Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26853 

1This part was originally titled Part B; however, 

it was redesignated Part A after Part B was repealed 

by Public Law 109–58. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–13002 Filed 6–3–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–009] 

Energy Conservation Program for 

Consumer Products: Publication of the 

Petition for Waiver and Notice of 

Granting the Application for Interim 

Waiver of Electrolux 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 Electrolux Home 

Products, Inc. (Electrolux) Petition for 

Waiver (hereafter, ‘‘Petition’’) from parts 

of the Department of Energy (DOE) test 

procedure for determining the energy 

consumption of electric refrigerators 

and refrigerator-freezers. The waiver 

request pertains to Electrolux’s specified 

French door bottom-mount residential 

refrigerators and refrigerator-freezers, a 

product line that utilizes a control logic 

that changes the wattage of the antisweat heaters based upon the ambient 

relative humidity conditions in order to 

prevent condensation. The existing test 

procedure does not take humidity or 

adaptive control technology into 

account. Therefore, Electrolux has 

suggested an alternate test procedure 

that takes adaptive control technology 

into account when measuring energy 

consumption. DOE is soliciting 

comments, data, and information 

concerning Electrolux’s Petition and the 

suggested alternate test procedure. DOE 

is also publishing notice of its March 3, 

2009 grant of an interim waiver to 

Electrolux. Subsequently, DOE received 

a request from Electrolux to expand the 

scope of its interim waiver to four 

additional products. DOE has decided to 

grant this request. 

DATES: DOE will accept comments, data, 

and information with respect to 

Electrolux’s Petition until, but no later 

than July 6, 2009. 

ADDRESSES: You may submit comments, 

identified by case number [RF–009], 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 [RF– 

009], and/or ‘‘Electrolux Petition’’ in the 

subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Petition for Waiver Case No. RF–008, 

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 

Exchange (ASCII)) file format. Avoid the 

use of special characters or any form of 

encryption. Wherever possible, include 

the electronic signature of the author. 

Absent an electronic signature, 

comments submitted electronically 

must be followed and authenticated by 

submitting the signed original paper 

document. DOE does not accept 

telefacsimiles (faxes). 

Pursuant to section 430.27(b)(1)(iv) of 

10 CFR Part 430, any person submitting 

written comments must also send a 

copy of the comments to the petitioner. 

The contact information for the 

petitioner is: Ms. Sheila A. Millar, 

Keller and Heckman, LLP, 1001 G 

Street, NW., Washington, DC 20001. 

Telephone: (202) 434–4100. E-mail: 

millar@khlaw.com. 

Under 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: 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 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) 586–9127, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards at (202) 

586–2945 for additional information 

regarding visiting the Resource Room. 

Please note that the DOE’s Freedom of 

Information Reading Room (formerly 

Room 1E–190 in the Forrestal Building) 

is no longer housing rulemaking 

materials. 

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, (202) 586– 

9611. E-mail: 

Michael.Raymond@ee.doe.gov. 

Ms. Francine Pinto or Mr. Michael 

Kido, U.S. Department of Energy, Office 

of the General Counsel, Mailstop GC–72, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–9507. E-mail: 

Francine.Pinto@hq.doe.gov or 

Micael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

II. Petition for Waiver 

III. Application for Interim Waiver 

IV. Alternate Test Procedure 

V. Summary and Request for Comments 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (‘‘EPCA’’) sets forth a 

variety of provisions concerning energy 

efficiency. Part A1 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 refrigeratorfreezers 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 

26854 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

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(a)(1). Petitioners must include in 

their petition any alternate test 

procedures known 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). In general, waivers remain in 

effect until the effective date of a final 

rule which prescribes amended test 

procedures appropriate to the model 

series manufactured by the petitioner, 

thereby eliminating any need for the 

continuation of the waiver. 10 CFR Part 

430.27(m). 

II. Petition for Waiver 

On November 6, 2008, Electrolux 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. Electrolux 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, Electrolux’s 

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. 

