[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Notices]
[Pages 19189-19192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7232]



[[Page 19189]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-007]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver of General Electric Company From the Department 
of Energy (DOE) Refrigerator and Refrigerator-Freezer Test Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of Petition for Waiver and request for public comments.

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SUMMARY: Today's notice announces General Electric Company's (GE's) 
Petition for Waiver (hereafter, ``Petition'') from parts of the DOE 
test procedure for determining the energy consumption of electric 
refrigerators and refrigerator-freezers. GE has developed a new product 
line of refrigerators and refrigerator-freezers that contain sensors to 
detect temperature and humidity, and which interact with controls to 
vary the effective wattage of anti-sweat heaters to evaporate excess 
moisture. The existing test procedure does not take ambient 
temperature, humidity, or adaptive control technology into account. 
Therefore, GE proposes an alternate test procedure that takes adaptive 
control technology into account when measuring energy consumption. DOE 
is soliciting comments, data, and information concerning GE's Petition 
and the proposed alternate test procedure.

DATES: DOE will accept comments, data, and information not later than 
May 17, 2007.

ADDRESSES: Please submit comments, identified by case number RF-007, by 
any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include case number 
RF-007, or ``GE Petition,'' or both in the subject line of the message.
     Postal Mail: Ms. Brenda Edwards-Jones, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-2J, Petition for 
Waiver Case No. RF-007, 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-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121.
    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 
(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 will not accept telefacsimiles 
(faxes). According 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: Mr. Earl F. Jones, Senior Counsel, GE 
Consumer & Industrial, Appliance Park 2-225, Louisville, KY 40225.
    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 that determination.
    Docket: For access to the docket to read this notice, the petition 
for waiver, background documents, or comments received, go to the U.S. 
Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of 
the Building Technologies Program), 1000 Independence Avenue, SW., 
Washington, DC, (202) 586-9127, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Please call Ms. Brenda 
Edwards-Jones 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, Mail Stop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-
9611. E-mail: [email protected], or Ms. Francine Pinto, Esq., 
U.S. Department of Energy, Office of General Counsel, Mail Stop GC-72, 
1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-
9507. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority
II. Petition for Waiver
III. Alternate Test Procedure
IV. 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 B of 
Title III (42 U.S.C. 6291-6309) provides for the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B 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 a covered consumer product. A waiver will be granted by the 
Assistant Secretary if it is determined that the basic model for which 
the Petition for Waiver was submitted 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. 10 CFR 430.27(l). In general, a waiver will remain in 
effect until final test procedure amendments become effective, thereby 
resolving the problem that is the subject of the waiver. 10 CFR Part 
430.27(m).

II. Petition for Waiver

    On November 18, 2006, GE filed a Petition for Waiver from the 
uniform test method for measuring the energy consumption of electric 
refrigerators and electric refrigerator-freezers set forth at appendix 
A1 to subpart B of 10 CFR Part 430. GE subsequently modified its 
Petition; the final version was filed

[[Page 19190]]

December 21, 2006. (GE's original Petition was drafted in the form of a 
test procedure revision, with changes to the CFR. It also included an 
Application for Interim Waiver, which was not included in the final 
version). GE is designing new refrigerators and refrigerator-freezers 
that contain variable anti-sweat heater controls that detect and 
respond to a broad range of temperature and humidity conditions, and 
then activate adaptive heaters as needed to evaporate excess moisture. 
GE's alternate test procedure simulates the energy used by the adaptive 
heaters in a typical consumer household. Because the existing test 
procedure under 10 CFR Part 430 takes neither ambient humidity nor 
adaptive technology into account, it does not accurately measure the 
energy consumption of GE's new refrigerators and refrigerator-freezers 
that feature variable anti-sweat heater controls and adaptive heaters. 
Consequently, GE has submitted to DOE for approval an alternate test 
procedure to assure that it is correctly calculating the energy 
consumption of this new product line.

III. Alternate Test Procedure

    When test procedures for refrigerators and refrigerator-freezers 
under 10 CFR Part 430 were first developed, simple mechanical defrost 
timers were the norm. Today, GE's new line of refrigerators and 
refrigerator-freezers contains sensors that detect ambient temperature 
and humidity, and interact with controls that vary the effective 
wattage of anti-sweat heaters to evaporate excess moisture. In sum, GE 
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.'' (GE Petition, page 4.) According to 
GE, the objective of the approach is to simulate the average energy 
used by the adaptive anti-sweat heaters as activated in typical 
consumer households across the United States. (Id.)
    To determine the conditions in a typical consumer household, DOE 
understands that GE compiled historical data for the monthly average 
outdoor temperature and humidity for the top 50 metropolitan areas of 
the U.S. over approximately the last 30 years. Then, GE used the 
average exterior monthly temperature and humidity values to determine 
in-home conditions. In addition, GE includes in the test procedure a 
``system-loss factor'' to calculate system losses attributed to 
operating anti-sweat heaters, controls, and related components.

