[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Notices]
[Pages 11522-11526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5226]
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DEPARTMENT OF ENERGY
[Case No. RF-013]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Notice of Granting the Application for
Interim Waiver of Haier From the Department of Energy Residential
Refrigerator and Refrigerator-Freezer Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, Notice of Granting Application
for Interim Waiver, and request for public comments.
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SUMMARY: This notice announces receipt of and publishes the Haier Group
and Haier America Trading, L.L.C. (Haier) petition for waiver
(hereafter, ``Petition'') from specified portions of the U.S.
Department of Energy (DOE) test procedure for determining the energy
consumption of electric refrigerators and refrigerator-freezers. The
waiver request pertains to Haier's product lines that utilize a control
logic that changes the wattage of the anti-sweat heaters based upon the
ambient relative humidity conditions to prevent condensation. The
existing test procedure does not take humidity or adaptive control
technology into account. Therefore, Haier has suggested an alternate
test procedure that considers adaptive control technology when
measuring energy consumption. DOE solicits comments, data, and
information concerning Haier's Petition and the suggested alternate
test procedure. DOE also publishes notice of the grant of an interim
waiver to Haier.
DATES: DOE will accept comments, data, and information with respect to
the Haier Petition until, but no later than, April 12, 2010.
ADDRESSES: You may submit comments, identified by case number ``RF-
013,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include either
the case number [Case No. RF-013], and/or ``Haier Petition'' in the
subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, 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, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Please submit one signed original
paper copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the petition for waiver and application for
interim waiver; and (4) prior DOE rulemakings regarding similar
refrigerators and refrigerator-freezers. Please call Ms. Brenda Edwards
at the above telephone number for additional information regarding
visiting the Resource Room.
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. Telephone:
(202) 586-9611. E-mail: [email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel,
[[Page 11523]]
Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue, SW.,
Washington, DC 20585-0103. Telephone: (202) 586-7796. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and Conservation Act 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 includes
definitions, test procedures, labeling provisions, energy conservation
standards, and the authority to require information and reports from
manufacturers. Further, Part A 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)). 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 covered consumer products. A waiver will be granted by the
Assistant Secretary for Energy Efficiency and Renewable Energy (the
Assistant Secretary) if it is determined that the basic model for which
the petition for waiver was submitted contains one or more design
characteristics that prevents testing of the basic model according to
the prescribed test procedures, or if 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 part 430.27(l)). 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. (10 CFR 430.27(b)(1)(iii)). The Assistant
Secretary may grant the 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 the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures.
(10 CFR 430.27(a)(2); 430.27(g)). An interim waiver remains in effect
for a period of 180 days or until DOE issues its determination on the
petition for waiver, whichever is sooner, and may be extended for an
additional 180 days, if necessary. (10 CFR 430.27(h)).
II. Petition for Waiver of Test Procedure
On January 11, 2010, Haier 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. Haier is designing new refrigerators and refrigerator-freezers that
contain variable anti-sweat heater controls that detect a broad range
of temperature and humidity conditions, and respond by activating
adaptive heaters, as needed, to evaporate excess moisture. According to
the petitioner, Haier's technology is similar to that used by General
Electric Company (GE), Whirlpool Corporation (Whirlpool), and
Electrolux for refrigerator-freezers which were the subject of
petitions for waiver published April 17, 2007 (72 FR 19189), July 10,
2008 (73 FR 39684), and June 4, 2009 (74 FR 26853), respectively. GE's
waiver was granted on February 27, 2008 (73 FR 10425). Whirlpool's
waiver was granted on May 5, 2009 (74 FR 20695). Electrolux' waiver was
granted on December 15, 2009. (74 FR 66338). DOE also granted Samsung
Electronics America, Inc. (Samsung) an interim waiver for similar
products on December 15, 2009 (74 FR 66340).
In its petition, Haier seeks a waiver from the existing DOE test
procedure applicable to refrigerators and refrigerator-freezers under
10 CFR part 430 because the existing test procedure takes neither
ambient humidity nor adaptive technology into account. Therefore, Haier
states that the test procedure does not accurately measure the energy
consumption of Haier's new refrigerators and refrigerator-freezers that
feature variable anti-sweat heater controls and adaptive heaters.