Electrolux 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, 

Electrolux stated that the test procedure 

does not accurately measure the energy 

consumption of Electrolux’s new 

refrigerators and refrigerator-freezers 

that feature variable anti-sweat heater 

controls and adaptive heaters. 

Consequently, Electrolux 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. 

Electrolux’s alternate test procedure is 

essentially the same as that prescribed 

for GE refrigerators and refrigeratorfreezers (and petitioned for by 

Whirlpool) that are equipped with the 

same type of technology. The alternate 

test procedure applicable to the GE 

products simulates the energy used by 

the adaptive heaters in a typical 

consumer household, as explained in 

the Decision and Order which DOE 

published in the Federal Register on 

February 27, 2008. 73 FR 10425. 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. 

III. Application for Interim Waiver 

The Electrolux Petition also requests 

an 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)) 

In view of the above, Electrolux’s 

Application for Interim Waiver does not 

provide sufficient information to permit 

DOE to evaluate the economic hardship 

Electrolux might experience absent a 

favorable determination on its 

Application for Interim Waiver. Public 

policy would tend to favor granting 

Electrolux an Interim Waiver, pending 

determination of the Petition for Waiver. 

On February 27, 2008, DOE granted the 

General Electric Company (GE) a waiver 

from the refrigerator-freezer test 

procedure because it takes neither 

ambient humidity nor adaptive 

technology into account. 73 FR 10425. 

The test procedure would not accurately 

represent the energy consumption of 

refrigerator-freezers containing relative 

humidity sensors and adaptive control 

anti-sweat heaters. This argument is 

equally applicable to Electrolux, which 

has products containing similar relative 

humidity sensors and anti-sweat 

heaters. Electrolux is seeking a very 

similar waiver to the one DOE granted 

to GE, with the same alternate test 

procedure, and it is very likely 

Electrolux’s Petition for Waiver will be 

granted. 

Therefore, in light of the recent 

waiver to GE that DOE granted on 

March 3, 2009, Electrolux’s application 

for Interim Waiver from testing of its 

refrigerator-freezer product line 

containing relative humidity sensors 

and adaptive control anti-sweat heaters 

is also granted. Electrolux subsequently 

requested that DOE expand the Interim 

Waiver to cover four additional 

products. For the same reasons it 

granted the interim waiver, DOE is 

extending coverage of that waiver to 

these additional products. This granting 

of Interim Waiver may be modified at 

any time upon a determination that the 

factual basis underlying the application 

is incorrect. 

III. Alternate Test Procedure 

Electrolux’s new line of refrigerators 

and refrigerator-freezers contains 

sensors that detect ambient humidity 

and interact with controls that vary the 

effective wattage of anti-sweat heaters to 

evaporate excess moisture. The existing 

DOE test procedure cannot be used to 

calculate the energy consumption of 

these features. The variable anti-sweat 

heater contribution to the refrigerator’s 

energy consumption is entirely 

dependent on the ambient humidity of 

the test chamber, which the DOE test 

procedure does not specify. The energy 

consumption of the anti-sweat heaters 

will be modeled and added to the 

energy consumption measured with the 

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

energy consumption will be calculated 

by the same methodology that was set 

forth in the GE Petition. For units with 

an energy saver switch, the energy test 

results with and without the added 

heater contribution would be averaged 

to produce the final energy number for 

the product. For those units that do not 

include an energy saver switch, the final 

energy number would be equal to the 

test result of the heater-disabled test 

plus the added heater contribution. 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 temperatures and 

humidities 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, Electrolux is using 

the same data compiled by GE for its 

determination of the anti-sweat heater 

energy use. Like GE and Whirlpool, 

Electrolux includes in its test procedure 

a ‘‘system-loss factor’’ to calculate 

system losses attributed to operating 

anti-sweat heaters, controls, and related 

components. 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26855 

1 10 CFR 430.27(l). 

2 10 CFR Part 430, Subpart B, App. A1. 

