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[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38696-38699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15421]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-028]

Decision and Order Granting a Waiver to GE Appliances 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-028) that grants to GE Appliances (GE) 
a waiver from the DOE electric refrigerator and refrigerator-freezer 
test procedures for determining the energy consumption of residential 
refrigerator-freezers for the basic models set forth in its petition 
for waiver. Under today's decision and order, GE shall be required to 
test and rate its refrigerator-freezers with separate fresh-food and 
freezer evaporators and a compressor that cycles in a non-uniform 
pattern using an alternate test procedure that takes this technology 
into account when measuring energy consumption.

DATES: This Decision and Order is effective June 27, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: Bryan.Berringer@ee.doe.gov.
    Mr. Michael Kido, 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) 586-8145. Email: 
Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION: DOE gives notice of the issuance of its 
decision and order as set forth below. The decision and order grants GE 
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 separate 
fresh-food and freezer evaporators and a compressor that cycles in a 
non-uniform pattern, provided that GE tests and rates such products 
using the alternate test procedure described in this notice. Today's 
decision prohibits GE from making representations concerning the energy 
efficiency of these products

[[Page 38697]]

unless the product has been tested in a manner 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.

    Issued in Washington, DC, on June 21, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: GE Appliances (Case No. RF-028)

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 set forth 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 from the test procedure requirements for a 
particular basic model 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.
    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. GE's Petition for Waiver: Assertions and Determinations

    On February 15, 2013, GE submitted via electronic mail an undated 
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. GE is designing new refrigerator-
freezers with separate fresh-food and freezer evaporators and a 
compressor that cycles in a non-uniform pattern. In its petition, GE 
seeks a waiver from the test procedure for refrigerator-freezers 
provided in appendix A1 because that test procedure does not provide a 
means to measure the energy use of products with multiple defrost 
cycles. The petition further states that, because of these models' non-
uniform compressor cycles, they cannot attain the 0.5 [deg]F 
temperature differential between compressor cycles that is required in 
order to identify regular compressor operation using the method 
specified for the second part of the Appendix A test that will be 
required starting in 2014. Therefore, GE has asked to use an alternate 
test procedure. DOE did not receive any comments on the GE petition.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the GE petition for waiver. The FTC staff did not have any 
objections to granting a waiver to GE.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by GE and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by GE Appliances (Case No. 
RF-028) is hereby granted as set forth in the paragraphs below.
    (2) GE shall be required to test and rate the following GE models 
according to the alternate test procedure set forth in paragraph (3) 
below.

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    (3) GE 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 
it would use a modified version of the test period specified in section 
4 and the energy use calculation for products with long-time or 
variable defrost control and multiple defrost cycle types in section 
5.2.1.5 of Appendix A. As described by GE, Part 2 of the test 
(T2i in the formula) would be defined as the series of 
cycles prior to and following the defrost period, identified as the 
A1-j and B1-k cycles, respectively. These cycles 
would be used to determine when the 0.5 [deg]F temperature differential 
has been achieved.
    As an example, if the average temperatures for Part 1 of the test 
are 37.8 [deg]F and 0.2 [deg]F in the fresh food and freezer 
compartments, respectively, and the temperatures for the Cycle B series 
of Part 2 of the test (i.e., Cycles BI-k), are as follows:

------------------------------------------------------------------------
                                            Fresh food        Freezer
------------------------------------------------------------------------
B1......................................     42.1 [deg]F      4.3 [deg]F
B1-2....................................     40.2 [deg]F      2.1 [deg]F
B1-3....................................     38.0 [deg]F      0.0 [deg]F
------------------------------------------------------------------------

then the average temperatures for the Cycle B series are 38.0 [deg]F 
and 0.0 [deg]F, which are within the 0.5 [deg]F (0.3 [deg]C) 
requirement. In this example, Part 2 ends after cycle B3.
    During the period of the interim waiver granted in this notice, GE 
shall test the products listed above according to the test procedures 
for residential electric refrigerator-freezers prescribed by DOE at 10 
CFR part 430, subpart B, appendix A1, except that, for the GE products 
listed above only, include:
    1. In section 4, test period, the following:
    4. Test Period
* * * * *

[[Page 38698]]

