Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Notices 7851 

1For editorial reasons, upon codification in the 

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

Web site at http://www.plainsand

easterneis.com (preferred) or addressed 

to Plains & Eastern EIS, 216 16th Street, 

Suite 1500, Denver, Colorado 80202; via 

email to comments@

PlainsandEasternEIS.com; or by 

facsimile to (303) 295–2818. Please 

mark envelopes and email subject lines 

as Plains & Eastern Draft EIS Comments. 

FOR FURTHER INFORMATION CONTACT: Jane 

Summerson, Ph.D., DOE NEPA 

Document Manager on behalf of the 

Office of Electricity Delivery and Energy 

Reliability, U.S. Department of Energy, 

NNSA, PO Box 391 Building 401, 

Kirtland Air Force Base East, 

Albuquerque, NM 87185; email at 

Jane.Summerson01@nnsa.doe.gov; or 

phone (505) 845–4091. 

SUPPLEMENTARY INFORMATION: On 

December 17, 2014, DOE published a 

notice of availability and public hearing 

(79 FR 75132) and on December 29, 

2014, DOE published a correction (79 

FR 78079) that announced that 

comments on the Plains & Eastern EIS 

should be submitted within a 90-day 

period beginning on December 19, 2014 

and ending on March 19, 2015. DOE is 

extending the time allowed for 

submittal of comments to April 20, 

2015. 

Issued in Washington, DC, on February 6, 

2015. 

Patricia A. Hoffman, 

Principal Deputy Assistant Secretary, Office 

of Electricity Delivery and Energy Reliability. 

[FR Doc. 2015–02947 Filed 2–11–15; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–042] 

Decision and Order Granting a Waiver 

to GE Appliances From the Department 

of Energy Residential Refrigerator and 

Refrigerator-Freezer Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order in Case No. RF–042 

that grants to GE Appliances (GE) a 

waiver from the DOE electric 

refrigerator and refrigerator-freezer test 

procedures for determining the energy 

consumption of the specific residential 

refrigerator-freezer basic models set 

forth in GE’s petition for waiver. Under 

today’s decision and order, GE shall be 

required to test and rate these 

refrigerator-freezer basic models, which 

use dual compressors, using an alternate 

test procedure that takes this technology 

into account when measuring energy 

consumption. 

DATES: This Decision and Order is 

effective February 12, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–5B, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–33, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE gives 

notice of the issuance of its decision and 

order as set forth below. The decision 

and order grants GE a waiver from the 

applicable residential refrigerator and 

refrigerator-freezer test procedures 

found in 10 CFR part 430, subpart B, 

appendix A for certain basic models of 

refrigerator-freezers with dual 

compressors, provided that GE tests and 

rates such products using the alternate 

test procedure described in this notice. 

Today’s decision prohibits GE from 

making representations concerning the 

energy efficiency of these products 

unless the product has been tested in a 

manner consistent with the provisions 

and restrictions in the alternate test 

procedure set forth in the decision and 

order below, and the representations 

fairly disclose the test results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

Issued in Washington, DC, on February 6, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: GE Appliances (Case 

No. RF–042) 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Pub. L. 94–163 (42 U.S.C. 6291–6309, as 

codified) established the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles, a 

program covering most major household 

appliances, which includes the 

residential electric refrigerators and 

refrigerator-freezers that are the focus of 

this notice.1 Part B includes definitions, 

test procedures, labeling provisions, 

energy conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part B authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results measuring energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

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

procedure for residential electric 

refrigerators and refrigerator-freezers is 

set forth in 10 CFR part 430, subpart B, 

appendix A. 

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. DOE 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(f)(2). 

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(f)(2). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(l). 

DOE also may grant a petitioning 

manufacturer with an interim waiver 

from the test procedure requirements 

when such relief is sought. 10 CFR 

430.27(e)(2). Within one year of 

issuance of an interim waiver, DOE will 

either: (i) Publish in the Federal 

Register a determination on the petition 

for waiver; or (ii) publish in the Federal 

Register a new or amended test 

procedure that addresses the issues 

presented in the waiver. 10 CFR 

430.27(h)(1). When DOE amends the test 

procedure to address the issues 

presented in a waiver, the waiver will 

automatically terminate on the date on 

which use of that test procedure is 

required to demonstrate compliance. 10 

CFR 430.27(h)(2). 


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7852 Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Notices 

II. GE’s Petition for Waiver: Assertions 

and Determinations 

On June 27, 2014, 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 A. See 79 FR 55775 

(Sept. 17, 2014). GE is seeking a waiver 

because it is developing new 

refrigerator-freezers that incorporate a 

dual-compressor design that GE believes 

is not properly accounted for in DOE’s 

final rule published on April 21, 2014 

(78 FR 22320), which amended the test 

procedure for refrigerators and 

refrigerator freezers in Appendix A. In 

its petition, GE seeks a waiver from the 

new DOE test procedure applicable to 

refrigerators and refrigerator-freezers 

under 10 CFR part 430 for two dualcompressor system basic models. 