3Energy Conservation Program for Consumer 

Products: Granting of the Application for Interim 

Waiver and Publishing of the Petition for Waiver of 

Electrolux Home Products from the DOE 

Refrigerator and Refrigerator-Freezer Test 

Procedure (Case No. RF–005), 66 FR 40,689 (Aug. 

3, 2001). 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of Electrolux’s 

Petition for Waiver from certain parts of 

the test procedure applicable to 

Electrolux’s new line of refrigerators 

and refrigerator-freezers with variable 

anti-sweat heater controls and adaptive 

heaters. DOE is publishing Electrolux’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 Electrolux’s 

specified refrigerators and refrigeratorfreezers 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 May 27, 

2009. 

Steven G. Chalk, 

Principal Deputy Assistant Secretary, Energy 

Efficiency and Renewable Energy. 

November 5, 2008 

Via Overnight Delivery 

The Honorable John F. Mizroch, 

Acting Assistant Secretary, Office of 

Energy Efficiency and Renewable 

Energy, U.S. Department of Energy, 

Mail Station EE–10, Forrestal 

Building, 1000 Independence 

Avenue, SW., Washington, DC 

20585–0121. 

Re: Petition for Waiver and Application 

for Interim Waiver from the 

Department of Energy Residential 

Refrigerator and RefrigeratorFreezer Test Procedures by 

Electrolux Home Products, Inc. 

Dear Secretary Mizroch: 

On behalf of our client, Electrolux 

Home Products, Inc. (‘‘Electrolux’’), we 

respectfully submits this Petition for 

Waiver and Application for interim 

Waiver requesting exemption by the 

Department of Energy from certain parts 

of the test procedure for determining 

refrigerator-freezer energy consumption 

under 10 CFR 430.27. The requested 

waiver will allow Electrolux to test its 

refrigerator-freezer to the amended 

procedure set out by this petition. 

This petition for waiver contains no 

confidential business information and 

may be released pursuant to Freedom of 

Information Act requests. 

I. Background 

Electrolux seeks the Department’s 

approval of this proposed amendment to 

the refrigerator test procedure to be 

assured of properly calculating the 

energy consumption and properly 

labeling its new refrigerator. Recently, 

General Electric Corporation (‘‘GE’’) and 

Electrolux Corporation (‘‘Electrolux’’) 

each filed Petitions for Waiver to 

establish a new methodology to 

calculate the energy consumption of a 

refrigerator-freezer when such a product 

contains adaptive anti-sweat heaters. 

Electrolux has developed its own 

adaptive anti-sweat system that uses a 

humidity sensor to operate the antisweat heaters. Electrolux could have 

designed the system so that the antisweat heaters showed no impact during 

energy testing. However, like GE and 

Electrolux, Electrolux is following the 

intent of the regulations to more 

accurately represent the energy 

consumed by the new refrigerator when 

used in the home. Accordingly, 

Electrolux is filing this Petition for 

Waiver to appropriately modify the 

relevant portions of the DOE 

regulations. 

The Department’s regulations provide 

that the Assistant Secretary will grant a 

petition for waiver upon ‘‘determination 

that the basic model for which the 

waiver was requested contains a design 

characteristic which either prevents 

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.’’ 1

Electrolux respectfully submits that 

sufficient grounds exist for the Assistant 

Secretary to grant this Petition on both 

points. First, the refrigerator energy test 

procedure does not allow the energy 

used by Electrolux’s new refrigerator to 

be accurately calculated. The new 

refrigerator contains adaptive anti-sweat 

heaters (i.e., anti-sweat heaters that 

respond to humidity conditions found 

in consumers’ homes). Since the test 

conditions specified by the test 

procedure neither define required 

humidity conditions nor otherwise take 

ambient humidity conditions into 

account in calculating energy 

consumption, the adaptive feature of 

Electrolux’s new refrigerator cannot be 

properly tested. 

Second, testing Electrolux’s new 

refrigerator according to the test 

procedure would provide results that do 

not accurately measure the energy used 

by the new refrigerator. 

