Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19077 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–017] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to 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: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–017) 

that grants to Electrolux Home Products, 

Inc. (Electrolux) a waiver from the DOE 

electric refrigerator and refrigeratorfreezer test procedures for certain basic 

models containing relative humidity 

sensors and adaptive control anti-sweat 

heaters. Under today’s decision and 

order, Electrolux shall be required to 

test and rate its refrigerator-freezers with 

relative humidity sensors and adaptive 

control anti-sweat heaters using an 

alternate test procedure that takes this 

technology into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective April 6, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611, E-mail: 

Michael.Raymond@ee.doe.gov. 

Ms. Jennifer Tiedeman, U.S. 

Department of Energy, Office of the 

General Counsel, Mail Stop GC–71, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 287– 

6111, E-mail: 

Jennifer.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants 

Electrolux a waiver from the applicable 

residential refrigerator and refrigeratorfreezer test procedures found in 10 CFR 

part 430, subpart B, appendix A1 for 

certain basic models of refrigeratorfreezers with relative humidity sensors 

and adaptive control anti-sweat heaters, 

provided that Electrolux tests and rates 

such products using the alternate test 

procedure described in this notice. 

Today’s decision prohibits Electrolux 

from making representations concerning 

the energy efficiency of these products 

unless the product has been tested 

consistent with the provisions and 

restrictions in the alternate test 

procedure set forth in the decision and 

order below, and the representations 

fairly disclose the test results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

42 U.S.C. 6293(c). 

Issued in Washington, DC, on March 30, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Electrolux Home 

Products, Inc. (Case No. RF–017) 

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 residential electric 

refrigerators and 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 electric 

refrigerators and refrigerator-freezers is 

contained in 10 CFR part 430, subpart 

B, appendix A1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when (1) the petitioner’s basic 

model 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). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or the 

Assistant Secretary determines that it 

would be desirable for public policy 

reasons to grant immediate relief 

pending a determination on the petition 

for waiver. 10 CFR 430.27(g). 

II. Electrolux’s Petition for Waiver: 

Assertions and Determinations 

On September 15, 2010, Electrolux 

filed a petition for waiver from the test 

procedures applicable to residential 

electric refrigerators and refrigeratorfreezers set forth in 10 CFR Part 430, 

subpart B, appendix A1. The products 

covered by the petition employ relative 

humidity sensors and adaptive control 

anti-sweat heaters, which detect and 

respond to temperature and humidity 

conditions, and then activate adaptive 

heaters as needed to evaporate excess 

moisture. Electrolux’s petition was 

published in the Federal Register on 

December 10, 2010. 75 FR 76962. In its 

petition, Electrolux sought a waiver 

from the existing DOE test procedure 

because it takes neither ambient 

humidity nor adaptive technology into 

account. DOE did not receive any 

comments on the Electrolux petition. 

Electrolux requested that it be 

permitted to use the same alternate test 

procedure DOE prescribed for GE, 

Whirlpool, and other companies 

manufacturing refrigerators and 

refrigerator-freezers equipped with a 

similar technology. Specifically, DOE 

granted GE, Whirlpool, Electrolux (3 

waivers), LG, Samsung (2 waivers), and 

Haier waivers on February 27, 2008 (73 

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19078 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

FR 10425); May 5, 2009 (74 FR 20695); 

December 15, 2009 (74 FR 66338), 

March 11, 2010 (75 FR 11530), April 29, 

2010 (75 FR 22584); August 19, 2010 (75 

FR 51264); March 18, 2010 (75 FR 

13120), August 3, 2010 (75 FR 45623); 

and June 7, 2010 (75 FR 32175), 

respectively. The approved alternate test 

procedure simulates the energy used by 

the adaptive heaters in a typical 

consumer household, as explained in 

the respective decisions and orders 

referenced above. As DOE has stated in 

the past, it is in the public interest to 

have similar products tested and rated 

for energy consumption on a 

comparable basis. 

Since the publication of the December 

notice, DOE issued an interim final rule 

that prescribes a particular procedure to 

address the type of system employed by 

the Electrolux products at issue. See 75 

FR 78810 (December 16, 2010). This 

procedure would apply to those 

products manufactured starting in 2014. 

III. Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Electrolux petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Electrolux. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by 

Electrolux and consultation with the 

FTC staff, it is ordered that: 

(1) The petition for waiver submitted 

by the Electrolux Home Products, Inc. 

(Case No. RF–017) is hereby granted as 

set forth in the paragraphs below. 

