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

gradient at locations 10 inches (25.4 cm) 

out from the centers of the two sides of 

the unit being tested is to be maintained 

during the test. Unless shields or baffles 

obstruct the area, the gradient is to be 

maintained from 2 inches (5.1 cm) 

above the floor or supporting platform 

to a height 1 foot (30.5 cm) above the 

unit under test. Defrost controls are to 

be operative. The anti-sweat heater 

switch is to be off during one test and 

on during the second test. In the case of 

an electric refrigerator-freezer equipped 

with variable anti-sweat heater control, 

the result of the second test will be 

derived from the calculation described 

in 6.2.3. Other exceptions are noted in 

2.3, 2.4, and 5.1 below. 

(C) New section 6.2.3 is inserted after 

section 6.2.2.2. 

6.2.3 Variable anti-sweat heater 

control test. The energy consumption of 

an electric refrigerator-freezer with a 

variable anti-sweat heater control in the 

‘‘on’’ position (Eon), expressed in 

kilowatt-hours per day, shall be 

calculated equivalent to: 

EON = E + (Correction Factor) 

where E is determined by 6.2.1.1, 

6.2.1.2, 6.2.2.1, or 6.2.2.2, whichever is 

appropriate, with the anti-sweat heater 

switch in the off position. 

Correction Factor = (Anti-sweat Heater 

Power × System-loss Factor) × (24 

hrs/1 day) × (1 kW/1,000 W) 

Where: 

Anti-sweat Heater Power = A1 * (Heater 

Watts at 5%RH) 

+ A2 * (Heater Watts at 15%RH) 

+ A3 * (Heater Watts at 25%RH) 

+ A4 * (Heater Watts at 35%RH) 

+ A5 * (Heater Watts at 45%RH) 

+ A6 * (Heater Watts at 55%RH) 

+ A7 * (Heater Watts at 65%RH) 

+ A8 * (Heater Watts at 75%RH) 

+ A9 * (Heater Watts at 85%RH) 

+ A10 * (Heater Watts at 95%RH) 

where A1–A10 are from the following 

table: 

A1 = 0.034 A6 = 0.119 

A2 = 0.211 A7 = 0.069 

A3 = 0.204 A8 = 0.047 

A4 = 0.166 A9 = 0.008 

A5 = 0.126 A10 = 0.015 

Heater Watts at a specific relative 

humidity = the nominal watts used by 

all heaters at that specific relative 

humidity, 72 °F ambient, and DOE 

reference temperatures of fresh food 

(FF) average temperature of 45 °F and 

freezer (FZ) average temperature of 5 °F. 

System-loss Factor = 1.3. 

(4) Representations. Samsung may 

make representations about the energy 

use of its adaptive control anti-sweat 

heater refrigerator-freezer products for 

compliance, marketing, or other 

purposes only to the extent that such 

products have been tested in accordance 

with the provisions outlined above and 

such representations fairly disclose the 

results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

Issued in Washington, DC, on March 10, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

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

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CD–004] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to the General 

Electric Company From the 

Department of Energy Residential 

Clothes Dryer Test Procedure (Case 

No. CD–004) 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CD–004) 

that grants to the General Electric Co. 

(GE) a waiver from the DOE clothes 

dryer test procedure. The waiver request 

pertains to GE’s specified models of 

condensing residential clothes dryer. 

The existing test procedure does not 

apply to condensing clothes dryers. 

Under today’s decision and order, GE 

shall be not be required to test and rate 

its specified models of condensing 

residential clothes dryer. 

DATES: This decision and order is 

effective March 18, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611; E-mail: 

AS_Waiver_Requests@ee.doe.gov. Betsy 

Kohl, U.S. Department of Energy, Office 

of General Counsel, Mail Stop GC–72, 

1000 Independence Avenue, SW., 

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

7796; E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR) 430.27(l), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants GE a 

waiver from the applicable residential 

clothes dryer test procedure at 10 CFR 

part 430 subpart B, appendix D, for its 

two models of condensing clothes dryer. 

Issued in Washington, DC, on March 10, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: GE Corporation. 

(Case No. CD–004) 

Background 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency. Part A of Title III provides for 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ (42 U.S.C. 6291–6309) 

Part A includes definitions, test 

procedures, labeling provisions, energy 

conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part A authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results that measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

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

Today’s notice involves residential 

products under Part A. The test 

procedure for residential clothes dryers 

relevant to the current petition for 

waiver is contained in 10 CFR part 430, 

subpart B, appendix D. 

DOE’s regulations contain provisions 

allowing a person to seek a waiver from 

the test procedure requirements for 

covered consumer products if at least 

one of the following conditions is met: 

(1) The petitioner’s basic model 

contains one or more design 

characteristics that prevent testing 

according to the prescribed test 

procedure, or (2) when the prescribed 

test procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 


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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 13123 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

The waiver process also allows any 

interested person who has submitted a 

petition for waiver to file an application 

for an interim waiver of the applicable 

test procedure requirements. 10 CFR 

430.27(a)(2). The Assistant Secretary 

will grant an interim waiver request if 

it is determined that the applicant will 

experience economic hardship if the 

interim waiver is denied, if it appears 

likely that the petition for waiver will be 

granted, and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the petition for 

waiver. 10 CFR 430.27(g). 

