

refrigerators and 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 

refrigerators and 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: Ms. Sheila A. Millar, 

Keller and Heckman, LLP, 1001 G 

Street, NW., Washington, DC 20001. 

Telephone: (202) 434–4100. 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 January 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

December 4, 2009 

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 

Writer’s Direct Access 

Sheila A. Millar 

(202) 434–4143 

millar@khlaw.com 

Re: Petition for Waiver and Application 

for Interim Waiver from the 

Department of Energy Residential 

Refrigerator and RefrigeratorFreezer 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 

residential refrigerator and refrigeratorfreezer energy consumption under 10 

CFR § 430.27. The requested waiver will 

allow Electrolux to test its refrigeratorfreezer 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 test procedure to be 

assured of properly calculating the 

energy consumption and properly 

labeling its new refrigerator. 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 refrigeratorfreezer when such a product contains 

adaptive anti-sweat heaters.1

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, and 

that the Electrolux Petition is likely to 

be granted, the Department on March 3, 

2009, granted Electrolux an Interim 

Waiver, which was expanded on June 4, 

2009, to cover four additional models.2

On July 13, 2009, Electrolux filed a 

second Petition for Waiver and 

Application for Interim Waiver for 

residential electric refrigerators and 

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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 4543 

3 10 CFR § 430.27(m). 

4 10 CFR § 430.27(l). 

5 10 CFR Part 430, Subpart B, App. A1. 

6 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). 

7Publication 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 

Continued 

refrigerator freezers with the 

Department that is still pending. 

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.3

In the interim, however, Electrolux is 

developing and planning to shortly 

introduce into the marketplace new 

models that use adaptive anti-sweat 

technology. 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.’’ 4

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 

existing 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’’).5 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 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.6 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 following basic Electrolux 

refrigerator and refrigerator-freezer 

models featuring anti-sweat technology 

are subject to this Petition and include, 

but are not limited to, bottom mount, 

bottom mount French door, and side by 

side models, with and without through 

the door ice and water. The actual 

model numbers will vary to account for 

year of manufacture, product color, or 

other features (e.g., whether or not the 

unit has through the door ice and water 

or other features), but will always 

include anti-sweat technology whose 

energy impact is calculated in 

accordance with this Petition. 

CRS23*** FFCU23  FGHS26** ** FGUN23  FGHB28** ** 

CRS26*** FGHC23  FGUS26** ** FPHN23  FGUB28** ** 

FFHS23  FGCU23** ** FPHS26  FPUN23** ** FPHB28  

FFUS23** ** FPHC23  FPUS26** ** EI23BC  FPUB28** ** 

FGHS23  FPCU23** ** EI26SS  EW23BC** ** FGHN28  

FGUS23** ** FFSC23  EW26SS** ** E23BC***** FGUN28  

FPHS23** ** EI23CS  FGHF23** ** FFHB26  FPHN28** ** 

FPUS23  EW23CS** ** FGUB23  FFUB26** ** FPUN28  

EI23SS** ** E23CS  FPHF23** ** FFHN26  EI28BS** ** 

EW23SS  FFHS26** ** FPUB23  FFUN26** ** EW28BS  

FFHC23** ** FFUS26  FGHN23** ** EI26BS**** 

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,7 as well as by 

mstockstill on DSKH9S0YB1PROD with NOTICES

4544 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 

Corporation From the Department of Energy 

Refrigerator and Refrigerator/Freezer Test 

Procedures, 73 Fed. Reg. 39,684 (July 10, 2008). 8 10 CFR § 430.27(g). 9See supra note 2. 

Electrolux in its earlier Petition. 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 

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: 

% Relative 

humidity 

Probability 

(percent) 

Constant 

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 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 μ System-loss Factor) μ (24 

hours/1 day) μ (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) 

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.’’ 8

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 

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 and July 13, 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 March 3, 2009 Interim 

Waiver granted to Electrolux by the 

Department, and June 4, 2009, Federal 

Register notice.9 Accordingly, 

Electrolux respectfully submits that 

sufficient grounds exist for the Assistant 

Secretary to grant the Electrolux 

Application for Interim Waiver. 

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. (Boschmstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 4545 

Siemens Hausgerate GmbH), Equator, 

Fisher & Paykel Appliances Inc., GE 

Appliances, Haier America Trading, 

L.L.C., Heartland Appliances, Inc., 

Liebherr Hausgerate, LG Electronics 

Inc., Northland Corporation, Electrolux 

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, 

Sheila A. Millar, 

cc: Michael Raymond, DOE Office of 

Energy Efficiency and Renewable 

Energy 

[FR Doc. 2010–1756 Filed 1–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Proposed Subsequent Arrangement 

AGENCY: Office of International Regimes 

and Agreements, Department of Energy. 

ACTION: Subsequent Arrangement. 

