[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66340-66344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29778]


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DEPARTMENT OF ENERGY

[Case No. RF-011]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Notice of Granting the Application for 
Interim Waiver of Samsung 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 Samsung 
Electronics America, Inc. (Samsung) petition for waiver (hereafter, 
``Petition'') from specified portions of the U.S. Department of Energy 
(DOE) test procedure for determining the energy consumption of electric 
refrigerators and refrigerator-freezers. The waiver request pertains to 
Samsung's 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, Samsung has suggested an alternate 
test procedure that takes adaptive control technology into account when 
measuring energy consumption. DOE solicits comments, data, and 
information concerning Samsung's Petition and the suggested alternate 
test procedure. DOE also publishes notice of the grant of an interim 
waiver to Samsung.

DATES: DOE will accept comments, data, and information with respect to 
Samsung's Petition until, but no later than January 14, 2010.

ADDRESSES: You may submit comments, identified by case number [RF-011], 
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-011], and/or ``Samsung 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-011, 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. DOE does not 
accept telefacsimiles (faxes).
    Pursuant to section 430.27(b)(1)(iv) of Title 10 of the Code of 
Federal Regulations (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. Michael Moss, Samsung 
Electronics America, Inc., 18600 Broadwick St., Rancho Dominguez, CA 
90220, Phone: (310) 900-5245, 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.

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) 586-7432 or 
(202) 586-5827, respectively. 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

[[Page 66341]]

variety of provisions concerning energy efficiency. Part A 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.
    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(l). 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). Waivers remain in effect 
pursuant to the provisions of 10 CFR part 430.27(m).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 
(10 CFR 430.27(a)(2)) An interim waiver remains in effect for a period 
of 180 days or until DOE issues its determination on the petition for 
waiver, whichever is sooner, and may be extended for an additionally 
180 days, if necessary. (10 CFR 430.27(h))

II. Petition for Waiver

    On September 9, 2009, Samsung 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. Samsung 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, Samsung'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 (72 FR 19189) and July 10, 2008, respectively 
(73 FR 39684). GE's waiver was granted on February 27, 2008 (73 FR 
10425). Whirlpool's waiver was granted on May 5, 2009 (74 FR 20695). 
Samsung 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, Samsung stated that the test procedure does not 
accurately measure the energy consumption of Samsung's new 
refrigerators and refrigerator-freezers that feature variable anti-
sweat heater controls and adaptive heaters. Consequently, Samsung 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. Samsung's alternate test procedure is the same in all 
relevant particulars as that prescribed for GE and Whirlpool 
refrigerators and refrigerator-freezers (and petitioned for by 
Electrolux) that are equipped with the same type of technology. The 
alternate test procedure applicable to the GE and Whirlpool products 
simulates the energy used by the adaptive heaters in a typical consumer 
household, as explained in the Decision and Order that DOE published in 
the Federal Register on February 27, 2008. 73 FR 10425. DOE believes 
that 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 Samsung Petition also requests an interim waiver. Under 10 CFR 
430.27(b)(2) each Application for Interim Waiver ``shall demonstrate 
likely success of the Petition for Waiver and shall address what 
economic hardship and/or competitive disadvantage is likely to result 
absent a favorable determination on the Application for 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))
    DOE determined that Samsung's application for interim waiver does 
not provide sufficient market, equipment price, shipments, and other 
manufacturer impact information to permit DOE to evaluate the economic 
hardship Samsung might experience absent a favorable determination on 
its application for interim waiver. However, DOE understands that 
absent an Interim Waiver, Samsung's products would not otherwise be 
tested and rated for energy consumption on a comparable basis with 
equivalent GE and Whirlpool products where DOE previously granted 
waivers, and would be required to represent a higher energy consumption 
for essentially the same product. Furthermore, it appears likely that 
Samsung's Petition for Waiver will be granted and that is desirable for 
public policy reasons to grant Samsung immediate relief pending a 
determination on the petition for waiver. As stated above, DOE has 
already granted similar waivers to GE and Whirlpool because the test 
procedure does not accurately represent the energy consumption of 
refrigerator-freezers containing relative humidity sensors and adaptive 
control anti-sweat heaters. (For those same reasons, DOE has also 
granted an interim waiver to Electrolux on June 4, 2009 (74 FR 26853)). 
The rationale for granting these waivers is equally applicable to 
Samsung, which has products containing similar relative humidity 
sensors and anti-sweat heaters. DOE has also concluded that it is in 
the public interest to have similar products tested and rated for 
energy consumption on a comparable basis.
    For the reasons stated above, DOE grants Samsung's application for 
interim waiver from testing of its refrigerator-freezer product line 
containing relative humidity sensors and adaptive control anti-sweat 
heaters. Therefore, it is ordered that:
    The Application for interim waiver filed by Samsung is hereby 
granted for Samsung's refrigerator-freezer product line containing 
relative humidity sensors and adaptive control anti-sweat heaters, 
subject to the specifications and conditions below.

