[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39684-39688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15748]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

 [Case No. RF-008]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver of Whirlpool Corporation 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 and request for public comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt of and publishes Whirlpool 
Corporation's (Whirlpool's) 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 
Whirlpool's specified French door bottom-mounted residential 
refrigerators and refrigerator-freezers, a product line that utilizes a 
control logic that changes the wattage of the anti-sweat 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, Whirlpool 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 Whirlpool's 
Petition and the suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
Whirlpool's Petition until, but no later than August 11, 2008.

ADDRESSES: You may submit comments, identified by case number [RF-008], 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include either the 
case number [RF-008] and/or ``Whirlpool Petition'' in the subject line 
of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J,

[[Page 39685]]

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: Mr. 
Steven Church, Project Engineer, Whirlpool Corporation, 5401 U.S. 
Highway North, Evansville, IN 47727. Telephone: (812) 426-4659. E-mail: 
[email protected].
    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: [email protected].
    Ms. Francine Pinto or Mr. Eric Stas, 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: [email protected] or [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 A \1\ 
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.
---------------------------------------------------------------------------

    \1\ This part was originally titled Part B; however, it was 
redesignated Part A after Part B was repealed by Pub. L. 109-58.
---------------------------------------------------------------------------

    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 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 January 8, 2008, Whirlpool filed a Petition for Waiver from the 
test procedure applicable to residential electric refrigerators and 
refrigerator-freezers set forth in 10 CFR part 430, subpart B, Appendix 
A1.\2\ Whirlpool 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, Whirlpool's technology is similar to that 
used by General Electric Company (GE) for its refrigerator-freezers 
which were the subject of a Petition for Waiver published April 17, 
2007. 72 FR 19189. Whirlpool 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, Whirlpool stated that the test 
procedure does not accurately measure the energy consumption of 
Whirlpool's new refrigerators and refrigerator-freezers that feature 
variable anti-sweat heater controls and adaptive heaters. Consequently, 
Whirlpool 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. Whirlpool's alternate test procedure is 
essentially the same as that prescribed for GE refrigerators and 
refrigerator-freezers that are equipped with the same type of 
technology. The alternate test procedure applicable to the GE products 
simulates the energy used by the

[[Page 39686]]

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.
---------------------------------------------------------------------------

    \2\ Whirlpool submitted a modified petition on April 30, 2008, 
which was amended solely to set forth the specific models for which 
the company is seeking a waiver. DOE is publishing Whirlpool's 
Petition for Waiver, as amended, for public comment.
---------------------------------------------------------------------------

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, Whirlpool'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 
anti-sweat 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, Whirlpool is using the same data compiled by GE 
for its determination of the anti-sweat heater energy use. Like GE, 
Whirlpool includes in its 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

    Through today's notice, DOE announces receipt of Whirlpool's 
Petition for Waiver from certain parts of the test procedure applicable 
to Whirlpool's new line of refrigerators and refrigerator-freezers with 
variable anti-sweat heater controls and adaptive heaters. DOE is 
publishing Whirlpool'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 
Whirlpool'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 June 23, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    Submitted by:
    Steven Church, Whirlpool Corporation, 5401 U.S. Highway North, 
Evansville, IN 47727. 812-426-4659.

Introduction

    Whirlpool Corporation, a leading manufacturer and marketer of 
household appliances, in accordance with 10 CFR 430.27, files this 
Petition for Waiver in order to request exemption from certain parts of 
the test procedure endorsed by the U.S. Department of Energy for 
determining refrigerator-freezer energy consumption. Granting this 
waiver will allow Whirlpool to test its refrigerator-freezers utilizing 
the procedure described within this Petition.

Background

    Whirlpool is upgrading its Bottom Mount refrigerator-freezer 
products in order to meet the newly revised requirements of the Energy 
Star program scheduled to be implemented in April 2008.
    Whirlpool is seeking the Department's approval to use the proposed 
method so that it can be assured of properly calculating and labeling 
the energy consumption of its products. Such approval will also allow 
assurance that the new products will achieve the energy limits proposed 
under the Energy Star Program.
    Recently, General Electric Corporation (``GE'') filed a Petition 
for Waiver to establish a new method to calculate the energy 
consumption of a refrigerator-freezer when such a product contains 
adaptive anti-condensation heaters. In order to meet the more stringent 
Energy Star standards, Whirlpool has developed its own adaptive anti-
condensation system which utilizes a humidity sensor to modify the 
power used by the anti-condensation heaters. In support of GE's 
position, Whirlpool could have designed the system so that the anti-
condensation heaters showed no impact during energy testing. However, 
like GE, Whirlpool is following the regulation's intent to more 
accurately represent the energy consumed by the product when used in 
the home. Accordingly, Whirlpool is filing this Petition for Waiver to 
modify the portions of the regulation that are inappropriate.
    The Department's regulations provide that the Assistant Secretary 
will grant a Petition 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\
---------------------------------------------------------------------------

    \1\ 10 CFR part 430.27(l).
---------------------------------------------------------------------------

    Whirlpool requests that the Assistant Secretary grant this Petition 
based on the second point. Because the current test procedure does not 
fully specify test room conditions, i.e. the ambient relative humidity 
is not controlled; the adaptive nature of the anti-condensation heaters 
may cause the energy consumption of the unit to be significantly 
overstated. To test the units assuming that they do not adapt will 
misrepresent the energy used by the appliance when installed in a 
consumer's home.

The Refrigerator Energy Test Procedure

    The test procedure for calculating energy consumption \2\ specifies 
that the test chamber be maintained at 90 [deg]F. Although not typical 
of conditions in most consumer's homes, this higher ambient simulates 
the heat load of a refrigerator in a 70 [deg]F ambient with typical 
usage by the consumer.
---------------------------------------------------------------------------

    \2\ 10 CFR part 430, subpart B, App. A1.

