[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78810-78874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30071]



[[Page 78809]]

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Part II





Department of Energy





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10 CFR Part 430



 Energy Conservation Program for Consumer Products: Test Procedures for 
Refrigerators, Refrigerator-Freezers, and Freezers; Final Rule and 
Interim Final Rule

Federal Register / Vol. 75 , No. 241 / Thursday, December 16, 2010 / 
Rules and Regulations

[[Page 78810]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2009-BT-TP-0003]
RIN 1904-AB92


Energy Conservation Program for Consumer Products: Test 
Procedures for Refrigerators, Refrigerator-Freezers, and Freezers

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

ACTION: Final rule, Interim final rule.

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SUMMARY: On May 27, 2010, the U.S. Department of Energy (DOE) issued a 
notice of proposed rulemaking (NOPR) to amend the test procedures for 
refrigerators, refrigerator-freezers, and freezers. That proposed 
rulemaking serves as the basis for today's action. DOE is issuing a 
final rule regarding Appendix A1 and Appendix B1, and an interim final 
rule for Appendix A and Appendix B. The final rule amends the current 
procedures, incorporating changes that will take effect 30 days after 
the final rule publication date. These changes will be mandatory for 
product testing to demonstrate compliance with the current energy 
standards and for representations starting 180 days after publication. 
These changes, which will not affect measured energy use, include test 
procedures to account for refrigerator-freezers equipped with variable 
anti-sweat heater controls, establishing test procedures for 
refrigerator-freezers equipped with more than two compartments, making 
minor adjustments to eliminate any potential ambiguity regarding how to 
conduct tests, and clarifying certain reporting requirements. The 
interim final rule establishes amended test procedures for 
refrigerators, refrigerator-freezers, and freezers that would be 
required for measuring energy consumption once DOE promulgates new 
energy conservation standards for these products. These new standards 
are currently under development in a separate rulemaking activity and 
will apply to newly manufactured products starting in 2014. Today's 
action also discusses the treatment of combination wine storage-freezer 
products that were the subject of a recent test procedure waiver, 
energy use measurement round-off, and additional topics raised by 
stakeholders during the rulemaking's comment period.
    While the amended test procedures will be based largely on the test 
methodology used in the existing test procedures, they also include 
significant revisions with respect to the measurement of compartment 
temperatures and compartment volumes. These measurements will provide a 
more comprehensive accounting of energy usage by these products. The 
amended test procedure will modify the long-time automatic defrost test 
procedure to capture all energy use associated with the defrost cycle, 
establish a test procedure for products with a single compressor and 
multiple evaporators with active defrost cycles, incorporate into the 
energy use metric the energy use associated with icemaking for products 
with automatic icemakers, and clarify requirements on temperature 
control settings during testing.

DATES: The amendments to Sec. Sec.  430.2, 430.3, 430.23 and Appendix 
A1 and Appendix B1 (the final rule) are effective January 18, 2011. The 
additions of Appendix A and Appendix B (the interim rule) are effective 
April 15, 2011.
    The final rule changes will be mandatory for product testing 
starting June 14, 2011. Comments on the interim final rule are due 
February 14, 2011.
    The incorporation by reference of ANSI/AHAM HRF-1-1979, (``HRF-1-
1979''), (Revision of ANSI B38.1-1970), American National Standard, 
Household Refrigerators, Combination Refrigerator-Freezers and 
Household Freezers, approved May 17, 1979, IBR approved for Appendices 
A1 and B1 to Subpart B, in the final rule is approved by the Director 
of the Office of the Federal Register as of January 18, 2011.
    The incorporation by reference of AHAM Standard HRF-1-2008 (``HRF-
1-2008''), Association of Home Appliance Manufacturers, Energy and 
Internal Volume of Refrigerating Appliances (2008), including Errata to 
Energy and Internal Volume of Refrigerating Appliances, Correction 
Sheet issued November 17, 2009, IBR approved for Appendices A and B to 
Subpart B, in the interim rule is approved by the Director of the 
Office of the Federal Register as of April 15, 2011.

ADDRESSES: The public may review copies of all materials related to 
this rulemaking at the U.S. Department of Energy, Resource Room of the 
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600, 
Washington, DC, (202) 586-2945, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Please call Ms. Brenda Edwards 
at the above telephone number for additional information regarding 
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Subid Wagley, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121, 202-287-1414, e-mail: <a href="/cdn-cgi/l/email-protection#e5b690878c81cbb2848289809ca58080cb818a80cb828a93"><span class="__cf_email__" data-cfemail="e9ba9c8b808dc7be888e858c90a98c8cc78d868cc78e869f">[email protected]</span></a> or Mr. 
Michael Kido, U.S. Department of Energy, Office of the General Counsel, 
GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-0121. 
Telephone: (202) 586-8145. E-mail: <a href="/cdn-cgi/l/email-protection#4b062228232a2e276500222f240b233a652f242e652c243d"><span class="__cf_email__" data-cfemail="3f72565c575e5a531174565b507f574e115b505a11585049">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This final rule and interim final rule 
incorporate by reference into part 430 the following industry 
standards:
    (1) ANSI/AHAM HRF-1-1979, (Revision of ANSI B38.1-1970), (``HRF-1-
1979''), American National Standard, Household Refrigerators, 
Combination Refrigerator-Freezers and Household Freezers, approved May 
17, 1979;
    (2) AHAM Standard HRF-1-2008, (``HRF-1-2008''), Association of Home 
Appliance Manufacturers, Energy and Internal Volume of Refrigerating 
Appliances (2008), including Errata to Energy and Internal Volume of 
Refrigerating Appliances, Correction Sheet issued November 17, 2009.
    You can purchase copies of AHAM standards from the Association of 
Home Appliance Manufacturers, 1111 19th Street, NW., Suite 402, 
Washington, DC 20036, 202-872-5955, or http://www.aham.org.
    You can also view copies of these standards at the U.S. Department 
of Energy, Resource Room of the Building Technologies Program, 950 
L'Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586-2945, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

Table of Contents

I. Background and Authority
II. Summary of the Final Rule and Interim Final Rule
III. Discussion
    A. Products Covered by the Proposed Revisions
    B. Combination Wine Storage-Freezer Units
    C. Establishing New Appendices A and B, and Compliance Dates for 
the Amended Test Procedures
    D. Amendments To Take Effect Prior to a New Energy Conservation 
Standard
    1. Procedures for Test Sample Preparation
    2. Product Clearances to Walls During Testing
    3. Alternative Compartment Temperature Sensor Locations
    4. Median Temperature Settings for Electronic Control Products 
and Establishment of Dual Standardized Temperatures

[[Page 78811]]

    5. Test Procedures for Convertible Compartments and Special 
Compartments
    6. Establishing a Temperature-Averaging Procedure for Auxiliary 
Compartments
    7. Modified Definition for Anti-Sweat Heater
    8. Applying the Anti-Sweat Heater Switch Averaging Credit to 
Energy Use Calculations
    9. Incorporation of Test Procedures for Products With Variable 
Anti-Sweat Heating Control Waivers
    10. Elimination of Part 3 of the Variable Defrost Test
    11. Corrections and Other Test Procedure Language Changes
    12. Including in Certification Reports Basic Information 
Clarifying Energy Measurements
    13. Rounding Off Energy Test Results
    E. Amendments To Take Effect Simultaneously With a New Energy 
Conservation Standard
    1. Modification of Long-Time and Variable Defrost Test Method To 
Capture Precooling and Temperature-Recovery Energy
    2. Establishing Test Procedures for Multiple Defrost Cycle Types
    3. Incorporating by Reference AHAM Standard HRF-1-2008 for 
Measuring Energy and Internal Volume of Refrigerating Appliances
    4. Establishing New Compartment Temperatures
    5. Establishing New Volume Calculation Method
    6. Control Settings for Refrigerators and Refrigerator-Freezers 
During Testing
    7. Icemakers and Icemaking
    F. Other Issues
    1. Electric Heaters
    2. Vacuum Insulation Panel Performance
    3. Metric Units
    G. Compliance With Other EPCA Requirements
    1. Test Burden
    2. Potential Amendments To Include Standby and Off Mode Energy 
Consumption
    3. Addressing Changes in Measured Energy Use
IV. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
V. Approval of the Office of the Secretary

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 
6291, et seq.; ``EPCA'' or, ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency. (All references to 
EPCA refer to the statute as amended through the Energy Independence 
and Security Act of 2007 (EISA 2007), Pub. L. 110-140 (Dec. 19, 2007)). 
Part B of title III (42 U.S.C. 6291-6309), which was subsequently 
redesignated as Part A for editorial reasons, establishes the ``Energy 
Conservation Program for Consumer Products Other Than Automobiles.'' 
Refrigerators, refrigerator-freezers, and freezers (collectively 
referred to below as ``refrigeration products'') are all treated as 
``covered products'' under this Part. (42 U.S.C. 6291(1)-(2) and 
6292(a)(1)). Under the Act, this program consists essentially of three 
parts: (1) Testing, (2) labeling, and (3) Federal energy conservation 
standards. The testing requirements consist of test procedures that 
manufacturers of covered products must use (1) as the basis for 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted under EPCA, and (2) for making 
representations about the efficiency of those products. Similarly, DOE 
must use these test requirements to determine whether the products 
comply with any relevant standards promulgated under EPCA.
    By way of background, the National Appliance Energy Conservation 
Act of 1987 (NAECA), Public Law 100-12, amended EPCA by including, 
among other things, performance standards for residential refrigeration 
products. (42 U.S.C. 6295(b)). On November 17, 1989, DOE amended these 
performance standards for products manufactured on or after January 1, 
1993. 54 FR 47916. DOE subsequently published a correction to revise 
these new standards for three product classes. 55 FR 42845 (October 24, 
1990). DOE again updated the performance standards for refrigeration 
products on April 28, 1997, for products manufactured on or after July 
1, 2001. 62 FR 23102.
    EISA 2007 amended EPCA to require DOE to determine by December 31, 
2010, whether amending the energy conservation standards in effect for 
refrigeration products would be justified. (42 U.S.C. 6295(b)(4)). To 
comply with this requirement, DOE began a new rulemaking to examine the 
potential adoption of new energy conservation standards for these 
products. 75 FR 59470 (Sept. 27, 2010) (hereafter, ``standards NOPR''). 
On September 18, 2008, DOE issued a framework document to initiate that 
rulemaking. 73 FR 54089. On September 29, 2008, DOE held a public 
workshop to discuss the framework document and issues related to the 
rulemaking. The framework document identified several test procedure 
issues, including: (1) Compartment temperature changes; (2) modified 
volume calculation methods; (3) products that deactivate energy-using 
features during energy testing; (4) variable anti-sweat heaters; (5) 
references to the updated AHAM Standard HRF-1-2008, (``HRF-1-2008''), 
Association of Home Appliance Manufacturers, Energy and Internal Volume 
of Refrigerating Appliances (2008), including Errata to Energy and 
Internal Volume of Refrigerating Appliances, Correction Sheet issued 
November 17, 2009; (6) convertible compartments; and (7) harmonization 
with international test procedures. (``Energy Conservation Standards 
Rulemaking Framework Document for Residential Refrigerators, 
Refrigerator-Freezers, and Freezers,'' RIN 1904-AB79, Docket No. EERE-
2008-BT-STD-0012) DOE initiated this test procedure rulemaking in part 
to address these issues, and published a notice of proposed rulemaking 
on May 27, 2010, hereafter referred to as ``the NOPR.'' 75 FR 29824.
    In response to issue (3) mentioned above as applied to automatic 
icemakers, DOE separately published a guidance document addressing 
various aspects related to the icemaker, including the manner in which 
to measure icemaking energy usage as well as set-up issues during 
testing. (``Additional Guidance Regarding Application of Current 
Procedures for Testing Energy Consumption of Refrigerator-Freezers with 
Automatic Ice Makers,'' (December 18, 2009) published at 75 FR 2122 
(January 14, 2010)).

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that ``[a]ny test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results which measure energy efficiency, 
energy use * * * or estimated annual operating cost of a covered 
product during a representative average use cycle or period of use, as 
determined by the Secretary [of Energy], and shall not be unduly 
burdensome to conduct.'' (42 U.S.C. 6293(b)(3)).

[[Page 78812]]

    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments. (42 U.S.C. 
6293(b)(2)). When considering amending a test procedure, DOE must 
determine ``to what extent, if any, the proposed test procedure would 
alter the * * * measured energy use * * * of any covered product as 
determined under the existing test procedure.'' (42 U.S.C. 6293(e)(1)). 
If DOE determines that the amended test procedure would alter the 
measured energy use of a covered product, DOE must also amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2)).
    With respect to today's rulemaking, DOE has determined that five of 
the amendments it is adopting (compartment temperature changes 
(described in section III.E.4), volume calculation method changes 
(described in section III.E.5), amendments to capture precooling and 
partial recovery energy use (described in section III.E.1), amendments 
in the test procedures for special compartments using heat addition to 
control temperature (described in section III.D.5), and new test 
procedures that address products with a single compressor with multiple 
evaporators with active defrost cycles (described in section III.E.2)) 
will change the measured energy use of refrigeration products when 
compared to the current test procedure. In such situations, EPCA 
requires a standards rulemaking to address such changes in measured 
energy efficiency. (42 U.S.C. 6293(e)(2)). DOE is considering the 
impacts of these changes as part of its standards rulemaking for 
refrigeration products, noted above.
    Today's rule also fulfills DOE's obligation to periodically review 
its test procedures under 42 U.S.C. 6293(b)(1)(A). DOE anticipates that 
its next evaluation of this test procedure will occur in a manner 
consistent with the timeline set out in this provision.

Refrigerators and Refrigerator-Freezers

    DOE's test procedures for refrigerators and refrigerator-freezers 
are found at 10 CFR part 430, subpart B, appendix A1. DOE initially 
established its test procedures for refrigerators and refrigerator-
freezers in a final rule published in the Federal Register on September 
14, 1977. 42 FR 46140. Industry representatives viewed these test 
procedures as too complex and eventually developed alternative test 
procedures in conjunction with AHAM that were incorporated into the 
1979 version of HRF-1, ``Household Refrigerators, Combination 
Refrigerator-Freezers, and Household Freezers'' (HRF-1-1979). Using 
this industry-created test procedure, DOE revised its test procedures 
on August 10, 1982. 47 FR 34517. On August 31, 1989, DOE published a 
final rule establishing test procedures for variable defrost control (a 
system that varies the time intervals between defrosts based on the 
defrost need), dual-compressor refrigerator-freezers, and freezers 
equipped with ``quick-freeze'' (a manually-initiated feature that 
bypasses the thermostat and runs the compressor continuously until 
terminated). 54 FR 36238. DOE most recently amended these test 
procedures in a final rule published March 7, 2003, which modified the 
test period used for products equipped with long-time automatic defrost 
or variable defrost. 68 FR 10957. The term ``long-time automatic 
defrost'' identifies the use of an automatic defrost control in which 
successive defrosts are separated by more than 14 hours of compressor 
run time. The test procedures include provisions for determining the 
annual energy use in kilowatt-hours (kWh) and the annual operating cost 
for electricity for refrigerators and refrigerator-freezers.
    Also, consistent with the regulations set out in 10 CFR part 430, 
the 1989 and 2003 final rules terminated all the previous refrigerator 
and refrigerator-freezer test procedure waivers that DOE had previously 
granted to manufacturers before the issuance of the 2003 rule. Since 
the issuance of that rule, DOE has granted 11 waivers, which fall into 
two broad groupings. First, on April 24, 2007, DOE granted a waiver to 
Liebherr Hausger[auml]te (Liebherr waiver), permitting testing of a 
combination wine storage-freezer line of appliances using a 
standardized temperature of 55 [deg]F for the wine storage compartment, 
as opposed to the 45 [deg]F temperature prescribed for fresh food 
compartments of refrigerators and refrigerator-freezers. 72 FR 20333, 
20334.
    Second, DOE has granted 10 waivers allowing manufacturers to use a 
modified procedure to test refrigeration products that use ambient 
condition sensors that adjust anti-sweat heater power consumption. 
These variable anti-sweat heaters prevent condensation on the external 
surfaces of refrigerators and refrigerator-freezers. The new control 
addressed by the waivers uses sensors that detect ambient conditions to 
energize the heaters only when needed. The procedure described by these 
waivers provides a method for manufacturers to determine the energy 
consumed by a refrigerator using this type of variable control system. 
The first of these waivers was granted to the General Electric Company 
(GE) on February 27, 2008. 73 FR 10425. The full set of such waivers is 
summarized in Table I.1 below.

                              Table I.1--Variable Anti-Sweat Heater Control Waivers
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                                                                                               Federal Register
          Manufacturer               Waiver status           Case No.             Date             citation
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GE..............................  Granted............  RF-007                     2/27/2008  73 FR 10425
Whirlpool.......................  Granted............  RF-008                      5/5/2009  74 FR 20695
Electrolux......................  Granted............  RF-009                    12/15/2009  74 FR 66338
Electrolux......................  Granted............  RF-010                     3/11/2010  75 FR 11530
Samsung.........................  Granted............  RF-011                     3/18/2010  75 FR 13120
Electrolux......................  Granted............  RF-012                     4/29/2010  75 FR 22584
Haier...........................  Granted............  RF-013                      6/7/2010  75 FR 32175
Samsung.........................  Granted............  RF-014                      8/3/2010  75 FR 45623
GE..............................  Granted............  RF-015                     8/19/2010  75 FR 51262
LG..............................  Granted............  RF-016                     8/19/2010  75 FR 51264
----------------------------------------------------------------------------------------------------------------

    After granting a waiver, DOE regulations generally direct the 
agency to initiate a rulemaking that would amend the regulations to 
eliminate the continued need for the waiver. 10 CFR 430.27(m). This 
rulemaking addresses this requirement. Once today's final rule becomes 
effective, any waivers it addresses will terminate.

Freezers

    DOE's test procedures for freezers are found at 10 CFR part 430, 
subpart B, appendix B1. DOE established its test

[[Page 78813]]

procedures for freezers in a final rule published in the Federal 
Register on September 14, 1977. 42 FR 46140. As with DOE's test 
procedures for refrigerators and refrigerator-freezers, industry 
representatives viewed the freezer test procedures as too complex and 
worked with AHAM to develop alternative test procedures, which were 
incorporated into the 1979 version of HRF-1. DOE revised its test 
procedures for freezers based on this AHAM standard on August 10, 1982. 
47 FR 34517. The August 31, 1989, final rule mentioned above 
established test procedures for freezers with variable defrost control 
and freezers with the quick-freeze feature. 54 FR 36238. The test 
procedures were amended on September 20, 1989, to correct the effective 
date published in the August 31, 1989 rule. 54 FR 38788. The current 
test procedures include provisions for determining the annual energy 
use in kWh and annual electrical operating costs for freezers.
    DOE has not issued any waivers from the freezer test procedures 
since the promulgation of the 1989 final rule.

Current Refrigeration Product Test Procedure Rulemaking

    The NOPR for this rulemaking was published on May 27, 2010. 75 FR 
29824. The public meeting was held June 22, 2010. At the meeting, DOE 
discussed the NOPR, detailed the proposed revisions, and solicited oral 
comments from meeting participants. Numerous stakeholders attended the 
meeting and/or provided written comments. These parties are identified 
in Table I.2 below.

                         Table I.2--Stakeholders That Submitted Oral or Written Comments
----------------------------------------------------------------------------------------------------------------
                                                                                          Oral         Written
                    Name                                Acronym               Type*     comments      comments
----------------------------------------------------------------------------------------------------------------
AcuTemp/ThermoCor..........................  ThermoCor....................         CS                  [bcheck]
American Council for an Energy Efficient     ACEEE........................       EA      [bcheck]      [bcheck]
 Economy.
Association of Home Appliance Manufacturers  AHAM.........................       IR      [bcheck]      [bcheck]
California Investor-Owned Utilities........  IOUs.........................        U                    [bcheck]
Earthjustice...............................  Earthjustice.................       EA      [bcheck]      [bcheck]
Electrolux Major Appliances North America..  Electrolux...................        M      [bcheck]      [bcheck]
Energy Solutions for California Investor-    IOUs.........................        U      [bcheck]
 Owned Utilities.
Fisher & Paykel Appliances Ltd.............  Fisher & Paykel..............        M                    [bcheck]
General Electric Consumer and Industrial...  GE...........................        M      [bcheck]      [bcheck]
NanoPore Insulation, LLC...................  NanoPore.....................         CS                  [bcheck]
National Institute of Standards and          NIST.........................       TE      [bcheck]
 Technology.
Natural Resources Defense Council..........  NRDC.........................       EA      [bcheck]      [bcheck]
People's Republic of China WTO/TBT National  PRC..........................       FG                    [bcheck]
 Notification & Enquiry Center.
Sanyo E&E Corporation......................  Sanyo........................        M      [bcheck]
Sub Zero-Wolf, Inc.........................  Sub Zero.....................        M      [bcheck]      [bcheck]
Whirlpool Corporation......................  Whirlpool....................        M      [bcheck]      [bcheck]
Penfield Appliances........................  Penfield.....................        I   ............     [bcheck]
----------------------------------------------------------------------------------------------------------------
* IR: Industry Representative; M: Manufacturer; EA: Efficiency/Environmental Advocate; CS: Component Supplier:
  TE: Technical Expert: I: Individual; U: Utility; FG: Foreign Government Agency.

II. Summary of the Final Rule and Interim Final Rule

    The final rule amends the current DOE test procedures for 
refrigeration products. These changes will not affect measured energy 
use of these products. Instead they will primarily clarify the manner 
in which to test for compliance with the current energy conservation 
standards. As indicated in greater detail below, these amendments apply 
to the current procedures in Appendices A1 and B1, to the definitions 
set forth in 10 CFR 430.2, to the current procedures in 10 CFR 430.23. 
These minor amendments will eliminate any potential ambiguity contained 
in these sections of the test procedures and clarify the regulatory 
text to ensure that regulated entities fully understand the long-
standing views and interpretations that the Department holds with 
respect to the application and implementation of the test procedures. 
The current procedures are also being amended to help account for, 
among other things, the various waivers granted by DOE. The final rule 
also makes a minor change to the text of 10 CFR 430.32(a) in order to 
ensure consistency with the test procedure amendments.
    The interim final rule establishes comprehensive changes to the 
manner in which the procedures are conducted by creating new Appendices 
A and B. These appendices include the modifications being adopted today 
as part of the modified Appendices A1 and B1 prescribed in this 
regulation. The procedures contained in the new Appendices A and B 
apply only to those products that would be covered by any new standard 
that DOE promulgates and are organized separately from the current test 
procedures found in Appendices A1 and B1. DOE will retain current 
Appendices A1 and B1 for this interim final rulemaking to cover 
products manufactured before any new standards DOE is currently 
considering would need to be met. However, once manufacturers are 
required to comply with any new standards, those appendices will be 
replaced by Appendices A and B, respectively.
    The final rule amendments discussed in this notice will take effect 
30 days after publication of this final rule. However, manufacturers do 
not need to use the new versions of Appendices A1 and B1 for testing to 
verify compliance with the energy standards until 180 days from the 
final rule's publication. The interim final rule will take effect 120 
days after date of publication of this final rule. Manufacturers will 
not need to use the new Appendices A and B until the compliance date 
for the 2014 standards that DOE is considering. The date of compliance 
with those new standards has been set by Congress through EISA 2007 
(i.e. January 1, 2014). See EISA 2007, sec. 311(a)(3) (42 U.S.C. 
6295(b)(4)). In order to ensure that new Appendices A and B adequately 
address the new energy standards currently under development, DOE is 
issuing these appendices on an interim final basis and offering an 
additional 60 day comment period.
    The revised Appendices A1 and B1 achieve three primary goals. 
First, they address certain issues raised throughout

[[Page 78814]]

the standards rulemaking. Second, they incorporate test procedures for 
refrigerator-freezers with variable anti-sweat heater controls that 
were the subject of test procedure waivers and interim waivers granted 
to GE and other manufacturers. Finally, the amendments clarify the test 
procedures for addressing special compartments and those refrigeration 
products that are equipped with more than one fresh food compartment or 
more than one freezer compartment.
    The revisions also address areas of potential inconsistency in the 
current procedure, and eliminate an optional test that DOE understands 
is not used by the industry. None of these changes is expected to 
result in any change in measured energy efficiency or energy use of 
refrigeration products.
    The additional test procedure revisions in the new Appendices A and 
B would (1) include new compartment temperatures and volume adjustment 
factors,\1\ (2) include new methods for measuring compartment volumes, 
(3) modify the long-time automatic defrost test procedure to ensure 
that the test procedure measures all energy use associated with the 
defrost function, and (4) establish test procedures for products with a 
single compressor and multiple evaporators with active defrost cycles. 
The first two of these amendments will improve harmonization with 
relevant international standards and assure test repeatability. The 
compartment temperature changes will significantly impact the energy 
use measured by the test for refrigerators and refrigerator-freezers. 
The temperature changes will also affect the calculated adjusted 
volume, which is equal to the fresh food compartment volume plus a 
temperature-dependent adjustment factor multiplied by the freezer 
compartment volume. The new volume calculation method will affect the 
calculation for compartment volumes and adjusted volume for all 
refrigeration products. Since the standards for refrigeration products 
are expressed as equations that specify maximum energy use as a 
function of adjusted volume, the modifications impact the allowable 
energy use for all of these products. The changes also affect the 
energy factor, which is equal to adjusted volume divided by daily 
energy consumption.
---------------------------------------------------------------------------

    \1\ Volume adjustment factors are used in calculation of the 
adjusted volume, which is the basis for the energy conservation 
standard equations for refrigeration products.
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    The final rule also discusses the combination wine storage-freezer 
products that were the subject of the Liebherr waiver. DOE expects to 
propose modified product definitions to include coverage of wine 
storage products in a separate future rulemaking. This final rule 
treats wine coolers and other hybrid products that combine wine storage 
compartments with freezer or fresh food compartments in a consistent 
manner, by modifying the definition of electric refrigerator-freezer to 
require compartment temperatures in the fresh food compartment that 
effectively exclude combination wine storage-freezer products from 
coverage.
    Lastly, the interim final rule also addresses the measurement of 
icemaking energy use. This measurement adds a fixed value to account 
for the energy used to produce ice in refrigeration products that are 
equipped with automatic icemakers. However, DOE intends to support 
development in 2011 of a test procedure for measurement of icemaker 
energy use and to initiate in 2012 a test procedure rulemaking to 
incorporate the new measurement into the refrigeration product test 
procedure. The icemaker energy use addition, which is included only in 
the new Appendices A and B, will improve the consistency of the 
measurement with the representative use cycle for such products.

III. Discussion

    Table III.1 below summarizes the subsections of this section and 
indicates where the amendments would appear in the CFR. Seven of the 
subsections address changes in the CFR other than in appendices A1, B1, 
A, or B, and six of the subsections have no test procedure changes 
associated with them. Section E addresses the amendments that are part 
of the interim final rule. In addition, two of the interim final rule 
amendments are addressed in parts of section III.D (in sections III.D.2 
and III.D.5). The remaining sections address the amendments that are 
part of the final rule.

                                      Table III.1--Section III Subsections
----------------------------------------------------------------------------------------------------------------
                                                                                          Appendices
             Section                       Title             Affected CFR    -----------------------------------
                                                               sections          A1       B1       A        B
----------------------------------------------------------------------------------------------------------------
A................................  Products Covered by   430.2..............                  NA
                                    the Proposed
                                    Revisions.
----------------------------------------------------------------------------------------------------------------
B................................  Combination Wine      430.2..............                  NA
                                    Storage-Freezer
                                    Units.
----------------------------------------------------------------------------------------------------------------
C................................  Establishing New      Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    Appendices A and B,                             ]        ]        ]        ]
                                    and Compliance
                                    Dates for the
                                    Amended Test
                                    Procedures.
D.1..............................  Procedures for Test   430.23, Subpt. B...  [bcheck  [bcheck  [bcheck  [bcheck
                                    Sample Preparation.                             ]        ]        ]        ]
D.2..............................  Product Clearance     Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    Distances to Walls                              ]        ]        ]        ]
                                    During Testing.
D.3..............................  Alternative           New pt. 429*,        [bcheck  [bcheck  [bcheck  [bcheck
                                    Compartment           Subpt. B.                 ]        ]        ]        ]
                                    Temperature Sensor
                                    Locations.
D.4..............................  Median Temperature    Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    Settings for                                    ]        ]        ]        ]
                                    Electronic Control
                                    Products and
                                    Establishment of
                                    Dual Standardized
                                    Temperatures.
D.5..............................  Test Procedures for   Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    Convertible                                     ]        ]        ]        ]
                                    Compartments and
                                    Special
                                    Compartments.
D.6..............................  Establishing a        Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    Temperature-                                    ]        ]        ]        ]
                                    Averaging Procedure
                                    for Auxiliary
                                    Compartments.