[[Page 66342]]

    1. Samsung shall not be required to test or rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive 
control anti-sweat heaters on the basis of the test procedure under 10 
CFR part 430 subpart B, appendix A1.
    2. Samsung shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive 
control anti-sweat heaters according to the alternate test procedure as 
set forth in section IV, ``Alternate test procedure.''
    The interim waiver applies to the following basic model groups:

RB19*AC**
RB21*AC**
RF19*AC**
RF21*AC**
RF26*AF**
RFG23*AC**
RFG29*AC**
RFM28*AA**

    This interim waiver is conditioned upon the presumed validity of 
statements, representations, and documents provided by the petitioner. 
DOE may revoke or modify this interim waiver at any time upon a 
determination that the factual basis underlying the petition for waiver 
is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

IV. Alternate Test Procedure

    Samsung'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, Samsung is using the same data compiled by GE 
for its determination of the anti-sweat heater energy use. Like GE and 
Whirlpool, Samsung includes in its test procedure a ``system-loss 
factor'' to calculate system losses attributed to operating anti-sweat 
heaters, controls, and related components.
    Samsung shall be required to test the products listed in Section II 
above according to the test procedures for electric refrigerator-
freezers prescribed by DOE at 10 CFR part 430, appendix A1, except 
that, for the Samsung products listed in Section II above 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 \1\ = (Anti-sweat Heater Power x System-loss 
Factor) x (24 hrs/1 day) x (1 kW/1000 W)
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    \1\ Called ``correction factor'' by GE.

---------------------------------------------------------------------------
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)
v+ A10 * (Heater Watts at 95%RH)

where A1-A10 are from the following table:

 
 
 
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
 

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 average 
temperature of 45 [deg]F and freezer average temperature of 5 
[deg]F.

System-loss Factor = 1.3

    In making representations about the energy efficiency of the 
products listed in Section II above, for compliance, marketing, or 
other purposes, Samsung must fairly disclose the results of testing 
under the alternate DOE test procedure described above.

V. Summary and Request for Comments

    Through today's notice, DOE grants Samsung an interim waiver from 
the specified portions of the test procedure applicable to Samsung's 
new line of refrigerators and refrigerator-freezers with variable anti-
sweat heater controls and adaptive heaters and announces receipt of 
Samsung's petition for waiver from those same portions of the test 
procedure. DOE publishes Samsung'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 Samsung's specified refrigerators and refrigerator-
freezers with adaptive anti-sweat heaters. Samsung is required to 
follow this alternate procedure as a condition of its interim waiver, 
and DOE is

[[Page 66343]]

considering including this alternate procedure in its subsequent 
Decision and Order. DOE solicits 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 December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
September 9, 2009
Catherine Zoi
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue, SW.
Washington, DC 20585
Dear Assistant Secretary:
    Samsung Electronics America, Inc., a subsidiary of Samsung 
Electronics Co., Ltd. (Samsung), respectfully submits this Petition for 
Waiver and Petition for Interim Waiver to the Department of Energy 
(DOE) for refrigerator-freezer models incorporating adaptive anti-sweat 
heater technologies, pursuant to 10 CFR Part 430.27.
    The 10 CFR Part 430.27(a)(1) allows a person to submit a petition 
to waive for a particular basic model any requirements of Sec.  430.23 
upon the grounds that the basic model contains one or more design 
characteristics which either prevent 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. Additionally, 10 CFR Part 430.27(b)(2) 
allows an applicant to request an Interim Waiver if economic hardship 
and/or competitive disadvantage is likely to result absent a favorable 
determination on the Application for Interim Waiver.

