[Federal Register Volume 73, Number 39 (Wednesday, February 27, 2008)]
[Notices]
[Pages 10425-10427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3686]


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DEPARTMENT OF ENERGY


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to the General Electric Company From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure (Case No. RF-007)

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

ACTION: Decision and Order.

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SUMMARY: DOE gives notice of the Decision and Order (Case No. RF-007) 
that grants to the General Electric Company (GE) a Waiver from the DOE 
electric refrigerator and refrigerator-freezer test procedure, for its 
product line containing relative humidity sensors and adaptive control 
anti-sweat heaters. Under today's Decision and Order, GE shall be 
required to test and rate its refrigerator-freezers with adaptive 
control anti-sweat heaters according to an alternate test procedure

[[Page 10426]]

that takes this technology into account when measuring energy 
consumption.

DATES: This Decision and Order is effective February 19, 2008, and will 
remain in effect until the effective date of a DOE final rule 
prescribing an amended test procedure appropriate for the model series 
of GE refrigerator-freezers covered by this waiver.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611, E-mail: [email protected]; Francine Pinto, or 
Eric Stas, 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] or 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), DOE 
gives notice of the issuance of its Decision and Order as set forth 
below. In the Decision and Order, DOE grants to GE a Waiver from the 
applicable residential refrigerator and refrigerator-freezer test 
procedures, at 10 CFR part 430 subpart B, appendix A1, for its product 
line of refrigerator-freezers with relative humidity sensors and 
adaptive control anti-sweat heaters, provided that GE tests and rates 
such products to the alternate test procedure described in this notice. 
Today's decision requires that GE may not make any representations 
concerning the energy efficiency of these products unless such product 
has been tested in accordance with the DOE test procedure, consistent 
with the provisions and restrictions in the alternate test procedure 
set forth in the Decision and Order below, and such representation 
fairly discloses the results of such testing.\1\ (42 U.S.C. 6293(c))
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    \1\ Consistent with the statute, distributors, retailers, and 
private labelers are held to the same standard when making 
representations regarding the energy efficiency of these products. 
(42 U.S.C. 6293(c))

    Issued in Washington, DC, on February 19, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: General Electric Company. (Case No. RF-007).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part A \2\ 
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))
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    \2\ Part B of Title III of EPCA was repealed by Pub. L. 109-58 
and redesignated Part A.
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    Today's notice involves residential products under Part A. Relevant 
to the current Petition for Waiver, the test procedure for residential 
electric refrigerator-freezers is contained in 10 CFR part 430, subpart 
B, Appendix A1.
    DOE's regulations contain provisions allowing a person to seek a 
waiver from the test procedure requirements for covered consumer 
products, when the petitioner's basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures, or when 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(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 
characteristics. 10 CFR 430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). In 
general, a waiver will remain in effect until final test procedure 
amendments that resolve the problem that is the subject of the waiver 
become effective. 10 CFR 430.27(m).
    The waiver process also allows any interested person who has 
submitted a Petition for Waiver to file an Application for Interim 
Waiver of the applicable test procedure requirements. 10 CFR 
430.27(a)(2). The Assistant Secretary will grant an Interim Waiver 
request if it is determined that the applicant will experience economic 
hardship if the Interim Waiver is denied, if it appears likely that the 
Petition for Waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the Petition for 
Waiver. 10 CFR 430.27(g).
    On November 18, 2006, GE filed a Petition for Waiver from the test 
procedures which are applicable to its product line of refrigerator-
freezers with relative humidity sensors and adaptive control anti-sweat 
heaters. The applicable test procedures are contained in 10 CFR part 
430, subpart B, appendix A1--Uniform Test Method for Measuring the 
Energy Consumption of Electric Refrigerators and Electric Refrigerator-
Freezers. GE is designing new refrigerator-freezers that contain 
variable anti-sweat heater controls and relative humidity sensors 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 refrigerator-freezers that 
feature humidity sensors and adaptive control anti-sweat heaters. 
Consequently, GE has submitted an alternate test to DOE for approval to 
ensure that it is correctly calculating the energy consumption of this 
new product line.
    On April 17, 2007, DOE published GE's Petition for Waiver. 72 FR 
19189. DOE received one comment on the GE petition, from the 
Association of Home Appliance Manufacturers (AHAM), which is discussed 
below.

