[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Notices]
[Pages 51262-51264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20575]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-015]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to GE 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-015) that grants to the General
Electric Company (GE) 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, GE 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]. 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 GE 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 GE tests and rates such products using the alternate test
procedure described in this notice. Today's decision prohibits GE 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: The General Electric Company (Case No. RF-015).
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 December 19, 2006, GE 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
[[Page 51263]]
anti-sweat heaters, which detect and respond to temperature and
humidity conditions, and then activate adaptive heaters as needed to
evaporate excess moisture. GE's petition was published in the Federal
Register on April 17, 2007. 72 FR 19189. DOE granted the GE petition in
a decision & order published on February 27, 2008. 73 FR 10425.
On February 16, 2010, GE informed DOE that it has developed
additional basic models with adaptive anti-sweat heater technology. GE
asserted that these new products function and operate the same way as
the basic models listed in GE's December 2006 petition for waiver with
respect to the properties that made those products eligible for a
waiver. GE requested that DOE grant a new waiver for these additional
basic models. GE's petition was published in the Federal Register on
April 29, 2010. 75 FR 22586.
Assertions and Determinations
GE's Petition for Waiver:
In its December 2006 petition, which DOE granted in February 2008,
GE 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 control anti-sweat
heater technology into account. GE seeks a similar waiver in its
February 2010 petition. As stated above, GE asserts these new products
are identical in function and operation to the basic models listed in
GE's 2006 petition with respect to the properties that made those
products eligible for a waiver. DOE did not receive any comments on the
GE petition.
GE requested it be permitted to use the same alternate test
procedure DOE prescribed earlier for GE, and which has since been
prescribed for Whirlpool, Electrolux, Samsung and Haier refrigerators
and refrigerator-freezers equipped with a similar technology. The
alternate test procedure 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.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the GE petition for waiver. The FTC staff did not have any
objections to granting a waiver to GE.
Conclusion
After careful consideration of all the material that was submitted
by GE and consultation with the FTC staff, it is ordered that:
(1) The petition for waiver submitted by the General Electric
Company (Case No. RF-015) is hereby granted as set forth in the
paragraphs below.
(2) GE shall not be required to test or rate the following GE
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:
All models with the letters CFCP1NIY****, CFCP1NIZ****,
CFCP1ZIY****, PFCF1NFY****, PFCF1NFZ****, PFCF1PJY****, PFCF1PJZ****,
PFCS1NFY****, PFCS1NFZ****, PFCS1PJY****, PFCS1PJZ****, PFQS5PJY****,
PFSF5NFY****, PFSF5NFZ****, PFSF5PJY****, PFSF5PJZ****, PFSS5NFY****,
PFSS5NFZ****, PFSS5PJY****, PFSS5PJZ****, PGCS1NFY****, PGCS1NFZ****,
PGCS1PJY****, PGCS1PJZ****, PGSS5NFY****, PGSS5NFZ****, PGSS5PJY****,
PGSS5PJZ****, ZFGB21HY****, ZFGB21HZ****, ZFGP21HY****, ZFGP21HZ****.
(The asterisks, or wild cards, denote color or other features that do
not affect energy performance.)
(3) GE 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 GE 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:
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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 = 0.015
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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. GE 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.
[[Page 51264]]
(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. 2010-20575 Filed 8-18-10; 8:45 am]
BILLING CODE 6450-01-P