11522 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

with section 735(a)(2) of the Act and 19 

CFR 351.210(b)(2), because: (1) our 

preliminary determination is 

affirmative; (2) the requesting exporter 

accounts for a significant proportion of 

exports of the subject merchandise; and, 

(3) no compelling reasons for denial 

exist, we are granting this request and 

are postponing the final determination 

until no later than 135 days after the 

publication of this notice in the Federal 

Register. Suspension of liquidation will 

be extended accordingly. 

ITC Notification 

In accordance with section 733(f) of 

the Act, we have notified the ITC of the 

Department’s preliminary affirmative 

determination. If the Department’s final 

determination is 

affirmative, the ITC will determine 

before the later of 120 days after the date 

of this preliminary determination or 45 

days after our final determination 

whether imports of bricks from Mexico 

are materially injuring, or threatening 

material injury to, the U.S. industry (see 

section 735(b)(2) of the Act). Because we 

are postponing the deadline for our final 

determination to 135 days from the date 

of the publication of this preliminary 

determination, the ITC will make its 

final determination no later than 45 

days after our final determination. 

Public Comment 

Interested parties are invited to 

comment on the preliminary 

determination. Interested parties may 

submit case briefs to the Department no 

later than seven days after the date of 

the issuance of the last verification 

report in this proceeding. See 19 CFR 

351.309(c)(1)(i). Rebuttal briefs, the 

content of which is limited to the issues 

raised in the case briefs, must be filed 

within five days from the deadline date 

for the submission of case briefs. See 19 

CFR 351.309(d)(1). A list of authorities 

used, a table of contents, and an 

executive summary of issues should 

accompany any briefs submitted to the 

Department. Executive summaries 

should be limited to five pages total, 

including footnotes. Further, we request 

that parties submitting briefs and 

rebuttal briefs provide the Department 

with a copy of the public version of 

such briefs on diskette. In accordance 

with section 774 of the Act, the 

Department will hold a public hearing, 

if timely requested, to afford interested 

parties an opportunity to comment on 

arguments raised in case or rebuttal 

briefs, provided that such a hearing is 

requested by an interested party. See 

also 19 CFR 351.310(d). If a timely 

request for a hearing is made in this 

investigation, we intend to hold the 

hearing two days after the rebuttal brief 

deadline date at the U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230, at 

a time and in a room to be determined. 

Parties should confirm by telephone, the 

date, time, and location of the hearing 

48 hours before the scheduled date. 

Interested parties who wish to request 

a hearing, or to participate in a hearing 

if one is requested, must submit a 

written request to the Assistant 

Secretary for Import Administration, 

U.S. Department of Commerce, Room 

1870, within 30 days of the publication 

of this notice. Requests should contain: 

(1) the party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of the issues 

to be discussed. At the hearing, oral 

presentations will be limited to issues 

raised in the briefs. 

This determination is issued and 

published pursuant to sections 733(f) 

and 777(i)(1) of the Act. 

Dated: March 3, 2010. 

Carole A. Showers, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–5369 Filed 3–10–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF ENERGY 

[Case No. RF–013] 

Energy Conservation Program for 

Consumer Products: Publication of the 

Petition for Waiver and Notice of 

Granting the Application for Interim 

Waiver of Haier From the Department 

of Energy Residential Refrigerator and 

Refrigerator-Freezer Test Procedures 

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. 

SUMMARY: This notice announces receipt 

of and publishes the Haier Group and 

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

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 Haier’s product 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, Haier has suggested 

an alternate test procedure that 

considers adaptive control technology 

when measuring energy consumption. 

DOE solicits comments, data, and 

information concerning Haier’s Petition 

and the suggested alternate test 

procedure. DOE also publishes notice of 

the grant of an interim waiver to Haier. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Haier Petition until, but no later than, 

April 12, 2010. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–013,’’ 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–013], and/or ‘‘Haier 

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. 

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 

refrigerators and 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, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

Michael.Raymond@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department 

of Energy, Office of the General Counsel, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11523 

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 and Authority 

Title III of the Energy Policy and 

Conservation Act 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)). The test 

procedure for residential refrigerators 

and refrigerator-freezers is contained in 

10 CFR part 430, subpart B, appendix 

A1. 

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 January 11, 2010, Haier filed a 

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. Haier is 

designing new refrigerators and 

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, Haier’s technology is 

similar to that used by General Electric 

Company (GE), Whirlpool Corporation 

(Whirlpool), and Electrolux for 

refrigerator-freezers which were the 

subject of petitions for waiver published 

April 17, 2007 (72 FR 19189), July 10, 

2008 (73 FR 39684), and June 4, 2009 

(74 FR 26853), 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’ waiver was granted on 

December 15, 2009. (74 FR 66338). DOE 

also granted Samsung Electronics 

America, Inc. (Samsung) an interim 

waiver for similar products on 

December 15, 2009 (74 FR 66340). 

In its petition, Haier 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 humidity nor 

adaptive technology into account. 

Therefore, Haier states that the test 

procedure does not accurately measure 

the energy consumption of Haier’s new 

refrigerators and refrigerator-freezers 

that feature variable anti-sweat heater 

controls and adaptive heaters. 

Consequently, Haier has submitted to 

DOE for approval an alternate test 

procedure that would allow it to 

correctly calculate the energy 

consumption of this new product line. 

Haier’s alternate test procedure is the 

same in all relevant particulars as that 

prescribed for other manufacturers for 

refrigerators and 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 in the decision and order that 

DOE published in the Federal Register 

on February 27, 2008. (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 

Haier 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 determined that Haier’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 Haier might experience absent 

a favorable determination on its 

application for interim waiver. 

However, DOE understands that absent 

an interim waiver, Haier’s products 

would not otherwise be tested and rated 

for energy consumption on a 

comparable basis with equivalent 

products for which DOE previously 

granted waivers, and would be required 

to represent a higher energy 

consumption for essentially the same 

product. Furthermore, it appears likely 

that Haier’s Petition for Waiver will be 

granted, and it is desirable for public 

policy reasons to grant Haier immediate 

relief pending a determination on the 

petition for waiver. As stated above, 

DOE has already granted similar waivers 

to GE, Whirlpool, and Electrolux, as 

well as an interim waiver to Samsung, 

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 Haier, which 

has products containing similar relative 

humidity sensors and anti-sweat 

heaters. DOE has also concluded that it 

is in the public interest to have similar 

products tested and rated for energy 

consumption on a comparable basis. 


jlentini on DSKJ8SOYB1PROD with NOTICES
11524 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

For the reasons stated above, DOE 

grants Haier’s application for interim 

waiver from testing of its refrigeratorfreezer product line containing relative 

humidity sensors and adaptive control 

anti-sweat heaters. Therefore, it is 

ordered that: 

The application for interim waiver 

filed by Haier is hereby granted for 

Haier’s refrigerator-freezer product line 

containing relative humidity sensors 

and adaptive control anti-sweat heaters, 

subject to the specifications and 

conditions below. 

1. Haier shall not be required to test 

or rate its refrigerator-freezer product 

line containing relative humidity 

sensors and adaptive control anti-sweat 

heaters based on the test procedure 

under 10 CFR part 430 subpart B, 

appendix A1. 

2. Haier 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: 

RBFS21SIBP RBFS21SIBE RBFS21SIBS RBFS21TIBP RBFS21TIBE 

RBFS21TIBS RBFS21EDBP RBFS21EDBE RBFS21EDBS HB21QC10NP 

HB21QC10NE HB21QC10NS HB21QC40NP HB21QC40NE HB21QC40NS 

HB21QC70NP HB21QC70NE HB21QC70NS HB21FC10NP HB21FC10NE 

HB21FC10NS HB21FC40NP HB21FC40NE HB21FC40NS HB21FC70NP 

HB21FC70NE HB21FC70NS HB25QC10NP HB25QC10NE HB25QC10NS 

HB25QC40NP HB25QC40NE HB25QC40NS HB25QC70NP HB25QC70NE 

HB25QC70NS HB25FC10NP HB25FC10NE HB25FC10NS HB25FC40NP 

HB25FC40NE HB25FC40NS HB25FC70NP HB25FC70NE HB25FC70NS 

H21BFC45 

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 

Haier’s new line of refrigerators and 

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’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 with the 

anti-sweat heaters disabled. The antisweat contribution to the product’s total 

energy consumption will be calculated 

by the same methodology that was set 

forth in the GE Petition, as described 

below. The objective of this approach is 

to simulate the average energy used by 

the adaptive anti-sweat heaters as 

activated in refrigerators and 

refrigerator-freezers of typical consumer 

households across the United States. 

To determine the conditions in a 

typical consumer household, GE 

compiled historical data on the monthly 

average outdoor temperature and 

humidity for the top 50 metropolitan 

areas of the U.S. over approximately the 

last 30 years. In light of the similarity of 

technologies at issue, Haier is using the 

same data compiled by GE for its 

determination of the anti-sweat heater 

energy use. Like GE, Whirlpool, and 

Electrolux, Haier 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, Haier shall be required to test 

the products listed above according to 

the test procedures for electric 

refrigerator-freezers prescribed by DOE 

at 10 CFR part 430, Appendix A1, 

except that for the Haier products listed 

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-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-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/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 derive 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 11525 

1For convenience, we sometimes refer generally 

herein to ‘‘Haier.’’ 

V. Summary and Request for Comments 

Through today’s notice, DOE grants 

Haier an interim waiver from the 

specified portions of the test procedure 

applicable to Haier’s new line of 

refrigerators and refrigerator-freezers 

with variable anti-sweat heater controls 

and adaptive heaters, and announces 

receipt of Haier’s petition for waiver 

from those same portions of the test 

procedure. DOE publishes Haier’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 Haier’s 

specified refrigerators and refrigeratorfreezers with adaptive anti-sweat 

heaters. Haier 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: Robert Cunningham, 

Senior Vice President of Product 

Innovation and Engineering, Major 

Appliances, Haier America Trading, 

L.L.C., 1356 Broadway, New York, New 

York 10018; Telephone: (212) 594–3330. 

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 March 4, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

January 11, 2010. 

The Honorable Cathy Zoi, Assistant 

Secretary, Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy, Mail Station EE–10, 1000 

Independence Avenue, SW, Washington, 

DC 20585. 

Re: Petition for Waiver and Application for 

Interim Waiver for Refrigerator-Freezers 

with Adaptive Anti-Sweat Heater 

Technology 

Dear Assistant Secretary Zoi: Pursuant to 

10 CFR 430.27, Haier Group and Haier 

America Trading, L.L.C.1 respectfully submit 

this Petition for Waiver and Application for 

Interim Waiver for refrigerator-freezer models 

that incorporate adaptive anti-sweat heater 

technology. The Department of Energy (DOE) 

has already granted waiver relief to General 

Electric, Whirlpool, Electrolux, and Samsung 

for products with such technology. Without 

waiver relief, Haier will be placed at a severe 

competitive disadvantage. 

I. Identification of Petitioner/Applicant 

Haier is a manufacturer and marketer of 

major appliances and electronics, including, 

but not limited to, refrigerators, freezers, air 

conditioners, dishwashers, microwaves, 

laundry products, small appliances, 

electronics, vacuums, wine cellars and 

televisions. 

The parent entity is Haier Group, whose 

corporate headquarters are located at 1 Haier 

Road, High-Tech Zone, Qingdao 266101, 

China. Haier America Trading, L.L.C., a New 

York limited liability company, is the sales 

and marketing entity for Haier in the United 

States and elsewhere in the Western 

Hemisphere. Its headquarters are located at 

The Haier Building, 1356 Broadway, New 

York, New York 10018. 

II. A Waiver Should Be Granted 

Haier is developing, and intends shortly to 

introduce into the marketplace, refrigeratorfreezers with anti-sweat heater technology 

that reacts according to different ambient 

conditions such as humidity and 

temperature. As with General Electric, 

Whirlpool, Electrolux, and Samsung, a 

waiver and interim waiver for Haier 

refrigerator-freezers with adaptive anti-sweat 

heater technology are warranted because 

DOE’s current test procedure under the 

Energy Policy and Conservation Act (EPCA), 

42 U.S.C. 6291 et seq., evaluates them in a 

manner so unrepresentative of their true 

energy consumption characteristics as to 

provide materially inaccurate comparative 

data, and/or the basic models contain one or 

more design characteristics that prevent 

testing of the basic model according to the 

prescribed test procedures. DOE’s rules 

provide that a waiver ‘‘will be granted’’ in 

such situations. 10 CFR 430.27(l). 

The current DOE test procedure, id. Part 

430, Subpart B, Appendix A1, prevents Haier 

from accurately evaluating its refrigeratorfreezers that have this adaptive anti-sweat 

heater technology. The DOE test procedure as 

applied to these products will yield different 

test results depending on the relative ambient 

relative humidity in the test chamber. The 

test procedure does not specify a value for 

the relative ambient humidity in the test 

chamber. 

Haier’s adaptive anti-sweat heater 

technology is similar to that used by General 

Electric, Whirlpool, Electrolux, and Samsung 

for refrigerator-freezers that were the subject 

of waiver relief. See, 74 FR 66338 (Dec. 15, 

2009) (Electrolux; grant of waiver); id. 66340 

(Dec. 15, 2009) (Samsung; grant of interim 

waiver); id. 26853 (June 4, 2009) (Electrolux; 

grant of interim waiver); id. 20695 (May 5, 

2009) (Whirlpool; grant of waiver); 73 FR 

10425 (Feb. 27, 2008) (General Electric; grant 

of waiver). 

Therefore, Haier should not be required to 

test or rate its refrigerator-freezer product 

lines containing adaptive anti-sweat heaters 

technology on the basis of the test procedure 

under 10 CFR Part 430, Subpart B, Appendix 

A1. Instead, as with the other companies for 

which waiver relief has been granted, Haier 

should be required to test and rate these 

products line according to an alternative test 

procedure. The alternative test procedure 

would provide for the test to be run with the 

anti-sweat heater switch in the ‘‘off’’ position 

and then, because the test chamber is not 

humidity-controlled, there would be added 

to that result the kilowatt hours per day 

derived by calculating the energy used when 

the anti-sweat heater is in the ‘‘on’’ position. 

Specifically, Haier should be required to 

test the products for which a waiver is 

granted according to the test procedures for 

electric refrigerator-freezers prescribed by 

DOE at 10 CFR Part 430, Appendix A1, 

except that, for the Haier products: 

(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-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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
11526 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices 

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 (E[on]), 

expressed in kilowatt-hours per day, shall be 

calculated equivalent to: 

E[ON] = E + (Heater Contribution) [note: 

called ‘‘correction factor’’ by General 

Electric] 

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. 

Heater Contribution n1 = (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) 

v+ 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 [degrees] 

F ambient, and DOE reference temperatures 

of fresh food average temperature of 45 

[degrees] F and freezer average temperature 

of 5 [degrees] F. 

System-loss Factor = 1.3 

* * * * * 

The waiver should apply to the following 

model series. The actual model numbers will 

vary to account for year of manufacture, 

product color, or other features, but will 

always include anti-sweat technology whose 

energy impact is calculated in accordance 

with this petition. 

RBFS21SIBP RBFS21SIBE RBFS21SIBS RBFS21TIBP RBFS21TIBE 

RBFS21TIBS RBFS21EDBP RBFS21EDBE RBFS21EDBS HB21QC10NP 

HB21QC10NE HB21QC10NS HB21QC40NP HB21QC40NE HB21QC40NS 

HB21QC70NP HB21QC70NE HB21QC70NS HB21FC10NP HB21FC10NE 

HB21FC10NS HB21FC40NP HB21FC40NE HB21FC40NS HB21FC70NP 

HB21FC70NE HB21FC70NS HB25QC10NP HB25QC10NE HB25QC10NS 

HB25QC40NP HB25QC40NE HB25QC40NS HB25QC70NP HB25QC70NE 

HB25QC70NS HB25FC10NP HB25FC10NE HB25FC10NS HB25FC40NP 

HB25FC40NE HB25FC40NS HB25FC70NP HB25FC70NE HB25FC70NS 

H21BFC45 

The waiver should continue until a test 

procedure can be developed and adopted that 

will provide the U.S. market with a fair and 

accurate assessment of the Haier products. 

III. An Interim Waiver Should Be Granted 

Haier also requests immediate relief by 

grant of an Interim Waiver. Haier would be 

placed at a competitive disadvantage if an 

Interim Waiver is not granted to it, as the 

energy consumption data will not be 

comparable to that of other manufacturers 

that were granted waiver relief. 

Furthermore, it is likely that Haier’s 

Petition for Waiver will be granted, and it is 

desirable for public policy reasons to grant 

Haier immediate relief pending a 

determination on the Petition for Waiver. As 

stated above, DOE has already granted waiver 

relief to General Electric, Whirlpool, 

Electrolux, and Samsung because the DOE 

test procedure does not accurately represent 

the energy consumption of refrigeratorfreezers containing this technology. The 

rationale for granting these waivers is equally 

applicable to Haier. DOE has also concluded 

that it is in the public interest to have similar 

products tested and rated for energy 

consumption on a comparable basis. See, e.g., 

74 FR 66338, 66339 (Dec. 15, 2009); id. 

66340, 66341 (Dec. 15, 2009). 

IV. Persons To Be Notified 

Manufacturers of all other basic models 

marketed in the United States and known to 

Haier to incorporate similar design 

characteristics as found in the Haier 

refrigerator-freezers include BSH Home 

Appliances Corp. (Bosch-Siemens Hausgerate 

GmbH), Electrolux Home Products, Equator, 

Fisher & Paykel Appliances Inc., GE 

Appliances, Gorenje USA, Heartland 

Appliances, Inc., Kelon Electrical Holdings 

Co., Ltd., Liebherr Hausgerate, LG Electronics 

Inc., Miele, Inc., Northland Corporation, 

Samsung Electronics America, Inc., Sanyo 

Fisher Company, Sub-Zero Freezer Company, 

ULine, Viking Range, and Whirlpool 

Corporation. The Association of Home 

Appliance Manufacturers is also generally 

interested in energy efficiency requirements 

for appliances, including refrigeratorfreezers. Haier will notify all these entities as 

set forth in the Department’s rules and 

provide them with a version of this Petition 

and Application. 

V. Conclusion 

DOE should grant a waiver and interim 

waiver for Haier refrigerator-freezers with 

adaptive anti-sweat heater technology. The 

waiver should continue until a test procedure 

can be developed and adopted that will 

provide the U.S. market with a fair and 

accurate assessment of the Haier products. 

Haier certifies that all manufacturers of 

domestically marketed units of the same 

product type have been notified by letter of 

this petition and application. Copies of such 

letter and related certification are attached 

hereto. 

Sincerely, 

Robert Cunningham, 

Senior Vice President of Product Innovation 

and Engineering, Major Appliances, Haier 

America Trading, L.L.C. 

[FR Doc. 2010–5226 Filed 3–10–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Biomass Research and Development 

Technical Advisory Committee 

AGENCY: Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy. 

ACTION: Notice of Open Meeting. 

SUMMARY: This notice announces an 

open meeting of the Biomass Research 

and Development Technical Advisory 

Committee under Section 9008(d) of the 

Food, Conservation, and Energy Act of 

2008. The Federal Advisory Committee 

Act (Pub. L. 92–463, 86 Stat. 770) 

requires that agencies publish these 

notices in the Federal Register to allow 

for public participation. This notice 

announces the meeting of the Biomass 

Research and Development Technical 

Advisory Committee. 

Dates and Times: April 1, 2010 at 8 

am to 5 pm; April 2, 2010 at 12:30 pm 

to 3 pm. 

ADDRESSES: Hyatt Regency Crystal City, 

Washington Room A, 2799 Jefferson 

Davis Highway, Arlington, VA 22202, 

(703) 418–1234. 

FOR FURTHER INFORMATION CONTACT: 

Laura McCann, Designated Federal 

Official for the Committee, Office of 

Energy Efficiency and Renewable 

Energy, U.S. Department of Energy, 

1000 Independence Avenue, SW., 

Washington, DC 20585; (202) 586–7766; 

E-mail: laura.mccann@ee.doe.gov or T.J. 

Heibel at (410) 997–7778 ext. 223; Email: theibel@bcs-hq.com. 

SUPPLEMENTARY INFORMATION: 

Purpose of Meeting: To provide 

advice and guidance that promotes 

research and development leading to the 

production of biobased fuels and 

biobased products. 

Tentative Agenda: Agenda will 

include the following: 


jlentini on DSKJ8SOYB1PROD with NOTICES