[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Notices]
[Pages 76962-76968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31063]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-017]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Notice of Granting the Application for 
Interim Waiver of Electrolux 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, Notice of Granting Application 
for Interim Waiver, and Request for Public Comments.

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SUMMARY: This notice announces receipt of and publishes the Electrolux 
Home Products, Inc. (Electrolux) petition for waiver (hereafter, 
``petition'') from specified portions of the U.S. Department of Energy 
(DOE) test procedure for determining the energy consumption of electric 
refrigerators and refrigerator-freezers. The waiver request pertains to 
Electrolux's product

[[Page 76963]]

lines that utilize a control logic that changes the wattage of the 
anti-sweat heaters based upon the ambient relative humidity conditions 
to prevent condensation. The existing test procedure does not take 
humidity or adaptive control technology into account. Therefore, 
Electrolux has suggested an alternate test procedure that takes 
adaptive control technology into account when measuring energy 
consumption. DOE solicits comments, data, and information concerning 
Electrolux's petition and the suggested alternate test procedure. DOE 
also publishes notice of the grant of an interim waiver to Electrolux.

DATES: DOE will accept comments, data, and information with respect to 
the Electrolux Petition until, but no later than January 10, 2011.

ADDRESSES: You may submit comments, identified by case number ``RF-
017,'' by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#48091b171f29213e2d3a171a2d393d2d3b3c3b082d2d662c272d662f273e"><span class="__cf_email__" data-cfemail="d9988a868eb8b0afbcab868bbca8acbcaaadaa99bcbcf7bdb6bcf7beb6af">[email protected]</span></a>. Include the case 
number [Case No. RF-017] in the subject line of the message.
    <bullet> 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.
    <bullet> 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.
    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 application for 
interim waiver; and (4) prior DOE rulemakings regarding similar 
refrigerator-freezers. 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: 
<a href="/cdn-cgi/l/email-protection#2a674349424b4f4604784b534745444e6a4f4f044e454f044d455c"><span class="__cf_email__" data-cfemail="fbb69298939a9e97d5a99a829694959fbb9e9ed59f949ed59c948d">[email protected]</span></a>.
    Ms. Jennifer Tiedeman, 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) 287-6111. E-
mail: <a href="/cdn-cgi/l/email-protection#9ed4fbf0f0f7f8fbecb0caf7fbfafbf3fff0def6efb0faf1fbb0f9f1e8"><span class="__cf_email__" data-cfemail="044e616a6a6d6261762a506d61606169656a446c752a606b612a636b72">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(``EPCA''), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), 
established the Energy Conservation Program for ``Consumer Products 
Other Than Automobiles,'' a program covering most major household 
appliances, which includes the refrigerator-freezers that are the focus 
of this notice.\1\ Part B includes definitions, test procedures, 
labeling provisions, energy conservation standards, and the authority 
to require information and reports from manufacturers. Further, Part B 
authorizes the Secretary of Energy to prescribe test procedures that 
are reasonably designed to produce results which measure energy 
efficiency, energy use, or estimated operating costs, and that are not 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure 
for residential refrigerators and refrigerator-freezers is contained in 
10 CFR part 430, subpart B, appendix A1.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    The regulations set forth in 10 CFR 430.27 contain provisions that 
enable a person to seek a waiver from the test procedure requirements 
for covered consumer products. A waiver will be granted by the 
Assistant Secretary for Energy Efficiency and Renewable Energy (the 
Assistant Secretary) if it is determined that the basic model for which 
the petition for waiver was submitted contains one or more design 
characteristics that prevents testing of the basic model according to 
the prescribed test procedures, or if the 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 part 430.27(l). 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. 10 CFR 430.27(b)(1)(iii). The Assistant 
Secretary may grant the 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 the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 430.27(a)(2); 430.27(g). An interim waiver remains in effect for a 
period of 180 days or until DOE issues its determination on the 
petition for waiver, whichever is sooner, and may be extended for an 
additional 180 days, if necessary. 10 CFR 430.27(h).

