## Monday September 26, 1988



# Part III


# Department of Energy

Office of 

## Conservation and Renewable Energy

10 CFR Part 430 Energy Conservation Program for Consumer Products; Notice of Proposed Rulemaking and Public Hearing Regarding Test Procedures for Refrigerators, Refrigerator-Freezers and Freezers

### 37416 Federal 

### Register / Vol. 53, 

### No. 186 

### /Monday, September 26. 1988 / 

### Proposed Rules

DEPARTMENT OF ENERGY

Office 

### 01 Conservation and Renewable Energy

10 CFR 

### Part 430
[Docket No. CA5-RM-So-118]



### Energy Conservation Program for Consumer Products; Notice of Proposed Rulemaklng and Public Hearing RegardingTest Procedures for Refrigerators, RefrlgeratorFreezers 

### and Freezers

AGENCV: 

### Office ofConservation and Renewable Energy, DOE.

ACTION: 

### Notice ofproposedrulemaking andpublic hearing.

SUMMARV: 

### The Department ofEnergy (DOE) herebyproposes to amend the
test procedures for refrigerators. refrigerator-freezers, andfreezers. Test procedures are one partofthe energy conservation program for consumer products establishedpursuant to the Energy Policy and Conservation Act, as amendedby the National Energy Conservation Policy Act (NECPA). the National Appliance Energy Conservation Act of 1987 (NAECA) (Pub. L.l00-12) and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988) (Pub. L. 100-357). Among otherprogram elements, the legislationrequires that standard methods oftesting be prescribed for covered products.

The purpose oftoday's notice is to prescribe test procedures for rating refrigerators. refrigerator-freezers and freezers with innovative features. such

as variable defrost controls (VDC). dual
compressor systems. and the qliick 

### freeze operation offreezers.

DATES:

### Written comments (seven copies) in response to this notice mllst be received November 25, 1988; requests to speak at the public hearing must be received by November 1: the public hearing will be held on November7. 1988, at9:30 a.m.
ADDRESSES: 

### Written comments and requests to speak at the public hearing, and copies ofstatements ofeach speaker are to be submitted to: U.S. Department ofEnergy. Officeof Conservation and Renewable Energy. Office of**H~arings** 

### andDockets, Refrigerator. Refrigerator-Freezer, and Freezer Test Procedures, Docket No. CAS-RlI.·f-SO-118.1ooo Independence Avenue. SW., Washington. DC 20585. (202) 586-9320.

The public hearing will be held at Room 1E-245. Forrestal Building. 1000 Independence Avenue. SW.• Washington, DC 20585. Please bring nine copies ofthe oral testimony to Hearing. Copies ofthe transcript ofthe public hearing, and the public comments received. may be obtained at the DOE Freedom ofInformation Reading Room, Room lE-190, 1000 Independence Avenue. SW., WashingtonDC 20585, (202) 586-5969.

FOR FURTHER INFORMATION CONTACT: 

### Douglass S. Abramson. U.S. Department

ofEnergy, Office ofConservation and Renewable Energy, ForrestalBuilding, Mail Station, CE-132,looo Independence Avenue, SW.•

.Washington, DC 20585. (202] 586-9127. Eugene Margolis, Esq., U.S. Department

ofEnergy, Office ofGeneral Counsel, Forrestal Building. Mail Station, GC12, 1000 Independence Avenue. SW.• Washington, DC 20585. (202) 586-9507. 

### U.S. Department ofF..nergy, Hearings

and Dockets, Forrestal Building, Mail Station CE-43.1. Room 68-025, 1000 Independence Avenue, SW., Washington, DC 20585. (202) 586-9320.

I. Supplementary Information:

a. Background



### The Energy Conservation Program for ConsumerProducts was established pursuant to Title III, PartBofthe Energy Policy and Conservation Act (EPCA) (Pub. L. 94-163). Subsequently, EPCA

was amended by the National Energy Conservation Policy Act (NECPA) (Pub. L. 95-619), the National Appliance Energy Conservation Act of 1987 (NAECA) (Pub. L.l00-12) 1 

### and the National Appliance Energy Conservation Amendments of1988 (NAECA-1988) (Pub. L. l00-357). Among otherprogram elements, section 323 of the Act requires that standardmethods oftesting be prescribedfor covered products, including refrigerators. refrigerator-freezers, and freezers.

The Department ofEnergy (DOE or the Department) proposed test procedures for refrigerators and refrigerator-freezers. and freezers by notice issued April 21. 1977. (42 FR 21576. April 27, 1977). A public hearing

on the proposed test procedures was held on June 14.1977. TheDepartment issued 

### fmal test procedures Ou 

### September 8. 1977. (42 FR 46140, September 14, 1977).

On July 14, 1980, DOE published a response to a petition for rulemaking submitted by the Association ofHome Appliance Manufacturers (AHAM). requesting that the burden oftest

I Pari l3 ofTitie III ofEPCA as amended by NECPA. NAECA and NAECA-l988 isreferred to in this notice as the "Act". 

