22584 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices 

• Compatible Indoor Units For Above 

Listed Outdoor Units: 

Æ FXAQ Series wall mounted indoor 

units with nominally rated capacities of 

7,000, 9,000, 12,000, 18,000 and 24,000 

Btu/hr. 

Æ FXLQ Series floor mounted indoor 

units with nominally rated capacities of 

12,000, 18,000 and 24,000 Btu/hr. 

Æ FXNQ Series concealed floor 

mounted indoor units with nominally 

rated capacities of 12,000, 18,000 and 

24,000 Btu/hr. 

Æ FXDQ Series low static ducted 

indoor units with nominally rated 

capacities of 7,000, 9,000, 12,000, 

18,000 and 24,000 Btu/hr. 

Æ FXSQ Series medium static ducted 

indoor units with nominally rated 

capacities of 7,000, 9,000, 12,000, 

18,000, 24,000, 30,000, 36,000 and 

48,000 Btu/hr. 

Æ FXMQ–M Series high static ducted 

indoor units with nominally rated 

capacities of 30,000, 36,000, 48,000, 

72,000 and 96,000 Btu/hr. 

Æ FXMQ–P Series high static ducted 

indoor units with nominally rated 

capacities of 7,000, 9,000, 12,000, 

18,000, 24,000, 30,000, 36,000 and 

48,000 Btu/hr. 

Æ FXMQ–MF Series Outdoor Air 

Processing indoor units with nominally 

rated capacities of 48,000, 72,000 and 

96,000 Btu/hr. 

Æ FXTQ–P Series Vertical Air 

Handler indoor units with nominally 

rated capacities of 12,000, 18,000, 

24,000, 30,000, 36,000, 42,000, 48,000 

and 54,000 Btu/hr. 

Æ FXZQ Series recessed cassette 

indoor units with nominally rated 

capacities of 7,000, 9,000, 12,000, 

18,000 and 24,000 Btu/hr. 

Æ FXFQ Series recessed cassette 

indoor units with nominally rated 

capacities of 12,000, 18,000, 24,000, 

30,000 and 36,000 Btu/hr. 

Æ FXHQ Series ceiling suspended 

indoor units with nominally rated 

capacities of 12,000, 24,000 and 36,000 

Btu/hr. 

(3) Alternate test procedure. 

(A) Daikin is required to test the 

products listed in paragraph (2) above 

according to the test procedure for 

central air conditioners and heat pumps 

prescribed by DOE at 10 CFR part 431 

(ISO Standard 13256–1 (1998) 

(incorporated by reference in 10 CFR 

431.95(b)(3)), except that Daikin shall 

test a tested combination selected in 

accordance with the provisions of 

subparagraph (3)(B). For every other 

system combination using the same 

outdoor unit as the tested combination, 

Daikin shall make representations 

concerning the VRV–WIII products 

covered in this waiver according to the 

provisions of subparagraph (C) below. 

(B) Tested combination. The term 

tested combination means a sample 

basic model comprised of units that are 

production units, or are representative 

of production units, of the basic model 

being tested. For the purposes of this 

waiver, the tested combination shall 

have the following features: 

(i) The basic model of a variable 

refrigerant flow system used as a tested 

combination shall consist of an outdoor 

unit that is matched with between two 

and five indoor units. For multi-split 

systems, each of these indoor units shall 

be designed for individual operation. 

(ii) The indoor units shall: 

(a) Represent the highest sales model 

family, or another indoor model family 

if the highest sales model family does 

not provide sufficient capacity (see b); 

(b) Together, have a nominal cooling 

capacity that is between 95 percent and 

105 percent of the nominal cooling 

capacity of the outdoor unit; 

(c) Not, individually, have a nominal 

cooling capacity greater than 50 percent 

of the nominal cooling capacity of the 

outdoor unit; 

(d) Operate at fan speeds that are 

consistent with the manufacturer’s 

specifications; and 

(e) Be subject to the same minimum 

external static pressure requirement. 

