Federal Register/Vol. 75, No. 47/Thursday, March 11, 2010/Notices

11522 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Notices

with section 735(a)(2) of the Act and 19 hearing two days after the rebuttal brief adaptive control technology into CFR 351.210(b)(2), because: (1) our deadline date at the U.S. Department of account. Therefore, Haier has suggested preliminary determination is Commerce, 14th Street and Constitution an alternate test procedure that affirmative; (2) the requesting exporter Avenue, NW, Washington, DC 20230, at considers adaptive control technology accounts for a significant proportion of a time and in a room to be determined. when measuring energy consumption. exports of the subject merchandise; and, Parties should confirm by telephone, the DOE solicits comments, data, and (3) no compelling reasons for denial date, time, and location of the hearing information concerning Haier’s Petition exist, we are granting this request and 48 hours before the scheduled date. and the suggested alternate test are postponing the final determination Interested parties who wish to request procedure. DOE also publishes notice of until no later than 135 days after the a hearing, or to participate in a hearing the grant of an interim waiver to Haier. publication of this notice in the Federal if one is requested, must submit a DATES: DOE will accept comments, data, Register. Suspension of liquidation will written request to the Assistant and information with respect to the be extended accordingly. Secretary for Import Administration, Haier Petition until, but no later than, ITC Notification U.S. Department of Commerce, Room April 12, 2010. 1870, within 30 days of the publication ADDRESSES: You may submit comments, In accordance with section 733(f) of of this notice. Requests should contain: the Act, we have notified the ITC of the identified by case number ‘‘RF–013,’’ by (1) the party’s name, address, and any of the following methods: Department’s preliminary affirmative telephone number; (2) the number of • determination. If the Department’s final Federal eRulemaking Portal: http:// participants; and (3) a list of the issues www.regulations.gov. Follow the determination is to be discussed. At the hearing, oral affirmative, the ITC will determine instructions for submitting comments. presentations will be limited to issues • E-mail: AS_Waiver_Requests@ee. before the later of 120 days after the date raised in the briefs. of this preliminary determination or 45 doe.gov. Include either the case number This determination is issued and [Case No. RF–013], and/or ‘‘Haier days after our final determination published pursuant to sections 733(f) whether imports of bricks from Mexico Petition’’ in the subject line of the and 777(i)(1) of the Act. message. are materially injuring, or threatening • material injury to, the U.S. industry (see Dated: March 3, 2010. Mail: Ms. Brenda Edwards, U.S. section 735(b)(2) of the Act). Because we Carole A. Showers, Department of Energy, Building are postponing the deadline for our final Acting Deputy Assistant Secretary for Import Technologies Program, Mailstop EE–2J, determination to 135 days from the date Administration. 1000 Independence Avenue, SW., of the publication of this preliminary [FR Doc. 2010–5369 Filed 3–10–10; 8:45 am] Washington, DC 20585–0121. determination, the ITC will make its BILLING CODE 3510–DS–S Telephone: (202) 586–2945. Please final determination no later than 45 submit one signed original paper copy. • days after our final determination. Hand Delivery/Courier: Ms. Brenda DEPARTMENT OF ENERGY Edwards, U.S. Department of Energy, Public Comment Building Technologies Program, 950 Interested parties are invited to [Case No. RF–013] L’Enfant Plaza, SW., Suite 600, comment on the preliminary Washington, DC 20024. Please submit determination. Interested parties may Energy Conservation Program for one signed original paper copy. submit case briefs to the Department no Consumer Products: Publication of the Docket: For access to the docket to later than seven days after the date of Petition for Waiver and Notice of review the background documents the issuance of the last verification Granting the Application for Interim relevant to this matter, you may visit the report in this proceeding. See 19 CFR Waiver of Haier From the Department U.S. Department of Energy, 950 L’Enfant 351.309(c)(1)(i). Rebuttal briefs, the of Energy Residential Refrigerator and Plaza, SW., (Resource Room of the content of which is limited to the issues Refrigerator-Freezer Test Procedures Building Technologies Program), raised in the case briefs, must be filed AGENCY: Office of Energy Efficiency and Washington, DC 20024; (202) 586–2945, within five days from the deadline date Renewable Energy, Department of between 9 a.m. and 4 p.m., Monday for the