76962 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 

Deletions 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in additional reporting, 

recordkeeping or other compliance 

requirements for small entities. 

2. If approved, the action may result 

in authorizing small entities to provide 

the services to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the services proposed 

for deletion from the Procurement List. 

End of Certification 

The following services are proposed 

for deletion from the Procurement List: 

Services 

Service Type/Location: Audio/Visual 

Duplication Service. Federal Emergency 

Management Agency: National 

Emergency Training Center, 16825 South 

Seton Avenue, Emmitsburg, MD. 

NPA: ForSight Vision, York, PA 

Contracting Activity: Federal Emergency 

Management Agency, NETC Acquisition 

Section, Washington, DC. 

Service Type/Location: Custodial Service. 

Mauna Loa Observatory: Hilo Office, 

1437 Kilauea Ave., #102, Hilo, HI. 

NPA: The ARC of Hilo, Hilo, HI. 

Contracting Activity: Department of 

Commerce, Washington, DC. 

Barry S. Lineback, 

Director, Business Operations. 

[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. 

AGENCY: Office of Electricity Delivery 

and Energy Reliability, DOE. 

ACTION: Notice of Application. 

SUMMARY: 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 

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 

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 http:// 

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 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 76963 

1For editorial reasons, upon codification in the 

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

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: http:// 

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. 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 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

76964 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 

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 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 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 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 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. 

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: 

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 

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 

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 refrigeratormstockstill on DSKH9S0YB1PROD with NOTICES

76966 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 

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). 

6 10 CFR § 430.27(l). 

7 10 CFR Part 430, Subpart B, App. A1. 

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). 

9Publication 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). 

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 

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 

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 

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Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 76967 

10 10 CFR 430.27(g). 

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 × 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) 

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 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

76968 Federal Register / Vol. 75, No. 237 / Friday, December 10, 2010 / Notices 

11See supra notes 2–3. 

1For editorial reasons, upon codification in the 

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

Department.11 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. (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 

[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 

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. 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. 

DATES: This Decision and Order is 

effective December 10, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611, E-mail: 

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. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants GE a 

waiver from the applicable 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). 

Issued in Washington, DC, on December 3, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

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). 

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