II. The Refrigerator Energy Test 

Procedure 

The test procedure for calculating 

energy consumption specifies that the 

test chamber must be maintained at 90° 

Fahrenheit (‘‘F’’).2 This ambient 

temperature is not typical of conditions 

in most consumers’ homes. Rather, it is 

intended to simulate the heat load of a 

refrigerator in a 70° F ambient 

temperature with typical usage by the 

consumer. But the test procedure does 

not specify test chamber humidity 

conditions. Sweat occurs on 

refrigerators when specific areas on the 

unit are below the local dew point. 

Higher relative humidity levels result in 

an increase of the dew point. Sweat has 

been addressed by installing anti-sweat 

heaters on mullions and other locations 

where sweat accumulates. Previous antisweat heaters operated at a fixed 

amount of power, and turned on or off 

regardless of the humidity or amount of 

sweat on the unit. 

III. Electrolux’s Proposed Modifications 

The circumstances of this petition are 

similar to those in the Department’s 

earlier decisions granting waiver 

petitions, including the 2001 waiver 

granted in In the Matter of Electrolux 

Home Appliances.3 The test procedure 

at issue in Electrolux’s 2001 waiver 

request was originally developed when 

simple mechanical defrost timers were 

the norm. Accordingly, Electrolux 

sought a test procedure waiver to 

accommodate its advanced defrost 

timer. The Assistant Secretary, in 

granting the waiver, acknowledged the 

role of technology advances in 

evaluating the need for test procedure 

waivers. With this current petition, 

Electrolux again seeks to change how it 

tests its new models to take into account 

advances in sensing technology, i.e., 

sensors that detect temperature and 

humidity conditions and interact with 

controls to vary the effective wattage of 

anti-sweat heaters to evaporate excess 

sweat. 

The Electrolux models, with the new 

anti-sweat technology, subject to this 

Petition are: 

26856 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

4Publication of the Petition for Waiver of General 

Electric Company From the Department of Energy 

Refrigerator and Refrigerator/Freezer Test 

Procedures, 72 FR 19,189 (Apr. 17, 2007); 

Publication of the Petition for Waiver of Electrolux 

Corporation From the Department of Energy 

Refrigerator and Refrigerator/Freezer Test 

Procedures, 73 FR 39,684 (July 10, 2008). 

EI28BS55IW, EI28BS55IB, EI28BS55IS, 

EW28BS70IW, EW28BS70IB, 

EW28BS70IS, EI23BC55IW, 

EI23BC55IB, EI23BC55IS, 

EW23BC70IW, EW23BC70IB, 

EW23BC70IS, E23BC78ISS, 

E23BC78PIS. 

Electrolux proposes to run the energyconsumption 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. This contribution will be 

calculated by the same method that was 

proposed by GE and Electrolux in their 

Petitions for Waiver.4 The objective of 

the proposed approach is to simulate 

the average energy used by the adaptive 

anti-sweat heaters as activated in typical 

consumer households across the United 

States. 

In formulating its Petition, GE 

conducted research to determine the 

average humidity level experienced 

across the United States. The result of 

this research was that GE was able to 

determine the probability that any U.S. 

household would experience certain 

humidity conditions during any month 

of the year. This data was consolidated 

into 10 bands each representing a 10% 

range of relative humidity. In submitting 

this Petition, Electrolux is confirming 

the validity of using such bands to 

represent the average humidity 

experienced across the United States 

and will adopt the same population 

weighting as proposed by GE. The bands 

proposed by GE are as follows: 

% Relative 

humidity 

Probability 

(percent) 

Constant 

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 ................................................................................................................................................... 70–60 4.7 A8 

9 ................................................................................................................................................... 80–90 0.8 A9 

10 ................................................................................................................................................. 90–100 1.5 A10 

