Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices 32175 

• Connected actions: Potential 

development of support facilities or 

supporting infrastructure; 

• Cumulative effects that result from 

the incremental impacts of the proposed 

project when added to other past, 

present, and reasonably foreseeable 

future projects; 

• Compliance with regulatory and 

environmental permitting requirements; 

and 

• Environmental monitoring plans 

associated with the carbon capture 

facility and CO2 sequestration activities. 

Public Scoping Process 

This Notice of Intent initiates the 

scoping process under NEPA, which 

will guide the development of the Draft 

EIS. To ensure identification of issues 

related to DOE’s Proposed Action and 

AEP’s Proposed Project, DOE seeks 

public input to define the scope of the 

EIS. The public scoping period will end 

30 days after publication of this NOI in 

the Federal Register. Interested 

government agencies, private-sector 

organizations and individuals are 

encouraged to submit comments or 

suggestions concerning the content of 

the EIS, issues and impacts that should 

be addressed, and alternatives that 

should be considered. Scoping 

comments should clearly describe 

specific issues or topics that the EIS 

should address. Written, e-mailed, or 

faxed comments should be received by 

Friday, July 9, 2010 (see ADDRESSES). 

DOE will conduct a public scoping 

meeting at the New Haven Elementary 

School at 138 Mill Street in New Haven, 

West Virginia, on Tuesday, June 22, 

2010. Oral comments will be heard 

during the formal portion of the scoping 

meeting beginning at 7 p.m. The public 

is also invited to learn more about the 

project at an informal session at this 

location beginning at 5 p.m. DOE 

requests that anyone who wishes to 

speak at this public scoping meeting 

should contact Mr. Mark Lusk, either by 

phone, e-mail, fax, or postal mail (see 

ADDRESSES). 

Those who do not arrange in advance 

to speak may register at the meeting 

(preferably at the beginning of the 

meeting) and may be given an 

opportunity to speak after previously 

scheduled speakers. Speakers will be 

given approximately five minutes to 

present their comments. Those speakers 

who want more than five minutes 

should indicate the length of time 

desired in their request. Depending on 

the number of speakers, DOE may need 

to limit all speakers to five minutes 

initially and provide second 

opportunities as time permits. 

Individuals may also provide written 

materials in lieu of, or supplemental to, 

their presentations. Oral and written 

comments will be given equal 

consideration. 

DOE will begin the formal meeting 

with an overview of AEP’s proposed 

project. The meeting will not be 

conducted as an evidentiary hearing, 

and speakers will not be crossexamined. However, speakers may be 

asked questions to help ensure that DOE 

fully understands the comments or 

suggestions. A presiding officer will 

establish the order of speakers and 

provide any additional procedures 

necessary to conduct the meeting. A 

stenographer will record the 

proceedings, including all oral 

comments received. 

Issued in Washington, DC, this 2nd day of 

June 2010. 

James J. Markowsky, 

Assistant Secretary, Office of Fossil Energy. 

[FR Doc. 2010–13568 Filed 6–4–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–013] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Haier 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. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–013) 

that grants to Haier Group and Haier 

America Trading, L.L.C. (Haier) 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, Haier shall be 

required to test and rate its refrigeratorfreezers with adaptive control antisweat heaters using an alternate test 

procedure that takes this technology 

into account when measuring energy 

consumption. 

DATES: This Decision and Order is 

effective June 7, 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: 

Michael.Raymond@ee.doe.gov. 

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.govmailto:. 

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 Haier 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 Haier 

tests and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

Haier 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 May 27, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Haier Group and 

Haier America Trading, L.L.C. (Case No. 

RF–013). 

Background 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency, including Part A, which 

provides for the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles.’’ 42 U.S.C. 6291– 

6309. Part A of Title III includes 

definitions, test procedures, labeling 

provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, EPCA 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

that measure energy efficiency, energy 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

32176 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices 

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 

electric refrigerator and refrigeratorfreezer products covered under part A of 

Title III. 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 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 January 11, 2010, Haier filed a 

petition for waiver from the test 

procedures applicable to residential 

refrigerators and refrigerator-freezers. 

Haier’s petition was published in the 

Federal Register on March 11, 2010. 75 

FR 11522. In that notice, DOE 

announced its grant of an interim 

waiver to Haier. The Haier petition 

pertains to new refrigerators and 

refrigerator-freezers that contain 

variable anti-sweat heater controls. 

These controls detect a broad range of 

temperature and humidity conditions 

and respond by activating adaptive 

heaters, as needed, to evaporate excess 

moisture. Haier’s technology is similar 

to that used by General Electric 

Company (GE), Whirlpool Corporation 

(Whirlpool), Electrolux, and Samsung 

Electronics America, Inc. (Samsung). 

The GE, Whirlpool, Electrolux, and 

Samsung waivers were granted February 

27, 2008 (73 FR 10425), May 5, 2009 (74 

FR 20695), December 15, 2009 (74 FR 

66338), and March 18, 2010 (75 FR 

13122), respectively. 