submission of case briefs. See 19 Energy. through Friday, except Federal holidays. Available documents include the CFR 351.309(d)(1). A list of authorities ACTION: Notice of Petition for Waiver, used, a table of contents, and an Notice of Granting Application for following items: (1) This notice; (2) executive summary of issues should Interim Waiver, and request for public public comments received; (3) the accompany any briefs submitted to the comments. petition for waiver and application for Department. Executive summaries interim waiver; and (4) prior DOE should be limited to five pages total, SUMMARY: This notice announces receipt rulemakings regarding similar including footnotes. Further, we request of and publishes the Haier Group and refrigerators and refrigerator-freezers. that parties submitting briefs and Haier America Trading, L.L.C. (Haier) Please call Ms. Brenda Edwards at the rebuttal briefs provide the Department petition for waiver (hereafter, ‘‘Petition’’) above telephone number for additional with a copy of the public version of from specified portions of the U.S. information regarding visiting the such briefs on diskette. In accordance Department of Energy (DOE) test Resource Room. with section 774 of the Act, the procedure for determining the energy FOR FURTHER INFORMATION CONTACT: Dr. Department will hold a public hearing, consumption of electric refrigerators Michael G. Raymond, U.S. Department if timely requested, to afford interested and refrigerator-freezers. The waiver of Energy, Building Technologies parties an opportunity to comment on request pertains to Haier’s product lines Program, Mail Stop EE–2J, 1000 arguments raised in case or rebuttal that utilize a control logic that changes Independence Avenue, SW., briefs, provided that such a hearing is the wattage of the anti-sweat heaters Washington, DC 20585–0121. requested by an interested party. See based upon the ambient relative Telephone: (202) 586–9611. E-mail: also 19 CFR 351.310(d). If a timely humidity conditions to prevent [email protected]. request for a hearing is made in this condensation. The existing test Ms. Elizabeth Kohl, U.S. Department investigation, we intend to hold the procedure does not take humidity or of Energy, Office of the General Counsel,

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Mail Stop GC–71, Forrestal Building, prescribed test procedures. (10 CFR DOE published in the Federal Register 1000 Independence Avenue, SW., 430.27(a)(2); 430.27(g)). An interim on February 27, 2008. (73 FR 10425). Washington, DC 20585–0103. waiver remains in effect for a period of DOE believes that it is in the public Telephone: (202) 586–7796. E-mail: 180 days or until DOE issues its interest to have similar products tested [email protected]. determination on the petition for and rated for energy consumption on a SUPPLEMENTARY INFORMATION: waiver, whichever is sooner, and may comparable basis. be extended for an additional 180 days, III. Application for Interim Waiver I. Background and Authority if necessary. (10 CFR 430.27(h)). Haier also requests an interim waiver Title III of the Energy Policy and II. Petition for Waiver of Test Procedure from the existing DOE test procedure. Conservation Act sets forth a variety of On January 11, 2010, Haier filed a Under 10 CFR 430.27(b)(2), each provisions concerning energy efficiency. petition for waiver from the test application for interim waiver ‘‘shall Part A of Title III provides for the procedure applicable to residential demonstrate likely success of the ‘‘Energy Conservation Program for electric refrigerators and refrigerator- petition for waiver and shall address Consumer Products Other Than freezers set forth in 10 CFR part 430, what economic hardship and/or ’’ Automobiles. (42 U.S.C. 6291–6309). subpart B, appendix A1. Haier is competitive disadvantage is likely to Part A includes definitions, test designing new refrigerators and result absent a favorable determination procedures, labeling provisions, energy refrigerator-freezers that contain on the application for interim waiver.’’ conservation standards, and the variable anti-sweat heater controls that An interim waiver may be granted if it authority to require information and detect a broad range of temperature and is determined that the applicant will reports from manufacturers. Further, humidity conditions, and respond by experience economic hardship if the Part A authorizes the Secretary of activating adaptive heaters, as needed, application for interim waiver is denied, Energy to prescribe test procedures that to evaporate excess moisture. According if it appears likely that the petition for are reasonably designed to produce to the petitioner, Haier’s technology is waiver will be granted, and/or the results that measure energy efficiency, similar to that used by