Reasoning

    Samsung is designing refrigerator-freezers with anti-sweat heater 
technologies that react according to different ambient conditions such 
as humidity and temperature. This anti-sweat technology allows the 
heater to variably activate depending on relative ambient humidity 
levels. Samsung believes that the current test procedure, Appendix A1 
to Subpart B of Part 430, prevents Samsung from accurately evaluating 
its refrigerator-freezers that feature this adaptive anti-sweat heater 
technology.
    Samsung's adaptive anti-sweat heater 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. Whirlpool's waiver was granted on May 
5, 2009. 74 FR 20695. In a market where energy efficiency is one of the 
crucial factors in a consumer's purchasing decision, Samsung will be 
placed at a competitive disadvantage if an Interim Waiver is not 
granted to Samsung by the Department of Energy, as the energy 
consumption data will not be comparable to that of other manufacturers' 
which waivers were previously granted. Samsung has invested 12 months 
toward the development of this technology, and would like to be able to 
test them accordingly at time of introduction.
    Current testing method prescribes that the refrigerator-freezer be 
tested without any prescription for humidity levels. Lacking the 
prescription of a humidity level, current refrigerator-freezers employ 
an anti-sweat technology that engages at predetermined intervals to 
prevent moisture build-up according to an assumed, fixed algorithm. 
Lacking the proper sensors to effectively detect and engage the heater 
at specific dew points, a general assumption is made for the scheduled 
activation of anti-sweat heaters. General assumptions and timed action 
sequences are inefficient methods to control condensation; the adaptive 
anti-sweat heater technology will take the guesswork out of anti-sweat 
heater activation and will base activation on real-time environment 
conditions for the purpose of energy efficiency.
    Since adaptive anti-sweat heater technology was not available 
during the development stage of the current DOE requirements, and since 
the existing requirements do not fairly represent energy consumption 
for refrigerator-freezers containing this technology, an exception 
relief is warranted.

Test Method

    In a manner similar to GE in their Petition \2\, Samsung 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.
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    \2\ 72 FR 19189
---------------------------------------------------------------------------

    ``[GE] in an effort to establish a national average of energy used 
by a variably controlled anti-sweat heater, the population-weighted 
humidity values were grouped into 10 bands, each with a range of 10% 
relative humidity. The table below sets out the percent probability 
that any U.S. household will experience the listed average humidity 
conditions during any month of the year.'' \3\ Those 10 bands are as 
follows:

------------------------------------------------------------------------
                                               Probability    Constant
                    % RH                           (%)       designation
------------------------------------------------------------------------
1. 0-10.....................................           3.4            A1
2. 10-20....................................          21.1            A2
3.2 0-30....................................          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
------------------------------------------------------------------------

    Similar to GE, Samsung determined that additional 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 have a ``system-loss factor''. Samsung has also determined 
that this ``system-loss factor'' is 1.3. Therefore, Samsung proposes 
that the energy consumption results should be calculated with the anti-
sweat heater switch in the ``off'' position and with the correction 
factor taken into account. The correction factor should be as follows:

Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hours/1 day) x (1 kW/1000 W)

    The national average power in watts used by the anti-sweat heaters 
is then calculated by totaling the product of constants A1-A10 
multiplied by the respective heater watts used by a refrigerator 
operating in the median percent relative humidity for that band and 
standard refrigerator conditions: ambient temperature of 72 [deg]F, 
fresh food (FF) average temperature of 45 [deg]F, and freezer (FZ) 
average temperature of 5 [deg]F. Anti-sweat Heater Power = A1 * (Heater 
Watts at 5% RH) + A2 * (Heater Watts at 15% RH) + A3 * (Heater Watts at 
25% RH) + A4 * (Heater Watts at 35% RH) + A5 * (Heater Watts at 45% RH) 
+ A6 * (Heater Watts at 55% RH) + A7 * (Heater Watts at 65% RH) + A8 * 
(Heater Watts at 75% RH) + A9 *

[[Page 66344]]

(Heater Watts at 85% RH) + A10 * (Heater Watts at 95% RH)
    Samsung requests that DOE prescribe an alternate test procedure, 
whereby the test procedure were modified to calculate the energy of the 
unit by testing 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 
1.3, similar to those prescribed within waivers granted to GE \3\ and 
Whirlpool \4\, to allow Samsung to accurately evaluate the energy 
consumption for the following Samsung refrigerator-freezer models:
---------------------------------------------------------------------------

    \3\ 73 FR 10425
    \4\ 74 FR 20695

RB19*AC**
RB21*AC**
RF19*AC**
RF21*AC**
RF26*AF**
RFG23*AC**
RFG29*AC**
RFM28*AA**

Conclusion

    On the grounds that current test methods for refrigerator-freezers 
will result in inaccurate evaluation of energy consumption, Samsung 
requests that, until a final rule prescribing a test method for 
adaptive anti-sweat heater technologies, a waiver is granted for 
Samsung refrigerator-freezer models which utilize adaptive anti-sweat 
heater technologies. By granting Samsung the requested waiver and 
interim waiver, DOE will ensure that advancements in technologies are 
not hindered by regulations, and that similar products are tested in 
similar manners.

Affected Persons

    Primarily affected persons in the refrigerator-freezer category 
include BSH Home Appliances Corp. (Bosch- Siemens Hausgerate GmbH), 
Electrolux Home Products, 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, Sanyo Fisher 
Company, Sears, Sub-Zero Freezer Company, ULine, 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 refrigerator-
freezers. Samsung will notify all these entities as required by the 
Department's rules and provide them with a version of this Petition.

Sincerely,

Michael Moss

Senior Manager
[FR Doc. E9-29778 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P