[[Page 78815]]

 
D.7..............................  Modified Definition   Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    for Anti-Sweat                                  ]        ]        ]        ]
                                    Heater.
----------------------------------------------------------------------------------------------------------------
D.8..............................  Applying the Anti-    430.23.............                  NA
                                    Sweat Heater Switch
                                    Averaging Credit to
                                    Energy Use
                                    Calculations.
----------------------------------------------------------------------------------------------------------------
D.9..............................  Incorporation of      Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    Test Procedures for                             ]        ]        ]        ]
                                    Products with
                                    Variable Anti-Sweat
                                    Heating Control
                                    Waivers.
D.10.............................  Elimination of Part   Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    3 of the Variable                               ]        ]        ]        ]
                                    Defrost Test.
D.11.............................  Simplification of     Subpt. B...........  [bcheck  [bcheck  [bcheck  [bcheck
                                    Energy Use Equation                             ]        ]        ]        ]
                                    for Products with
                                    Variable Defrost
                                    Control.
                                   Energy Testing and    Subpt. B...........  [bcheck           [bcheck
                                    Energy Use Equation                             ]                 ]
                                    for Products with
                                    Dual Automatic
                                    Defrost.
                                   Freezer Variable      Subpt. B...........           [bcheck           [bcheck
                                    Defrost.                                                 ]                 ]
----------------------------------------------------------------------------------------------------------------
D.12.............................  Including in          New pt. 429*.......                  NA
                                    Certification
                                    Reports Basic
                                    Information
                                    Clarifying Energy
                                    Measurements.
----------------------------------------------------------------------------------------------------------------
D.13.............................  Rounding Off Energy   430.23, 430.32(a)..                  NA
                                    Test Results.
----------------------------------------------------------------------------------------------------------------
E.1..............................  Modification of Long- Subpt. B...........                    [bcheck  [bcheck
                                    Time and Variable                                                 ]        ]
                                    Defrost Test Method
                                    to Capture
                                    Precooling and
                                    Temperature-
                                    Recovery Energy.
E.2..............................  Establishing Test     Subpt. B...........                    [bcheck
                                    Procedures for                                                    ]
                                    Multiple Defrost
                                    Cycle Types.
E.3..............................  Incorporating by      Subpt. B...........                    [bcheck  [bcheck
                                    Reference AHAM                                                    ]        ]
                                    Standard HRF-1-2008
                                    for Measuring
                                    Energy and Internal
                                    Volume of
                                    Refrigerating
                                    Appliances.
E.4..............................  Establishing New      Subpt. B...........                    [bcheck  [bcheck
                                    Compartment                                                       ]        ]
                                    Temperatures.
E.5..............................  Establishing New      Subpt. B...........                    [bcheck  [bcheck
                                    Volume Calculation                                                ]        ]
                                    Method.
E.6..............................  Control Settings for  Subpt. B...........                    [bcheck  [bcheck
                                    Refrigerators and                                                 ]        ]
                                    Refrigerator-
                                    Freezers During
                                    Testing.
E.7..............................  Icemakers and         Subpt. B...........                    [bcheck  [bcheck
                                    Icemaking.                                                        ]        ]
F.1..............................  Electric Heaters....    No changes to the regulatory language are associated
                                                                   with these sections of the Final Rule
F.2..............................  Vacuum Insulation
                                    Panel Performance.
F.3..............................  Metric Units
G.1..............................  Test Burden
G.2..............................  Potential Amendments
                                    to Include Standby
                                    and Off Mode Energy
                                    Consumption.
G.3..............................  Addressing Changes
                                    in Measured Energy
                                    Use.
----------------------------------------------------------------------------------------------------------------
 * See the Certification, Compliance, and Enforcement (CCE) NOPR, 75 FR 56796 (September 16, 2010). The changes
  discussed in section III.D.12 are discussed here but not included in this final rule--they will instead be
  implemented in the CCE rulemaking.

A. Products Covered by the Proposed Revisions

    The NOPR solicited comments regarding certain definitions related 
to refrigeration products. In particular, DOE sought comment regarding 
a proposed modification to the electric refrigerator-freezer definition 
that would clarify that the fresh food compartments of these products 
are designed for the refrigerated storage of food at temperatures above 
32 [deg]F and below 39 [deg]F. DOE proposed this change to address the 
coverage of combination wine storage-freezer products (i.e. to exclude 
them from coverage as electric refrigerator-freezers), and to improve 
consistency with the current definition for electric refrigerators. 75 
FR 29828-29829.
    Additionally, while DOE did not propose specific changes to the 
electric refrigerator definition, the agency solicited comments on 
possible improvements to enhance the definition's clarity. Most of 
these comments addressed concerns about the 32 [deg]F to 39 [deg]F 
temperature range, already part of the electric refrigerator 
definition, that DOE proposed in the NOPR to apply also to the electric 
refrigerator-freezer definition. These comments, applicable to both 
definitions, are discussed in section III.B below.
    AHAM also recommended that any changes to the definition for 
``electric refrigerator'' and/or ``electric refrigerator-freezer'' 
should also be made in the related Federal Trade Commission (FTC) 
Energy Guide labeling rules in order to ensure consistency across all 
government agencies. (AHAM, No. 16.1 at p. 4) DOE notes that to achieve

[[Page 78816]]

consistency, the FTC would need to update the definitions of ``electric 
refrigerator'' and ``electric refrigerator-freezer'' in 16 CFR part 
305.2. DOE will work with FTC to ensure that consistency is maintained 
between the two sets of regulations.
    With respect to freezers, DOE notes that its regulations currently 
define a freezer as ``a cabinet designed as a unit for the freezing and 
storage of food at temperatures of 0 [deg]F or below, and having a 
source of refrigeration requiring single phase, alternating current 
electric energy input only.'' 10 CFR 430.2. DOE did not propose 
altering this definition.
    Earthjustice commented that all products that can store frozen food 
should be covered as freezers, even if they cannot maintain temperature 
as low as 0 [deg]F. The comment pointed to walk-in freezers as an 
example, which are statutorily defined as commercial equipment that 
maintain a temperature at or below 32 [deg]F. (Earthjustice, No. 22.1 
at p. 2) See EISA 2007, sec. 312(a)(3) (codified at 42 U.S.C. 6311(20)) 
and 10 CFR 431.302. DOE could define freezers in a similar manner, and 
may consider doing so in a future rulemaking. However, several reasons 
militate against such an approach at this time.
    Although Earthjustice raised the possibility that refrigeration 
products with compartment temperatures between 0 [deg]F and 32 [deg]F 
are being sold as freezers, they provided no information regarding how 
prevalent such sales might be, which would provide justification for 
immediate action. DOE is reluctant to apply the current energy 
standards for freezers to products that provide substandard performance 
because they do not achieve the temperatures specified for freezers. 
Instead, DOE would consider establishing standards with lower maximum 
energy levels for new freezer product classes that provide warmer 
freezing temperatures. However, such an approach would require 
developing appropriate product class definitions, as well as producing 
an analysis supporting the selection of appropriate energy standards. 
In order to properly examine Earthjustice's proposed approach, DOE 
believes that a separate rulemaking would be the appropriate means of 
addressing this issue and would provide all interested parties with a 
sufficient opportunity for comment. Such a process is not in the scope 
of the current test procedure rulemaking or within the applicable 
timeframe, but DOE may consider Earthjustice's approach when it re-
examines this procedure. DOE also notes that creating such product 
classes and accompanying standards would create potential conflicts 
with the Joint Comment's proposed levels that DOE is currently 
considering as part of its separate standards rulemaking. (See Joint 
Comment, No. 20.1 at p. 2).

B. Combination Wine Storage-Freezer Units

    In its November 19, 2001, final rule, DOE amended its definition of 
electric refrigerators to exclude wine storage products. 66 FR 57845. 
DOE modified the definition to exclude products that do not maintain 
internal temperatures below 39 [deg]F to clarify that wine coolers are 
not covered by DOE's standards for refrigerators. The final rule 
explained that these products ``are configured with special storage 
racks for wine bottles and in general do not attain as low a storage 
temperature as a standard refrigerator. These characteristics make them 
unsuitable for general long-term storage of perishable foods.'' Id. at 
57846. The final rule also noted the small number of sales of these 
products and the likely absence of any significant impact from this 
approach. Id.
    When this change occurred, wine storage-freezer appliances were 
unavailable as a consumer product. Subsequently, when Liebherr 
Hausger[auml]te (Liebherr) introduced a line of wine storage-freezer 
appliances in 2005, containing both freezer and wine storage 
compartments, they could not be accurately categorized by any of the 
current DOE product classes. Because of this gap, Liebherr petitioned 
the agency for a test procedure waiver to address this product, which 
DOE granted on April 24, 2007 (Liebherr waiver). 72 FR 20333. The 
waiver specified that testing shall be conducted following the test 
procedure for refrigerator-freezers, except that the standard 
temperature for the wine-storage compartment shall be 55 [deg]F. Id. at 
20334.
    DOE believes that the arguments made in favor of excluding wine 
storage products from the definition of electric refrigerators also 
apply to combination appliances such as these wine storage-freezer 
appliances. Consequently, in the NOPR, DOE proposed modifying the 
definition of refrigerator-freezer to exclude products which combine a 
freezer and a wine storage compartment. 75 FR 29829. The proposed 
definition invoked the same clause used in the refrigerator definition, 
``designed for the refrigerated storage of food at temperatures above 
32 [deg]F and below 39 [deg]F'', which would be applied to any fresh 
food compartments of refrigerator-freezers. Id.
    AHAM, NRDC, Sub-Zero and Whirlpool all agreed with the principle of 
excluding such products from the refrigerator-freezer definition (AHAM, 
No. 16.1 at p. 10; NRDC No. 21.1 at p. 5; Sub-Zero, Public Meeting 
Transcript, No. 10 at p. 32; Whirlpool No. 12.1 at p. 6). However, 
ACEEE, AHAM, Sub-Zero, and Whirlpool all opposed the wording of the 
temperature range clause, commenting that this change appears to 
exclude all products that have the capability of temperatures warmer 
than 39 [deg]F in the fresh food compartment. In their view, this 
exclusion would be inappropriate. (ACEEE, No. 19.1 at p.1; AHAM, No. 
16.1 at p. 4; AHAM, Public Meeting Transcript, No. 10 at p. 24; 
Whirlpool, Public Meeting Transcript, No. 10 at p. 27-28; Sub-Zero, 
Public Meeting Transcript, No. 10 at p. 32; Whirlpool, No. 12.1 at p. 
1) Whirlpool suggested that the definition impose a 39 [deg]F maximum 
when the controls are set in the coldest position. (Whirlpool, No. 10 
at pp. 27-28; Whirlpool, No. 12.1 at p. 1)
    As mentioned above, the clause, ``designed for the refrigerated 
storage of food at temperatures above 32 [deg]F and below 39 [deg]F'' 
was added to the electric refrigerator definition in 2001 to clarify 
that wine storage products are not refrigerators, since wine storage 
products are designed for warmer temperatures, and generally cannot 
achieve temperatures below 39 [deg]F with temperature controls set in 
their coldest positions. 66 FR 57845.
    DOE does not intend to exclude from coverage those refrigeration 
products that are capable of controlling fresh food compartments at 
temperatures cooler than 39 [deg]F at cold settings and warmer than 39 
[deg]F at warm settings, including those currently available on the 
market characterized as wine storage products. In response to these 
comments and to prevent the inadvertent exclusion of products, DOE is 
adjusting the definitions of both ``electric refrigerator'' and 
``electric refrigerator-freezer'' to clarify that temperature control 
above 39 [deg]F is not a basis for exclusion from the definition. DOE 
will replace the temperature-range clause highlighted by stakeholders 
with ``designed to be capable of achieving storage temperatures above 
32 [deg]F and below 39 [deg]F''. The words ``designed to be capable'' 
are intended to clarify that (1) the product can achieve temperatures 
below 39 [deg]F, but that temperatures above 39 [deg]F do not 
disqualify it from the definition, and (2) that a poorly constructed 
product that happens to be incapable of actually achieving the 39 
[deg]F is not excluded from coverage. Also, the specification of 
``storage temperatures'' clarifies that the storage areas of the

[[Page 78817]]

product are subject to the 39 [deg]F temperature requirement, rather 
than, for example, the evaporator, which may be somewhat colder during 
compressor operation. The storage temperature is distinct from 
``compartment temperature'', which has a specific meaning as described 
in 10 CFR part 430, subpart B, appendix A1, section 5.1.2. In 
particular, storage temperature is not subject to the requirements for 
averaging of temperature sensors within the compartment. DOE further 
notes that the definition does not specify the ambient conditions for 
which the storage temperature range applies. Hence, a product that 
achieves the storage temperature range in a 70 [deg]F ambient but not 
during a 90 [deg]F energy test is not excluded from coverage.
    Stakeholders also raised a related issue. AHAM asked if DOE had a 
proposal addressing combination wine storage-refrigerators, which Sanyo 
confirmed as having already been commercialized. (AHAM, Public Meeting 
Transcript, No. 10 at pp. 30-31; Sanyo, Public Meeting Transcript, No. 
10 at pp. 33-34) DOE had been unaware of such products and had not 
developed a proposal to address them. In light of potential coverage 
concerns, DOE is treating these combination products as covered 
products. DOE is concerned that removing such combination products from 
coverage could create a potentially significant gap within its 
regulatory program that could, in turn, undermine the Department's 
efforts to improve the energy efficiency of consumer appliances. 
Manufacturers of products that cannot meet the required testing 
conditions prescribed by today's rule would, as currently required, 
need to avail themselves of the waiver regulations in 10 CFR 430.27. 
DOE intends, however, to address such wine storage-refrigeration 
combination products further in a separate rulemaking.
    In light of these comments and concerns, DOE has modified its 
``electric refrigerator'' definition to read as follows:
    Electric refrigerator means a cabinet designed for the refrigerated 
storage of food, designed to be capable of achieving storage 
temperatures above 32 [deg]F (0 [deg]C) and below 39 [deg]F (3.9 
[deg]C), and having a source of refrigeration requiring single phase, 
alternating current electric energy input only. An electric 
refrigerator may include a compartment for the freezing and storage of 
food at temperatures below 32[deg]F (0 [deg]C), but does not provide a 
separate low temperature compartment designed for the freezing and 
storage of food at temperatures below 8 [deg]F (-13.3 [deg]C).
    DOE is also modifying its definition for ``electric refrigerator-
freezer'' in a similar fashion to read as follows:
    Electric refrigerator-freezer means a cabinet which consists of two 
or more compartments with at least one of the compartments designed for 
the refrigerated storage of food and designed to be capable of 
achieving storage temperatures above 32 [deg]F (0 [deg]C) and below 39 
[deg]F (3.9 [deg]C), and with at least one of the compartments designed 
for the freezing and storage of food at temperatures below 8 [deg]F (-
13.3 [deg]C) which may be adjusted by the user to a temperature of 0 
[deg]F (-17.8 [deg]C) or below. The source of refrigeration requires 
single phase, alternating current electric energy input only.
    These definitions exclude products with wine storage or other 
compartments that cannot attain temperatures suitable for fresh food 
storage.
    The Liebherr waiver will terminate on the effective date of this 
final rule, as indicated in the waiver. 72 FR 20333 (April 24, 2007). 
To the extent that the products covered by this waiver do not meet the 
definition of electric refrigerator and electric refrigerator-freezer, 
DOE plans to address these wine storage and related refrigeration 
products in a separate rulemaking.
    Finally, the Department clarifies that this final rule excludes 
most wine storage products because they are designed to be incapable of 
attaining temperatures suitable for fresh food storage (i.e., those 
temperatures below 39 [deg]F) and not because they store beverages 
rather than solid food. Although EPCA does not define the term 
``food,'' a number of other federal statutes define ``food'' to include 
beverages. See 21 U.S.C. 321(f) (defining ``food'' in the Federal Food, 
Drug, and Cosmetic Act to include ``articles used for food or drink for 
man or other animals''; 15 U.S.C. 55(b) (using same definition in the 
false advertising context); 42 U.S.C. 1791(b)(4) (defining ``food'' in 
the Bill Emerson Good Samaritan Food Donation Act as ``any raw, cooked, 
processed, or prepared edible substance, ice, beverage, or ingredient 
used or intended for use in whole or in part for human consumption.'') 
DOE believes that including beverages--such as milk, juice, wine and 
beer--within the meaning of the term ``food'' is likewise appropriate 
in the context of defining refrigeration products for purposes of the 
Federal energy conservation standards. Thus, those beverage storage 
products, including wine chillers, beer refrigerators, or other 
beverage refrigeration products, that are designed to be capable 
operating with storage temperatures below 39 [deg]F are, and would 
continue to be treated as, refrigerators and would continue to remain 
subject to the current test procedures and energy conservation 
standards of 10 CFR part 430.

C. Establishing New Appendices A and B, and Compliance Dates for the 
Amended Test Procedures

    DOE proposed to establish new Appendices A and B. In addition, DOE 
has now separated the amendments into two sets. The first set consists 
of amendments that must be in effect before the compliance date for the 
2014 residential refrigeration products energy conservation standards. 
The second set consists of amendments that must go into effect starting 
on the compliance date for the 2014 standards. The majority of the 
first set of amendments will be implemented as part of the currently 
existing Appendices A1 and B1. (The remaining amendments in the first 
set include changes to other related sections of the CFR, such as 10 
CFR 430.2 and 430.23.) The second set of amendments appears only in new 
Appendices A and B and constitutes the interim final rule of this 
notice. These new appendices will include all of the amendments 
implemented in Appendices A1 and B1.
    As indicated earlier, while the effective date for the final rule 
amendments is 30 days after the publication of this final rule in the 
Federal Register, only the amendments to Appendices A1 and B1 and to 10 
CFR 430.2 and 430.23 have an immediate impact on manufacturers. For 
purposes of representations, under 42 U.S.C. 6293(c)(2), effective 180 
days after DOE amends a test procedure, manufacturers cannot make 
representations regarding energy use and efficiency unless the product 
was tested in accordance with the amended procedure. A manufacturer, 
distributor, retailer or private labeler may petition DOE to obtain an 
extension of time for making these representations. (42 U.S.C. 
6293(c)(3)) For the purposes of this final rule, DOE interprets the 
date of amendment to be coincident with the date of publication of the 
final rule.
    Manufacturers will need to use new Appendices A and B once they are 
required to comply with the amended energy conservation standards. 
Likewise, Appendices A and B will be mandatory for representations 
regarding energy use or operating cost of these products once 
manufacturers must

[[Page 78818]]

comply with the new energy conservation standards.
    Under EPCA, DOE must determine by December 31, 2010, whether to 
amend energy conservation standards that would apply to refrigeration 
products manufactured in 2014. DOE has proposed amending its energy 
conservation standards for these products, as required by 42 U.S.C. 
6293(e)(2). 75 FR 59470. The amended test procedures of Appendices A 
and B will be used in analyzing and finalizing the proposed standards.
    DOE received no comments opposing the approach of using the 
proposed new Appendices A and B to organize the staging of 
implementation of test procedure amendments. Therefore, the 
establishment of the new appendices remains as proposed in the NOPR. 
However, the effective date for the new appendices has been delayed 90 
days to allow time for the comment period associated with the interim 
final rule.

D. Amendments To Take Effect Prior to a New Energy Conservation 
Standard

    This section primarily addresses amendments that manufacturers must 
use prior to the compliance date for the new energy conservation 
standards. As described above, these amendments become effective in 30 
days and will be required for certifying compliance with the current 
energy conservation standards and for representation purposes for 
products sold starting in 180 days. As described for each of the 
subsections, these amendments are made in 10 CFR 430.23. 10 CFR 
430.32(a), and to the appropriate sections of Appendices A1 and B1. 
These amendments also appear in the new Appendices A and B.
    Two of the amendments discussed in this section are made only in 
Appendices A and B. These amendments are included in sections III.D.2 
and III.D.5 because they fall under the general topics of these 
subsections, which also address amendments made in Appendices A1 and 
B1.
    DOE invited comment on whether any of the proposed amendments would 
affect measured energy use and asked commenters to quantify any 
potential impacts. AHAM identified four proposed amendments that would 
have a significant impact on measured energy use: (1) The test method 
for products with variable anti-sweat heaters; (2) the test procedures 
for convertible and special compartments; (3) the modified test 
procedure for products with long-time or variable defrost to capture 
precooling energy use; and (4) the proposed changes addressing multiple 
defrost cycle types. (AHAM, No. 16.1 at p. 3). The PRC indicated that 
measured energy use would be increased by: (1) The proposed test 
procedures addressing products with variable anti-sweat heaters and (2) 
modification of test procedures for products with long-time or variable 
defrost to capture precooling energy use. (PRC, No. 15.1 at p. 4) 
Whirlpool commented that a number of the amendments proposed to take 
effect prior to the new energy conservation standards would have a 
significant impact on measured energy use, manufacturer cost, 
facilities, testing capability, lead time, or combination thereof and 
requested that they not take effect prior to January 1, 2014: (1) 
Revision of the refrigerator definition; (2) test procedures for 
convertible and special compartments; (3) test procedures for products 
with variable anti-sweat heating; (4) modification of the test 
procedure for long-time or variable defrost to capture precooling 
energy; (5) procedures for products with multiple defrost cycle types; 
(6) clarification of instructions regarding the presence of ice in the 
ice bin during testing; and (7) disallowing energy use ratings for 
products that fail to meet standardized temperatures. (Whirlpool, No. 
12.1 at p. 2)
    DOE obtained clarification from Whirlpool that all of the above-
cited proposals would affect measured energy use. Whirlpool also 
clarified how two of these proposed amendments affect measured energy 
use. The proposed refrigerator definition change would, in Whirlpool's 
view, make it impossible to set fresh food compartments at temperatures 
above 39 [deg]F during testing, as compared with current testing with 
temperatures bracketing the 45 [deg]F standardized temperature because 
the reduced compartment temperature would result in higher thermal load 
and energy use. Whirlpool also asserted that the proposed test 
procedure clarification that ice should not be in the ice bin during 
testing would change the measurement for manufacturers that currently 
test with the ice bins filled. (Whirlpool provided no evidence that any 
manufacturer tests in this fashion). (Clarification of Written Comments 
Submitted by Whirlpool Corporation, No. 35 at p. 1) The available 
information indicates otherwise--that all manufacturers test products 
without ice in the bins, due to AHAM support of the CSA Informs 
Bulletin of August 24, 2009, which discusses ``mechanically simulating 
an ice-bin-full condition that produces identical results to testing 
with a full bin of ice'' (AHAM Preliminary Proposal for Refrigerator-
Freezer Verification Program, No. 30 at p. 4). NRDC filed comments 
asking that the procedures be effective as soon as is practical but 
offered no information regarding the potential measured energy use 
impacts of the proposed amendments. (NRDC, No. 21.1 at p. 2)
    No commenter quantified the energy measurement impacts of the 
proposed amendments cited as having an impact on measurements. 
Consequently, DOE has no data or other factual information--other than 
what it developed on its own--with which to analyze the possible 
impacts flowing from its proposed amendments. Nevertheless, DOE gave 
careful consideration to these comments and made several modifications 
to its proposals to address the concerns raised by individual 
commenters. These modifications are described in detail in the sections 
that follow.
1. Procedures for Test Sample Preparation
    To make the current procedure more clear, the NOPR proposed 
changing the manner in which samples are prepared for testing. 
Specifically, DOE proposed the following:
    <bullet> Removing the text ``as nearly as practicable'' from the 
current set-up instructions that require testing set up to be in 
accordance with the printed instructions supplied with the cabinet, and 
adding specific deviations from this requirement for test repeatability 
and flexibility. This change was proposed for section 2 of Appendices 
A1, B1, A, and B in lieu of the current test procedure's reference to 
HRF-1-1979. 75 FR 29830.
    <bullet> Adding ``anti-circumvention'' language in 10 CFR 430.23(a) 
and (b). Id.
    <bullet> Requiring manufacturers to seek a waiver in those cases 
where (1) the prescribed test procedures do not yield measurements that 
would be representative of the product's energy use during normal 
consumer use, or (2) the set-up instructions are unclear. These 
requirements were proposed to be codified by portions of the proposed 
text described in the first two bullets above (in section 2 of 
Appendices A1, B1, A, and B, and in 10 CFR 430.23(a) and (b)), and by a 
new section 7 of Appendices A1, B1, A, and B. Id.
    As part of the changes described in the first bullet above, the 
NOPR proposed to add specific deviations from the installation 
instructions supplied with the product:
    (a) Not requiring the connection of water lines and installation of 
water filters during testing;
    (b) Requiring clearance requirements from product surfaces to be 
consistent

[[Page 78819]]

with those described elsewhere in the test procedure;
    (c) Requiring the use of an electric power supply as described in 
HRF-1-2008, section 5.5.1;
    (d) Applying the temperature control settings for testing as 
described in section 3 of Appendix A1, B1, A, or B but requiring the 
settings for convertible compartments and other temperature-
controllable or special compartments to be those settings that are 
described elsewhere in the test procedure; and
    (e) Not requiring the anchoring or securing of a product to prevent 
tipping during energy testing.
    Id.
    DOE sought comment on these proposals and specifically asked for 
suggestions regarding the need for additional deviations from the 
installation instructions.
    AHAM and Whirlpool supported removing the words ``as nearly as 
practical'' from the test sample preparation language. (AHAM, No. 16.1 
at p. 4; Whirlpool, No. 12.1 at p. 2). Electrolux commented that any 
deviations in product set-up should be specified in the owner's manual. 
(Electrolux, No. 17.2 at p. 1, cell H8). No other suggestions were 
offered by commenters.
    In response to the Electrolux comment, DOE believes that most of 
the deviations proposed in the NOPR are necessary in order to allow for 
consistent and repeatable testing. For instance, voltage requirements 
can play a role in determining the measured energy use of a particular 
product. Product owner manuals, however, do not specify a voltage range 
with the tight tolerance specified in HRF-1-1979 section 7.4.1 (within 
1% of 115 volts). Instead, they typically allow refrigeration products 
to operate with electric power sources with a range of voltages near 
the nominal values. GE's owner's manual for GE Profile Side by Side 
refrigerators is one such example. The instructions do not specify an 
allowable voltage range other than that ``[t]he refrigerator should 
always be plugged into its own individual electrical outlet which has a 
voltage rating that matches the rating plate.'' (Profile Side by Side 
Refrigerators, No. 28 at p. 4) The online specifications for one of 
these products provide only a nominal voltage: ``Volts/Hertz/Amps 120v; 
60Hz; 15A'' (GE ENERGY STAR 25.9 Cu. Ft. Side-by-Side Refrigerator with 
Dispenser, No. 29 at p. 2) DOE believes that the tight tolerance on the 
voltage specification specified in HRF-1-1979 is necessary in order to 
assure repeatable testing. Repeatable testing that yields measurements 
that can be compared across product lines requires the use of 
consistent testing conditions, such as the use of an electric supply 
with a voltage very close to the nominal 115 volts. This is just one 
example of the need for the specific deviations from manufacturer's 
instructions proposed in the NOPR. Likewise, many of the other proposed 
deviations are also necessary to assure test repeatability. DOE 
believes that some of the other proposed deviations, such as not 
requiring connection of water lines and waiving instructions to secure 
the product so that it will not tip, do not affect the energy use 
measurement. DOE notes that Electrolux did not identify which of the 
proposed deviations are problematic nor did it explain the reasons for 
its position. No other stakeholders expressed concern about the 
deviations. Hence, DOE is adopting these deviations as proposed.
    Regarding the ``anti-circumvention'' language, AHAM and Whirlpool 
urged DOE to adopt the exact language of HRF-1-2008, as adopted by 
ENERGY STAR, which does not use the term ``average consumer use''. 
(AHAM, No. 16.1 at p. 4; Whirlpool, No. 12.1 at p. 2). AHAM requested 
that if DOE decides to use the term ``average consumer use'', DOE 
should define the term, provide the data upon which the determination 
is reached, and allow for comment before releasing the final rule. 
(AHAM, No. 16.1 at pp. 4-5). Electrolux commented that the language 
would be acceptable if the 70 [deg]F ambient condition is highlighted. 
(Electrolux, No. 17.2 at p. 1, cell H12).
    As discussed in the NOPR, DOE's proposal reflects the statutory 
requirement, and the Department's longstanding view, that the overall 
objective of the test procedure is to measure the product's energy 
consumption during a representative average use cycle or period of use. 
42 U.S.C. 6293(b)(3). Further, the test procedure requires specific 
conditions during testing that are designed to ensure repeatability 
while avoiding excessive testing burden. DOE's test procedures are 
carefully designed and circumscribed in order to attain an overall 
calculated measurement of average energy consumption during 
representative use, though certain conditions may not individually 
appear to be representative of the average use cycle. DOE has held the 
consistent view that products should not be designed in a way that 
would cause energy consumption to drop during testing as a result of 
these apparently unrepresentative conditions. Doing so would result in 
a biased measurement that would be unrepresentative of average consumer 
use and would circumvent the total test procedure.
    The concept of average consumer use is not intended to represent an 
annual energy use in kWh to which a measurement according to the test 
procedure can be compared. Nor is it intended to represent a specific 
set of conditions for parameters that can affect energy use (including 
ambient temperature, ambient humidity, door opening patterns, etc.). 
Instead, deviation of a test procedure measurement from average 
consumer use must be established based on the specific control features 
used by a product and consideration of whether the product or any of 
its components operate in a fundamentally different way during the 
energy test than they would during representative consumer use. To this 
end, the NOPR provided an example of a product with anti-sweat heaters 
that are controlled by a humidity sensor. In a test under the current 
test procedure, the humidity of the test chamber is uncontrolled. 
Because the relative humidity level during a test could be at any level 
between 0% and 100%, it is unlikely that the measured energy use of the 
anti-sweat heaters under the current test would yield results 
consistent with their average energy use in a home.
    The average consumer use concept is also illustrated in DOE's 
``Additional Guidance Regarding Application of Current Procedures for 
Testing Energy Consumption of Refrigerator-Freezers With Automatic Ice 
Makers''. 75 FR 2122 (January 14, 2010). This document provides 
guidance regarding test set up for icemakers, particularly for 
refrigerator-freezers with bottom-mounted freezers and through-the-door 
ice service. In explaining that the icemaker must remain on but not 
producing ice, DOE noted that ``keeping the ice maker and its 
associated components on, but preventing them from making ice, better 
represents the average use of a refrigerator-freezer, such as when the 
machine has a full bin of ice in a consumer's home. Turning off either 
the ice maker or components associated with the ice maker, by contrast, 
does not represent the average use of a refrigerator-freezer, and may 
cause the machine to consume less energy than when the ice maker is on, 
but not making ice.'' Id. at 2123.
    Hence, DOE believes that the concept of average consumer use, as 
used, for example, in the icemaker treatment guidance described above, 
is sufficiently understood in the context of the regulatory language. 
Therefore the phrase has neither been eliminated from the amended 
language nor specifically

