[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66344-66348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29787]


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DEPARTMENT OF ENERGY

[Case No. RF-010]


Energy Conservation Program for Consumer Products: Notice of 
Petition for Waiver of Electrolux Home Products, Inc. From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure, and Modification of Interim Waiver

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

ACTION: Notice of petition for waiver, notice of modification of 
interim waiver, and request for 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 U.S. Department of Energy (DOE) test 
procedure for determining the energy consumption of electric 
refrigerators and refrigerator-freezers. Today's notice also modifies 
an interim waiver of the test procedures applicable to residential 
refrigerator-freezers by extending it to additional Electrolux basic 
models. Through this document, DOE is soliciting comments with respect 
to the Electrolux Petition.

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

ADDRESSES: You may submit comments, identified by case number ``RF-
010,'' 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 [Case No. RF-010], 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/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 Interchange (ASCII)) file 
format and 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).
    Any person submitting written comments must also send a copy of 
such comments to the petitioner, pursuant to 10 CFR 431.401(d). 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].
    According to 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 to DOE: 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 background 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) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Available 
documents include the following items: (1) This notice; (2) public 
comments received; (3) the Petition for Waiver and Application for 
Interim Waiver; and (4) prior DOE rulemakings regarding similar central 
air conditioning and heat pump equipment. Please call Ms. Brenda 
Edwards at the above telephone number for additional information 
regarding visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: 
[email protected].
    Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy, 
Office of the General Counsel, Mail Stop GC-71, Forrestal Building, 
1000

[[Page 66345]]

Independence Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 
586-8145. E-mail: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 6, 2008, Electrolux filed a Petition for Waiver and 
Application for Interim Waiver from the test procedure applicable to 
residential electric refrigerators and refrigerator-freezers set forth 
in 10 CFR Part 430, subpart B, appendix A1. The products covered by the 
petition employ adaptive anti-sweat heaters, which detect and respond 
to temperature and humidity conditions, and then activate adaptive 
heaters as needed to evaporate excess moisture. DOE granted 
Electrolux's Application for Interim Waiver on March 3, 2009. On June 
4, 2009, DOE published Electrolux's Petition for Waiver for residential 
refrigerator-freezers with adaptive anti-sweat heaters in the Federal 
Register. 74 FR 26853. Following a March 24, 2009, request from 
Electrolux, the June 4, 2009, Federal Register notice also expanded the 
Interim Waiver to cover four additional models.

II. Petition for Waiver of Test Procedure and Modified Interim Waiver

    On July 13, 2009, Electrolux informed DOE that after it filed its 
Petition for Waiver in November 2008, it developed additional basic 
models with adaptive anti-sweat heater technology. Electrolux asserted 
that these new products are identical in function and operation to the 
basic models listed in Electrolux's November 2008 petition with respect 
to the properties that made those products eligible for a waiver. 
Therefore, Electrolux requested that DOE add these models to the list 
of basic models for which the interim waiver was granted. In addition, 
Electrolux requested that DOE grant a new Waiver for these additional 
basic models. The following additional products are covered by the July 
2009 waiver request:

EI28BS36IW             EI28BS36IB             EI28BS36IS             EI28BS51IW             EI28BS51IB
EI28BS51IS             EI23BC36IW             EI23BC36IB             EI23BC36IS             EI23BC51IW
EI23BC51IB             EI23BC51IS             E23BC58JSS             E23BC58JPS             E23BC78ISS
E23BC78IPS             FGHB2844LP             FGHB2844LE             FGHB2844LM             FGHB2844LF
FGHB2846LM             FGHN2844LP             FGHN2844LE             FGHN2844LM             FGHN2844LF
FGHB2869LP             FGHB2869LE             FGHB2879LF             FGHN2869LP             FGHN2869LE
FGHN2879LF             FPHB2899LF             FPHN2899LF             .....................  ....................
 

    DOE notes that Electrolux's July 2009 petition to extend its 
Interim Waiver and Petition for Waiver also contains an alternate test 
procedure that addresses the treatment of products equipped with 
adaptive anti-sweat heaters. The alternate test procedure submitted in 
the July 2009 petition is identical to the one contained in 
Electrolux's November 6, 2008 Petition. Accordingly, for the same 
reasons cited in its grant of the November 2008 interim waiver 
request--i.e. similarity between the type of products covered by the 
Electrolux petitions and the type addressed in a waiver previously 
granted to General Electric Company--DOE is extending that interim 
waiver to cover the new products addressed in Electrolux's July 2009 
petition. See also 74 FR 26854 (citing 72 FR 10425 (Feb. 27, 2008)).

III. Alternate Test Procedure

    During the duration of the interim waiver, Electrolux shall be 
required to test the products listed 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 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 + (Correction Factor)

    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.