IV. Summary and Request for Comments

    Today's notice announces GE's Petition to waive certain parts of 
the test procedures for its new line of refrigerators and refrigerator-
freezers with variable anti-sweat heater controls and adaptive heaters. 
DOE is publishing the Petition under the provisions of 10 CFR 
430.27(b)(1)(iv). DOE has deleted information that it considers to be 
confidential. The Petition includes an alternate test procedure and 
calculation methodology to determine the energy consumption of GE's new 
refrigerators and refrigerator-freezers with adaptive anti-sweat 
heaters. DOE is interested in receiving comments from interested 
parties on all aspects of the Petition and, in particular, the proposed 
alternate test procedure and calculation methodology. Any person 
submitting written comments to DOE must also send a copy of such 
comments to GE. See 10 CFR 430.27(b)(1)(iv).

    Issued in Washington, DC, on April 9, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

U.S. Department of Energy Petition for Waiver; Non-Confidential Version 
[Case No. RF-007]

Submitted by:

Earl F. Jones, Senior Counsel, GE Consumer & Industrial, Appliance 
Park 2-225, Louisville, KY 40225, [email protected], 502-452-3164 
(voice), 502-452-0395 (fax).

Introduction

    GE Consumer & Industrial, an operating division of General 
Electric Co. (``GE''), is a leading manufacturer and marketer of 
household appliances, including, as relevant to this proceeding, 
refrigerators, files this Petition for Waiver (``Petition''). GE 
requests that the Assistant Secretary grant it a waiver from certain 
parts of the test procedure promulgated by the U.S. Department of 
Energy (``DOE'' or ``the Department'') for determining refrigerator-
freezer energy consumption and allow GE to test its refrigerator-
freezer pursuant to the modified procedure submitted herewith. This 
request is filed pursuant to 10 CFR 430.27.

Background

    GE is designing a new refrigerator. A total investment of $XXXX 
is being made for research, development, facility upgrade, 
acquisition of tooling and equipment and product testing. 
Significant effort will be required before the new product can be 
sold.
    In order to be assured that it is correctly calculating the 
energy consumption of the product, that the product meets the 
minimum energy requirements for its product class and is properly 
labeled, GE seeks the Department's expeditious concurrence to its 
proposed amendment to the refrigerator test procedure.
    Even a casual review of the refrigerator energy-consumption test 
procedure \12\ reveals that this 1970's-era regulation has been 
overtaken by advances in technology, especially the increased use of 
electronic controls. In developing its new refrigerator, GE could 
have disregarded the test procedure's gaps, which could have 
resulted in a better energy test result. GE decided, however, to 
strive to attain the regulations' intent to obtain test results that 
more closely reflect the energy that would be consumed by the new 
model when used by consumers. Accordingly, GE has filed this 
Petition for Waiver to eliminate or modify the portions of the 
regulations that are inappropriate or irrelevant.
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    \12\ 10 CFR Part 430, Subpart B, App. A1.
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    The Department's regulations provide that the Assistant 
Secretary will grant a Petition upon: ``determin[ation] 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.\13\''
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    \13\ 10 CFR Part 430.27(l).

GE requests that the Assistant Secretary grant this Petition on both 
grounds. First, because the refrigerator energy test procedure does 
not allow the energy used by GE'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 
GE's new model cannot be tested.
    Second, if GE were to test its new smart-technology refrigerator 
per the test procedure, i.e., as if it contained old-technology 
``dumb'' anti-sweat heaters, the results of the energy test so 
conducted would not accurately measure the energy used by the new 
models.