II. Petition for Waiver of Test Procedure

    On September 15, 2010, Electrolux filed a petition for waiver from 
the test procedure applicable to residential electric refrigerators and 
refrigerator-freezers set forth in 10 CFR Part 430, Subpart B, Appendix 
A1. Electrolux is designing new refrigerator-freezers that contain 
variable anti-sweat heater controls that 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 
refrigerator-freezers 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. 
Electrolux itself filed a petition for waiver from the test procedure 
applicable to residential refrigerator-freezers for its similar models 
in November 2008, which was published in the Federal Register on June 
4, 2009. 74 FR 26853. DOE granted Electrolux's November 2008 petition 
for waiver on December 15, 2009. 74 FR 66338. Subsequently, DOE granted 
similar waivers for additional Electrolux refrigerator-freezers on 
March 11, 2010 (75 FR 11530) and April 29, 2010 (75 FR 22584). Most 
recently, DOE granted similar waivers to Samsung on March 18, 2010 (75 
FR 13120) and August 3, 2010 (75 FR 45623); to Haier on June 7, 2010 
(75 FR 32175); and to LG on August 19, 2010 (75 FR 51264).
    In its September 2010 petition, as in its three earlier petitions, 
Electrolux seeks a waiver from the existing DOE test procedure 
applicable to refrigerators and refrigerator-freezers under 10 CFR part 
430 because the existing test procedure takes neither ambient

[[Page 76964]]

humidity nor adaptive technology into account. Therefore, Electrolux 
states that the test procedure does not accurately measure the energy 
consumption of Electrolux's new refrigerator-freezers that feature 
variable anti-sweat heater controls and adaptive heaters. Consequently, 
Electrolux has submitted to DOE for approval an alternate test 
procedure that would allow it to calculate the energy consumption of 
this new product line correctly. Electrolux's alternate test procedure 
is the same in all relevant particulars as that prescribed for GE, 
Whirlpool, Samsung, Haier, LG and Electrolux itself for refrigerator-
freezers that are equipped with the same type of technology. The 
alternate test procedure applicable to these products simulates the 
energy used by the adaptive heaters in a typical consumer household, as 
explained, for example, in the Decision and Order that DOE published in 
the Federal Register on February 27, 2008 in response to GE's petition 
for waiver described above. 73 FR 10425. DOE believes that it is in the 
public interest to have similar products tested and rated for energy 
consumption on a comparable basis.

III. Application for Interim Waiver

    Electrolux also requests an interim waiver from the existing DOE 
test procedure. Under 10 CFR 430.27(b)(2), each application for interim 
waiver ``shall demonstrate likely success of the Petition for Waiver 
and shall address what economic hardship and/or competitive 
disadvantage is likely to result absent a favorable determination on 
the Application for Interim Waiver.'' An interim waiver may be granted 
if it is determined that the applicant will experience economic 
hardship if the application for 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 of the 
petition for waiver. 10 CFR 430.27(g).
    DOE has determined that Electrolux's application for interim waiver 
does not provide sufficient market, equipment price, shipments and 
other manufacturer impact information to permit DOE to evaluate the 
economic hardship Electrolux might experience absent a favorable 
determination on its application for interim waiver. DOE understands, 
however, that absent an interim waiver, Electrolux's products would not 
otherwise be tested and rated for energy consumption on a comparable 
basis as equivalent GE, LG, Samsung, Haier and Whirlpool products for 
which DOE previously granted waivers, and Electrolux would be required 
to represent a higher energy consumption for essentially the same 
product. Therefore, it appears likely that Electrolux's petition for 
waiver will be granted. Moreover, it is desirable for public policy 
reasons to grant Electrolux immediate relief pending a determination on 
the petition for waiver since it is in the public interest to have 
similar products tested and rated for energy consumption on a 
comparable basis. As stated above, DOE has already granted similar 
waivers because the test procedure does not accurately represent the 
energy consumption of refrigerator-freezers containing relative 
humidity sensors and adaptive control anti-sweat heaters. The rationale 
for granting these waivers is equally applicable to Electrolux, which 
has products containing similar relative humidity sensors and anti-
sweat heaters.
    For the reasons stated above, DOE grants Electrolux's application 
for interim waiver from testing of its refrigerator-freezer product 
line containing relative humidity sensors and adaptive control anti-
sweat heaters. Therefore, it is ordered that:
    The application for interim waiver filed by Electrolux is hereby 
granted for Electrolux's refrigerator-freezer product line containing 
relative humidity sensors and adaptive control anti-sweat heaters, 
subject to the specifications and conditions below.
    1. Electrolux shall not be required to test or rate its 
refrigerator-freezer product line containing relative humidity sensors 
and adaptive control anti-sweat heaters on the basis of the test 
procedure under 10 CFR part 430 subpart B, appendix A1.
    2. Electrolux shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive 
control anti-sweat heaters according to the alternate test procedure as 
set forth in section IV, ``Alternate test procedure.''
    The interim waiver applies to the following basic model groups: 
EI27BS* * * * FGUN26* * * * CFD26* * *

DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
or may not be manufactured by the petitioner. Electrolux may submit a 
new or amended petition for waiver and request for grant of interim 
waiver, as appropriate, for additional models of refrigerator-freezers 
for which it seeks a waiver from the DOE test procedure. In addition, 
DOE notes that grant of an interim waiver or waiver does not release a 
petitioner from the certification requirements set forth at 10 CFR 
430.62.
    Further, this interim waiver is conditioned upon the presumed 
validity of statements, representations, and documents provided by the 
petitioner. DOE may revoke or modify this interim waiver at any time 
upon a determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

IV. Alternate Test Procedure

    Electrolux's new line of refrigerator-freezers contains sensors 
that detect ambient humidity and interact with controls that vary the 
effective wattage of anti-sweat heaters to evaporate excess moisture. 
The existing DOE test procedure cannot be used to calculate the energy 
consumption of these features. The variable anti-sweat heater 
contribution to the refrigerator-freezer's energy consumption is 
entirely dependent on the ambient humidity of the test chamber, which 
the DOE test procedure does not specify. The energy consumption of the 
anti-sweat heaters will be modeled and added to the energy consumption 
measured when the anti-sweat heaters are disabled. The anti-sweat 
contribution to the product's total energy consumption will be 
calculated using the same methodology that was set forth in the GE 
petition. The objective of this approach is to simulate the average 
energy used by the adaptive anti-sweat heaters as activated in 
refrigerator-freezers of typical consumer households across the U.S.
    To determine the conditions in a typical consumer household, GE 
compiled historical data on the monthly average outdoor temperatures 
and humidities for the top 50 metropolitan areas of the U.S. over 
approximately the last 30 years. In light of the similarity of the 
technologies at issue to the aforementioned GE products, Electrolux is 
using the same data compiled by GE for its determination of the anti-
sweat heater energy use. Like GE, LG, Samsung, Haier and Whirlpool, 
Electrolux includes in its test procedure a ``system-loss factor'' to 
calculate system losses attributed to operating anti-sweat heaters, 
controls, and related components.
    For the duration of the interim waiver, Electrolux shall be 
required to test the products listed above according to the test 
procedures for residential electric refrigerator-freezers prescribed

[[Page 76965]]

by DOE at 10 CFR part 430, subpart B, appendix A1, except that, for the 
Electrolux products listed above 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 one 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 or refrigerator-freezer equipped with variable 
anti-sweat heater control, the ``on'' test will be the result of 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 or refrigerator-freezer with a 
variable anti-sweat heater control in the ``on'' position 
(E<INF>on</INF>), expressed in kilowatt-hours per day, shall be 
calculated equivalent to:

E<INF>ON</INF> = 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 obtained 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