[[Page 78820]]

defined. The concept is invoked in the proposed passage that requires 
manufacturers to obtain a waiver if a product operates in a way that 
makes the test procedure unsuitable for measuring its energy use. The 
language retains this passage to reinforce EPCA's requirement that the 
test procedures measure energy use under a representative average use 
cycle or period of use. 42 U.S.C. 6293(b)(3).
    However, DOE has considered comments favoring the adoption of the 
existing anti-circumvention language in HRF-1-2008, which were based on 
the collective belief that harmonization of anti-circumventions 
language will improve compliance. The modified anti-circumvention 
language that DOE is adopting today retains all of the HRF-1-2008 text 
and reads as follows:
    The following principles of interpretation should be applied to the 
test procedure. The intent of the energy test procedure is to simulate 
typical room conditions (approximately 70 [deg]F (21 [deg]C)) with door 
openings, by testing at 90 [deg]F (32.2 [deg]C) without door openings. 
Except for operating characteristics that are affected by ambient 
temperature (for example, compressor percent run time), the unit, when 
tested under this test procedure, shall operate in a manner equivalent 
to the unit in typical room conditions. The energy used by the unit 
shall be calculated when a calculation is provided by the test 
procedure. Energy consuming components that operate in typical room 
conditions (including as a result of door openings, or a function of 
humidity), and that are not exempted by this test procedure, shall 
operate in an equivalent manner during energy testing under this test 
procedure, or be accounted for by all calculations as provided for in 
the test procedure. If (1) a product contains energy consuming 
components that operate differently during the prescribed testing than 
they would during representative average consumer use and (2) applying 
the prescribed test to that product would evaluate it in a manner that 
is unrepresentative of its true energy consumption (thereby providing 
materially inaccurate comparative data), a manufacturer must obtain a 
waiver in accordance with the relevant provisions of 10 CFR 430. 
Examples:
    1. Energy saving features that are designed to be activated by a 
lack of door openings shall not be functional during the energy test.
    2. The defrost heater should not either function or turn off 
differently during the energy test than it would when operating in 
typical room conditions.
    3. Electric heaters that would normally operate at typical room 
conditions with door openings should also operate during the energy 
test.
    4. Energy used during adaptive defrost shall continue to be tested 
and adjusted per the calculation provided for in this test procedure.
    This modification includes the specification of 70 [deg]F as 
typical for room conditions, as requested in the Electrolux comment. 
(Electrolux, No. 17.2 at p. 1, cell H12). It also includes the proposed 
requirement that a manufacturer must petition for a waiver when the 
test procedure cannot be used to measure the energy use of a product.
    DOE dropped the proposed text's description of a type of product 
feature that would make the energy test procedure unsuitable for 
testing the product: ``smoothly varying functions of the operating 
conditions and the control inputs.'' AHAM viewed this clause as 
deficient. (AHAM, Public Meeting Transcript, No. 10 at p. 43). Upon re-
examining this example, DOE acknowledges that the control systems that 
this example attempted to highlight are not necessarily incompatible 
with the test procedure. One such system is the variable anti-sweat 
heater control system, which can use on/off control or discrete power 
input steps rather than a gradual increase in power as humidity 
increases. An on/off control system is not ``smoothly varying'', but 
that does not necessarily mean that the test procedure cannot provide a 
representative measurement. Accordingly, DOE decided to eliminate this 
example from the proposed regulatory text.
    Regarding the proposed requirement for a manufacturer to obtain a 
waiver, Whirlpool and AHAM commented that DOE should use an expedited 
process such as the FAQ process to address variations in setup instead 
of the complex and lengthy waiver process. (Whirlpool, No. 12.1 at p. 
2; AHAM, No. 16.1 at p. 5). Whirlpool also commented that any process 
used to address exceptions should involve less disclosure of design 
details than the waiver process. (Whirlpool, No. 12.1 at p. 3).
    DOE appreciates the significance of the issues raised by the 
commenters regarding the waiver process. Separate from this proceeding, 
DOE has launched a new online database offering guidance on the 
Department's test procedures for consumer products and commercial 
equipment. See http://www1.eere.energy.gov/guidance/default.aspx?pid=2&spid=1. The new database will provide a publicly 
accessible forum for anyone with questions about--or needing 
clarification of--DOE's test procedures. However, the Department's 
waiver process covers cases where ``the basic model contains one or 
more design characteristics which either prevent testing of the basic 
model according to the prescribed test procedures, or the prescribed 
test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics * * * 
as to provide materially inaccurate comparative data.'' (10 CFR 
430.27(a)(1)). The language DOE is adopting simply reiterates this 
requirement and illustrates specific cases in which it applies to 
refrigeration products. Hence, the amended test procedures retain the 
proposed language requiring manufacturers to seek a waiver if that 
product, when tested under the prescribed procedure, would produce 
results unrepresentative of that product's true energy consumption.
2. Product Clearance Distances to Walls During Testing
    DOE proposed to modify the rear wall clearance requirement during 
testing by adding a new rear wall clearance subsection as part of 
section 2 of Appendices A1, B1, A, and B. 75 FR 29832. Wall clearance 
is a necessary element to refrigerator and refrigerator-freezer energy 
efficiency testing because condenser performance is affected by the 
amount of available air flow. The condenser removes heat from the 
refrigeration system to the ambient air and placing the back of a 
refrigerator closer to a wall can restrict the amount of condenser air 
flow. Reducing this air flow can impact the energy consumption of a 
tested product--the condenser will need to operate at a higher 
temperature, which implies a higher discharge pressure and higher power 
input for the compressor. Similarly, increasing the distance between 
the refrigerator and wall can ease the load on the compressor, which 
lowers the tested product's overall energy consumption. In this regard, 
the current procedure references HRF-1-1979, which provides that 
``[t]he space between the back [of the cabinet] and the wall shall be 
in accordance with the manufacturer's instructions or as determined by 
mechanical stops on the back of the cabinet.'' (HRF-1-1979, section 
7.4.2) (10 CFR part 430, subpart B, appendix A1, section 2.2).
    In contrast, HRF-1-2008 provides greater detail by specifying that 
``the space between the back and the test room wall or simulated wall 
shall be the minimum distance in accordance with the manufacturer's 
instructions or as determined by mechanical stops on the

[[Page 78821]]

back of the cabinet.'' (HRF-1-2008, section 5.5.2).
    DOE proposed to include in Appendices A1, B1, A, and B, language 
that would help clarify the applicable clearance distances:
    2.9 The space between the back of the cabinet and the test room 
wall or simulated wall shall be the minimum distance in accordance with 
the manufacturer's instructions. If the instructions do not specify a 
minimum distance, the cabinet shall be located such that the rear of 
the cabinet touches the test room wall or simulated wall. The test room 
wall facing the rear of the cabinet or the simulated wall shall be flat 
within \1/4\ inch, and vertical to within 1 degree. The cabinet shall 
be leveled to within 1 degree of true level, and positioned with its 
rear wall parallel to the test chamber wall or simulated wall 
immediately behind the cabinet. Any simulated wall shall be solid and 
shall extend vertically from the floor to above the height of the 
cabinet and horizontally beyond both sides of the cabinet.
    75 FR 29832.
    DOE believes that these proposed requirements are consistent with 
the current test procedures, as well as the clearance requirements 
found in HRF-1-1979 and HRF-1-2008.
    AHAM and Whirlpool suggested using less complex language that 
simply required the space between the back of the cabinet and the wall 
to be the minimum distance in accordance with manufacturer's 
instructions. (AHAM, No. 16.1 at p. 9; Whirlpool, No. 12.1 at p. 6) 
Electrolux noted that some products lack automatic door closers, and 
that they are installed in an orientation tipped slightly rearward for 
gravity to assist in door closing. The product owner's manual includes 
instruction for further adjustment for unlevel flooring for proper 
operation of the product. (Electrolux, No. 17.2 at p. 1, cell H18).
    NRDC requested that DOE specify the maximum distance allowable for 
clearance during testing to avoid potential gaming by manufacturers 
seeking to maximize the amount of cooling space around the condenser 
coil. (NRDC, No. 21.1 at p. 5). Fisher & Paykel suggested that the DOE 
test procedure be synchronized with the IEC test procedure by 
specifying a maximum allowable distance of not more than ``50 mm from 
the plane of the back panel to the vertical surface unless any 
permanent rear spacers extend further than that. In that case, the 
appliance shall be located so that those spacers are in contact with 
the vertical surface.'' (Fisher & Paykel, No. 24.2 at p. 1).
    Although DOE is adjusting its approach to account for the issues 
raised by some manufacturers, DOE shares the concerns of NRDC and 
Fisher & Paykel regarding the potential selection of a rear clearance 
instruction in owners' manuals that is unrealistically large. In some 
cases such as chest freezers, the specified rear clearance is 
consistent with reasonable best practice, but is still large enough 
that many consumers may ignore the instruction. For instance, the GE 
Model FCM20SUWW 20-cubic foot chest freezer's installation manual 
recommends a three-inch clearance (Food Freezers, No. 31 at p. 13), but 
DOE suspects that many consumers do not maintain this clearance. The 
purpose of requiring permanent mechanical spacers to be installed on 
the product if the rear clearance needs to be greater than a certain 
distance is to ensure consistency between the test procedure and field 
use of the product. By setting this requirement at a larger, rather 
than smaller, rear clearance, this approach has a greater potential to 
save energy in the field.
    The modified requirement will incorporate the language suggested by 
AHAM. This modification is made to section 3 of Appendices A1, B1, A, 
and B.
    The additional provision suggested by Fisher & Paykel requiring use 
of mechanical stops if testing is conducted with clearances larger than 
a threshold value will also be implemented in Appendices A and B, using 
the suggested 50 mm threshold value, which converts to 2 inches in 
English units.
3. Alternative Compartment Temperature Sensor Locations
    DOE proposed to modify section 5.1 of Appendix A1 (alternative 
temperature sensor locations) in order to provide clearer instructions 
and to reduce the incidence of deviation from the standard temperature 
sensor locations. The proposal would have permitted manufacturer 
selection of new locations only in cases where small deviations from 
the standard locations were involved. Otherwise, a manufacturer would 
need to petition for a waiver. 75 FR 29832. DOE proposed this approach 
to facilitate the development of new diagrams addressing new 
compartment configurations. In DOE's view, these new diagrams would 
help ensure future coverage of a broader range of potential 
configurations in the standard set of diagrams that currently exist. 
Broader coverage in standardized diagrams would help improve test 
consistency. Additionally, DOE proposed that where sensor locations 
deviated less than 2 inches from their standard locations, a 
manufacturer could simply report that the locations changed in the 
certification report and identify the locations of these deviations in 
the product's certification test reports. Id.
    DOE also sought comment on the frequency of temperature sensor 
location revisions from the specifications of the figures of HRF-1-
1979, and on whether the proposed exception allowing for minor 
relocation of sensors is sufficient to limit to a reasonable level the 
potential number of waivers associated with the proposed requirement.
    AHAM, Whirlpool, and Sub-Zero supported a requirement that 
manufacturers must report changes to temperature sensor locations as 
long as such information is treated confidentially until the 
certification report is submitted to DOE. (AHAM, No. 16.1 at p. 5; 
AHAM, Public Meeting Transcript, No. 10 at pp. 48-49; Whirlpool, No. 
12.1 at p. 3; Sub-Zero, Public Meeting Transcript, No. 10 at p. 51). 
AHAM and Sub-Zero commented that alternative temperature sensor 
placement should not require a waiver under the current waiver 
procedure due to the public nature of the process and the delay in time 
to market that it can cause. (AHAM, No. 16.1 at p. 5; Sub-Zero, Public 
Meeting Transcript, No. 10 at pp. 51-52). Electrolux commented that 
HRF-1-2008 requires even spacing of shelving within the product, which 
can create conflicts between the placement of drawers or pans and the 
specified sensor locations. Electrolux also recommended reporting of 
alternative locations in certification reports. (Electrolux, No. 17.2 
at p. 1, cell H20).
    DOE appreciates the manufacturers' sensitivity regarding time and 
confidentiality. In light of this concern, and the absence of any 
comments to the contrary, DOE has decided to eliminate its proposed 
waiver requirement. Instead, the use of alternative temperature sensor 
locations will be required to be reported in the certification report. 
These nonstandard sensor locations, whether significant or minor 
deviations, would be reported in the certification test reports. These 
modified amendments make any public disclosure of proprietary 
information unnecessary until product certification, as requested by 
stakeholders. DOE will make these changes in section 5.1 of Appendices 
A1, B1, A, and B, which will include the requirement to identify the 
new sensor locations in test reports, and in a new 10 CFR part 429, 
which

[[Page 78822]]

will provide the amended list of data required in the certification 
report. The part 429 changes, if adopted, will be made as part of the 
Certification, Compliance, and Enforcement (CCE) rulemaking. See 75 FR 
56796, 56819 (September 16, 2010). In addition, because new 
requirements for the maintenance of records are under consideration as 
part of a new 10 CFR part 429, the proposed clarification for the 
section 5.1 amendments regarding test reports (i.e., that manufacturers 
maintain test data records ``in accordance with 10 CFR 430.62(d).'') 
will be treated separately as part of the ongoing CCE rulemaking. This 
potential requirement is also discussed in section III.D.12.
4. Median Temperature Settings for Electronic Control Products and 
Establishment of Dual Standardized Temperatures
Median Temperature Settings
    DOE proposed to modify the test procedure language related to 
temperature control settings, as detailed in section 3 of Appendix A1, 
to clarify the procedure for products with electronic controls. Many 
current products have electronic controls, which generally have 
setpoints indicating specific control temperatures. Section 3.2.1 
indicates that a first test is conducted with temperature controls set 
in a median position. For electronic controls, an average of the 
coldest and warmest temperature settings is generally used as the 
median temperature for purposes of testing. However, in some cases 
there is no temperature setting exactly equal to this average, and the 
controls cannot be mechanically defeated as described in the procedure.
    DOE proposed that the test procedure specify that products equipped 
with such electronic controls be tested using one of the following 
three options: (1) Use of a setting equal to the average of the coldest 
and warmest settings, (2) use of the setting that is closest to this 
average, or (3) if there are two settings whose difference with the 
average is the same, use of the higher of these two settings. This 
modification was proposed for Appendices A1 and B1 and would be 
retained for new Appendices A and B. 75 FR 29833.
    AHAM supported the proposed approach. (AHAM, Public Meeting 
Transcript, No. 10 at p. 55; AHAM, No. 16.1 at p. 10). During the 
public meeting, the National Institute of Standards and Technology 
(NIST) recommended that DOE consider adopting what is commonly known as 
the ``triangulation approach'' in place of the interpolation approach. 
(NIST, Public Meeting Transcript, No. 10 at pp. 55-56). The 
triangulation approach, which has been a part of the Australian/New 
Zealand Standard AS/NZS 4474 \2\ for many years, maps both the 
refrigerator and freezer compartment temperatures exactly to the target 
temperatures by allowing up to three control setting combinations 
surrounding the standardized compartment temperatures. GE concurred 
that this approach is more flexible and repeatable, because it gives 
results at the exact desired sets of temperatures (i.e. 0 [deg]F/39 
[deg]F for testing starting in 2014--see section III.E.4 below) rather 
than close to those temperatures. (GE, Public Meeting Transcript, No. 
10 at pp. 58-59). Whirlpool agreed that the triangulation approach may 
be appropriate for adopting into the DOE test procedure in the future, 
but that it would incur redevelopment expense if introduced now. 
(Whirlpool, Public Meeting Transcript, No. 10 at p. 59). GE indicated 
that the triangulation approach could be adopted as an option for 
temperature settings, rather than the required procedure. (GE, Public 
Meeting Transcript, No. 10 at p. 59). AHAM also supported adopting the 
triangulation approach as an option. (AHAM, No. 16.1 at p. 10).
---------------------------------------------------------------------------

    \2\ ``Australian/New Zealand Standard, Performance of Household 
Electrical Appliances--Refrigerating Appliances, Part 1: Energy 
Consumption and Performance'', AS/NZS 4474. 1:2007, Appendix M, 
available for purchase at http://infostore.saiglobal.com/store/results2.aspx?searchType=simple&publisher=all&keyword=AS/NZS%204474
---------------------------------------------------------------------------

    While the triangulation method presents advantages with respect to 
temperature settings, the adoption of this method will require 
additional examination by DOE to ascertain its suitability for 
inclusion as part of its regulations. DOE may further examine this 
method with greater scrutiny as part of a future rulemaking to amend 
its test procedure. In light of the significant changes already being 
introduced to the final rule that is being adopted today, and in 
recognition of the fact that a procedure needs to be finalized in 
coordination with the parallel standards rulemaking that is underway, 
DOE is declining to adopt the triangulation method as part of today's 
rule.
    Accordingly, based on the above considerations, DOE is adopting the 
proposed amendments addressing median temperature settings for 
electronic control products.
Dual Standardized Temperatures
    DOE proposed extensive changes to instructions for setting 
temperatures as part of Appendices A and B. 75 FR 29843-29846. One 
concept adopted for these changes included using dual standardized 
temperatures for refrigerator-freezers and basic refrigerators--
products that have two (or more) compartments. The current test 
procedures allow manufacturers to select ``second-test'' temperature 
settings based only on test results for the freezer compartment. (See 
Appendix A1, section 3.2 and sections 3.2.1 through 3.2.3). NIST 
advised DOE that, in practice, manufacturers use the warmest setting 
for the second test only when both compartments are cooler than their 
standardized temperatures during the first test. DOE asked stakeholders 
to help clarify the approach for setting of temperature controls for 
such products. 75 FR 29846.
    GE commented that manufacturers currently use the approach 
described by DOE. (GE, Public Meeting Transcript, No. 10 at pp. 137-
138). DOE received no comments indicating that its understanding of the 
manufacturers' approach to temperature settings is incorrect. In 
particular, DOE received no comments from any manufacturer that uses 
any different approach for setting of temperature controls. Hence, DOE 
will implement this change in Appendices A1 and A.
5. Test Procedures for Convertible Compartments and Special 
Compartments
    DOE proposed changing the test procedure for special compartments 
to make this procedure consistent with the convertible compartment test 
procedure. 75 FR 29833. Under the current DOE test procedure, which 
references section 7.4.2 of HRF-1-1979, ``compartments which are 
convertible from refrigerator to freezer are operated in the highest 
energy usage position.'' (This section of HRF-1-1979 is referenced in 
Appendix A1, section 2.2.) The procedure for special compartments calls 
for the controls to be ``set to provide the coldest temperature''. 
(HRF-1-1979 section 7.4.2) To simplify these requirements to make them 
consistent with each other, DOE proposed to require the highest energy 
use position for both convertible and special compartments. 75 FR 
29833.
    DOE also proposed to specify that if a convertible compartment has 
external doors (i.e. that the compartment's doors open directly to the 
exterior of the product), the compartment shall be tested as a fresh 
food or freezer compartment, whichever of these

[[Page 78823]]

functions represents the highest energy use position. Id. Such an 
approach is different than requiring the highest energy use position 
for the compartment. For example, a compartment that can be controlled 
for any temperature between -5 [deg]F and 35 [deg]F would likely use 
the most energy at its -5 [deg]F setting. However, testing the 
compartment as a freezer compartment, which would most likely represent 
a higher energy use than when testing that compartment as a fresh food 
compartment, would place its energy use at a 5 [deg]F standardized 
temperature under the current test procedure. Testing the compartment 
as a freezer compartment would involve a temperature setting 10 [deg]F 
warmer than testing in the highest energy use position. This scenario 
would most likely use less energy than using the -5 [deg]F setting. The 
proposal retained the current instructions to use the highest energy 
use position to test convertible compartments that do not have external 
doors. DOE also proposed a definition for ``separate auxiliary 
compartments'' to identify compartments that have doors that open to 
the product's exterior. Id.
    ACEEE supported the proposal to test special compartments in their 
highest energy usage position, adding that, in the absence of data 
detailing how such compartments are used by consumers, the highest 
energy usage position makes the most sense. (ACEEE, No. 19.1 at p. 1). 
NRDC also supported the proposal to test special compartments in their 
maximum energy use position to assure that energy ratings are not 
overly optimistic. (NRDC, No. 21.1 at p. 3).
    Other stakeholders opposed the proposal for special compartments, 
and some offered alternative approaches. AHAM and Whirlpool claimed 
that a change from the lowest temperature setting to highest energy use 
would add test burden, because multiple tests may be required to 
determine which setting results in the highest energy use measurement. 
(AHAM, No. 16.1 at p. 5; AHAM, Public Meeting Transcript, No. 10 at p. 
61; Whirlpool, No. 12.1 at p. 3). AHAM claimed that virtually every 
model, without identifying any representative models, has temperature 
controllable compartments, and thus the proposed change could 
dramatically increase the test burdens on all manufacturers. (AHAM, No. 
16.1 at p. 5). Electrolux commented that the highest energy use 
approach is unclear. (Electrolux, No. 17.2 at p. 1, cell H28). 
Electrolux discussed some of the complications associated with the 
highest energy use position requirement, mentioning (a) the difference 
between externally-accessible and internally-accessible compartments 
(e.g. such as internal drawers), (b) the possibility that the highest 
energy use position is not necessarily consistent with normal use, and 
(c) compartments that may engage a feature that increases energy use 
for a limited period of time. (Electrolux, No. 17.2 at p. 1, cell H26). 
Electrolux also questioned DOE's suggestion of a 2 cubic foot maximum 
size delineator for special compartments. (Electrolux, No. 17.2 at p. 
1, cell H28). The PRC echoed Electrolux's comment (b) above, indicating 
that use of the highest energy use position may not be the best 
representation of the ``actual use''. (PRC, No. 15.1 at p. 5).
    Additionally, Electrolux pointed out the need for definitions to 
help clarify the functions of different compartments, indicating that 
there are many different types of compartments, and the test procedures 
may not be the same for all of them. (Electrolux, No. 17.2 at p. 1, 
cell H26). To this end, AHAM offered definitions for both 
``compartment'' and ``sub-compartment'', presumably with the intent 
that the proposed amendments may apply to one of these types and not 
the other. (AHAM, No. 16.1 at p. 11). Whirlpool recommended that 
special compartments subject to the proposed approach should not exceed 
10% of total capacity (total product volume), adding that temperatures 
should be volume-weighted, but did not elaborate. (Whirlpool, No. 12.1 
at p. 3). AHAM recommended using volume-weighted temperature averaging 
for special compartments, but did not provide reasons for adopting this 
approach. (AHAM, No. 16.1 at p. 6). Electrolux recommended that DOE 
consider including a volume adjustment factor dependent on the 
(typically cooler) temperature of a special compartment when 
determining a product's adjusted volume. While such a change may impact 
the related energy usage calculations, it would not affect the manner 
in which test sample is set up or the test is conducted and Electrolux 
offered no explanation as to how its proposed change would affect the 
actual testing of a given product. (Electrolux, No. 17.2 at p. 1, cell 
H28). (DOE notes that the volume adjustment factor is used to calculate 
adjusted volume (see Appendix A1 section 6.1), which in turn is used to 
calculate energy factor (see 10 CFR 430.23(a)(4)) and maximum allowable 
energy use (see 10 CFR 430, subpart C, section 32(a)), none of which 
impact test set-up and conduct of the test. Since this discussion 
addresses the test set-up for special compartments, DOE concludes that 
the comment, addressing volume adjustment factor, is not relevant.)
    AHAM, Whirlpool, and Electrolux asserted that the measured energy 
use under the proposed special compartment procedure would change. 
(AHAM, No. 16.1 at pp. 3, 5, 6; AHAM, Public Meeting Transcript, No. 10 
at p. 61; Whirlpool, No. 12.1 at p. 3; Electrolux, No. 17.2 at p. 1, 
cell H26). Whirlpool further commented that the proposed change should 
not be adopted prior to 2014. (Whirlpool, No. 12.1 at p. 2). Whirlpool 
further commented that special compartments should be tested at their 
coldest temperature position. (Whirlpool, No. 12.1 at p. 3)
    In consideration of AHAM's comment that nearly every refrigeration 
product has separate compartments with temperature control, DOE 
randomly reviewed the refrigerator-freezer product offerings of three 
major brands (Whirlpool, GE, and Frigidaire) on their Web sites. These 
are the major brands of Whirlpool, GE, and Electrolux, manufacturers 
who comprise more than 80% market share for standard-size refrigerator-
freezers.\3\ The research, involving five randomly selected products 
from three key product categories (Class 3: refrigerator-freezers--
automatic defrost with top-mounted freezers without through-the-door 
ice service; Classes 5 and 5A: refrigerator-freezers--automatic defrost 
with bottom-mounted freezers; and Classes 4 and 7: refrigerator-
freezers--automatic defrost with side-mounted freezers) of each of the 
three brands indicates that one-fifth of these products have special 
compartments. (These product classes are currently listed in 10 CFR 
430.32.) (Special Compartment: Research Summary, No. 36 at p.1, cell 
F65). The examined classes are those that would be most likely to 
employ these types of features because they contain multiple sub-
compartments such as drawers within their fresh food compartments and 
constitute a majority of the refrigeration products sold in the market 
(roughly 70% of refrigeration product shipments).\4\ DOE also notes 
that of the eleven refrigerator-freezer products purchased for reverse 
engineering teardowns as part of the energy conservation standard 
rulemaking, only two had a separate compartment with separate 
temperature

[[Page 78824]]

control--both were refrigerator-freezers with bottom-mounted freezers. 
Hence, DOE believes that the level of test burden associated with these 
test procedure amendments would be less severe than predicted by AHAM.
---------------------------------------------------------------------------

    \3\ ``32nd Annual Portrait of the U.S. Appliance Industry'', 
Appliance Magazine, September 2009, Vol. 66, No. 7.
    \4\ Shipments of standard-size refrigerator-freezers were near 
10 million in 2008, while shipments of compact refrigerators, 
standard-size freezers, and compact freezers totaled close to 4.5 
million. See the TSD, Chapter 3, ``Market and Technology 
Assessment'', section 3.2.6.1.
---------------------------------------------------------------------------

Definitions of Compartment Types To Improve Clarity
    DOE considered the need for additional definitions, for a variety 
of terms--e.g. ``compartment'' and ``sub-compartment''--as suggested by 
AHAM, (AHAM, No. 16.1 at p. 11), to clarify which types of compartments 
are subject to the different requirements. Because AHAM indicated that 
the suggested definitions for these terms were derived from the 
Australian/New Zealand standards,\5\ DOE considered this approach and 
factored in the international harmonization concerns raised by some 
stakeholders (AHAM, Public Meeting Transcript, No. 10 at pp. 42-43; 
AHAM, No. 16.1 at pp. 1, 7, 10, 11; Whirlpool, No. 12.1 at p. 5), when 
it examined the need for new definitions.
---------------------------------------------------------------------------

    \5\ ``Australian/New Zealand Standard, Performance of Household 
Electrical Appliances--Refrigerating Appliances, Part 1: Energy 
Consumption and Performance'', AS/NZS 4474. 1:2007.
---------------------------------------------------------------------------

    AHAM proposed to define a ``compartment'' as ``an enclosed space 
within a refrigerating appliance, which is directly accessible through 
one or more external doors.'' Under the AHAM proposal, a compartment 
``may contain one or more sub-compartments and one or more convenience 
features.'' (AHAM, No. 16.1 at p. 11).
    In DOE's view, this definition, if adopted, would define a 
compartment as having one or more external doors, in spite of the fact 
that the freezer compartments of many refrigeration products do not 
have external doors. The definitions for ``electric refrigerator'' and 
``electric refrigerator-freezer'' do not prescribe that the 
compartments associated with these products have external doors (see 10 
CFR 430.2), thus, the AHAM-proposed definition would conflict with the 
agency's use of the term ``compartment'' within its regulations. At 
this time, DOE declines to make this change.
    DOE also considered whether any additional definitions are needed 
to clarify which instructions apply to which compartment types. The 
following discussion walks the reader through these considerations. The 
NOPR proposed a series of amendments regarding compartments:
    <bullet> First, DOE proposed a definition for ``separate auxiliary 
compartments'' that defined this term as ``a freezer compartment or a 
fresh food compartment of a refrigerator or refrigerator-freezer having 
more than two compartments that is not the first freezer compartment or 
the first fresh food compartment. Access to a separate auxiliary 
compartment is through a separate exterior door or doors rather than 
through the door or doors of another compartment. Separate auxiliary 
compartments may be convertible (e.g., from fresh food to freezer).'' 
75 FR 29833-29835.
    <bullet> Next, DOE proposed a new section 2.7 (for Appendices A1 
and A--parts of it also appear as section 2.5 in Appendices B1 and B) 
that would specify the manner in which convertible and special 
compartments would be tested: ``Compartments that are convertible 
(e.g., from fresh food to freezer) shall be operated in the highest 
energy use position. For the special case of convertible separate 
auxiliary compartments, this means that the compartment shall be 
treated as a freezer compartment or a fresh food compartment, depending 
on which of these represents higher energy use. Other compartments with 
separate temperature control (such as crispers convertible to meat 
keepers), with the exception of butter conditioners, shall also be 
tested with controls set in the highest energy use position.'' Id. DOE 
notes that these ``other compartments'' fall under the ``special 
compartment'' definition in HRF-1-1979 and HRF-1-2008. DOE did not 
establish a definition for ``special compartment'' in its proposal, 
since it considered that the amended section 2.7 clarifies adequately 
that the highest energy use position would be used for the compartments 
that fit the description provided in the section.
    <bullet> Finally, DOE proposed new text for sections 3.2 and 6.2 
(for Appendices A1, B1, A, and B): ``For the purposes of calculating 
per-cycle energy consumption, as described in this section, freezer 
compartment temperature shall be equal to a volume-weighted average of 
the temperatures of all applicable freezer compartments, and fresh food 
compartment temperature shall be equal to a volume-weighted average of 
the temperatures of all applicable fresh food compartments. Applicable 
compartments for these calculations may include a first freezer 
compartment, a first fresh food compartment, and any number of separate 
auxiliary compartments.'' Id. These sections describe the additional 
procedures associated with convertible separate auxiliary compartments 
when treated as fresh food or freezer compartments.
    Table III.2 below notes the terminology used in the NOPR for the 
listed compartments and also lists the test procedure instructions as 
proposed.