Information provided by GE indicate 

that these basic models demonstrate 

non-uniform cycling of their 

compressors, which prevents the 

verification of two criteria in the 

Appendix A test procedure—to ensure 

(a) that the first part of the test 

comprises a period of stable operation, 

and (b) that the second part of the test 

(used to measure the energy use 

contribution of the defrost cycle(s)) both 

starts and ends during periods of stable 

operation. 

DOE previously granted a similar 

waiver to GE through a Decision and 

Order (78 FR 38699 (June 27, 2013)) 

under Case No. RF–029 pertaining to 10 

CFR part 430, subpart B, appendix A1. 

DOE also granted similar waivers to 

Sub-Zero (77 FR 5784 (February 6, 

2012)), LG (77 FR 18327 (March 26, 

2013)); and Samsung (78 FR 35899 (June 

14, 2013)) and (79 FR 19884 (April 10, 

2014)). 

In its April 2014 final rule, DOE 

incorporated provisions to address the 

testing of products with multiple 

compressors, which were intended to 

obviate the need for waivers for 

multiple-compressor products such as 

the ones previously granted to GE and 

others, if these products are tested using 

the new Appendix A. However, in its 

petition for waiver, GE contended that 

due to certain characteristics of the 

basic models listed in the petition, the 

Appendix A test procedure does not 

accurately measure the energy 

consumption of these basic models. 

Specifically, GE claimed that 

requirements in the Appendix A test 

procedure that were included to ensure 

(a) that the first part of the test comprise 

a period of stable operation, and (b) that 

the second part of the test (used to 

measure the energy use contribution of 

the defrost cycle(s)) both starts and ends 

during periods of stable operation— 

cannot be applied to these basic models, 

because their compressor cycles do not 

repeat uniformly, which is one of the 

assumptions built into the test 

procedure. 

In lieu of using Appendix A, GE has 

submitted an alternate test procedure to 

account for the energy consumption of 

its refrigerator-freezer models with dual 

compressors. GE’s alternative test is 

essentially the same as the test for 

multiple-compressor products with 

automatic defrost in section 4.2.3 of 

Appendix A, except that: (a) The test 

period for the first part of the test would 

not be required to meet the 

requirements for evaluating stable 

operation provided in section 1.22 of 

Appendix A; (b) the second part of the 

test would have a minimum duration— 

this would be at least 24 hours, unless 

a second defrost (other than the target 

defrost captured within the test period) 

occurs before the end of 24 hours, in 

which case, the test period duration 

would be at least 18 hours; (c) the start 

of the second part of the test would 

occur ‘‘at the end of a regular freezer 

compressor on-cycle after the previous 

defrost occurrence’’ rather than during a 

period of stable operation as defined in 

section 1.22 of Appendix A; and (d) the 

end of the second part of the test would 

occur ‘‘at the end of a freezer 

compressor on-cycle before the next 

defrost occurrence’’ rather than during a 

period of stable operation as defined in 

section 1.22 of Appendix A. 

GE believes its alternate test 

procedure will allow for the accurate 

measurement of the energy use of these 

products, which GE contends is not 

achieved by the current Appendix A test 

procedure. Specifically, due to the nonuniform compressor cycles of this 

product, which prevent consistent 

application of the requirements 

provided in section 1.22 of Appendix A 

for evaluating the stable operation of a 

tested unit, the alternative test would 

not explicitly impose these stable 

operation requirements. Based on the 

information provided by GE, the 

variation in test results associated with 

different selections of test periods 

would be insignificant as long as the test 

starts after the 24-hour stabilization 

period, which is required both by the 

Appendix A test procedure and the 

alternative test procedure suggested by 

GE. Further, GE’s alternative test’s 

minimum duration for the second part 

of the test would also not significantly 

affect the results. 

Although not explicitly stated in the 

alternative test method, or in GE’s 

petition, DOE understands the term 

‘‘stable operation’’ used in the petition 

to have a different meaning than the 

same term as used in Appendix A, since 

the alternative test method does not use 

the same stability criteria. In this case, 

DOE understands ‘‘stable operation’’ to 

mean operation after steady-state 

conditions have been achieved but 

excluding any defrost cycles or events 

associated with a defrost cycle, such as 

precooling or recovery, and that this 

term would apply in the same way for 

the first and second parts of the test. 