V. Summary and Request for Comments

    Through today's notice, DOE grants Electrolux an interim waiver 
from the specified portions of the test procedure applicable to 
Electrolux's new line of refrigerator-freezers with variable anti-sweat 
heater controls and adaptive heaters and announces receipt of 
Electrolux's petition for waiver from those same portions of the test 
procedure. DOE publishes Electrolux'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 Electrolux's specified refrigerator-freezers with 
adaptive anti-sweat heaters. Electrolux is required to follow this 
alternate procedure as a condition of its interim waiver, and DOE is 
considering including this alternate procedure in its subsequent 
Decision and Order.
    DOE solicits 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. The contact information for the petitioner 
is: Mr. Jean-Cyril Walker, Keller and Heckman, LLP, 1001 G Street, NW., 
Washington, DC 20001. Telephone: (202) 434-4181. E-mail: 
<a href="/cdn-cgi/l/email-protection#d2bfbbbebeb3a092b9babeb3a5fcb1bdbf"><span class="__cf_email__" data-cfemail="94f9fdf8f8f5e6d4fffcf8f5e3baf7fbf9">[email protected]</span></a>. 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).
    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.

    Issued in Washington, DC, on December 3, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
September 15, 2010

Via Overnight Delivery

The Honorable Catherine Zoi
Assistant Secretary
Office of Energy Efficiency and Renewable Energy
U.S. Department of Energy
Mail Station EE-10
Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0121

Re: Petition for Waiver and Application for Interim Waiver from the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedures by Electrolux Home Products, Inc.

Dear Secretary Zoi:
    On behalf of our client, Electrolux Home Products, Inc. 
(``Electrolux''), we respectfully submit this Petition for Waiver and 
Application for Interim Waiver requesting exemption by the Department 
of Energy from certain parts of the test procedure for determining 
refrigerator-freezer energy consumption under 10 CFR Sec.  430.27. The 
requested waiver will allow Electrolux to test its refrigerator-
freezers to the amended procedure set out by this Petition.
    This Petition for Waiver contains no confidential business 
information and may be released pursuant to Freedom of Information Act 
requests.

I. Petition for Waiver

    Electrolux seeks the Department's approval of this proposed 
amendment to the refrigerator-freezer test procedure to be assured of 
properly calculating the energy consumption and properly labeling its 
new refrigerator-freezers. On February 27, 2008 and May 5, 2009, the 
Department granted Petitions for Waiver filed respectively by General 
Electric Corporation (``GE'') and Whirlpool Corporation (``Whirlpool'') 
to establish a new methodology to calculate the energy consumption of a 
refrigerator-

[[Page 76966]]

