[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Notices]
[Pages 22586-22588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9969]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-015]
Energy Conservation Program for Consumer Products: Notice of
Petition for Waiver of General Electric Company (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: Notice of petition for waiver and request for comments.
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SUMMARY: This notice announces receipt of and publishes the GE petition
for waiver (hereafter, ``petition'') from parts of the U.S. Department
of Energy (DOE) test procedure for determining the energy consumption
of electric refrigerators and refrigerator-freezers. Through this
document, DOE is
[[Page 22587]]
soliciting comments with respect to the GE petition.
DATES: DOE will accept comments, data, and information with respect to
the GE petition until, but no later than June 1, 2010.
ADDRESSES: You may submit comments, identified by case number RF-015,
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-015], and/or ``GE 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.
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
(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).
Any person submitting written comments must also send a copy of
such comments to the petitioner, pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) 430.27(d). The contact information for the
petitioner is: Earl F. Jones, Senior Counsel, GE Consumer & Industrial,
Appliance Park 2-225, Louisville, KY 40225. E-mail:
[email protected].
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.
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 (4) prior DOE
rulemakings regarding similar central air conditioning and heat pump
equipment. 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,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
[email protected].
Ms. Betsy Kohl, U.S. Department of Energy, Office of the General
Counsel, 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
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 Title 10 of the Code of Federal
Regulations (10 CFR) part 430, subpart B, appendix A1. The products
covered by the petition employ adaptive 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.
II. Petition for Waiver of Test Procedure
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. The following additional products are covered by the
February 2010 waiver request:
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.)
DOE notes that GE's February 2010 petition for waiver also includes
an alternate test procedure for testing products equipped with adaptive
anti-sweat heaters. The alternate test procedure submitted in the
February 2010 petition is identical to the one contained in GE's
December 2006 petition.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of GE's petition for
waiver from certain parts of the test procedure that apply to basic
models of refrigerators and refrigerator-freezers with variable anti-
sweat heater controls and adaptive heaters manufactured by GE. DOE is
publishing GE'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 GE's
specified refrigerators and refrigerator-freezers with adaptive anti-
sweat heaters. DOE is interested in receiving 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, whose contact
information is included in the ADDRESSES section above.
Issued in Washington, DC, on April 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[[Page 22588]]
February 16, 2010
Catherine R. Zoi, Assistant Secretary, Energy Efficiency & Renewable
Energy, Department of Energy, 1000 Independence Ave., SW., Route
Symbol: EE-1, Wash. DC 20585
Re: Case No. RF-007
Dear Ms. Assistant Secretary:
GE Consumer & Industrial, is an operating division of General
Electric Co., (``GE'') is a leading manufacturer and marketer of
household appliances, including, as relevant to this proceeding,
refrigerators. In December 2006, GE filed a Petition for Waiver
(``Petition''), which requested the then-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 for its new models of
refrigerator-freezers. These innovative models were designed with
adaptive anti-sweat heaters, i.e., anti-sweat heaters that respond to
humidity conditions found in consumers' homes. Depending on ambient
humidity conditions, the anti-sweat heaters would be turned on or off
to prevent the accumulation of moisture inside the unit and on the
outside of the case. And, because of their ability to sense humidity
conditions, energy used to turn the anti-sweat heaters on can be better
controlled.
As pointed out in GE's petition, the test conditions specified by
DOE's 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.
The Petition also pointed out that, if GE had tested its new smart-
technology refrigerator per the test procedure the results would not
have accurately measured the energy used by the new models.
The Assistant Secretary granted GE's waiver petition on February
27, 2008.\1\ Thereafter, Whirlpool Corp. filed and was granted its
waiver petition, \2\ as was Electrolux \3\ and Samsung.\4\
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\1\ FR Vol. 73 10425 et seq.
\2\ FR Vol. 73 39684 et seq. (July 10, 2008).
\3\ FR Vol. 74 66344 et seq. (December 15, 2009).
\4\ FR Vol. 74 66340 et seq. (December 15, 2009).
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GE files this request for the sole purpose of asking that the
relief granted in 2008 be extended to GE's new models of refrigerator-
freezers.\5\ If this request must be treated as a new waiver petition
pursuant to 10 C.F.R. Sec. 430.27, then please accept it as such. If,
however, this request can be treated as a request to amend the 2008
decision to cover the new models, then please accept it as such.
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\5\ The new models are 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.
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GE incorporates herein the original humidity sensor waiver petition
and has attached the petition hereto as Exhibit 1. Attached as Exhibit
2 is the Department's decision granting that petition.
We believe that granting our request will be another step in the
Department's support of advanced technologies, technologies that
promote innovation and strengthen consumer confidence in the
reliability of the Department's test procedures
A favorable and speedy ruling on this matter is necessary as the
new models are in development and scheduled for sale in the second
quarter of 2010. GE will be injured in the market if approval is
delayed. Hardship to GE would result if the benefits of the investment
in developing the new models is delayed.
Respectfully submitted,
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Earl F. Jones
Senior Counsel
GE Consumer & Industrial
Appliance Park 2-225
Louisville, KY 40225 [email protected]
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
and 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.
[FR Doc. 2010-9969 Filed 4-28-10; 8:45 am]
BILLING CODE 6450-01-P