Since system losses are involved with 

operating anti-sweat heaters, Electrolux 

proposes to include in the calculation a 

factor to account for such energy. This 

additional energy includes the electrical 

energy required to operate the antisweat 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 antisweat heater. Based on Electrolux’s 

experience, this ‘‘System-loss Factor’’ is 

1.3. Simply stated, the Correction Factor 

that Electrolux proposes to add to the 

energy-consumption test results 

obtained with the anti-sweat heater 

switch in the ‘‘off’’ position is 

calculated as follows: 

Correction Factor = (Anti-sweat Heater 

Power × System-loss Factor) × (24 

hours/1 day) × (1 kW/1000 W) 

Continue by calculating the national 

average power in watts used by the antisweat heaters. This is done 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 the following standard 

refrigerator conditions: 

• Ambient temperature of 72 °F, 

• Fresh food (FF) average temperature 

of 45 °F; and 

• Freezer (FZ) average temperature of 

5 °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) 

As explained above, bands A1–A10 

were selected as representative of 

humidity conditions in all U.S. 

households. Utilizing such weighed 

bands will allow the calculation of the 

national average energy consumption 

for each product. 

Based on the above, Electrolux 

proposes to test its new models as if the 

test procedure were modified to 

calculate the energy of 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 the System Loss Factor 

(expressed in KWH/YR). 

IV. Conclusion 

Electrolux urges the Assistant 

Secretary to grant its Petition for Waiver 

and allow Electrolux to test its new 

refrigerator models as noted above. 

Granting Electrolux’s Petition for 

Waiver will encourage the introduction 

of advanced technologies while 

providing proper consideration of 

energy consumption. 

V. Affected Persons 

Primarily affected persons in the 

refrigerator-freezer category include 

BSH Home Appliances Corp. (BoschSiemens Hausgerate GmbH), Equator, 

Fisher & Paykel Appliances Inc., GE 

Appliances, Gorenje USA, Haier 

America Trading, L.L.C., Heartland 

Appliances, Inc., Kelon Electrical 

Holdings Co., Ltd., Liebherr Hausgerate, 

LG Electronics Inc., Northland 

Corporation, Samsung Electronics 

America, Inc., Sanyo Fisher Company, 

Sears, Sub-Zero Freezer Company, ULine, Viking Range, W. C. Wood 

Company, and Electrolux Corporation. 

The Association of Home Appliance 

Manufacturers is also generally 

interested in energy efficiency 

requirements for appliances, including 

freezers. Electrolux will notify all these 

entities as required by the Department’s 

rules and provide them with a version 

of this Petition. 

Sincerely, 

Sheila A. Millar. 

cc: Michael Raymond, DOE Office of Energy 

Efficiency and Renewable Energy 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26857 

1 10 CFR 430.27(l). 

2 10 CFR 430.27(g). 

3 General Electric Corporation (‘‘GE’’) and 

Whirlpool Corporation (‘‘Whirlpool’’) each filed 

Petitions for Waiver to establish a new methodology 

to calculate the energy consumption of a 

refrigerator-freezer when such a product contains 

adaptive anti-sweat heaters. 

4 10 CFR 430.27(m). 

5 10 CFR Part 430, Subpart B, App. A1. 

March 24, 2009 

Via Electronic and Overnight Delivery 

Assistant Secretary for Conservation and 

Renewable Energy, U.S. Department 

of Energy, Mail Station EE–10, 

Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Re: Request by Electrolux Home 

Products, Inc. to Expand Coverage 

of Interim Waiver and Petition for 

Waiver From the Department of 

Energy Residential Refrigerator and 

Refrigerator-Freezer Test 

Procedures 

Dear Assistant Secretary: 

We write to respectfully request an 

expansion of the March 3, 2009, Interim 

Waiver you granted our client, 

Electrolux Home Products, Inc. 

(‘‘Electrolux’’) to include four additional 

residential refrigerator-freezer models. 