   Table III.2--Compartment Types Other Than the First Fresh Food Compartment or the First Freezer Compartment
----------------------------------------------------------------------------------------------------------------
                                   Doors accessible
       Temperature range            directly from       Separate temperature        Notes         NOPR Testing
                                      exterior?               control                             instructions
----------------------------------------------------------------------------------------------------------------
Fresh Food....................                     Y                      Y   Separate          Test as a Fresh
                                                                          N    Auxiliary Fresh   Food
                                                                               Food              compartment.
                                                                               Compartment.
                                                   N                      Y   Special           Highest Energy
                                                                               Compartment.      Use.
                                                                          N   ................  None.
Freezer.......................                     Y                      Y   Separate          Test as a
                                                                          N    Auxiliary         Freezer
                                                                               Freezer           compartment.
                                                                               Compartment.
                                                   N                      Y   Special           Highest Energy
                                                                               Compartment.      Use.
                                                                          N   ................  None.
Convertible...................                     Y                      Y   Convertible       Test as a Fresh
                                                                               Separate          Food or Freezer
                                                                               Auxiliary         compartment,
                                                                               Compartment.      whichever
                                                                                                 results in the
                                                                                                 highest energy
                                                                                                 use.
                                                                          N   Not likely to     None.
                                                                               exist.
                                                   N                      Y   Convertible       Highest Energy
                                                                               Compartment.      Use.
                                                                          N   Not likely to     None.
                                                                               exist.
----------------------------------------------------------------------------------------------------------------


[[Page 78825]]

    The NOPR proposed to require separate auxiliary compartments that 
are not convertible to be tested as either fresh food or freezer 
compartments, depending on their temperature range. The instructions 
for setting any temperature controls for these compartments are 
described in section 3 of proposed Appendices A1, B1, A, and B. The 
proposed section 2.7 specified that convertible separate auxiliary 
compartments would also be tested either as fresh food or freezer 
compartments, depending on which of these selections results in a 
higher energy use measurement. The proposed section 2.7 also specified 
that convertible compartments that are not separate auxiliary 
compartments would be tested using the highest energy use position. 
Finally, the proposed section 2.7 specified that other compartments 
with separate temperature control that are not butter conditioners 
would be tested in the highest energy use position.
    After re-examining this proposal and considering the relevant 
comments received, DOE recognizes that additional clarification would 
help stress that, for testing purposes, special compartments have no 
external doors, i.e. doors directly accessible from the exterior. To 
clarify the procedure, in light of commenters' concerns that the 
compartments involved should be more clearly identified (Electrolux, 
No. 17.2 at p. 1, cell H26; AHAM, No. 16.1 at p. 11), DOE has added a 
definition for ``special compartment'' in section 1 of Appendices A1, 
B1, A, and B.
    With respect to the issue of volume, Whirlpool suggested that DOE 
adopt a size limit of 10 percent of the total refrigerated volume of a 
product for special compartments, but did not provide information or 
data justifying such a limit. (Whirlpool, No. 12.1 at p. 3). In 
contrast, Electrolux criticized as arbitrary the 2-cubic foot size 
delineation used in the NOPR for discussion purposes. (This volume was 
not proposed as a size limit). (Electrolux, No. 17.2 at p. 1, cell 
H26). DOE notes that there is no available information indicating 
typical consumer usage patterns (i.e. typical temperature settings) for 
special compartments and the dependence of these temperature settings 
on compartment size. DOE believes, however, that most such compartments 
are small, as described in the NOPR. 75 FR 29834. DOE notes that the 
definitions for the term ``special compartment'' in HRF-1-1979 and HRF-
1-2008 mention several compartment types that are typically small (i.e. 
less than 2 cubic feet in size): butter or margarine conditioners, 
cheese compartments, crispers, ice storage bins, and meat keepers (HRF-
1-1979 section 3.18; HRF-1-2008 section 3.24). Because these 
compartments tend to be small, there is no clear need for a size 
limitation since manufacturers will likely continue to limit the sizes 
of these compartments. For this reason, and the absence of any 
available information to help support the selection of an appropriate 
size limit, DOE has decided not to incorporate a size limitation on 
special compartments. Accordingly, the new definition for special 
compartment reads as follows.

    ``Special compartment'' means any compartment other than a 
butter conditioner, without doors directly accessible from the 
exterior, and with separate temperature control (such as crispers 
convertible to meat keepers) that is not convertible from fresh food 
temperature range to freezer temperature range.
    (See section 1 of Appendices A1 and A. A similar definition has 
been inserted in Appendices B1 and B)

Instructions for Testing of Special Compartments
    As discussed above, stakeholders expressed concern about DOE's 
proposal to require testing using the highest energy use positions of 
special compartments rather than the lowest temperature. The comments 
indicated that the requirement would potentially require manufacturers 
to conduct multiple tests to verify that the highest energy use 
position was used in a test. DOE acknowledges this possibility. To 
address this concern, DOE has decided to modify the amendments so that 
they are based on temperature settings rather than the highest energy 
use position. Further, DOE has decided to revert to the current test 
procedure requirement for the coldest setting for most special 
compartments. For products that use the addition of heat to adjust the 
temperature of temperature-controllable compartments, the test 
procedure will require averaging of tests conducted with the 
temperature settings in the warmest and coldest settings. In making 
these changes, the potential testing burden will be minimized while 
ensuring that the energy consumed by these features is sufficiently 
captured under the test procedure.
    Based on its examination of a variety of refrigeration products, 
DOE expects that most of those products that are equipped with special 
compartments provide temperature control of these compartments by 
increasing or decreasing the amount of cold air diverted from the 
refrigeration system to the special compartment. (In other words, when 
more air is diverted into the special compartment, that compartment's 
compartment temperature is lower.) As mentioned above, two of the 
eleven refrigerator-freezers DOE purchased for its reverse engineering 
analysis for the energy conservation standard rulemaking had special 
compartments with separate temperature control. Both of these products 
were designed to adjust air flow to control the temperature in these 
compartments. When a greater quantity of cold air is diverted to 
provide a lower temperature in the special compartment, less air is 
available to cool the rest of the fresh food compartment. This 
situation extends the cooldown time for the fresh food compartment, 
which extends the compressor run time and increases the measured energy 
use of the product. For such compartments, the coldest temperature 
setting and the highest energy use setting are generally the same. 
Hence, the proposed approach should not create any change in energy use 
measurement.
    DOE proposed the change calling for the highest energy use position 
to establish consistency with the requirements for convertible 
compartments (for which the highest energy use position is prescribed--
see HRF-1-1979 section 7.4.2), and to assure that this highest energy 
approach is also applied to products that might use resistive heating 
to control the temperature in special compartments. For such products, 
the coldest temperature setting would likely be the lowest energy use 
setting, because less resistance heat would be needed to raise the 
temperature of such a compartment above its minimum temperature.
    The modified amendments specify that the requirement for averaging 
tests with the settings in the coldest and warmest positions applies to 
special compartments that use any form of heat addition for any part of 
the controllable temperature range of the compartments. DOE has decided 
to modify its earlier proposal and implement this modification only in 
Appendices A and B, which will require manufacturers to use this 
procedure in conjunction with the new energy standards that DOE is 
currently considering promulgating. DOE believes that these changes in 
the amendments will eliminate most of the added test burden potentially 
associated with them, since DOE's examination of the market indicates 
that most products do not use heat addition for special compartment 
temperature control. By delaying implementation of the exception for 
heated temperature control, the change will also eliminate the impact 
of the test procedure change on products manufactured prior to the

[[Page 78826]]

compliance date for the new energy conservation standards. Likewise, 
because, as described above, the coldest and highest energy use 
settings are equivalent for most special compartments (i.e. those 
controlled by adjusting the flow of cooling air), DOE believes that 
this amendment (coldest position, except for the minority special 
compartments using heat addition) does not significantly alter the 
proposal (highest energy use position) and will adequately capture the 
energy use of these features.
    DOE recognizes that the highest energy use position may not be 
consistent with normal use, as indicated by Electrolux and PRC 
(Electrolux, No. 17.2 at p. 1, cell H26; PRC, No. 15.1 at p. 5). ACEEE 
and NRDC both supported use of the highest energy use position in light 
of the lack of such consumer data. (ACEEE, No. 19.1 at p. 1: NRDC, No. 
21.1 at p. 3) The modified amendment addresses the concerns of 
Electrolux and PRC by allowing the use of averaging of warmest-setting 
and coldest-setting measurements for products with special compartments 
with heated temperature control systems. Neither stakeholder submitted 
any information suggesting what temperature settings are used by 
consumers. There is no currently agreed-upon standard as to what 
constitutes a normal use setting for special and convertible 
compartments. Based on its careful analysis, DOE believes its selected 
averaging approach is likely to provide a reasonable representation of 
consumer use for these compartments, because the approach does not 
represent an extreme control setting.
    Regarding Electrolux's comment about temporary functions associated 
with special compartments (Electrolux, No. 17.2 at p. 1, cell H26), 
Electrolux did not provide any description of the types of such 
functions that might be at issue. However, DOE notes that ``features'' 
are addressed by HRF-1-2008, section 5.5.2 which are manually initiated 
and which operate temporarily, such as quick-chill compartments. In 
response to these comments, DOE chose to modify the proposed amendment 
to clarify that the requirement for temperature setting of special 
compartments do not apply to any such temporary feature or functions. 
This change will appear in section 2.7 of Appendices A1 and A, and in 
section 2.5 of Appendices B1 and B.
Instructions for Testing of Separate Auxiliary Convertible Compartments
    Convertible compartments are those compartments that can operate as 
either freezer compartments or fresh food compartments. As discussed 
above, a separate auxiliary convertible compartment would be tested as 
either a freezer compartment or a fresh food compartment, depending on 
which of these functions uses more energy. Because these compartments 
have temperature ranges spanning those of both freezer and fresh food 
compartments, using the standard coldest, median, and warmest settings 
during testing as a freezer or fresh food compartment may be 
inappropriate in certain cases. For example, a separate auxiliary 
convertible compartment could have a range of temperature settings from 
-6 [deg]F to 46 [deg]F. The median setting would be 20 [deg]F, which is 
too high a setpoint for a freezer compartment of a refrigerator-freezer 
and too low for a fresh food compartment. To resolve this issue, DOE 
has added language in the final rule specifying settings (a) within 2 
[deg]F of the standardized temperatures as the median settings, (b) at 
least 5 [deg]F above the standardized temperature as the warmest 
setting for testing the compartment as a freezer compartment, and (c) 
at least 5 [deg]F below the standardized temperature as the coldest 
setting for testing as a fresh food compartment. The new language also 
indicates that if the control setpoints do not represent specific 
temperatures (i.e. as might be the case for mechanical controls), that 
the measured compartment temperatures rather than the setpoints must 
meet these requirements. This change is incorporated in section 3 of 
Appendices A1 and A.
Additional Discussion
    DOE agrees in principle with AHAM's comment that volume-weighted 
temperature averaging may be appropriate for special compartments. 
However, as AHAM indicated (AHAM, No. 16.1 at p. 6), such an approach 
represents a departure from the current test procedure that would 
change the measured energy use. The current test procedure requires 
that these compartments be set in their coldest position and does not 
include a procedure to measure their temperatures. The modified test 
procedure established by the final rule and the interim final rule 
requires the coldest temperature position for these compartments for 
most products, i.e. those that do not utilize heat addition for 
temperature control. DOE has adopted this approach to maintain greater 
consistency with the current test procedure. DOE may consider use of 
volume-weighted temperature averaging in a future test procedure 
rulemaking.
    The test procedure for special compartments established with the 
interim final rule modifies the test procedure only for products that 
use heat addition for temperature control. Based on available 
information, which suggests that few products have such special 
compartments, DOE expects the number of products that are likely to be 
impacted by this change to be modest. Stakeholders have not provided 
any information suggesting otherwise nor have they provided data that 
would permit DOE to evaluate the likely effects of this change. 
However, in consideration of these comments, DOE has modified the 
timing of the amendments. This change will not require manufacturers of 
products using heat addition for temperature control to use the new 
averaging approach until the new energy conservation standards take 
effect. As a result, manufacturers will have additional time to 
redesign such products to adjust to the new procedure. Hence, the final 
changes in the procedures for convertible and special compartments are 
(1) new definitions for ``separate auxiliary compartment'' and 
``special compartment'' in Appendices A1, B1, A, and B; (2) 
clarification that the highest energy use position requirement for 
convertible compartments implies they shall be tested as a freezer or 
fresh food compartment only if they are separate auxiliary compartments 
in Appendices A1 and A; (3) requirements for special compartments 
reiterating current procedures calling for the coldest temperature 
settings in Appendices A1, B1, A, and B; and (4) instructions for 
temperature settings for separate auxiliary convertible compartments 
that take into account the wide temperature control range of these 
compartments, which will be inserted in Appendices A1 and A. In 
addition, the interim final rule change is an exception to the 
requirements for special compartments in products that use heat 
addition for temperature control, for which the averaging of the 
warmest- and coldest-temperature settings tests shall be used, which 
will be prescribed as part of Appendices A and B.
6. Establishing a Temperature-Averaging Procedure for Auxiliary 
Compartments
    The NOPR proposed amendments that would address the testing of 
external-door compartments other than the two main compartments of a 
refrigerator-freezer. Specifically, DOE proposed requirements for (1) 
adjusting temperature controls, (2) measuring auxiliary compartment 
temperatures,

[[Page 78827]]

and (3) incorporating the auxiliary compartment temperature into the 
calculation of energy consumption. 75 FR 29833-29835. DOE proposed the 
following:
    (1) Temperature settings, generally--Consistent with current 
requirements, the temperature controls for auxiliary compartments with 
external doors that have individual temperature control capability 
would be set at the same median, cold, or warm setting used for the 
first fresh food compartment and/or the first freezer compartment, or 
some combination thereof as described in section 3.2.1 of Appendix A1 
or B1. Id.
    (2) Auxiliary compartment temperature measurements--Measurement of 
external door-equipped auxiliary compartment temperatures would be done 
in the same manner as prescribed in the current test procedure for the 
main fresh food and freezer compartments, as described in section 5.1 
of Appendix A1 or B1. Id.
    (3) Incorporation of auxiliary compartment temperature measurements 
in the test procedure calculations--calculations for the freezer 
temperature for a product with more than one freezer compartment 
(including one or more auxiliary freezer compartments with external 
doors) would be performed using a volume-weighted average of the 
compartment temperatures measured within each freezer compartment. A 
similar approach would apply to fresh food compartments. These freezer 
and fresh food temperatures would be used to determine the appropriate 
temperature settings for subsequent testing, and to calculate the 
energy use. Id.
    DOE proposed to insert these amendments into Appendices A1 and A to 
address those auxiliary compartments with external doors that are found 
in some refrigerators and refrigerator-freezers. DOE proposed similar 
amendments to Appendices B1 and B to address the auxiliary compartments 
found in some freezers. DOE further proposed to define ``separate 
auxiliary compartments'' to include auxiliary compartments with 
external doors in order to ensure they are treated consistently with 
other auxiliary compartments. Id.
    Commenters generally supported this approach. For example, AHAM and 
Whirlpool both concurred that auxiliary compartment temperatures should 
be volume-weighted. (AHAM, Public Meeting Transcript, No. 10 at p. 65; 
Whirlpool, No. 12.1 at p. 4). AHAM provided an equation to illustrate 
the volume-weighted averaging of multiple compartments. (AHAM, No. 16.1 
at p. 6).
    While DOE agrees that AHAM's suggested equation properly represents 
the proposed approach, because it provides a weighted average of 
compartment temperatures in which the temperatures are weighted by the 
compartment volumes, the final rule and interim final rule adopt a more 
general equation that is functionally equivalent by averaging for a 
general number of fresh food compartments. DOE is also adopting an 
equivalent volume-averaging equation for the freezer compartment 
temperature. These changes have been made in Appendices A1, B1, A, and 
B. The requirements for testing of auxiliary compartments otherwise 
remain as they were proposed, except for the clarification regarding 
temperature settings for convertible separate auxiliary compartments, 
discussed above in section III.D.5.
7. Modified Definition for Anti-Sweat Heater
    DOE proposed to modify the definitions of anti-sweat heater in both 
the refrigerator and refrigerator-freezer test procedures and in the 
freezer test procedures to clarify that such heaters can be used for 
both interior and exterior surfaces. 75 FR 29835.
    The current DOE test procedure definition for anti-sweat heater 
applies to heaters that prevent the accumulation of moisture on the 
exterior surfaces of the cabinet (see 10 CFR part 430, subpart B, 
appendix A1, section 1.3 and appendix B1, section 1.2). However, some 
refrigerator-freezers also use anti-sweat heaters to prevent moisture 
accumulation on internal surfaces of the cabinet. In particular, 
manufacturers of French door refrigerator-freezers with through the 
door (TTD) ice service have used anti-sweat heaters to prevent moisture 
accumulation inside the fresh food compartment near the air duct 
embedded in the side wall that carries refrigerated air to the ice 
compartment.
    To account for heaters that operate in this manner, DOE proposed to 
change the anti-sweat heater definition found in Appendices A1 and B1. 
DOE also proposed to include these modified definitions in Appendices A 
and B. This proposed modification would not change the test procedure 
but would clarify that interior heaters used to prevent sweating are to 
be treated as anti-sweat heaters for purposes of calculating energy 
usage under the procedure. Id.
    AHAM, Whirlpool, ACEEE, and NRDC supported the DOE proposal for the 
anti-sweat heater to apply to both interior and exterior surfaces 
(AHAM, No. 16.1 at p. 6; Whirlpool, No. 12.1 at p. 4; ACEEE, No. 19.1 
at p. 2; NRDC, No. 21.1 at p. 3). There were no comments objecting to 
this proposal.
    DOE also sought comment on whether the proposed definition needed 
to be modified to indicate that a heater that prevents the accumulation 
of moisture, irrespective of whether that heater is designated as an 
anti-sweat heater, should be defined as an anti-sweat heater. 
Commenters provide no views on this issue.
    In light of the support from commenters for DOE's proposed 
approach, and the absence of any additional comment regarding any 
further modifications to address heaters that prevent moisture 
accumulation, DOE has decided to adopt its proposal to modify the 
definition of anti-sweat heater to apply to interior as well as 
exterior cabinet surfaces.
8. Applying the Anti-Sweat Heater Switch Averaging Credit to Energy Use 
Calculations
    DOE proposed to modify the calculation for annual energy use to 
make it consistent with the annual operating cost calculation. 75 FR 
29835. Currently, the energy conservation standards for refrigeration 
products are based on the annual energy use calculated for these 
products. This value is calculated based on a ``standard cycle.'' (see 
10 CFR 430.23(a)(5) and (b)(5)). The standard cycle is defined as ``the 
cycle type in which the anti-sweat heater control, when provided, is 
set in the highest energy consuming position.'' (see Appendix A1, 
section 1.7 or Appendix B1, section 1.5).
    In contrast, the annual operating cost, which serves as the basis 
for the figures reported on the Federal Trade Commission's EnergyGuide 
label, can be calculated based on the average of energy consumption 
test results using the standard cycle and a cycle with the anti-sweat 
heater switch ``in the position set at the factory just prior to 
shipping''. (see 10 CFR 430.23(a)(2) and (b)(2)). Manufacturers 
generally set the switch off prior to shipping. Thus, the annual 
operating cost is calculated as an average of tests with the switch on 
and off. This is referred to as the ``anti-sweat heater switch 
averaging credit'' for the purposes of this discussion. DOE understands 
that most manufacturers test and rate refrigeration products equipped 
with anti-sweat heater switches using the averaging credit and use the 
same results for reporting both energy use and annual operating cost.
    DOE proposed to modify the annual energy use calculation to ensure 
consistency with the annual operating cost calculation by making 
changes to

[[Page 78828]]

10 CFR 430.23(a) and 10 CFR 430.23(b). 75 FR 29835.
    Electrolux favored preserving the current test procedure for 
testing with an anti-sweat heater switch and sought clarification 
regarding the agency's rationale for its proposed change. (Electrolux, 
No. 17.2 at p. 1, cell H50). DOE received no comments calling for 
elimination of the anti-sweat heater switch averaging credit. To 
clarify, DOE's proposed modification would change the test procedure to 
ensure consistency with the manner in which manufacturers already test 
products--by averaging the test results with the anti-sweater heater 
switch positioned in the on and the factory-set positions. As explained 
in the NOPR, this approach was the original intent of the test 
procedure, and there is nothing from the preamble to the final rule 
that first established the annual energy use metrics of 10 CFR 
430.23(a) and 430.23(b) (see 54 FR 6062 (February 7, 1989)) to indicate 
that the omission of the anti-sweat heater averaging credit in these 
metrics was anything but an oversight. 75 FR 29835. Having received no 
other comment from stakeholders, DOE has decided to proceed with the 
proposed modification.
9. Incorporation of Test Procedures for Products With Variable Anti-
Sweat Heating Control Waivers
    Variable anti-sweat heating (VASH) control systems are used to 
adjust the use of anti-sweat heaters based on ambient conditions. These 
systems are typically active under high humidity conditions but 
deactivate when their sensors detect that ambient humidity conditions 
are dry enough such that their operation is not required. 
Commercialized products incorporating such control systems have been 
tested for certification under test procedure waivers using a test 
procedure based on calculation rather than measurements. This procedure 
was initially proposed in a GE waiver petition, which was granted 
February 27, 2008 (GE waiver). 73 FR 10425, 10427. This procedure 
calculates the additional energy use of the anti-sweat heaters based on 
manufacturers' data for average heater power input at 10 different 
humidity levels. Id. To address products that have these systems, the 
NOPR proposed an alternative test procedure prescribing a method for 
measuring the energy use impact of the anti-sweat heaters during the 
product's operation, rather than the procedure described in the GE 
waiver. 75 FR 29835-29837.
    The proposed test would require measuring a product's energy use in 
a chamber controlled at 72 [deg]F at three different humidity levels, 
including a low humidity level for which the anti-sweat heater would be 
expected to be inactive. The difference in energy use measurements made 
in moderate- and high-humidity tests and the energy use measurement of 
the low-humidity test would provide a measurement of the energy use 
associated with the heaters operating under VASH control. These 
measurements would be used to calculate the energy use contribution 
associated with the anti-sweat heaters at the 10 humidity levels of the 
GE waiver. A weighted average of these energy use contributions, based 
on the same weighting factors of the GE waiver procedure, would 
constitute an adjustment factor that a manufacturer would add to the 
energy use measured during a test in a 90 [deg]F ambient with the anti-
sweat heaters deactivated, similar to the approach of the GE waiver. 
DOE had proposed that deactivation of the anti-sweat heaters in this 90 
[deg]F test would be achieved by requiring a low ambient humidity (i.e. 
less than 35% relative humidity) to ensure that the VASH control system 
would not engage the heaters. DOE proposed this procedure rather than 
adopt the GE waiver's calculation approach because DOE initially did 
not consider the calculation approach amenable to verification. DOE 
also proposed to use the standard cycle for calculating energy use for 
products with VASH control and anti-sweat heater switches rather than 
using the averaging credit for such products, as allowed in the GE 
waiver procedure because of concern that the additional energy savings 
associated with the switch is not likely to occur during consumer use 
if the VASH control already turns off the heaters when they are not 
needed. Id.
    Responding to this proposal, AHAM, Fisher & Paykel, and Whirlpool, 
asserted that (1) it is possible to independently verify published 
energy consumption measured under the GE waiver, (2) DOE's proposal 
imposes undue test burden on the manufacturer without a corresponding 
increase in accuracy, (3) DOE's proposal penalizes variable anti-sweat 
heater systems compared to fixed anti-sweat heater systems (because of 
the proposed elimination of the anti-sweat heater switch averaging 
credit), and (4) DOE's proposal has a significant impact on measured 
energy use, requiring adjustment of the energy conservation standards. 
(AHAM, No. 16.1 at pp. 2-3; Fisher & Paykel, No. 24.3 at p. 1; 
Whirlpool, No. 12.1 at pp. 4-5). GE also asserted that an independent 
laboratory could verify the reported energy consumption by measuring 
the wattage of the heater at the various humidity levels at the 
appropriate ambient temperature. (GE, Public Meeting Transcript, No. 10 
at pp. 80-81).
    AHAM noted that the requirement to control relative humidity in 
test chambers below 35 percent would increase test burden. (AHAM, 
Public Meeting Transcript, No. 10 at p. 85) GE added that achieving 95 
percent relative humidity is difficult because of the heavy amount of 
condensation that would result during testing. (GE, Public Meeting 
Transcript, No. 10 at p. 166) Electrolux expressed concern over the 
significant transition time when changing chamber humidity levels and 
allowing the product to reach equilibrium. (Electrolux, Public Meeting 
Transcript, No. 10 at pp. 167-168) Whirlpool, Electrolux, and GE 
reiterated that available humidity chambers are not currently capable 
of achieving the required accuracy for measuring energy consumption 
with the prescribed level of accuracy under the proposed procedure and 
that making the required upgrades to achieve this accuracy would not be 
possible within the proposed 30-day period.\6\ Whirlpool requested that 
these proposed changes take place in conjunction with the 2014 
standards that DOE is currently promulgating, but not earlier. 
(Whirlpool, Public Meeting Transcript, No. 10 at pp. 78-79; Electrolux, 
No. 17.2 at p. 1, cell H65; GE, Public Meeting Transcript, No. 10 at 
pp. 165-166).
---------------------------------------------------------------------------

    \6\ Stakeholders apparently have interpreted the effective date 
of the test procedure amendments, which is 30 days after the final 
rule, to also be the date that representations regarding energy use 
of manufactured products must start to be based on the amended test 
procedures. As explained earlier, the transition to representations 
based on the amended test procedure must occur within 180 days of 
the final rule.
---------------------------------------------------------------------------

    AHAM and Fisher & Paykel urged DOE to adopt the GE waiver in its 
entirety without modification. (AHAM, No. 16.1 at pp. 2-3; Fisher & 
Paykel, No. 24.3 at p. 1) In addition, AHAM stated in the public 
meeting that there is industry consensus around several issues: (1) 30 
days is insufficient to begin testing under this proposed procedure, 
(2) the increase in test burden would likely not change the test 
results, (3) Japanese researchers have presented data showing that the 
1.3 system factor \7\ is accurate, and (4) DOE should harmonize with 
IEC and Canada where possible. (AHAM, Public Meeting Transcript, No. 10 
at pp. 79-80) DOE notes that the IEC has not yet published

[[Page 78829]]

a test procedure incorporating the GE waiver procedure.
---------------------------------------------------------------------------

    \7\ The 1.3 system factor is used in the GE waiver test 
procedure to convert energy use of the anti-sweat heaters to energy 
use of the product.
---------------------------------------------------------------------------

