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[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Notices]               
[Page 19959-19963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap10-56]                         

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-014]

 
Energy Conservation Program for Consumer Products: Notice of 
Petition for Waiver of Samsung Electronics America, Inc. From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure, and Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver, notice of grant of interim 
waiver, and request for comments.

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SUMMARY: This notice announces receipt of and publishes the Samsung 
Electronics America, Inc. (Samsung) 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. Today's notice also grants an 
interim waiver of the test procedures applicable to residential 
refrigerator-freezers to additional Samsung basic models. Through this 
document, DOE also solicits comments with respect to the Samsung 
petition.

DATES: DOE will accept comments, data, and information with respect to 
the Samsung petition until, but no later than May 17, 2010.

ADDRESSES: You may submit comments, identified by case number RF-014, 
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-014], and/or ``Samsung 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.
    Instructions: 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).
    Any person submitting written comments must also send a copy of 
such comments to the petitioner, pursuant to 10 CFR 431.401(d). The 
contact information for the petitioner is: Mr. Michael Moss, Samsung 
Electronics America, Inc., 18600 Broadwick St., Rancho Dominguez, CA 
90220, Phone: (310) 900-5245, E-mail: mikem@sea.samsung.com.
    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.
    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 waivers and rulemakings regarding 
similar central air conditioning and heat pump equipment. Please call 
Ms. Brenda Edwards at the above telephone number for additional 
information regarding visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: 
Michael.Raymond@ee.doe.gov.
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence 
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-
mail: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    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 which measure energy efficiency, energy use, or 
estimated operating costs, and that are not unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for residential 
refrigerators and refrigerator-freezers is contained in 10 CFR part 
430, subpart B, appendix A1.
    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

[[Page 19960]]

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 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)) 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 additionally 
180 days, if necessary. (10 CFR 430.27(h))
    On September 9, 2009, Samsung filed a petition for waiver and 
application for interim 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 adaptive anti-sweat heaters, which detect and respond 
to temperature and humidity conditions, and then activate adaptive 
heaters as needed to evaporate excess moisture. DOE published Samsung's 
petition for waiver for residential refrigerator-freezers with adaptive 
anti-sweat heaters, as well as its grant of interim waiver to Samsung 
for these products, in the Federal Register on December 15, 2009. 74 FR 
66340. DOE granted Samsung's petition for waiver on March 18, 2010 (75 
FR 13120).

II. Petition for Waiver

    On February 1, 2010, Samsung informed DOE in a petition dated 
January 20, 2010, that after it filed its petition for waiver in 
September 2009 it developed additional basic models with adaptive anti-
sweat heater technology. Samsung asserted that these new products 
function and operate the same way as the basic models listed in 
Samsung's September 2009 petition with respect to the properties that 
made those products eligible for a waiver. Therefore, Samsung requested 
that DOE add these models to the list of basic models for which the 
interim waiver was granted. In addition, Samsung requested that DOE 
grant a new waiver for these additional basic models. The following 
additional products are covered by the January 2010 waiver request:
    RB***H***, RF***H***, RF***H***, RS***H***, 
RS***H***.
    The additional basic models of refrigerators and refrigerator-
freezers 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. 
Samsung'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 January 28, 2010 (75 FR 4539), 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); and Electrolux's waiver was 
granted on March 11, 2010 (75 FR 11530). Samsung seeks 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 technology into account. Therefore, 
Samsung stated that the test procedure does not accurately measure the 
energy consumption of Samsung's new refrigerators and refrigerator-
freezers that feature variable anti-sweat heater controls and adaptive 
heaters.
    DOE notes that Samsung's January 2010 petition to extend its 
interim waiver and petition for waiver also includes an alternate test 
procedure for testing products equipped with adaptive anti-sweat 
heaters. The alternate test procedure submitted in the January 2010 
petition is identical to the one contained in Samsung's September 9, 
2009 petition. The alternate test procedure is the same in all relevant 
particulars as that prescribed for GE, Whirlpool, and Electrolux 
refrigerators and refrigerator-freezers that are equipped with the same 
type of technology. The alternate test procedure applicable to the GE, 
Whirlpool, and Electrolux products simulates the energy used by the 
adaptive heaters in a typical consumer household, as explained in the 
GE 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

