25724 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 

Technological and Engineering Literacy 

(TEL) pilot test at 8th grade, in 

preparation from the 2014 operational 

TEL assessment. The review of data 

from the pilot test must be conducted in 

closed session because the ADC 

members will be provided with secure 

items and materials which are not yet 

available for release to the general 

public. Premature disclosure of the 

secure test items and materials would 

compromise the integrity and 

substantially impede implementation of 

the secure NAEP assessments and is 

therefore protected by exemption 9(B) of 

section 552b(c) of Title 5 of the United 

States Code. Thereafter, the ADC 

Committee will meet in open session 

from 11:00 a.m. to 12:30 p.m. 

Following the open session, the Board 

will meet in a closed session from 12:45 

p.m. to 1:45 p.m. to receive a briefing on 

the NAEP 2012 Long-Term Trend 

Report. The Board will receive an 

embargoed briefing on preliminary 

results which will include secure test 

items, embargoed assessment data, and 

results that cannot be discussed in an 

open meeting prior to their official 

release. Premature disclosure of these 

results would significantly impede 

implementation of the NAEP assessment 

program, and is therefore protected by 

exemption 9(B) of section 552b(c) of 

Title 5 United States Code. 

After the closed session briefing, the 

Board will meet in open session from 

2:00 p.m. to 5:15 p.m. From 2:00 p.m.– 

3:00 p.m. the Board will receive a 

briefing on English Language 

Proficiency Testing. From 3:00 p.m. to 

4:00 p.m., the Board will have policy 

discussions on the Draft Policy 

Statement on the Conduct and 

Reporting of NAEP and on Interpreting 

NAEP Proficient Using Preparedness 

Research Findings. From 4:15 p.m. to 

5:15 p.m., the Board will discuss 

proposals on Making a Difference. The 

May 17, 2013 Board meeting is 

scheduled to adjourn at 5:15 p.m. 

On May 18, 2013, the Nominations 

Committee will meet in closed session 

from 7:30 a.m. to 8:15 a.m. to discuss 

the status of potential candidates for 

Board terms beginning October 1, 2013, 

followed by discussions on the 2014 

nominations cycle. The Committee’s 

discussions on Board nominations 

pertain solely to internal personnel 

rules and practices of an agency and 

information of a personal nature where 

disclosure would constitute an 

unwarranted invasion of personal 

privacy. As such, the discussions are 

protected by exemptions 2 and 6 of 

section 552b(c) of Title 5 of the United 

States Code. 

On May 18, 2013, from 8:30 a.m. to 

9:30 a.m. the full Board will have an 

open discussion on matters of interest to 

the Board. Following these discussions, 

from 9:45 a.m. to 11:00 a.m., the Board 

will receive reports from the standing 

Committees and take action on 

Committee recommendations. The May 

18, 2013 meeting is scheduled to 

adjourn at 11:00 a.m. 

A verbatim transcript of the meeting, 

including summaries of the activities of 

the closed sessions and related matters 

that are informative to the public and 

consistent with the policy of section 5 

U.S.C. 552b(c) will be available to the 

public within 14 days of the meeting. 

Records are kept of all Board 

proceedings and are available for public 

inspection at the U.S. Department of 

Education, National Assessment 

Governing Board, Suite #825, 800 North 

Capitol Street NW., Washington, DC, 

from 9:00 a.m. to 5:00 p.m. Eastern 

Time, Monday through Friday. 

Electronic Access to This Document: 

You may view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister/index.html. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free at 1–866– 

512–1800; or in the Washington, DC, 

area at (202) 512–0000. Note: The 

official version of this document is the 

document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available on GPO Access at: 

www.gpoaccess.gov/nara/index.html. 

Dated: April 29, 2013. 

Mary Crovo, 

Deputy Executive Director, National 

Assessment Governing Board (NAGB), U.S. 

Department of Education. 

[FR Doc. 2013–10411 Filed 5–1–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–029] 

Petition for Waiver of GE Appliances 

From the Department of Energy 

Residential Refrigerator and 

Refrigerator-Freezer Test Procedure 

and Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for Waiver, 

Notice of Granting Application for 

Interim Waiver, and Request for Public 

Comments. 

