[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66338-66340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29779]


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DEPARTMENT OF ENERGY

[Case No. RF-009]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Electrolux Home Products, Inc. From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure (Case No. RF-009)

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

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
Decision and Order (Case No. RF-009) that grants to Electrolux Home 
Products, Inc. (Electrolux) a Waiver from the DOE electric refrigerator 
and refrigerator-freezer test procedure, for certain basic models 
containing relative humidity sensors and adaptive control anti-sweat 
heaters. Under today's Decision and Order, Electrolux 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 December 15, 2009.

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 Title 10 of the Code of 
Federal Regulations (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 Electrolux a Waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures at 10 CFR Part 
430 subpart B, appendix A1, for certain basic models of refrigerator-
freezers with relative humidity sensors and adaptive control anti-sweat 
heaters, provided that Electrolux tests and rates such products using 
the alternate test procedure described in this notice. Today's decision 
prohibits Electrolux from making representations concerning the energy 
efficiency of these products unless such product has been tested 
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. 
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 December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Electrolux Home Products, Inc. (Case No. RF-009).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a 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))
    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 the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics. 10 CFR 
430.27(b)(1)(iii).

[[Page 66339]]

    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). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to file an application for interim 
waiver of the applicable test procedure requirements. 10 CFR 
430.27(a)(2). The Assistant Secretary will grant an interim waiver 
request if it is determined that the applicant will experience economic 
hardship if the interim waiver is denied, if it appears likely that the 
petition for waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(g).
    On November 5, 2008, Electrolux filed a Petition for Waiver from 
the test procedures 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 Electrolux's new 
refrigerator-freezers that feature humidity sensors and adaptive 
control anti-sweat heaters. Consequently, Electrolux 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 June 4, 2009, DOE granted Electrolux an interim waiver and 
published Electrolux's petition for waiver. 74 FR 26853. DOE did not 
receive any comments on the Electrolux petition.

Assertions and Determinations

Electrolux's Petition for Waiver

    On November 5, 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 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, 
Electrolux's technology is similar to that used by the General Electric 
Company (GE) and Whirlpool Corporation (Whirlpool) for refrigerator-
freezers, which were the subject of Decision and Orders published at 73 
FR 10425 (February 27, 2008) and 74 FR 20695 (May 5, 2009), 
respectively. 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. Electrolux stated that the DOE test procedure 
does not accurately measure the energy consumption of its new 
refrigerators and refrigerator-freezers that feature variable anti-
sweat heater controls and adaptive heaters. Consequently, Electrolux 
has submitted for DOE approval an alternate test procedure that would 
allow it to correctly calculate the energy consumption of this new 
product line.
    Electrolux requested that it be permitted to use an alternate test 
procedure that is the same as that DOE prescribed for GE and Whirlpool 
refrigerators and refrigerator-freezers that are equipped with a 
similar technology. The alternate test procedure applicable to the GE 
and Whirlpool (and now Electrolux) 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 Electrolux Petition for waiver. The FTC staff did not 
have any objections to granting a waiver to Electrolux.

Conclusion

    After careful consideration of all the material that was submitted 
by Electrolux and consultation with the FTC staff, it is ordered that:
    (1) The ``Petition for Waiver'' submitted by Electrolux Home 
Products, Inc. (Case No. RF-009) is hereby granted as set forth in the 
paragraphs below.
    (2) Electrolux shall not be required to test or rate the following 
Electrolux models 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: EI28BS55IW, EI28BS55IB, 
EI28BS55IS, EW28BS70IW, EW28BS70IB, EW28BS70IS, EI23BC55IW, EI23BC55IB, 
EI23BC55IS, EW23BC70IW, EW23BC70IB, EW23BC70IS, E23BC78ISS, E23BC78PIS
    (3) Electrolux 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 Electrolux 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\1\)
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    \1\ Called ``correction factor'' by GE. .

.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 
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``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)

[[Page 66340]]

    + A9 * (Heater Watts at 85%RH)
    + 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 (FF) average 
temperature of 45 [deg]F and freezer (FZ) average temperature of 5 
[deg]F.
    System-loss Factor = 1.3

    (4) Representations. Electrolux may make representations about the 
energy use of its adaptive control anti-sweat heater refrigerator-
freezer products, for compliance, marketing, or other purposes, only to 
the extent that such products have been tested in accordance with the 
provisions outlined above, and such representations fairly disclose the 
results of such testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (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 December 8, 2009.

Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. E9-29779 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P