(2) Electrolux shall not be required to 

test or rate the following Electrolux 

models: EI27BS**** FGUN26  

CFD26** *on the basis of the current test 

procedures contained in 10 CFR part 

430, subpart B, appendix A1. Instead, it 

shall be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3) 

below: 

(3) Electrolux shall be required to test 

the products listed in paragraph (2) 

above according to the test procedures 

for electric refrigerator-freezers 

prescribed by DOE at 10 CFR part 430, 

appendix A1, except that, for the 

Electrolux products listed in paragraph 

(2) only: 

(A) The following definition is added 

at the end of Section 1: 

1.13 Variable anti-sweat heater control 

means an anti-sweat heater where power 

supplied to the device is determined by 

an operating condition variable(s) and/or 

ambient condition variable(s). 

(B) Section 2.2 is revised to read as 

follows: 

2.2 Operational conditions. The electric 

refrigerator or electric refrigerator-freezer 

shall be installed and its operating 

conditions maintained in accordance 

with HRF–1–1979, section 7.2 through 

section 7.4.3.3, except that the vertical 

ambient temperature gradient at 

locations 10 inches (25.4 cm) out from 

the centers of the two sides of the unit 

being tested is to be maintained during 

the test. Unless shields or baffles 

obstruct the area, the gradient is to be 

maintained from 2 inches (5.1 cm) above 

the floor or supporting platform to a 

height 1 foot (30.5 cm) above the unit 

under test. Defrost controls are to be 

operative. The anti-sweat heater switch 

is to be off during one test and on during 

the second test. In the case of an electric 

refrigerator-freezer equipped with 

variable anti-sweat heater control, the 

result of the second test will be derived 

by performing the calculation described 

in 6.2.3. Other exceptions are noted in 

2.3, 2.4, and 5.1 below. 

(C) New section 6.2.3 is inserted after 

section 6.2.2.2. 

6.2.3 Variable anti-sweat heater control 

test. The standard cycle energy consumption 

of an electric refrigerator-freezer with a 

variable anti-sweat heater control in the on 

position (Eon), expressed in kilowatt-hours 

per day, shall be calculated equivalent to: 

EON = E + (Correction Factor) 

where E is determined by sections 6.2.1.1, 

6.2.1.2, 6.2.2.1, or 6.2.2.2, whichever is 

appropriate, with the anti-sweat heater 

switch in the off position. 

Correction Factor = (Anti-sweat Heater Power 

× System-loss Factor) × (24 hrs/1 day) × 

(1 kW/1000 W) 

Where: 

Anti-sweat Heater Power = A1 * (Heater 

Watts at 5%RH) 

+ A2 * (Heater Watts at 15%RH) 

+ A3 * (Heater Watts at 25%RH) 

+ A4 * (Heater Watts at 35%RH) 

+ A5 * (Heater Watts at 45%RH) 

+ A6 * (Heater Watts at 55%RH) 

+ A7 * (Heater Watts at 65%RH) 

+ A8 * (Heater Watts at 75%RH) 

+ A9 * (Heater Watts at 85%RH) 

+ A10 * (Heater Watts at 95%RH) 

where A1–A10 are defined in the following 

table: 

A1 = 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 = 0.016 

Heater Watts at a specific relative humidity 

= the nominal watts used by all heaters at 

that specific relative humidity, 72°F ambient, 

and DOE reference temperatures of fresh food 

(FF) average temperature of 45 °F and freezer 

(FZ) average temperature of 5 °F. 

System-loss Factor = 1.3 

(4) Representations. Electrolux may 

make representations about the energy 

use of its adaptive control anti-sweat 

heater refrigerator-freezer products for 

compliance, marketing, or other 

purposes only to the extent that such 

products have been tested in accordance 

with the provisions outlined above and 

such representations fairly disclose the 

results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

(7) Grant of this waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR 430.62. 

Issued in Washington, DC, on March 30, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–8142 Filed 4–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–030] 

Energy Conservation Program for 

Certain Industrial Equipment: 

Publication of the Petition for Waiver 

From Mitsubishi Electric and 

Electronics USA, Inc. and Granting of 

the Interim Waiver From the 

Department of Energy Commercial 

Package Air Conditioner and Heat 

Pump Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

granting of application for interim 

waiver, and request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

from Mitsubishi Electric and Electronics 

USA, Inc. (Mitsubishi). The petition for 

waiver (hereafter ‘‘petition’’) requests a 

waiver from the U.S. Department of 

Energy (DOE) test procedure applicable 

to commercial package air-source 

central air conditioners and heat pumps. 

The petition is specific to additional 

indoor units of the Mitsubishi variable 

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