freezer when such a product contains adaptive anti-sweat heaters.\2\
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    \2\ Decision and Order Granting a Waiver to the General Electric 
Company From the Department of Energy Residential Refrigerator and 
Refrigerator-Freezer Test Procedure, 73 Fed. Reg. 10425; Decision 
and Order Granting a Waiver to Whirlpool Corporation From the 
Department of Energy Residential Refrigerator and Refrigerator-
Freezer Test Procedure, 74 Fed. Reg. 20695.
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    Electrolux has developed its own adaptive anti-sweat system that 
uses a humidity sensor to operate the anti-sweat heaters. On November 
6, 2008, Electrolux filed a Petition for Waiver and Application for 
Interim Waiver from the test procedure applicable to residential 
electric refrigerators and refrigerator-freezers. Having determined 
that Electrolux is seeking a waiver similar to the one granted to GE, 
on December 15, 2009, the Department granted Electrolux a Waiver.\3\ 
Since then, the Department has granted Electrolux two other Waivers 
from the residential refrigerator and refrigerator-freezer test 
procedures for additional basic models featuring identical adaptive 
anti-sweat technology.\4\
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    \3\ Decision and Order Granting a Waiver to Electrolux Home 
Products, Inc. From the Department of Energy Residential 
Refrigerator and Refrigerator-Freezer Test Procedure, 74 Fed. Reg. 
66338 (December 15, 2009).
    \4\ Decision and Order Granting a Waiver to Electrolux Home 
Products, Inc. From the Department of Energy Residential 
Refrigerator and Refrigerator-Freezer Test Procedure, 75 Fed. Reg. 
11530 (March 11, 2010); Decision and Order Granting a Waiver to 
Electrolux Home Products, Inc. From the Department of Energy 
Residential Refrigerator and Refrigerator-Freezer Test Procedure, 75 
Fed. Reg. 22584 (April 29, 2010).
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    Department regulations make clear that once a waiver has been 
granted, the Department must take steps to incorporate the new 
procedure and eliminate the need for continuing waivers:
    Within one year of the granting of any waiver, the Department of 
Energy will publish in the Federal Register a notice of proposed 
rulemaking to amend its regulations so as to eliminate any need for the 
continuation of such waiver. As soon thereafter as practicable, the 
Department of Energy will publish in the Federal Register a final rule. 
Such waiver will terminate on the effective date of such final rule.\5\
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    \5\ 10 CFR Sec.  430.27(m).
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    In the interim, however, Electrolux is developing and planning to 
shortly introduce into the marketplace new models that use the 
identical adaptive anti-sweat system addressed by the December 15, 
2009, March 11, 2010, and April 29, 2010 Waivers granted to Electrolux 
by the Department. Accordingly, Electrolux is filing this Petition for 
Waiver and Application for Interim Waiver to address these new models.
    The Department's regulations provide that the Assistant Secretary 
will grant a petition for waiver upon ``determination that the basic 
model for which the waiver was requested contains a design 
characteristic which either prevents testing of the basic model 
according to the prescribed test procedures, or the 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.'' \6\
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    \6\ 10 CFR Sec.  430.27(l).
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    Electrolux respectfully submits that sufficient grounds exist for 
the Assistant Secretary to grant this Petition on both points. First, 
the refrigerator energy test procedure does not allow the energy used 
by Electrolux's new refrigerator to be accurately calculated. The new 
refrigerator contains adaptive anti-sweat heaters (i.e., anti-sweat 
heaters that respond to humidity conditions found in consumers' homes). 
Since the test conditions specified by the test procedure neither 
define required humidity conditions nor otherwise take ambient humidity 
conditions into account in calculating energy consumption, the adaptive 
feature of Electrolux's new refrigerator models cannot be properly 
tested.
    Second, testing Electrolux's new refrigerator models according to 
the test procedure would provide results that do not accurately measure 
the energy used by the new refrigerator.

A. The Refrigerator Energy Test Procedure

    The test procedure for calculating energy consumption specifies 
that the test chamber must be maintained at 90 [deg]Fahrenheit 
(``F'').\7\ This ambient temperature is not typical of conditions in 
most consumers' homes. Rather, it is intended to simulate the heat load 
of a refrigerator in a 70 [deg]F ambient with typical usage by the 
consumer. But the test procedure does not specify test chamber humidity 
conditions. Sweat occurs on refrigerators when specific areas on the 
unit are below the local dew point. Higher relative humidity levels 
result in an increase of the dew point. Sweat has been addressed by 
installing anti-sweat heaters on mullions and other locations where 
sweat accumulates. Previous anti-sweat heaters operated at a fixed 
amount of power and turned on or off regardless of the humidity or 
amount of sweat on the unit.
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    \7\ 10 CFR Part 430, Subpart B, App. A1.
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B. Electrolux's Proposed Modifications

    The circumstances of this Petition are similar to those in the 
Department's earlier decisions granting waiver petitions, including the 
2001 Waiver granted in In the Matter of Electrolux Home Appliances.\8\ 
The test procedure at issue in Electrolux's 2001 waiver request was 
originally developed when simple mechanical defrost timers were the 
norm. Accordingly, Electrolux sought a test procedure waiver to 
accommodate its advanced defrost timer. The Assistant Secretary, in 
granting the Waiver, acknowledged the role of technology advances in 
evaluating the need for test procedure waivers. With this current 
Petition, Electrolux again seeks to change how it tests its new models 
to take into account advances in sensing technology, i.e., sensors that 
detect temperature and humidity conditions and interact with controls 
to vary the effective wattage of anti-sweat heaters to evaporate excess 
sweat.
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    \8\ Granting of the Application for Interim Waiver and 
Publishing of the Petition for Waiver of Electrolux Home Products 
from the DOE Refrigerator and Refrigerator-Freezer Test Procedure 
(Case No. RF-005), 66 Fed. Reg. 40,689 (Aug. 3, 2001).
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    The Electrolux models, with the anti-sweat technology, subject to 
this Petition are:

EI27BS * * *
FGUN26 * * *
CFD26 * * *
    As with the models covered by the prior petitions, Electrolux 
proposes to run the energy-consumption test with the anti-sweat heater 
switch in the ``off'' position and then, because the test chamber is 
not humidity-controlled, to add to that result the kilowatt hours per 
day derived by calculating the energy used when the anti-sweat heater 
is in the ``on'' position. This contribution will be calculated by the 
same method that was proposed by GE and Whirlpool in their Petitions 
for Waiver,\9\ as well as by Electrolux in its earlier Petitions. The 
objective of the proposed approach is to simulate the average energy 
used by the adaptive anti-sweat heaters as activated in typical 
consumer households across the United States.
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    \9\ Publication of the Petition for Waiver of General Electric 
Company From the Department of Energy Refrigerator and Refrigerator/
Freezer Test Procedures, 72 Fed. Reg. 19,189 (Apr. 17, 2007); 
Publication of the Petition for Waiver of Whirlpool Corporation From 
the Department of Energy Refrigerator and Refrigerator/Freezer Test 
Procedures, 73 Fed. Reg. 39,684 (July 10, 2008).
---------------------------------------------------------------------------

    In formulating its Petition, GE conducted research to determine the

[[Page 76967]]

average humidity level experienced across the United States. The result 
of this research was that GE was able to determine the probability that 
any U.S. household would experience certain humidity conditions during 
any month of the year. This data was consolidated into 10 bands each 
representing a 10% range of relative humidity. In submitting this 
Petition, Electrolux is confirming the validity of using such bands to 
represent the average humidity experienced across the United States and 
will adopt the same population weighting as proposed by GE. The bands 
proposed by GE are as follows:

------------------------------------------------------------------------
                                            Probability      Constant
           % Relative humidity               (percent)      designation
------------------------------------------------------------------------
1 0-10..................................             3.4              A1
2 10-20.................................            21.1              A2
3 20-30.................................            20.4              A3
4 30-40.................................            16.6              A4
5 40-50.................................            12.6              A5
6 50-60.................................            11.9              A6
7 60-70.................................             6.9              A7
8 70-60.................................             4.7              A8
9 80-90.................................             0.8              A9
10 90-100...............................             1.5             A10
------------------------------------------------------------------------

    Since system losses are involved with operating anti-sweat heaters, 
Electrolux proposes to include in the calculation a factor to account 
for such energy. This additional energy includes the electrical energy 
required to operate the anti-sweat heater control and related 
components, and the additional energy required to increase compressor 
run time to remove heat introduced into the refrigerator compartments 
by the anti-sweat heater. Based on Electrolux's experience, this 
``System-loss Factor'' is 1.3. Simply stated, the Correction Factor 
that Electrolux proposes to add to the energy-consumption test results 
obtained with the anti-sweat heater switch in the ``off'' position is 
calculated as follows:

Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hours/1 day) x (1 kW/1000 W)
    Continue by calculating the national average power in watts used by 
the anti-sweat heaters. This is done by totaling the product of 
constants A1-A10 multiplied by the respective heater watts used by a 
refrigerator operating in the median percent relative humidity for that 
band and the following standard refrigerator conditions:
    <bullet> Ambient temperature of 72 [deg]F;
    <bullet> Fresh food (FF) average temperature of 45 [deg]F; and
    <bullet> Freezer (FZ) average temperature of 5 [deg]F.

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)

    As explained above, bands A1-A10 were selected as representative of 
humidity conditions in all U.S. households. Utilizing such weighed 
bands will allow the calculation of the national average energy 
consumption for each product.
    Based on the above, Electrolux proposes to test its new models as 
if the test procedure were modified to calculate the energy of the unit 
with the anti-sweat heaters in the on position as equal to the energy 
of the unit tested with the anti-sweat heaters in the off position plus 
the Anti-Sweat Heater Power times the System Loss Factor (expressed in 
KWH/YR).

