[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Notices]
[Pages 51264-51266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20562]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-016]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to LG 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-016) that grants to LG Electronics, 
Inc. (LG) 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, LG shall be required to test and rate its 
refrigerator-freezers with relative humidity sensors and 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 August 19, 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]. Elizabeth Kohl, 
U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-
71, 1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 
586-7796, 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 LG 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 LG tests and rates such products using the alternate test 
procedure described in this notice. Today's decision prohibits LG 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 August 11, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: LG Electronics, Inc. (Case No. RF-016).

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 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 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. 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 April 20, 2010, LG 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. The products covered by the petition employ relative humidity 
sensors and adaptive control anti-sweat heaters, which detect and 
respond to temperature and humidity conditions, and then activate 
adaptive heaters as needed to evaporate excess moisture. LG's petition 
was published in the Federal Register on June 18, 2010. 75 FR 34726.

[[Page 51265]]

Assertions and Determinations
LG's Petition for Waiver
    In its April 2010 petition, LG 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. DOE did not receive any 
comments on the LG petition.
    LG requested that it be permitted to use the same alternate test 
procedure DOE prescribed for GE, Whirlpool, and other companies 
manufacturing refrigerators and refrigerator-freezers equipped with a 
similar technology. Specifically, DOE granted GE, Whirlpool, 
Electrolux, Samsung, and Haier waivers on February 27, 2008 (73 FR 
10425), May 5, 2009 (74 FR 20695), December 15, 2009 (74 FR 66338), 
March 18, 2010 (75 FR 13122), and June 7, 2010 (75 FR 32175), 
respectively. The alternate test procedure 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 LG petition for waiver. The FTC staff did not have any 
objections to granting a waiver to LG.
Conclusion
    After careful consideration of all the material that was submitted 
by LG and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the LG Electronics, Inc. 
(Case No. RF-016) is hereby granted as set forth in the paragraphs 
below.
    (2) LG shall not be required to test or rate the following LG 
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:

------------------------------------------------------------------------
              Type                   Sales model            Brand
------------------------------------------------------------------------
3D (3 door) Basic..............  LFC27**.
3D Water Dispenser only........  LFD28**.
3D Ice Water Dispenser.........  LFX29LG.
4D Basic.......................  LMC27**.
4D Water Dispenser only........  LMD28**.
4D Ice-Water Dispenser.........  LMX29**.
3D Ice-Water Dispenser.........  LSFX213ST.........  Viking
4D Ice-Water Dispenser.........  LSMX214ST.........  Viking
All............................  795.......  Kenmore
3D Basic.......................  LFC23760**........  LG
3D Basic.......................  LFC23770**........  LG
3D Dispenser...................  LFD23860**........  LG
3D Dispenser...................  7835.....  Kenmore
3D Ice and Water...............  7841.....  Kenmore
3D Ice and Water...............  LFX23965**........  LG
All............................  501..
2D SXS.........................  LRSC26923**.......  LG
2D SXS.........................  LRSC26925**.......  LG
2D SXS.........................  5101.....  Kenmore
2D SXS.........................  5102.....  Kenmore
2D SXS.........................  5103.....  Kenmore
2D SXS.........................  LSC27914**........  LG
2D SXS.........................  LSC27934**........  LG
2D SXS.........................  5107.....  Kenmore
2D SXS.........................  5108.....  Kenmore
2D SXS.........................  5109.....  Kenmore
2D SXS.........................  5131.....  Kenmore
2D SXS.........................  5132.....  Kenmore
2D SXS.........................  5137.....  Kenmore
2D SXS.........................  LSC23924**........  LG
2D SXS.........................  LSC23954**........  LG
3D Basic.......................  LFC20760**........  LG
3D Basic.......................  7130.....  Kenmore
3D Basic.......................  7830.....  Kenmore
3D Basic.......................  LFC23760**........  LG
3D Basic.......................  LFC23770**........  LG
3D Dispenser...................  7834.....  Kenmore
3D Dispenser...................  7835.....  Kenmore
3D Ice and Water...............  7840.....  Kenmore
3D Ice and Water...............  LFX23961**........  LG
All............................  795..on), 
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 = 0.016
------------------------------------------------------------------------

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. LG 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 August 11, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-20562 Filed 8-18-10; 8:45 am]
BILLING CODE 6450-01-P