On July 14, 2009, GE filed a petition 

for waiver from the test procedures 

applicable to its DCVH480E* and 

DCVH485E* product models (the two 

models differ only in color) of 

condensing clothes dryer. On March 2, 

2010, GE informed DOE that it had 

made a typographical error in the model 

numbers listed in its petition for waiver. 

The correct model numbers of the 

products for which GE seeks a waiver, 

and that DOE analyzed in determining 

whether to grant the interim waiver and 

this petition for waiver, are DCCH480E* 

and DCCH485E*. The applicable test 

procedures are contained in 10 CFR part 

430, subpart B, appendix D—Uniform 

Test Method for Measuring the Energy 

Consumption of Clothes Dryers. GE 

seeks a waiver from the applicable test 

procedures for its DCCH480E* and 

DCCH485E* basic product models 

because, GE asserts, design 

characteristics of this model prevent 

testing according to the currently 

prescribed test procedures. DOE 

previously granted Miele Appliance, 

Inc. (Miele), a waiver from test 

procedures for two similar condenser 

clothes dryer models (T1565CA and 

T1570C). (60 FR 9330 (Feb. 17, 1995)) 

GE claims that its condenser clothes 

dryers cannot be tested pursuant to the 

DOE procedure and requests that the 

same waiver granted to Miele in 1995 be 

granted for GE’s DCCH480E* and 

DCCH485E* models. 

In support of its petition, GE claims 

that the current clothes dryer test 

procedures apply only to vented clothes 

dryers because the test procedures 

require the use of an exhaust restrictor 

on the exhaust port of the clothes dryer 

during testing. Because condenser 

clothes dryers operate by blowing air 

through the wet clothes, condensing the 

water vapor in the airstream, and 

pumping the collected water into either 

a drain line or an in-unit container, 

these products do not use an exhaust 

port like a vented dryer does. GE plans 

to market a condensing clothes dryer for 

situations in which a conventional 

vented clothes dryer cannot be used, 

such as high-rise apartments and 

condominiums, neither of whose 

construction permits the use of external 

venting. 

Assertions and Determinations 

GE’s Petition for Waiver 

On July 14, 2009, GE filed a petition 

for waiver from the test procedure 

applicable to residential clothes dryers 

set forth in 10 CFR part 430, subpart B, 

appendix D for particular models of 

condensing clothes dryer. On December 

15, 2009, DOE published GE’s petition 

for waiver and granted GE an interim 

waiver from the current test procedure. 

74 FR 66335. DOE did not receive any 

comments on the GE petition. 

DOE previously granted Miele a 

waiver from test procedures for 

condensing clothes dryers after 

determining that the clothes dryer test 

procedure was not applicable to the 

company’s condenser clothes dryers 

because of the lack of an exhaust port 

for mounting the required exhaust 

restrictor, which is an element of the 

test procedure. 60 FR 9332 (February 17, 

1995). Subsequently, in 2008, DOE 

granted LG a similar waiver for its 

DLEC733W condenser clothes dryer. 73 

FR 66641 (Nov. 10, 2008). In 2009, DOE 

granted a similar waiver to Whirlpool. 

74 FR 66334 (December 15, 2009). 

Therefore, for the reasons discussed 

above and in light of the long-standing 

waiver granted to Miele, and the recent 

waivers to LG and Whirlpool, DOE 

grants GE’s petition for waiver from 

testing of its condenser clothes dryers. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

GE petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to GE. 

Conclusion 

After careful consideration of all the 

material that was submitted by GE and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver submitted 

by the General Electric Co. (Case No. 

CD–004) is hereby granted as set forth 

in the paragraphs below. 

(2) GE shall not be required to test or 

rate its DCCH480E* and DCCH485E* 

condensing clothes dryer models on the 

basis of the test procedures at 10 CFR 

part 430, subpart B, appendix D. 

(3) This waiver shall remain in effect 

from the date this decision and order 

consistent with the provisions of 10 CFR 

430.27(m). 

(4) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect. 

Issued in Washington, DC, on March 10, 

2010. 

Cathy Zoi 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–5937 Filed 3–17–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Energy Conservation Program for 

Consumer Products: Representative 

Average Unit Costs of Energy 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice. 

SUMMARY: In this notice, the U.S. 

Department of Energy (DOE) is 

forecasting the representative average 

unit costs of five residential energy 

sources for the year 2010 pursuant to 

the Energy Policy and Conservation Act. 

The five sources are electricity, natural 

gas, No. 2 heating oil, propane, and 

kerosene. 

DATES: The representative average unit 

costs of energy contained in this notice 

will become effective April 19, 2010 and 

will remain in effect until further notice. 

FOR FURTHER INFORMATION CONTACT: 

Mohammed Khan, U.S. Department of 

Energy, Office of Energy Efficiency 

and Renewable Energy Forrestal 

Building, Mail Station EE–2J 1000 

Independence Avenue, SW., 


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