### procedures for refrigerators. refrigeratorfreezers, andJreezersbe lessened.

The response included the comments ofthe National Bureau ofStandards (NBS), the AHAM recommendations. andDOE's proposed revised test procedures. (45 FR 47396, July 14, 1980). On October 14, 1981, DOE proposed an amended version ofthe revised test procedures (46 FR 50544) which defined steady-state conditions and requirements for the test chamber ambient air temperature gradient. The final rule establishing new test procedures for refrigerators, refrigeratorfreezers andfreezers, was published on August 10. 1982. (47 FR 34517). Editorial corrections to the final rule were

. published March 29. 1983. (48 FR 13013). The August 1982 final rule established a three-year transitionperiod, expiring on September9, 1985. for the new test procedures. Subsequently, DOEreceived

. four petitions for waivers concerning

electronic adaptive defrost controls (ADC). The first petition (Case No. RF001), receivedfrom W'nirlpool Corporation (Whirlpool) onNovember 14,1984. waspublished inthe Federal Register onJanuary 11. 1985. (50 FR 1628). Based onDOE's review of
comments.and data provided, DOE determined that the testprocedureshad

no provision for determining the interval between defrost cycles for ADCequippedrefrigerator-freezers which would be comparable to normal usage patterns. Based on DOE's review of Whirlpoors field data and comments from two othermanufacturers, DOE developed an alternative testmethod which wasincluded in the Decision and OrdergrantedWhirlpool on August 23, 1985. (50 FR 34186).

The second Petition for Waiver (Case No. RF-002) receivedfrom White Consolidated Industries (WCI) on October 23. 1985, was published in the Federal Register onDecember 16, 1985. (50 FR 51284). WCI also had developed

an electronic defrost control system (EDC) andrequested permission to use the test procedures grantedpreviously
to Whirlpool. Based onDOE's review of
comments and the Petition for Waiver. DOE developed an alternate test met."lod basedon the long-time automatic defrost testin Appendix Al ofSubpart }j 

### of10 CFR Part 430, which was included in 

### the Decision and OrdergrantedWCI. (51 FR 15679. April 26, 1986).

OnMarch 12, 1986, Whirlpool submitted Petitions for Waiver ofDOE
test procedure requirements for two new ADC-equipped refrigerator-freezers (Case Nos. RF-003 and RF-004). Both petitions were published in the Federal Register on May 21. 1986. (51 FR 18655).

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### No. 186 

## I Monday, September 26, 1988 

## I Proposed Rules 

### 37417

In each petition,-Whirlpool requested to

use the alternate testprocedure grantedin CaseNo. RF-OOl. Based upon DOE's review ofthe petitions and the
comments received. theDepartment granted eachpetition. allowing Whirlpool to use the same test procedure specifiedin the DOE's Decision and Orderin CaseNo. RJi-OOl. (51 FR 36591, October 14, 1986).

Following an analysis ofthe two defrost control systems and a review of pastcomments and data, DOE is proposing a testprocedure for variable defrost control (VDC) equipped refrigerator-freezers andfreezers based

on the long-time automatic defrost test in Appendices Al andB1 to SubpartB
to eliminate the need for the outstanding waivers.

DOE is also proposing to establish
test procedures for refrigerator-freezers with dual compressor systems and procedures for freezers with a rapid freezing feature.

II. Discussion:

This proposedrulemaking presents the various developments in the manufacture ofrefrigerators, refrigerator-freezers. andfreezers which have occurred since the August 10.1982, final rule.



### a. Variabie Defrost Control

Fourpetitions for waivers have-been grantedfor refrigerator-freezers equipped with a variable defrost control system. Three were given to the Whirlpool Corporation and one to White Consolidated Industries. Variable defrost control systems areidentified differently by eachmanufacturer, for example, as an adaptive defrost control system (ADC) byWhirlpool, and as an electronic defrost control (EDC) byWCI. DOE is proposing that the term

_ "variable defrost control" (VDC) include these two defrost systems as well as any future products whichhave electronic or mechanical devices which

can change the interval between defrosts byevaluating the operating characteristics and the compressor run time ofthe product, including demand defrost.

The defrost mechanism on a typical automatic defrost refrigerator-freezer is operated by a timer which counts compressor on-time. The defrost cycle begins after a set compressor on-time. typically 12 hours.The VDC system relies on various inputs, in addition to compressoron time to determine the time between defrost cycles. These inputs could be the number ofdoor openings for refrigerator orfreezer compartments, airflow rate across coils. defrost time for previous defrost, outside temperature. etc. Since each manufactureris likely to take a unique approach to these characteristics, DOE today is proposing a method oftesting that canbe usedby all manufacturers for rating those refrigerator-freezers and freezers with a variable defrost system.

Thepetitions for waivers identified three problem areas in the existing test procedure. The first is the inability of the current test procedure to determine the interval between defrost cycles for VDC equipment thatwouldbe comparable to normal usage patterns. Second is the low humidity conditions normally encountered within the test chamber and the lack ofrefrigerator and freezer compartment door openings. Third. the timeperiodbetween-defrost cycles wouldbecome excessively longer than thatwhich would be expected undernormalusage conditions. This lengthening ofthe period between defrost cycles increases the duration of the test such that the test is unduly burdensome to conduct. Information contained inWhirlpool's petitions for waiverfor its ADC device show that door opening frequency and duration

areheavilyweighted factors in determining the time between defrost periods.

