[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20695-20697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10321]



[[Page 20695]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-008]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Whirlpool Corporation From the Department of 
Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure 
(Case No. RF-008)

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-008) 
that grants to the Whirlpool Corporation (Whirlpool) 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, Whirlpool 
shall be required to test and rate its refrigerator-freezers with 
adaptive control anti-sweat heaters according to an alternate test 
procedure that takes this technology into account when measuring energy 
consumption.

DATES: This Decision and Order is effective May 5, 2009, 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 Whirlpool 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 Michael Kido, 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. The Decision and Order grants Whirlpool 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 Whirlpool tests and 
rates such products using the alternate test procedure described in 
this notice. Today's decision prohibits Whirlpool from making 
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 April 21, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.

Decision and Order

    In the Matter of: Whirlpool Corporation. (Case No. RF-008).

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\ This part was originally titled Part B but it was 
redesignated Part A in the United States Code for editorial reasons.
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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 
procedure, or when they 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 January 8, 2008, Whirlpool 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. 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 Whirlpool's new refrigerator-freezers that feature 
humidity sensors and adaptive control anti-sweat heaters. Consequently, 
Whirlpool 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 July 10, 2008, DOE published Whirlpool's Petition for Waiver. 73 
FR 39684. DOE did not receive any comments on the Whirlpool petition.

[[Page 20696]]

Assertions and Determinations

Whirlpool's 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, and subsequently modified its petition in April 2008.\3\ Whirlpool 
filed its petition because it 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 Decision and Order 
published February 27, 2008. 73 FR 10425. 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. Whirlpool stated 
that the DOE 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 for DOE approval an alternate 
test procedure that would allow it to correctly calculate the energy 
consumption of this new product line.
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    \3\ 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.
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    Whirlpool requested that it be permitted to use an alternate test 
procedure that is the same as that DOE prescribed for GE refrigerators 
and refrigerator-freezers that are equipped with a similar technology. 
The alternate test procedure applicable to the Whirlpool and GE 
products simulates the energy used by the adaptive heaters in a typical 
consumer household, as explained in the GE Decision and Order 
referenced above. 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.

Consultations With Other Agencies

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

Conclusion

    After careful consideration of all the material that was submitted 
by Whirlpool and consultation with the FTC staff, it is ordered that:
    (1) The ``Petition for Waiver'' submitted by Whirlpool Corporation 
(Case No. RF-008) is hereby granted as set forth in the paragraphs 
below.
    (2) Whirlpool shall not be required to test or rate the following 
Whirlpool models \4\ 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:
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    \4\ Whirlpool stated in its petition: ``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.''

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

    (3) Whirlpool 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 Whirlpool 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 + (Heater Contribution)

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.

Heater Contribution = (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:

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A1 = 0.034                        A6 = 0.119
A2 = 0.211                        A7 = 0.069
A3 = 0.204                        A8 = 0.047
A4 = 0.166                        A9 = 0.008
A5 = 0.126                        A10 = 0.015
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    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. Whirlpool 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

[[Page 20697]]

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 Whirlpool.
    (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 April 21, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.
[FR Doc. E9-10321 Filed 5-4-09; 8:45 am]
BILLING CODE 6450-01-P