[Federal Register: April 17, 2007 (Volume 72, Number 73)]
[Notices]
[Page 19189-19192]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap07-44]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-007]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver of General Electric Company From the Department
of Energy (DOE) Refrigerator and Refrigerator-Freezer Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver and request for public comments.
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SUMMARY: Today's notice announces General Electric Company's (GE's)
Petition for Waiver (hereafter, ``Petition'') from parts of the DOE
test procedure for determining the energy consumption of electric
refrigerators and refrigerator-freezers. GE has developed a new product
line of refrigerators and refrigerator-freezers that contain sensors to
detect temperature and humidity, and which interact with controls to
vary the effective wattage of anti-sweat heaters to evaporate excess
moisture. The existing test procedure does not take ambient
temperature, humidity, or adaptive control technology into account.
Therefore, GE proposes an alternate test procedure that takes adaptive
control technology into account when measuring energy consumption. DOE
is soliciting comments, data, and information concerning GE's Petition
and the proposed alternate test procedure.
DATES: DOE will accept comments, data, and information not later than
May 17, 2007.
ADDRESSES: Please submit comments, identified by case number RF-007, by
any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: Michael.raymond@ee.doe.gov. Include case number
RF-007, or ``GE Petition,'' or both in the subject line of the message.
Postal Mail: Ms. Brenda Edwards-Jones, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, Petition for
Waiver Case No. RF-007, 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-Jones, U.S.
Department of Energy, Building Technologies Program, Room 1J-018,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121.
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
(ASCII) file format. Avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. Absent an electronic signature, comments submitted
electronically must be followed and authenticated by submitting the
signed original paper document. DOE will not accept telefacsimiles
(faxes). According to section 430.27(b)(1)(iv) of 10 CFR Part 430, any
person submitting written comments must also send a copy of the
comments to the Petitioner: Mr. Earl F. Jones, Senior Counsel, GE
Consumer & Industrial, Appliance Park 2-225, Louisville, KY 40225.
Under 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: 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 that determination.
Docket: For access to the docket to read this notice, the petition
for waiver, background documents, or comments received, go to the U.S.
Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of
the Building Technologies Program), 1000 Independence Avenue, SW.,
Washington, DC, (202) 586-9127, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda
Edwards-Jones at (202) 586-2945 for additional information regarding
visiting the Resource Room. Please note that the DOE's Freedom of
Information Reading Room (formerly Room 1E-190 in the Forrestal
Building) is no longer housing rulemaking materials.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-
9611. E-mail: Michael.Raymond@ee.doe.gov, or Ms. Francine Pinto, Esq.,
U.S. Department of Energy, Office of General Counsel, Mail Stop GC-72,
1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-
9507. E-mail: Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Alternate Test Procedure
IV. Summary and Request for Comments
I. Background and Authority
Title III of the Energy Policy and Conservation Act (``EPCA'') sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III (42 U.S.C. 6291-6309) provides for the ``Energy Conservation
Program for Consumer Products Other Than Automobiles.'' 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 refrigerators and
refrigerator-freezers is contained in 10 CFR Part 430, Subpart B,
Appendix A1.
The regulations set forth in 10 CFR 430.27 contain provisions that
enable a person to seek a waiver from the test procedure requirements
for a covered consumer product. A waiver will be granted by the
Assistant Secretary if it is determined that the basic model for which
the Petition for Waiver was submitted contains a design characteristic
which either prevents testing of the basic model according to the
prescribed test procedures, or the 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(l). In general, a waiver will remain in
effect until final test procedure amendments become effective, thereby
resolving the problem that is the subject of the waiver. 10 CFR Part
430.27(m).
II. Petition for Waiver
On November 18, 2006, GE filed a Petition for Waiver from the
uniform test method for measuring the energy consumption of electric
refrigerators and electric refrigerator-freezers set forth at appendix
A1 to subpart B of 10 CFR Part 430. GE subsequently modified its
Petition; the final version was filed
[[Page 19190]]
December 21, 2006. (GE's original Petition was drafted in the form of a
test procedure revision, with changes to the CFR. It also included an
Application for Interim Waiver, which was not included in the final
version). GE is designing new refrigerators and refrigerator-freezers
that contain variable anti-sweat heater controls that detect and
respond to a broad range of temperature and humidity conditions, and
then activate adaptive heaters as needed to evaporate excess moisture.