    Samsung also requests an interim waiver for these additional basic 
models. 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 Samsung'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 Samsung might experience absent a favorable determination on 
its application for interim waiver. DOE understands that absent an 
Interim Waiver, however, Samsung's products would not be tested and 
rated for energy consumption on a comparable basis with equivalent GE, 
Whirlpool, and Electrolux products where DOE previously granted 
waivers, and would be required to represent a higher energy consumption 
for essentially the same product. DOE also determined that it appears 
likely that Samsung's petition for waiver will be granted and that it 
is desirable for public policy reasons to grant Samsung immediate 
relief pending a determination on the petition for waiver. As stated 
above, DOE has already granted similar waivers to GE, Whirlpool, and 
Electrolux 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 Samsung, 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. In sum, Samsung seeks a waiver that is very similar 
to the ones DOE granted to GE, Whirlpool, and Electrolux for the same 
sensors and controls and alternate test procedure.
    For the reasons stated above, DOE grants Samsung's application for 
interim waiver from testing of the additional

[[Page 19961]]

basic models of refrigerators and refrigerator-freezers containing 
relative humidity sensors and adaptive control anti-sweat heaters. 
Therefore, it is ordered that:
    The Application for interim waiver filed by Samsung is hereby 
granted for Samsung's additional basic models of refrigerators and 
refrigerator-freezers containing relative humidity sensors and adaptive 
control anti-sweat heaters, subject to the specifications and 
conditions below.
    1. Samsung shall not be required to test or rate the additional 
basic models of refrigerators and refrigerator-freezers containing 
relative humidity sensors and adaptive control anti-sweat heaters on 
the basis of the test procedure under 10 CFR part 430 subpart B, 
appendix A1.
    2. Samsung shall be required to test and rate the additional basic 
models of refrigerators and refrigerator-freezers 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:
    RB***H***, RF***H***, RF***H***, RS***H***, 
RS***H***.
    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.

III. Alternate Test Procedure

    For the duration of the interim waiver, Samsung shall be required 
to use the test procedures for electric refrigerator-freezers 
prescribed by DOE at 10 CFR Part 430, Appendix A1, except that, for the 
Samsung 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 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 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 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

IV. Summary and Request for Comments

    The Department has reviewed Samsung's petition and its request to 
extend its interim waiver to additional models. The additional models 
contain the same anti-sweat heater controls and relative humidity 
sensors as the models listed in Samsung's September 2009 petition. The 
alternate test procedure is also valid for these additional models. 
Given that the basis for granting an interim waiver to the additional 
basic models is the same as the basis for granting the interim waiver 
for the models listed in Samsung's September 2009 petition, DOE finds 
that it is appropriate to grant an interim waiver for the additional 
models listed in this petition. Accordingly, DOE extends the prior 
grant of interim waiver to the models listed in this petition.
    Through today's notice, DOE announces receipt of Samsung's petition 
for waiver from certain parts of the test procedure that apply to 
additional basic models of refrigerators and refrigerator-freezers with 
variable anti-sweat heater controls and adaptive heaters manufactured 
by Samsung. DOE is publishing Samsung'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 Samsung's specified refrigerators and refrigerator-
freezers with adaptive anti-sweat heaters. DOE is interested in 
receiving 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, whose contact information is included in 
the ADDRESSES section above.