SUMMARY: This notice has been issued 

under the authority of Section 131 of the 

Atomic Energy Act of 1954, as amended 

(42 U.S.C. 2160). The Department is 

providing notice of a proposed 

subsequent arrangement under the 

Agreement for Cooperation between the 

United States of America and the 

Government of Canada Concerning 

Peaceful Uses of Nuclear Energy and the 

Agreement for Cooperation in the 

Peaceful Uses of Nuclear Energy 

between the United States and the 

European Atomic Energy Community 

(EURATOM). 

This subsequent arrangement 

concerns the retransfer of 229,290 kg of 

U.S.-origin natural uranium 

hexafluoride (67.6%), 155,000 kg of 

which is uranium, from Cameco in 

Saskatoon, Saskatchewan, Canada to 

Urenco in Capenhurst Works, Chester, 

United Kingdom. The material, which is 

currently located at Cameco, Blind 

River, will be transferred to Urenco for 

toll enrichment at their Capenhurst UK 

facility. The natural uranium 

hexafluoride was originally obtained by 

Cameco from Crowe Butte Resources 

Inc. pursuant to export license 

XSOU8798. 

In accordance with Section 131 of the 

Atomic Energy Act of 1954, as amended, 

we have determined that this 

subsequent arrangement will not be 

inimical to the common defense and 

security. 

This subsequent arrangement will 

take effect no sooner than fifteen days 

after the date of publication of this 

notice. 

Dated: January 21, 2010. 

For the Department of Energy. 

Richard Goorevich, 

Director, Office of International Regimes and 

Agreements. 

[FR Doc. 2010–1750 Filed 1–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Proposed Subsequent Arrangement 

AGENCY: Office of International Regimes 

and Agreements, Department of Energy. 

ACTION: Subsequent arrangement. 

SUMMARY: This notice has been issued 

under the authority of Section 131 of the 

Atomic Energy Act of 1954, as amended 

(42 U.S.C. 2160). The Department is 

providing notice of a proposed 

subsequent arrangement under the 

Agreement for Cooperation between the 

United States of America and the 

Government of Canada Concerning 

Peaceful Uses of Nuclear Energy and the 

Agreement for Cooperation in the 

Peaceful Uses of Nuclear Energy 

between the United States and the 

European Atomic Energy Community 

(EURATOM). 

This subsequent arrangement 

concerns the retransfer of 229,290 kg of 

U.S.-origin natural uranium 

hexafluoride (67.6%), 155,000 kg of 

which is uranium, from Cameco in 

Saskatoon, Saskatchewan, Canada to 

Urenco in Capenhurst Works, Chester, 

United Kingdom. The material, which is 

currently located at Cameco, Blind 

River, will be transferred to Urenco for 

toll enrichment at their Capenhurst UK 

facility. The natural uranium 

hexafluoride was originally obtained by 

Cameco from Crowe Butte Resources 

Inc. pursuant to export license 

XSOU8798. 

In accordance with Section 131 of the 

Atomic Energy Act of 1954, as amended, 

we have determined that this 

subsequent arrangement will not be 

inimical to the common defense and 

security. 

This subsequent arrangement will 

take effect no sooner than fifteen days 

after the date of publication of this 

notice. 

Dated: January 21, 2010. 

For the Department of Energy. 

Richard Goorevich, 

Director, Office of International Regimes and 

Agreements. 

[FR Doc. 2010–1754 Filed 1–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 7481–145] 

NYSD Limited Partnership; Notice of 

Application for Amendment of License 

and Soliciting Comments, Motions To 

Intervene, and Protests 

January 21, 2010. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Application Type: Amendment of 

recreation plan. 

b. Project No: 7481–145. 

c. Date Filed: October 27, 2009. 

d. Applicant: Boralex Hydro 

Operations, Inc., on behalf of NYSD 

Limited Partnership. 

e. Name of Project: New York State 

Dam Hydroelectric Project. 

f. Location: Mohawk River in Albany 

and Saratoga Counties, NY. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791a—825r. 

h. Applicant Contact: Daniel McCarty, 

Boralex Hydro Operations, Inc., 39 

Hudson Falls Road, South Glens Falls, 

New York 12803. Tel: (518) 747–0930. 

i. FERC Contact: Mark Carter, (202) 

502–6554, and e-mail 

mark.carter@ferc.gov. 

j. Deadline for filing comments, 

motions to intervene, and protests: 

February 22, 2010. 

All documents (original and eight 

copies) should be filed with: Secretary, 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. Please include the project 

number (P–7481–145) on any comments 

or motions filed. 

The Commission’s Rules of Practice 

and Procedure require all interveners 

filing documents with the Commission 

to serve a copy of that document on 

each person whose name appears on the 

official service list for the project. 

Further, if an intervener files comments 

or documents with the Commission 

relating to the merits of an issue that 

may affect the responsibilities of a 

particular resource agency, it must also 

serve a copy of the document on that 

resource agency. A copy of any motion 

to intervene must also be served upon 

each representative of the Applicant 

specified in the particular application. 

mstockstill on DSKH9S0YB1PROD with NOTICES