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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices 22587 

soliciting comments with respect to the 

GE petition. 

DATES: DOE will accept comments, data, 

and information with respect to the GE 

petition until, but no later than June 1, 

2010. 

ADDRESSES: You may submit comments, 

identified by case number RF–015, 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 either the case number [Case 

No. RF–015], and/or ‘‘GE Petition’’ 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. 

Instructions: 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). 

Any person submitting written 

comments must also send a copy of 

such comments to the petitioner, 

pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR) 430.27(d). 

The contact information for the 

petitioner is: Earl F. Jones, Senior 

Counsel, GE Consumer & Industrial, 

Appliance Park 2–225, Louisville, KY 

40225. E-mail: earl.f.jones@ge.com. 

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. 

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 (4) prior DOE 

rulemakings regarding similar central 

air conditioning and heat pump 

equipment. 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. Betsy Kohl, 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) 586–7796. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 19, 2006, GE filed a 

petition for waiver from the test 

procedure applicable to residential 

electric refrigerators and refrigeratorfreezers set forth in Title 10 of the Code 

of Federal Regulations (10 CFR) part 

430, subpart B, appendix A1. The 

products covered by the petition employ 

adaptive anti-sweat heaters, which 

detect and respond to temperature and 

humidity conditions, and then activate 

adaptive heaters as needed to evaporate 

excess moisture. GE’s petition was 

published in the Federal Register on 

April 17, 2007. 72 FR 19189. DOE 

granted the GE petition in a decision & 

order published on February 27, 2008. 

73 FR 10425. 

II. Petition for Waiver of Test Procedure 

On February 16, 2010, GE informed 

DOE that it has developed additional 

basic models with adaptive anti-sweat 

heater technology. GE asserted that 

these new products function and 

operate the same way as the basic 

models listed in GE’s December 2006 

petition for waiver with respect to the 

properties that made those products 

eligible for a waiver. GE requested that 

DOE grant a new waiver for these 

additional basic models. The following 

additional products are covered by the 

February 2010 waiver request: 

All models with the letters 

CFCP1NIY****, CFCP1NIZ , 

CFCP1ZIY** **, PFCF1NFY , 

PFCF1NFZ** **, PFCF1PJY , 

PFCF1PJZ** **, PFCS1NFY , 

PFCS1NFZ** **, PFCS1PJY , 

PFCS1PJZ** **, PFQS5PJY , 

PFSF5NFY** **, PFSF5NFZ , 

PFSF5PJY** **, PFSF5PJZ , 

PFSS5NFY** **, PFSS5NFZ , 

PFSS5PJY** **, PFSS5PJZ , 

PGCS1NFY** **, PGCS1NFZ , 

PGCS1PJY** **, PGCS1PJZ , 

PGSS5NFY** **, PGSS5NFZ , 

PGSS5PJY** **, PGSS5PJZ , 

ZFGB21HY** **, ZFGB21HZ , 

ZFGP21HY** **, ZFGP21HZ . (The 

asterisks, or wild cards, denote color or 

other features that do not affect energy 

performance.) 

DOE notes that GE’s February 2010 

petition for waiver also includes an 

alternate test procedure for testing 

products equipped with adaptive antisweat heaters. The alternate test 

procedure submitted in the February 

2010 petition is identical to the one 

contained in GE’s December 2006 

petition. 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of GE’s petition for 

waiver from certain parts of the test 

procedure that apply to basic models of 

refrigerators and refrigerator-freezers 

with variable anti-sweat heater controls 

and adaptive heaters manufactured by 

GE. DOE is publishing GE’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 GE’s specified 

refrigerators and refrigerator-freezers 

with adaptive anti-sweat heaters. DOE is 

interested in receiving 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, whose contact information is 

included in the ADDRESSES section 

above. 

Issued in Washington, DC, on April 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

mstockstill on DSKH9S0YB1PROD with NOTICES

22588 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Notices 

1FR Vol. 73 10425 et seq. 

2FR Vol. 73 39684 et seq. (July 10, 2008). 

3FR Vol. 74 66344 et seq. (December 15, 2009). 

4FR Vol. 74 66340 et seq. (December 15, 2009). 

5The new models are all models with the letters 

CFCP1NIY** **, CFCP1NIZ , CFCP1ZIY** **, 

PFCF1NFY , PFCF1NFZ** **, PFCF1PJY , 

PFCF1PJZ** **, PFCS1NFY , PFCS1NFZ** **, 

PFCS1PJY , PFCS1PJZ** **, PFQS5PJY , 

PFSF5NFY** **, PFSF5NFZ , PFSF5PJY** **, 

PFSF5PJZ , PFSS5NFY** **, PFSS5NFZ , 

PFSS5PJY** **, PFSS5PJZ , PGCS1NFY** **, 

PGCS1NFZ , PGCS1PJY** **, PGCS1PJZ , 

PGSS5NFY** **, PGSS5NFZ , PGSS5PJY** **, 

PGSS5PJZ , ZFGB21HY** **, ZFGB21HZ , 

ZFGP21HY** **, ZFGP21HZ****. The asterisks, or 

wild cards, denote color or other features that do 

not affect energy performance. 