We also request the incorporation of 

these four models into the Electrolux 

Petition for Waiver, which we 

understand is still under review by your 

office, and has not yet been published 

for public review and comment in the 

Federal Register. The four Electrolux 

residential refrigerator-freezer models 

listed below contain the same or similar 

relative humidity sensors and adaptive 

control anti-sweat heaters for which the 

Department of Energy (‘‘Department’’ or 

‘‘DOE’’) recently granted Electrolux the 

enclosed Interim Waiver from the test 

procedures at 10 CFR part 430, subpart 

B, appendix A1: 

EI28BS56IW/B/S, EW28BS71IW/B/S, 

EI23BC56IW/B/S, EW23BC71IW/B/S 

This document contains no 

confidential business information and 

may be released pursuant to Freedom of 

Information Act requests. 

The Department’s regulations provide 

that the Assistant Secretary will grant a 

Petition for Waiver upon 

‘‘determination that the basic model for 

which the waiver was requested 

contains a design characteristic which 

either prevents 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.’’ 1 In 

addition, the Assistant Secretary will 

grant an Interim Waiver ‘‘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 on the Petition 

for Waiver.’’ 2

Although Electrolux would not 

experience economic hardship without 

a waiver of the test procedures—indeed, 

the alternate test procedure imposes an 

energy penalty—the DOE letter granting 

the Electrolux Interim Waiver 

recognized that: 

* * * public policy would favor 

granting Electrolux an Interim Waiver, 

pending determination of the Petition 

for Waiver. On February 27, 2008, DOE 

granted the General Electric Company 

(‘‘GE’’) a waiver from the refrigeratorfreezer test procedure because it takes 

neither ambient humidity nor adaptive 

technology into account. 73 FR 10425. 

The test procedure would not accurately 

represent the energy consumption of 

refrigerator-freezers containing relative 

humidity sensors and adaptive control 

anti-sweat heaters. This argument is 

equally applicable to Electrolux, which 

has products containing similar relative 

humidity sensors and anti-sweat 

heaters. Electrolux is seeking a very 

similar waiver to the one DOE granted 

to GE, with the same alternate test 

procedure, and it is very likely 

Electrolux’s Petition for Waiver will be 

granted. 

As Electrolux noted in its December 

15, 2008, Petition for Waiver and 

Application for Interim Waiver, the 

Company could have designed its 

adaptive anti-sweat system so that the 

anti-sweat heaters showed no impact 

during energy testing. However, like GE 

and Whirlpool Corporation, Electrolux 

is following the intent of the regulations 

to more accurately represent the energy 

consumed by the new refrigerators 

when used in the home.3 Accordingly, 

Electrolux respectfully submits that 

sufficient grounds exist for the Assistant 

Secretary to include the four additional 

models listed above as part of the March 

3, 2009 Interim Waiver and Petition for 

Waiver on both points. 

First, the refrigerator energy test 

procedure does not allow the energy 

used by the above-referenced Electrolux 

models to be accurately calculated. 

These new models contain adaptive 

anti-sweat heaters (i.e., anti-sweat 

heaters that respond to humidity 

conditions found in consumers’ homes). 

Since the test conditions specified by 

the test procedure neither define 

required humidity conditions nor 

otherwise take ambient humidity 

conditions into account in calculating 

energy consumption, the adaptive 

feature of Electrolux’s new refrigerators 

cannot be properly tested. Second, 

testing Electrolux’s new refrigerators 

according to the test procedure would 

provide results that do not accurately 

measure the energy used by the new 

refrigerator. In addition, the DOE 

regulations make clear that once a 

waiver has been granted, the 

Department must take steps to 

incorporate the new procedure and 

eliminate the need for continuing 

waivers: 

Within one year of the granting of any 

waiver, the Department of Energy will 

publish in the Federal Register a notice 

of proposed rulemaking to amend its 

regulations so as to eliminate any need 

for the continuation of such waiver. As 

soon thereafter as practicable, the 

Department of Energy will publish in 

the Federal Register a final rule. Such 

waiver will terminate on the effective 

date of such final rule.4

Requiring Electrolux to submit a 

separate Petition for Waiver and 

Application for Interim Waiver for the 

identical technology which was granted 

in an Interim Waiver a bit more than 

two weeks ago, and for which the 

Department has indicated ‘‘it is very 

likely Electrolux’s Petition for Waiver 

will be granted’’ at a minimum violates 

the spirit of this provision and is 

inconsistent with advancing sound 

energy testing objectives. 