Consequently, Haier has submitted to DOE for approval an alternate test
procedure that would allow it to correctly calculate the energy
consumption of this new product line. Haier's alternate test procedure
is the same in all relevant particulars as that prescribed for other
manufacturers for refrigerators and refrigerator-freezers that are
equipped with the same type of technology. The alternate test procedure
applicable to these products simulates the energy used by the adaptive
heaters in a typical consumer household, as explained in the decision
and order that DOE published in the Federal Register on February 27,
2008. (73 FR 10425). DOE believes that it is in the public interest to
have similar products tested and rated for energy consumption on a
comparable basis.
III. Application for Interim Waiver
Haier also requests an interim waiver from the existing DOE test
procedure. Under 10 CFR 430.27(b)(2), each application for interim
waiver ``shall demonstrate likely success of the petition for waiver
and shall address what economic hardship and/or competitive
disadvantage is likely to result absent a favorable determination on
the application for interim waiver.'' An interim waiver may be granted
if it is determined that the applicant will experience economic
hardship if the application for 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 of the
petition for waiver. (10 CFR 430.27(g)).
DOE determined that Haier's application for interim waiver does not
provide sufficient market, equipment price, shipments, and other
manufacturer impact information to permit DOE to evaluate the economic
hardship Haier might experience absent a favorable determination on its
application for interim waiver. However, DOE understands that absent an
interim waiver, Haier's products would not otherwise be tested and
rated for energy consumption on a comparable basis with equivalent
products for which DOE previously granted waivers, and would be
required to represent a higher energy consumption for essentially the
same product. Furthermore, it appears likely that Haier's Petition for
Waiver will be granted, and it is desirable for public policy reasons
to grant Haier immediate relief pending a determination on the petition
for waiver. As stated above, DOE has already granted similar waivers to
GE, Whirlpool, and Electrolux, as well as an interim waiver to Samsung,
because the test procedure does not accurately represent the energy
consumption of refrigerator-freezers containing relative humidity
sensors and adaptive control anti-sweat heaters. The rationale for
granting these waivers is equally applicable to Haier, which has
products containing similar relative humidity sensors and anti-sweat
heaters. DOE has also concluded that it is in the public interest to
have similar products tested and rated for energy consumption on a
comparable basis.
[[Page 11524]]
For the reasons stated above, DOE grants Haier's application for
interim waiver from testing of its refrigerator-freezer product line
containing relative humidity sensors and adaptive control anti-sweat
heaters. Therefore, it is ordered that:
The application for interim waiver filed by Haier is hereby granted
for Haier's refrigerator-freezer product line containing relative
humidity sensors and adaptive control anti-sweat heaters, subject to
the specifications and conditions below.
1. Haier shall not be required to test or rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive
control anti-sweat heaters based on the test procedure under 10 CFR
part 430 subpart B, appendix A1.
2. Haier shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive
control anti-sweat heaters according to the alternate test procedure as
set forth in section IV, ``Alternate Test Procedure.''
The interim waiver applies to the following basic model groups:
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
This interim waiver is conditioned upon the presumed validity of
statements, representations, and documents provided by the petitioner.
DOE may revoke or modify this interim waiver at any time upon a
determination that the factual basis underlying the petition for waiver
is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Alternate Test Procedure
Haier's new line of refrigerators and refrigerator-freezers
contains sensors that detect ambient humidity and interact with
controls that vary the effective wattage of anti-sweat heaters to
evaporate excess moisture. The existing DOE test procedure cannot be
used to calculate the energy consumption of these features. The
variable anti-sweat heater contribution to the refrigerator's energy
consumption is entirely dependent on the ambient humidity of the test
chamber, which the DOE test procedure does not specify. The energy
consumption of the anti-sweat heaters will be modeled and added to the
energy consumption measured with the anti-sweat heaters disabled. The
anti-sweat contribution to the product's total energy consumption will
be calculated by the same methodology that was set forth in the GE
Petition, as described below. The objective of this approach is to
simulate the average energy used by the adaptive anti-sweat heaters as
activated in refrigerators and refrigerator-freezers of typical
consumer households across the United States.
To determine the conditions in a typical consumer household, GE
compiled historical data on the monthly average outdoor temperature and
humidity for the top 50 metropolitan areas of the U.S. over
approximately the last 30 years. In light of the similarity of
technologies at issue, Haier is using the same data compiled by GE for
its determination of the anti-sweat heater energy use. Like GE,
Whirlpool, and Electrolux, Haier includes in its test procedure a
``system-loss factor'' to calculate system losses attributed to
operating anti-sweat heaters, controls, and related components.
