51262 Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Notices 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above proceedings 

are accessible in the Commission’s 

eLibrary system by clicking on the 

appropriate link in the above list. They 

are also available for review in the 

Commission’s Public Reference Room in 

Washington, DC. There is an 

eSubscription link on the Web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed docket(s). For assistance 

with any FERC Online service, please email FERCOnlineSupport@ferc.gov, or 

call (866) 208–3676 (toll free). For TTY, 

call (202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–20505 Filed 8–18–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–015] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to GE From 

the Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–015) 

that grants to the General Electric 

Company (GE) a waiver from the DOE 

electric refrigerator and refrigeratorfreezer test procedure for certain basic 

models containing relative humidity 

sensors and adaptive control anti-sweat 

heaters. Under today’s decision and 

order, GE shall be required to test and 

rate its refrigerator-freezers with relative 

humidity sensors and adaptive control 

anti-sweat heaters using an alternate test 

procedure that takes this technology 

into account when measuring energy 

consumption. 

DATES: This Decision and Order is 

effective August 19, 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: 

Michael.Raymond@ee.doe.gov. Jennifer 

Tiedeman, U.S. Department of Energy, 

Office of the General Counsel, Mail Stop 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585–0103, (202) 

287–6111, E-mail: 

Jennifer.Tiedeman@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 

refrigerator and refrigerator-freezer test 

procedures in 10 CFR part 430, subpart 

B, appendix A1 for certain basic models 

of refrigerator-freezers with relative 

humidity sensors and adaptive control 

anti-sweat heaters, provided that GE 

tests and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

GE from making representations 

concerning the energy efficiency of 

these products unless the product has 

been tested consistent with the 

provisions and restrictions in the 

alternate test procedure set forth in the 

decision and order below, and the 

representations fairly disclose the test 

results. Distributors, retailers, and 

private labelers are held to the same 

standard when making representations 

regarding the energy efficiency of these 

products. 42 U.S.C. 6293(c). 

Issued in Washington, DC, on August 11, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: The General Electric 

Company (Case No. RF–015). 

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 of Title III includes definitions, 

test procedures, labeling provisions, 

energy conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

EPCA 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 

electric refrigerator and refrigeratorfreezer products covered under Part A. 

The test procedure for residential 

electric refrigerators and refrigeratorfreezers is contained in 10 CFR part 430, 

subpart B, appendix A1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when (1) the petitioner’s basic 

model contains one or more design 

characteristics that prevent testing 

according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

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

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

The waiver process also allows any 

interested person who has submitted a 

petition for waiver to file an application 

for interim waiver of the applicable test 

procedure requirements. 10 CFR 

430.27(a)(2). The Assistant Secretary 

will grant an interim waiver request if 

it is determined that the applicant will 

experience economic hardship if the 

interim waiver is denied, if it appears 

likely that the petition for waiver will be 

granted, and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the petition for 

waiver. 10 CFR 430.27(g). 

On December 19, 2006, GE 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. The products 

covered by the petition employ relative 

humidity sensors and adaptive control 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Notices 51263 

anti-sweat heaters, which detect and 

respond to temperature and humidity 

conditions, and then activate adaptive 

heaters as needed to evaporate excess 

moisture. GE’s petition was published 

in the Federal Register on April 17, 

2007. 72 FR 19189. DOE granted the GE 

petition in a decision & order published 

on February 27, 2008. 73 FR 10425. 

On February 16, 2010, GE informed 

DOE that it has developed additional 

basic models with adaptive anti-sweat 

heater technology. GE asserted that 

these new products function and 

operate the same way as the basic 

models listed in GE’s December 2006 

petition for waiver with respect to the 

properties that made those products 

eligible for a waiver. GE requested that 

DOE grant a new waiver for these 

additional basic models. GE’s petition 

was published in the Federal Register 

on April 29, 2010. 75 FR 22586. 

Assertions and Determinations 

GE’s Petition for Waiver: 

In its December 2006 petition, which 

DOE granted in February 2008, GE 

sought a waiver from the existing DOE 

test procedure applicable to refrigerators 

and refrigerator-freezers under 10 CFR 

part 430 because it takes neither 

ambient humidity nor adaptive control 

anti-sweat heater technology into 

account. GE seeks a similar waiver in its 

February 2010 petition. As stated above, 

GE asserts these new products are 

identical in function and operation to 

the basic models listed in GE’s 2006 

petition with respect to the properties 

that made those products eligible for a 

waiver. DOE did not receive any 

comments on the GE petition. 

GE requested it be permitted to use 

the same alternate test procedure DOE 

prescribed earlier for GE, and which has 

since been prescribed for Whirlpool, 

Electrolux, Samsung and Haier 

refrigerators and refrigerator-freezers 

equipped with a similar technology. The 

alternate test procedure simulates the 

energy used by the adaptive heaters in 

a typical consumer household, as 

explained in the GE decision and order 

referenced above. As DOE has stated in 

the past, it is in the public interest to 

have similar products tested and rated 

for energy consumption on a 

comparable basis. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

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 Company (Case 

No. RF–015) is hereby granted as set 

forth in the paragraphs below. 