    Issued in Washington, DC, on April 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

January 20, 2010

Catherine Zoi, Energy Efficiency and Renewable Energy, Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585

Subject: Petition for Waiver and Application for Interim Waiver, 
Samsung Refrigerator-Freezers with Adaptive Anti-Sweat Heaters

    Dear Assistant Secretary Zoi: Samsung Electronics America, Inc., a 
subsidiary of Samsung Electronics Co., Ltd. (Samsung), respectfully 
submits this Petition for Waiver and Application for Interim Waiver to 
the Department of Energy (DOE) for refrigerator-freezer

[[Page 19962]]

models incorporating adaptive anti-sweat heater technologies, pursuant 
to 10 CFR Part 430.27.
    The 10 CFR Part 430.27(a)(1) allows a person to submit a petition 
to waive for a particular basic model any requirements of Sec.  430.23 
upon the grounds that the basic model contains one or more design 
characteristics which either prevent testing of the basic model 
according to the prescribed test procedures, or the prescribed test 
procedures may evaluate the basic model in a manner so unrepresentative 
of its true energy consumption characteristics as to provide materially 
inaccurate comparative data. Additionally, 10 CFR Part 430.27(b)(2) 
allows an applicant to request an Interim Waiver if economic hardship 
and/or competitive disadvantage is likely to result absent a favorable 
determination on the Application for Interim Waiver.

Reasoning

    Samsung designed refrigerator-freezers with anti-sweat heater 
technologies that react according to different ambient conditions such 
as humidity and temperature. This anti-sweat technology allows the 
heater to variably activate depending on relative ambient humidity 
levels. Samsung believes that the current test procedure, Appendix A1 
to Subpart B of Part 430, prevents Samsung from accurately evaluating 
its refrigerator-freezers that feature this adaptive anti-sweat heater 
technology. The models requested in this Application and Petition have 
the same anti-sweat designs as other Samsung models which the 
Department had granted an Interim Waiver \1\ for.
---------------------------------------------------------------------------

    \1\ 74 FR 66340.
---------------------------------------------------------------------------

    Samsung's adaptive anti-sweat heater technology is similar to that 
used by General Electric Company (GE) and Whirlpool Corporation 
(Whirlpool) for refrigerator-freezers which were the subject of 
Petitions for Waiver published April 17, 2007 and July 10, 2008, 
respectively. 72 FR 19189; 73 FR 39684. GE's waiver was granted on 
February 27, 2008. 73 FR 10425. Whirlpool's waiver was granted on May 
5, 2009. 74 FR 20695.
    The current testing method prescribes that the refrigerator-freezer 
be tested without any prescription for humidity levels. Lacking the 
prescription of a humidity level, current refrigerator-freezers employ 
an anti-sweat technology that engages at predetermined intervals to 
prevent moisture build-up according to an assumed, fixed algorithm. 
Lacking the proper sensors to effectively detect and engage the heater 
at specific dew points, a general assumption is made for the scheduled 
activation of anti-sweat heaters. General assumptions and timed action 
sequences are inefficient methods to control condensation; the adaptive 
anti-sweat heater technology will take the guesswork out of anti-sweat 
heater activation and will base activation on real-time environment 
conditions for the purpose of energy efficiency.
    Since adaptive anti-sweat heater technology was not available 
during the development stage of the current DOE requirements, and since 
the existing requirements do not fairly represent energy consumption 
for refrigerator-freezers containing this technology, an exception 
relief is warranted.

Test Method

    In a manner similar to GE in their Petition \2\, Samsung proposes 
to run the energy-consumption test with the anti-sweat heater switch in 
the ``off'' position and then, because the test chamber is not 
humidity-controlled, to add to that result the kilowatt hours per day 
derived by calculating the energy used when the anti-sweat heater is in 
the ``on'' position.
---------------------------------------------------------------------------

    \2\ 72 FR 19189.
---------------------------------------------------------------------------

    ``[GE] in an effort to establish a national average of energy used 
by a variably controlled anti-sweat heater, the population-weighted 
humidity values were grouped into 10 bands, each with a range of 10% 
relative humidity. The table below sets out the percent probability 
that any U.S. household will experience the listed average humidity 
conditions during any month of the year.'' Those 10 bands are as 
follows:

------------------------------------------------------------------------
                                                            Constant
                % RH                   Probability (%)     designation
------------------------------------------------------------------------
1. 0-10.............................               3.4                A1
2. 10-20............................              21.1                A2
3. 20-30............................              20.4                A3
4. 30-40............................              16.6                A4
5. 40-50............................              12.6                A5
6. 50-60............................              11.9                A6
7. 60-70............................               6.9                A7
8. 70-80............................               4.7                A8
9. 80-90............................               0.8                A9
10. 90-100..........................               1.5               A10
------------------------------------------------------------------------