General Electric Assistant Secretary determines that it energy use, or estimated operating costs, Company (GE), Whirlpool Corporation would be desirable for public policy and that are not unduly burdensome to (Whirlpool), and Electrolux for reasons to grant immediate relief conduct. (42 U.S.C. 6293(b)(3)). The test refrigerator-freezers which were the pending a determination of the petition procedure for residential refrigerators subject of petitions for waiver published for waiver. (10 CFR 430.27(g)). and refrigerator-freezers is contained in April 17, 2007 (72 FR 19189), July 10, DOE determined that Haier’s 10 CFR part 430, subpart B, appendix 2008 (73 FR 39684), and June 4, 2009 application for interim waiver does not A1. (74 FR 26853), respectively. GE’s waiver provide sufficient market, equipment The regulations set forth in 10 CFR was granted on February 27, 2008 (73 price, shipments, and other 430.27 contain provisions that enable a FR 10425). Whirlpool’s waiver was manufacturer impact information to person to seek a waiver from the test granted on May 5, 2009 (74 FR 20695). permit DOE to evaluate the economic procedure requirements for covered Electrolux’ waiver was granted on hardship Haier might experience absent consumer products. A waiver will be December 15, 2009. (74 FR 66338). DOE a favorable determination on its granted by the Assistant Secretary for also granted Samsung Electronics application for interim waiver. Energy Efficiency and Renewable America, Inc. (Samsung) an interim However, DOE understands that absent Energy (the Assistant Secretary) if it is waiver for similar products on an interim waiver, Haier’s products determined that the basic model for December 15, 2009 (74 FR 66340). would not otherwise be tested and rated which the petition for waiver was In its petition, Haier seeks a waiver for energy consumption on a submitted contains one or more design from the existing DOE test procedure comparable basis with equivalent characteristics that prevents testing of applicable to refrigerators and products for which DOE previously the basic model according to the refrigerator-freezers under 10 CFR part granted waivers, and would be required prescribed test procedures, or if the 430 because the existing test procedure to represent a higher energy prescribed test procedures may evaluate takes neither ambient humidity nor consumption for essentially the same the basic model in a manner so adaptive technology into account. product. Furthermore, it appears likely unrepresentative of its true energy Therefore, Haier states that the test that Haier’s Petition for Waiver will be consumption characteristics as to procedure does not accurately measure granted, and it is desirable for public provide materially inaccurate the energy consumption of Haier’s new policy reasons to grant Haier immediate comparative data. (10 CFR part refrigerators and refrigerator-freezers relief pending a determination on the 430.27(l)). Petitioners must include in that feature variable anti-sweat heater petition for waiver. As stated above, their petition any alternate test controls and adaptive heaters. DOE has already granted similar waivers procedures known to the petitioner to Consequently, Haier has submitted to to GE, Whirlpool, and Electrolux, as evaluate the basic model in a manner DOE for approval an alternate test well as an interim waiver to Samsung, representative of its energy procedure that would allow it to because the test procedure does not consumption. (10 CFR 430.27(b)(1)(iii)). correctly calculate the energy accurately represent the energy The Assistant Secretary may grant the consumption of this new product line. consumption of refrigerator-freezers waiver subject to conditions, including Haier’s alternate test procedure is the containing relative humidity sensors adherence to alternate test procedures. same in all relevant particulars as that and adaptive control anti-sweat heaters. (10 CFR 430.27(l)). Waivers remain in prescribed for other manufacturers for The rationale for granting these waivers effect pursuant to the provisions of 10 refrigerators and refrigerator-freezers is equally applicable to Haier, which CFR 430.27(m). that are equipped with the same type of has products containing similar relative The waiver process also allows the technology. The alternate test procedure humidity sensors and anti-sweat Assistant Secretary to grant an interim applicable to these products simulates heaters. DOE has also concluded that it waiver from test procedure the energy used by the adaptive heaters is in the public interest to have similar requirements to manufacturers that have in a typical consumer household, as products tested and rated for energy petitioned DOE for a waiver of such explained in the decision and order that consumption on a comparable basis.