    The PRC requested that the test procedure should use relative 
humidity measurement points of 35 percent and 80 percent instead of 25 
percent and 95 percent in order to yield representative results. The 
PRC asserted that a 25 percent relative humidity (RH) level would 
likely not require an anti-sweat heater and 95 percent RH conditions 
are rare. (PRC, No. 15.1 at p. 4) Whirlpool and Electrolux noted that 
the infiltration load (i.e. the thermal load added to the refrigeration 
system associated with leakage of ambient air into the cabinet) 
increases as ambient humidity increases. Hence, the adjustment factor 
determined using the measurement would include an adjustment for 
infiltration that is not associated with the anti-sweat heaters, which 
would exaggerate the impact of the heater energy use. (Whirlpool, 
Public Meeting Transcript, No. 10 at p. 167; Electrolux, Public Meeting 
Transcript, No. 10 at p. 71-73).
    NRDC supported DOE's proposal to measure variable anti-sweat heater 
energy and to define the moisture content of the test chamber. (NRDC, 
No. 21.1 at p. 4) NRDC suggested that DOE should allow manufacturers to 
apply for a waiver to avoid the test burden associated with achieving 
95 percent RH and allow manufacturers to use an alternative maximum-
humidity condition for the test. NRDC also indicated that manufacturers 
should report the anti-sweat heater wattages at different humidity 
levels to aid DOE's verification efforts. Id. ACEEE noted that 
Thermotron, Cincinnati Sub Zero, and Scientific Climate Systems all 
supply temperature- and humidity-controlled environmental chambers 
capable of achieving a relative humidity range of 20 percent to 98 
percent within 2-3 degrees of accuracy. (ACEEE, No. 19.1 at p. 2).
    NIST also made a general request during the public meeting that DOE 
require manufacturers to report their heater control algorithms in 
certification reports. NIST also requested that DOE modify the test 
requirements to ensure that the humidity levels used during testing are 
selected based on the algorithm details to provide the most appropriate 
test for verifying the performance of a tested product's anti-sweat 
heater. (NIST, Public Meeting Transcript, No. 10 at pp. 75-76) 
Electrolux also pointed out that different products may use different 
control strategies. (Electrolux, No. 17.2 at p. 1, cell H53).
    The IOUs recommended that DOE investigate VASH control 
characteristics to ensure that the test procedure favors those systems 
that use more adaptive controls. The IOUs also asked that DOE consider 
requiring confirmation during the test that the anti-sweat heater is 
off at the 25 percent RH condition to prevent circumvention of the test 
procedure. (IOUs, No. 14.1 at p. 4). Fisher & Paykel also voiced 
concern about the potential for circumvention associated with heaters 
that do not deactivate at 25 percent RH (Fisher & Paykel, No. 24.3 at 
p. 2). The company explained that because the incremental energy use 
associated with the proposed test at 65 percent and 95 percent relative 
humidities involves subtracting the measured energy use of those tests 
from the energy use measured in the 25 percent relative humidity test, 
any activation of the heaters in the 25 percent test would increase the 
energy measured in the 25 percent test, which would reduce the 
incremental energy use calculated by the subtractions for the 65 and 95 
percent tests. A manufacturer can simply reduce the energy use 
adjustment determined for the anti-sweat heaters (which is determined 
based on the incremental measurements of the 65 and 95 percent tests) 
by allowing activation of the heaters during the 25 percent test. 
However, DOE notes that this concern was intended to be alleviated in 
the proposed procedure by also requiring that the 90 [deg]F ambient 
test be conducted using sensor-based deactivation of the heaters, also 
in a 25 percent relative humidity ambient. Any reduction of measured 
heater energy use in the 72 [deg]F/25 percent relative humidity test 
due to heater activation would be negated by higher energy measurement 
in the 90 [deg]F/25 percent relative humidity test.
    Fisher & Paykel also indicated that the proposed equations for the 
energy differences at 65 percent and 95 percent relative humidities 
presented in the proposed new Appendix A were incorrect, using minus 
signs where equals signs should have been. (Fisher & Paykel, No. 24.2 
at p. 3). See 75 FR at 29864.
    DOE acknowledges the potential burden associated with the proposed 
VASH test procedure and that the proposal did not fully address all 
VASH control variants, nor the possibility of exaggeration of the 
measurement as a result of infiltration (as suggested by the Electrolux 
and Whirlpool comments). Notwithstanding this fact, DOE continues to 
believe that the adoption of a measurement-based test as opposed to a 
calculation to account for the energy use of products employing these 
types of control systems is critical to ensuring that the procedures 
yield meaningful information regarding the performance of products 
equipped with these systems. Without such a method, DOE's ability to 
resolve cases of circumvention (i.e. a manufacturer claiming that a 
product has variable anti-sweat heater control when it does not) would 
be significantly weakened. This is because, although DOE could conduct 
tests to verify manufacturers' claims regarding their control 
algorithms, as suggested by some stakeholders (AHAM, No. 16.1 at pp. 2-
3; Fisher & Paykel, No. 24.3 at p. 1; Whirlpool, No. 12.1 at pp. 4-5), 
the test procedures used for such verification are not codified and 
could be called into question. Also, the direct measurement of anti-
sweat heater wattage as suggested in the comments may be difficult or 
impossible, depending on the routing of wires to these heaters. 
However, in lieu of a more comprehensive VASH test procedure, DOE is 
codifying the procedure that DOE previously approved as part of the 
test procedure waivers granted to several manufacturers. This approach 
will provide a uniform method to help account for the energy used by 
these systems until such time that DOE re-examines this procedure and 
decides on potentially more comprehensive modifications. Hence, the GE 
waiver procedure has been adopted in Appendices A1 and A.
    DOE believes that the use of the averaging credit for products with 
anti-sweat heaters and VASH control is inconsistent with field usage, 
because, as described in the NOPR, an anti-sweat heater switch is not 
likely to provide additional savings if the VASH controls already 
respond to ambient conditions and turn off the heaters when they are 
not needed. 75 FR 29837. However, DOE believes that this provision 
should remain in place at this time, as specified in the GE waiver 
procedure, because without the ability to turn off the anti-sweat 
heater with such a switch, it would be difficult to conduct the test as 
specified in the waiver because turning off the heaters would require 
disconnecting the wires supplying their power, which may be difficult 
or impossible with damaging the product. It is not clear that 
universally-applicable instructions could be developed for running the 
90 [deg]F ambient test with the anti-sweat heater disengaged for 
products without such switches. Developing a general procedure 
addressing VASH systems would likely need to include development of an 
approach to address this issue for these products in order to ensure 
that the

[[Page 78830]]

procedure provides results comparable to the energy usage found in the 
field.
    DOE also sought comment on whether the VASH test procedures should 
apply to freezers as well as refrigerator-freezers. AHAM and Fisher & 
Paykel both indicated that these test procedures should apply to 
freezers (AHAM, No. 16.1 at p. 3: Fisher & Paykel, No. 24.2 at p. 1). 
Based on these responses, the final rule will add these procedures to 
Appendices B1 and B.
10. Elimination of Part 3 of the Variable Defrost Test
    DOE proposed eliminating the optional third part of the test 
currently in place for products equipped with a variable defrost 
capability. 75 FR 29839-29840. The current procedure, which appears at 
10 CFR part 430, subpart B, appendix A1, section 4.1.2.3, was added to 
the test procedures in 1989. 54 FR 36238. This test was designed to 
measure the mean time between defrosts for variable defrost-equipped 
products. DOE included this optional step to provide manufacturers with 
an alternative to the default specification for the CT value (10 CFR 
part 430, subpart B, appendix A1, section 5.2.1.3) that would 
ordinarily be used when calculating energy use. (CT represents the 
number of hours of compressor operation between defrost cycles)
    As the NOPR explained, the time required to conduct this part of 
the test ranges from 1 to 2 weeks. To ascertain the impact on accuracy 
of using the default calculation for CT rather than the optional test, 
DOE tested a variable defrost product using the optional procedure. The 
test results showed that the calculated energy use using the CT 
determined by the optional third part of the test differs from the 
energy use determined using the default value of CT by less than 0.4% 
(Third Part Test, No. 33 at p. 1, cell E57). DOE is unaware of any 
manufacturer that has used the optional procedure to rate a 
refrigeration product, which indicates to DOE that the industry 
generally considers the default equation for CT to be adequately 
represent the performance of variable defrost systems. For this reason, 
and to simplify the test procedure, DOE proposed to eliminate this 
optional test from Appendices A1, B1, A, and B. 75 FR 29839-29840.
    Both AHAM and Whirlpool supported the proposal to eliminate the 
optional third part of the test. (AHAM, No. 16.1 at p. 6; Public 
Meeting Transcript, No. 10 at p. 111; Whirlpool, No. 12.1 at p. 4) DOE 
did not receive any comments from manufacturers or other parties that 
indicate that the test has been used to rate a product's energy use. 
DOE did not receive any comments in favor of retaining this optional 
step. Hence, DOE has decided to adopt its proposal to eliminate this 
optional step.
11. Corrections and Other Test Procedure Language Changes
    This section discusses three other amendments to the current test 
procedure.
Simplification of Energy Use Equation for Products With Variable 
Defrost Control
    DOE proposed modifying Appendix A1 by removing the clarifying 
equations for F, ET<INF>M</INF>, and ET<INF>L</INF>, eliminating 
references to the optional third part of the test (see section III.D.10 
above, which discusses eliminating this part of the test), and 
correcting the units in the definitions for CT<INF>M</INF> (maximum 
time between defrosts in hours of compressor run time) and 
CT<INF>L</INF> (lowest time between defrosts in hours of compressor run 
time). Additionally, DOE proposed that parallel changes be made in 
Appendices B1, A, and B. (In Appendix B1, the change would be made in 
the current section 5.2.1.3.) 75 FR 29840.
    AHAM supported the proposed modifications. (AHAM, No. 16.1 at pp. 
6-7) Fisher & Paykel commented that the proposed language would not 
sufficiently clarify that the CT, CT<INF>M</INF> and CT<INF>L</INF> 
values represent compressor run time rather than clock time.
    In order to address Fisher & Paykel's comment, DOE has modified the 
sections of the test procedure that use CT in the energy use equations 
(e.g. sections 5.2.1.2 through 5.2.1.5 of the new Appendix A) to help 
clarify that these values represent compressor run time rather than 
clock time. DOE notes that not all of these sections required exactly 
the same modifications. Similar adjustments have also been made in 
Appendices A1, B1, and B.
Energy Testing and Energy Use Equation for Products With Dual Automatic 
Defrost
    DOE proposed to amend Appendix A1 to correct certain errors in the 
instructions for testing dual automatic defrost-equipped products. 
These proposed amendments affected two areas. First, DOE proposed to 
modify the text in section 4.1.2.4 of Appendix A1 to explicitly include 
the compressor and defrost heater in the list of components associated 
with each system that must have their energy use separately measured. 
Second, DOE proposed to correct errors in the energy use equation that 
addresses this class of products (section 5.2.1.5 of Appendix A1 of the 
current test procedure). 75 FR 29841.
    DOE received no comments objecting to these proposed changes. 
However, AHAM suggested that DOE adopt a different approach. 
Specifically, AHAM suggested removing the dual compressor system 
equations of section 5.2.1.4, removing the proposed test procedure for 
products with multiple defrost cycle types (proposed as section 5.2.1.6 
of Appendix A--see section III.E.2 below), and inserting a more general 
procedure addressing multiple compressor systems as well as single-
compressor systems with more than one active defrost cycle. AHAM's 
written comments included a draft test procedure for DOE's 
consideration. AHAM explained that the modified equations would be 
simpler and more efficient, and that, because they are under 
consideration by the IEC and other countries, their adoption would 
enhance international standards harmonization. (AHAM, No. 16.1 at p. 7) 
Sub Zero supported AHAM's comment regarding this issue. (Sub-Zero, No. 
23.1 at p. 1)
    DOE notes that a key distinction between the energy use 
calculations of proposed section 5.2.1.6 and the calculations of 
section 5.2.1.4 is that the former applies to products with a single 
compressor with multiple defrost cycle types, while the latter applies 
to products with two compressors. DOE believes that testing products 
equipped with two compressors is significantly more complicated than 
testing products with single compressors and multiple defrost cycle 
types because, when conducting the second part of the test that 
measures defrost cycle energy use for one of the two or more 
refrigeration systems, the operation of these other compressors 
continues. Unless the average energy use of these compressors and their 
fans is the same during the second part of the test conducted for the 
first compressor as it is for the first part of the test, the 
difference in their energy use for the two parts of the test will be 
added to or subtracted from the first-compressor defrost cycle energy 
measurement. The only way to avoid this addition or subtraction is by 
separately measuring the systems during both the first part of the test 
and during the second part of the test. In contrast, for a system with 
a single compressor but multiple evaporators, the compressor turns off 
during the defrost cycle for any of the evaporators, which allows the 
product's measured overall energy use to accurately measure defrost 
cycle energy use. Hence, establishing the proposed section 5.2.1.6 will 
both permit a simpler approach to testing single-compressor products 
with

[[Page 78831]]

multiple defrost cycle types and ensure that energy measurement for 
these products is accurate.
    After analyzing this alternative proposal for multiple compressors, 
DOE does not believe that it simplifies testing of systems with two or 
more compressors. In particular, it does not alleviate the test 
procedure burden associated with having to separately measure the 
energy use for the different systems, which is part of the procedure of 
the current dual-compressor product test procedure. DOE understands 
that this is a key difficulty in testing such systems since it 
introduces burden and that, in some cases, it may be impossible to 
accomplish, depending on the details of the internal wiring of such 
products. DOE is not convinced that AHAM's approach avoids the need for 
a separate measurement. AHAM's proposed equation includes a term 
EP2<INF>j</INF> that is defined as the average power for system ``j'' 
while system ``i'' is in defrost and recovery. Measuring the average 
power for this system would still require a separate measurement, as 
provided under the current test procedure for dual compressor systems. 
Thus, the AHAM-proposed procedure appears to represent little or no 
improvement over the current procedure.
    DOE acknowledges that this final rule does not eliminate the 
difficulty of obtaining separate energy use measurements required in 
the test procedure for dual compressor products. However, as discussed 
above, neither does the AHAM-proposed approach. Additionally, as far as 
DOE is aware, the AHAM procedure has not been subject to the review of 
interested parties. It is a fairly complex procedure and its adoption 
into DOE's regulations would require review and comment by the public. 
In light of DOE's statutory obligation to finalize the refrigeration 
product energy conservation standard rulemaking by the end of this 
year, a complete evaluation of AHAM's procedure is not possible within 
the context of this rulemaking. Hence, DOE has retained in Appendices 
A1 and A, the dual-compressor system test procedure with the 
modifications proposed in the NOPR. DOE may consider further revising 
this part of the procedure in a future rulemaking to address the 
measurement issues discussed in this section and may reconsider AHAM's 
proposal at that time.
Freezer Variable Defrost
    This section discusses an issue independently raised by 
stakeholders and is not directly related to any of the specific NOPR 
proposals. In the test procedures set out for variable defrost-equipped 
freezers, AHAM pointed out that the energy use equations are missing 
the freezer correction factor k. (AHAM, No. 16.1 at p. 11) The factor k 
adjusts the measured energy use for freezers for consistency with 
consumer usage patterns of these products. Its value is 0.85 for 
upright freezers and 0.7 for chest freezers. Applying these values 
means that the calculated energy use of upright freezers is 15% lower 
than the measured energy use. Correspondingly, the calculated energy 
use of chest freezers is 30% lower than the measured energy use.
    DOE notes that the other energy use equations of the current 
version of Appendix B1 (sections 5.2.1.1 and 5.2.1.2), which 
collectively address products that are not equipped with variable 
defrost, include the factor k. Variable defrost was introduced into the 
test procedures for refrigerators, refrigerator-freezers, and freezers 
in the 1989 final rule. 54 FR 36238. That final rule did not address 
the omission of the freezer correction factor in the equations for 
energy use of freezers with variable defrost. From the absence of any 
discussion of this issue in the preamble, there is nothing to suggest 
that DOE intended to treat variable defrost freezers differently from 
freezers not having this type of control. Hence, today's final rule 
corrects this oversight.
12. Including in Certification Reports Basic Information Clarifying 
Energy Measurements
    This section describes amendments for reporting that were proposed 
in the NOPR but will be adopted in the CCE rulemaking. 75 FR 56819. DOE 
proposed to modify its regulation to require that certification reports 
explain how products with advanced controls features (e.g. variable 
defrost control or variable anti-sweat heater control) or with 
temperature sensor locations different from the standard locations are 
tested. 75 FR 29841-42. The energy use of such products cannot be 
measured properly without knowing specific information regarding these 
control systems or how the temperature sensor locations have been 
modified from their standard locations. This information impacts how 
such a product is tested and how its energy use is calculated. In order 
to allow verification of the energy use ratings for such products by 
parties other than their manufacturers, DOE proposed that information 
clarifying these test details be included in certification reports. Id.
    DOE proposed that manufacturers identify in their certification 
reports whether the product has (1) variable defrost control, and if 
so, the values of CT<INF>L</INF> and CT<INF>M</INF> used in the energy 
use calculation, (2) variable anti-sweat heater control, and (3) 
internal design details requiring adjustment during testing of 
temperature sensor locations from their standard locations. The NOPR 
proposed modifying 10 CFR 430.62(a)(4)(xii) to implement these changes. 
This section of the CFR lists the information specific to refrigeration 
products that must be provided in certification reports. The NOPR 
proposed that the relocation of temperature sensors from standard 
locations be allowed without petitioning for a waiver only if the new 
locations are no more than 2 inches from the standard locations. Id.
    DOE sought comment and suggestions on its proposal. AHAM and 
Whirlpool supported adding the proposed data to the certification 
report reporting requirements if parallel changes are made to DOE's 
online data submission template. (AHAM, No. 16.1 at p. 11; Whirlpool, 
No. 12.1 at p. 8) However, AHAM added that the temperature sensor 
locations would need to remain confidential until the certification 
reports are submitted to DOE. (AHAM, Public Meeting Transcript, No. 10 
at p. 48) As described in section III.D.3, stakeholders opposed using 
the waiver process for reporting any deviation from the standard 
locations. DOE has decided not to include a requirement for waivers in 
case of temperature sensor relocation since it will be receiving this 
information as part of a certification report.
    Stakeholders also encouraged DOE to add a requirement to report the 
wattage values used in the variable anti-sweat heating energy use 
calculation. See Section III.D.9, above. Based on these comments and 
the absence of any objections, DOE is modifying this proposal within 
the context of the CCE rulemaking to require manufacturers to report 
the wattages used in the variable anti-sweat heating energy use 
calculation for products having this type of control system.
    Any such changes that DOE may make to these reporting requirements 
would be made through the ongoing CCE rulemaking and would be set out 
in a new 10 CFR part 429. 75 FR 56819. DOE will also make any necessary 
updates to its online data submission template as appropriate.
13. Rounding Off Energy Test Results
    DOE requested comment on whether it needed to clarify the test 
procedure to specify the required precision in reporting refrigeration 
product energy use. 75 FR 29847.

[[Page 78832]]

    AHAM and Whirlpool both supported rounding annual energy use to the 
nearest kilowatt-hour. (AHAM, No. 16.1 at p. 10-11; AHAM, Public 
Meeting Transcript, No. 10 at p. 162; Whirlpool, No. 12.1 at p. 7) No 
commenters objected to this approach. Hence, with this final rule, DOE 
will implement this requirement in 10 CFR 430.23(a), for refrigerators 
and refrigerator-freezers, and in 10 CFR 430.23(b), for freezers.
    DOE recognizes that, if energy use is reported to the nearest 
kilowatt-hour, the specification of maximum allowable energy use must 
also be rounded to the nearest kilowatt-hour to prevent a reporting 
error. For example, if the energy standard was 500.7 kWh for a product 
whose energy use measurement was 500.6 kWh, rounding the measurement to 
501 kWh might appear to show energy use higher than the maximum 
allowable under the standard. Hence, DOE also proposed that the maximum 
allowable energy use under the energy conservation standard be rounded 
to the nearest kilowatt-hour as part of the energy conservation 
standard rulemaking. 75 FR 59570.
    Because this change is primarily clerical and does not represent a 
change in the measured energy use of these products, DOE is not 
delaying the implementation of this provision as part of the new 
standards that are under consideration for 2014. Accordingly, this 
provision will be inserted into 10 CFR part 430, subpart C, section 
32(a).

E. Amendments To Take Effect Simultaneously With a New Energy 
Conservation Standard

    This section discusses additional proposed changes that would apply 
to manufacturers when demonstrating compliance with any standard levels 
that DOE sets as part of its parallel rulemaking for amended energy 
conservation standards, scheduled to take effect in 2014. DOE had 
initially proposed that two of these changes be required for testing 
products prior to the compliance date of the new energy conservation 
standards, but, due to stakeholders comments, DOE has shifted these so 
that they will be required for testing starting on the compliance date 
of the new energy standards. These two changes include (1) modifying 
the test procedures for products with long-time or variable defrost 
functions to capture precooling energy use and (2) establishing test 
procedures for products with multiple defrost cycle types. (Sections 
III.E.1 and III.E.2 below discuss these amendments.) DOE further notes 
that some of the amendments that it had proposed have been modified to 
mitigate their potential impacts. These include the proposed amendments 
affecting convertible and special compartments and test procedures for 
products with variable anti-sweat heater control, discussed in sections 
III.D.5 and III.D.9 above. These changes were made to help ensure that 
manufacturers obtain test results that are representative of average 
consumer use.
    Responding to the NOPR, stakeholders commented that DOE should 
adjust the new energy conservation standard to address the potential 
changes in measured energy use associated with several of the proposed 
test procedure amendments. AHAM and ACEEE jointly commented that if DOE 
adopts the energy standards jointly proposed by industry and energy 
advocates, the standards should be revised to ensure that there is no 
change in the stringency of the allowable energy use before and after 
the changes to the test procedures. (Joint Comments, No. 20.1 at p. 3) 
The standard levels proposed in the energy conservation standard NOPR 
(see 75 FR 59471-59472) were set taking into consideration the impacts 
of the compartment temperature changes and the modified volume 
calculation method. These test procedure amendments are described below 
in sections III.E.4 and III.E.5. Commenters indicated that additional 
adjustment of the new energy conservation standards might be necessary. 
These issues are discussed in other sections of this notice. However, 
DOE notes that the adjustment of the energy conservation standard is 
not within the scope of today's notice and does not provide a final 
resolution of these issues.
1. Modification of Long-Time and Variable Defrost Test Method To 
Capture Precooling and Temperature-Recovery Energy
    DOE proposed to revise the test procedures for products with long-
time or variable defrost to capture precooling energy. 75 FR 29837-
29839. Long-time defrost is defrost control in which compressor run 
time between defrosts exceeds 14 hours. Variable defrost is a type of 
defrost control in which the time interval between defrosts is adjusted 
based on need, i.e. when a sufficient amount of moisture has collected 
on the evaporator as frost to reduce refrigeration performance.
    Precooling involves cooling the compartment(s) of a refrigerator-
freezer to temperatures significantly lower than the user-selected 
temperature settings prior to an automatic defrost cycle. This 
technique may be employed in certain systems to limit maximum freezer 
compartment temperature during defrost cycles. A precooling control 
system initiates an extra long compressor run before the defrost cycle 
to reduce the temperature of the cabinet or one of its compartments 
significantly more than would occur during a normal compressor cycle. 
An extra long compressor run is one where the compressor on-cycle 
continues for at least 10% longer than the length of a typical 
compressor on-cycle after the compartment temperature has dropped down 
to the temperature at which the compressor typically turns off during 
steady state cycling operation between defrosts.
    Although precooling consumes energy in refrigeration products used 
by consumers, the current test procedure does not include this energy 
use. The current long-time defrost test (used also for products with 
variable defrost) consists of two parts. The first part measures the 
steady cycling energy use of the refrigerator-freezer with no 
contribution from the defrost cycle. The second part measures the 
energy use contribution associated with the defrost cycle. The second 
part of the test starts when the last compressor cycle before the 
defrost stops. Appendix A1, section 4.1.2.1. If this last compressor 
cycle is a precooling cycle, representing more average energy use than 
is measured during part 1 of the test, the test cannot measure all of 
the energy use associated with the defrost cycle. This situation 
presents a potential loophole in the current test procedure that the 
amendment described in this section is closing.
    The DOE test procedure for products with automatic defrost in which 
defrost cycles are separated by less than 14 hours of compressor run 
time specify that the test period be ``from one point during a defrost 
period to the same point during the next defrost period.'' 10 CFR part 
430, subpart B, appendix A1, section 4.1.2. In 1982, DOE amended the 
test procedures to include the alternative procedure for long-time 
defrost (section 4.1.2.1 of Appendix A1) to accommodate long periods of 
time between defrosts (i.e. significantly greater than 24 hours of test 
time) without making the energy test period unduly burdensome. 47 FR 
34517 (August 10, 1982). This change, made to reduce test burden, was 
made at a time when control systems capable of precooling were not in 
general use--hence, the time period defined for the test did not 
include precooling compressor cycles. The change does not imply that 
DOE had intended that part of the energy use associated with defrost 
does not need to be measured.

[[Page 78833]]

    The variable defrost test, introduced in 1989, accommodates even 
longer times between defrosts compared to the time periods in the long-
time defrost test. (See 54 FR 36238 discussing calculated values of CT 
(hours of compressor run time between defrosts to be used in the 
equation for energy consumption) with values ranging from 28.96 to 45 
hours, as compared to approximately 14 hours for long-time defrost).
    DOE proposed to make the following modifications to address 
precooling energy use:
    <bullet> Modifying the long-time defrost test procedure description 
to read as follows.
    4.1.2.1 Long-time Automatic Defrost. If the model being tested has 
a long-time automatic defrost system, the two-part test described in 
this section may be used. The first part is the same as the test for a 
unit having no defrost provisions (section 4.1.1). The second part 
starts when the compressor turns off at the end of a period of steady-
state cycling operation just before initiation of the defrost control 
sequence. If the compressor does not cycle during steady-state 
operation between defrosts, the second part starts at a time when the 
compartment temperatures are within their ranges measured during steady 
state operation, or within 0.5 [deg]F of the average during steady 
state operation for a compartment with a temperature range during 
steady state operation no greater than 1 [deg]F. This control sequence 
may include additional compressor operation prior to energizing the 
defrost heater. The second part terminates when the compressor turns on 
the second time after the defrost control sequence or 4 hours after the 
defrost heater is energized, whichever occurs first. See Figure 1. 75 
FR 29838-39.
    <bullet> Modifying Figure 1, which shows the long-time defrost test 
period to reflect the proposed language discussed above and adding a 
second illustration showing the appropriate measurement technique when 
there is precooling. Id.
    ACEEE, NRDC, and the IOUs supported the proposed language for the 
long-time automatic defrost test method (ACEEE, No. 19.1 at p. 3; NRDC, 
No. 21.1 at p. 4; IOUs, No. 14.1 at p. 5) Whirlpool supported modifying 
the test procedure to clarify that the second part of the test starts 
when the compartment temperatures are at steady state operation, adding 
parenthetically that this could be interpreted to mean within 0.5 
[deg]F. (Whirlpool, No. 12.1 at p. 6) GE supported the inclusion of a 
means to measure precooling energy use in the test procedure. (GE, 
Public Meeting Transcript, No. 10 at p. 97)
    AHAM suggested that the test procedure specify that the average 
temperatures be the averages calculated from the first part of the 
long-time defrost test. AHAM also commented that the test procedure 
should rely on temperature control cycles instead of compressor time in 
order to address variable speed compressors. (AHAM, No. 16.1 at p. 8; 
AHAM, Public Meeting Transcript, No. 10 at p. 105)
    Fisher & Paykel supported starting (and stopping) the defrost and 
recovery measurements in steady state conditions. (Fisher & Paykel, No. 
24.2 at p. 2)
    Electrolux expressed two key concerns regarding the proposed test 
procedure language. It noted that (1) the procedure must be able to 
address both cycling and variable-speed compressors and (2) the 
proposed test procedure does not sufficiently clarify how to determine 
when the test starts, i.e. what temperature criteria are used. 
(Electrolux, No. 17.2 at p. 1, cell H74)
    AHAM, Whirlpool, GE, Electrolux, PRC, and NIST noted that the 
proposed modification to the test procedure for pre-cooling energy 
would affect tested energy use. (AHAM, Public Meeting Transcript, No. 
10 at p. 104; AHAM, No. 16.1 at p. 8; Whirlpool, No. 12.1 at p. 6; GE, 
Public Meeting Transcript, No. 10 at pp. 96-97; Electrolux, No. 17.2 at 
p. 1, cell H74; PRC, No. 15.1 at p. 4; NIST, Public Meeting Transcript, 
No. 10 at pp. 103-104) AHAM, Whirlpool, GE, and NIST also indicated 
that this impact should be considered as part of the new energy 
conservation standard and that the test procedure amendment should not 
be implemented prior to 2014. Id.
    DOE notes the contrast between statements of Fisher-Paykel 
indicating that the proposed language (``steady state conditions'') is 
sufficient to describe the starting point for the second part of the 
test and those of Electrolux indicating that the start time is 
ambiguous. (Fisher-Paykel, No. 24.2 at p. 2; Electrolux, No. 17.2 at p. 
1, cell H74) Whirlpool suggested that DOE quantify the temperature 
criterion for the start time of the second part of the test, i.e. 0.5 
[deg]F (Whirlpool, No. 12.1 at p. 6) DOE received later clarification 
that this statement meant that the second part of the test should start 
when the compartment temperature is within 0.5 [deg]F of the average 
temperature of the first part of the test. (Clarification of Written 
Comments Submitted by Whirlpool Corporation, No. 35 at p. 2) DOE 
recognizes the value of providing a set specification, and the interim 
final rule addresses this concern.
    As described below, DOE considered what criterion could be used to 
specify start of the second part of the test.
    DOE notes that specifying a start time for the second part of the 
test when the compartment temperature is within 0.5 [deg]F of its 
first-part average is not generally appropriate, because this 
requirement would conflict with the typical start time of the second 
part under the current test procedure for a product with a cycling 
compressor--at the end of a compressor on-cycle, when the compartment 
temperature should be near the minimum temperature measured during the 
first part of the test. However, DOE notes that selecting a start time 
for the second part when the compartment temperature is within 0.5 
[deg]F of its minimum temperature measured during the first part is 
also inappropriate, since a manufacturer could program a control to 
provide one temperature minimum during the first part at a low extreme 
and repeat this low extreme just prior to the defrost. The added energy 
use associated with the extended compressor operation to achieve this 
low extreme during the first part of the test might be mitigated in the 
energy use calculation because (a) an extended compressor shutdown as 
the compartment temperature rises again would lower measured energy 
use, (b) the relatively long duration of the first part of the test 
reduces the average power impact of the single extended compressor run, 
and (c) the average compartment temperature during this extended 
compressor run and its subsequent off period would be lower than during 
steady state operation, thus reducing the temperature measured for the 
first part of the test, which reduces the energy use calculated as 
described in Appendix A1, section 6.2. Such a control approach 
(initiating one extended compressor run during the first part of the 
test) could eliminate precooling energy from the energy use measurement 
without a significant energy use penalty (i.e. without a significant 
increase in the energy use measured during the first part of the test 
as a result of the single extended compressor run).
    DOE considered a start for the second part of the test when the 
compartment temperature is within 0.5 [deg]F of the average of the 
minimum temperatures achieved at the ends of each of the compressor 
runs during the first part. However, such a requirement would be 
complicated and potentially burdensome to calculate.
    DOE will instead provide a specification based on the averaging of 
compartment temperatures over a full compressor cycle to clarify what 
it

