[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4539-4545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1756]


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DEPARTMENT OF ENERGY

[Case No. RF-012]


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 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 
Electrolux's product lines that utilize a control logic that changes 
the wattage of the anti-sweat heaters based upon the ambient relative 
humidity conditions 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 solicits comments, data, and 
information concerning Electrolux's Petition and the suggested 
alternate test procedure. DOE also publishes notice of the grant of an 
interim waiver to Electrolux.

DATES: DOE will accept comments, data, and information with respect to 
the Electrolux Petition until, but no later than March 1, 2010.

ADDRESSES: You may submit comments, identified by case number ``RF-
012,'' 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-012], 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.
    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

[[Page 4540]]

Petition for Waiver and Application for Interim Waiver; and (4) prior 
DOE rulemakings regarding similar refrigerators and refrigerator-
freezers. 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 Independence Avenue, SW., Washington, DC 20585-0103. Telephone: 
(202) 586-8145. E-mail: [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION:

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 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 Title 10 of the 
Code of Federal Regulations (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 430.27(l). 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. 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 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); 430.27(g)) 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 of Test Procedure

    On December 4, 2009, 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 (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). On 
November 6, 2008, Electrolux filed a Petition for Waiver, similar to 
the current Electrolux Petition, from the test procedures applicable to 
additional basic models of residential refrigerators and refrigerator-
freezers. Electrolux's November 2008 Petition was published in the 
Federal Register on June 4, 2009. 74 FR 26853. In that notice, DOE 
announced its grant of an interim waiver to Electrolux, and expanded 
that waiver to include four additional models after receiving 
supplemental information from the company. DOE granted Electrolux's 
November 2008 petition for waiver on December 15, 2009. 74 FR 66338.
    In its December 2009 petition, as in its November 2008 petition, 
Electrolux seeks a waiver from the existing DOE test procedure 
applicable to refrigerators and refrigerator-freezers under 10 CFR part 
430 because the existing test procedure takes neither ambient humidity 
nor adaptive technology into account. Therefore, Electrolux states 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 the same in all relevant particulars as that prescribed 
for GE, Whirlpool and Electrolux itself for refrigerators and 
refrigerator-freezers that are equipped with the same type of 
technology. The alternate test procedure applicable to these 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

    Electrolux also requests an interim waiver from the existing DOE 
test procedure. 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 Electrolux'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

[[Page 4541]]

hardship Electrolux might experience absent a favorable determination 
on its application for interim waiver. DOE understands, however, that 
absent an Interim Waiver, Electrolux'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 
Electrolux's Petition for Waiver will be granted, and it is desirable 
for public policy reasons to grant Electrolux immediate relief pending 
a determination on the petition for waiver. As stated above, DOE has 
already granted similar waivers to GE, Whirlpool and Electrolux because 
the test procedure does not accurately represent the energy consumption 
of refrigerator-freezers containing relative humidity sensors and 
adaptive control anti-sweat heaters. The rationale for granting these 
waivers is equally applicable to Electrolux, 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 Electrolux'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 Electrolux is hereby 
granted for Electrolux's refrigerator-freezer product line containing 
relative humidity sensors and adaptive control anti-sweat heaters, 
subject to the specifications and conditions below.
    1. Electrolux 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. Electrolux 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:

CRS23***               FFCU23****             FGHS26****             FGUN23****             FGHB28****
CRS26***               FGHC23****             FGUS26****             FPHN23****             FGUB28****
FFHS23****             FGCU23****             FPHS26****             FPUN23****             FPHB28****
FFUS23****             FPHC23****             FPUS26****             EI23BC****             FPUB28****
FGHS23****             FPCU23****             EI26SS****             EW23BC****             FGHN28****
FGUS23****             FFSC23****             EW26SS****             E23BC*****             FGUN28****
FPHS23****             EI23CS****             FGHF23****             FFHB26****             FPHN28****
FPUS23****             EW23CS****             FGUB23****             FFUB26****             FPUN28****
EI23SS****             E23CS****              FPHF23****             FFHN26****             EI28BS****
EW23SS****             FFHS26****             FPUB23****             FFUN26****             EW28BS****
FFHC23****             FFUS26****             FGHN23****             EI26BS****
 

    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

    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. 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.
    For 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

[[Page 4542]]

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

V. Summary and Request for Comments

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

    Issued in Washington, DC, on January 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
December 4, 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

Writer's Direct Access
Sheila A. Millar
(202) 434-4143
[email protected]

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 
residential refrigerator and refrigerator-freezer energy consumption 
under 10 CFR 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.
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    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\ 
On July 13, 2009, Electrolux filed a second Petition for Waiver and 
Application for Interim Waiver for residential electric refrigerators 
and

[[Page 4543]]

refrigerator freezers with the Department that is still pending.
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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 adaptive 
anti-sweat technology. 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\
---------------------------------------------------------------------------

    \4\ 10 CFR Sec.  430.27(l).
---------------------------------------------------------------------------

    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 existing test procedure would provide results that do 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.
---------------------------------------------------------------------------

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

    \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).
---------------------------------------------------------------------------

    The following basic Electrolux refrigerator and refrigerator-
freezer models featuring anti-sweat technology are subject to this 
Petition and include, but are not limited to, bottom mount, bottom 
mount French door, and side by side models, with and without through 
the door ice and water. The actual model numbers will vary to account 
for year of manufacture, product color, or other features (e.g., 
whether or not the unit has through the door ice and water or other 
features), but will always include anti-sweat technology whose energy 
impact is calculated in accordance with this Petition.

CRS23***               FFCU23****             FGHS26****             FGUN23****             FGHB28****
CRS26***               FGHC23****             FGUS26****             FPHN23****             FGUB28****
FFHS23****             FGCU23****             FPHS26****             FPUN23****             FPHB28****
FFUS23****             FPHC23****             FPUS26****             EI23BC****             FPUB28****
FGHS23****             FPCU23****             EI26SS****             EW23BC****             FGHN28****
FGUS23****             FFSC23****             EW26SS****             E23BC*****             FGUN28****
FPHS23****             EI23CS****             FGHF23****             FFHB26****             FPHN28****
FPUS23****             EW23CS****             FGUB23****             FFUB26****             FPUN28****
EI23SS****             E23CS****              FPHF23****             FFHN26****             EI28BS****
EW23SS****             FFHS26****             FPUB23****             FFUN26****             EW28BS****
FFHC23****             FFUS26****             FGHN23****             EI26BS****             ....................
 

    As with the models covered by the prior petitions, 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\ as well as by

[[Page 4544]]

Electrolux in its earlier Petition. 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:

------------------------------------------------------------------------
                                                Probability    Constant
             % Relative  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).

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).
---------------------------------------------------------------------------

    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 and July 13, 
2009, Petitions for Waiver and Applications 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.
    In addition to more fairly and accurately representing the actual 
energy usage of appliances equipped with this technology, anti-sweat 
heaters are now a well-recognized and widely used technology in the 
industry. The alternate test procedure that is the subject of this 
Waiver request is now the established method by which the energy 
performance of anti-sweat heaters is measured, and Electrolux has 
invested heavily to implement this procedure for its new models. 
Consequently, requiring Electrolux to use the energy test procedure at 
10 CFR Sec.  430.27 would impose an economic hardship on the Company. 
The adaptive anti-sweat system in the Electrolux models referenced 
above is 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-

[[Page 4545]]

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, 
Electrolux 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. 2010-1756 Filed 1-27-10; 8:45 am]
BILLING CODE 6450-01-P