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For the reasons stated above, DOE and adaptive control anti-sweat heaters, 2. Haier shall be required to test and grants Haier’s application for interim subject to the specifications and rate its refrigerator-freezer product line waiver from testing of its refrigerator- conditions below. containing relative humidity sensors freezer product line containing relative 1. Haier shall not be required to test and adaptive control anti-sweat heaters humidity sensors and adaptive control or rate its refrigerator-freezer product according to the alternate test procedure anti-sweat heaters. Therefore, it is line containing relative humidity as set forth in section IV, ‘‘Alternate Test ordered that: Procedure.’’ The application for interim waiver sensors and adaptive control anti-sweat filed by Haier is hereby granted for heaters based on the test procedure The interim waiver applies to the Haier’s refrigerator-freezer product line under 10 CFR part 430 subpart B, following basic model groups: containing relative humidity sensors appendix A1.

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 average outdoor temperature and refrigerator-freezer equipped with variable upon the presumed validity of humidity for the top 50 metropolitan anti-sweat heater control, the ‘‘on’’ test will be statements, representations, and areas of the U.S. over approximately the the result of the calculation described in documents provided by the petitioner. 6.2.3. Other exceptions are noted in 2.3, 2.4, last 30 years. In light of the similarity of and 5.1 below. DOE may revoke or modify this interim technologies at issue, Haier is using the (C) New section 6.2.3 is inserted after waiver at any time upon a same data compiled by GE for its section 6.2.2.2. determination that the factual basis determination of the anti-sweat heater underlying the petition for waiver is energy use. Like GE, Whirlpool, and 6.2.3 Variable anti-sweat heater control incorrect, or upon a determination that test. The energy consumption of an electric Electrolux, Haier includes in its test refrigerator-freezer with a variable anti-sweat the results from the alternate test ‘‘ ’’ procedure a system-loss factor to heater control in the ‘‘on’’ position (Eon), procedure are unrepresentative of the calculate system losses attributed to expressed in kilowatt-hours per day, shall be basic models’ true energy consumption operating anti-sweat heaters, controls, calculated equivalent to:

characteristics. and related components. Eon = E + (Correction Factor) IV. Alternate Test Procedure For the duration of the interim Where E is determined by 6.2.1.1, 6.2.1.2, waiver, Haier shall be required to test 6.2.2.1, or 6.2.2.2, whichever is Haier’s new line of refrigerators and the products listed above according to appropriate, with the anti-sweat heater refrigerator-freezers contains sensors the test procedures for electric switch in the ‘‘off’’ position. that detect ambient humidity and refrigerator-freezers prescribed by DOE Correction Factor = (Anti-sweat Heater Power interact with controls that vary the at 10 CFR part 430, Appendix A1, × System-loss Factor) × (24 hrs/1 day) × effective wattage of anti-sweat heaters to except that for the Haier products listed (1 kW/1000 W) evaporate excess moisture. The existing above only: Where: DOE test procedure cannot be used to (A) The following definition is added Anti-sweat Heater Power calculate the energy consumption of at the end of Section 1: = A1 * (Heater Watts at 5% RH) these features. The variable anti-sweat + A2 * (Heater Watts at 15% RH) 1.13 ‘‘Variable anti-sweat heater control’’ + A3 * (Heater Watts at 25% RH) heater contribution to the refrigerator’s means an anti-sweat heater where power energy consumption is entirely + A4 * (Heater Watts at 35% RH) supplied to the device is determined by an + A5 * (Heater Watts at 45% RH) dependent on the ambient humidity of operating condition variable(s) and/or + A6 * (Heater Watts at 55% RH) the test chamber, which the DOE