GE's alternate test procedure simulates the energy used by the adaptive
heaters in a typical consumer household. Because the existing test
procedure under 10 CFR Part 430 takes neither ambient humidity nor
adaptive technology into account, it does not accurately measure the
energy consumption of GE's new refrigerators and refrigerator-freezers
that feature variable anti-sweat heater controls and adaptive heaters.
Consequently, GE has submitted to DOE for approval an alternate test
procedure to assure that it is correctly calculating the energy
consumption of this new product line.
III. Alternate Test Procedure
When test procedures for refrigerators and refrigerator-freezers
under 10 CFR Part 430 were first developed, simple mechanical defrost
timers were the norm. Today, GE's new line of refrigerators and
refrigerator-freezers contains sensors that detect ambient temperature
and humidity, and interact with controls that vary the effective
wattage of anti-sweat heaters to evaporate excess moisture. In sum, GE
proposes to ``run the energy-consumption test with the anti-sweat
heater switch in the `off' position and then, because the test chamber
is not humidity-controlled, to add to that result the kilowatt hours
per day derived by calculating the energy used when the anti-sweat
heater is in the `on' position.'' (GE Petition, page 4.) According to
GE, the objective of the approach is to simulate the average energy
used by the adaptive anti-sweat heaters as activated in typical
consumer households across the United States. (Id.)
To determine the conditions in a typical consumer household, DOE
understands that GE compiled historical data for the monthly average
outdoor temperature and humidity for the top 50 metropolitan areas of
the U.S. over approximately the last 30 years. Then, GE used the
average exterior monthly temperature and humidity values to determine
in-home conditions. In addition, GE includes in the test procedure a
``system-loss factor'' to calculate system losses attributed to
operating anti-sweat heaters, controls, and related components.
IV. Summary and Request for Comments
Today's notice announces GE's Petition to waive certain parts of
the test procedures for its new line of refrigerators and refrigerator-
freezers with variable anti-sweat heater controls and adaptive heaters.
DOE is publishing the Petition under the provisions of 10 CFR
430.27(b)(1)(iv). DOE has deleted information that it considers to be
confidential. The Petition includes an alternate test procedure and
calculation methodology to determine the energy consumption of GE's new
refrigerators and refrigerator-freezers with adaptive anti-sweat
heaters. DOE is interested in receiving comments from interested
parties on all aspects of the Petition and, in particular, the proposed
alternate test procedure and calculation methodology. Any person
submitting written comments to DOE must also send a copy of such
comments to GE. See 10 CFR 430.27(b)(1)(iv).
Issued in Washington, DC, on April 9, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
U.S. Department of Energy Petition for Waiver; Non-Confidential Version
[Case No. RF-007]
Submitted by:
Earl F. Jones, Senior Counsel, GE Consumer & Industrial, Appliance
Park 2-225, Louisville, KY 40225, earl.f.jones@ge.com, 502-452-3164
(voice), 502-452-0395 (fax).
Introduction
GE Consumer & Industrial, an operating division of General
Electric Co. (``GE''), is a leading manufacturer and marketer of
household appliances, including, as relevant to this proceeding,
refrigerators, files this Petition for Waiver (``Petition''). GE
requests that the 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 and allow GE to test its refrigerator-
freezer pursuant to the modified procedure submitted herewith. This
request is filed pursuant to 10 CFR 430.27.
Background
GE is designing a new refrigerator. A total investment of $XXXX
is being made for research, development, facility upgrade,
acquisition of tooling and equipment and product testing.
Significant effort will be required before the new product can be
sold.
In order to be assured that it is correctly calculating the
energy consumption of the product, that the product meets the
minimum energy requirements for its product class and is properly
labeled, GE seeks the Department's expeditious concurrence to its
proposed amendment to the refrigerator test procedure.