February 16, 2010 

Catherine R. Zoi, Assistant Secretary, 

Energy Efficiency & Renewable 

Energy, Department of Energy, 1000 

Independence Ave., SW., Route 

Symbol: EE–1, Wash. DC 20585 

Re: Case No. RF–007 

Dear Ms. Assistant Secretary: 

GE Consumer & Industrial, is an 

operating division of General Electric 

Co., (‘‘GE’’) is a leading manufacturer 

and marketer of household appliances, 

including, as relevant to this 

proceeding, refrigerators. In December 

2006, GE filed a Petition for Waiver 

(‘‘Petition’’), which requested the thenAssistant Secretary grant it a waiver 

from certain parts of the test procedure 

promulgated by the U.S. Department of 

Energy (‘‘DOE’’ or ‘‘the Department’’) for 

determining refrigerator-freezer energy 

consumption for its new models of 

refrigerator-freezers. These innovative 

models were designed with adaptive 

anti-sweat heaters, i.e., anti-sweat 

heaters that respond to humidity 

conditions found in consumers’ homes. 

Depending on ambient humidity 

conditions, the anti-sweat heaters would 

be turned on or off to prevent the 

accumulation of moisture inside the 

unit and on the outside of the case. And, 

because of their ability to sense 

humidity conditions, energy used to 

turn the anti-sweat heaters on can be 

better controlled. 

As pointed out in GE’s petition, the 

test conditions specified by DOE’s test 

procedure neither define required 

humidity conditions nor otherwise take 

ambient humidity conditions into 

account in calculating energy 

consumption, the adaptive feature of 

GE’s new model cannot be tested. 

The Petition also pointed out that, if 

GE had tested its new smart-technology 

refrigerator per the test procedure the 

results would not have accurately 

measured the energy used by the new 

models. 

The Assistant Secretary granted GE’s 

waiver petition on February 27, 2008.1

Thereafter, Whirlpool Corp. filed and 

was granted its waiver petition, 2 as was 

Electrolux 3 and Samsung.4

GE files this request for the sole 

purpose of asking that the relief granted 

in 2008 be extended to GE’s new models 

of refrigerator-freezers.5 If this request 

must be treated as a new waiver petition 

pursuant to 10 C.F.R. § 430.27, then 

please accept it as such. If, however, 

this request can be treated as a request 

to amend the 2008 decision to cover the 

new models, then please accept it as 

such. 

GE incorporates herein the original 

humidity sensor waiver petition and has 

attached the petition hereto as Exhibit 1. 

Attached as Exhibit 2 is the 

Department’s decision granting that 

petition. 

We believe that granting our request 

will be another step in the Department’s 

support of advanced technologies, 

technologies that promote innovation 

and strengthen consumer confidence in 

the reliability of the Department’s test 

procedures 

A favorable and speedy ruling on this 

matter is necessary as the new models 

are in development and scheduled for 

sale in the second quarter of 2010. GE 

will be injured in the market if approval 

is delayed. Hardship to GE would result 

if the benefits of the investment in 

developing the new models is delayed. 

Respectfully submitted, 

lllllllllllllllllll

Earl F. Jones 

Senior Counsel 

GE Consumer & Industrial 

Appliance Park 2–225 

Louisville, KY 40225 

earl.f.jones@ge.com 

502–452–3164 (voice) 

502–452–0395 (fax) 

Affected Persons 

Primary affected persons in the 

refrigerator-freezer category include 

BSH Home Appliances Corp. (BoschSiemens Hausgerate GmbH), Electrolux 

Home Products, Equator, Fisher & 

Paykel Appliances, Inc., Gorenje USA, 

Haier America Trading, L.L.C., 

Heartland Appliances, Inc., Kelon 

Electrical Holdings Col, Ltd., Liebherr 

Hausgerate, LG Electronics USA INC., 

Northland Corporation, Samsung 

Electronics America, Inc., Sanyo Fisher 

Company, Sears, Sub-Zero Freezer 

Company, U–Line, Viking Range, and 

Whirlpool Corporation. The Association 

of Home Appliance Manufacturers is 

also generally interested in energy 

efficiency requirements for appliances. 

Consumers’ Union, ACEEE, NRDC and 

Alliance to Save Energy are not 

manufacturers but have an interest in 

this matter. GE will notify all these 

organizations as required by the 

Department’s rules and provide them 

with a non-confidential version of this 

Petition. 

[FR Doc. 2010–9969 Filed 4–28–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EL10–51–000] 

Grassland Renewables Energy LLC; 

Notice of Petition for Declaratory Order 

March 30, 2010. 

Take notice that on March 29, 2010, 

pursuant to Rule 207 of the Federal 

Energy Regulatory Commission’s 

(Commission) Rules of Practice and 

Procedure, Grassland Renewables 

Energy LLC filed an application for 

Petition for Declaratory Order, 

requesting the Commission to rule on 

whether the Petitioner’s proposal to 

construct the Wind Spirit Project 

Collector System (WSP Collector 

System) as a participant funded 

transmission facility with priority 

transmission service rights assigned to 

WSP Poolco and other entities that agree 

to pay for the entire cost of the WSP 

Collector System by contracting for such 

service at cost-based rates in advance of 

construction, satisfies the Commission’s 

open access transmission requirements, 

as the Commission ruled on a 

participant funded transmission 

facilities in Orders, Northeast Utilities 

Service Co. and NSTAR Electric Co., 127 

FERC ¶ 61,179 (May 22, Order), and 

reh’g denied, 129 FERC ¶ 61,279 

(December 29, Order) (2009). 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

comment date. On or before the 

comment date, it is not necessary to 

serve motions to intervene or protests 

on persons other than the Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

mstockstill on DSKH9S0YB1PROD with NOTICES