[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Notices]
[Pages 22584-22586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9973]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-012]


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

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-012) 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 using an alternate test procedure that takes this 
technology into account when measuring energy consumption.

DATES: This Decision and Order is effective April 29, 2010.

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]. Betsy Kohl, 
U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-
71, 1000 Independence Avenue, SW.,

[[Page 22585]]

Washington, DC 20585-0103, (202) 586-9507, E-mail: 
[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 in 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 the product has been tested 
consistent with the provisions and restrictions in the alternate test 
procedure set forth in the decision and order below, and the 
representations fairly disclose the test results. 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 April 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Electrolux Home Products, Inc. (Case No. RF-012).

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 that measure energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. Id. 
Sec.  6293(b)(3).
    Today's notice involves residential products under Part A. The test 
procedure for residential electric refrigerator-freezers relevant to 
the current petition for waiver 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 (1) the petitioner's basic model contains one or more 
design characteristics that prevent testing according to the prescribed 
test procedure, or (2) when 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(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. Sec.  430.27(b)(1)(iii).
    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. Sec.  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. Sec.  
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. Sec.  430.27(g).
    On November 6, 2008, Electrolux filed a petition for waiver from 
the test procedures applicable to residential refrigerators and 
refrigerator-freezers. Electrolux's 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. On July 13, 2009, Electrolux 
filed a petition for waiver for additional, similar models of 
residential refrigerators and refrigerator-freezers. Electrolux's 
petition was published in the Federal Register on December 15, 2009. 
Id. at 66344. In the same Federal Register notice, DOE extended the 
June 4, 2009, interim waiver to these additional models.
    On December 4, 2009, Electrolux filed a third 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. All three Electrolux petitions pertain to new 
refrigerators and refrigerator-freezers that contain variable anti-
sweat heater controls. These controls 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 (73 FR 39684), 
respectively. GE's waiver was granted on February 27, 2008 (73 FR 
10425). Whirlpool's waiver was granted on May 5, 2009 (74 FR 20695). 
DOE granted the first two Electrolux waivers on December 15, 2009 (74 
FR 66338), and March 11, 2010 (75 FR 11530).

Assertions and Determinations

Electrolux's Petition for Waiver

    In its December 2009 petition, Electrolux sought 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 
sought similar waivers in its July and November 2009 petitions, which 
were granted. Electrolux asserts these new products are identical in 
function and operation to the basic models listed in Electrolux's 
earlier petitions with respect to the properties that made those 
products eligible for a waiver. DOE did not receive any comments on the 
Electrolux petition.
    Electrolux requested it be permitted to use the same alternate test 
procedure DOE prescribed for GE, Whirlpool and Electrolux refrigerators 
and refrigerator-freezers equipped with a similar technology. The 
alternate test procedure applicable to the GE, Whirlpool and 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.

[[Page 22586]]

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-012) 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. Instead, it shall be 
required to test and rate such products according to the alternate test 
procedure as set forth in paragraph (3) below:

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****             ....................
 

     (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 1 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 result of the 
second test will be derived by performing 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 sections 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 defined in 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 issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.

    Issued in Washington, DC on April 22, 2010.

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

[FR Doc. 2010-9973 Filed 4-28-10; 8:45 am]
BILLING CODE 6450-01-P