DOE began its development ofa VDC
test procedure byreviewing the waivers issued and consulting NBS in evaluating data and alternate test procedures. NBS prepared comments analyzing the two methods used in the waivers and offered alternatives for the new test procedure. Concurrent with the NBS evaluation of VDC testprocedures, AHAM provided DOE a copy of "RecommendedTest Procedure for DeterminingTheEnergy Consumption for Adaptive Defrost Refrigerator-Freezers andFreezers." DOE evaluated the AHAM test procedure andisincluding itin today's proposal as an optional test procedure. As discussedbelow. DOE believes the AHAM proposed test procedure, a test procedure based on dooropenings, is a burdensome test method and therefore.
notjustified as a requirement for testing all VDC-equipped units.

The primary issue in the determination ofan appropriate VDC
testprocedure is the typical time between defrost cycles. In the review of the petitionsfor waiver, NBS concluded that the time betweendefrost cycles could be as much as three days (72 hours). This would credit VDe-equipped units with 80 to 90 percent ofthe maximum energy reduction possible. Further analysis ofthis issue has led to

an NBS study ofvariable defrost control and t.'1e impact ofcompressorrun time for rating refrigerator-freezers.:! The studypresents an analytical method of determining the variables in the rating procedure. DOE contactedWhirlpool Corporation in an effort to gather lest data for this proceeding. However. Whirlpool had no available data.other than thatprovided in CaseNo. RF-001. The Whirlpool data suggested that with limited door openings, ADC units could

run for six daysbefore defrosting.

The Department's analysis ofall available information has identified the ratio ofcompressor on-time (eT) to total on-time as typically 50 percent. This implies that an automatic defrost refrigerator-freezer equipped with a 12- hour timer on the compressor should perform one defrost cycle every 24 hours. or once a day. The compressor on-time for VDC models is only one factor used in the control algorithm 3 to determine the time between defrost cycles. Otherfactors evaluated in the algorithm include door openings. previous defrost duration, frost build-up, and consumer usage factors.

The value ofCT calculated using the NBS recommended approach candiffer from the value measured in the field due
to variations in consumer behavior.The manufacturer establishes the degree of importance assigned to the factors that determine defrost time. The duration between defrost cycles and the value of CT are affected byhow the

- manufacturer's algorithm views the

consumerusage pattern. Since the

consumerusage pattern is an uncontrollable variable. evenfor a standard size family, the only controllable element is the manufacturer's input to the algorithm. Therefore. DOE deternlined that the input values selectedby the manufacturer should have boundaries.

Since tlle compressor on-time (CT) between defrosts does notreachinfinity andis not zero for VDC-equipped models, the value CT isboundedby a minimum orleasttime (CTL) and a maximum time (CTM).4 These values

are specified by the manufacturer and included in the VDC algorithm. NBS evaluated the effect CThad on the per day energy consumption. As part ofthis evaluation, a frequency factor (F) was created to express the ratios between CT, CTL, and CTM' NBS determined that the value CThad significant effect

• "Energy Rating ofRefrigerators with Variable Defrost Controls" Bal Mchajan PH.D., PL, Nation,,1 Bureau ofStandards.May7.1967.

3 Algorithm-A mathematical rule orprocedure for solving a problem.

• A value ofinfinity would mean tha the unit

never defrosts while zero would result in the unit constantly defrosting.

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## I Monday, September 26. 1988 

## I Proposed Rules

on per day energy consumption when defrost cycles are spaced 6 to 12hours apart and a lesser effect as the time between defrosts reached 72 hours of
compressor on-time. Based on NBS's evaluation ofvarious defrost cycles. DOE proposes that a value of0.2 for F be representative ofVDC-equipped units. Assuming a value of0.2 for F. allows CT. and then enery use. to be calculated.

The Decisions and Orders issued to Whirlpool (Cases No. RF.;.oo3. RF-004) andWCI (Case No. FR.;.oo2) did not assign a value for F to be used in the long-time automatic defrost equation. Rather. the value ofCT was assigned based on NBS's review ofeach Petition for Waiver. Whirlpool was assigned a value of36 hours for CT andWCI assigned 12 hours. Because CT varies by design based on the manufacturers' VDC algorithms. DOE examined alternatives to prescribing CT which would allow VDC-equipped models to be individually evaluated. NBS recommended setting a value ofF based

on the ratio ofCTL and CTM. Based on its review ofthe petitions for waiver. NBS recommended boundaries for the values ofCTL and CTM in the manufacturers' VDC algorithms. These boundaries are set at a minimum or CTL of 12 hours and a maximum or CTM of 84 hours.

AHMA recommended a different approach to determine the value ofCT. involving the performance ofa third test. The test includes door openings. multiple unit test data for statistical certainty. and specific (different) dry and wet bulb temperatures for the environmental chamber. AHAM provided field test data as support documentation. The data included information on door openings and time between defrost cycles in four geographical regions.

AHAM recommended that a single basic model be tested and the test results be applied to each ofthe manufacturer's VDC-equipped models. AHAM indicated that this third test would be extremely burdensome if required for all models. DOE agrees that the test is burdensome because ofthe differing ambient temperature and humidity test conditions. extreme time requirement. over 100 hours. andthe addition ofdoor openings. DOE also believes that test results from one basic model cannot be assigned to other basic models because varing door styles. capacities and features will impact test results. Therefore. DOE is proposing VDC-equipped models be tested accordingto the existing long-term defrost test. CT is to be calculated using a value for F of0.2 and that atthe manufacturer's option a test can be performed to determine CT.

An 

### optional third test is includedin today's proposedrule which allows manufacturers to determine the value of F and CT. This third test is provided as

an optional method ofdetermining the value ofCT for manufactures that believe the unitwill operate with a substantially betterfrequency value than the F=0.2 established in the proposedrule. The burden associated with documenting an actual value for CT makes the optional testing oflimited

use to manufacturers. The test is based

onprocedures proposedbyAHAM and modified byDOE. The only purpose of this testis to determine compressor on- time between defrosts for VDC equipped models. It

### has no application for any model equipped only with a compressor timer for automatic defrost orwith no automatic defrost features. This test. which requires multiple units be tested for statistical compliance. involves door openings in an environmental chamber
at specific new ambient conditions. The
test requires a stabilizationperiod consisting ofthree defrost intervals run from the end ofone defrost to the end of the next defrost. The average duration beh'veen defrosts ofthe three intervals would establish the value ofCT.

The optional test includes 24 fresh food and six freezer compartment door openings each for 12±2seconds. The purpose ofthese openings is to trigger the features other than compressor on- time in the manufacturer's algorithm. The door openings allow for the transfer ofwarmhumid airinto the respective compartment. thereby increasing frost build-up. Multiple units ofthe same model will be tested to achieve a 95 percent confidence in the time between defrDsts. DOE believes that the time intensiveness ofthis optional test will lead most manufacturers to accept the DOE value ofF and only those VDC systems with exceptionally better values for F will be tested.

b. MethodofTesting Dual Compressor Refrigerator-Freezer Units



### The concept ofdual compressors was raised as an energy efficiency measure during the evaluation ofenergy conservation standardlevels for refrigerator-freezers. This notice. however, does not address the effectiveness ofdual compressors in
energy efficiency. DOE is proposing to establish test procedures for automatic defrost refrigerator-freezers with dual compressor systems.

A refrigerator-freezer model with a dual compressor system operates as two separate systems. one for each section ofthe cabinet. The existing test procedure assumes a single system. For the most part. the test procedure is unaffectedbydual compressors. however. the defrost energy measurement portion ofthe test is affected. Since both compressor systems do not defrost at the samefrequency or at the same time. the measurement of defrost energy is more complicated for a dual compressor system. The freezer section. although smallerthan the refrigerator section. operates more often
to maintain the coldertemperature. The freezer section also builds frost faster. requiring more defrosts.

To measure the energy consumption ofdual compressorrefrigerator-freezers. the DOE testprocedure inAppendix A1 is used. modified only for those models with automatic defrost. The testing difference occurs because measuring the defrost energy in automatic defrost models is affected bythe more frequent operation ofthe freezer compressor system. which activates more defrosts. Assumingboth defrost timers are set for 12 hours ofcompressoron-time. the freezer will defrost sooner than the refrigerator. DOE proposes that an independentmeasurement ofdefrost
energy for each system be performed. The test will measure the energy used for two defrost cycles for each system and the time elapsedbetween cycles. The freezer compressor is considered the primary system since the large temperature difference causes it

### to cycle

more frequently than the refrigerator system. Both systems' energy measurements are included in the total
energy equation.

The test conditions remain the same. Additional measurement devices (watt
meters. timers. etc.) are incorporated to

measure the energy consumption ofeach
compressor system.

DOE expects this proposed method of evaluating energy consumption for dual
compressor units to create a minimum burden on manufacturers and to provide

a comparison with single compressor units. The proposed testprocedures apply to automatic defrostunits only; dual systems with manual defrost are to be tested according to the existing test procedure for single compressor units.

c.**Through~**The-Door-Features



### Several manufacturers. in an effort to provide the customer with increased utility and anticipated energy savings. have developed through-the-door. multidoor. and other special door features. These features could result in the unit using more energy during testing due to

a lack ofinsulation. However. because the number ofdoor openings could beFederal Register 

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## I Proposed Rules 37419

reduced, these features could also result in energy savings. These special features. however. provide utility in the form ofconvenient ice dispensing to the

consumer. The existing DOE test procedure for refrigerators and refrigerator-freezers does not use actual door operJngs; instead. itincreases t.;e surrounding temperature to increasf) heat transfer to compensate for the exchange ofair that occurs during door openings and the internal loads. Therefore. the test procedure cannot

measure any energy savings due to reduced door openings.

The Department considered these new designs in its review ofinformation and data for this rulemaking. However. DOE

was unable to obtain sufficient documentation and/or test data from manufacturers. trade associations or professional organizations priorto this rulemaking concerningthe energy consumption ofa dooropening. A review ofprevious rulemakings and available data indicated that one available option was to expand the refrigerator-freezer classes to include all doorfeatures. This was viewed as unacceptable because eachfeature would count the same. DOE also believes that t.'is option most likely would confuse consumers andreduce the potential for energy savings. A second option would be to amend the existing testprocedure. However, no data has beenpresented to support claims that the energy savedby fewer large door openings saves energy above that used to compensate for increased door edge and gasketarea and decreased door insulation. Altnough several manufacturers have expressed a desire to have the models so equipped receive a form ofenergy credit. the lack ofdata makes itdifficult for DOE to justify amending the existing test procedure. Therefore, DOE is not including any measures in today's notice which would amend test procedures for refrigerator-freezer models with through-the-door features. refreshment centers, ormultiple compartment/ multidoor refrigerator orfreezer sections.



### d. Rapid 01" 

### QuickFreeze Feature

The quick freeze feature is found primarily on freezers. DOE believes that this option is always consumer controlled. i.e.• it is operated (turned on and om manually. Activation ofthe quick freeze feature places the
compressor in a steady-state condition. Its purpose is to freeze rapidly non- frozen items upon placement in the freezer.

The quick freeze feature is an option being introduced on some new models offreezers. Since the current test procedure does not address manually operated options. DOE examined the adequacy ofthe test procedure to determine ifitprovides accurate and fair measures ofenergy consumption. By analyzing the option's function in the freezer, DOE determined that the quick freeze feature acts as a thermostat override. allowing the compressorto operate continuously. However. it also

was apparent that the consumer could perform a similar function by adjusting the thermostat to the coldest setting.The quick freeze option. however. gives the

consumer a single switch allowing the freezer to return to the original thermostat setting and, in some designs, includes a reminder light.

DOE believes that the test procedure for freezers in Appendix B-1, 10 CFR Part 430 is sufficient for testing models equippedwith manually operated features such as quick freeze. DOE
proposes to amend the test procedure to indicate that the consumer operated feature. quick freeze. will remain off unless itis necessary to bypass the thermostat to cause the compressor to

run continuously a.s described in section 3.1 ofAppendix Bl. By this amendment
to the testprocedure, DOE believes that

an option with utility to the consumer willbe rated fairly and accurately.

III. Public Comment Procedu.--es

a. 'Written CommentProcedures

Interest persons are invited to participatein the rulemaking by submitting data. views. orarguments with respect to the proposed amendments set forth in this notice to the address indicated at the beginning of the notice.

Comments should be identified on the outside ofthe envelope and on documents submitted to DOE with the designation "Refrigerators. Refrigerators-Freezers. and Freezers Test Procedures. Docket No. 80-118. Nine (9) copies are requested to be submitted. All comments received by the date specified at the beginning of this notice and all otherrelevant information wilLbe considered by DOE before final action is taken on the proposed regulations. Pursuant to the provisions of 10CFR 1004.11, any person submitting information which he or she believes to be confidential and exempt by lawfrom public disclosure should submit one complete copy ofthe document and 6 copies, ifpossible. from which the information believed to be confidential has been deleted. DOE will make its own determination with regard
to the confidential status ofthe infomation and treat it according to its determination.

Factors ofinterest to DOE when evaluatingrequests to treat as confidential information that has been submitted include: (1) A description of the item; (2) an indication as to whether and why such items ofinformation have been treated bythe submitting party as confidential. and whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known or available from othersources; (4) whether the information has previously beenmade available to others without obligation concerning its confidentiality; (5) an explanation ofthe competitive injury to the submitting
person which wouldresult from public disclosure; (6) an indication as to when such information might lose its confidential characterdue to the
passage oftime; and (7) whether disclosure ofthe information would be in the public interest.

b. PublicHearing

1. Procedures for Submitting Requests to Speak.

The time andplace ofthe public hearing are indicated at the beginning 

### of this notice. DOE invites any person who has an interestin today's proposed rule,

or who is a representative ofa group or class ofpersons that has an interest in the proposed amendments, to make a request for a.n opportunity to make an oral presentation. Such requests should be directed to the address indicated at the beginning ofthis notice. Requests
may be hand delivered to such address between the hours of9:00 a.m. and 4:00
p.m.• Monday through Friday. Requests should be labeled "Refrigerators, Refrigerator-Freezers, and Freezers Test Procedures. Docket No. CAS-RM-8O118" both on the document and on the envelope.

The person making the request should briefly describe the interestconcerned and. 

### ifappropriate. state why he or she is a properrepresentative ofthe group

or class ofpersons that have such an interest. and give a telephone number where he or she may be contacted.

Each person to be heard is requested
to submit seven (7) copies ofhis orher
statement to the address and by the date given at the beginning ofthis notice. In the eveht any personwishing to testify
cannot meet this requirement. alternative arrangements canbe made with the Office ofHearing and Dockets in advance ofthe hearingby so indicating in the letterrequesting to make an oral presentation.

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## I Proposed Rules

2. Conduct ofHearing

DOE reserves the right to select the
persons to be heard at this hearing. to schedule the respective presentations, and to establish the procedures governing the conduct ofthe hearing. Eachpresentation shallbe limited to 20 minutes.

A DOE official will be designated to preside at the hearing. Thehearing will
not be a judicial or an evidentiary-type hearing. but will be conducted in accordance with 5 U.S.C. 553 and section 336 ofthe Act. At the conclusion ofall initial oral statements. each person who has made an oral statement will be given the opportunity to make a rebuttal
statement. The rebuttal statements will be given in the orderin which the official statements were made and will be subject to time limitations.

Any interested person who wishes to ask a question at the hearing may submit the question. in writing. to the presiding officer to be asked ofany person making a statement atthe hearing. The presiding officer will determine whether the question is relevant and whether time limitations permit it

### to.bepresentedfor an answer.

A transcript ofthe hearing will be made and the entire record ofthe hearing. including the transcript. will be retainedbyDOE andmade available for inspection at the DOE Freedom of Informationil.eading Room. Room lE152. Forrestal Building. 1000 Independence Avenue. SW.• Washington. DC. between the hours of 8:30 a.m. and4:00 p.m.• Monday through Friday. For information concerning the availability ofrecords at the Freedom of Information Reading Room. call (202) 58S-6020. In addition. anyperson may purchase a copy ofthe hearing transcript from the reporter.

IV. Environmental Review

Pursuant to section 7{c)(2) ofthe Federal Energy Administration Act of 1974. a copy ofthis notice has been submitted to the Administrator ofthe Environmental Protection Agency for his
comments concerning the impact ofthis proposal on the quality ofthe environment.

Since test procedures under the energy conservation program for

consumerproducts will beused only to standardize the measurement ofenergy usage. and will not affect the quality of distribution ofenergy usage. prescribing
test procedures will not result in any environmental impacts. DOE. therefore. has determined that prescribing test procedures under the energy conservation program for consumer products clearly is not a major Federal action significantly affecting the quality ofthe human environment within the meaning ofthe National Environmental Policy Act of1969. Consequently. neither an Environmental Statement nor

anEnvironmental Assessment is required for the proposed rule.

V. Review UnderExecutive Order 12291

The proposed rule has beenreviewed in accordance withExecutive Order 12291 which directs that all regulations achieve their intended goals without imposing unnecessary burdens on the
economy. on individuals. on public or private organizations. oron State and local governments. The Executive Order also requires thatregulatory impact analyses be prepared for "majorrules." The Executive Order defines "maj,or rule" as anyregulation that is.likely to result in: (1) An annual effect on the :.. economy of$100 million ormore; (2) a major increase in costs orprices for

consumers. individual industries. Federal. State. orlocal government agencies. orgeographic regions; or (3) significant adverse effects on competition. employment. investment. productivity. innovation. or on the ability ofthe United States-based enterprises to compete with foreignbased enterprises in domestic orexport markets.

The proposed rule would amend already-existing test procedures for refrigerators. refrigerator-freezers. and freezers. DOE has determined that any

. burden imposed on any person. industry.

orgovernment entity by the amendment ofextent procedures. based in part on commercial standards. is not significant
to bring the proposed rules within the definition of "majorrule."

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act. Pub. L. 

### 96-345 (5 U.S.C. 601-612). requires that

an agency prepare an initial regulatory flexibility analysis to be published at the time the proposed rule is published. This requirement (which appears in section 603) does not apply if

### the agency "certifies that the rule will not. 

### if promulgated. have a significant economic impact on a substantial number ofsmall entities." The proposed rule affects manufacturers of refrigerators. refrigerator-freezers. and freezers. As previously discussed. the proposed changes would not have significant economic impact. but rather would simply improve the test procedures. Therefore. DOE certifies that the proposed rule. if

### promulgated. would not have a "significant economic impact on a substantial number ofsmall entities." 

# vn. "Takings" AssessmentReview
Executive Order 12630 (53 FR 8859. 

### March 18. 1988) directs that. in proposing a regulation. an agency conduct a "takings" review. Such a review is intended to assist agencies in avoiding unnecessary takings and help such agencies account for those takings that are necessitated by statutory mandate.

Forpurposes ofthe Order: "Policies that have takings implications" refers to Federal regulations. proposed Federal regulations. proposed Federal legislation. comments onproposed Federallegislation. orotherFederal policy statements that. 

### ifimplemented

orenacted. could effect a taking. such as rules andregulations that propose or implement licensing. permitting. or other condition requirements or limitations on private property use. or that require dedications or exactions from owners of private property.

It 

### appears that there are three parts of the appliance standards program that could conceivably be viewed as having "takings implications." These are testing (certification) requirements. the impacts ofstandard levels. andpossible DOE testing ofproducts for validation.

This proposed rulemaking is concerned with the first part. namely, testing. The Department believes that such a requirement does not constitute a "taking" ofprivate property. The establishment oftestprocedures involves no exchange ofproperty. Manufacturers maintain control ofthe property for all intents andpurposes.

Therefore. the Departmentbelieves thatthe requirement oftesting andthe establishment oftest procedures as part ofthe appliance standards program do
not represent a "taking" under the provisions ofE.O. 12630.

List ofSubjects in 10 

### CFR Part430.

Administrative practice and procedure. Energy conservation. Household appliances.

In consideration ofthe foregoing. it 

### is proposed to amend Part430 ofChapter II ofTitle 10. Code ofFederal Regulations. as set forth below.

Issued in Washington. DC. September9. 1988. Donrul R. Fitzpatrick.
AssistantSecretary. Conservation and RenewableEnergy.

PART 43O-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS



### 1. The authority citation for Part430 continues to read as follows:

### Federal Register 

## I Vol. 53. No. 186 

## I Monday. September 26. 1988 

## I Proposed Rules·

Authority: Energy Policy and Conservation Act. Title III. Part B. as amended by National Energy Conservation Policy Act, Title IV. Part 2. (42 U.S.C. 6291-6309) and National ApplianceEnergy Conservation Act of 1987 (4Z U.S.C. 6291-6309).

2. Subpart B ofPart430 is amended by adding sections 1.11, 3.3. 4.1.2.2. 4.1.2.3. 4.1.2.4, 5.2.1.3. 5.2.1.4, and 5.2.1.5 and adding a sentence at the end ofsections 2.1. 3.2. 4.1.2. and 5.1.2 

### ofAppendix Al

as follows: Appendix A1 (Alternative) to Subpart B ofPart 430-UniformTest Method for Measuring the Energy Consumption of Electric Refrigerators andElectric Refrigerator-Freezers

* 

### * * 1.11 "Variable Defrost Control" means a long-time automatic defrost system (except the 14-hour defrost qualification does not apply) where successive defrost cycles are determined by an operating condition variable orvariables other than solely
compressor operating time. This inchi'des any electrical ormechanical device. Demand defrost is a type ofvariable defrost contro!'

2.1' •• The ambient temperature shall be 80 ± 2'Pdry bulb and 67 ± l'Pwetbulb during the stabilization period and during the
test period when the unit is tested in accordance with section 3.3. * 3.2' •• Variable defrost control models: 5'F (-15'C) freezer compartment temperature and 38 ± 2'Ffresh food compartment temperature during steady-state conditions with no dooropenings. Ifboth settings cannotbe obtained. then test vvith the fresh food compartment temperature at 38

± 2'P and the freezer compartment as close

. to 5°F as possible.
* * 3.3 Variable Defrost Control Optional Test. After a steady-state condition is achieved. the optional test requires door openings for 12

± 2 second every 60 minutes on the fresh food compartment door and a simultaneous 12 ± 2 second freezer compartment door opening occuring every 4th time. to obtain fresh food and six freezer compartment door openings per 24-hour period. The first freezer door opening shall be simultaneous with the fourth fresh food door opening. The doors are to be opened 60 to 90' with an average velocity for the leading edge ofthe door of approximately 2FT/Sec. Prior to the initiation ofthe door opening sequence. the refrigerator defrost control mechanism may be re-initiated in order to minimize the test duration.

4.1.2' • • Ifthe model being tested has a variable defrost control. the provisions of section 4.1.2.2 or .3 shall apply. Ifthe model has a dual compressor system the provisions of4.1.2.4 shall apply.

4.1.2.2 Variable Defrost Control. Ifthe model being tested has a variable defrost control system. the test shall consist ofthree parts. Two parts shall be the same as the test for long-time automatic defrost (section 4.1.2.1). The third part is the optional test to determine the time between defrost (section 5.2.1.3). The third part is used by manufacturers that choose not to accept the DOE value fol' F of0.20. to calcuate CT.

4.1.2.3 Variable Defrost Control OptioJlal Test. After steady-state conditions with no door openings are achieved in accordance with section 3.3 above. the test is continued using the above daily door opening sequence until stabilized operation is achieved. Stabilization is defined as a minimum of three consecutive defrost cycles with times between defrost that will allow the calculation ofa MeanTime Between Defrosts (MTBDl) that satisfies the statistical relationship of95 percent confidence.'The
testisrepeated on at least one more unit of the model and until theMeanTime Between Defrosts for the multiple unit tests (MTBD2) satisfies the statistical relationship. Ifthe time between defrosts is greater than 84 hours [compressor on time} and this defrost period canbe repeated on a second unit. the
test maybe terminated at 84 hours [CT) and the absolute time value used for MTBD for eachunit.

4.1.2.4. Dual CompressorSystems with AutomaticDefrost. Ifthe model being tested has separate compressor systems for the refrigerator and freezer sections. then the two part method in 4.1.2.1 shall be used. The second part ofthe method will be conducted separately for each system. * * 5.1.2' * • Pormodels equipped with variable defrost controls. compartment temperatures shall be those measured in the first part of the test period specified in 4.1.2.2 above. 

### * * * 5.2.1.3 Variable Defrost Control. The
energy consumption in kilowatt-hours per day shall be calculat.A equivalent to:
ET = (1440 X EPl/T1) "1 (EP2

- (EPl X T2/ n)X12/CT
where ET and 1440 are defined in 5.2.1.1 and EPl.EP2, n. T2 and 12 are defined in 5.2.1.2 

### cf = (CTdCT

..

### J(F X leT

.. - CTd 

### + CTd CTL = least or shortest time between defrosts in tenths of an hour (but not less than 12 hours) CTM = maximum time between defrost cycles in tenths ofan hour (but not more than 84 hours) F = ratio ofper day energy consumption in

excess ofthe least energy and the maximum difference inper day energy consumption F = (l!CT

- l/CTM)!(l/CTL

- l/CTM) 

### = (ET-ETd/(ETM-ETJ

orF = 0.20 inlieu oftesting to find CT ETL = least electrical energy used (kilowatt hours) ET

.. = maximum electrical energy used (kilowatt hours)
5.2.1.4 Optional Test lHethodfor Variable Defrost Controls.

CT = MTBD X 0.5 where MTBD = mean time between defrosts

MTBD

where X 

### = time between defrost cycles N = number ofdefrost cycles l:x

N

5.2.1.5 DuaJ CompressorSystems with AutomaticDefrost. The two part test method in4.1.2.2 must be used. the energy consumption in kilowatt-hours per day shall be calculated equivalent to:
ET 

### == (1440 X EP1/T1) 

### + (EP2

- (EP.

- [EPF X TZ/T1J) X 12iCTF 

### + (EPa

- EPa X T3/ n)} X lZ/CTa)
where ET, 1440. EPl. n. EPZ. 12. and CT are defined in5.2.1.2 EPF = energy expended in kilowatt-hours during the second part ofthe test for the freezer system. EPa = energy expended in kilowatt-hours during the second pari ofthe test for the refrigerator system. T2 and T3 = length oftime in minutes of the second test part for the freezer and refrigerator systems respectively. CTF = compressor on-time between freezer defrosts (tenths ofan hour). CTa = compressor on-time between refrigerator defrosts (tenths ofan hour).

* 

### * * 

### * 3. SubpartB. Part 430 is amendedby adding sections 1.10. 1.11. 3.3. 4.1.2.2. 4.1.2.3. 5.2.1.3. and 5.2.1.4 and adding a sentence to the end ofsections 2.1, 2.2.,
3.1. 3.2. 4.1.2. and 5.1.2 ofAppendix HI

as follows: Appendix 

### Bt (Alternative) to Subpart B ofPart430-UniformTestMethod for Measul'ing the Energy Consumption of Freezers

* 1.10 "Variable Defrost Control" means a long-time automatic defrost system (except the H-hourdefrost qualification does not apply) where successive defrost cycles are determined by an operating condition variable orvariables other than solely
compressor operating time. This includes any electrical or mechanical device. Demand defrost is a type ofvariable defrost control.

1.11 "Quick freeze" means optional feature

on freezers whichis initiated manually and shut offmanually. it by-passes the thermostat control and places the compressor in a steady-stale operating condition until it is shut off.

2.1 • • • The ambient temperature shall be 80±Z·Pdry bulb Gnd 67"F wet bulb during the stabilization period and during the tesl period when the unit is tesled in accordance with section 3.3.

2.2' • • The quick freeze option shall be switched offunless specified. 

### • 3.1 • •• Ifthe model has the quick freeze option. it is to be used to by-pass the temperature control.37422 

### Federal Register 

## I Vol. 53, No. 186 

## I Monday, September 26, 19881 

### ProposodRtiles

3.2' • * Variable defrost control models shall achieve 0±2° during the steady-state conditions prior to the optional test with no door openings.

3.3 Variable Defrost Control Optional Test. After a steady-state condition is achieved. the door opening sequence is initiated with a 18 ±2·F second freezer door opening occurring every eight hours to obtain three door openings per 24-hour period. The first freezer door opening shall occur at the initiation ofthe test period. The door(s) are to be opened 60 to 90· with an average velocity for the leading edge ofthe door of approximately two feet persecond. Prior to the initiation ofthe door opening sequence. the freezer defrost control mechanism may be re-initialized in ordertominimize the test duration. 

### * * 

### *

4.1.2' * • Ifthe model'being tested has a variable defrost control the provisions of 4.1.2.2. shall apply. * 

### *

4.1.2.2 Variable Defrost Control. Ifthe model being tested has a variable defrost control system. the test shall consist ofthree parts. Two parts shallbe the same asthe test for long-time automatic defrost in accordance with section4.1.2.1 above. The third partis the optional test to determine the time between defrosts (5.2.1.3). The third partis used bymanufacturers that choose not to accept the DOE value for G of0.20. to calculate CT.

4.1.2.3 Variable Defrost Control Optional Test. After steady-state conditions with no . door openings are achieved in accordance with section 3.3 above. the test is continued using the above daily door opening sequence

·until stabilized operation is achieved. Stabilization is dermed as a minimum of three consecutive defrost cycles with times between defrost that will allow the calculation ofa MeanTime BetweenDefrosts (MTBD1) that satisfies the statistical relationship of95 percent confidence.The
test is repeated on atleast one more unit of

· the model and until the MeanTime Between Defrosts for the multiple unit tests (MTBD2) satisfies the statisticalrelationship. Ifthe time between defrosts is greater than 84 hours (compressor on time) and this defrost period canberepeated on a second unit. the
test may be terminated at 84 hours (CT) and the absolute time value used for MTBD for

· each unit. * •
5.1.2' • • Formodels equipped with variable defrost controls. compartment temperatures shall be those measured in the first part ofthe test period specified in 4.1.2.2. 

### * *
5.2.1.3 Variable DefrostCOlltrol. The

· energy consumption inkilowatt-hours per

day shall be calculated equivalent to: ET=(1440XEPl/Tl)+(EP2-(EPlxT2! Tl)X12/CT
where ET and 1440 are defined in 5.2.1.1 and EPl. EP2, Tl. T2 and 12 are defined in 5.2.1.2 CT=(CTJCTM1/(FXlCTM-CTJ+CTJ
where CTL=least or shortest time between defrost intenths·ofan·hour:(.bttlnot less than 12 hours) CTM=maximum time between defrost cycles in tenths ofan hour (but not more than 84 hour&) F=ratio otper·day energy conswnption in

excess ofthe least energy and the maximum difference in per day energy consumption F=(l/CT-l/CTIIlJl(l/CTL-1/ CT..)=(ET-ETJ!(ET",-ETJ
F=0.20 in lieu oftesting to find CT where ETL=least electrical- energy consumed. in kilowatthours ETM=maximum electrical energy consumed. in kilowatt hours 5.2;U 'Varidb1e Defrost Control Optional Test. Perform the optional test for variable defrost control models to find CT. CT=MTBDxO.5 MTBD= mean time between defrosts

MTBD

X=limebetween defrost cycles N=numberofdefrost cycles 

### * * N

[FR Doc. 88-21860 Filed**~23-88;** 8:45 am]

BIWHG CODE 8450-o1-M