[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Notices]
[Pages 22586-22588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9969]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-015]


Energy Conservation Program for Consumer Products: Notice of 
Petition for Waiver of General Electric Company (GE) From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure

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

ACTION: Notice of petition for waiver and request for comments.

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SUMMARY: This notice announces receipt of and publishes the GE 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. Through this 
document, DOE is

[[Page 22587]]

soliciting comments with respect to the GE petition.

DATES: DOE will accept comments, data, and information with respect to 
the GE petition until, but no later than June 1, 2010.

ADDRESSES: You may submit comments, identified by case number RF-015, 
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-015], and/or ``GE 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 Title 10 of the Code of 
Federal Regulations (10 CFR) 430.27(d). The contact information for the 
petitioner is: Earl F. Jones, Senior Counsel, GE Consumer & Industrial, 
Appliance Park 2-225, Louisville, KY 40225. 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 (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. Betsy Kohl, 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) 586-7796. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 19, 2006, GE filed a petition for waiver from the test 
procedure applicable to residential electric refrigerators and 
refrigerator-freezers set forth in Title 10 of the Code of Federal 
Regulations (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. GE's 
petition was published in the Federal Register on April 17, 2007. 72 FR 
19189. DOE granted the GE petition in a decision & order published on 
February 27, 2008. 73 FR 10425.

II. Petition for Waiver of Test Procedure

    On February 16, 2010, GE informed DOE that it has developed 
additional basic models with adaptive anti-sweat heater technology. GE 
asserted that these new products function and operate the same way as 
the basic models listed in GE's December 2006 petition for waiver with 
respect to the properties that made those products eligible for a 
waiver. GE requested that DOE grant a new waiver for these additional 
basic models. The following additional products are covered by the 
February 2010 waiver request:
    All models with the letters CFCP1NIY****, CFCP1NIZ****, 
CFCP1ZIY****, PFCF1NFY****, PFCF1NFZ****, PFCF1PJY****, PFCF1PJZ****, 
PFCS1NFY****, PFCS1NFZ****, PFCS1PJY****, PFCS1PJZ****, PFQS5PJY****, 
PFSF5NFY****, PFSF5NFZ****, PFSF5PJY****, PFSF5PJZ****, PFSS5NFY****, 
PFSS5NFZ****, PFSS5PJY****, PFSS5PJZ****, PGCS1NFY****, PGCS1NFZ****, 
PGCS1PJY****, PGCS1PJZ****, PGSS5NFY****, PGSS5NFZ****, PGSS5PJY****, 
PGSS5PJZ****, ZFGB21HY****, ZFGB21HZ****, ZFGP21HY****, ZFGP21HZ****. 
(The asterisks, or wild cards, denote color or other features that do 
not affect energy performance.)
    DOE notes that GE's February 2010 petition for waiver also includes 
an alternate test procedure for testing products equipped with adaptive 
anti-sweat heaters. The alternate test procedure submitted in the 
February 2010 petition is identical to the one contained in GE's 
December 2006 petition.

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of GE's petition for 
waiver from certain parts of the test procedure that apply to basic 
models of refrigerators and refrigerator-freezers with variable anti-
sweat heater controls and adaptive heaters manufactured by GE. DOE is 
publishing GE'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 GE'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 April 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[[Page 22588]]

February 16, 2010

Catherine R. Zoi, Assistant Secretary, Energy Efficiency & Renewable 
Energy, Department of Energy, 1000 Independence Ave., SW., Route 
Symbol: EE-1, Wash. DC 20585

 Re: Case No. RF-007

Dear Ms. Assistant Secretary:

    GE Consumer & Industrial, is an operating division of General 
Electric Co., (``GE'') is a leading manufacturer and marketer of 
household appliances, including, as relevant to this proceeding, 
refrigerators. In December 2006, GE filed a Petition for Waiver 
(``Petition''), which requested the then-Assistant Secretary grant it a 
waiver from certain parts of the test procedure promulgated by the U.S. 
Department of Energy (``DOE'' or ``the Department'') for determining 
refrigerator-freezer energy consumption for its new models of 
refrigerator-freezers. These innovative models were designed with 
adaptive anti-sweat heaters, i.e., anti-sweat heaters that respond to 
humidity conditions found in consumers' homes. Depending on ambient 
humidity conditions, the anti-sweat heaters would be turned on or off 
to prevent the accumulation of moisture inside the unit and on the 
outside of the case. And, because of their ability to sense humidity 
conditions, energy used to turn the anti-sweat heaters on can be better 
controlled.
    As pointed out in GE's petition, the test conditions specified by 
DOE's test procedure neither define required humidity conditions nor 
otherwise take ambient humidity conditions into account in calculating 
energy consumption, the adaptive feature of GE's new model cannot be 
tested.
    The Petition also pointed out that, if GE had tested its new smart-
technology refrigerator per the test procedure the results would not 
have accurately measured the energy used by the new models.
    The Assistant Secretary granted GE's waiver petition on February 
27, 2008.\1\ Thereafter, Whirlpool Corp. filed and was granted its 
waiver petition, \2\ as was Electrolux \3\ and Samsung.\4\
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    \1\ FR Vol. 73 10425 et seq.
    \2\ FR Vol. 73 39684 et seq. (July 10, 2008).
    \3\ FR Vol. 74 66344 et seq. (December 15, 2009).
    \4\ FR Vol. 74 66340 et seq. (December 15, 2009).
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    GE files this request for the sole purpose of asking that the 
relief granted in 2008 be extended to GE's new models of refrigerator-
freezers.\5\ If this request must be treated as a new waiver petition 
pursuant to 10 C.F.R. Sec.  430.27, then please accept it as such. If, 
however, this request can be treated as a request to amend the 2008 
decision to cover the new models, then please accept it as such.
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    \5\ The new models are all models with the letters CFCP1NIY****, 
CFCP1NIZ****, CFCP1ZIY****, PFCF1NFY****, PFCF1NFZ****, 
PFCF1PJY****, PFCF1PJZ****, PFCS1NFY****, PFCS1NFZ****, 
PFCS1PJY****, PFCS1PJZ****, PFQS5PJY****, PFSF5NFY****, 
PFSF5NFZ****, PFSF5PJY****, PFSF5PJZ****, PFSS5NFY****, 
PFSS5NFZ****, PFSS5PJY****, PFSS5PJZ****, PGCS1NFY****, 
PGCS1NFZ****, PGCS1PJY****, PGCS1PJZ****, PGSS5NFY****, 
PGSS5NFZ****, PGSS5PJY****, PGSS5PJZ****, ZFGB21HY****, 
ZFGB21HZ****, ZFGP21HY****, ZFGP21HZ****. The asterisks, or wild 
cards, denote color or other features that do not affect energy 
performance.
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    GE incorporates herein the original humidity sensor waiver petition 
and has attached the petition hereto as Exhibit 1. Attached as Exhibit 
2 is the Department's decision granting that petition.
    We believe that granting our request will be another step in the 
Department's support of advanced technologies, technologies that 
promote innovation and strengthen consumer confidence in the 
reliability of the Department's test procedures
    A favorable and speedy ruling on this matter is necessary as the 
new models are in development and scheduled for sale in the second 
quarter of 2010. GE will be injured in the market if approval is 
delayed. Hardship to GE would result if the benefits of the investment 
in developing the new models is delayed.
Respectfully submitted,
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Earl F. Jones
Senior Counsel
GE Consumer & Industrial
Appliance Park 2-225
Louisville, KY 40225 [email protected]
502-452-3164 (voice)
502-452-0395 (fax)

Affected Persons

    Primary affected persons in the refrigerator-freezer category 
include BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH), 
Electrolux Home Products, Equator, Fisher & Paykel Appliances, Inc., 
Gorenje USA, Haier America Trading, L.L.C., Heartland Appliances, Inc., 
Kelon Electrical Holdings Col, Ltd., Liebherr Hausgerate, LG 
Electronics USA INC., Northland Corporation, Samsung Electronics 
America, Inc., Sanyo Fisher Company, Sears, Sub-Zero Freezer Company, 
U-Line, Viking Range, and Whirlpool Corporation. The Association of 
Home Appliance Manufacturers is also generally interested in energy 
efficiency requirements for appliances. Consumers' Union, ACEEE, NRDC 
and Alliance to Save Energy are not manufacturers but have an interest 
in this matter. GE will notify all these organizations as required by 
the Department's rules and provide them with a non-confidential version 
of this Petition.

[FR Doc. 2010-9969 Filed 4-28-10; 8:45 am]
BILLING CODE 6450-01-P