test ambient condition variable(s). + A7 * (Heater Watts at 65% RH) procedure does not specify. The energy (B) Section 2.2 is revised to read as + A8 * (Heater Watts at 75% RH) consumption of the anti-sweat heaters follows: + A9 * (Heater Watts at 85% RH) will be modeled and added to the + A10 * (Heater Watts at 95% RH) 2.2 Operational conditions. The electric energy consumption measured with the Where A1–A10 derive from the following refrigerator or electric refrigerator-freezer table: anti-sweat heaters disabled. The anti- shall be installed and its operating conditions sweat contribution to the product’s total maintained in accordance with HRF–1–1979, energy consumption will be calculated section 7.2 through section 7.4.3.3., except A1 = 0.034 A6 = 0.119 by the same methodology that was set that the vertical ambient temperature A2 = 0.211 A7 = 0.069 forth in the GE Petition, as described gradient at locations 10 inches (25.4 cm) out A3 = 0.204 A8 = 0.047 below. The objective of this approach is from the centers of the two sides of the unit A4 = 0.166 A9 = 0.008 A5 = 0.126 A10 = 0.015 to simulate the average energy used by being tested, is to be maintained during the the adaptive anti-sweat heaters as test. Unless shields or baffles obstruct the area, the gradient is to be maintained from 2 Heater Watts at a specific relative humidity activated in refrigerators and inches (5.1 cm) above the floor or supporting = the nominal watts used by all heaters at ° refrigerator-freezers of typical consumer platform to a height one foot (30.5 cm) above that specific relative humidity, 72 F households across the United States. the unit under test. Defrost controls are to be ambient, and DOE reference temperatures of ° To determine the conditions in a operative. The anti-sweat heater switch is to fresh food (FF) average temperature of 45 F ° typical consumer household, GE be ‘‘off’’ during one test and ‘‘on’’ during the and freezer (FZ) average temperature of 5 F. compiled historical data on the monthly second test. In the case of an electric System-loss Factor = 1.3

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V. Summary and Request for Comments Issued in Washington, DC, on March 4, from accurately evaluating its refrigerator- 2010. freezers that have this adaptive anti-sweat Through today’s notice, DOE grants Cathy Zoi, heater technology. The DOE test procedure as Haier an interim waiver from the Assistant Secretary, Energy Efficiency and applied to these products will yield different specified portions of the test procedure Renewable Energy. test results depending on the relative ambient applicable to Haier’s new line of relative humidity in the test chamber. The January 11, 2010. test procedure does not specify a value for refrigerators and refrigerator-freezers The Honorable Cathy Zoi, Assistant the relative ambient humidity in the test with variable anti-sweat heater controls Secretary, Energy Efficiency and chamber. and adaptive heaters, and announces Renewable Energy, U.S. Department of Haier’s adaptive anti-sweat heater receipt of Haier’s petition for waiver Energy, Mail Station EE–10, 1000 technology is similar to that used by General from those same portions of the test Independence Avenue, SW, Washington, Electric, Whirlpool, Electrolux, and Samsung procedure. DOE publishes Haier’s DC 20585. for refrigerator-freezers that were the subject of waiver relief. See, 74 FR 66338 (Dec. 15, petition for waiver in its entirety Re: Petition for Waiver and Application for Interim Waiver for Refrigerator-Freezers 2009) (Electrolux; grant of waiver); id. 66340 pursuant to 10 CFR 430.27(b)(1)(iv). The with Adaptive Anti-Sweat Heater (Dec. 15, 2009) (Samsung; grant of interim petition contains no confidential Technology waiver); id. 26853 (June 4, 2009) (Electrolux; information. The petition includes a Dear Assistant Secretary Zoi: Pursuant to grant of interim waiver); id. 20695 (May 5, suggested alternate test procedure and 10 CFR 430.27, Haier Group and Haier 2009) (Whirlpool; grant of waiver); 73 FR