The Refrigerator Energy Test Procedure 

The test procedure for calculating 

energy consumption specifies that the 

test chamber must be maintained at 90° 

Fahrenheit (‘‘F’’).5 This ambient 

temperature is not typical of conditions 

in most consumers’ homes. Rather, it is 

intended to simulate the heat load of a 

refrigerator in a 70° F ambient with 

typical usage by the consumer. But the 

test procedure does not specify test 

chamber humidity conditions. Sweat 

occurs on refrigerators when specific 

areas on the unit are below the local 

dew point. Higher relative humidity 

levels result in an increase of the dew 

point. Sweat has been addressed by 

installing anti-sweat heaters on 

mullions and other locations where 

sweat accumulates. Previous anti-sweat 

heaters operated at a fixed amount of 

power, and turned on or off regardless 

26858 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

6Publication of the Petition for Waiver of General 

Electric Company From the Department of Energy 

Refrigerator and Refrigerator/Freezer Test 

Procedures, 72 FR 19,189 (Apr. 17, 2007); 

Publication of the Petition for Waiver of Whirlpool 

Corporation From the Department of Energy 

Refrigerator and Refrigerator/Freezer Test 

Procedures, 73 FR 39,684 (July 10, 2008). 

of the humidity or amount of sweat on 

the unit. 

Test Procedure Modifications From the 

Electrolux Interim Waiver 

The adaptive anti-sweat system in the 

four Electrolux models referenced above 

are identical or similar to those 

addressed by the March 3, 2009 Interim 

Waiver. Allowing Electrolux to test 

these models using the Alternate Test 

Procedure specified in the Interim 

Waiver would ensure Electrolux energy 

efficiency tests take into account 

advances in sensing technology, i.e., 

sensors that detect temperature and 

humidity conditions and interact with 

controls to vary the effective wattage of 

anti-sweat heaters to evaporate excess 

sweat consistent with the same method 

DOE has approved in connection with 

the Electrolux Interim Waiver and 

waivers granted to other 

manufacturers.6 The objective of the 

proposed approach is to simulate the 

average energy used by the adaptive 

anti-sweat heaters as activated in typical 

consumer households across the United 

States. 

Conclusion 

Electrolux urges the Assistant 

Secretary to expand the Interim Waiver 

granted to Electrolux and to revise the 

Electrolux Petition for Waiver to allow 

Electrolux to test for its new refrigerator 

models, identified by Model numbers 

EI28BS56IW/B/S, EW28BS71IW/B/S, 

EI23BC56IW/B/S, EW23BC71IW/B/S, as 

noted above. 

Primarily affected persons in the 

refrigerator-freezer category include 

BSH Home Appliances Corp. (BoschSiemens Hausgerate GmbH), Equator, 

Fisher & Paykel Appliances Inc., GE 

Appliances, Gorenje USA, Haier 

America Trading, L.L.C., Heartland 

Appliances, Inc., Kelon Electrical 

Holdings Co., Ltd., Liebherr Hausgerate, 

LG Electronics Inc., Northland 

Corporation, Samsung Electronics 

America, Inc., Sanyo Fisher Company, 

Sears, Sub-Zero Freezer Company, ULine, 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 

freezers. Electrolux will notify all these 

entities as required by the Department’s 

rules and provide them with a version 

of this Petition. 

Sincerely, 

Sheila A. Millar. 