DOE understands the term also to mean 

operation in which the average rate of 

change of compartment temperatures is 

zero or very close to zero. These 

temperatures may fluctuate around 

representative average temperatures as 

the compressors cycle on and off, but 

over several compressor cycles, these 

average compartment temperatures 

would not significantly change. The key 

difference in this interpretation of stable 

operation as compared with the 

definition in Appendix A is that it 

involves neither assignment of a specific 

maximum rate of change of the average 

temperature nor specification of a 

method to verify that operation is stable. 

DOE further notes that this particular 

use of the term ‘‘stable operation’’ is 

limited solely to the basic models that 

are the subject of this waiver, as DOE 

has verified using information provided 

by GE about the actual operational 

characteristics of these models that such 

a test is appropriate in this limited case. 

GE also requested an interim waiver 

from the existing DOE test procedure, 

which DOE granted. See 79 FR 55776. 

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(e)(2). 

As noted previously, DOE recently 

addressed multiple compressor 

products in its April 21, 2014 final rule. 

In considering GE’s petition for waiver, 

DOE sought additional details about the 

specific operating characteristics of the 

products that are the subject of the 

petition in order to determine whether 

they cannot be tested using the section 

of the amended test procedure that was 

adopted specifically to address such 

products. GE indicated in its petition 

that the compressors serving the fresh 

food and freezer compartments of these 

models have non-synchronous cycles 

that do not repeat uniformly, which 

prevents these models from achieving 


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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Notices 7853 

the temperature stability conditions 

specified in the Appendix A test 

procedure. To better understand GE’s 

claim and the issues raised in the 

petition, DOE requested data regarding 

the operational characteristics of these 

products, which GE provided. DOE was 

specifically concerned that the use of 

GE’s proposed test method could 

present the risk of truncation error in 

the energy use measurement or the 

possibility of variation between separate 

tests of the same unit due to 

temperature drift in the compartments 

or differences in the operational state of 

the compressors at the beginning or end 

of the test period. The data provided by 

GE indicated that these models 

demonstrate non-uniform cycling that 

makes direct use of the Appendix A 

requirements for evaluating temperature 

stability problematic—these 

requirements may be appropriate for 

some operating modes of the basic 

models, but not for other operating 

modes. The data also showed that the 

use of GE’s proposed test method is 

unlikely to result in significant variation 

in test measurements for these 

particular models on the basis of the 

selected test period. DOE notes, 

however, that these conclusions are 

limited to the models listed in GE’s 

petition based upon the data provided 

by GE and that other basic models may 

demonstrate operating characteristics 

that differ from these models, making 

this alternative test method 

inappropriate for measuring their energy 

use. Should DOE receive petitions for 

waiver requesting use of the alternative 

test identified in this notice for other 

basic models, DOE may request from the 

manufacturer information about the 

operation of those basic models that 

would demonstrate that their energy use 

can be accurately measured using this 

alternative test and that such models 

cannot in fact be tested using the 

currently assigned test method in 

Appendix A. 

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. DOE did not 

receive any comments on the GE 

petition. 

III. Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

GE petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to GE. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by GE and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver submitted 

by GE Appliances (Case No. RF–042) is 

hereby granted as set forth in the 

paragraphs below. 

(2) GE shall be required to test and 

rate the following GE models according 

to the alternate test procedure set forth 

in paragraph (3) of this section. 

ZIC30***** 

ZIK30***** 

(3) GE shall be required to test the 

products listed in paragraph (2) above 

according to the test procedures for 

electric refrigerator-freezers prescribed 

by DOE at 10 CFR part 430, appendix 

A, except that, for the GE products 

listed in paragraph (2) of this section 

only, the energy consumption shall be 

determined as follows: 

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 

(If at least one compressor cycles, the test 

period for the first part of the test shall 

include a whole number of complete 

primary compressor cycles comprising at 

least 24 hours of stable operation, unless 

a defrost occurs prior to completion of 24 

hours of stable operation, in which case 

the first part of the test shall include a 

whole number of complete primary 

compressor cycles comprising at least 18 

hours of stable operation); 

—T1 is the length of time for EP1 (minutes); 

—D is the total number of compartments 

with distinct defrost systems; 

—i is the variable that equals 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 A 

clause 5.2.1.2. CTi for compartment i 

with variable defrost system is calculated 

as per 10 CFR part 430 subpart B, 

Appendix A 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. 

Test Period for EP2i, T2i: EP2i 

includes precool, defrost, and recovery 

time for compartment i, as well as 

sufficient dual compressor cycles to 

allow T2i to be at least 24 hours, unless 

a defrost occurs prior to completion of 

24 hours, in which case the second part 

of the test shall include a whole number 

of complete primary compressor cycles 

comprising at least 18 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 freezer 

compressor cycles, ending at the end of 

a freezer compressor on-cycle before the 

next defrost occurrence (refrigerator or 

freezer). 