    4.2.1 Long-time Automatic Defrost with Nonuniform Compressor 
Cycling and Multiple Defrost Cycle Types. The two-part test described 
in this section shall be used. The first part is a stable period of 
compressor operation that includes no portions of the defrost cycle, 
such as precooling or recovery. The second part is designed to capture 
the energy consumed during all of the events occurring with the defrost 
control sequence that are outside of stable operation. The second part 
of the method will be conducted separately for each distinct defrost 
cycle type.
    4.2.1.1 Measurement Frequency. Measurements shall be taken at 
intervals not exceeding one minute. Steady state conditions as 
described in section 2.9 shall be verified using measurements taken at 
intervals not exceeding one minute.
    4.2.1.2 The test period for the first part of the test shall start 
at the start of a compressor ``on'' cycle after steady-state conditions 
have been achieved and be no less than 3 hours in duration. During the 
test period, the compressor motor shall complete two or more whole 
compressor cycles. At the end of the test period both compartment 
temperatures (fresh food and freezer) shall be within 0.5 [deg]F (0.3 
[deg]C) of their measurements at the start of the test period. For this 
comparison, these compartment temperatures shall be measured at the 
start and end of the test period rather than averaged for the entire 
test period, but otherwise shall be defined as described in sections 
5.1.3 and 5.1.4. If 24 hours pass before the compartment temperatures 
meet this requirement, the test period shall comprise a whole number of 
compressor cycles lasting at least 24 hours.
    4.2.1.3 The second part of the test starts at the termination of 
the first part of the test. The average compartment temperatures as 
defined in sections 5.1.3 and 5.1.4 for a whole number of compressor 
cycles occurring after the start of the test period and before the time 
that the defrost heater is energized must both be within 0.5 14;[deg]F 
(0.3 [deg]C) of their average temperatures measured for the first part 
of the test. The test period for the second part of the test ends at 
the start of a compressor ``on'' cycle after both compartment 
temperatures have fully recovered to their stable conditions after the 
defrost. The average compartment temperatures as defined in sections 
5.1.3 and 5.1.4 for a whole number of compressor cycles occurring after 
temperature recovery and before the end of the test period must both be 
within 0.5 14;[deg]F (0.3 [deg]C) of their average temperatures 
measured for the first part of the test. See Figure 1.
[GRAPHIC] [TIFF OMITTED] TN27JN13.003

    Figure 1 Note:  The average temperatures of the compartments for 
compressor cycles A1 through Aj shall be 
within 0.5 [deg]F (0.3 [deg]C) of their temperature averages for the 
first part of the test. Likewise, the average temperatures of the 
compartments for compressor cycles B1 through 
Bk shall be within 0.5 [deg]F (0.3 [deg]C) of their 
temperature averages for the first part of the test.

    2. In section 5, Test Measurements, the following:
    5.2.1.5 Long-time or Variable Defrost Control for Systems with 
Multiple Defrost cycle Types. The energy consumption in kilowatt-hours 
per day shall be calculated equivalent to:

[[Page 38699]]

[GRAPHIC] [TIFF OMITTED] TN27JN13.004

Where:

1440 is defined in 5.2.1.1 and EP1, T1, and 12 are defined in 
5.2.1.2;
i is a variable that can equal 1, 2, or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
EP2i = energy expended in kilowatt-hours during the 
second part of the test for defrost cycle type i;
T2i = length of time in minutes of the second part of the 
test for defrost cycle type i;
CTi is the compressor run time between instances of 
defrost cycle type i, for long-time automatic defrost control equal 
to a fixed time in hours rounded to the nearest tenth of an hour, 
and for variable defrost control equal to
(CTLi x CTMi)/(F x (CTMi ~ 
CTLi) + CTLi);
CTLi = least or shortest compressor run time between 
instances of defrost cycle type i in hours rounded to the nearest 
tenth of an hour (CTL for the defrost cycle type with the 
longest compressor run time between defrosts must be greater than or 
equal to 6 but less than or equal to 12 hours);
CTMi = maximum compressor run time between instances of 
defrost cycle type i in hours rounded to the nearest tenth of an 
hour (greater than CTLi but not more than 96 hours);
For cases in which there are more than one fixed CT value (for long-
time defrost models) or more than one CTM and/or 
CTL value (for variable defrost models) for a given 
defrost cycle type, an average fixed CT value or average 
CTM and CTL values shall be selected for this 
cycle type so that 12 divided by this value or values is the 
frequency of occurrence of the defrost cycle type in a 24 hour 
period, assuming 50% compressor run time.
F = default defrost energy consumption factor, equal to 0.20.
For variable defrost models with no values for CTLi and 
CTMi in the algorithm, the default values of 6 and 96 
shall be used, respectively.
D is the total number of distinct defrost cycle types.

    (4) Representations. GE may make representations about the energy 
use of its above specified 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) This waiver applies only to those basic models set out in GE's 
February 15, 2013 petition for waiver. Grant of this waiver does not 
release a petitioner from the certification requirements set forth at 
10 CFR part 429.

    Issued in Washington, DC, on June 21, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-15421 Filed 6-26-13; 8:45 am]
BILLING CODE 6450-01-P
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