Enclosure. 

cc: Michael Raymond, DOE Office of Energy 

Efficiency and Renewable Energy 

Michael K. Kido, Office of the DOE 

Assistant General Counsel for Loan 

Program and Renewable Energy 

[FR Doc. E9–12912 Filed 6–3–09; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8913–2] 

Virginia Commonwealth Prohibition on 

Discharges of Vessel Sewage; Receipt 

of Application and Tentative 

Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of tentative 

determination. 

SUMMARY: Notice is hereby given that an 

application dated December 8, 2008 was 

received from the Commonwealth of 

Virginia on December 11, 2008 

requesting a determination by the 

Regional Administrator, EPA Region III, 

pursuant to section 312(f) of Public Law 

92–500, as amended by Public Law 95– 

217 and Public Law 100–4 (the Clean 

Water Act), that adequate facilities for 

the safe and sanitary removal and 

treatment of sewage from all vessels are 

reasonably available for the navigable 

waters of the Broad Creek, Jackson 

Creek and Fishing Bay Watersheds in 

Middlesex County, VA. 

DATES: Comments and views regarding 

this application and EPA’s tentative 

determination may be filed on or before 

July 6, 2009. 

ADDRESSES: Comments or requests for 

information or copies of the State’s 

application should be addressed to 

Robert Runowski, EPA Region III, Office 

of State and Watershed Partnerships, 

1650 Arch Street, Philadelphia, PA 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Robert Runowski, EPA Region III, Office 

of State and Watershed Partnerships, 

1650 Arch Street, Philadelphia, PA 

19103. Telephone: (215) 814–5385. Fax: 

(215) 814–2301. E-mail: 

runowski.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

application was made by the Virginia 

Secretary of Natural Resources on behalf 

of the Commonwealth of Virginia 

Department of Environmental Quality 

(VDEQ). Upon receipt of an affirmative 

determination in response to this 

application, VDEQ would completely 

prohibit the discharge of sewage, 

whether treated or not, from any vessel 

in Broad Creek, Jackson Creek and 

Fishing Bay watersheds in accordance 

with section 312(f)(3) of the Clean Water 

Act and 40 CFR 140.4(a). 

Section 312(f)(3) states: After the 

effective date of the initial standards 

and regulations promulgated under this 

section, if any State determines that the 

protection and enhancement of the 

quality of some or all of the waters 

within such States require greater 

environmental protection, such State 

may completely prohibit the discharge 

from all vessels of any sewage, whether 

treated or not, into such waters, except 

that no such prohibition shall apply 

until the Administrator determines that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for such water to which such 

prohibition would apply. 

The Broad Creek, Jackson Creek and 

Fishing Bay watersheds are located in 

the eastern-most part of Middlesex 

County (i.e., Deltaville), Virginia. The 

Broad Creek discharges north to the 

Rappahannock River near its confluence 

to the Chesapeake Bay. Jackson Creek 

discharges east into the mouth of the 

Piankatank River, and Fishing Bay 

discharges directly south to the 

Piankatank River, which discharges to 

the east to the Chesapeake Bay. These 

watersheds, including Porpoise Cove 

and Moore Creek, encompass an area of 

land and water of approximately 3.4 sq 

mi with nearly 18 miles of shoreline. All 

these water bodies are oligohaline and 

subject to the action of tides. The 

majority of the waters outside the bays 

are shallow with maintained channel 

depths of six to 10 feet, although some 

of the areas may not exceed four (4) feet 

in depth. 

Many people enjoy the Broad Creek, 

Jackson Creek and Fishing Bay 

watersheds for a variety of activities, 

including boating, fishing, crabbing, 

water skiing, and swimming. The 

shoreline surrounding these three 

watersheds includes 1,583 housing 

units (824 year round), public access 

areas, thirty two (32) marinas, boat 

launch facilities, and waterside 

restaurants. Both recreational and 

commercial large and small boats, 

personal watercraft, canoes, kayaks, 

water skiers, and swimmers enjoy these 

rivers for their recreational benefits. The 

full time resident population of 1,716 

people (increasing to several thousand 

during the summer months) use these 

adjacent areas for boating, fishing, and