The Refrigerator Energy Test Procedure

    The test procedure for calculating energy consumption \14\ 
specifies that the test chamber be maintained at 90[deg]F. While 
clearly not typical of conditions in the typical consumer household, 
these conditions are intended to simulate the energy used by a 
refrigerator in a typical 72 [deg]F household where the refrigerator 
door is opened several times a day.
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    \14\ 10 CFR Part 430, Subpart B, App. A1.
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    But the test procedure does not specify test chamber humidity 
conditions. Humidity causes refrigerators to sweat. Manufacturers 
combat this excess moisture by installing anti-sweat heaters on 
mullions and other locations where sweat accumulates. Old-style 
``dumb'' technology anti-sweat heaters

[[Page 19191]]

achieve and are tested at a pre-set level, i.e., number of watts, 
and turned on or off regardless of the humidity or amount of excess 
moisture on the unit.

GE's Proposed Modifications

    In developing the approach proposed in this Petition, GE 
reviewed the Department's earlier decisions on waiver petitions, 
including the waiver granted In the Matter of Electrolux Home 
Appliances.\15\ When the test procedure was originally developed, 
simple mechanical defrost timers were the norm. The Electrolux 
petition 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.
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    \15\ FR Vol. 66 40689 et. seq. (Aug. 3, 2001).
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    GE now seeks to change how it tests its new models \16\ 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 moisture.\17\
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    \16\ The GE models subject to this Petition are PGCS1NJW, 
PGCS1NFW, PGSS5NJW, PGSS5NFW, PGCF1NJW, PGCF1NFW, PGSF5NJW, 
PGSF5NFW, PFIC1NFW, PFIC1NFX. These models have GE's new 
temperature-humidity sensor.
    \17\ GE could have devised a control that did not energize the 
anti-sweat heaters when on test, thereby not counting energy used by 
these features even though it is foreseeable that they would be 
energized when used by most consumers. We have chosen instead to 
file this Petition.
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    GE 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. GE's proposed 
modification is further described on page 7. 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.\18\
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    \18\ The Association of Home Appliance Manufacturers, the 
appliance industry's trade association, has forwarded to the 
Department its recently agreed-to state of principles that should 
govern any revision of the refrigerator test procedure. Crafted in 
response to the DOE's concerns about energy test practices that may 
circumvent the regulatory purpose that energy tests yield results 
that correlate to typical consumer energy use, AHAM members endorsed 
the use of calculation in appropriate circumstances. See Exhibit A.
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    Extensive research went into determining what the average energy 
use of the adaptive feature would be. The top 50 metropolitan areas 
of the U.S., which represent 56% of the total U.S. population 
according to the 2000 Census \19\, were selected. The monthly 
average exterior temperature and humidity for these cities over 
approximately the last 30 years was determined.\20\
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    \19\ http://www.census.gov/population/www/cen2000/phc-t3.html.
    \20\ DEPT. OF METEOROLOGY AT THE UNIVERSITY OF UTAH Web site, 
http://www.met.utah.edu/jhorel/html/wx/climo.html, http://www.met.utah.edu/jhorel/html/wx/climate/normtemp.html, and http://www.met.utah.edu/jhorel/html/wx/climate/rh.html.
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    GE used the average external monthly temperature and humidity 
values to determine in-home conditions.\21\ And, 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.\22\
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    \21\ The outside temperature and humidity were converted to 
internal household conditions with the assumption that (1) The 
absolute humidity remained constant. and (2) average monthly ambient 
outdoor temperatures below 71 degrees were increased to 71 and 
average ambient outdoor temperatures above 75 degrees were cooled to 
75. The energy-saving benefits of dehumidification due to air 
conditioning have not been taken into account. This resulted in an 
over-estimation of the energy used by the refrigerator.
    \22\ See discussion at p. 6, infra, for validity of using 10 
bands to calculate national average anti-sweat heater wattage.
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    Ten population-weighted bands of ranges of relative humidity 
were created:

------------------------------------------------------------------------
                                                Probability    Constant
                     % RH                        (percent)   designation
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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
------------------------------------------------------------------------

    In recognition of the fact that there are system losses involved 
with operating anti-sweat heaters, GE proposes to include in the 
calculation a factor to account for such energy. This additional 
energy includes the electrical 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, and is accounted for by the ``System-loss Factor,'' which, 
based on GE's historical experience, is 1.3.\23\
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    \23\ GE's experience with previous anti-sweat heater 
applications shows that system losses associated with such features 
can cause an increase in energy use, e.g., by harnesses, boards, 
additional compressor run-time, etc., than added by the operation of 
the heater alone. To account for these ``systems losses'' GE has 
used a multiplier of 1.3 in calculating the Correction Factor.
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    Simply stated, the Correction Factor that GE 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 x System-loss 
Factor) x (24 hours/1 day) x (1 kW/1000 W)
    In further explanation of this calculation, begin by calculating 
the national average power in watts used by the anti-sweat 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 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)
    As explained above, bands A1-A10 were selected as representative 
of humidity conditions of all U.S. households. Therefore, in 
developing its design for optimum anti-sweat heater performance, GE 
and manufacturers using adaptive anti-sweat heaters must submit, as 
part of their data submission under section 430.62(a)(4)(xii), the 
watts used at the relative humidity specified in each band. By 
reviewing this information, the Department, competitors and other 
stakeholders can be assured that the calculated energy attributed to 
this adaptive feature is accurate.
    Based on the above, GE 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).

