[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19077-19078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8142]



[[Page 19077]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-017]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to 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: 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-017) that grants to Electrolux Home 
Products, Inc. (Electrolux) a waiver from the DOE electric refrigerator 
and refrigerator-freezer test procedures 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 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 April 6, 2011.

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].
    Ms. 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 Electrolux a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures found 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 March 30, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Electrolux Home Products, Inc. (Case No. RF-017)

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B 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 electric 
refrigerators and refrigerator-freezers is contained in 10 CFR part 
430, subpart B, appendix A1.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    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 for which the petition for waiver was 
submitted 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).
    Any interested person who has submitted a petition for waiver may 
also 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).

II. Electrolux's Petition for Waiver: Assertions and Determinations

    On September 15, 2010, Electrolux filed a petition for waiver from 
the test procedures 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. Electrolux's 
petition was published in the Federal Register on December 10, 2010. 75 
FR 76962. In its petition, Electrolux sought a waiver from the existing 
DOE test procedure because it takes neither ambient humidity nor 
adaptive technology into account. DOE did not receive any comments on 
the Electrolux petition.
    Electrolux 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 
(3 waivers), LG, Samsung (2 waivers), and Haier waivers on February 27, 
2008 (73

[[Page 19078]]

FR 10425); May 5, 2009 (74 FR 20695); December 15, 2009 (74 FR 66338), 
March 11, 2010 (75 FR 11530), April 29, 2010 (75 FR 22584); August 19, 
2010 (75 FR 51264); March 18, 2010 (75 FR 13120), August 3, 2010 (75 FR 
45623); and June 7, 2010 (75 FR 32175), respectively. The approved 
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.
    Since the publication of the December notice, DOE issued an interim 
final rule that prescribes a particular procedure to address the type 
of system employed by the Electrolux products at issue. See 75 FR 78810 
(December 16, 2010). This procedure would apply to those products 
manufactured starting in 2014.

III. 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.

IV. 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 the Electrolux Home 
Products, Inc. (Case No. RF-017) is hereby granted as set forth in the 
paragraphs below.
    (2) Electrolux shall not be required to test or rate the following 
Electrolux models: EI27BS**** FGUN26**** CFD26***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:
    (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 standard 
cycle 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:

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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
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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.
    (7) Grant of this waiver does not release a petitioner from the 
certification requirements set forth at 10 CFR 430.62.

    Issued in Washington, DC, on March 30, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-8142 Filed 4-5-11; 8:45 am]
BILLING CODE 6450-01-P