[[Page 78834]]

means to be at the end of such a period of steady state operation. The 
clauses describing the starting time for cycling compressor systems 
during the second part of the test is as follows: ``* * * the second 
part starts at the termination of the last regular compressor ``on'' 
cycle. The average temperature of the compartment measured from the 
termination of the previous compressor ``on'' cycle to the termination 
of the last regular compressor ``on'' cycle must be within 0.5 [deg]F 
of the average temperature of the compartment measured for the first 
part of the test.'' This change responds to stakeholders' desires for a 
specification based on temperature measurement.
    In response to the concerns expressed by AHAM and Electrolux 
regarding the treatment of products with variable-speed compressors, 
DOE's proposed language specifies how to start the test for such 
products. To cover these systems, the proposal included the following 
language: ``If the compressor does not cycle during steady-state 
operation between defrosts, the second part starts at a time when the 
compartment temperatures are within their ranges measured during steady 
state operation, or within 0.5 [deg]F of the average during steady 
state operation for a compartment with a temperature range during 
steady state operation no greater than 1 [deg]F.'' 75 FR 29839. 
However, DOE agrees with AHAM that the reference to steady state 
operation for this part of the test procedure should clarify that the 
reference is to the steady state operation of the first part of the 
test. Hence, DOE will modify this text to read, ``the second part 
starts at a time before defrost during stable operation when the 
compartment temperature is within 0.5 [deg]F of the average temperature 
of the compartment measured for the first part of the test.'' The 
clause uses ``stable operation'' rather than ``steady state'' to 
distinguish from the definition of steady state in Appendix A1 section 
2.5.
    Responding to comments that the proposed test procedure amendment 
to address precooling would alter the measured energy use, DOE has 
decided to remove this proposed language from Appendices A1 and B1 and 
to retain them for Appendices A and B. In DOE's view, the overall 
objective of the test procedure is to measure the product's energy 
consumption during a representative average use cycle or period of use. 
42 U.S.C. 6293(b)(3). To ensure that its procedures sufficiently 
measure the energy consumption of these regulated products, DOE 
believes it is necessary to capture the energy consumption of 
precooling systems.
Amendments To Address Partial Recovery
    DOE also requested comment on whether DOE should consider an 
amendment in the long-time and variable defrost test procedure to 
capture energy use associated with temperature recovery after the end 
of the second part of the test currently contained in the test 
procedure. (the ``partial recovery'' issue) 75 FR 29839.
    The energy use associated with the defrost cycle includes energy 
used by the refrigeration system to remove the heat added to the 
compartment by the defrost heater and the thermal load added to the 
compartment while the compressor was not operating. The compressor runs 
for an extra long period after defrost to remove this heat and bring 
the compartment temperature down to the levels typical for steady 
state. For a cycling compressor system, this generally means that the 
temperature at the end of this long run would be close to the typical 
temperature measured during the first part of the test after each 
regular compressor on-cycle. The second part of the test ends when the 
compressor starts the second time after defrost (see Appendix A1 
section 4.1.2.1). If the compartment temperature at the end of the 
first long compressor run after defrost is still significantly warmer 
than the typical first part compressor-stop temperature, a portion of 
the post-defrost cooldown is not captured by the second part of the 
test, and part of the energy used during consumer use is not measured 
by the test. As with precooling, this is a loophole in the test 
procedure that the amendments described in this section are closing.
    DOE did not propose a specific method to address partial recovery. 
Instead, DOE raised three possible options for stakeholders to 
consider, including (1) providing a temperature recovery specification 
for the compartment to define the end of the second part of the test, 
(2) extending the test by a specific amount of time after the defrost 
to assure temperature recovery, or (3) considering the average 
compartment temperature measured during the second part of the test 
when determining the average temperature that is used in the energy use 
calculation interpolation. 75 FR 29839.
    Stakeholders generally supported amending the procedure to capture 
the energy use associated with temperature recovery. NIST suggested 
that test procedure changes should be made to address partial recovery. 
It noted Working Group 12 of Technical Committee 59 of the IEC, which 
is developing IEC 62552, an international standard for testing 
refrigeration products, is considering incorporating the temperature of 
the second part of the test when calculating energy use. (NIST, Public 
Meeting Transcript, No. 10 at p. 104) Fisher & Paykel commented that 
the second part of the test should both start and end during steady 
state conditions. (Fisher & Paykel, No. 24.2 at p. 2) ACEEE and the 
IOUs supported DOE's proposal to address partial temperature recovery. 
However, the IOUs noted that SCE found through its own testing of 
several products that the impact of partial recovery on energy use was 
small. (ACEEE, No. 19.1 at p. 3; IOUs, No. 14.1 at p. 5) ACEEE 
recommended that DOE specify that the automatic defrost test continue 
until average freezer temperature is within 0.5 [deg]F of the average 
lowest temperature attained during steady-state operation. (ACEEE, No. 
19.1 at p. 3)
    AHAM requested that DOE use a holistic approach in modifying the 
test procedure to address both precooling and partial recovery. (AHAM, 
No. 16.1 at p. 8)
    DOE considered different approaches to address partial recovery in 
the second part of the test, as described below.
    DOE first considered the approach suggested by NIST in treating 
partial recovery. DOE concluded that such an approach would increase 
the measured energy use of refrigeration products, whether or not they 
exhibit partial recovery, since the energy use interpolation would be 
based on a measurement associated with a higher temperature. This 
result would occur because the energy use is calculated as an 
interpolation, which is a weighted average of the two measurements made 
at the two different temperature control settings. (See, e.g., Appendix 
A1, section 6.2.2.2) The first equation in this section is E = ET1 + 
((ET2-ET1) x (45.0-TR1)/(TR2-TR1)), where E is the energy use, ET1 and 
ET2 are the energy use measurements for the first and second tests, 
respectively, and TR1 and TR2 are the fresh food compartment 
temperatures for the first and second tests, respectively. In those 
cases where T2 is warmer than T1, ET2 would be less than ET1 (less 
energy would be measured when the compartments are warmer). The 
equation can be rearranged to read:

[[Page 78835]]

[GRAPHIC] [TIFF OMITTED] TR16DE10.004

    If both T1 and T2 were raised by a fixed increment, associated with 
including the temperature measured during the second part of the test 
in the compartment temperature measurement, the value used to multiply 
ET1 in the equation would increase, and the value used to multiply ET2 
would decrease. This result would increase the weighting of ET1, the 
higher energy use measurement, in the calculation for ET. In order to 
maintain better consistency with the current test procedure and avoid 
an energy standard adjustment to be applied to all products with long-
time or variable anti-sweat heater control, DOE rejected applying the 
compartment temperature measured during the second part of the test to 
this equation.
    DOE next considered the approach suggested by ACEEE to require the 
second part of the test to continue until the compartment temperature 
is within 0.5 [deg]F of the average lowest temperature attained during 
steady state operation. DOE points out two issues with this approach, 
as follows.
    First, the current test procedure requires the second part of the 
test to stop when the compressor cycles on the second time after the 
defrost. 10 CFR part 430, subpart B, appendix A1, section 4.1.2.1. The 
test stop time suggested by ACEEE, when the compartment temperature is 
within 0.5 [deg]F of a minimum temperature measured in the first part 
of the test, is a time at the end of a period of compressor operation, 
since the compressor must operate to bring the temperature down to this 
minimum, and the compartment temperature starts to increase again 
shortly after the compressor stops. Using a stop time for the second 
part of the test when the compressor stops would make a significant 
impact on the measured energy use, as reported in the NOPR public 
meeting presentation. (Public Meeting Presentation, No. 9 at p. 53)
    Second, the ``average lowest temperature'' is the average of the 
series of minimum temperatures associated with the ends of compressor 
on-cycles during the first part of the test. Such an average would be 
burdensome to calculate, as described above in the discussion of 
precooling.
    DOE agrees, however, with using a temperature specification rather 
than a compressor event to determine the stop time for the second part 
of the test. DOE feels this is appropriate because the temperature is 
an indicator of the thermal state of the product, while the control 
system could start and stop the compressor at any time, whether or not 
stable conditions have been reached. Consistent with the amendment 
described above associated with the start time of the test, the new 
amendment will provide a means to indicate for systems with cycling 
compressors whether a given system has re-entered steady state 
operation. This amendment will provide that ``[t]he test period for the 
second part of the test ends at the initiation of the first regular 
compressor cycle after the compartment temperatures have fully 
recovered to their stable conditions.'' Additionally, ``[t]he average 
temperature of the compartment measured from this initiation of the 
first regular compressor ``on'' cycle until the initiation of the next 
regular compressor ``on'' cycle must be within 0.5 [deg]F of the 
average temperature of the compartment measured for the first part of 
the test.'' These changes will appear in Appendices A and B in a new 
section 4.2.1.1.
    For products with variable speed compressors, specifying a stop 
time for the second part of the test is similar to the specification of 
start time. In this instance, ``[t]he second part stops at a time after 
defrost during stable operation when the compartment temperature is 
within 0.5 [deg]F of the average temperature of the compartment 
measured for the first part of the test.'' This is a simple 
requirement, consistent with the requirement for start of the second 
part of the test, and consistent with the recommendations of AHAM to 
address variable speed compressors.
    The selection of stop times for the second part of the test, as 
described above addresses both cycling and variable speed compressors. 
It also uses compartment temperature rather than compressor cycling to 
define the test--both of these test characteristics were specifically 
requested by stakeholders. See the discussion above in this section. 
For non-cycling compressors, this amendment also reduces test time by 
allowing for the second part of the test to terminate prior to the four 
hours currently required by the test procedure. The current procedure 
specifies that the second part ``terminates at the second turn ``on'' 
of the compressor or four hours from the initiation of the defrost 
heater, whichever comes first.'' 10 CFR part 430, subpart B, appendix 
A1, section 4.1.2.1. DOE will, however, retain the 4-hour limit for the 
second part of the test, to limit test duration in case of extremely 
slow recovery.
    The modified procedure for the second part of the test that DOE is 
adopting today for incorporation as section 4.2.1 reads as follows: \8\

    \8\ DOE is also simplifying the numbering of section 4, which 
currently includes a section 4.1, but no section 4.2. The ``1.'' 
representing the second level of the numbering system will be 
removed from all of the current section numbers.
---------------------------------------------------------------------------

4.2.1 Long-time Automatic Defrost

    If the model being tested has a long-time automatic defrost 
system, the two-part test described in this section may be used. The 
first part is a stable period of compressor operation that includes 
no portions of the defrost cycle, such as precooling or recovery, 
that is otherwise the same as the test for a unit having no defrost 
provisions (section 4.1). The second part is designed to capture the 
energy consumed during all of the events occurring with the defrost 
control sequence that are outside of stable operation.

4.2.1.1 Cycling Compressor System

    For a system with a cycling compressor, the second part starts 
at the termination of the last regular compressor ``on'' cycle. The 
average temperature of the compartment measured from the termination 
of the previous compressor ``on'' cycle to the termination of the 
last regular compressor ``on'' cycle must be within 0.5 [deg]F of 
the average temperature of the compartment measured for the first 
part of the test. If any compressor cycles occur prior to the 
defrost heater being energized that cause the average temperature in 
the compartment to deviate from the first part temperature by more 
than 0.5 [deg]F, these compressor cycles are not considered regular 
compressor cycles and must be included in the second part of the 
test. As an example, a ``precool'' cycle, which is an extended 
compressor cycle that lowers the compartment temperature prior to 
energizing the defrost heater, must be included in the second part 
of the test. The test period for the second part of the test ends at 
the initiation of the first regular compressor cycle after the 
compartment temperatures have fully recovered to their stable 
conditions. The average temperature of the compartment measured from 
this initiation of the first regular compressor ``on'' cycle until 
the initiation of the next regular compressor ``on'' cycle must be 
within 0.5 [deg]F of the average temperature of the compartment 
measured for the first part of the test. The second part of the test 
may be terminated after 4 hours if the above conditions cannot be 
met. See Figure 1.

4.2.1.2 Non-cycling Compressor System

    For a system with a non-cycling compressor, the second part 
starts at a time before defrost during stable operation when the 
compartment temperature is within 0.5 [deg]F

[[Page 78836]]

of the average temperature of the compartment measured for the first 
part of the test. The second part stops at a time after defrost 
during stable operation when the compartment temperature is within 
0.5 [deg]F of the average temperature of the compartment measured 
for the first part of the test. The second part of the test may be 
terminated after 4 hours if the above conditions cannot be met. See 
Figure 2.

    To help clarify these procedures, DOE is modifying the already 
existing Figure 1 by adding both power input and compartment 
temperature information. Accordingly, Figure 1 will show the 
relationship between compressor power input and compartment 
temperature. DOE has also provided a figure illustrating the second 
part test period for a non-cycling compressor system as a new Figure 2.
Additional Test Period and Temperature Measurement Procedure Changes
    DOE determined that some additional test procedure changes are 
needed because of the compartment-temperature-based determination of 
start and stop times for the second part of the test. These changes 
include (1) further emphasis that the first part of the test does not 
include any portion of the defrost cycle such as precooling or 
temperature recovery, (2) use of the same test period for both energy 
and temperature measurements, and (3) clarification that if the 
defrosting of evaporators in both the freezer and fresh food 
compartments occurs simultaneously, the freezer compartment temperature 
shall serve as the basis of the second part start and stop. The first 
two changes are discussed in this section, while the third change is 
discussed in section III.E.2, below.
    The current specifications for the first part of the test for 
products with long-time or variable defrost prescribe that ``[a] first 
part would be the same as the test for a unit having no defrost 
provisions (current section 4.1.1).'' (Appendix A1, section 4.1.2.1) 
Current section 4.1.1 specifies a test period at least three hours long 
and consisting of two or more whole number of compressor cycles; for 
non-cycling compressors, a three-hour test period is specified. 
(Appendix A1, section 4.1.1) This definition of the first part of the 
test does not clearly indicate that it may not include any portion of a 
precooling period or a recovery period. The inclusion of such periods 
would add to the energy measurement for the first part of the test some 
of the defrost cycle energy use, which is intended to be included only 
in the measurement for the second part of the test.
    However, because of the current specification for determining the 
compartment temperature, including precooling and/or recovery periods 
within the first part of the test could also weaken the temperature-
based definition for the start and stop of the second part of the test. 
Appendix A1, section 5.1.2.1, which applies to products with cycling 
compressors, specifies that the temperature measurement includes a 
number of complete compressor cycles equal to the number of minutes 
between temperature measurements rounded up to the nearest whole 
number. It also specifies that the last complete compressor cycle of 
the test period should be included in this measurement.
    DOE believes that all testing is currently conducted using modern 
computer-based data acquisition systems \9\ that provide much greater 
measurement capabilities at much lower cost than systems that were in 
use when the test procedures were first written. DOE believes that the 
time interval between measurements does not generally exceed 1 minute, 
which allows a technician to use the last complete compressor cycle of 
the test period of the first part of the test to determine the 
compartment temperature. If a test period is chosen that occurs just 
before a defrost cycle and includes a precooling cycle, the criterion 
for the start of the second part of the test may be the comparison of 
the average temperature for this precooling compressor cycle to itself, 
which is a meaningless comparison. Even if the last compressor cycle in 
the test period is not a precooling cycle, but is the last regular 
compressor cycle during stable operation, the criterion for the second 
part of the test could still be the comparison of the temperature 
measured for this period to itself, because (1) this last regular 
compressor cycle could be the basis of the temperature measurement for 
the first part of the test if it is the last compressor cycle in the 
test period, and (2) the new approach for determining start of the 
second part of the test compares the temperature average for this last 
regular compressor cycle to the temperature measurement for the first 
part of the test.
---------------------------------------------------------------------------

    \9\ See, for example, the data acquisition products offered by 
National Instruments, http://www.ni.com/.
---------------------------------------------------------------------------

    To remedy this situation, DOE is first modifying the current 
section 4.1.2.1 (to be renumbered section 4.2.1) to specify that the 
first part of the test includes only the stable system operation 
between defrosts that do not include any portions of the defrost cycle, 
``such as precooling or recovery''. Second, DOE is modifying the 
temperature measurement procedures by requiring that temperature 
measurements be averages for the full test period specified in section 
4. This will ensure examination of at least two compressor cycles to 
obtain the temperature measurement for the first part of the test, thus 
avoiding the meaningless comparison of a temperature to itself to 
determine start of the second part of the test. For non-cycling and 
incomplete-cycling systems, requiring examination of the same test 
period for energy use measurement and temperature measurement also 
strengthens the temperature-based determination of start and stop times 
for the second part of the test, because it avoids the current focus of 
the temperature measurement on the end of the test period used for 
energy measurement. (The current temperature measurement for non-
cycling systems is for the last 32 minutes of the 3-hour test period 
(see Appendix A1 sections 4.1.1 and 5.1.2.2) and for incomplete-cycling 
systems it is for the last 3 hours of the 24-hour test period (see 
Appendix A1 sections 4.1.1 and 5.1.2.3)). In any case in which the 
control system reduces temperature (i.e. engages precooling) for the 
short temperature-measurement period, the new temperature-based 
determination of second-part start can be shifted to a time after this 
precooling has occurred. Hence, DOE is extending the temperature 
measurement to cover the entire test period for all of these system 
types.
    These changes to sections 4 and 5 have been made in Appendices A 
and B.
2. Establishing Test Procedures for Multiple Defrost Cycle Types
    DOE proposed adding procedures to address products with one 
compressor and two or more evaporators in which each evaporator 
undergoes active defrost cycles that use electric defrost heaters to 
melt frost. Also, DOE proposed adding a definition for ``defrost cycle 
type'' by defining this term as ``a distinct sequence of control whose 
function is to remove frost and/or ice from a refrigerated surface.'' 
75 FR 29839. DOE noted in this proposed definition that there may be 
variations in the defrost control sequence, such as the number of 
defrost heaters energized, and that each of these variations 
establishes a separate distinct defrost cycle type. DOE also noted that 
defrost achieved regularly during the compressor off-cycles by warming 
of the evaporator without active heat addition

[[Page 78837]]

is not a defrost cycle type. See generally 75 FR 29839.
    Products with one compressor and multiple evaporators with active 
defrost may use multiple defrost cycle types. This amendment would not 
address products that are equipped with two or more evaporators that 
defrost simultaneously. In this case, there is only one defrost cycle 
type, which includes the defrosting of all of the evaporators. The 
procedure would also not address a product equipped with a freezer 
evaporator that undergoes conventional automatic defrost and a fresh 
food evaporator that undergoes off-cycle defrost (in which frost is 
melted between compressor cycles by the fresh food compartment air, 
which is above freezing temperature). Such a product also would have 
just one defrost cycle type, which consists of defrosting only the 
freezer evaporator.
    DOE proposed these amendments to address primarily those products 
equipped with long-time or variable defrost. Id. Long-time defrost 
refers to defrost control in which defrost cycles are separated by 14 
or more hours of compressor operation. Variable defrost refers to 
defrost control in which the compressor operation time between defrosts 
varies (and generally exceeds 14 hours). The proposal also clarified 
how to determine which defrost cycle test procedure should be used for 
products with multiple defrost cycle types--i.e. long-time, variable, 
or the simplified automatic defrost control procedure. (See, e.g. 10 
CFR part 430, subpart B, appendix A1, section 4.1.2) This proposed 
clarification indicated that, assuming the defrost control is not 
variable, the test technician would consider the number of hours of 
compressor operation between defrosts for each of the defrost cycle 
types. If the largest of these numbers of hours is less than 14 hours, 
the current procedure from Appendix A1 section 4.1.2 (automatic 
defrost) would apply. Otherwise, the proposed test procedure for these 
products would apply. 75 FR 29839.
    The point of the amended test procedure is to ensure that the 
energy use from each defrost cycle type, using the appropriate factors 
representing its frequency, is included in the total energy use 
calculation. Currently, the energy use for products with long-time or 
variable defrost (for conventional products having a single defrost 
cycle type) is calculated by adding the energy use from the measured 
steady-state operation between defrosts (the first part of the test) to 
the energy use from the defrost cycle (the second part of the test). 
See 10 CFR part 430, subpart B, appendix A1, sections 5.2.1.2 (long-
time defrost) and 5.2.1.3 (variable defrost). The energy use per 
defrost cycle is adjusted in this energy use equation to account for 
defrost frequency. DOE proposed an energy use equation for products 
with multiple defrost cycle types that adds the energy use separately 
for each defrost cycle type and adjusts for the different defrost cycle 
frequencies that may be present. 75 FR 29839. The energy use equation 
provided in the proposal was generic, allowing for any number of 
defrost cycle types by using summation notation indicating that the 
defrost energy use contribution would be summed for all defrost cycle 
types. Id. at 29863.
    Whirlpool supported the proposed changes that would address 
products with multiple defrost cycle types. (Whirlpool, No. 12.1 at p. 
6) However, Whirlpool also indicated that this proposed amendment was 
one of several in the NOPR that would have a significant impact on a 
product's measured energy use, manufacturer cost, facilities, testing 
capability and/or lead time, and requested that it not take effect 
until 2014. (Whirlpool, No. 12.1 at p. 2) AHAM generally supported the 
proposal, but expressed several concerns. (AHAM, Public Meeting 
Transcript, No. 10 at pp. 108-109; AHAM, No. 16.1 at p. 9) These 
concerns included (a) the proposed time between defrosts of the freezer 
section may not apply to the fresh food section, (b) the presence of 
off-cycle defrost in the fresh food compartment should not make the 
proposed procedure applicable to a particular product, (c) DOE should 
clarify that the optional third part of the test to determine typical 
intervals between defrosts is not required, and (d) the proposed 
amendment would affect measured energy use and should be considered 
when DOE sets its new energy conservation standards for refrigeration 
products. AHAM also agreed with DOE's conclusion that the defrost cycle 
type with the longest compressor run time between defrosts should be 
the basis upon which to determine whether the long-time defrost test 
method would be applicable, and with DOE's decision not to include this 
amendment in test procedures for freezers. Id. However, AHAM indicated 
that it would prefer that DOE adopt the procedure proposed by AHAM for 
multiple compressor systems, intending that it apply to both multiple 
compressor products and products with single compressors and multiple 
active evaporator defrosts. (AHAM, No. 16.1 at p. 7; Clarification of 
Written Comments Submitted by AHAM, No. 34 at p. 2) Electrolux also 
supported the need to capture all defrost energy use in the test 
procedure, but expressed concern about the near-term introduction of 
this amendment, arguing that it should be delayed until 2014, when the 
new energy conservation standards take effect. (Electrolux, No. 17.2 at 
p. 1, cell H89)
    Based on the stakeholder comments indicating that this test 
procedure amendment would impact measured energy use, DOE has decided 
to apply this amendment to Appendix A, thus, making it mandatory for 
manufacturers to use during product testing once the standards that DOE 
promulgates for 2014 must be met. This slight delay in implementation 
will also provide manufacturers with time to adjust to this new 
requirement. Consistent with the proposal, this amendment does not 
apply to freezers.
    In DOE's view, the current energy test procedure does not include 
test procedures for products with multiple defrost cycle types. For 
this reason, there is no basis for manufacturers' claims that the 
amendment would impact energy use measurements. DOE has no 
documentation regarding the test procedures manufacturers are using to 
certify these products, and has received no petitions for waivers 
suggesting the need for any such test procedures. Hence, DOE has no 
information on which to form a decision on how to adjust the new energy 
conservation standard to account for these amendments. Until these 
amendments are required in conjunction with the 2014 standards, 
manufacturers introducing products equipped with multiple defrost cycle 
types should, consistent with 10 CFR 430.27, petition for a waiver 
since the modified version of Appendix A1 set out in today's notice 
will not include a specified method for capturing this energy usage. 
Manufacturers who attempt to measure the energy use of such products 
without a waiver would be unable to certify these products.
    As for AHAM's comment regarding the need to consider the different 
time intervals between defrosts of the fresh food and freezer 
compartments, DOE agrees that such a need exists. This is the reason 
that DOE proposed this amendment. The procedure adds the energy use of 
the defrost cycles in accordance with their frequencies of occurrence 
(i.e. their different time intervals). However, the test procedure is 
designed to address defrost cycle types separately rather than fresh 
food and freezer compartment defrosts separately, as suggested by the 
AHAM comment. DOE proposed this approach

[[Page 78838]]

because if the fresh food and freezer compartments are defrosted at the 
same time, it is impossible to measure the energy use associated with 
these defrost cycles separately. Even if the energy consumption of the 
two defrost heaters were separately measured, it is impossible to 
allocate the energy use of the single compressor separately to the two 
compartments. The entire defrost cycle type involving defrost of both 
compartments can be considered individually.
    However, DOE recognizes that additional clarification must be 
provided for the defrost test period for defrost cycle types involving 
the defrosting of more than one compartment. Applying the compartment-
temperature-based specifications for the start and stop times of the 
second part of the test as described in section III.E.1, rather than 
the current procedure's use of compressor start/stop times, raises the 
question of which compartment's temperatures serve as the basis of the 
specification. DOE believes that the temperature of the freezer 
compartment would provide a better indication of appropriate start of 
the second part of the test (prior to any precooling operation of the 
compressor), and would also provide a better indication of when steady 
state operation has been achieved after completion of the defrost 
cycle. This is because the melting temperature to which the evaporators 
must be heated to melt frost is a much greater deviation from normal 
compartment temperature for the freezer compartment than it is for the 
fresh food compartment. Hence, the amended procedure clarifies that the 
start and stop times for the second part of the test for defrost cycle 
types involving defrost of both fresh food and freezer compartments are 
determined by the freezer compartment temperatures. DOE notes that this 
clarification would apply even if there is only one defrost cycle type.
    DOE also agrees with AHAM's comment that off-cycle defrost does not 
represent a defrost cycle type, and has modified the definition of 
defrost cycle type to make this clarification.
    Regarding the optional third part of the test, DOE has eliminated 
this test from its test procedures, making further clarification 
unnecessary. (see section III.D.10).
    Finally, DOE considered an additional complication associated with 
applying the proposed test procedure to refrigeration products. In 
particular, it is possible that there may be more than one interval in 
the compressor run time between the occurrences of a particular defrost 
cycle type. For instance, a product may employ a control system that 
initiates a defrost of both the fresh food and freezer compartment 
every 18 hours of compressor run time, and initiates defrost of only 
the fresh food compartment at intervals of 6 hours and 12 hours of 
compressor run time after the dual-compartment defrost. For such a 
product, the compressor run time interval between instances of the 
fresh-food-only defrost cycle type is both 6 hours and 12 hours.\10\ 
For such instances, selection of the appropriate value for 
CT<INF>i</INF> for use in the energy use equation (see proposed section 
5.2.1.6 of Appendix A (75 FR 29863)) is unclear. Determining the 
appropriate value for CT<INF>i</INF> should be based on the fact that 
the 12/CT<INF>i</INF> ratio is intended to represent the frequency of 
occurrence of defrost cycle type ``i'' in a 24-hour period, subject to 
the assumption that compressor run time averages 50%.
---------------------------------------------------------------------------

    \10\ Let the ``compressor operation time'', COT of successive 
dual-compartment defrosts be 0 hours, 18 hours, 36 hours, etc. The 
COTs of the fresh-food-only defrosts are 6 hours, 12 hours, 24 
hours, 30 hours, etc. The difference in COTs between successive 
fresh-food-only defrosts is 6 hours or 12 hours, depending on which 
pair of such defrosts is considered.
---------------------------------------------------------------------------

    DOE is unaware of any refrigeration products on the market to which 
this issue applies. However, in order to clarify the test procedure and 
to cover this possibility, DOE has inserted additional language as 
follows, in the section describing energy use calculation for systems 
with multiple defrost cycle types: ``For cases in which there are more 
than one fixed CT value (for long-time defrost models) or more than one 
CT<INF>M</INF> and/or CT<INF>L</INF> value (for variable defrost 
models) for a given defrost cycle type, an average fixed CT value or 
average CT<INF>M</INF> and CT<INF>L</INF> values shall be selected for 
this cycle type so that 12 divided by this value or values is the 
frequency of occurrence of the defrost cycle type in a 24 hour period, 
assuming 50% compressor run time.''
    In summary, the interim final rule makes four changes to the 
proposal affecting products with multiple defrost cycle types. First, 
manufacturers need to comply with these amendments once the new 
standards for refrigeration products apply, rather than sooner. Second, 
it clarifies the definition for ``defrost cycle type'' by excluding 
off-cycle defrost. Third, it clarifies how to determine CT values in 
those products equipped with multiple defrost types if there is more 
than one compressor run time interval between instances of a particular 
defrost cycle type. And fourth, it clarifies that for defrost cycle 
types in which both fresh food and freezer compartments are defrosted, 
that the freezer compartment temperature is the basis of the start and 
stop times of the second part of the test.
3. Incorporating by Reference AHAM Standard HRF-1-2008 for Measuring 
Energy and Internal Volume of Refrigerating Appliances
    DOE proposed to incorporate references to AHAM Standard HRF-1-2008 
in new Appendices A and B. 75 FR 29842.
    The current DOE test procedures for refrigeration products 
reference sections of AHAM Standard HRF-1-1979. The referenced sections 
specify the test facility, test sample set-up, measurement procedure, 
and volume calculation requirements that manufacturers must follow when 
testing their products. DOE proposed to adopt the most recent version 
of this industry procedure, HRF-1-2008, for products subject to the new 
energy conservation standards that DOE is currently considering for 
2014. Id. HRF-1-2008 incorporates many changes, including new 
compartment temperatures and new volume calculation methods, which are 
discussed further in sections III.E.4 and III.E.5. Adopting the 
provisions in HRF-1-2008 for new compartment temperatures will alter 
the measured energy use of these products, as described in the NOPR. 
Id. The temperature and volume calculation method changes will change 
the adjusted volume (which is integral to the calculated energy use) 
because (1) the temperature changes affect the volume adjustment 
factors (adjusted volume is equal to the fresh food compartment volume 
plus the volume adjustment factor multiplied by the freezer compartment 
volume), and (2) the volume measurements themselves will change. 
Because the energy standards for refrigeration products express energy 
use as a function of adjusted volume, the temperature and volume 
changes necessitate a change in the energy conservation standard. DOE 
proposed that these amendments referencing HRF-1-2008 would take effect 
once any new energy conservation standards that DOE decides to adopt as 
part of its current standards rulemaking become required. Id.
    Besides updating the existing test procedure references to HRF-1-
2008, DOE also proposed including a reference to the definitions 
section of HRF-1-2008. Id.
    In addition, DOE proposed including language explaining that in 
cases where the referenced sections of HRF-1-2008 and the regulatory 
language of 10 CFR part 430 conflict, the regulatory language takes 
precedence. Id.