Conclusion

    GE urges the Assistant Secretary to grant this Petition and 
allow GE to test its new refrigerator models (PGCS1NJW, PGCS1NFW, 
PGSS5NJW, PGSS5NFW, PGCF1NJW, PGCF1NFW, PGSF5NJW, PGSF5NFW, PFIC1NFW 
and PFIC1NFX) as described above. We believe that granting our 
request will encourage the introduction of advanced technologies 
that neither penalize innovation by over-calculating energy used by 
the new feature nor encourage the creation of special energy-test 
modes that avoid accounting for that energy.
    Approving this Petition will also help ensure that consumers can 
continue to rely on the Department's test procedures--and the level 
playing field that they help create--to evaluate energy use among 
competing products. A favorable ruling on this Petition is necessary 
for GE to avoid the hardship that otherwise would be imposed if its 
production design and development plan is delayed and commitments to 
suppliers cannot be assured.
    Finally, granting the Petition will send a clear message to 
manufacturers that the Department's waiver process should be used to 
ensure that energy-using features are properly measured.

Respectfully submitted,

Earl F. Jones, Senior Counsel, GE Consumer & Industrial, Appliance 
Park 2-225,

[[Page 19192]]

Louisville, KY 40225, [email protected], 502-452-3164 (voice), 
502-452-0395 (fax).

Affected Persons

    Primary affected persons in the refrigerator-freezer category 
include BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH), 
Electrolux Home Products, Equator, Fisher & Paykel Appliances, Inc., 
Gorenje USA, Haier America Trading, L.L.C., Heartland Appliances, 
Inc., Kelon Electrical Holdings Col, Ltd., Liebherr Hausgerate, LG 
Electronics USA Inc., Northland Corporation, Samsung Electronics 
America, Inc., Sanyo Fisher Company, Sears, Sub-Zero Freezer 
Company, U-Line, Viking Range, and Whirlpool Corporation. The 
Association of Home Appliance Manufacturers is also generally 
interested in energy efficiency requirements for appliances. 
Consumers' Union, ACEEE, NRDC, Alliance to Save Energy are not 
manufacturers but have an interest in this matter. GE will notify 
all these organizations as required by the Department's rules and 
provide them with a non-confidential version of this Petition.

Exhibit A--AHAM Statement on Interpretation of HRF-1 and DOE 
Refrigerator-Freezer Test Procedure

(As revised during 9/15/06 conference call of AHAM's DOE Test 
Procedures Task Force)

    AHAM's position is that the following principles of 
interpretation should be applied to the existing refrigerator-
freezer test procedure, and should apply to and guide any revisions 
to the test procedure. The intent of the energy test procedure is to 
simulate typical room conditions (approximately 70 [deg]F) with door 
openings, by testing at 90 [deg]F without door openings.
    Except for operating characteristics that are affected by 
ambient temperature (for example, compressor percent run time), the 
unit, when tested under this standard, shall operate equivalent to 
the unit in typical room conditions. The energy used by the unit 
shall be calculated when a calculation is provided by the standard.
    Energy-consuming components that operate in typical room 
conditions (including as a result of door openings, or a function of 
humidity), and that are not exempted by this standard, shall operate 
in an equivalent manner during energy testing under this standard, 
or be accounted for by all calculations as provided for in the 
standard.
    Examples:
    1. Energy saving features that are designed to operate when 
there are no door openings for long periods of time shall not be 
functional during the energy test.
    2. The defrost heater should not either function or turn off 
differently during the energy test than it would when in typical 
room conditions.
    3. Electric heaters that would normally operate at typical room 
conditions with door openings should also operate during the energy 
test.
    4. Energy used during adaptive defrost shall continue to be 
tested and adjusted per the calculation provided for in this 
standard.

[FR Doc. E7-7232 Filed 4-16-07; 8:45 am]
BILLING CODE 6450-01-P