13120 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 

USA, Daikin AC (Americas), 

Samsung, Fujitsu General America, 

Inc. and SANYO. Details of these 

approvals are provided in Section 3 

of this document. 

• Through the approval of previous 

Petitions for Waiver and 

Applications for Interim Waiver it 

has been demonstrated that testing 

standards such as ARI 340–360 and 

ISO 13256–1 do not adequately 

define uniform methods to test and 

rate the performance the VRF multisplit products. 

• Failure to approve our Petition for 

Waiver and Application for Interim 

Waiver will not only result in 

significant economic hardship but 

SANYO will also suffer a serious 

competitive disadvantage as other 

manufacturers of similar product 

continue to be able to market their 

VRF multi-split products and gain 

market share while SANYO could 

not. 

• A significant portion of SANYO’s 

overall projected sales revenues are 

dependent upon the timely 

introduction of this product line. 

Our intention is to begin 

introducing these new ECOi 

products in February 2010. 

• The approval of this waiver and 

interim waiver is in the best interest 

of our public and government 

initiatives to reduce national energy 

usage. 

It is therefore reasonable for one to 

believe that SANYO’s petition will also 

be granted. 

SECTION 8—CONFIDENTIAL 

INFORMATION 

SANYO makes no request to DOE 

related to this Petition for Waiver from 

Test Procedure or Application for 

Interim Waiver containing confidential 

information. 

SECTION 9—CONCLUSION 

It is clear that without the approval of 

this Petition for Waiver and Application 

for Interim Waiver that SANYO will 

loose our ability to effectively compete 

in the United States VRF market. This 

is a market in which our company has 

proven success with HVAC products for 

more than 25 years and even longer in 

many other countries throughout the 

world. SANYO is pleased to have an 

opportunity to bring this leading edge 

technology to the United States market, 

to not only improve the comfort of 

Americans but also to also reduce the 

amount of energy consumed on building 

cooling and heating. 

SANYO respectfully requests the 

Department of Energy grant our 

Application for Interim Waiver and our 

Petition for Waiver from Test Procedure 

to enable the introduction of our second 

generation advanced ECO-i products to 

the U.S. market. Granting these 

requested waivers will permit us to 

effectively compete in the marketplace. 

Due to our near term introduction of 

our ECO-i product offering we would 

greatly appreciate a timely response to 

this Petition for Waiver from Test 

Procedure and Application for Interim 

Waiver. 

As stated in the introduction of this 

request SANYO would also request that 

any future SANYO ECOi products that 

may be developed also be provided 

waiver from test procedure until an 

accepted test procedure is identified by 

DOE. 

Should you or any parties have 

questions related to this Petition for 

Waiver from Test Procedure and 

Application for Interim Waiver, please 

contact Gary Nettinger at 678–810–0261 

or by email at 

gnettinger@sna.sanyo.com. 

Sincerely, 

Gary Nettinger 

Vice President; Applied Products Group 

SANYO North America, Corp. 

1690 Roberts Blvd., NW 

Suite 110 

Kennesaw, GA 30144 

cc: 

Daikin AC (Americas), Inc. 

1645 Wallace Drive, Suite 110 

Carrollton, TX 75006 

Attn: Akinori Atarashi, President 

Fujitsu General America, Inc. 

353 Route 46 West 

Fairfield, NJ 07004 

Attn: Arturo Thur De Koos, Engineering 

& Technical Support 

LG Electronics USA, Inc. 

1750 K Street NW 

Washington, DC 20006 

Attn: John I. Taylor, Vice President, 

Public Affairs and Communications 

Mitsubishi Electric & Electronics USA, 

Inc. 

4300 Lawrenceville-Suwanee Road 

Suwanee, GA 30024 

Attn: William Rau, Senior Vice 

President and General Manager 

[FR Doc. 2010–5934 Filed 3–17–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–011] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Samsung 

Electronics America, Inc. From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedure (Case No. RF–011) 

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–011) 

that grants to Samsung Electronics 

America, Inc. (Samsung) 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, Samsung shall be 

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

test procedure that takes this technology 

into account when measuring energy 

consumption. 

DATES: This Decision and Order is 

effective March 18, 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– 

7796; 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 Samsung 

a waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedures at 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 

Samsung tests and rates such products 

using the alternate test procedure 

described in this notice. Today’s 


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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 13121 

decision prohibits Samsung 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 10, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Samsung Electronics 

America, Inc. (Case No. RF–011). 

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. (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 September 9, 2009, Samsung 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 Samsung’s new 

refrigerator-freezers that feature 

humidity sensors and adaptive control 

anti-sweat heaters. Consequently, 

Samsung 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 December 15, 2009, DOE granted 

Samsung an interim waiver and 

published Samsung’s petition for 

waiver. 74 FR 66340. DOE did not 

receive any comments on the Samsung 

petition. 

Assertions and Determinations 

Samsung’s Petition for Waiver 

In its petition, Samsung requested 

that it be permitted to use the same 

alternate test procedure DOE prescribed 

for GE and Whirlpool refrigerators and 

refrigerator-freezers that are equipped 

with a similar technology. The alternate 

test procedure applicable to the GE and 

Whirlpool 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 

Samsung petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Samsung. 

Conclusion 

After careful consideration of all the 

material that was submitted by Samsung 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petition for waiver submitted 

by Samsung Electronics America, Inc., 

on September 9, 2009 (Case No. RF– 

011), is hereby granted as set forth in the 

paragraphs below. 

(2) Samsung shall not be required to 

test or rate the following Samsung 

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: 

RB19*AC** 

RB21*AC** 

RF19*AC** 

RF21*AC** 

RF26*AF** 

RFG23*AC** 

RFG29*AC** 

RFM28*AA** 

(3) Samsung 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 

Samsung 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 


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13122 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 

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 from 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 × System-loss Factor) × (24 

hrs/1 day) × (1 kW/1,000 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 °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. Samsung 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 10, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–5935 Filed 3–17–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CD–004] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to the General 

Electric Company From the 

Department of Energy Residential 

Clothes Dryer Test Procedure (Case 

No. CD–004) 

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. CD–004) 

that grants to the General Electric Co. 

(GE) a waiver from the DOE clothes 

dryer test procedure. The waiver request 

pertains to GE’s specified models of 

condensing residential clothes dryer. 

The existing test procedure does not 

apply to condensing clothes dryers. 

Under today’s decision and order, GE 

shall be not be required to test and rate 

its specified models of condensing 

residential clothes dryer. 

DATES: This decision and order is 

effective March 18, 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–72, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 586– 

7796; 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 GE a 

waiver from the applicable residential 

clothes dryer test procedure at 10 CFR 

part 430 subpart B, appendix D, for its 

two models of condensing clothes dryer. 

Issued in Washington, DC, on March 10, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: GE Corporation. 

(Case No. CD–004) 

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. (42 U.S.C. 6293(b)(3)) 

Today’s notice involves residential 

products under Part A. The test 

procedure for residential clothes dryers 

relevant to the current petition for 

waiver is contained in 10 CFR part 430, 

subpart B, appendix D. 

DOE’s regulations contain provisions 

allowing a person to seek a waiver from 

the test procedure requirements for 

covered consumer products if at least 

one of the following conditions is met: 

(1) The petitioner’s basic model 

contains one or more design 

characteristics that prevent testing 

according to the prescribed test 

procedure, or (2) when the prescribed 

test procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 


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