calculation methodology to determine America Trading, L.L.C.1 respectfully submit 10425 (Feb. 27, 2008) (General Electric; grant this Petition for Waiver and Application for of waiver). the energy consumption of Haier’s Therefore, Haier should not be required to specified refrigerators and refrigerator- Interim Waiver for refrigerator-freezer models that incorporate adaptive anti-sweat heater test or rate its refrigerator-freezer product freezers with adaptive anti-sweat technology. The Department of Energy (DOE) lines containing adaptive anti-sweat heaters heaters. Haier is required to follow this has already granted waiver relief to General technology on the basis of the test procedure alternate procedure as a condition of its Electric, Whirlpool, Electrolux, and Samsung under 10 CFR Part 430, Subpart B, Appendix interim waiver, and DOE is considering for products with such technology. Without A1. Instead, as with the other companies for including this alternate procedure in its waiver relief, Haier will be placed at a severe which waiver relief has been granted, Haier competitive disadvantage. should be required to test and rate these subsequent decision and order. products line according to an alternative test DOE solicits comments from I. Identification of Petitioner/Applicant procedure. The alternative test procedure interested parties on all aspects of the Haier is a manufacturer and marketer of would provide for the test to be run with the petition, including the suggested major appliances and electronics, including, anti-sweat heater switch in the ‘‘off’’ position alternate test procedure and calculation but not limited to, refrigerators, freezers, air and then, because the test chamber is not conditioners, dishwashers, microwaves, humidity-controlled, there would be added methodology. Pursuant to 10 CFR laundry products, small appliances, to that result the kilowatt hours per day 430.27(b)(1)(iv), any person submitting electronics, vacuums, wine cellars and derived by calculating the energy used when written comments to DOE must also televisions. the anti-sweat heater is in the ‘‘on’’ position. send a copy of such comments to the The parent entity is Haier Group, whose Specifically, Haier should be required to petitioner. The contact information for corporate headquarters are located at 1 Haier test the products for which a waiver is Road, High-Tech Zone, Qingdao 266101, granted according to the test procedures for the petitioner is: Robert Cunningham, China. Haier America Trading, L.L.C., a New Senior Vice President of Product electric refrigerator-freezers prescribed by York limited liability company, is the sales DOE at 10 CFR Part 430, Appendix A1, Innovation and Engineering, Major and marketing entity for Haier in the United except that, for the Haier products: Appliances, Haier America Trading, States and elsewhere in the Western (A) The following definition is added at the L.L.C., 1356 Broadway, New York, New Hemisphere. Its headquarters are located at end of Section 1: York 10018; Telephone: (212) 594–3330. The Haier Building, 1356 Broadway, New 1.13 ‘‘Variable anti-sweat heater control’’ York, New York 10018. All submissions received must include means an anti-sweat heater where power the agency name and case number for II. A Waiver Should Be Granted supplied to the device is determined by an operating condition variable(s) and/or this proceeding. Submit electronic Haier is developing, and intends shortly to ambient condition variable(s). introduce into the marketplace, refrigerator- comments in WordPerfect, Microsoft (B) Section 2.2 is revised to read as follows: freezers with anti-sweat heater technology Word, Portable Document Format (PDF), 2.2 Operational conditions. The electric or text (American Standard Code for that reacts according to different ambient conditions such as humidity and refrigerator or electric refrigerator-freezer Information Interchange (ASCII)) file temperature. As with General Electric, shall be installed and its operating conditions format and avoid the use