---------------------------------------------------------------------------

[[Page 39687]]

    However, the test procedure does not address what humidity level to 
maintain in the test room when collecting data. Condensation 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. The appliance industry currently utilizes anti-condensation 
loops and heaters that increase the temperature of local areas above 
the dew point to prevent condensation. Typical applications employ a 
heater that utilizes a pre-determined amount of power without regard to 
humidity and the likelihood of condensation occurring on the unit. Such 
an application will require more energy to prevent condensation than 
one that can adapt to changing ambient conditions.

Whirlpool's Proposed Modification

    Whirlpool now seeks to change how it tests its upgraded models 
which include, but not restricted to, all French Door Bottom Mount 
Refrigerators whether or not they have exterior ice dispensing. The 
following bottom mounted freezer models with French doors are 
representative of similar models that will utilize this technology. 
These particular models do not use this technology at this time but as 
they are upgraded to add new features, or reach new energy levels this 
technology will be included.
    The actual model numbers may vary but the technology will be used 
for the control of heaters to prevent the formation of condensation on 
external surface on French door bottom mounted freezer models.

MFI2569VE*....................  AFI2538AE*.......  KBFC42FT*0*
JFI2089A**....................  JF42REF**B0*.....  KBFO42FT*0*
JFI2589A**....................  JF42PPF**B0*.....  MBF1956KE*
MFI2266AE*....................  JF42SEF**B0*.....  KBFS20ET*
MFI2067AE*....................  JF42CXF**B0*.....  KBFA20ER*
MFI2568AE*....................  KBFC42FS*0*......  MBF2256KE*
596.7753*.....................  KBFO42FS*0*......  MBF1956KE*
 

    Whirlpool proposes to run the energy consumption test with the 
anti-condensation heaters disabled. A contribution will be added to 
this result, which is related to the amount of energy used by the anti-
condensation heaters when they are active. This contribution will be 
calculated by the same method that was proposed by GE in their 
Petition. For units with an energy saver switch, the energy test 
results with and without the added heater contribution will be averaged 
together to produce the final energy number for the product. For those 
units that do not include an energy saver switch, the final energy 
number will be equal to the test result of the heater disabled test 
plus the added heater contribution. The objective of the proposed 
approach is to simulate the average energy used by the adaptive anti-
condensation heaters as activated in typical consumer households across 
the United States.
    In formulating their Petition, GE completed research in order 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, Whirlpool 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:

------------------------------------------------------------------------
                                            Probability      Constant
               Percent RH                    (percent)      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
------------------------------------------------------------------------

    When using external anti-condensation heaters, Whirlpool's 
experience has been the increase in total energy used by the system is 
greater than the power used by the heaters alone. This increased energy 
can be related to energy consumed by, but not limited to, increased run 
time of the compressor and fan to remove the extra heat leak from the 
heaters, wire harnesses, and the operation of electronic controls. 
Based upon Whirlpool's experience, an energy increase of 30% is 
required to compensate for the extra heat leak. When calculating the 
contribution due to the heaters, Whirlpool recommends multiplying the 
power directly consumed by the heaters by 1.3 to calculate the energy 
used by the system as a whole.
    The Heater Contribution that Whirlpool proposes will be added to 
the result of the energy-consumption test results with the heaters 
disabled. This result will be used in the energy calculations as the 
results for when the switch is in the ``heater on'' position. This 
number is calculated as follows:
    Heater Contribution = (Anti-condensation Heater Power x 1.3) x (24 
hours/1 day) x (1 kW/1000 W).
    To determine the average power used by the anti-condensation 
heaters, the constant associated with each band is multiplied by the 
heater wattage used by a refrigerator operating at the average humidity 
level of each band and standard refrigerator conditions (72 [deg]F 
ambient, fresh food average of 45[deg] and freezer average of 5[deg]). 
The total of the products from each humidity band will

[[Page 39688]]

represent the average power used by the anti-condensation heater in the 
equation above. This may be represented as:
    Anti-condensation 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. Utilizing such weighed 
bands will allow the calculation of the national average energy 
consumption for each product.
    Based on the above, Whirlpool proposes to test its upgraded models 
as if the test procedure were modified to calculate the energy of the 
unit by testing the unit with the anti-condensation disabled plus the 
Anti-Sweat Heater Power multiplied by 1.3 to determine the energy of 
the unit when the heaters are active.

Conclusion

    Whirlpool urges the Assistant Secretary to grant this Petition and 
allow Whirlpool to test its upgraded French Door Bottom Mount 
refrigerator models as described above. We believe that granting our 
request will encourage manufacturers to introduce new technologies into 
their products without having to worry about any adverse impact to 
energy consumption.

Respectfully submitted,

Steven Church

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., 
General Electric Corporation, Gorenje USA, Haier America Trading, 
L.L.C., Heartland Appliances, Inc., Kelon Electrical Holdings Co., 
Ltd., Liebherr Hausgerate, LG Electronics USA Inc., Northland 
Corporation, Samsung Electronics America, Inc., Sanyo Fisher Company, 
Sears, Sub-Zero Freezer Company, U-Line, and Viking Range. The 
Association of Home Appliance Manufacturers is also generally 
interested in energy efficiency requirements for appliances. Consumers' 
Union, ACEEE, NRDC, [and] Alliance to Save Energy are not manufacturers 
but have an interest in this matter. Whirlpool will notify all these 
organizations as required by the Department's rules and provide them 
with a non-confidential version of this Petition.

[FR Doc. E8-15748 Filed 7-09-08; 8:45 am]
BILLING CODE 6450-01-P