(C) Representations. In making 

representations about the energy 

efficiency of its VRV–WIII multi-split 

products, for compliance, marketing, or 

other purposes, Daikin must fairly 

disclose the results of testing under the 

DOE test procedure in a manner 

consistent with the provisions outlined 

below: 

(i) For VRV–WIII multi-split 

combinations tested in accordance with 

this alternate test procedure, Daikin may 

make representations based on these test 

results. 

(ii) For VRV–WIII multi-split 

combinations that are not tested, Daikin 

may make representations based on the 

testing results for the tested 

combination and that are consistent 

with either of the two following 

methods: 

(a) Representation of non-tested 

combinations according to an 

alternative rating method approved by 

DOE; or 

(b) Representation of non-tested 

combinations at the same energy 

efficiency level as the tested 

combination with the same outdoor 

unit. 

(4) This waiver shall remain in effect 

from the date this order is issued, 

consistent with the provisions of 10 CFR 

431.401(g). 

(5) 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 the 

waiver at any time if it determines that 

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 April 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–9972 Filed 4–28–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–012] 

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. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–012) 

that grants to Electrolux Home Products, 

Inc. (Electrolux) a waiver from the DOE 

electric refrigerator and refrigeratorfreezer 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 April 29, 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 the General Counsel, Mail Stop GC– 

71, 1000 Independence Avenue, SW., 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices 22585 

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 refrigeratorfreezer 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 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 April 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Electrolux Home 

Products, Inc. (Case No. RF–012). 

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. 

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. Id. § 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. § 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. 

§ 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. § 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. § 430.27(g). 

On November 6, 2008, Electrolux filed 

a petition for waiver from the test 

procedures applicable to residential 

refrigerators and refrigerator-freezers. 

Electrolux’s petition was published in 

the Federal Register on June 4, 2009. 74 

FR 26853. In that notice, DOE 

announced its grant of an interim 

waiver to Electrolux, and expanded that 

waiver to include four additional 

models after receiving supplemental 

information from the company. On July 

13, 2009, Electrolux filed a petition for 

waiver for additional, similar models of 

residential refrigerators and refrigeratorfreezers. Electrolux’s petition was 

published in the Federal Register on 

December 15, 2009. Id. at 66344. In the 

same Federal Register notice, DOE 

extended the June 4, 2009, interim 

waiver to these additional models. 

On December 4, 2009, Electrolux filed 

a third 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. All three 

Electrolux petitions pertain 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. According to 

the petitioner, Electrolux’s technology is 

similar to that used by General Electric 

Company (GE) and Whirlpool 

Corporation (Whirlpool) for refrigeratorfreezers 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). 

DOE granted the first two Electrolux 

waivers on December 15, 2009 (74 FR 

66338), and March 11, 2010 (75 FR 

11530). 

Assertions and Determinations 

Electrolux’s Petition for Waiver 

In its December 2009 petition, 

Electrolux sought a waiver from the 

existing DOE test procedure applicable 

to refrigerators and refrigerator-freezers 

under 10 CFR part 430 because it takes 

neither ambient humidity nor adaptive 

technology into account. Electrolux 

sought similar waivers in its July and 

November 2009 petitions, which were 

granted. Electrolux asserts these new 

products are identical in function and 

operation to the basic models listed in 

Electrolux’s earlier petitions with 

respect to the properties that made those 

products eligible for a waiver. 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, Whirlpool and 

Electrolux refrigerators and refrigeratorfreezers equipped with a similar 

technology. The alternate test procedure 

applicable to the GE, Whirlpool and 

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. 

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22586 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices 

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–012) 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. Instead, it 

shall be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3) 

below: 

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

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

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

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

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

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

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

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

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

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

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

(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 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 = 0.015 

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. 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 April 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, 

Energy Efficiency and Renewable Energy. 

[FR Doc. 2010–9973 Filed 4–28–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–015] 

Energy Conservation Program for 

Consumer Products: Notice of Petition 

for Waiver of General Electric 

Company (GE) 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 and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes the GE petition for 

waiver (hereafter, ‘‘petition’’) from parts 

of the U.S. Department of Energy (DOE) 

test procedure for determining the 

energy consumption of electric 

refrigerators and refrigerator-freezers. 

Through this document, DOE is 

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