(2) GE shall not be required to test or 

rate the following GE models on the 

basis of the current test procedures 

contained in 10 CFR part 430, subpart 

B, appendix A1. Instead, it shall be 

required to test and rate such products 

according to the alternate test procedure 

as set forth in paragraph (3) below: 

All models with the letters 

CFCP1NIY****, CFCP1NIZ , 

CFCP1ZIY** **, PFCF1NFY , 

PFCF1NFZ** **, PFCF1PJY , 

PFCF1PJZ** **, PFCS1NFY , 

PFCS1NFZ** **, PFCS1PJY , 

PFCS1PJZ** **, PFQS5PJY , 

PFSF5NFY** **, PFSF5NFZ , 

PFSF5PJY** **, PFSF5PJZ , 

PFSS5NFY** **, PFSS5NFZ , 

PFSS5PJY** **, PFSS5PJZ , 

PGCS1NFY** **, PGCS1NFZ , 

PGCS1PJY** **, PGCS1PJZ , 

PGSS5NFY** **, PGSS5NFZ , 

PGSS5PJY** **, PGSS5PJZ , 

ZFGB21HY** **, ZFGB21HZ , 

ZFGP21HY** **, ZFGP21HZ****. (The 

asterisks, or wild cards, denote color or 

other features that do not affect energy 

performance.) 

(3) GE shall be required to test the 

products listed in paragraph (2) above 

according to the test procedures for 

electric refrigerator-freezers prescribed 

by DOE at 10 CFR part 430, appendix 

A1, except that, for the GE products 

listed in paragraph (2) only: 

(A) The following definition is added 

at the end of Section 1: 

1.13 Variable anti-sweat heater 

control means an anti-sweat heater 

where power supplied to the device is 

determined by an operating condition 

variable(s) and/or ambient condition 

variable(s). 

(B) Section 2.2 is revised to read as 

follows: 

2.2 Operational conditions. The 

electric refrigerator or electric 

refrigerator-freezer shall be installed and 

its operating conditions maintained in 

accordance with HRF–1–1979, section 

7.2 through section 7.4.3.3, except that 

the vertical ambient temperature 

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 by performing 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 kilowatthours per day, shall be calculated 

equivalent to: EON = E + (Correction 

Factor) 

where E is determined by sections 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 defined in 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. GE 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. 


emcdonald on DSK2BSOYB1PROD with NOTICES
51264 Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Notices 

(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 August 11, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–20575 Filed 8–18–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–016] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to LG From 

the Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–016) 

that grants to LG Electronics, Inc. (LG) 

a waiver from the DOE electric 

refrigerator and refrigerator-freezer test 

procedure for certain basic models 

containing relative humidity sensors 

and adaptive control anti-sweat heaters. 

Under today’s decision and order, LG 

shall be required to test and rate its 

refrigerator-freezers with relative 

humidity sensors and adaptive control 

anti-sweat heaters using an alternate test 

procedure that takes this technology 

into account when measuring energy 

consumption. 

DATES: This Decision and Order is 

effective August 19, 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: 

Michael.Raymond@ee.doe.gov. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103, (202) 586–7796, E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants LG a 

waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedures in 10 CFR part 430, subpart 

B, appendix A1 for certain basic models 

of refrigerator-freezers with relative 

humidity sensors and adaptive control 

anti-sweat heaters, provided that LG 

tests and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

LG from making representations 

concerning the energy efficiency of 

these products unless the product has 

been tested consistent with the 

provisions and restrictions in the 

alternate test procedure set forth in the 

decision and order below, and the 

representations fairly disclose the test 

results. Distributors, retailers, and 

private labelers are held to the same 

standard when making representations 

regarding the energy efficiency of these 

products. 42 U.S.C. 6293(c). 

Issued in Washington, DC, on August 11, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: LG Electronics, Inc. 

(Case No. RF–016). 

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 of Title III includes definitions, 

test procedures, labeling provisions, 

energy conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

EPCA 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 

electric refrigerator and refrigeratorfreezer products covered under Part A. 

The test procedure for residential 

electric refrigerators and refrigeratorfreezers is contained in 10 CFR part 430, 

subpart B, appendix A1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when (1) the petitioner’s basic 

model contains one or more design 

characteristics that prevent testing 

according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

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

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

The waiver process also allows any 

interested person who has submitted a 

petition for waiver to file an application 

for interim waiver of the applicable test 

procedure requirements. 10 CFR 

430.27(a)(2). The Assistant Secretary 

will grant an interim waiver request if 

it is determined that the applicant will 

experience economic hardship if the 

interim waiver is denied, if it appears 

likely that the petition for waiver will be 

granted, and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the petition for 

waiver. 10 CFR 430.27(g). 

On April 20, 2010, LG 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. The products covered by 

the petition employ relative humidity 

sensors and adaptive control anti-sweat 

heaters, which detect and respond to 

temperature and humidity conditions, 

and then activate adaptive heaters as 

needed to evaporate excess moisture. 

LG’s petition was published in the 

Federal Register on June 18, 2010. 75 

FR 34726. 


emcdonald on DSK2BSOYB1PROD with NOTICES