For the duration of the interim waiver, Haier shall be required to
test the products listed 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 above 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 one 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 ``on''
test will be the result of 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 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 derive from 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
[[Page 11525]]
V. Summary and Request for Comments
Through today's notice, DOE grants Haier an interim waiver from the
specified portions of the test procedure applicable to Haier's new line
of refrigerators and refrigerator-freezers with variable anti-sweat
heater controls and adaptive heaters, and announces receipt of Haier's
petition for waiver from those same portions of the test procedure. DOE
publishes Haier's petition for waiver in its entirety pursuant to 10
CFR 430.27(b)(1)(iv). The petition contains no confidential
information. The petition includes a suggested alternate test procedure
and calculation methodology to determine the energy consumption of
Haier's specified refrigerators and refrigerator-freezers with adaptive
anti-sweat heaters. Haier is required to follow this alternate
procedure as a condition of its interim waiver, and DOE is considering
including this alternate procedure in its subsequent decision and
order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), any
person submitting written comments to DOE must also send a copy of such
comments to the petitioner. The contact information for the petitioner
is: Robert Cunningham, Senior Vice President of Product Innovation and
Engineering, Major Appliances, Haier America Trading, L.L.C., 1356
Broadway, New York, New York 10018; Telephone: (212) 594-3330. 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 (American Standard Code
for Information Interchange (ASCII)) file format and avoid the use of
special characters or any form of encryption. Wherever possible,
include the electronic signature of the author. DOE does not accept
telefacsimiles (faxes).
According to 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 to DOE: 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 its determination.
Issued in Washington, DC, on March 4, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
January 11, 2010.
The Honorable Cathy Zoi, Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of Energy, Mail Station EE-10,
1000 Independence Avenue, SW, Washington, DC 20585.
Re: Petition for Waiver and Application for Interim Waiver for
Refrigerator-Freezers with Adaptive Anti-Sweat Heater Technology
Dear Assistant Secretary Zoi: Pursuant to 10 CFR 430.27, Haier
Group and Haier America Trading, L.L.C.\1\ respectfully submit this
Petition for Waiver and Application for Interim Waiver for
refrigerator-freezer models that incorporate adaptive anti-sweat
heater technology. The Department of Energy (DOE) has already
granted waiver relief to General Electric, Whirlpool, Electrolux,
and Samsung for products with such technology. Without waiver
relief, Haier will be placed at a severe competitive disadvantage.
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\1\ For convenience, we sometimes refer generally herein to
``Haier.''
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I. Identification of Petitioner/Applicant
Haier is a manufacturer and marketer of major appliances and
electronics, including, but not limited to, refrigerators, freezers,
air conditioners, dishwashers, microwaves, laundry products, small
appliances, electronics, vacuums, wine cellars and televisions.
The parent entity is Haier Group, whose corporate headquarters
are located at 1 Haier Road, High-Tech Zone, Qingdao 266101, China.
Haier America Trading, L.L.C., a New York limited liability company,
is the sales and marketing entity for Haier in the United States and
elsewhere in the Western Hemisphere. Its headquarters are located at
The Haier Building, 1356 Broadway, New York, New York 10018.
II. A Waiver Should Be Granted
Haier is developing, and intends shortly to introduce into the
marketplace, refrigerator-freezers with anti-sweat heater technology
that reacts according to different ambient conditions such as
humidity and temperature. As with General Electric, Whirlpool,
Electrolux, and Samsung, a waiver and interim waiver for Haier
refrigerator-freezers with adaptive anti-sweat heater technology are
warranted because DOE's current test procedure under the Energy
Policy and Conservation Act (EPCA), 42 U.S.C. 6291 et seq.,
evaluates them in a manner so unrepresentative of their true energy
consumption characteristics as to provide materially inaccurate
comparative data, and/or the basic models contain one or more design
characteristics that prevent testing of the basic model according to
the prescribed test procedures. DOE's rules provide that a waiver
``will be granted'' in such situations. 10 CFR 430.27(l).
The current DOE test procedure, id. Part 430, Subpart B,
Appendix A1, prevents Haier from accurately evaluating its
refrigerator-freezers that have this adaptive anti-sweat heater
technology. The DOE test procedure as applied to these products will
yield different test results depending on the relative ambient
relative humidity in the test chamber. The test procedure does not
specify a value for the relative ambient humidity in the test
chamber.
Haier's adaptive anti-sweat heater technology is similar to that
used by General Electric, Whirlpool, Electrolux, and Samsung for
refrigerator-freezers that were the subject of waiver relief. See,
74 FR 66338 (Dec. 15, 2009) (Electrolux; grant of waiver); id. 66340
(Dec. 15, 2009) (Samsung; grant of interim waiver); id. 26853 (June
4, 2009) (Electrolux; grant of interim waiver); id. 20695 (May 5,
2009) (Whirlpool; grant of waiver); 73 FR 10425 (Feb. 27, 2008)
(General Electric; grant of waiver).