Even a casual review of the refrigerator energy-consumption test
procedure \12\ reveals that this 1970's-era regulation has been
overtaken by advances in technology, especially the increased use of
electronic controls. In developing its new refrigerator, GE could
have disregarded the test procedure's gaps, which could have
resulted in a better energy test result. GE decided, however, to
strive to attain the regulations' intent to obtain test results that
more closely reflect the energy that would be consumed by the new
model when used by consumers. Accordingly, GE has filed this
Petition for Waiver to eliminate or modify the portions of the
regulations that are inappropriate or irrelevant.
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\12\ 10 CFR Part 430, Subpart B, App. A1.
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The Department's regulations provide that the Assistant
Secretary will grant a Petition upon: ``determin[ation] that the
basic model for which the waiver was requested contains a design
characteristic which either prevents testing of the basic model
according to the prescribed test procedures, or the 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.\13\''
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\13\ 10 CFR Part 430.27(l).
GE requests that the Assistant Secretary grant this Petition on both
grounds. First, because the refrigerator energy test procedure does
not allow the energy used by GE's new refrigerator to be accurately
calculated. The new refrigerator contains adaptive anti-sweat
heaters, i.e., anti-sweat heaters that respond to humidity
conditions found in consumers' homes. Since the test conditions
specified by the 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.
Second, if GE were to test its new smart-technology refrigerator
per the test procedure, i.e., as if it contained old-technology
``dumb'' anti-sweat heaters, the results of the energy test so
conducted would not accurately measure the energy used by the new
models.
The Refrigerator Energy Test Procedure
The test procedure for calculating energy consumption \14\
specifies that the test chamber be maintained at 90[deg]F. While
clearly not typical of conditions in the typical consumer household,
these conditions are intended to simulate the energy used by a
refrigerator in a typical 72 [deg]F household where the refrigerator
door is opened several times a day.
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\14\ 10 CFR Part 430, Subpart B, App. A1.
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But the test procedure does not specify test chamber humidity
conditions. Humidity causes refrigerators to sweat. Manufacturers
combat this excess moisture by installing anti-sweat heaters on
mullions and other locations where sweat accumulates. Old-style
``dumb'' technology anti-sweat heaters
[[Page 19191]]
achieve and are tested at a pre-set level, i.e., number of watts,
and turned on or off regardless of the humidity or amount of excess
moisture on the unit.
GE's Proposed Modifications
In developing the approach proposed in this Petition, GE
reviewed the Department's earlier decisions on waiver petitions,
including the waiver granted In the Matter of Electrolux Home
Appliances.\15\ When the test procedure was originally developed,
simple mechanical defrost timers were the norm. The Electrolux
petition sought a test procedure waiver to accommodate its advanced
defrost timer. The Assistant Secretary, in granting the waiver,
acknowledged the role of technology advances in evaluating the need
for test procedure waivers.
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\15\ FR Vol. 66 40689 et. seq. (Aug. 3, 2001).
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GE now seeks to change how it tests its new models \16\ to take
into account advances in sensing technology, i.e., sensors that
detect temperature and humidity conditions and interact with
controls to vary the effective wattage of anti-sweat heaters to
evaporate excess moisture.\17\
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\16\ The GE models subject to this Petition are PGCS1NJW,
PGCS1NFW, PGSS5NJW, PGSS5NFW, PGCF1NJW, PGCF1NFW, PGSF5NJW,
PGSF5NFW, PFIC1NFW, PFIC1NFX. These models have GE's new
temperature-humidity sensor.
\17\ GE could have devised a control that did not energize the
anti-sweat heaters when on test, thereby not counting energy used by
these features even though it is foreseeable that they would be
energized when used by most consumers. We have chosen instead to
file this Petition.