SUMMARY: This notice announces receipt 

of a petition for waiver from GE 

Appliances (GE) seeking an exemption 

from specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of electric refrigerators 

and refrigerator-freezers. GE asks that it 

be permitted to use an alternate test 

procedure to address the difficulties in 

testing shared dual compressor systems 

according to the currently applicable 

DOE test procedure. DOE solicits 

comments, data, and information 

concerning GE’s petition and the 

suggested alternate test procedure. 

Today’s notice also grants GE with an 

interim waiver from the electric 

refrigerator-freezer test procedure, 

subject to use of the alternative test 

procedure set forth in this notice. The 

waiver request pertains to the basic 

models set forth in GE’s petition that 

incorporate shared dual compressor 

systems. 

DATES: DOE will accept comments, data, 

and information with respect to the GE 

Petition until June 3, 2013. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–029,’’ by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: AS_Waiver_Requests@

ee.doe.gov. Include the case number 

[Case No. RF–029] 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 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 25725 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

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., Washington, DC, 20024; 

(202) 586–2945, between 9:00 a.m. and 

4:00 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 

application for interim waiver; and (4) 

prior DOE rulemakings regarding 

similar refrigerator-freezers. Please call 

Ms. Brenda Edwards at the above 

telephone number for additional 

information. 

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. 

Ms. Elizabeth 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. Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975, as 

amended (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 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 

that measure the energy efficiency, 

energy use, or estimated annual 

operating costs of a covered product, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) The test 

procedure for electric refrigerators and 

electric refrigerator-freezers is contained 

in 10 CFR part 430, subpart B, appendix 

A1. 

The regulations set forth in 10 CFR 

part 430.27 contain provisions that 

enable a person to seek a waiver from 

the test procedure requirements for 

covered products. The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (the Assistant 

Secretary) will grant a waiver if it is 

determined that the basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevents testing of 

the basic model according to the 

prescribed test procedures, or if the 

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(l). 

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. The 

Assistant Secretary may grant the 

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). 

The waiver process also allows the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. 10 CFR 

430.27(g). An interim waiver remains in 

effect for 180 days or until DOE issues 

its determination on the petition for 

waiver, whichever occurs earlier. DOE 

may extend an interim waiver for an 

additional 180 days. 10 CFR 430.27(h). 

II. Petition for Waiver of Test Procedure 

On February 28, 2013, GE submitted 

a petition for waiver from the test 

procedure applicable to residential 

electric refrigerators and refrigeratorfreezers set forth in 10 CFR part 430, 

subpart B, appendix A1. GE is seeking 

a waiver because it is developing new 

refrigerator-freezers that incorporate a 

dual-compressor design that is not 

contemplated under DOE’s test 

procedure. In its petition, GE seeks a 

waiver from the existing DOE test 

procedure applicable to refrigerators 

and refrigerator-freezers under 10 CFR 

part 430 for the company’s shared dualcompressor system products. In its 

petition, GE has set forth an alternate 

test procedure and notes in support of 

its petition that DOE has already granted 

Sub-Zero a similar waiver pertaining to 

the use of shared dual compressorequipped refrigerators. See 76 FR 71335 

(November 17, 2011) (interim waiver) 

and 77 FR 5784 (February 6, 2012) 

(Decision and Order). DOE has also 

granted an interim waiver to LG. See 77 

FR 44603 (July 30, 2012). The reasons 

for which DOE granted Sub-Zero’s 

waiver request and LG’s interim waiver 

request apply as well to the GE basic 

models that are the subject of this 

waiver request: These models all use a 

shared compressor-based system with 

refrigerant-Flow controlled by a 3-way 

valve and do not have the independent, 

sealed systems that the DOE test 

procedure is designed to address. DOE 

has reviewed the alternate procedure 

and believes that it will allow for the 

accurate measurement of the energy use 

of these products, while alleviating the 

testing problems associated with GE’s 

implementation of a dual compressor 

system. 

GE also requests an interim waiver 

from the existing DOE test procedure. 

An interim waiver may be granted if it 

is determined that the applicant will 

experience economic hardship if the 

application for 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 of the petition 

for waiver. See 10 CFR 430.27(g). 

For the reasons discussed above, DOE 

has determined that use of the currently 

required DOE test procedure would 

provide test results so unrepresentative 

as to provide materially inaccurate 

comparative data. Therefore, it appears 

likely that GE’s petition for waiver will 

be granted. For these same reasons, DOE 

has also determined that it is desirable 

for public policy reasons to grant GE 

immediate relief pending a 

determination of the petition for waiver. 

DOE grants GE’s application for interim 

waiver from testing of its refrigeratorfreezer product line containing dual 

compressors. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by GE is hereby granted for GE’s 

refrigerator-freezer product lines that 

incorporate dual compressors subject to 

the following specifications and 

conditions below. GE shall be required 

to test and rate its refrigerator-freezer 

product line containing dual 

compressors according to the alternate 

test procedure as set forth in section III, 

‘‘Alternate test procedure.’’ 

The interim waiver applies to the 

following basic models: 

ZIC30GNDII 

ZIK30GNDII 

DOE makes decisions on waivers and 

interim waivers for only those models 


sroberts on DSK5SPTVN1PROD with NOTICES
25726 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. GE may submit a new 

or amended petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional models of 

refrigerator-freezers for which it seeks a 

waiver from the DOE test procedure. In 

addition, DOE notes that granting of an 

interim waiver or waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Further, this interim waiver is 

conditioned upon the presumed validity 

of statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify this interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver is 

incorrect, or upon a determination that 

the results from the alternate test 

procedure are unrepresentative of the 

basic models’ true energy consumption 

characteristics. 

III. Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures to make 

representations about the energy 

consumption and energy consumption 

costs of products covered by the statute. 

(42 U.S.C. 6293(c)) Consistent 

representations are important for 

manufacturers to use in making 

representations about the energy 

efficiency of their products and to 

demonstrate compliance with 

applicable DOE energy conservation 

standards. Pursuant to its regulations 

applicable to waivers and interim 

waivers from applicable test procedures 

at 10 CFR 430.27, DOE will consider 

setting an alternate test procedure for 

GE in a subsequent Decision and Order. 

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 the 

following steps: 

5.2.1.4 Dual Compressor Systems 

with Dual Automatic Defrost. The twopart test method in section 4.2.1 must be 

used, and the energy consumption in 

kilowatt-hours per day shall be 

calculated equivalent to: 

Where: 

—ET is the test cycle energy (kWh/day); 

—1440 = number of minutes in a day 

—EP1 is the dual compressor energy 

expended during the first part of the test 

(it is calculated for a whole number of 

freezer compressor cycles at least 24 

hours in duration and may be the 

summation of several running periods 

that do not include any precool, defrost, 

or recovery periods); 

—T1 is the length of time for EPI (minutes); 

—D is the total number of compartments 

with distinct defrost systems; 

—i is the variable that can equal to 1,2 or 

more that identifies the compartment 

with distinct defrost system; 

—EP2i is the total energy consumed during 

the second (defrost) part of the test being 

conducted for compartment i. (kWh); 

—T2i is the length of time (minutes) for the 

second (defrost) part of the test being 

conducted for compartment i. 

—12 = conversion factor to adjust for a 50% 

run-time of the compressor in hours/day 

—CTi is the compressor on time between 

defrosts for only compartment i. CTi for 

compartment i with long time automatic 

defrost system is calculated as per 10 

CFR Part 430, Subpart B, Appendix A1 

clause 5.2.1.2. CTi for compartment I 

with variable defrost system is calculated 

as per 10 CFR part 430 subpart B, 

Appendix A1 clause 5.2.1.3. (hours 

rounded to the nearest tenth of an hour). 

Stabilization: 

The test shall start after a minimum 

24 hours stabilization run for each 

temperature control setting. Steady State 

for EP1: The temperature average for the 

first and last compressor cycle of the 

test period must be within 1.0 [degrees 

1 F (0.6 [degrees 1 C) of the test period 

temperature average for each 

compartment. Make this determination 

for the fresh food compartment for the 

fresh food compressor cycles closest to 

the start and end of the test period. If 

multiple segments are used for test 

period 1, each segment must comply 

with above requirement. 

Steady State for EP2i: 

The second (defrost) part of the test 

must be preceded and followed by 

regular compressor cycles. The 

temperature average for the first and last 

compressor cycle of the test period must 

be within 1.0 [degrees 1 F (0.6 [degrees 

1 C) of the EPI test period temperature 

average for each compartment. 

Test Period for EP2i, T2i: 

EP2i includes precool, defrost, and 

recovery time for compartment i, as well 

as sufficient dual compressor steady 

state run cycles to allow T2i to be at 

least 24 hours. The test period shall start 

at the end of a regular freezer 

compressor on-cycle after the previous 

defrost occurrence (refrigerator or 

freezer). The test period also includes 

the target defrost and following regular 

freezer compressor cycles, ending at the 

end of a regular freezer compressor oncycle before the next defrost occurrence 

(refrigerator or freezer). If the previous 

condition does not meet 24 hours time, 

additional EP1 steady state segment data 

could be included. Steady state run 

cycle data can be utilized in EP1 and 

EP2i. 

Test Measurement Frequency: 

Measurements shall be taken at 

regular interval not exceeding 1 minute. 

* * * * * 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE grants 

GE an interim waiver from the specified 

portions of the test procedure applicable 

to GE’s line of refrigerator-freezers with 

shared dual compressors and announces 

receipt of GE’s petition for waiver from 

those same portions of the test 

procedure. DOE publishes GE’s petition 

for waiver pursuant to 10 CFR 

430.27(b)(1)(iv). The petition includes a 

suggested alternate test procedure to 

determine the energy consumption of 

GE’s specified refrigerator-freezers with 

shared dual compressors. GE is required 

to follow this alternate procedure as a 

condition of its interim waiver, and 

DOE is considering including this 

alternate procedure in its subsequent 

Decision and Order. 

DOE solicits 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. The contact information for 

the petitioner is: Earl F. Jones, Senior 

Counsel, GE Appliances, Appliance 

Park 2–225, Louisville, KY 40225. 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 


sroberts on DSK5SPTVN1PROD with NOTICESEN02MY13.009</GPH>
Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 25727 

2Sub-Zero, 77 FR 5784, Feb. 6, 2012. 3LG, 77 FR 44603, July 30, 2012. 

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). 

Issued in Washington, DC, on April 26, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

U.S. Department of Energy 

Application for Interim Waiver and 

Petition for Waiver, 10CFR430, Subpart 

B, Appendix A1—Uniform Test Method 

for Measuring the Energy Consumption 

of Refrigerator-freezers 

Case No. 

Non-Confidential Version. 

February 28, 2013. 

Submitted by: 

Earl F. Jones, Senior Counsel, GE 

Appliances, Appliance Park 2–225, 

Louisville, KY 40225, 

earl.jones@ge.com, 502–452–3164 

(voice), 502–452–0395 (fax). 

U.S. Department of Energy Application for 

Interim Waiver and Petition for Waiver, 

10CFR430, Subpart B, Appendix A1— 

Uniform Test Method for Measuring 

Refrigerator-Freezers 

I. Introduction 

GE Appliances, an operating division of 

General Electric Co., (‘‘GE’’) is a leading 

manufacturer and marketer of household 

appliances, including, as relevant to this 

proceeding, refrigerators, files this Petition 

for Waiver and Application for Interim 

Waiver (collectively, ‘‘Petition’’). GE requests 

that the 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 and allow GE to test its new 

refrigerator-freezer model pursuant to the 

modified procedure submitted herewith. This 

request is filed pursuant to 10 CFR 430.27. 

The Department’s regulations provide that 

the Assistant Secretary will grant a Petition 

upon ‘‘determin[ation] that the basic model 

for which the waiver was requested contains 

a design characteristic which either prevents 

testing of the basic model according to the 

prescribed test procedures, or the 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(l). GE requests that the 

Assistant Secretary grant this Petition on 

both grounds. 

First, the refrigerator energy test procedure 

set forth in 10 CFR part 430, subpart B, 

Appendix A1 does not allow the energy used 

by GE’s new refrigerator to be accurately 

calculated. The new refrigerator contains two 

compressors, each of which contributes to 

the cooling of the separate fresh-food and 

freezer compartments. Since the test 

procedure assumes that refrigerators have 

only one compressor it does not provide a 

method for calculating energy consumption 

of dual-compressor systems. Thus, GE’s new 

model cannot be tested per the procedure. 

Second, if GE were to test its new dualcompressor refrigerator per the test procedure 

the results of the energy test so conducted 

would not accurately measure the energy 

used by the new model. 

II. Background 

GE has designed and has plans to market 

a new refrigerator. In order to be assured that 

it is correctly calculating the energy 

consumption of the product, that the product 

meets the minimum energy requirements for 

its product class and is properly labeled, GE 

seeks the Department’s expeditious 

concurrence to its proposed amendment to 

the refrigerator test procedure to provide for 

testing of dual compressor models. 

DOE granted Sub-Zero’s waiver petition 2

for refrigerators equipped with dual 

compressors acknowledging that the existing 

test procedure cannot properly measure the 

energy usage of refrigerators with dual 

systems. Thereafter, the Department granted 

LG Electronics USA, Inc.’s interim waiver 

application for its dual-compressor product.3

III. GE’s Proposed Test Procedure 

In light of the above and since GE proposes 

to test its product in accordance with the test 

procedure that DOE has already approved for 

use by Sub-Zero and LG, the Department 

should grant GE’s Petition and permit it to 

use the Sub-Zero-approved test procedure, 

which is set forth in Attachment 1 hereto. 

The reasons DOE granted Sub-Zero’s 

waiver request apply as well to GE’s product: 

GE’s refrigerator also has a shared 

compressor system with refrigerant-flow 

controlled by a 3-way valve. It does not have 

the independent, sealed systems assumed by 

the DOE test procedure. As a result, it cannot 

be tested using the DOE test procedure. 

Moreover, using the test procedure would 

yield test results so unrepresentative as to 

provide materially inaccurate comparative 

data. 

The waiver should continue in effect until 

DOE amends the test procedure to 

accommodate such products. GE also 

requests that the Department grant an interim 

waiver to test and rate the models listed on 

Attachment 2. We would be pleased to 

discuss this request with DOE and provide 

further information as needed. 

GE requests expedited treatment of the 

Petition and Application. 

I hereby certify that all manufacturers of 

domestically marketed units of the same 

product type have been notified of this 

Petition and Application, list of which is 

found in Attachment 3, hereto. 

Respectfully submitted, 

Earl F. Jones, 

Senior Counsel and Authorized 

Representative of GE Appliances. 

Attachment 1 

Where: 

—ET is the test cycle energy (kWh/day); 

—1440 = number of minutes in a day 

—EP1 is the dual compressor energy 

expended during the first part of the test 

(it is calculated for a whole number of 

freezer compressor cycles at least 24 

hours in duration and may be the 

summation of several running periods 

that do not include any precool, defrost, 

or recovery periods); 

—T1 is the length of time for EPI (minutes); 

—D is the total number of compartments 

with distinct defrost systems; 

—i is the variable that can equal to 1,2 or 

more that identifies the compartment 

with distinct defrost system; 

—EP2i is the total energy consumed during 

the second (defrost) part of the test being 

conducted for compartment i. (kWh); 

—T2i is the length of time (minutes) for the 

second (defrost) part of the test being 

conducted for compartment i. 

—12 = conversion factor to adjust for a 50% 

run-time of the compressor in hours/day 

—CTi is the compressor on time between 

defrosts for only compartment i. CTi for 

compartment i with long time automatic 

defrost system is calculated as per 10 

CFR Part 430, Subpart B, Appendix A1 

clause 5.2.1.2. CTi for compartment I 

with variable defrost system is calculated 

as per 10 CFR part 430 subpart B, 

Appendix A1 clause 5.2.1.3. (hours 

rounded to the nearest tenth of an hour). 

Stabilization: 

The test shall start after a minimum 24 

hours stabilization run for each temperature 

control setting. Steady State for EP1: The 

temperature average for the first and last 

compressor cycle of the test period must be 

within 1.0 [degrees 1 F (0.6 [degrees 1 C) of 

the test period temperature average for each 

compartment. Make this determination for 

the fresh food compartment for the fresh food 

compressor cycles closest to the start and end 

of the test period. If multiple segments are 


sroberts on DSK5SPTVN1PROD with NOTICESEN02MY13.010</GPH>
25728 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

used for test period 1, each segment must 

comply with above requirement. 

Steady State for EP2i: 

The second (defrost) part of the test must 

be preceded and followed by regular 

compressor cycles. The temperature average 

for the first and last compressor cycle of the 

test period must be within 1.0 [degrees 1 F 

(0.6 [degrees 1 C) of the EPI test period 

temperature average for each compartment. 

Test Period for EP2i, T2i: 

EP2i includes precool, defrost, and 

recovery time for compartment i, as well as 

sufficient dual compressor steady state run 

cycles to allow T2i to be at least 24 hours. 

The test period shall start at the end of a 

regular freezer compressor on-cycle after the 

previous defrost occurrence (refrigerator or 

freezer). The test period also includes the 

target defrost and following regular freezer 

compressor cycles, ending at the end of a 

regular freezer compressor on-cycle before 

the next defrost occurrence (refrigerator or 

freezer). If the previous condition does not 

meet 24 hours time, additional EP1 steady 

state segment data could be included. Steady 

state run cycle data can be utilized in EP1 

and EP2i. 

Test Measurement Frequency 

Measurements shall be taken at regular 

interval not exceeding 1 minute. 

* * * * * 

Attachment 2 

ZIC30GNDII 

ZIK30GNDII 

[FR Doc. 2013–10395 Filed 5–1–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–028] 

Notice of Petition for Waiver of GE 

Appliances From the Department of 

Energy Residential Refrigerator and 

Refrigerator-Freezer Test Procedure, 

and Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

notice of grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of a petition for waiver and application 

for interim waiver (hereafter, ‘‘petition’’) 

from GE Appliances (GE) regarding 

specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of residential electric 

refrigerators and refrigerator-freezers. In 

its petition, GE provides an alternate 

test procedure. DOE solicits comments, 

data, and information concerning GE’s 

petition and the suggested alternate test 

procedure. Today’s notice also grants 

GE an interim waiver from the 

residential electric refrigerator and 

refrigerator-freezer test procedure, 

subject to use of the alternative test 

procedure set forth in this notice. 

DATES: DOE will accept comments, data, 

and information with respect to the GE 

Petition until June 3, 2013. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–028,’’ by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include the case number [Case No. RF– 

028] 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. 

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., Washington, DC 20024; (202) 

586–2945, between 9:00 a.m. and 4:00 

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 

application for interim waiver; and (4) 

prior DOE waivers and rulemakings 

regarding similar refrigerator-freezer 

products. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information. 

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. 

Ms. Elizabeth 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. Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

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 electric 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 the energy efficiency, 

energy use, or estimated annual 

operating costs of a covered product, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) The test 

procedure for electric refrigerators and 

refrigerator-freezers is contained in 10 

CFR part 430, subpart B, appendix A1. 

The regulations set forth in 10 CFR 

part 430.27 contain provisions that 

enable a person to seek a waiver from 

the test procedure requirements for 

covered products. The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (the Assistant 

Secretary) will grant a waiver if it is 

determined that the basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevents testing of 

the basic model according to the 

prescribed test procedures, or if the 

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(l). A 

petitioner must include in its petition 

any alternate test procedures known to 

the petitioner to evaluate the basic 

model in a manner representative of its 

energy consumption. The Assistant 

Secretary may grant the 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). 

The waiver process also allows the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. 10 CFR 

430.27(g). An interim waiver remains in 

effect for 180 days or until DOE issues 


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