of special Whirlpool, Electrolux, and Samsung, a maintained in accordance with HRF–1–1979, characters or any form of encryption. waiver and interim waiver for Haier section 7.2 through section 7.4.3.3. except Wherever possible, include the refrigerator-freezers with adaptive anti-sweat that the vertical ambient temperature heater technology are warranted because gradient at locations 10 inches (25.4 cm) out electronic signature of the author. DOE from the centers of the two sides of the unit does not accept telefacsimiles (faxes). DOE’s current test procedure under the Energy Policy and Conservation Act (EPCA), being tested is to be maintained during the According to 10 CFR 1004.11, any 42 U.S.C. 6291 et seq., evaluates them in a test. Unless shields or baffles obstruct the person submitting information that he manner so unrepresentative of their true area, the gradient is to be maintained from 2 inches (5.1 cm) above the floor or supporting or she believes to be confidential and energy consumption characteristics as to provide materially inaccurate comparative platform to a height one foot (30.5 cm) above exempt by law from public disclosure data, and/or the basic models contain one or the unit under test. Defrost controls are to be should submit two copies to DOE: One more design characteristics that prevent operative. The anti-sweat heater switch is to copy of the document including all the testing of the basic model according to the be ‘‘off’’ during one test and ‘‘on’’ during the information believed to be confidential, prescribed test procedures. DOE’s rules second test. In the case of an electric and one copy of the document with the provide that a waiver ‘‘will be granted’’ in refrigerator-freezer equipped with variable information believed to be confidential such situations. 10 CFR 430.27(l). anti-sweat heater control, the ‘‘on’’ test will be The current DOE test procedure, id. Part the result of the calculation described in deleted. DOE will make its own 430, Subpart B, Appendix A1, prevents Haier 6.2.3. Other exceptions are noted in 2.3, 2.4, determination about the confidential and 5.1 below. status of the information and treat it 1 For convenience, we sometimes refer generally (C) New section 6.2.3 is inserted after according to its determination. herein to ‘‘Haier.’’ section 6.2.2.2.

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6.2.3 Variable anti-sweat heater control Anti-sweat Heater Power A5 = 0.126 A10 = 0.015 test. The energy consumption of an electric = A1 * (Heater Watts at 5%RH) refrigerator-freezer with a variable anti-sweat + A2 * (Heater Watts at 15%RH) Heater Watts at a specific relative humidity heater control in the ‘‘on’’ position (E[on]), + A3 * (Heater Watts at 25%RH) = the nominal watts used by all heaters at expressed in kilowatt-hours per day, shall be + A4 * (Heater Watts at 35%RH) that specific relative humidity, 72 [degrees] calculated equivalent to: + A5 * (Heater Watts at 45%RH) F ambient, and DOE reference temperatures of fresh food average temperature of 45 E[ON] = E + (Heater Contribution) [note: + A6 * (Heater Watts at 55%RH) [degrees] F and freezer average temperature called ‘‘correction factor’’ by General + A7 * (Heater Watts at 65%RH) of 5 [degrees] F. Electric] + A8 * (Heater Watts at 75%RH) System-loss Factor = 1.3 where E is determined by 6.2.1.1, 6.2.1.2, + A9 * (Heater Watts at 85%RH) 6.2.2.1, or 6.2.2.2, whichever is appropriate, v+ A10 * (Heater Watts at 95%RH) * * * * * The waiver should apply to the following with the anti-sweat heater switch in the ‘‘off’’ where A1–A10 are from the following table: position. model series. The actual model numbers will vary to account for year of manufacture, Heater Contribution n1 = (Anti-sweat Heater A1 = 0.034 A6 = 0.119 product color, or other features, but will × × Power System-loss Factor) (24 hrs/1 A2 = 0.211 A7 = 0.069 always include anti-sweat technology whose × day) (1 kW/1000 W) A3 = 0.204 A8 = 0.047 energy impact is calculated in accordance Where: A4 = 0.166 A9 = 0.008 with this petition.