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GE proposes to run the energy-consumption test with the anti-
sweat heater switch in the ``off'' position and then, because the
test chamber is not humidity-controlled, to add to that result the
kilowatt hours per day derived by calculating the energy used when
the anti-sweat heater is in the ``on'' position. GE's proposed
modification is further described on page 7. The objective of the
proposed approach is to simulate the average energy used by the
adaptive anti-sweat heaters as activated in typical consumer
households across the United States.\18\
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\18\ The Association of Home Appliance Manufacturers, the
appliance industry's trade association, has forwarded to the
Department its recently agreed-to state of principles that should
govern any revision of the refrigerator test procedure. Crafted in
response to the DOE's concerns about energy test practices that may
circumvent the regulatory purpose that energy tests yield results
that correlate to typical consumer energy use, AHAM members endorsed
the use of calculation in appropriate circumstances. See Exhibit A.
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Extensive research went into determining what the average energy
use of the adaptive feature would be. The top 50 metropolitan areas
of the U.S., which represent 56% of the total U.S. population
according to the 2000 Census \19\, were selected. The monthly
average exterior temperature and humidity for these cities over
approximately the last 30 years was determined.\20\
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\19\ http://www.census.gov/population/www/cen2000/phc-t3.html.
\20\ DEPT. OF METEOROLOGY AT THE UNIVERSITY OF UTAH Web site,
http://www.met.utah.edu/jhorel/html/wx/climo.html, http://www.met.utah.edu/jhorel/html/wx/climate/normtemp.html, and http://
limate/normtemp.html, and http://www.met.utah.edu/jhorel/html/wx/climate/rh.html
.
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GE used the average external monthly temperature and humidity
values to determine in-home conditions.\21\ And, in an effort to
establish a national average of energy used by a variably controlled
anti-sweat heater, the population-weighted humidity values were
grouped into 10 bands, each with a range of 10% relative humidity.
The table below sets out the percent probability that any U.S.
household will experience the listed average humidity conditions
during any month of the year.\22\
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\21\ The outside temperature and humidity were converted to
internal household conditions with the assumption that (1) The
absolute humidity remained constant. and (2) average monthly ambient
outdoor temperatures below 71 degrees were increased to 71 and
average ambient outdoor temperatures above 75 degrees were cooled to
75. The energy-saving benefits of dehumidification due to air
conditioning have not been taken into account. This resulted in an
over-estimation of the energy used by the refrigerator.
\22\ See discussion at p. 6, infra, for validity of using 10
bands to calculate national average anti-sweat heater wattage.
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Ten population-weighted bands of ranges of relative humidity
were created:
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Probability Constant
% RH (percent) designation
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1. 0-10....................................... 3.4 A1
2. 10-20...................................... 21.1 A2
3. 20-30...................................... 20.4 A3
4. 30-40...................................... 16.6 A4
5. 40-50...................................... 12.6 A5
6. 50-60...................................... 11.9 A6
7. 60-70...................................... 6.9 A7
8. 70-80...................................... 4.7 A8
9. 80-90...................................... 0.8 A9
10. 90-100.................................... 1.5 A10
------------------------------------------------------------------------
In recognition of the fact that there are system losses involved
with operating anti-sweat heaters, GE proposes to include in the
calculation a factor to account for such energy. This additional
energy includes the electrical energy required to operate the anti-
sweat heater control and related components, and the additional
energy required to increase compressor run time to remove heat
introduced into the refrigerator compartments by the anti-sweat
heater, and is accounted for by the ``System-loss Factor,'' which,
based on GE's historical experience, is 1.3.\23\
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\23\ GE's experience with previous anti-sweat heater
applications shows that system losses associated with such features
can cause an increase in energy use, e.g., by harnesses, boards,
additional compressor run-time, etc., than added by the operation of
the heater alone. To account for these ``systems losses'' GE has
used a multiplier of 1.3 in calculating the Correction Factor.
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Simply stated, the Correction Factor that GE proposes to add to
the energy-consumption test results obtained with the anti-sweat
heater switch in the ``off'' position, is calculated as follows:
Correction Factor = (Anti-sweat Heater Power x System-loss
Factor) x (24 hours/1 day) x (1 kW/1000 W)
In further explanation of this calculation, begin by calculating
the national average power in watts used by the anti-sweat heaters.
