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[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38699-38701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15423]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-029]

Decision and Order Granting a Waiver to GE Appliances From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedures

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

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-029) that grants to GE Appliances (GE) 
a waiver from the DOE electric refrigerator and refrigerator-freezer 
test procedures for determining the energy consumption of residential 
refrigerator-freezers for the basic models set forth in its petition 
for waiver. Under today's decision and order, GE shall be required to 
test and rate its refrigerator-freezers with dual compressors using an 
alternate test procedure that takes this technology into account when 
measuring energy consumption.

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

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: Bryan.Berringer@ee.doe.gov.
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION: DOE gives notice of the issuance of its 
decision and order as set forth below. The decision and order grants GE 
a waiver from the applicable residential refrigerator and refrigerator-
freezer test procedures found in 10 CFR part 430, subpart B, appendix 
A1 for certain basic models of refrigerator-freezers with 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 June 21, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: GE Appliances (Case No. RF-029).

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require

[[Page 38700]]

information and reports from manufacturers. Further, Part B authorizes 
the Secretary of Energy to prescribe test procedures that are 
reasonably designed to produce results which measure energy efficiency, 
energy use, or estimated operating costs, and that are not unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for 
residential electric refrigerators and refrigerator-freezers is set 
forth in 10 CFR part 430, subpart B, appendix A1.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for a 
particular basic model for covered consumer products when (1) the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics.
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the interim waiver is 
denied, if it appears likely that the petition for waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination on the petition for waiver. 10 CFR 430.27(g).

II. GE's Petition for Waiver: Assertions and Determinations

    On February 28, 2013, GE 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. GE is seeking a waiver because it is developing new refrigerator-
freezers that incorporate a dual-compressor design that is not 
contemplated under DOE's test procedure. In its petition, GE seeks a 
waiver from the existing DOE test procedure applicable to refrigerators 
and refrigerator-freezers under 10 CFR part 430 for the company's 
shared dual-compressor system products. In its petition, GE has set 
forth an alternate test procedure and notes in support of its petition 
that DOE has already granted Sub-Zero a similar waiver pertaining to 
the use of shared dual compressor-equipped refrigerators. See 76 FR 
71335 (November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 
2012) (Decision and Order). DOE has also granted an interim waiver, and 
Decision and Order to LG. See 77 FR 44603 (July 30, 2012) and 78 FR 
18327 (March 26, 2013), respectively. The reasons for which DOE granted 
Sub-Zero's and LG's waiver request apply as well to the GE basic models 
that are the subject of this waiver request: These models all use a 
shared compressor-based system with refrigerant-flow controlled by a 3-
way valve and do not have the independent, sealed systems that the DOE 
test procedure is designed to address. DOE has reviewed the alternate 
procedure and believes that it will allow for the accurate measurement 
of the energy use of these products, while alleviating the testing 
problems associated with GE's implementation of a dual compressor 
system. 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-029) is hereby granted as set forth in the paragraphs below.
    (2) GE shall be required to test and rate the following GE models 
according to the alternate test procedure set forth in paragraph (3) 
below.

ZIC30GNDII
ZIK30GNDII
    (3) GE shall be required to test the products listed in paragraph 
(2) above according to the test procedures for electric refrigerator-
freezers prescribed by DOE at 10 CFR part 430, appendix A1, except 
that, for the GE products listed in paragraph (2) only, replace the 
multiple defrost system, section 5.2.1.4 of appendix A1, with the 
following:
    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.2.1 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:
[GRAPHIC] [TIFF OMITTED] TN27JN13.002

Where:

--ET is the test cycle energy (kWh/day);
--1440 = number of minutes in a day;
--EP1 is the dual compressor energy expended during the first part 
of the test (it is calculated for a whole number of freezer 
compressor cycles at least 24 hours in duration and may be the 
summation of several running periods that do not include any 
precool, defrost, or recovery periods);
--T1 is the length of time for EPI (minutes);
--D is the total number of compartments with distinct defrost 
systems;
--i is the variable that can equal to 1,2 or more that identifies 
the compartment with distinct defrost system;
--EP2i is the total energy consumed during the second (defrost) part 
of the test being conducted for compartment i. (kWh);
--T2i is the length of time (minutes) for the second (defrost) part 
of the test being conducted for compartment i.
--12 = conversion factor to adjust for a 50% run-time of the 
compressor in hours/day
--CTi is the compressor on time between defrosts for only 
compartment i. CTi for compartment i with long time automatic 
defrost system is calculated as per 10 CFR Part 430, Subpart B, 
Appendix A1 clause 5.2.1.2. CTi for compartment I with variable 
defrost system is calculated as per 10 CFR part 430 subpart B, 
Appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of 
an hour).

Stabilization

    The test shall start after a minimum 24 hours stabilization run for 
each temperature control setting. Steady State for EP1: The temperature 
average for the

[[Page 38701]]

first and last compressor cycle of the test period must be within 1.0 
[degrees 1 F (0.6 [degrees 1 C) of the test period temperature average 
for each compartment. Make this determination for the fresh food 
compartment for the fresh food compressor cycles closest to the start 
and end of the test period. If multiple segments are used for test 
period 1, each segment must comply with above requirement.

Steady State for EP2i

    The second (defrost) part of the test must be preceded and followed 
by regular compressor cycles. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0 [degrees 1 
F (0.6 [degrees 1 C) of the EPI test period temperature average for 
each compartment.

Test Period for EP2i, T2i

    EP2i includes precool, defrost, and recovery time for compartment 
i, as well as sufficient dual compressor steady state run cycles to 
allow T2i to be at least 24 hours. The test period shall start at the 
end of a regular freezer compressor on-cycle after the previous defrost 
occurrence (refrigerator or freezer). The test period also includes the 
target defrost and following regular freezer compressor cycles, ending 
at the end of a regular freezer compressor on-cycle before the next 
defrost occurrence (refrigerator or freezer). If the previous condition 
does not meet 24 hours time, additional EP1 steady state segment data 
could be included. Steady state run cycle data can be utilized in EP1 
and EP2i.

Test Measurement Frequency

    Measurements shall be taken at regular interval not exceeding 1 
minute.
* * * * *

    (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(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in GE's 
February 28, 2013 petition for waiver. Grant of this waiver does not 
release a petitioner from the certification requirements set forth at 
10 CFR part 429.

    Issued in Washington, DC, on June 21, 2013.

Kathleen B. Hogan,

Deputy Assistant Secretary for Energy Efficiency Energy Efficiency 
and Renewable Energy

[FR Doc. 2013-15423 Filed 6-26-13; 8:45 am]
BILLING CODE 6450-01-P
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