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[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Notices]               
[Page 11530-11532]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr10-44]                         

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DEPARTMENT OF ENERGY

Energy Efficiency and Renewable Energy

[Case No. RF-010]

 
Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Electrolux Home Products, Inc. From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-010) that grants to Electrolux Home 
Products, Inc. (Electrolux) a waiver from the DOE electric refrigerator 
and refrigerator-freezer test procedure for certain basic models 
containing relative humidity sensors and adaptive control anti-sweat 
heaters. Under today's decision and order, Electrolux shall be required 
to test and rate its refrigerator-freezers with 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 March 11, 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: AS_Waiver_Requests@ee.doe.gov. Betsy Kohl, 
U.S. Department of Energy, Office of General Counsel, Mail Stop GC-71, 
1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-
9507; E-mail: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) 430.27(l), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Electrolux a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures in 10 CFR Part 
430 subpart B, appendix A1 for certain basic models of refrigerator-
freezers with relative humidity sensors and adaptive control anti-sweat 
heaters, provided that 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 such product has been tested 
consistent with the provisions and restrictions in the alternate test 
procedure set forth in the decision and order below, and such 
representation fairly discloses the results of such testing. 
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 4, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Electrolux Home Products, Inc. (Case No. RF-010).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part A of 
Title III provides for the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309)

[[Page 11531]]

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 that measure energy efficiency, energy use, 
or estimated operating costs, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3))
    Today's notice involves residential products under Part A. The test 
procedure for residential electric refrigerator-freezers relevant to 
the current petition for waiver is contained in 10 CFR part 430, 
subpart B, appendix A1.
    DOE's regulations contain provisions allowing a person to seek a 
waiver from the test procedure requirements for covered consumer 
products when (1) the petitioner's basic model contains one or more 
design characteristics that prevent testing according to the prescribed 
test procedure, or (2) when prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption characteristics as to provide materially inaccurate 
comparative data. 10 CFR 430.27(a)(1). Petitioners must include in 
their petition any alternate test procedures known to the petitioner to 
evaluate the basic model in a manner representative of its energy 
consumption characteristics. 10 CFR 430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to file an application for interim 
waiver of the applicable test procedure requirements. 10 CFR 
430.27(a)(2). The Assistant Secretary will grant an interim waiver 
request if it is determined that the applicant will experience economic 
hardship if the interim waiver is denied, if it appears likely that the 
petition for waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(g).
    On November 5, 2008, Electrolux filed a petition for waiver from 
the test procedures applicable to its product line of refrigerator-
freezers with relative humidity sensors and adaptive control anti-sweat 
heaters. The applicable test procedures are contained in 10 CFR part 
430, subpart B, appendix A1-Uniform Test Method for Measuring the 
Energy Consumption of Electric Refrigerators and Electric Refrigerator-
Freezers. Because the existing test procedure under 10 CFR part 430 
takes neither ambient humidity nor adaptive technology into account, it 
does not accurately measure the energy consumption of Electrolux's new 
refrigerator-freezers that feature humidity sensors and adaptive 
control anti-sweat heaters. Consequently, Electrolux has submitted an 
alternate test to DOE for approval to ensure that it is correctly 
calculating the energy consumption of this new product line. On June 4, 
2009, DOE granted Electrolux an interim waiver and published 
Electrolux's petition for waiver. 74 FR 26853. DOE did not receive any 
comments on the Electrolux petition. DOE granted the Electrolux waiver 
on December 15, 2009. 74 FR 66338.

Assertions and Determinations

Electrolux's Petition for Waiver

    On July 13, 2009, Electrolux informed DOE that after it filed its 
petition for waiver in November 2008 it developed additional basic 
models with adaptive anti-sweat heater technology. Electrolux asserted 
that these new products are identical in function and operation to the 
basic models listed in Electrolux's November 2008 petition with respect 
to the properties that made those products eligible for a waiver. 
Therefore, Electrolux requested that DOE add these models to the list 
of basic models for which the interim waiver was granted. In addition, 
Electrolux requested that DOE grant a new waiver for these additional 
basic models. Electrolux' July 13 petition was published in the Federal 
Register on December 15, 2009. 74 FR 66344. The December 15 Federal 
Register notice also modified the interim waiver by extending it to 
additional basic models. DOE did not receive any comments on the 
Electrolux petition.
    Electrolux requested it be permitted to use the same alternate test 
procedure DOE prescribed for GE and Whirlpool refrigerators and 
refrigerator-freezers equipped with a similar technology. The alternate 
test procedure applicable to the GE and Whirlpool (and now Electrolux) 
products simulates the energy used by the adaptive heaters in a typical 
consumer household, as explained in the GE decision and order 
referenced above. As DOE has stated in the past, it is in the public 
interest to have similar products tested and rated for energy 
consumption on a comparable basis.

Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Electrolux petition for waiver. The FTC staff did not 
have any objections to granting a waiver to Electrolux.

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 Electrolux Home Products, 
Inc. (Case No. RF-010) is hereby granted as set forth in the paragraphs 
below.
    (2) Electrolux shall not be required to test or rate the following 
Electrolux models on the basis of the current test procedures contained 
in 10 CFR Part 430, subpart B, appendix A1, but shall be required to 
test and rate such products according to the alternate test procedure 
as set forth in paragraph (3) below:

EI28BS36IW             E128BS361B             EI28BS36IS             EI28BS51IW             EI28BS51IB
EI28BS51IS             E123BC361W             E123BC361B             E123BC361S             E123BC511W
E123BC511B             E123BC511S             E23BC581SS             E23BC58JPS             E23BC781SS
E23BC781PS             FGHB2844LP             FGHB2844LE             FGHB2844LM             FGHB2844LF
FGHB2846LM             FGHN2844LP             FGHN2844LE             FGHN2844LM             FGHN2844LF
FGHB2869LP             FGHB2869LE             FGHB2879LF             FGHN2869LP             FGHN2869LE
FGHN2879LF             FPHB2899LF             FPHN2899LF


     (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:

[[Page 11532]]

    (A) The following definition is added at the end of Section 1:
    1.13 Variable anti-sweat heater control means an anti-sweat heater 
where power supplied to the device is determined by an operating 
condition variable(s) and/or ambient condition variable(s).
    (B) Section 2.2 is revised to read as follows:
    2.2 Operational conditions. The electric refrigerator or electric 
refrigerator-freezer shall be installed and its operating conditions 
maintained in accordance with HRF-1-1979, section 7.2 through section 
7.4.3.3. except that the vertical ambient temperature gradient at 
locations 10 inches (25.4 cm) out from the centers of the two sides of 
the unit being tested is to be maintained during the test. Unless 
shields or baffles obstruct the area, the gradient is to be maintained 
from 2 inches (5.1 cm) above the floor or supporting platform to a 
height 1 foot (30.5 cm) above the unit under test. Defrost controls are 
to be operative. The anti-sweat heater switch is to be off during one 
test and on during the second test. In the case of an electric 
refrigerator-freezer equipped with variable anti-sweat heater control, 
the result of the second test will be derived by performing the 
calculation described in 6.2.3. Other exceptions are noted in 2.3, 2.4, 
and 5.1 below.
    (C) New section 6.2.3. is inserted after section 6.2.2.2.
    6.2.3 Variable anti-sweat heater control test. The energy 
consumption of an electric refrigerator-freezer with a variable anti-
sweat heater control in the on position (Eon), expressed in 
kilowatt-hours per day, shall be calculated equivalent to: 
EON = E + (Correction Factor)

Where E is determined by 6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2, 
whichever is appropriate, with the anti-sweat heater switch in the 
off position.

Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hrs/1 day) x (1 kW/1000 W)

Where:

Anti-sweat Heater Power = A1 * (Heater Watts at 5%RH)

+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)

Where A1-A10 are from the following table:

------------------------------------------------------------------------

------------------------------------------------------------------------
A1 = 0.034                           A6 = 0.119
A2 = 0.211                           A7 = 0.069
A3 = 0.204                           A8 = 0.047
A4 = 0.166                           A9 = 0.008
A5 = 0.126                           A10 = 0.015
------------------------------------------------------------------------

    Heater Watts at a specific relative humidity = the nominal watts 
used by all heaters at that specific relative humidity, 72 [deg]F 
ambient, and DOE reference temperatures of fresh food (FF) average 
temperature of 45 [deg]F and freezer (FZ) average temperature of 5 
[deg]F. System-loss Factor = 1.3
    (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.

    Issued in Washington, DC, on March 4, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-5228 Filed 3-10-10; 8:45 am]
BILLING CODE 6450-01-P
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