Test Measurement Frequency: 

Measurements shall be taken at regular 

interval not exceeding 1 minute. 

* * * 

(4) Representations. GE may make 

representations about the energy use of 

its dual compressor refrigerator-freezer 

products for compliance, marketing, or 

other purposes only to the extent that 

such products have been tested in 

accordance with the provisions outlined 

above and such representations fairly 

disclose the results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(l). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

(7) This waiver applies only to those 

basic models set out in GE’s June 27, 

2014 petition for waiver. Grant of this 


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7854 Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Notices 

1For editorial reasons, upon codification in the 

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

waiver does not release a petitioner 

from the certification requirements set 

forth at 10 CFR part 429. 

Issued in Washington, DC, on February 6, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2015–02952 Filed 2–11–15; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–040] 

Decision and Order Granting a Waiver 

to Sub-Zero From the Department of 

Energy Residential Refrigerator and 

Refrigerator-Freezer Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order in Case No. RF–040 

that grants to Sub-Zero Group, Inc. a 

waiver from the DOE electric 

refrigerator and refrigerator-freezer test 

procedures for determining the energy 

consumption of residential refrigeratorfreezers. Sub-Zero’s request pertains to 

the specific hybrid refrigerated ‘‘storagewine storage’’ basic models set forth in 

its petition. Sub-Zero seeks permission 

to use an alternate test procedure to test 

the wine chiller compartment of these 

devices at 55 °F instead of the 

prescribed temperature of 39 °F. That 

procedure would apply a K factor 

(correction factor) value of 0.85 when 

calculating the energy consumption of a 

tested model and replace the energy 

consumption calculation. Under today’s 

decision and order, Sub-Zero shall be 

required to test and rate the hybrid 

refrigerated ‘‘storage-wine storage’’ basic 

models identified in its petition using 

an alternate test procedure that takes the 

nature of these products into account 

when measuring energy consumption. 

DATES: This Decision and Order is 

effective February 12, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–5B, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–33, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE gives 

notice of the issuance of its decision and 

order as set forth below. The decision 

and order grants Sub-Zero a waiver from 

the applicable residential refrigerator 

and refrigerator-freezer test procedures 

found in 10 CFR part 430, subpart B, 

appendix A for certain basic models of 

hybrid refrigerated ‘‘storage-wine 

storage,’’ provided that Sub-Zero tests 

and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

Sub-Zero from making representations 

concerning the energy efficiency of 

these products unless the product has 

been tested in a manner consistent with 

the provisions and restrictions in the 

alternate test procedure set forth in the 

decision and order below, and the 

representations fairly disclose the test 

results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

Issued in Washington, DC, on February 4, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: Sub-Zero Group, Inc. 

(Case No. RF–040) 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Pub. L. 94–163 (42 U.S.C. 6291–6309, as 

codified) established the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles, a 

program covering most major household 

appliances, which includes the 

residential electric refrigerators and 

refrigerator-freezers that are the focus of 

this notice.1 Part B includes definitions, 

test procedures, labeling provisions, 

energy conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part B authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results measuring energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

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

procedure for residential electric 

refrigerators and refrigerator-freezers is 

set forth in 10 CFR part 430, subpart B, 

appendix A. 

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. DOE 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(f)(2). 

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. DOE may 

grant the waiver subject to conditions, 

including adherence to alternate test 

procedures. 10 CFR 430.27(f)(2). 

Waivers remain in effect pursuant to the 

provisions of 10 CFR 430.27(l). 

DOE may also grant a petitioning 

manufacturer with an interim waiver 

from the test procedure requirements 

when such relief is sought. 10 CFR 

430.27(e)(2). Within one year of 

issuance of an interim waiver, DOE will 

either: (i) Publish in the Federal 

Register a determination on the petition 

for waiver; or (ii) publish in the Federal 

Register a new or amended test 

procedure that addresses the issues 

presented in the waiver. 10 CFR 

430.27(h)(1). When DOE amends the test 

procedure to address the issues 

presented in a waiver, the waiver will 

automatically terminate on the date on 

which use of that test procedure is 

required to demonstrate compliance. 10 

CFR 430.27(h)(2). 

II. Sub-Zero’s Petition for Waiver: 

Assertions and Determinations 

On May 19, 2014, Sub-Zero 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 A. See 79 FR 55772 

(Sept. 17, 2014). In its petition, SubZero explained that it is unable to 

certify a hybrid refrigerator basic model 

(i.e., refrigerators that have a 

combination of one or more refrigerated 

storage compartments and a wine 

storage compartment) as compliant with 

DOE’s energy conservation standards 

without a waiver. Sub-Zero asserted that 

the DOE test procedure does not contain 

a method to test these types of hybrid 


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