[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Notices]
[Pages 32175-32177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13539]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-013]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Haier 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-013) that grants to Haier Group and 
Haier America Trading, L.L.C. (Haier) 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, Haier 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 June 7, 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].
    Jennifer Tiedeman, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 1000 Independence Avenue, SW., Washington, DC 
20585-0103, (202) 287-6111, 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 Haier 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 Haier tests and rates such products using the 
alternate test procedure described in this notice. Today's decision 
prohibits Haier 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 May 27, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Haier Group and Haier America Trading, L.L.C. 
(Case No. RF-013).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A, which provides for the ``Energy Conservation Program for 
Consumer Products Other Than Automobiles.'' 42 U.S.C. 6291-6309. Part A 
of Title III includes definitions, test procedures, labeling 
provisions, energy conservation standards, and the authority to require 
information and reports from manufacturers. Further, EPCA authorizes 
the Secretary of Energy to prescribe test procedures that are 
reasonably designed to produce results that measure energy efficiency, 
energy

[[Page 32176]]

use, or estimated operating costs, and that are not unduly burdensome 
to conduct. 42 U.S.C. 6293(b)(3).
    Today's notice involves residential electric refrigerator and 
refrigerator-freezer products covered under part A of Title III. The 
test procedure for residential electric refrigerators and refrigerator-
freezers is contained in 10 CFR part 430, subpart B, appendix A1.
    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver for a particular basic model 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. 10 CFR 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. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to file an application for interim 
waiver of the applicable test procedure requirements. 10 CFR 
430.27(a)(2). The Assistant Secretary will grant an interim waiver 
request if it is determined that the applicant will experience economic 
hardship if the interim waiver is denied, if it appears likely that the 
petition for waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(g).
    On January 11, 2010, Haier filed a petition for waiver from the 
test procedures applicable to residential refrigerators and 
refrigerator-freezers. Haier's petition was published in the Federal 
Register on March 11, 2010. 75 FR 11522. In that notice, DOE announced 
its grant of an interim waiver to Haier. The Haier petition pertains 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. Haier's technology is 
similar to that used by General Electric Company (GE), Whirlpool 
Corporation (Whirlpool), Electrolux, and Samsung Electronics America, 
Inc. (Samsung). The GE, Whirlpool, Electrolux, and Samsung waivers were 
granted February 27, 2008 (73 FR 10425), May 5, 2009 (74 FR 20695), 
December 15, 2009 (74 FR 66338), and March 18, 2010 (75 FR 13122), 
respectively.

Assertions and Determinations

Haier's Petition for Waiver

    In its January 2010 petition, Haier sought a waiver from the 
existing DOE test procedure applicable to refrigerators and 
refrigerator-freezers under 10 CFR part 430 because the test procedure 
takes neither ambient humidity nor adaptive technology into account. 
DOE did not receive any comments on the Haier petition. Haier requested 
that it be permitted to use the same alternate test procedure DOE 
prescribed for GE, Whirlpool and other refrigerators and refrigerator-
freezers equipped with a similar technology. The alternate test 
procedure applicable to the GE, Whirlpool, Samsung and Electrolux 
products simulates the energy used by the adaptive heaters in a typical 
consumer household, as explained in the respective decisions and orders 
referenced above. As DOE has stated in the past, it is in the public 
interest to have similar products tested and rated for energy 
consumption on a comparable basis.

Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Haier petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Haier.

Conclusion

    After careful consideration of all the material that was submitted 
by Haier and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by Haier Group and Haier 
America Trading, L.L.C. (Case No. RF-013) is hereby granted as set 
forth in the paragraphs below.
    (2) Haier shall not be required to test or rate the following Haier 
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:

----------------------------------------------------------------------------------------------------------------
 
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       RBFS21SIBP             RBFS21SIBE             RBFS21SIBS             RBFS21TIBP             RBFS21TIBE
----------------------------------------------------------------------------------------------------------------
       RBFS21TIBS             RBFS21EDBP             RBFS21EDBE             RBFS21EDBS                  HB21QC10NP
----------------------------------------------------------------------------------------------------------------
            HB21QC10NE             HB21QC10NS             HB21QC40NP             HB21QC40NE             HB21QC40NS
----------------------------------------------------------------------------------------------------------------
            HB21QC70NP             HB21QC70NE             HB21QC70NS             HB21FC10NP             HB21FC10NE
----------------------------------------------------------------------------------------------------------------
            HB21FC10NS             HB21FC40NP             HB21FC40NE             HB21FC40NS             HB21FC70NP
----------------------------------------------------------------------------------------------------------------
            HB21FC70NE             HB21FC70NS             HB25QC10NP             HB25QC10NE             HB25QC10NS
----------------------------------------------------------------------------------------------------------------
            HB25QC40NP             HB25QC40NE             HB25QC40NS             HB25QC70NP             HB25QC70NE
----------------------------------------------------------------------------------------------------------------
            HB25QC70NS             HB25FC10NP             HB25FC10NE             HB25FC10NS             HB25FC40NP
----------------------------------------------------------------------------------------------------------------
            HB25FC40NE             HB25FC40NS             HB25FC70NP             HB25FC70NE             HB25FC70NS
----------------------------------------------------------------------------------------------------------------
            H21BFC45   .....................  .....................  .....................  ....................
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     (3) Haier 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 Haier 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

[[Page 32177]]

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. Haier 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 May 27, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-13539 Filed 6-4-10; 8:45 am]
BILLING CODE 6450-01-P