Assertions and Determinations 

Haier’s Petition for Waiver 

In its January 2010 petition, Haier 

sought a waiver from the existing DOE 

test procedure applicable to refrigerators 

and refrigerator-freezers under 10 CFR 

part 430 because the test procedure 

takes neither ambient humidity nor 

adaptive technology into account. DOE 

did not receive any comments on the 

Haier petition. Haier requested that it be 

permitted to use the same alternate test 

procedure DOE prescribed for GE, 

Whirlpool and other refrigerators and 

refrigerator-freezers equipped with a 

similar technology. The alternate test 

procedure applicable to the GE, 

Whirlpool, Samsung and Electrolux 

products 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. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Haier petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to Haier. 

Conclusion 

After careful consideration of all the 

material that was submitted by Haier 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petition for waiver submitted 

by Haier Group and Haier America 

Trading, L.L.C. (Case No. RF–013) is 

hereby granted as set forth in the 

paragraphs below. 

(2) Haier shall not be required to test 

or rate the following Haier models 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: 

RBFS21SIBP RBFS21SIBE RBFS21SIBS RBFS21TIBP RBFS21TIBE 

RBFS21TIBS RBFS21EDBP RBFS21EDBE RBFS21EDBS HB21QC10NP 

HB21QC10NE HB21QC10NS HB21QC40NP HB21QC40NE HB21QC40NS 

HB21QC70NP HB21QC70NE HB21QC70NS HB21FC10NP HB21FC10NE 

HB21FC10NS HB21FC40NP HB21FC40NE HB21FC40NS HB21FC70NP 

HB21FC70NE HB21FC70NS HB25QC10NP HB25QC10NE HB25QC10NS 

HB25QC40NP HB25QC40NE HB25QC40NS HB25QC70NP HB25QC70NE 

HB25QC70NS HB25FC10NP HB25FC10NE HB25FC10NS HB25FC40NP 

HB25FC40NE HB25FC40NS HB25FC70NP HB25FC70NE HB25FC70NS 

H21BFC45 

(3) Haier 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 Haier 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 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices 32177 

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 kilowatthours 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 = 0.015 

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 

(4) Representations. Haier 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 May 27, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–13539 Filed 6–4–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Docket Number EERE–BT–PET–0024] 

Energy Efficiency Program for 

Consumer Products: Commonwealth 

of Massachusetts Petition for 

Exemption From Federal Preemption 

of Massachusetts’ Energy Efficiency 

Standard for Residential NonWeatherized Gas Furnaces 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of comments received on 

Petition for Exemption. 

SUMMARY: This notice announces the 

availability of materials related to a 

petition filed by the Commonwealth of 

Massachusetts seeking an exemption 

from Federal preemption of certain 

energy efficiency standards. It also 

provides an opportunity for rebuttal to 

those comments that have already been 

received by the Department of Energy 

(DOE) in response to this petition. 

DATES: DOE will accept rebuttal 

statements, from the Commonwealth of 

Massachusetts until, but no later than, 

July 7, 2010. 

ADDRESSES: The January 28, 2010 

Federal Register notice (75 FR 4548) is 

available for review on the Internet at: 

http://www.eere.energy.gov/buildings/

appliance_standards/pdfs/ma_

exemption_012810.pdf. A document entitled ‘‘Massachusetts 

Petition for Exemption from 

Preemption’’ is available for review on 

the Internet at: http://www.eere.energy.

gov/buildings/appliance_standards/

pdfs/ma_state_petition.pdf. 

Comments received are available for 

review on the Internet at: http://www.

eere.energy.gov/buildings/appliance_

standards/state_petitions.html. 

Comments may also be obtained from 

Ms. Brenda Edwards-Jones, U.S. 

Department of Energy, Building 

Technologies Program, EE–2J, Room 1J– 

018, 1000 Independence Avenue, SW., 

Washington, DC 20585–0121, or by 

telephone (202) 586–2945. 

Please submit comments, identified 

by docket number EERE–BT–PET–0024 

by any of the following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. E-mail: MAExemptPetition@ee.

doe.gov. Include either the docket 

number EERE–BT–PET–0024, and/or 

‘‘Massachusetts Petition’’ in the subject 

line of the message. 

3. Mail: Ms. Brenda Edwards-Jones, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Room 1J–018, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. Please submit one signed original 

paper copy. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards-Jones, U.S. Department of 

Energy, Building Technologies Program, 

Room 1J–018, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. 

5. Instructions: All submissions 

received must include the agency name 

and docket number for this proceeding. 

For detailed instructions on submitting 

comments and additional information 

on the proceeding, see section 2 above 

of this document. 

Docket: For access to the docket to 

read the background documents 

relevant to this matter, go to the U.S. 

Department of Energy, Forrestal 

Building, Room 1J–018 (Resource Room 

of the Building Technologies Program), 

1000 Independence Avenue, SW., 

Washington, DC, (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Available documents include the 

following items: The Massachusetts 

Petition; correspondence from 

Massachusetts, correspondence from 

DOE, and any comments received. 

Please call Ms. Brenda Edwards-Jones at 

the above telephone number for 

additional information regarding 

visiting the Resource Room. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES