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[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Notices]               
[Page 11522-11526]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr10-37]                         

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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,

[[Page 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 
refrigerator-freezers 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.

[[Page 11524]]

    For the reasons stated above, DOE grants Haier'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 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 
anti-sweat 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 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 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 [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

[[Page 11525]]

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 refrigerator-freezers 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.
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    \1\ For convenience, we sometimes refer generally herein to 
``Haier.''
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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, refrigerator-freezers 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 
refrigerator-freezers 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.

[[Page 11526]]

    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 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)
    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 refrigerator-freezers 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 refrigerator-
freezers. 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
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