This is done by totaling the product of constants A1-A10 multiplied
by the respective heater watts used by a refrigerator operating in
the median percent relative humidity for that band and standard
refrigerator conditions: ambient temperature of 72 [deg]F, fresh
food (FF) average temperature of 45 [deg]F and freezer (FZ) average
temperature of 5 [deg]F.
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)
As explained above, bands A1-A10 were selected as representative
of humidity conditions of all U.S. households. Therefore, in
developing its design for optimum anti-sweat heater performance, GE
and manufacturers using adaptive anti-sweat heaters must submit, as
part of their data submission under section 430.62(a)(4)(xii), the
watts used at the relative humidity specified in each band. By
reviewing this information, the Department, competitors and other
stakeholders can be assured that the calculated energy attributed to
this adaptive feature is accurate.
Based on the above, GE proposes to test its new models as if the
test procedure were modified to calculate the energy of the unit
with the anti-sweat heaters in the on position as equal to the
energy of the unit tested with the anti-sweat heaters in the off
position plus the Anti-Sweat Heater Power times the System Loss
Factor (expressed in KWH/YR).
Conclusion
GE urges the Assistant Secretary to grant this Petition and
allow GE to test its new refrigerator models (PGCS1NJW, PGCS1NFW,
PGSS5NJW, PGSS5NFW, PGCF1NJW, PGCF1NFW, PGSF5NJW, PGSF5NFW, PFIC1NFW
and PFIC1NFX) as described above. We believe that granting our
request will encourage the introduction of advanced technologies
that neither penalize innovation by over-calculating energy used by
the new feature nor encourage the creation of special energy-test
modes that avoid accounting for that energy.
Approving this Petition will also help ensure that consumers can
continue to rely on the Department's test procedures--and the level
playing field that they help create--to evaluate energy use among
competing products. A favorable ruling on this Petition is necessary
for GE to avoid the hardship that otherwise would be imposed if its
production design and development plan is delayed and commitments to
suppliers cannot be assured.
Finally, granting the Petition will send a clear message to
manufacturers that the Department's waiver process should be used to
ensure that energy-using features are properly measured.
Respectfully submitted,
Earl F. Jones, Senior Counsel, GE Consumer & Industrial, Appliance
Park 2-225,
[[Page 19192]]
Louisville, KY 40225, earl.f.jones@ge.com, 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, 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.
Exhibit A--AHAM Statement on Interpretation of HRF-1 and DOE
Refrigerator-Freezer Test Procedure
(As revised during 9/15/06 conference call of AHAM's DOE Test
Procedures Task Force)
AHAM's position is that the following principles of
interpretation should be applied to the existing refrigerator-
freezer test procedure, and should apply to and guide any revisions
to the test procedure. The intent of the energy test procedure is to
simulate typical room conditions (approximately 70 [deg]F) with door
openings, by testing at 90 [deg]F without door openings.
Except for operating characteristics that are affected by
ambient temperature (for example, compressor percent run time), the
unit, when tested under this standard, shall operate equivalent to
the unit in typical room conditions. The energy used by the unit
shall be calculated when a calculation is provided by the standard.
Energy-consuming components that operate in typical room
conditions (including as a result of door openings, or a function of
humidity), and that are not exempted by this standard, shall operate
in an equivalent manner during energy testing under this standard,
or be accounted for by all calculations as provided for in the
standard.
Examples:
1. Energy saving features that are designed to operate when
there are no door openings for long periods of time shall not be
functional during the energy test.
2. The defrost heater should not either function or turn off
differently during the energy test than it would when in typical
room conditions.
3. Electric heaters that would normally operate at typical room
conditions with door openings should also operate during the energy
test.
4. Energy used during adaptive defrost shall continue to be
tested and adjusted per the calculation provided for in this
standard.
[FR Doc. E7-7232 Filed 4-16-07; 8:45 am]
BILLING CODE 6450-01-P