[[Page 78839]]

    AHAM and Whirlpool generally agreed with this proposal, mentioning 
that it would incorporate the most up-to-date industry standards and 
practices. (AHAM, No. 16.1 at p. 4; Whirlpool, No. 12.1 at p. 2) 
General Electric asked whether DOE would adopt updates of HRF-1 beyond 
HRF-1-2008 when they are established. (General Electric, Public Meeting 
Transcript, No. 10 at p. 124) DOE is open to considering these updates 
for inclusion if and when they are finalized.
    Because no concerns were raised by stakeholders regarding these 
proposals, the interim final rule includes the amendments as proposed. 
The new Appendices A and B, referencing HRF-1-2008, will be required 
for testing to determine compliance with energy standards when 
manufacturers are required to comply with the new energy conservation 
standards.
4. Establishing New Compartment Temperatures
    DOE proposed to adopt the new compartment temperatures described in 
section 5.6.2 of HRF-1-2008 and their associated volume adjustment 
factors found in section 6.3 of HRF-1-2008 into the DOE test 
procedures. 75 FR 29842-29843. These amendments will improve the test 
procedure's consistency with the actual use of refrigeration products 
in the field. The amendment will also help facilitate the international 
harmonization of appliance test procedures with IEC 62552. Reducing the 
energy test compartment temperatures for refrigerators (excluding all-
refrigerators) and refrigerator-freezers will result in higher measured 
energy use because of the higher thermal load associated with the 
increased temperature difference between ambient conditions and the 
compartments. These compartment temperature changes also led AHAM to 
change the volume adjustment factors, which depend on compartment 
temperatures. Consistent with HRF-1-2008, DOE also proposed to make 
similar changes to its volume adjustment factors. DOE had proposed to 
implement these changes by adding appropriate regulatory text into 
Appendices A and B, rather than simply referencing HRF-1-2008. Id.
    DOE invited interested parties to comment on this proposed change. 
ACEEE, AHAM, the IOUs, and Whirlpool generally supported the proposal 
to adopt the new compartment temperatures. (ACEEE, No. 19.1 at p. 2; 
AHAM, No. 16.1 at p. 8; IOUs, No. 14.1 at p. 4-5; Whirlpool, No. 16.1 
at p. 5) GE and Whirlpool added that establishing new compartment 
temperatures will impact the energy conservation standard. (GE, Public 
Meeting Transcript, No. 10 at pp. 130-131; Whirlpool, Public Meeting 
Transcript, No. 10 at pp. 128-129) After considering these comments and 
considering the potential impacts that this change would be likely to 
have, DOE has decided to implement these changes as part of the amended 
test procedure that will be required with the new standards that DOE is 
considering. 75 FR 59470.
    Specifically, ACEEE and the IOUs also expressed concerns related to 
DOE's examination of the potential changes in measured energy use 
stemming from the proposed amendments. These commenters suggested that 
DOE investigate the nonlinearity of energy use for products with 
smaller volumes. (ACEEE, No. 19.1 at p. 2; IOUs, No. 14.1 at p. 4-5) 
The preliminary TSD that DOE had published previously suggested the 
possibility of this nonlinearity. See Preliminary TSD, section 5.4.2.3 
(Engineering Analysis \11\). DOE has not, however, received sufficient 
data to either confirm this nonlinearity or to permit it to develop a 
nonlinear energy use equation for these products. Accordingly, DOE 
could not account for this possibility within the context of the test 
procedure.
---------------------------------------------------------------------------

    \11\ Preliminary Technical Support Document: U.S. Department of 
Energy-Office of Energy Efficiency and Renewable Energy. Energy 
Efficiency Program For Consumer Products: Refrigerators, 
Refrigerator-Freezers, and Freezers. November 2009. Washington, DC. 
http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/ref_frz_prenopr_prelim_tsd.pdf.
---------------------------------------------------------------------------

    Under today's interim final rule, these new compartment 
temperatures and their associated volume adjustment factors will be 
incorporated into new Appendices A and B.
5. Establishing New Volume Calculation Method
    DOE proposed to add the volume calculation procedure used in HRF-1-
2008 to new Appendices A and B that would apply to all compliance 
testing for products required to meet the new 2014 standards that DOE 
is currently considering. 75 FR 29843. The proposed volume calculation 
method is simpler than the one contained in the current procedure and 
removes the subjective nature of the current method that test 
technicians use when estimating volume.
    The NOPR invited interested parties to comment on this proposed 
change. ACEEE, AHAM, and Whirlpool supported the DOE decision to adopt 
new volume calculation methods. (ACEEE, No. 19.1 at p. 3; AHAM, No. 
16.1 at p. 8; Whirlpool, No. 12.1 at p. 5)
    In light of this support, and the absence of any comments objecting 
to its adoption, DOE is adopting this new method as part of the new 
test procedures contained in Appendices A and B. Adopting this new 
method offers a critical advantage over the current method. First, the 
use of this new method will improve the accuracy of volume reporting. 
Second, because the energy use equation that serves as the basis for 
each standard depends on the calculated adjusted volume for each 
product class, a more accurate volume calculation will also improve the 
accuracy of the calculation of the energy standard. As a result, the 
amendment will help improve compliance with the standard.
    Additionally, DOE noted that HRF-1-2008 does not explicitly address 
how to treat automatic icemakers and ice storage bins within the 
context of the volume calculation method. (See section 4, ``Method for 
Computing Refrigerated Volume of Refrigerators, Refrigerator-Freezers, 
Wine Chillers, and Freezers'' of HRF-1-2008.) To address this 
shortcoming, DOE proposed that these elements be considered part of the 
internal volume for refrigerators and refrigerator-freezers (covered in 
Appendix A). DOE also proposed to apply this clarification to freezers 
(covered in Appendix B), since freezers could also be equipped with 
automatic icemakers. DOE sought comment on this approach. 75 FR 29843.
    AHAM supported DOE's proposed clarification for automatic icemakers 
and ice storage bins, including its application to freezers. (AHAM, No. 
16.1 at p. 8; AHAM, Public Meeting Transcript, No. 10 at p. 133) There 
were no comments objecting to this proposed amendment. In light of the 
additional clarity that this change would provide manufacturers when 
testing their products and the absence of any objections, DOE is 
amending its procedure to cover these icemaking-related components as 
part of the internal volume of refrigeration products as applicable. 
These clarifications will appear in both Appendices A and B.
    Fisher & Paykel also raised an issue regarding the proposed volume 
calculation method. It noted that some manufacturers have tested 
products that have TTD ice service with their ice delivery chutes 
filled or covered. By testing products in this way, manufacturers would 
be able to reduce that product's measured energy use. The adjusted 
volume measurement may also be reduced (as would the calculated

[[Page 78840]]

energy standard for the product), but only slightly, because the volume 
reduction multiplied by the energy standard equation slope is generally 
less than the energy use reduction, thus providing the manufacturer an 
advantage with respect to compliance with the energy standard. Fisher & 
Paykel asserted that using such an approach may constitute 
circumvention of the test procedures. To address this potential 
problem, Fisher & Paykel suggested that DOE add an additional 
clarification to the proposed changes to the volume calculation method 
by requiring that ``all chutes and throats required for the delivery of 
ice shall be free of packing, covers or other blockages that may be 
fitted for shipping or when the icemaker is not in use.''
    After considering Fisher & Paykel's concern and its proposed 
solution, DOE is adopting this clarification. DOE wants to ensure that 
the procedure that it adopts today provides sufficient clarity without 
leaving potential room for circumvention. To achieve this goal, DOE is 
inserting this additional requirement into section 2 of new Appendices 
A and B, as well as amended Appendices A1 and B1, to help clarify the 
test preparation process. DOE also believes that, as a practical 
matter, consumers will remove any such packing material or temporary 
covers during actual use of these products since they are likely to use 
these features (e.g., TTD ice service) rather than opt to let them 
remain dormant. Consequently, removing such packing material and/or 
covers is more consistent with consumer use of the product than 
permitting this material to remain in place during testing.
    As with the incorporation of new compartment temperatures, DOE will 
incorporate the proposed volume calculation changes as part of the 
procedures that manufacturers must use when certifying compliance to 
the new energy standards that will be required for refrigeration 
products to meet in 2014.
6. Control Settings for Refrigerators and Refrigerator-Freezers During 
Testing
    Section III.D.4 above discusses two temperature control amendments 
that manufacturers must use prior to the promulgation of the new energy 
conservation standards that will apply in 2014. These amendments 
include (a) addressing products equipped with electronic controls for 
which exact median settings cannot be selected, and (b) modifying the 
DOE test procedure to include two standardized temperatures for 
products with both fresh food and freezer compartments. This latter 
change would help achieve some consistency with the test approach 
already used by manufacturers when selecting temperature settings for 
the second test that must be run.
    The remaining amendments that will be required when determining 
compliance with the standards under consideration for products 
manufactured in 2014 are discussed in this section.
Refrigerator-Freezers and Refrigerators With Freezer Compartments
    The NOPR discussed gaps present in the current procedure regarding 
refrigerator-freezers and refrigerators with freezer compartments. In 
particular, in certain cases, depending on the results of the first 
test, the current instructions in section 3.2 of Appendix A1 do not 
address: (1) Control settings for the second test and/or third test, 
and (2) which energy test results to use in the energy use 
calculations. The NOPR presented a chart illustrating the logic behind 
the temperature setting requirements according to the current test 
procedure for refrigerator-freezers and refrigerators with freezer 
compartments. The table is reproduced below as Table III.3.
    The logic in the chart was presented to be consistent with the 
typical test practice of using the warm/warm setting only if both 
compartment temperatures are lower than the standardized temperatures 
in the first test. While this practice is inconsistent with the current 
DOE test procedure, as described above in section III.D.4, it is 
consistent with current manufacturer test practices. As discussed in 
the NOPR, the current procedure does not clearly address the 
temperature setting requirements for the second test, nor does it 
clearly indicate which test results to use when calculating total 
energy use, for Cases 2, 5, and 6 shown in Table III.3. DOE proposed to 
amend the test procedure to address this deficiency. 75 FR 29844-29845.

                                   Table III.3--Temperature Setting Chart for Refrigerators and Refrigerator-Freezers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       First test                                        Second test
----------------------------------------------------------------------------------------------------  Third test settings   Energy calculation     Case
             Settings                     Results              Settings               Results                                    based on:         No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fzr Mid FF Mid...................  Fzr Low FF Low......  Fzr Warm FF Warm....  Fzr Low FF Low......  None................  Second Test Only....        1
                                                                               Fzr Low FF High.....  None................  Not Clear...........        2
                                                                               Fzr High FF Low.....  None................  First and Second            3
                                                                                                                            Tests.
                                                                               Fzr High FF High....  None................  First and Second            4
                                                                                                                            Tests.
                                   Fzr Low FF High.....  Fzr Cold FF Cold....  Fzr Low FF High.....  None................  Not Clear...........        5
                                                                               Fzr Low FF Low......  None................  Not Clear...........        6
                                   Fzr High FF Low.....  Fzr Cold FF Cold....  Fzr High FF Low.....  Fzr Warm FF Warm....  Second and Third            7
                                                                                                                            Tests.
                                                                               Fzr Low FF Low......  None................  First and Second            8
                                                                                                                            Tests.
                                   Fzr High FF High....  Fzr Cold FF Cold....  Fzr Low FF Low......  None................  First and Second            9
                                                                                                                            Tests.
                                                                               Fzr Low FF High.....  None................  First and Second           10
                                                                                                                            Tests.
                                                                               Fzr High FF Low.....  Fzr Warm FF Warm....  Second and Third           11
                                                                                                                            Tests.
                                                                               Fzr High FF High....  Fzr Warm FF Warm....  Second and Third          12
                                                                                                                            Tests.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Fzr = Freezer Compartment, FF = Fresh Food Compartment.


[[Page 78841]]

    In particular, DOE proposed to include a modified temperature 
setting logic chart in the test procedure in section 3.2 of Appendix A 
to clarify the temperature setting instructions. DOE pointed out that, 
under some scenarios, one or both of the compartments might not achieve 
the required standardized temperature when the temperature controls are 
in their coldest settings. Id. DOE requested comment on the proposed 
amendments but also asked stakeholders to consider whether disallowing 
an energy rating would be a more appropriate solution in those cases 
where a particular product's compartment temperatures cannot achieve 
the required standardized temperatures. In other words, what should 
happen to products that have compartments that are set to the coldest 
temperature setting but are warmer than the standardized temperatures 
prescribed in the test procedure?
    As DOE explained in the NOPR, the inability to achieve the 
standardized temperatures may create a potential conflict with the 
product definitions. DOE offered a few examples to illustrate this 
situation. For example, if a refrigerator's fresh food compartment 
exceeds the standardized temperature for fresh food compartments during 
an energy test, the product might be considered not to meet the current 
refrigerator definition, which specifies the use of ``temperatures 
above 32 [deg]F and below 39 [deg]F''. (10 CFR 430.2) Thus, the 
questions presented to DOE are (1) whether such products can still be 
refrigerators, refrigerator-freezers, or freezers even if they are 
unable to attain the required standardized temperatures during testing 
and (2) whether these products should even be rated.
    DOE received no specific comments on either the proposed 
temperature setting logic or the temperature setting instructions 
proposed for the currently undefined cases described above. Comments 
were received, however, regarding DOE's suggestion to prevent 
certification of products that do not reach the standardized 
temperatures when tested with their coldest temperature settings. 
ACEEE, AHAM, the IOUs, Earthjustice, Fisher & Paykel, NRDC, and 
Whirlpool all supported this approach. (ACEEE, No. 19.1 at p. 4-5; 
AHAM, No. 16.1 at p. 10; IOUs, No. 14.1 at p. 5-6; Earthjustice, No. 
22.1 at p. 2; Fisher & Paykel, No. 24.2 at p. 3; Whirlpool, No. 12.1 at 
p. 7) In response to these comments, DOE will adopt the proposed 
revisions in temperature setting requirements, but with modifications 
to indicate that products that are incapable of meeting required test 
conditions (i.e., achieving the standardized temperatures when all 
controls are at their coldest settings) are not considered compliant 
with the applicable standards. These changes will be adopted in 
Appendices A and B.
    The definitions for refrigerator, refrigerator-freezer, and freezer 
and the changes DOE is making to these definitions are discussed in 
sections III.A and III.B. Products that meet any of these definitions 
are considered to be covered products that are subject to DOE 
regulations. The new definitions all include temperature ranges for the 
products' compartments to help classify product types. However, as 
mentioned in section III.B, these temperature ranges are not strictly 
defined to apply solely to energy test conditions. Hence, if a 
refrigerator cannot maintain 39 [deg]F compartment temperature with 
temperature controls in the coldest setting during an energy test, this 
does not mean the product is not a refrigerator and exempt from 
coverage. The new definitions specify that the product is designed to 
be capable of attaining the 39 [deg]F temperature without specifying 
the ambient or other conditions. The implication is that a product 
designed to be a refrigerator that fails to meet 39 [deg]F compartment 
temperature during energy testing cannot be certified. However, since 
it is a covered product, it cannot be sold as a product other than a 
refrigerator. Similar restrictions apply to the other products, i.e., 
the refrigerator-freezer and freezer.
    DOE's temperature setting modifications will take effect once any 
new standards affecting products manufactured in 2014 become required. 
These amendments will appear in new Appendices A and B. The 
instructions will include the amendment, discussed above in section 
III.D.4, that modifies the test procedure for consistency with current 
industry practice (i.e., consideration of standardized temperatures for 
both compartments and use of the warm/warm setting only if both 
compartments are lower than their standardized temperatures in the 
first test). The procedure will also indicate that a product cannot be 
certified if it fails to achieve the required compartment standardized 
temperatures. Also, DOE will add to the test procedure a modified 
version of the test setting logic chart for basic refrigerators and 
refrigerator-freezers that is consistent with the new requirements. 
This modified table is presented as Table III.4 below.

        Table III.4--Interim Final Temperature Setting Chart for Refrigerators and Refrigerator-Freezers
----------------------------------------------------------------------------------------------------------------
                     First test                                     Second test
--------------------------------------------------------------------------------------------- Energy calculation
            Settings                    Results            Settings             Results            based on:
----------------------------------------------------------------------------------------------------------------
Fzr Mid.........................  Fzr Low...........  Fzr Warm..........  Fzr Low...........  Second Test Only.
FF Mid..........................  FF Low............  FF Warm...........  FF Low............
                                                                          Fzr Low...........  First and Second
                                                                          FF High...........   Tests.
                                                                          Fzr High..........  First and Second
                                                                          FF Low............   Tests.
                                                                          Fzr High..........  First and Second
                                                                          FF High...........   Tests.
                                  Fzr Low...........  Fzr Cold..........  Fzr Low...........  No Energy Use
                                  FF High...........  FF Cold...........  FF High...........   Rating.
                                                                          Fzr Low...........  First and Second
                                                                          FF Low............   Tests.
                                  Fzr High..........  Fzr Cold..........  Fzr High..........  No Energy Use
                                  FF Low............  FF Cold...........  FF Low............   Rating.
                                                                          Fzr Low...........  First and Second
                                                                          FF Low............   Tests.
                                  Fzr High..........  Fzr Cold..........  Fzr Low...........  First and Second
                                  FF High...........  FF Cold...........  FF Low............   Tests.

[[Page 78842]]

 
                                                                          Fzr Low...........  No Energy Use
                                                                          FF High...........   Rating.
                                                                          Fzr High..........  No Energy Use
                                                                          FF Low............   Rating.
                                                                          Fzr High..........  No Energy Use
                                                                          FF High...........   Rating.
----------------------------------------------------------------------------------------------------------------
Notes: Fzr = Freezer Compartment, FF = Fresh Food Compartment.

All-Refrigerators and Freezers
    DOE also proposed that a logic chart for single-compartment 
products be provided for all-refrigerators and freezers. 75 FR 29846.
    Based on stakeholder comments, the test instructions for these 
products have been modified to prevent the rating of any product that 
fails to achieve the standardized temperature during testing with 
controls set at the coldest position. The logic chart for these 
products has also been modified accordingly. The modified chart is 
shown below as Table III.5.

                    Table III.5--Temperature Setting Chart for All-Refrigerators and Freezers
----------------------------------------------------------------------------------------------------------------
                   First test                                Second test
------------------------------------------------------------------------------------   Energy calculation based
           Settings                 Results          Settings           Results                  on:
----------------------------------------------------------------------------------------------------------------
Mid..........................  Low.............  Warm............  Low.............  Second Test Only.
                                                                   High............  First and Second Tests.
                               High............  Cold............  Low.............  First and Second Tests.
                                                                   High............  No Energy Use Rating.
----------------------------------------------------------------------------------------------------------------

    DOE believes the test instructions listed in Table III.4 and Table 
III.5 should adequately address all test result possibilities for their 
respective products. First, for single-compartment products, the 
measured temperature for each test could either be higher or lower than 
the standardized temperature for each compartment. This scenario 
represents two possibilities for each of two tests, indicating a total 
of two multiplied by two, or four possibilities. Second, for two-
compartment products, the temperature of each of the two compartments 
could be higher or lower than their standardized temperatures. This 
scenario represents four possibilities for each test. Hence, the 
maximum number of possible outcomes for such products is sixteen (fours 
tests multiplied by four possible outcomes). However, four of these 
possibilities are very unlikely. For example, if the freezer 
temperature is lower than the standardized temperature for the first 
test, which is conducted with the settings at the median position, and 
the next test is conducted with the settings in the coldest position, 
it is unlikely that the freezer temperature will rise above its first-
test measurement during the second test to exceed the standardized 
temperature. Four of the sixteen possible outcomes are eliminated based 
on similar considerations. All of these test procedure changes will 
become mandatory for testing on the compliance date of any new energy 
conservation standards that DOE decides to adopt for products 
manufactured in 2014.
7. Icemakers and Icemaking
    The current test procedure for refrigerators and refrigerator-
freezers does not measure the energy use associated with ice production 
(HRF-1-1979, section 7.4.2). As stated in the NOPR, DOE estimates that 
the energy use associated with automatic icemaking is in the range of 
64 to 73 kWh and represents 10 percent to 15 percent of the rated 
energy use of typical refrigeration products. 75 FR 29846-29847. 
Because of the potential magnitude of this energy use, DOE is 
considering developing a test procedure to account for the energy 
consumed by automatic icemaking systems. However, as the NOPR 
discussed, developing a robust and repeatable test procedure will take 
longer than the current rulemaking cycle will allow. Hence, instead of 
proposing to amend the test procedure to include a measurement of 
icemaking energy use, DOE proposed to modify the test procedure to 
incorporate a fixed placeholder value to represent icemaking energy 
use. DOE intends to continue working on the development of an icemaking 
test procedure with the intent of eventually integrating it into the 
test procedure in place of the fixed placeholder as soon as possible.
    DOE selected a fixed placeholder value for icemaking energy use 
based on ``AHAM Update to DOE on Status of Ice Maker Energy Test 
Procedure.'' (No. 5.1 at p. 11) That document specifies a daily 
production rate of 1.8 pounds of ice. The average energy usage 
measurement from this test was 128 Watt-hours per pound. Thus, the 
average daily energy use associated with icemaking of these preliminary 
measurements is 0.23 kWh and the average annual energy use is 84 kWh. 
DOE proposed to implement this value in the test procedure by 
integrating the icemaking energy use value, designated IET and measured 
in kWh per cycle, into the equations for energy use per cycle, which 
would be included in the proposed Appendices A and B in section 6.2. 75 
FR 29846-29847.
    Most stakeholders agreed with this approach. The Joint Comments, 
ACEEE, AHAM, the IOUs, NDRC, NIST, Sub-Zero and Whirlpool all accepted 
the

[[Page 78843]]

proposed approach to address icemaking and also the temporary 
placeholder value. (Joint Comments, No. 20.1 at p. 5; ACEEE, No. 19.1 
at p. 3-4; AHAM, No. 16.1 at p. 10; IOUs, No. 14.1 at p. 1-2; NDRC, No. 
21.1 at p. 5; NIST, Public Meeting Transcript, No. 10 at p. 148; Sub 
Zero, No. 10 at p. 150-151; Whirlpool, No. 12.1 at p. 6-7) The value of 
0.23 kWh per day was of concern to Electrolux, who asserted that the 
value is too low and does not truly represent the icemaking energy 
across all refrigerators-freezers. (Electrolux, No. 17.2 at p. 1, cell 
H155) Electrolux provided in their comments the same data that AHAM 
submitted to DOE in November 2009 (Electrolux, No. 17.2 at p. 3) These 
same data were used by DOE in developing these placeholder values. 
Since no new data were provided, nor did Electrolux state specific 
arguments as to why the AHAM data might be flawed, DOE does not believe 
there is sufficient evidence or guidance to either raise or lower the 
proposed value.
    There was interest from the IOUs, NDRC, and NIST to define the 
daily ice production factor in kWh/pound rather than kWh/year, to allow 
flexibility for variation in icemaking capacity. (IOUs, No. 14.1 at p. 
3; NIST, Public Meeting Transcript, No. 10 at p. 147; NRDC, No. 21.1 at 
p. 5-6) A production factor in kWh/pound, when coupled with a 
standardized ice production rate of lbs/day, would enable a metric in 
units of kWh/year to be calculated. This metric could then be added to 
the total energy use of the product. The IOUs additionally suggested 
differentiating the placeholder value energy use depending on the 
functional differences between refrigerators and freezers with 
automatic icemakers. However, the available data provides an 
insufficient basis on which to establish such variation in the 
placeholder value based on product characteristics. Also, since DOE is 
instituting a fixed placeholder value for automatic icemaker energy 
use, DOE perceives no value in representing the energy use on a kWh per 
pound basis at this time. Hence, the placeholder value will be 
represented in kWh per year and added to the measured energy use to 
provide a single metric for refrigeration product performance.
    GE suggested that adding the energy use of automatic icemakers into 
the energy use calculation, but not providing a similar placeholder for 
manual icemaking, misleads consumers because it implies that there is 
no energy associated with manual icemaking. (GE, Public Meeting 
Transcript, No. 10 at p. 156-157) Currently, DOE has data only on 
automatic icemaking and none on manual icemaking that would permit DOE 
to create a comparable placeholder value for this task. The available 
information, as described by the IOUs, suggests that much of the 
automatic icemaking energy use is associated with the electric heater 
used to free the ice from the mold. (IOUs, No. 14.1 at p. 2) In 
comparison, manual icemaking involves the additional energy use 
associated with opening the freezer door to insert the ice, which is 
likely to be small when compared to the heater impact from automatic 
icemaking systems.
    Taking these factors into account, DOE will incorporate a single, 
temporary placeholder value that will apply to products that have 
automatic icemakers. This value would apply to products equipped either 
with or without TTD ice service. Because automatic icemaking is 
possible in both refrigerator-freezers and freezers, the modifications 
will be made in both Appendices A and B.
Development of a Test Method
    DOE sought comment on developing a test method to determine 
icemaking energy use. DOE expects to work with AHAM to develop such a 
procedure.
    Electrolux voiced concern that the proper development of a robust 
and reproducible icemaking test procedure will take longer than the 
time permitted under this rulemaking. (Electrolux, No. 17.2 at p. 1, 
cell H159) The Joint Comments provided a draft timeline for development 
of a procedure including (1) development of a test procedure by January 
1, 2012, (2) a test procedure rulemaking to modify the DOE test 
procedure to adopt this procedure starting on January 1, 2012, and 
culminating in a final rule by December 31, 2012, (3) an energy 
conservation standard rulemaking culminating in a final rule by July 1, 
2013, that would adjust the energy conservation standards to address 
any differences between the current placeholder value and the average 
automatic icemaker energy use measured using the new procedure, and (4) 
an effective date for the adjusted standards three years after the 
energy standard rulemaking final rule. (Joint Comment, No. 20.1 at p. 
5-6) This schedule extends beyond the final rule of this rulemaking, as 
suggested by Electrolux. DOE intends to support the development of a 
test method for measurement of icemaking energy use, and will act to 
amend the test procedure and energy standard accordingly, once a test 
method has been developed.
    Other comments addressed how the test method should report the 
results to the consumer. The IOUs and Electrolux believe that the kWh 
per year value for icemaking from the future test method should be 
communicated to the consumer on the product as a visible separate value 
from the kWh per year value. (IOUs, No. 14.1 at p. 1-2; Electrolux, No. 
17.2 at p. 1, cell H157) The development of EnergyGuide requirements is 
under the jurisdiction of the Federal Trade Commission (FTC) rather 
than DOE. Hence, FTC will ultimately decide on the content of the 
label.
Ice in the Bin During Testing
    DOE requested comment on whether the test procedure should provide 
instructions regarding whether ice bins should contain ice during 
testing. AHAM, GE, and Whirlpool asserted that no ice should be present 
because the amount of ice in the bin could vary from unit to unit and 
its presence introduces a thermal load that can affect temperature 
measurements. (AHAM, No. 16.1 at p. 10; GE, Public Meeting Transcript, 
No. 10 at p. 143-145; Whirlpool, No. 12.1 at p. 7) DOE acknowledges 
that adding ice during testing would affect the thermal loading--and 
overall measured energy consumption--of a refrigerator-freezer equipped 
with automatic defrost. Whirlpool also asserted that there may be 
significant impacts on measured energy use, manufacturer cost, 
facilities, testing capability, lead time, or any combination of these 
if this amendment is introduced prior to the compliance date for the 
new energy conservation standards. (Whirlpool, No. 12.1 at p. 2)
    Under the current procedure (Appendix A1, section 2.3), 
refrigerator-freezers with automatic defrost are tested with no thermal 
load in their freezer compartments. Hence, the thermal load associated 
with a full ice bin could represent a significant additional thermal 
mass, which would lengthen the compressor on-cycles during testing, and 
may reduce the measured energy use by reducing off-cycle losses. To 
avoid this result, in DOE's view, refrigerator-freezers with automatic 
defrost should be tested with empty ice bins. To ensure consistency 
among test procedures of different products, DOE is requiring that all 
ice bins remain empty for all products during testing. To address 
concerns regarding potential changes in measured energy use, this 
change will apply to new Appendices A and B.