Correction Factor = (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:

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

IV. Summary and Request for Comments

    The Department has reviewed Electrolux's Petition and its request 
to extend its Interim Waiver to additional models. The list of 
additional models does not reflect any changes to the models listed in 
Electrolux's November

[[Page 66346]]

2008 Petition with respect to the properties making them eligible for a 
waiver, which involved the accuracy of the test procedure as applied to 
this new technology. Given that the modified list does not change in 
any way the basis for granting the interim waiver, DOE finds that it is 
appropriate that the Interim Waiver granted on March 3 and extended on 
June 4, 2009, apply to the additional models listed in this Petition. 
Accordingly, DOE extends these prior grants of Interim Waivers to the 
models listed in this Petition.
    Through today's notice, DOE announces receipt of Electrolux's 
Petition for Waiver from certain parts of the test procedure that apply 
to additional basic models of refrigerators and refrigerator-freezers 
with variable anti-sweat heater controls and adaptive heaters 
manufactured by Electrolux. 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 December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Writer's Direct Access
Sheila A. Millar
(202) 434-4143
[email protected]
July 13, 2009

Via Overnight Delivery

The Honorable Catherine Zoi
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 Zoi:
    On behalf of our client, Electrolux Home Products, Inc. 
(``Electrolux''), we respectfully submit 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 C.F.R. Sec.  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. Petition for Waiver

    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. On February 27, 2008 and May 5, 2009, the Department 
granted Petitions for Waiver filed respectively by General Electric 
Corporation (``GE'') and Whirlpool Corporation (``Whirlpool'') to 
establish a new methodology to calculate the energy consumption of a 
refrigerator-freezer when such a product contains adaptive anti-sweat 
heaters.\1\
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    \1\ Decision and Order Granting a Waiver to the General Electric 
Company From the Department of Energy Residential Refrigerator and 
Refrigerator-Freezer Test Procedure (Case No. RF-007), 73 Fed. Reg. 
10,425; 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, 74 Fed. Reg. 20,695.
---------------------------------------------------------------------------

    Electrolux has developed its own adaptive anti-sweat system that 
uses a humidity sensor to operate the anti-sweat heaters. On November 
6, 2008, Electrolux filed a Petition for Waiver and Application for 
Interim Waiver from the test procedure applicable to residential 
electric refrigerators and refrigerator-freezers. Having determined 
that Electrolux is seeking a waiver similar to the one granted to GE, 
and that the Electrolux Petition is likely to be granted, the 
Department on March 3, 2009, granted Electrolux an Interim Waiver, 
which was expanded on June 4, 2009, to cover four additional models.\2\
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    \2\ See 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, 74 Fed. Reg. 26,853 (June 4, 2009).
---------------------------------------------------------------------------

    Department 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.\3\
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    \3\ 10 CFR Sec.  430.27(m).
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In the interim, however, Electrolux is developing and planning to 
shortly introduce into the marketplace new models that use the 
identical adaptive anti-sweat system addressed by the March 3, 2009 
Interim Waiver. Accordingly, Electrolux is filing this Petition for 
Waiver and Application for Interim Waiver to address these new models.
    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.'' \4\
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    \4\ 10 CFR Sec.  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 models cannot be properly 
tested.
    Second, testing Electrolux's new refrigerator models according to 
the test procedure would provide results that do

[[Page 66347]]

not accurately measure the energy used by the new refrigerator.

A. 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 of the humidity or 
amount of sweat on the unit.
---------------------------------------------------------------------------

    \5\ 10 CFR Part 430, Subpart B, App. A1.
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B. 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.\6\ 
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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    \6\ 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 Fed. Reg. 40,689 (Aug. 3, 2001).
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    The Electrolux models, with the anti-sweat technology, subject to 
this Petition are:

EI28BS36IW             EI28BS36IB             EI28BS36IS             EI28BS51IW             EI28BS51IB
EI28BS51IS             EI23BC36IW             EI23BC36IB             EI23BC36IS             EI23BC51IW
EI23BC51IB             EI23BC51IS             E23BC58JSS             E23BC58JPS             E23BC78ISS
E23BC78IPS             FGHB2844LP             FGHB2844LE             FGHB2844LM             FGHB2844LF
FGHB2846LM             FGHN2844LP             FGHN2844LE             FGHN2844LM             FGHN2844LF
FGHB2869LP             FGHB2869LE             FGHB2879LF             FGHN2869LP             FGHN2869LE
FGHN2879LF             FPHB2899LF             FPHN2899LF             .....................  ....................
 

    As with the models covered by the prior petition, 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 Whirlpool in their Petitions 
for Waiver.\7\ 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.
---------------------------------------------------------------------------

    \7\ Publication of the Petition for Waiver of General Electric 
Company From the Department of Energy Refrigerator and Refrigerator/
Freezer Test Procedures, 72 Fed. Reg. 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 Fed. Reg. 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 humidity                                Probability          Constant
                                                                                (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:


[[Page 66348]]


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).

II. Application for Interim Waiver

    Pursuant to Department regulations, 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.'' \8\
---------------------------------------------------------------------------

    \8\ 10 CFR. Sec.  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 November 6, 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. Moreover, the adaptive anti-sweat system in the 
Electrolux models referenced above is identical or similar to those 
addressed by the March 3, 2009 Interim Waiver granted to Electrolux by 
the Department, and June 4, 2009, Federal Register notice.\9\ 
Accordingly, Electrolux respectfully submits that sufficient grounds 
exist for the Assistant Secretary to grant the Electrolux Application 
for Interim Waiver.
---------------------------------------------------------------------------

    \9\ See supra note 2.
---------------------------------------------------------------------------

III. Conclusion

    Electrolux urges the Assistant Secretary to grant its Petition for 
Waiver and Application for Interim Waiver to 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.

IV. 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, Haier America 
Trading, L.L.C., Heartland Appliances, Inc., 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. 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

[FR Doc. E9-29787 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P