[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26853-26858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12912]


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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.

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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 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, 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: [email protected]. 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: 
[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. 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: [email protected] or [email protected].

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redesignated Part A after Part B was repealed by Public Law 109-58.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

[[Page 26854]]

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 
refrigerator-freezers 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 refrigerator-
freezers (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 
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, 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.

[[Page 26855]]

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 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 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 Refrigerator-Freezer 
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 anti-sweat heaters. 
Electrolux could have designed the system so that the anti-sweat 
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\
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    \1\ 10 CFR 430.27(l).
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    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[deg] 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[deg] 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 anti-sweat heaters operated at a fixed 
amount of power, and turned on or off regardless of the humidity or 
amount of sweat on the unit.
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    \2\ 10 CFR Part 430, Subpart B, App. A1.
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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.
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    \3\ Energy 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).
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    The Electrolux models, with the new anti-sweat technology, subject 
to this Petition are:


[[Page 26856]]


EI28BS55IW, EI28BS55IB, EI28BS55IS, EW28BS70IW, EW28BS70IB, EW28BS70IS, 
EI23BC55IW, EI23BC55IB, EI23BC55IS, EW23BC70IW, EW23BC70IB, EW23BC70IS, 
E23BC78ISS, E23BC78PIS.

    Electrolux 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. 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.
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    \4\ Publication 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).
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    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      Probability      Constant
                                                                     humidity        (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...............................................................           70-60             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 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. 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 x System-loss Factor) x 
(24 hours/1 day) x (1 kW/1000 W)

    Continue 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 the following 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 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. (Bosch-Siemens 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, U-Line, 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

[[Page 26857]]

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\
---------------------------------------------------------------------------

    \1\ 10 CFR 430.27(l).
    \2\ 10 CFR 430.27(g).
---------------------------------------------------------------------------

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

    \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.
---------------------------------------------------------------------------

    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\
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    \4\ 10 CFR 430.27(m).
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    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[deg] 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[deg] 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

[[Page 26858]]

of the humidity or amount of sweat on the unit.
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    \5\ 10 CFR Part 430, Subpart B, App. A1.
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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.
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    \6\ Publication 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).
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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. (Bosch-Siemens 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, U-Line, 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