The waiver should continue until a test Samsung Electronics America, Inc., Sanyo ACTION: Notice of Open Meeting. procedure can be developed and adopted that Fisher Company, Sub-Zero Freezer Company, will provide the U.S. market with a fair and ULine, Viking Range, and Whirlpool SUMMARY: This notice announces an accurate assessment of the Haier products. Corporation. The Association of Home open meeting of the Biomass Research Appliance Manufacturers is also generally III. An Interim Waiver Should Be Granted and Development Technical Advisory interested in energy efficiency requirements Committee under Section 9008(d) of the Haier also requests immediate relief by for appliances, including refrigerator- Food, Conservation, and Energy Act of grant of an Interim Waiver. Haier would be freezers. Haier will notify all these entities as placed at a competitive disadvantage if an 2008. The Federal Advisory Committee set forth in the Department’s rules and Act (Pub. L. 92–463, 86 Stat. 770) Interim Waiver is not granted to it, as the provide them with a version of this Petition energy consumption data will not be and Application. requires that agencies publish these comparable to that of other manufacturers notices in the Federal Register to allow that were granted waiver relief. V. Conclusion for public participation. This notice Furthermore, it is likely that Haier’s DOE should grant a waiver and interim announces the meeting of the Biomass Petition for Waiver will be granted, and it is waiver for Haier refrigerator-freezers with Research and Development Technical desirable for public policy reasons to grant adaptive anti-sweat heater technology. The Haier immediate relief pending a Advisory Committee. waiver should continue until a test procedure Dates and Times: April 1, 2010 at 8 determination on the Petition for Waiver. As can be developed and adopted that will stated above, DOE has already granted waiver am to 5 pm; April 2, 2010 at 12:30 pm provide the U.S. market with a fair and to 3 pm. relief to General Electric, Whirlpool, accurate assessment of the Haier products. Electrolux, and Samsung because the DOE Haier certifies that all manufacturers of ADDRESSES: Hyatt Regency Crystal City, test procedure does not accurately represent domestically marketed units of the same Washington Room A, 2799 Jefferson the energy consumption of refrigerator- product type have been notified by letter of Davis Highway, Arlington, VA 22202, freezers containing this technology. The this petition and application. Copies of such rationale for granting these waivers is equally (703) 418–1234. letter and related certification are attached applicable to Haier. DOE has also concluded FOR FURTHER INFORMATION CONTACT: hereto. that it is in the public interest to have similar Laura McCann, Designated Federal Sincerely, products tested and rated for energy Robert Cunningham, Official for the Committee, Office of consumption on a comparable basis. See, e.g., Senior Vice President of Product Innovation Energy Efficiency and Renewable 74 FR 66338, 66339 (Dec. 15, 2009); id. Energy, U.S. Department of Energy, 66340, 66341 (Dec. 15, 2009). and Engineering, Major Appliances, Haier America Trading, L.L.C. 1000 Independence Avenue, SW., IV. Persons To Be Notified [FR Doc. 2010–5226 Filed 3–10–10; 8:45 am] Washington, DC 20585; (202) 586–7766; E-mail: [email protected] or T.J. Manufacturers of all other basic models BILLING CODE 6450–01–P marketed in the United States and known to Heibel at (410) 997–7778 ext. 223; E- Haier to incorporate similar design mail: [email protected]. characteristics as found in the Haier DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: refrigerator-freezers include BSH Home Purpose of Meeting: To provide Appliances Corp. (Bosch-Siemens Hausgerate Biomass Research and Development advice and guidance that promotes GmbH), Electrolux Home Products, Equator, Fisher & Paykel Appliances Inc., GE Technical Advisory Committee research and development leading to the Appliances, Gorenje USA, Heartland production of biobased fuels and Appliances, Inc., Kelon Electrical Holdings AGENCY: Department of Energy, Office of biobased products. Co., Ltd., Liebherr Hausgerate, LG Electronics Energy Efficiency and Renewable Tentative Agenda: Agenda will Inc., Miele, Inc., Northland Corporation, Energy. include the following:

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