[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19077-19078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8142]
[[Page 19077]]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-017]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Electrolux From the Department of Energy
Residential Refrigerator and Refrigerator-Freezer Test Procedures
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-017) that grants to Electrolux Home
Products, Inc. (Electrolux) a waiver from the DOE electric refrigerator
and refrigerator-freezer test procedures 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 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 April 6, 2011.
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].
Ms. 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 Electrolux a waiver from the applicable residential
refrigerator and refrigerator-freezer test procedures found 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 March 30, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Electrolux Home Products, Inc. (Case No. RF-017)
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified)
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ 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 electric
refrigerators and refrigerator-freezers is contained in 10 CFR part
430, subpart B, appendix A1.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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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 for which the petition for waiver was
submitted 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).
Any interested person who has submitted a petition for waiver may
also 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).
II. Electrolux's Petition for Waiver: Assertions and Determinations
On September 15, 2010, Electrolux filed a petition for waiver from
the test procedures 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 anti-sweat heaters, which detect
and respond to temperature and humidity conditions, and then activate
adaptive heaters as needed to evaporate excess moisture. Electrolux's
petition was published in the Federal Register on December 10, 2010. 75
FR 76962. In its petition, Electrolux sought a waiver from the existing
DOE test procedure because it takes neither ambient humidity nor
adaptive technology into account. DOE did not receive any comments on
the Electrolux petition.
Electrolux requested that it be permitted to use the same alternate
test procedure DOE prescribed for GE, Whirlpool, and other companies
manufacturing refrigerators and refrigerator-freezers equipped with a
similar technology. Specifically, DOE granted GE, Whirlpool, Electrolux
(3 waivers), LG, Samsung (2 waivers), and Haier waivers on February 27,
2008 (73
[[Page 19078]]
FR 10425); May 5, 2009 (74 FR 20695); December 15, 2009 (74 FR 66338),
March 11, 2010 (75 FR 11530), April 29, 2010 (75 FR 22584); August 19,
2010 (75 FR 51264); March 18, 2010 (75 FR 13120), August 3, 2010 (75 FR
45623); and June 7, 2010 (75 FR 32175), respectively. The approved
alternate test procedure simulates the energy used by the adaptive
heaters in a typical consumer household, as explained in the respective
decisions and orders 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.
Since the publication of the December notice, DOE issued an interim
final rule that prescribes a particular procedure to address the type
of system employed by the Electrolux products at issue. See 75 FR 78810
(December 16, 2010). This procedure would apply to those products
manufactured starting in 2014.
III. 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.
IV. 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 the Electrolux Home
Products, Inc. (Case No. RF-017) is hereby granted as set forth in the
paragraphs below.
(2) Electrolux shall not be required to test or rate the following
Electrolux models: EI27BS**** FGUN26**** CFD26***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:
(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 standard
cycle 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 = 0.016
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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. 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.
(7) Grant of this waiver does not release a petitioner from the
certification requirements set forth at 10 CFR 430.62.
Issued in Washington, DC, on March 30, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-8142 Filed 4-5-11; 8:45 am]
BILLING CODE 6450-01-P