Assertions and Determinations

GE's Petition for Waiver

    On November 18, 2006, GE submitted a Petition for Waiver from the 
test procedures applicable to residential electric refrigerator-
freezers.\3\ GE's petition asserts that the energy use for its 
refrigerator-freezers with relative humidity sensors, variable anti-
sweat heater controls and adaptive heaters cannot be accurately tested 
using the current test procedure because these products will yield a 
different test result for energy consumption depending on the ambient 
relative humidity in the test chamber. The current DOE test procedure 
does not specify a value for the relative humidity in the test

[[Page 10427]]

chamber. GE included an alternate test procedure with its petition, in 
which it proposed 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 this approach is to simulate the 
average energy used by the adaptive anti-sweat heaters \4\ 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 included in the test procedure a 
``system-loss factor'' to calculate system losses attributed to 
operating anti-sweat heaters, controls, and related components. This 
factor includes the additional energy required to operate the anti-
sweat heater controls and related components, and the additional energy 
required to increase compressor run time to remove heat introduced into 
the refrigerator-freezer compartments by the anti-sweat heater. This 
``System-loss Factor,'' based on GE's historical experience, is 1.3.
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    \3\ GE's petition uses the terms ``refrigerator'' and 
``refrigerator-freezer'' interchangeably. The specific models that 
are the subject of this waiver are refrigerator-freezers.
    \4\ Anti-sweat heaters remove moisture that condenses on the 
cabinet of refrigerator-freezers. They consume a significant amount 
of energy in doing this, and GE's technology is designed to use less 
anti-sweat energy, by activating the heaters only when needed.
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    AHAM (a trade organization representing the manufacturers of 
refrigerator-freezers) supported DOE granting GE's petition and also 
supported GE's alternate test procedure. AHAM commented that there 
might be a need for a different heat load multiplier for other types of 
internal heaters that might be the subject of future petitions. (AHAM, 
No. 1 at page 1)

Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the GE Petition for waiver. The FTC staff did not have any 
objections to granting a waiver to GE.

Conclusion

    After careful consideration of all the material that was submitted 
by GE, the comment received, the review by the National Institute of 
Standards and Technology, and consultation with the FTC staff, it is 
ordered that:
    (1) The ``Petition for Waiver'' submitted by the General Electric 
Company (Case No. RF-007) is hereby granted as set forth in the 
paragraphs below.
    (2) GE shall not be required to test or rate the following GE 
models, which have GE's new humidity sensor and adaptive anti-sweat 
heater technology, on the basis of the current test procedures 
contained in 10 CFR part 430, subpart B, appendix A1, but shall be 
required to test and rate such products according to the alternate test 
procedure as set forth in paragraph (3) below: PGCS1NJW, PGCS1NFW, 
PGSS5NJW, PGSS5NFW, PGCF1NJW, PGCF1NFW, PGSF5NJW, PGSF5NFW, PFIC1NFW 
and PFIC1NFX:
    (3) GE shall be required to test the products listed in paragraph 
(2) above according to the test procedures for electric refrigerator-
freezers prescribed by DOE at 10 CFR part 430, appendix A1, except 
that, for the GE products listed in paragraph (2) only:

    (A) The following definition is added at the end of Section 1:
    1.13 ``Variable anti-sweat heater control'' means an anti-sweat 
heater where power supplied to the device is determined by an 
operating condition variable(s) and/or ambient condition 
variable(s).
    (B) Section 2.2 is revised to read as follows:
    2.2 Operational conditions. The electric refrigerator or 
electric refrigerator-freezer shall be installed and its operating 
conditions maintained in accordance with HRF-1-1979, section 7.2 
through section 7.4.3.3. except that the vertical ambient 
temperature gradient at locations 10 inches (25.4 cm) out from the 
centers of the two sides of the unit being tested is to be 
maintained during the test. Unless shields or baffles obstruct the 
area, the gradient is to be maintained from 2 inches (5.1 cm) above 
the floor or supporting platform to a height 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 ``on'' 
test will be the result of 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
    A2 = 0.211
    A3 = 0.204
    A4 = 0.166
    A5 = 0.126
    A6 = 0.119
    A7 = 0.069
    A8 = 0.047
    A9 = 0.008
    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

    (4) Representations. GE may make representations about the energy 
use of its adaptive control anti-sweat heater refrigerator-freezer 
products, for compliance, marketing, or other purposes, only to the 
extent that such products have been tested in accordance with the 
provisions outlined above, and such representations fairly disclose the 
results of such testing.
    (5) This waiver shall remain in effect from the date this Decision 
and Order is issued until DOE prescribes final test procedures 
appropriate to the above model series manufactured by GE.
    (6) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This waiver may be revoked or modified at any time upon a 
determination that the factual basis underlying the Petition for Waiver 
is incorrect, or DOE determines that the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics.


    Issued in Washington, DC, on February 19, 2008.

Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
 [FR Doc. E8-3686 Filed 2-26-08; 8:45 am]
BILLING CODE 6450-01-P