    Similar to GE, Samsung determined that additional energy required 
to operate the anti-sweat heater control and related components, and 
the additional energy required to increase compressor run time to 
remove heat introduced into the refrigerator compartments by the anti-
sweat heater have a ``system-loss factor''. Samsung has also determined 
that this ``system-loss factor'' is 1.3. Therefore, Samsung proposes 
that the energy consumption results should be calculated with the anti-
sweat heater switch in the ``off'' position and with the correction 
factor taken into account. The correction factor should be as follows:

Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hours/1 day) x (1 kW/1000 W)

    The national average power in watts used by the anti-sweat heaters 
is then calculated by totaling the product of constants A1-A10 
multiplied by the respective heater watts used by a refrigerator 
operating in the median percent relative humidity for that band and 
standard refrigerator conditions: ambient temperature of 72 [deg]F, 
fresh food (FF) average temperature of 45 [deg]F, and freezer (FZ) 
average temperature of 5 [deg]F.

Anti-sweat Heater Power = A1 * (Heater Watts at 5% RH) + A2 * (Heater 
Watts at 15% RH) + A3 * (Heater Watts at 25% RH) + A4 * (Heater Watts 
at 35% RH) + A5 * (Heater Watts at 45% RH) + A6 * (Heater Watts at 55% 
RH) + A7 * (Heater Watts at 65% RH) + A8 * (Heater Watts at 75% RH) + 
A9 * (Heater Watts at 85% RH) + A10 * (Heater Watts at 95% RH)


[[Page 19963]]


    Samsung requests that DOE prescribe an alternate test procedure, 
whereby the test procedure were modified to calculate the energy of the 
unit by testing the unit with the anti-sweat heaters in the ``on'' 
position as equal to the energy of the unit tested with the anti-sweat 
heaters in the ``off'' position plus the Anti-Sweat Heater Power times 
1.3, similar to those prescribed within waivers granted to GE \3\ and 
Whirlpool,\4\ to allow Samsung to accurately evaluate the energy 
consumption for the following Samsung refrigerator-freezer models:
---------------------------------------------------------------------------

    \3\ 73 FR 10425.
    \4\ 74 FR 20695.

RB***H***
RF***H***
RF***H***
RS***H***
RS***H***

Conclusion

    On the grounds that current test methods for refrigerator-freezers 
will result in inaccurate evaluation of energy consumption, Samsung 
requests that, until a final rule prescribing a test method for 
adaptive anti-sweat heater technologies, a waiver is granted for 
Samsung refrigerator-freezer models which utilize adaptive anti-sweat 
heater technologies.
    By granting Samsung the requested waiver and interim waiver, DOE 
will ensure that advancements in technologies are not hindered by 
regulations, and that similar products are tested and rated for energy 
consumption on a comparable basis.

Affected Persons

    Primarily affected persons in the refrigerator-freezer category 
include BSH Home Appliances Corp. (Bosch- Siemens Hausgerate GmbH), 
Electrolux Home Products, Equator, Fisher & Paykel Appliances Inc., GE 
Appliances, Haier America Trading, L.L.C., Heartland Appliances, Inc., 
Kelon Electrical Holdings Co., Ltd., Liebherr Hausgerate, LG 
Electronics Inc., Northland-Marvel, Sanyo Fisher Company, Sears, Sub-
Zero Freezer Company, U-Line, Viking Range, W. C. Wood Company, and 
Whirlpool Corporation.
    The Association of Home Appliance Manufacturers is also generally 
interested in energy efficiency requirements for appliances, including 
refrigerator-freezers. Samsung will notify all these entities as 
required by the Department's rules and provide them with a version of 
this Petition.

 Sincerely,

Michael Moss,
Senior Manager.

[FR Doc. 2010-8772 Filed 4-15-10; 8:45 am]
BILLING CODE 6450-01-P
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