II. Application for Interim Waiver

    Pursuant to Department regulations, the Assistant Secretary will 
grant an Interim Waiver ``if it is determined that the applicant will 
experience economic hardship if the Application for 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\
---------------------------------------------------------------------------

    \10\ 10 CFR 430.27(g).
---------------------------------------------------------------------------

    The DOE letter granting the Electrolux Interim Waiver recognized 
that:
    * * * public policy would favor granting Electrolux an Interim 
Waiver, pending determination of the Petition for Waiver. On February 
27, 2008, DOE granted the General Electric Company (``GE'') a waiver 
from the refrigerator-freezer test procedure because it takes neither 
ambient humidity nor adaptive technology into account. 73 FR 10425. The 
test procedure would not accurately represent the energy consumption of 
refrigerator-freezers containing relative humidity sensors and adaptive 
control anti-sweat heaters. This argument is equally applicable to 
Electrolux, which has products containing similar relative humidity 
sensors and anti-sweat heaters. Electrolux is seeking a very similar 
waiver to the one DOE granted to GE, with the same alternate test 
procedure, and it is very likely Electrolux's Petition for Waiver will 
be granted.
    As Electrolux noted in its November 6, 2008, July 13, 2009, and 
December 4, 2009 Petitions for Waiver and Applications for Interim 
Waiver, the Company could have designed its adaptive anti-sweat system 
so that the anti-sweat heaters showed no impact during energy testing. 
However, like GE and Whirlpool Corporation, Electrolux is following the 
intent of the regulations to more accurately represent the energy 
consumed by the new refrigerators when used in the home.
    In addition to more fairly and accurately representing the actual 
energy usage of appliances equipped with this technology, anti-sweat 
heaters are now a well-recognized and widely used technology in the 
industry. The alternate test procedure that is the subject of this 
Waiver request is now the established method by which the energy 
performance of anti-sweat heaters is measured, and Electrolux has 
invested heavily to implement this procedure for its new models. 
Consequently, requiring Electrolux to use the energy test procedure at 
10 CFR Sec.  430.27 would impose an economic hardship on the Company. 
The adaptive anti-sweat system in the Electrolux models referenced 
above is similar to those addressed by the December 15, 2009, March 11, 
2010, and April 29, 2010 Waivers granted to Electrolux by the

[[Page 76968]]

Department.\11\ Accordingly, Electrolux respectfully submits that 
sufficient grounds exist for the Assistant Secretary to grant the 
Electrolux Application for Interim Waiver.
---------------------------------------------------------------------------

    \11\ See supra notes 2-3.
---------------------------------------------------------------------------

III. Conclusion

    Electrolux urges the Assistant Secretary to grant its Petition for 
Waiver and Application for Interim Waiver to allow Electrolux to test 
its new refrigerator models as noted above. Granting Electrolux's 
Petition for Waiver will encourage the introduction of advanced 
technologies while providing proper consideration of energy 
consumption.

IV. Affected Persons

    Primarily affected persons in the refrigerator-freezer category 
include BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH), 
Equator, Fisher & Paykel Appliances Inc., GE Appliances, Haier America 
Trading, L.L.C., Heartland Appliances, Inc., Liebherr Hausgerate, LG 
Electronics USA Inc., Northland Corporation, Samsung Electronics 
America, Inc., Sanyo Fisher Company, Sears, Sub-Zero Freezer Company, 
U-Line, Viking Range, W. C. Wood Company, and Whirlpool Corporation. 
The Association of Home Appliance Manufacturers is also generally 
interested in energy efficiency requirements for appliances. Electrolux 
will notify all these entities as required by the Department's rules 
and provide them with a version of this Petition.

Sincerely,

Jean-Cyril Walker

Enclosures

cc: Michael Raymond, DOE Office of Energy Efficiency and Renewable 
Energy

[FR Doc. 2010-31063 Filed 12-9-10; 8:45 am]
BILLING CODE 6450-01-P


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