[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Notices]
[Pages 22584-22586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9973]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-012]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Electrolux Home Products, Inc. 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-012) that grants to Electrolux Home
Products, Inc. (Electrolux) 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, Electrolux shall be required
to test and rate its refrigerator-freezers with 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 29, 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]. Betsy Kohl,
U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-
71, 1000 Independence Avenue, SW.,
[[Page 22585]]
Washington, DC 20585-0103, (202) 586-9507, 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 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 April 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Electrolux Home Products, Inc. (Case No. RF-012).
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 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. Id.
Sec. 6293(b)(3).
Today's notice involves residential products under Part A. The test
procedure for residential electric refrigerator-freezers relevant to
the current petition for waiver is contained in 10 CFR part 430,
subpart B, appendix A1.
DOE's regulations contain provisions allowing a person to seek a
waiver 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. Sec. 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. Sec. 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. Sec.
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. Sec. 430.27(g).
On November 6, 2008, Electrolux filed a petition for waiver from
the test procedures applicable to residential refrigerators and
refrigerator-freezers. Electrolux's petition was published in the
Federal Register on June 4, 2009. 74 FR 26853. In that notice, DOE
announced its grant of an interim waiver to Electrolux, and expanded
that waiver to include four additional models after receiving
supplemental information from the company. On July 13, 2009, Electrolux
filed a petition for waiver for additional, similar models of
residential refrigerators and refrigerator-freezers. Electrolux's
petition was published in the Federal Register on December 15, 2009.
Id. at 66344. In the same Federal Register notice, DOE extended the
June 4, 2009, interim waiver to these additional models.
On December 4, 2009, Electrolux filed a third 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. All three Electrolux petitions pertain to new
refrigerators and refrigerator-freezers that contain variable anti-
sweat heater controls. These controls 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, Electrolux's technology is similar to that used by General
Electric Company (GE) and Whirlpool Corporation (Whirlpool) for
refrigerator-freezers which were the subject of petitions for waiver
published April 17, 2007 (72 FR 19189) and July 10, 2008 (73 FR 39684),
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).
DOE granted the first two Electrolux waivers on December 15, 2009 (74
FR 66338), and March 11, 2010 (75 FR 11530).
Assertions and Determinations
Electrolux's Petition for Waiver
In its December 2009 petition, Electrolux 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 technology into account. Electrolux
sought similar waivers in its July and November 2009 petitions, which
were granted. Electrolux asserts these new products are identical in
function and operation to the basic models listed in Electrolux's
earlier petitions with respect to the properties that made those
products eligible for a waiver. DOE did not receive any comments on the
Electrolux petition.
Electrolux requested it be permitted to use the same alternate test
procedure DOE prescribed for GE, Whirlpool and Electrolux refrigerators
and refrigerator-freezers equipped with a similar technology. The
alternate test procedure applicable to the GE, Whirlpool and Electrolux
products 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.
[[Page 22586]]
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.
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 Electrolux Home Products,
Inc. (Case No. RF-012) is hereby granted as set forth in the paragraphs
below.
(2) Electrolux shall not be required to test or rate the following
Electrolux 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:
CRS23*** FFCU23**** FGHS26**** FGUN23**** FGHB28****
CRS26*** FGHC23**** FGUS26**** FPHN23**** FGUB28****
FFHS23**** FGCU23**** FPHS26**** FPUN23**** FPHB28****
FFUS23**** FPHC23**** FPUS26**** EI23BC**** FPUB28****
FGHS23**** FPCU23**** EI26SS**** EW23BC**** FGHN28****
FGUS23**** FFSC23**** EW26SS**** E23BC***** FGUN28****
FPHS23**** EI23CS**** FGHF23**** FFHB26**** FPHN28****
FPUS23**** EW23CS**** FGUB23**** FFUB26**** FPUN28****
EI23SS**** E23CS**** FPHF23**** FFHN26**** EI28BS****
EW23SS**** FFHS26**** FPUB23**** FFUN26**** EW28BS****
FFHC23**** FFUS26**** FGHN23**** EI26BS**** ....................
(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 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
------------------------------------------------------------------------
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.
Issued in Washington, DC on April 22, 2010.
Cathy Zoi,
Assistant Secretary,
Energy Efficiency and Renewable Energy.
[FR Doc. 2010-9973 Filed 4-28-10; 8:45 am]
BILLING CODE 6450-01-P