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[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19654-19657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7812]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-022]

Notice of Petition for Waiver of Sanyo E&E Corporation from the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy, DoE.

ACTION: Notice of petition for waiver and request for comments.

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SUMMARY: This notice announces receipt of and publishes the Sanyo E&E 
Corporation (Sanyo) petition for waiver (hereafter, ``petition'') from 
specified portions of the U.S. Department of Energy (DOE) test 
procedure for determining the energy consumption of electric 
refrigerators and refrigerator-freezers. The waiver request pertains to 
the hybrid wine chiller/beverage center basic models set forth in 
Sanyo's petition. In its petition, Sanyo provides an alternate test 
procedure to test the wine chiller compartment at 55[emsp14][deg]F 
instead of the prescribed temperature of 38[emsp14][deg]F. DOE solicits 
comments, data, and information concerning Sanyo's petition and the 
suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the Sanyo Petition until May 2, 2012.

ADDRESSES: You may submit comments, identified by case number ``RF-
022,'' 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-022] 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 a.m. and 4 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 
(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 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 electric 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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    The regulations set forth in 10 CFR 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).

II. Petition for Waiver of Test Procedure

    On June 2, 2011, Sanyo submitted a 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. Sanyo is requesting a waiver with respect to the test procedures 
for its hybrid models that consist of single-cabinet units with

[[Page 19655]]

a refrigerated beverage compartment in the top portion and a wine 
storage compartment in the bottom of the units. DOE issued guidance 
that clarified the test procedures to be used for hybrid products such 
as the Sanyo models at issue here: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf This guidance specifies that basic models such as 
the ones Sanyo identifies in its petition, which do not have a separate 
wine storage compartment with a separate exterior door, are to be 
tested according to the DOE test procedure in Appendix A1, with the 
temperatures specified therein. Sanyo asserts that the wine storage 
compartment cannot be tested at the prescribed temperature of 38[deg]F, 
because the minimum compartment temperature is 45[deg]F. Sanyo 
submitted an alternate test procedure to account for the energy 
consumption of its wine chiller/beverage centers. That alternate 
procedure would test the wine chiller compartment at 55[deg]F, instead 
of the prescribed 38[deg]F. The following basic models are included in 
Sanyo's petition:

    JUB248LB, JUB248RB, JUB248LW, JUB248RW, KBCO24LS, KBCS24LS, 
KBCO24RS, KBCS24RS, and MBCM24FW.

    DOE makes decisions on waivers for only those models specifically 
set out in the petition, not future models that may be manufactured by 
the petitioner. Sanyo may submit a subsequent petition for waiver for 
additional models of electric refrigerators and refrigerator-freezers 
for which it seeks a waiver from the DOE test procedure. In addition, 
DOE notes that the grant of a waiver does not release a petitioner from 
the certification requirements set forth at 10 CFR part 429.
    We also note that the energy consumption of the basic models 
detailed in Sanyo's petition suggests that these products, when tested 
in accordance with the alternate test procedure Sanyo is requesting to 
use, would appear to use an amount of energy that exceeds the energy 
conservation standards for the likely product classes that would apply. 
While this is a separate issue from the merits presented by this 
petition, DOE notes that should this in fact be the case, Sanyo would 
also need to seek exception relief from the applicable standards 
through the Office of Hearings and Appeals prior to making these 
products available for sale. The process for seeking such relief, which 
is authorized under 42 U.S.C. 7194, is detailed at 10 CFR 1003.20-
1003.27.

III. Summary and Request for Comments

    Through today's notice, DOE announces receipt of Sanyo's petition 
for waiver from certain parts of the test procedure that applies to 
residential refrigerators and refrigerator -freezers. DOE is publishing 
Sanyo's petition for waiver in its entirety pursuant to 10 CFR 
430.27(b)(1)(iv). The petition contains no confidential information. 
The petition includes a suggested alternate test procedure to determine 
the energy consumption of Sanyo's specified hybrid refrigerators.
    DOE solicits comments from interested parties on all aspects of the 
petition. 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: Adam D. Bowser, ARENT FOX LLP, 1050 Connecticut 
Avenue NW, Washington, DC 20036-5369, (202) 857-6450. 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 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).
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies to DOE: one copy of the document 
including all the information believed to be confidential, and one copy 
of the document with the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC, on March 27, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Before The

U.S. Department of Energy

Washington, DC 20585

    In the Matter of: SANYO E&E Corp., Petitioner.

Case Number: ------------------

Petition for Waiver

    SANYO E&E Corporation (``SANYO E&E'') respectfully submits this 
Petition for Waiver (``Petition'') pursuant to 10 C.F.R. Sec.  430.27 
on the ground that its hybrid wine chiller/beverage center models 
(``hybrid model(s)'') listed below contain one or more design 
characteristics that prevent testing of the basic models according to 
the test procedures prescribed in 10 C.F.R. Sec.  430, subpart B, 
appendix A1. Sanyo therefore requests that it be permitted to employ 
the alternative testing method detailed below, as it is currently 
impossible to test these hybrid models under the existing test 
procedures.
1. Description of Applicant
    SANYO E&E is part of an international organization with many 
subsidiaries and affiliates, including in the United States. Further 
information can be found at http://www.sanyo.com. SANYO E&E's core 
traditional business has been the production of compact and mid-size 
refrigerators, freezers, wine storage appliances and other consumer and 
commercial refrigeration products. SANYO E&E, which is headquartered in 
San Diego, California, has been designing and selling these consumer 
and commercial refrigeration products since 1979. Further, SANYO E&E 
produces products sold not only under the SANYO brand name, but also 
under multiple other brand names and which are sold in the United 
States by SANYO E&E's customers.
2. Background and General Information
    SANYO E&E is requesting a waiver with respect to the test 
procedures for its hybrid models that consist of a combination of a 
refrigerated ``beverage'' compartment in the top portion of these 
single-cabinet units and a wine storage compartment on the bottom of 
the units, and for which an alternative testing procedure is necessary 
in order to certify, rate, and sell such models. These hybrid models 
include the following basic models: JUB248LB, JUB248RB, JUB248LW, 
JUB248RW, KBCO24LS, KBCS24LS, KBCO24RS, KBCS24RS, and MBCM24FW.
    SANYO E&E understands that DOE does not wish to prevent 
manufacturers from marketing new, innovative products that will enhance 
consumers' well being and satisfaction. The market for wine storage 
products and related hybrid models has seen robust growth over the last 
few years and is expected to continue expanding for the foreseeable 
future. Therefore, there is a significant demand and need for these 
hybrid models. As discussed below, however, because of their unique 
design characteristics and temperature specifications, there is no way 
to certify, rate, and sell these hybrid models under

[[Page 19656]]

the existing testing procedures, and a waiver is thus necessary.
    DOE has now clarified that it considers such hybrid models as 
covered products. Currently, however, there are no DOE testing 
procedures specifically tailored to hybrid models. Accordingly, the 
current testing requirements would not measure energy usage in a manner 
that truly represents the energy-consumption characteristics of these 
unique products, and, in fact, as described below, it would be 
impossible to test these models under the existing testing procedures. 
As DOE has previously stated, ``[f]ully recognizing that product 
development occurs faster than the test procedure rulemaking process, 
the Department's rules permit manufacturers of models not contemplated 
by the test procedures * * * to petition for a test procedure waiver in 
order to certify, rate, and sell such models.'' GC Enforcement Guidance 
on the Application of Waivers and on the Waiver Process at 2 (rel. Dec. 
23, 2010); \1\ see also DOE FAQ Guidance Regarding Coverage of Wine 
Chillers, Etc. in the R/F Standard/Test Procedure at 2 (rel. Feb. 10, 
2011) (``DOE recognizes the potential disparity in treatment among 
these hybrid products. As DOE indicated * * *, the Department plans to 
engage in a future rulemaking to more comprehensively address these 
types of products.'').
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    \1\ Available at http://www.gc.energy.gov/documents/LargeCapacityRCW_guidance_122210.pdf.
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    Accordingly, SANYO E&E respectfully requests a waiver from the test 
procedures prescribed in 10 C.F.R. Sec.  430, subpart B, appendix A1 
until such time as DOE issues test procedures tailored to the unique 
product characteristics of these hybrid models, as discussed below.
3. Product Characteristics of SANYO E&E Hybrid Models
    As noted above, SANYO E&E's hybrid models consist of a combination 
of a refrigerated ``beverage'' compartment in the top portion of these 
single-cabinet units and a wine storage compartment on the bottom of 
the units. Wine connoisseurs recommend an average of 55-57 [deg]F for 
the long term storage of any kind of wine, and SANYO E&E has designed 
the wine storage compartments of its hybrid models with this ideal 
average temperature in mind. But because various types of wines have 
different ideal drinking temperatures (e.g., some red wines are best 
served in the mid-sixties, while some white wines are ideally served in 
the mid-forties), SANYO E&E has designed the wine storage compartments 
of its hybrid models to operate between a minimum temperature of 45 
[deg]F and a maximum temperature of 64 [deg]F. In fact, heaters are 
used to ensure that the temperature in the wine storage compartment 
never drops below 45 [deg]F, as wines chilled below this temperature 
risk becoming crystallized and, therefore, ruined. Currently, however, 
DOE's testing procedures contained in 10 C.F.R. Sec.  430, subpart B, 
appendix A1, mandate that energy consumption be measured when the 
compartment temperature is set at 38 [deg]F. Based on the design 
characteristics of its hybrid models noted above, however, SANYO E&E 
would need a waiver in order to properly ``certify, rate, and sell such 
models,'' because the existing test procedures contained in 10 C.F.R. 
Sec.  430, subpart B, appendix A1, do not contemplate a product that is 
designed to be incapable of achieving a temperature below 45 [deg]F. In 
short, testing SANYO E&E's hybrid models at 38 [deg]F is simply not 
possible and not representative of the energy consumption 
characteristics of these models.
    Further, the hybrid models will typically have a door-opening usage 
aligned with household freezers, thus 0.85 is the employed K factor 
(correction factor). See Appendix B1 to Subpart 430, 5.2.1.1, because 
Subpart 430 does not recognize wine chiller as a category. Thus, the K 
factor from CAN/CSA 300-08 6.3.1.2 and HRF-1-2007 8.7.2.1.1 is used.
    SANYO E&E's hybrid models listed above currently cannot be tested 
under the existing regulations, without a waiver as sought herein. To 
evaluate the models in a manner truly representative of their actual 
energy consumption characteristics, the standard temperature of single 
wine coolers (55 [deg]F) for the wine storage compartment and the 
standard temperature (38 [deg]F) for the refrigerated beverage 
compartment should be used. Therefore, the energy consumption is 
defined by the higher of the two values calculated by the following two 
formulas (according to 10 C.F.R. Sec.  430, subpart B, Appendix A1):
    Energy consumption of the wine compartment:

EWine = ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)] *0.85

Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment = ET1 + [(ET2-ET1) x (38 [deg]F-TBC1)/(TBC2-
TBC1)].
    The total adjusted volume of basic model MBCM24FW is 5.75 cubic 
feet. Using the standard temperature of 55 [deg]F for the wine 
compartment the annual energy use of the model is 436 kWh/year. 
According to current DOE standards, this model is classified as a 
compact refrigerator with automatic defrost without through-the-door 
ice service.
    The total adjusted volume of basic models JUB248LB, JUB248RB, 
JUB248LW, JUB248RW, KBCO24LS, KBCS24LS, KBCO24RS, KBCS24RS is 5.41 
cubic feet. Using the standard temperature of 55 [deg]F for the wine 
compartment the annual energy use of the model is thus 431 kWh/year. 
According to current DOE standards, these models are also classified as 
compact refrigerators with automatic defrost without through-the-door 
ice service.
4. Manufacturers of Other Basic Models Marketed in the United States 
Known to Incorporate Similar Design Characteristics
    After reviewing publicly available product manuals of comparable 
hybrid models, SANYOE E&E was unable to locate a basic model marketed 
in the United States that incorporates similar design characteristics 
and that also would be considered a ``covered product'' under Section 
430.62 of DOE's rules.\2\
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    \2\ SANYO E&E cannot guarantee that its search disclosed every 
possible competing model, as SANYO E&E ordinarily does not search 
for and retain this information in the normal course of business, 
but to the best of SANYO E&E's knowledge, certain GE hybrid models 
appear to be the closest substitutes to SANYO E&E's hybrid models in 
terms of both functionality and design characteristics. However, GE 
represents in its product manuals that its hybrid models, 
specifically, ZDBC240, ZDBT240, ZDBR240, and ZDBI240, do not achieve 
temperatures below 40 [deg]F and thus would not be considered a 
covered product under DOE regulations. SANYO E&E is uncertain if GE 
means that the average temperature of the entire cabinet does not 
drop below 40 [deg]F, which is the case with all SANYO E&E's hybrid 
models, or whether GE is representing that no portion of its single-
cabinet models can achieve temperatures below 40 [deg]F. Based on 
this uncertainty, SANYO E&E excluded GE from this section. SANYO 
E&E's research did not reveal any other basic models that, after 
review of the design characteristics, were comparable to SANYO E&E's 
hybrid models.
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    If DOE requires any additional information to properly consider 
this Petition for Waiver, please do not hesitate to contact the 
undersigned.

     Respectfully submitted,
Kenji Maru
President
SANYO E&E Corp.

Alan G. Fishel
Adam D. Bowser

Arent Fox LLP
1050 Connecticut Avenue NW
Washington, DC 20036-5369

[[Page 19657]]

(202) 857-6450
fishel.alan@arentfox.combowser.adam@arentfox.com

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Date

[FR Doc. 2012-7812 Filed 3-30-12; 8:45 am]
BILLING CODE 6450-01-P
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