Therefore, Haier should not be required to test or rate its
refrigerator-freezer product lines containing adaptive anti-sweat
heaters technology on the basis of the test procedure under 10 CFR
Part 430, Subpart B, Appendix A1. Instead, as with the other
companies for which waiver relief has been granted, Haier should be
required to test and rate these products line according to an
alternative test procedure. The alternative test procedure would
provide for the test to be run with the anti-sweat heater switch in
the ``off'' position and then, because the test chamber is not
humidity-controlled, there would be added to that result the
kilowatt hours per day derived by calculating the energy used when
the anti-sweat heater is in the ``on'' position.
Specifically, Haier should be required to test the products for
which a waiver is granted 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:
(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 one 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 ``on''
test will be the result of 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.
[[Page 11526]]
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 (E[on]), expressed
in kilowatt-hours per day, shall be calculated equivalent to:
E[ON] = E + (Heater Contribution) [note: called ``correction
factor'' by General Electric]
where E is determined by 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.
Heater Contribution n1 = (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)
v+ A10 * (Heater Watts at 95%RH)
where A1-A10 are from 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 [degrees]
F ambient, and DOE reference temperatures of fresh food average
temperature of 45 [degrees] F and freezer average temperature of 5
[degrees] F.
System-loss Factor = 1.3
* * * * *
The waiver should apply to the following model series. The
actual model numbers will vary to account for year of manufacture,
product color, or other features, but will always include anti-sweat
technology whose energy impact is calculated in accordance with this
petition.
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
The waiver should continue until a test procedure can be
developed and adopted that will provide the U.S. market with a fair
and accurate assessment of the Haier products.
III. An Interim Waiver Should Be Granted
Haier also requests immediate relief by grant of an Interim
Waiver. Haier would be placed at a competitive disadvantage if an
Interim Waiver is not granted to it, as the energy consumption data
will not be comparable to that of other manufacturers that were
granted waiver relief.
Furthermore, it is likely that Haier's Petition for Waiver will
be granted, and it is desirable for public policy reasons to grant
Haier immediate relief pending a determination on the Petition for
Waiver. As stated above, DOE has already granted waiver relief to
General Electric, Whirlpool, Electrolux, and Samsung because the DOE
test procedure does not accurately represent the energy consumption
of refrigerator-freezers containing this technology. The rationale
for granting these waivers is equally applicable to Haier. DOE has
also concluded that it is in the public interest to have similar
products tested and rated for energy consumption on a comparable
basis. See, e.g., 74 FR 66338, 66339 (Dec. 15, 2009); id. 66340,
66341 (Dec. 15, 2009).
IV. Persons To Be Notified
Manufacturers of all other basic models marketed in the United
States and known to Haier to incorporate similar design
characteristics as found in the Haier refrigerator-freezers include
BSH Home Appliances Corp. (Bosch-Siemens Hausgerate GmbH),
Electrolux Home Products, Equator, Fisher & Paykel Appliances Inc.,
GE Appliances, Gorenje USA, Heartland Appliances, Inc., Kelon
Electrical Holdings Co., Ltd., Liebherr Hausgerate, LG Electronics
Inc., Miele, Inc., Northland Corporation, Samsung Electronics
America, Inc., Sanyo Fisher Company, Sub-Zero Freezer Company,
ULine, Viking Range, and Whirlpool Corporation. The Association of
Home Appliance Manufacturers is also generally interested in energy
efficiency requirements for appliances, including refrigerator-
freezers. Haier will notify all these entities as set forth in the
Department's rules and provide them with a version of this Petition
and Application.
V. Conclusion
DOE should grant a waiver and interim waiver for Haier
refrigerator-freezers with adaptive anti-sweat heater technology.
The waiver should continue until a test procedure can be developed
and adopted that will provide the U.S. market with a fair and
accurate assessment of the Haier products.
Haier certifies that all manufacturers of domestically marketed
units of the same product type have been notified by letter of this
petition and application. Copies of such letter and related
certification are attached hereto.
Sincerely,
Robert Cunningham,
Senior Vice President of Product Innovation and Engineering, Major
Appliances, Haier America Trading, L.L.C.
[FR Doc. 2010-5226 Filed 3-10-10; 8:45 am]
BILLING CODE 6450-01-P