[[Page 78844]]

F. Other Issues

    This section discusses comments made by stakeholders regarding 
items for which DOE has not made corresponding changes in the test 
procedure.
1. Electric Heaters
    Refrigeration products use electric heaters for a variety of 
functions. The NOPR discussed these functions, described current 
approaches to heater operation during energy testing, and highlighted 
possible modifications to the current test requirements for heaters. 
Five types of heaters were discussed--anti-sweat, defrost, temperature 
control, automatic icemaker, and exterior heaters. The NOPR asked 
whether these heaters serve any other functions and whether other types 
of electric resistance heaters are present in refrigeration products. 
DOE sought to understand any additional heater applications, how they 
contribute to energy use in normal operating conditions and during 
testing under the current DOE energy test, and whether the current 
procedure requires any amending to more accurately reflect their actual 
energy usage in the field. 75 FR 29848-29849.
    Whirlpool commented that they were unaware of additional uses for 
electric resistance heaters in refrigeration products. (Whirlpool, No. 
12.1 at p. 7) NDRC commented generally, stating that better insulation 
in many cases could be used to ameliorate the need for resistance 
heating. (NDRC, No. 21.1 at p. 6) Because stakeholders identified no 
new functions for electric heaters, DOE has made no additional test 
procedure amendments to address their energy use at this time.
2. Vacuum Insulation Panel Performance
    DOE did not propose any test procedure changes specifically 
associated with vacuum insulation panel (VIP) performance in the NOPR.
    Nanopore commented that the test procedure should include a 
lifetime performance test to evaluate the long-term efficiency of 
products. Nanopore made this recommendation to address some low quality 
vacuum panels that can lose as much as 80 percent of their thermal 
resistance over the timeframe of a few months. Suggested procedures to 
measure long-term performance included (1) requiring a measurement 6 or 
12 months after manufacture, (2) aging of vacuum insulation panels in 
an 80 [deg]C environment for a period of time and then testing them, 
and (3) aging of the entire product and subsequently testing it. 
(Nanopore, No. 11.1 at p. 1).
    Additionally, ThermoCor provided details of an accelerated life 
test (ALT) developed by Panasonic, a vacuum panel manufacturer. 
ThermoCor proposed that this test could be conducted for the entire 
refrigeration cabinet to assess long-term performance, and that a 
different test could be developed to assess the long-term performance 
of the compressor. The ALT uses cycling between 80 [deg]C and -30 
[deg]C. A first test is conducted prior to the accelerated aging. 
Subsequently, the test is repeated three times after three separate 
periods of 9 days of temperature cycling. (ThermoCor, No. 18.1 at pp. 
1-3)
    Testing of the long-term efficiency of products has not yet been 
introduced in DOE test procedures, although it has been proposed for 
refrigerated walk-in enclosures. See 75 FR 55068, 55074 (September 9, 
2010). DOE recognizes the importance of such a test, particularly for a 
component that may have a degraded lifetime performance as suggested by 
Nanopore. However, applying such lifetime performance tests to entire 
refrigeration products (i.e., rather than to individual vacuum panels) 
has, to DOE's knowledge, not been evaluated to confirm the accuracy of 
this approach. DOE further notes that this type of test could represent 
a significant additional test burden. In light of these concerns, the 
adoption of such a procedure into DOE's regulations would require 
additional input from the public. Consequently, DOE is not adopting a 
lifetime performance test at this time.
3. Metric Units
    DOE did not propose in the NOPR any test procedure changes 
specifically addressing the use of metric units. See generally, 75 FR 
29824.
    Fisher & Paykel commented that all dimensions detailed in the test 
procedures should be expressed in rounded metric units and that 
Imperial (i.e., English) units should be provided in parentheses. In 
Fisher & Paykel's view, such a change would be justified since all 
other international markets other than the U.S. use the metric system. 
The company added that making this change would also remove potential 
sources of error. (Fisher & Paykel, No. 24.2 at p. 1) DOE notes that 
the Imperial system, using inches, feet, and Fahrenheit for some of the 
key measurements made for refrigeration products, is the primary system 
used by U.S. consumers. Since some of the measurements, such as product 
volumes, are used in marketing literature as well as in the test 
procedure and test reports, converting to metric would potentially 
affect consumers. Fisher & Paykel did not identify any particular 
instances of test procedure values being in round Imperial units that 
introduce errors in testing, nor did they indicate whether converting 
to round metric units could cause any change in measured energy use, 
making it difficult for DOE to fully evaluate this recommendation. 
Further, prior to making such a change, DOE would, ideally, obtain 
comments from other stakeholders involved in testing and reporting 
product performance to determine if this concern is widely shared. 
Hence, DOE is declining to adopt the change suggested by Fisher & 
Paykel. DOE may revisit this issue in a future rulemaking.

G. Compliance With Other EPCA Requirements

    In addition, DOE examined its other obligations under EPCA in 
developing this final rule and interim final rule. These requirements 
are addressed in greater detail below.
1. Test Burden
    Section 323(b)(3) of EPCA requires that ``any test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use * * 
* or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use * * * and shall not 
be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) For the 
reasons that follow, DOE has concluded that the amendments being 
adopted today satisfy this requirement.
    The amendments generally incorporate minor adjustments to test 
sample set-up procedures, the treatment of certain product features 
such as convertible compartments, compartment temperatures, and volume 
calculation methods. Most of these amendments require no changes in the 
current requirements for equipment and instrumentation for testing or 
the time required for testing.
    With respect to the test method for variable anti-sweat heaters, 
the procedure DOE is adopting today applies the test procedure found in 
the GE waiver (see discussion in section III.D.9 above) rather than the 
more complicated approach proposed in the NOPR that would have required 
the use of a humidity-controlled test chamber and the conducting of 
three tests to measure energy use for steady-state cycling operation of 
a refrigerator-freezer. By adopting this modified approach, the new 
procedure reduces the number of tests required for

[[Page 78845]]

products with anti-sweat heater switches and relies on a calculated 
value to represent the anti-sweat heater energy use contribution when 
calculating the total energy usage of a given product. This change 
considerably reduces the testing burden manufacturers would have faced 
under the proposal while providing a definitive method to account for 
anti-sweat heater energy use.
    Regarding heated-temperature-control special compartments, the 
procedure in the interim final rule requires the averaging of tests 
conducted with the temperature control settings in the coldest and 
warmest positions. This approach doubles the test time for products 
with such special compartments. However, as described in section 
III.D.5, few products have such compartments. DOE estimates that these 
products represent less than 5% of standard-size refrigerator-freezers, 
based on (1) estimates that 20% of such products have special 
compartments (see the discussion in section III.D.5 reviewing major 
manufacturers' product details), and (2) the observation that of the 
two refrigerator-freezers examined for reverse engineering as part of 
the refrigeration product energy conservation standard rulemaking that 
had special compartments, neither utilized heating to achieve 
temperature control. The averaging of two tests potentially represents 
a smaller test burden than the proposed approach of requiring the 
highest energy use position. Under the proposed approach, AHAM 
indicated that manufacturers would have to run tests at each setting to 
determine which represents the highest energy use. (AHAM, No. 16.1 at 
p. 5) DOE notes that the averaging of such tests that is being adopted 
today is justified because it provides better consistency with a 
representative average use cycle, as required by EPCA. (42 U.S.C. 
6293(b)(3))
2. Potential Amendments To Include Standby and Off Mode Energy 
Consumption
    EPCA directs DOE to amend test procedures ``to include standby mode 
and off mode energy consumption * * * with such energy consumption 
integrated into the overall energy efficiency, energy consumption, or 
other energy descriptor for each covered product, unless the Secretary 
determines that--(i) the current test procedures for a covered product 
already fully account for and incorporate the standby and off mode 
energy consumption of the covered product * * *'' 42 U.S.C. 
6295(gg)(2)(A)(i).
    The procedure that DOE is adopting today already satisfies these 
requirements. The DOE test procedures for refrigeration products 
involve measuring the energy use of these products during extended time 
periods that include periods when the compressor and other key 
components are cycled off. All of the energy these products use during 
the ``off cycles'' is included in the measurements. The refrigeration 
product could include any auxiliary features which draw power in a 
standby or off mode. HRF-1-1979 and HRF-1-2008 provide instructions 
that certain auxiliary features should be set to the lowest power 
position during testing. In this lowest power position, any standby or 
off mode energy use of such auxiliary features would be included in the 
energy measurement. Hence, no separate changes are needed to account 
for standby and off mode energy consumption, since the current 
procedures (and as modified in this final rule and interim final rule) 
address these modes.
3. Addressing Changes in Measured Energy Use
    Section 323(e)(1) of EPCA requires that DOE consider whether a new 
test procedure alters the measured energy use of any covered product. 
(42 U.S.C. 6293(e)(1)) Further, section 323(e)(2) of EPCA requires DOE 
to amend the applicable standards if DOE determines that a new test 
procedure would alter the measured energy use of a covered product. The 
amended standard would be based on the average measurements made for a 
representative sample of minimally compliant products. (42 U.S.C. 
6293(e)(2))
    As discussed above, DOE has made a number of changes to account for 
the concerns raised by industry regarding the timing of certain 
provisions that DOE had proposed to make effective 30 days after the 
publication of the final rule. These changes include providing 
manufacturers with additional time (2014) to use certain procedures 
when conducting the test procedure. As a result, the interim final rule 
sets out the procedures manufacturers must follow starting in 2014 with 
respect to special compartments with heated temperature control, long-
time or variable defrost in order to capture pre-cooling and partial 
recovery energy use, and multiple defrost cycles. The interim final 
rule also addresses compartment temperature changes and volume 
calculations.
    Also as discussed above, industry and efficiency advocates 
negotiated a consensus agreement, dated July 30, 2010, that sets forth 
a series of standard levels for refrigeration products. DOE's parallel 
standards rulemaking proposed levels that are based on the levels 
submitted as part of that agreement. The industry has since raised 
concerns about the interplay between these proposed standards and the 
test procedure that DOE ultimately adopts. These concerns revolve 
around the following issues: (1) Modification of the set-up procedures 
for special compartments with heated temperature control; (2) 
modification of the long-time defrost test procedure to capture pre-
cooling energy use; and (3) establishment of test procedures for 
products with multiple defrost cycle types.
    DOE notes that its test procedure NOPR was published on May 27, 
2010, over two months before the date of the consensus agreement. Given 
this fact, DOE believes that industry negotiators had an ample 
opportunity to consider the potential impacts of the proposed test 
procedure amendments prior to finalizing the consensus agreement 
standards. The industry has not asserted that it has had an 
insufficient amount of time to consider the NOPR's provisions in 
developing the consensus standard levels. Accordingly, DOE believes 
that the standards set forth in that agreement were based on a serious 
and thoughtful consideration of the new changes to the test procedure 
that DOE proposed in May 2010.
    In spite of these facts, DOE is modifying its scheduled 
implementation of certain provisions to provide manufacturers with 
additional time to adjust to the new procedures. By implementing these 
particular changes through the interim final rule, DOE seeks to 
mitigate the potential burdens on industry while ensuring that the test 
procedure is sufficiently robust and comprehensive to capture the 
energy use from refrigeration products. Additionally, by following this 
approach, DOE invites the submission of additional input from the 
public regarding the procedures to address special compartments with 
heated temperature control, long-time or variable defrost in order to 
capture pre-cooling and partial recovery energy use, and multiple 
defrost cycles. DOE will consider these comments and, to the extent 
necessary, consider any needed adjustments.

IV. Procedural Requirements

A. Review Under Executive Order 12866

    The Office of Management and Budget has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866,

[[Page 78846]]

Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). 
Accordingly, this action was not subject to review under the Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) in the 
Office of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the proposed rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE has made its 
procedures and policies available on the Office of the General 
Counsel's Web site (http://www.gc.doe.gov).
    DOE reviewed the test procedures in today's final rule and interim 
final rule under the provisions of the Regulatory Flexibility Act and 
the procedures and policies published on February 19, 2003. This final 
rule and interim final rule prescribe test procedures that will be used 
to test compliance with energy conservation standards for the products 
that are the subject of this rulemaking.
    The Small Business Administration (SBA) considers an entity to be a 
small business if, together with its affiliates, it employs less than a 
threshold number of workers specified in 13 CFR part 121, which relies 
on size standards and codes established by the North American Industry 
Classification System (NAICS). The threshold number for NAICS code 
335222, which applies to Household Refrigerator and Home Freezer 
Manufacturing, is 1,000 employees.
    DOE searched the SBA Web site (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) to identify manufacturers within this NAICS code that 
produce refrigerators, refrigerator-freezers, and/or freezers. Most of 
the manufacturers supplying these products are large multinational 
corporations with more than 1,000 employees. There are several small 
businesses involved in the sale of refrigeration products that are 
listed on the SBA Web site under the NAICS code for this industry. 
However, DOE believes that only U-Line Corporation of Milwaukee, 
Wisconsin is a small business that manufactures these products. U-Line 
primarily manufactures compact refrigerators and related compact 
products such as wine coolers and icemakers (these icemakers are 
distinguished from the automatic icemakers installed in many 
residential refrigeration products in that they are complete icemaking 
appliances using either typical residential icemaking technology or the 
clear icemaking technology used extensively in commercial icemakers--
they are distinguished from refrigerators in that their sole purpose is 
production and storage of ice).
    DOE had tentatively concluded that the final rule and interim final 
rule will not have a significant impact on small manufacturers under 
the provisions of the Regulatory Flexibility Act. DOE received no 
comments objecting to this conclusion. Accordingly, the final rule and 
the interim final rule amend DOE's energy test procedures for 
refrigeration products. These amendments do not require use of test 
facilities or test equipment that differ significantly from the test 
facilities or test equipment that manufacturers currently use to 
evaluate the energy efficiency of these products. Further, the amended 
test procedures will not be significantly more difficult or time-
consuming to conduct than current DOE energy test procedures.
    For these reasons, DOE concludes and certifies that the proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. Accordingly, DOE has not prepared a 
regulatory flexibility analysis for this rulemaking. DOE has 
transmitted the certification and supporting statement of factual basis 
to the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 
605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of refrigeration products must certify to DOE that 
their products comply with any applicable energy conservation standard. 
In certifying compliance, manufacturers must test their products 
according to the DOE test procedure for refrigeration products, 
including any amendments adopted for that test procedure. DOE has 
proposed regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including the refrigeration products addressed by today's 
final rule and interim final rule. 75 FR 56796 (Sept. 16, 2010). The 
collection-of-information requirement for the certification and 
recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (PRA). This requirement has been submitted to 
OMB for approval. Public reporting burden for the certification is 
estimated to average 20 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to Subid 
Wagley (see ADDRESSES) and by e-mail to <a href="/cdn-cgi/l/email-protection#93d0fbe1fae0e7fafdf6ccd9bdccd8eafefdd3fcfef1bdf6fce3bdf4fce5"><span class="__cf_email__" data-cfemail="15567d677c66617c7b704a5f3b4a5e6c787b557a78773b707a653b727a63">[email protected]</span></a>.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this notice, DOE amends its test procedure for refrigerators, 
refrigerator-freezers, and freezers. These amendments will improve the 
ability of DOE's procedures to more accurately account for the energy 
consumption of products that incorporate a variety of new technologies 
that were not contemplated when the current procedure was promulgated. 
The amendments also will be used to develop and implement future energy 
conservation standards for refrigeration products. DOE has determined 
that this final rule and interim final rule fall into a class of 
actions that are categorically excluded from review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's 
implementing regulations at 10 CFR part 1021. Specifically, this rule 
amends an existing rule without changing its environmental effect, and, 
therefore, is covered by the Categorical Exclusion in 10 CFR part 1021, 
subpart D, paragraph A5. The exclusion applies because this rule 
establishes revisions to existing test procedures that will not affect 
the amount, quality, or distribution of

[[Page 78847]]

energy usage, and, therefore, will not result in any environmental 
impacts. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' imposes certain requirements 
on agencies formulating and implementing policies or regulations that 
preempt State law or that have Federalism implications. 64 FR 43255 
(August 10, 1999). The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process that it will follow in developing such 
regulations. 65 FR 13735. DOE examined this final rule and interim 
final rule and determined that it will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of today's final 
rule and interim final rule. States can petition DOE for exemption from 
such preemption to the extent, and based on criteria, set forth in 
EPCA. (42 U.S.C. 6297) No further action is required by Executive Order 
13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation specifies the following: (1) The 
preemptive effect, if any; (2) any effect on existing Federal law or 
regulation; (3) a clear legal standard for affected conduct while 
promoting simplification and burden reduction; (4) the retroactive 
effect, if any; (5) definitions of key terms; and (6) other important 
issues affecting clarity and general draftsmanship under any guidelines 
issued by the Attorney General. Section 3(c) of Executive Order 12988 
requires Executive agencies to review regulations in light of 
applicable standards in sections 3(a) and 3(b) to determine whether 
they are met or whether it is unreasonable to meet one or more of them. 
DOE has completed the required review and determined that, to the 
extent permitted by law, this final rule and interim final rule meet 
the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4; 2 U.S.C. 1501 et seq.) requires each Federal agency to assess 
the effects of Federal regulatory actions on State, local, and Tribal 
governments and the private sector. For a regulatory action resulting 
in a rule that may cause the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector of $100 million 
or more in any one year (adjusted annually for inflation), section 202 
of UMRA requires a Federal agency to publish estimates of the resulting 
costs, benefits, and other effects on the national economy. (2 U.S.C. 
1532(a)-(b)) UMRA also requires a Federal agency to develop an 
effective process to permit timely input by elected officers of State, 
local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect such governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is 
also available at http://www.gc.doe.gov). Today's final rule and 
interim final rule contain neither an intergovernmental mandate nor a 
mandate that may result in an expenditure of $100 million or more in 
any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
Today's final rule and interim final rule would not have any impact on 
the autonomy or integrity of the family as an institution. Accordingly, 
DOE has concluded that it is not necessary to prepare a Family 
Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's rule under OMB and DOE guidelines and has concluded 
that it is consistent with applicable policies in those guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgates or is expected to lead to promulgation of a final rule 
and that (1) is a significant regulatory action under Executive Order 
12866, or any successor order; and (2) is likely to have a significant 
adverse effect on the supply, distribution, or use of energy; or (3) is 
designated by the Administrator of OIRA as a significant energy action. 
For any significant energy action, the agency must give a detailed 
statement of any adverse effects on energy supply, distribution, or use 
if the regulation is implemented, and of reasonable alternatives to the 
action and their expected benefits on energy supply,

[[Page 78848]]

distribution, and use. Today's regulatory action is not a significant 
regulatory action under Executive Order 12866. It has likewise not been 
designated as a significant energy action by the Administrator of OIRA. 
Moreover, it would not have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, it is not a significant 
energy action, and, accordingly, DOE has not prepared a Statement of 
Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42 
U.S.C. 7101 et seq.), DOE must comply with section 32 of the Federal 
Energy Administration Act of 1974, as amended by the Federal Energy 
Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788) 
Section 32 essentially provides in part that, where a proposed rule 
authorizes or requires use of commercial standards, the rulemaking must 
inform the public of the use and background of such standards. In 
addition, section 32(c) requires DOE to consult with the Attorney 
General and the Chairman of the Federal Trade Commission (FTC) 
concerning the impact of the commercial or industry standards on 
competition.
    The proposed modifications to the test procedures addressed by this 
action incorporate testing methods contained in certain sections of the 
commercial standards, AHAM Standards HRF-1-1979 and HRF-1-2008. DOE has 
evaluated these two versions of this standard and is unable to conclude 
whether it fully complies with the requirements of section 32(b) of the 
FEAA (i.e., whether it was developed in a manner that fully provides 
for public participation, comment, and review.) DOE has consulted with 
both the Attorney General and the Chairman of the FTC about the impact 
on competition of using the methods contained in these standards and 
has received no comments objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of today's rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of these final 
rules.

List of Subjects in 10 CFR part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on November 18, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

0
For the reasons stated in the preamble, DOE amends part 430 of chapter 
II of title 10, of the Code of Federal Regulations, as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.2 is amended by revising the definitions for ``electric 
refrigerator'' and ``electric refrigerator-freezer'' to read as 
follows:


Sec.  430.2  Definitions.

* * * * *
    Electric refrigerator means a cabinet designed for the refrigerated 
storage of food, designed to be capable of achieving storage 
temperatures above 32 [deg]F (0 [deg]C) and below 39 [deg]F (3.9 
[deg]C), and having a source of refrigeration requiring single phase, 
alternating current electric energy input only. An electric 
refrigerator may include a compartment for the freezing and storage of 
food at temperatures below 32[deg]F (0 [deg]C), but does not provide a 
separate low temperature compartment designed for the freezing and 
storage of food at temperatures below 8 [deg]F (-13.3 [deg]C).
    Electric refrigerator-freezer means a cabinet which consists of two 
or more compartments with at least one of the compartments designed for 
the refrigerated storage of food and designed to be capable of 
achieving storage temperatures above 32 [deg]F (0 [deg]C) and below 39 
[deg]F (3.9 [deg]C), and with at least one of the compartments designed 
for the freezing and storage of food at temperatures below 8 [deg]F (-
13.3 [deg]C) which may be adjusted by the user to a temperature of 0 
[deg]F (-17.8 [deg]C) or below. The source of refrigeration requires 
single phase, alternating current electric energy input only.
* * * * *

0
3. Section 430.3 is amended by redesignating paragraph (g)(1) as (g)(2) 
and adding new paragraphs (g)(1) and (g)(3), to read as follows:


Sec.  430.3  Materials incorporated by reference.

    (g) * * *
    (1) ANSI/AHAM HRF-1-1979, (Revision of ANSI B38.1-1970), (``HRF-1-
1979''), American National Standard, Household Refrigerators, 
Combination Refrigerator-Freezers and Household Freezers, approved May 
17, 1979, IBR approved for Appendices A1 and B1 to Subpart B.
* * * * *
    (3) AHAM Standard HRF-1-2008, (``HRF-1-2008''), Association of Home 
Appliance Manufacturers, Energy and Internal Volume of Refrigerating 
Appliances (2008), including Errata to Energy and Internal Volume of 
Refrigerating Appliances, Correction Sheet issued November 17, 2009, 
IBR approved for Appendices A and B to Subpart B.
* * * * *

0
3. Section 430.23 is amended by
0
a. Adding an introductory paragraph before paragraph (a); and
0
b. Revising paragraphs (a) and (b).
    The additions and revisions read as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

    When the test procedures of this section call for rounding off of 
test results, and the results fall equally between two values of the 
nearest dollar, kilowatt-hour, or other specified nearest value, the 
result shall be rounded up to the nearest higher value.
    (a) Refrigerators and refrigerator-freezers. (1) The estimated 
annual operating cost for electric refrigerators and electric 
refrigerator-freezers without an anti-sweat heater switch shall be the 
product of the following three factors, the resulting product then 
being rounded off to the nearest dollar per year:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The average per-cycle energy consumption for the standard 
cycle in kilowatt-hours per cycle, determined according to 6.2 (6.3.6 
for externally vented units) of Appendix A1 of this subpart before 
Appendix A becomes mandatory and 6.2 (6.3.6 for externally vented 
units) of Appendix A of this subpart after Appendix A becomes mandatory 
(see the note at the beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.

[[Page 78849]]

    (2) The estimated annual operating cost for electric refrigerators 
and electric refrigerator-freezers with an anti-sweat heater switch 
shall be the product of the following three factors, the resulting 
product then being rounded off to the nearest dollar per year:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 (6.3.6 for externally vented units) of 
Appendix A1 of this subpart before Appendix A becomes mandatory and 6.2 
(6.3.6 for externally vented units) of Appendix A of this subpart after 
Appendix A becomes mandatory (see the note at the beginning of Appendix 
A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (3) The estimated annual operating cost for any other specified 
cycle type for electric refrigerators and electric refrigerator-
freezers shall be the product of the following three factors, the 
resulting product then being rounded off to the nearest dollar per 
year:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The average per-cycle energy consumption for the specified 
cycle type, determined according to 6.2 (6.3.6 for externally vented 
units) of Appendix A1 to this subpart before Appendix A becomes 
mandatory and 6.2 (6.3.6 for externally vented units) of Appendix A of 
this subpart after Appendix A becomes mandatory (see the note at the 
beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (4) The energy factor for electric refrigerators and electric 
refrigerator-freezers, expressed in cubic feet per kilowatt-hour per 
cycle, shall be:
    (i) For electric refrigerators and electric refrigerator-freezers 
without an anti-sweat heater switch, the quotient of:
    (A) The adjusted total volume in cubic feet, determined according 
to 6.1 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.1 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A), 
divided by--
    (B) The average per-cycle energy consumption for the standard cycle 
in kilowatt-hours per cycle, determined according to 6.2 (6.3.6 for 
externally vented units) of Appendix A1 of this subpart before Appendix 
A becomes mandatory and 6.2 (6.3.6 for externally vented units) of 
Appendix A of this subpart after Appendix A becomes mandatory (see the 
note at the beginning of Appendix A), the resulting quotient then being 
rounded off to the second decimal place; and
    (ii) For electric refrigerators and electric refrigerator-freezers 
having an anti-sweat heater switch, the quotient of:
    (A) The adjusted total volume in cubic feet, determined according 
to 6.1 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.1 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A), 
divided by --
    (B) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 (6.3.6 for externally vented units) of 
Appendix A1 of this subpart before Appendix A becomes mandatory and 6.2 
(6.3.6 for externally vented units) of Appendix A of this subpart after 
Appendix A becomes mandatory (see the note at the beginning of Appendix 
A), the resulting quotient then being rounded off to the second decimal 
place.
    (5) The annual energy use of electric refrigerators and electric 
refrigerator-freezers, expressed in kilowatt-hours per year, shall be 
the following, rounded to the nearest kilowatt-hour per year:
    (i) For electric refrigerators and electric refrigerator-freezers 
without an anti-sweat heater switch, the representative average use 
cycle of 365 cycles per year multiplied by the average per-cycle energy 
consumption for the standard cycle in kilowatt-hours per cycle, 
determined according to 6.2 (6.3.6 for externally vented units) of 
Appendix A1 of this subpart before Appendix A becomes mandatory and 6.2 
(6.3.6 for externally vented units) of Appendix A of this subpart after 
Appendix A becomes mandatory (see the note at the beginning of Appendix 
A), and
    (ii) For electric refrigerators and electric refrigerator-freezers 
having an anti-sweat heater switch, the representative average use 
cycle of 365 cycles per year multiplied by half the sum of the average 
per-cycle energy consumption for the standard cycle and the average 
per-cycle energy consumption for a test cycle type with the anti-sweat 
heater switch in the position set at the factory just before shipping, 
each in kilowatt-hours per cycle, determined according to 6.2 (6.3.6 
for externally vented units) of Appendix A1 of this subpart before 
Appendix A becomes mandatory and 6.2 (6.3.6 for externally vented 
units) of Appendix A of this subpart after Appendix A becomes mandatory 
(see the note at the beginning of Appendix A).
    (6) Other useful measures of energy consumption for electric 
refrigerators and electric refrigerator-freezers shall be those 
measures of energy consumption for electric refrigerators and electric 
refrigerator-freezers that the Secretary determines are likely to 
assist consumers in making purchasing decisions which are derived from 
the application of Appendix A1 of this subpart before Appendix A 
becomes mandatory Appendix A of this subpart after Appendix A becomes 
mandatory (see the note at the beginning of Appendix A).
    (7) The estimated regional annual operating cost for externally 
vented electric refrigerators and externally vented electric 
refrigerator-freezers without an anti-sweat heater switch shall be the 
product of the following three factors, the resulting product then 
being rounded off to the nearest dollar per year:
    (i) The representative average-use cycle of 365 cycles per year,
    (ii) The regional average per-cycle energy consumption for the 
standard cycle in kilowatt-hours per cycle, determined according to 
6.3.7 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.3.7 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (8) The estimated regional annual operating cost for externally 
vented electric refrigerators and externally vented electric 
refrigerator-freezers with an anti-sweat heater switch shall be the 
product of the following three factors, the resulting product then 
being rounded off to the nearest dollar per year:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the regional average per-cycle energy 
consumption for a test cycle with the anti-sweat heater switch in the 
position set at the factory just

[[Page 78850]]

before shipping, each in kilowatt-hours per cycle, determined according 
to 6.3.7 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.3.7 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (9) The estimated regional annual operating cost for any other 
specified cycle for externally vented electric refrigerators and 
externally vented electric refrigerator-freezers shall be the product 
of the following three factors, the resulting product then being 
rounded off to the nearest dollar per year:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The regional average per-cycle energy consumption for the 
specified cycle, in kilowatt-hours per cycle, determined according to 
6.3.7 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.3.7 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (10) The following principles of interpretation should be applied 
to the test procedure. The intent of the energy test procedure is to 
simulate typical room conditions (approximately 70 [deg]F (21 [deg]C)) 
with door openings, by testing at 90 [deg]F (32.2 [deg]C) without door 
openings. Except for operating characteristics that are affected by 
ambient temperature (for example, compressor percent run time), the 
unit, when tested under this test procedure, shall operate in a manner 
equivalent to the unit in typical room conditions. The energy used by 
the unit shall be calculated when a calculation is provided by the test 
procedure. Energy consuming components that operate in typical room 
conditions (including as a result of door openings, or a function of 
humidity), and that are not exempted by this test procedure, shall 
operate in an equivalent manner during energy testing under this test 
procedure, or be accounted for by all calculations as provided for in 
the test procedure. If:
    (i) A product contains energy consuming components that operate 
differently during the prescribed testing than they would during 
representative average consumer use and
    (ii) Applying the prescribed test to that product would evaluate it 
in a manner that is unrepresentative of its true energy consumption 
(thereby providing materially inaccurate comparative data), a 
manufacturer must obtain a waiver in accordance with the relevant 
provisions of 10 CFR part 430. Examples:
    A. Energy saving features that are designed to be activated by a 
lack of door openings shall not be functional during the energy test.
    B. The defrost heater should not either function or turn off 
differently during the energy test than it would when operating in 
typical room conditions.
    C. Electric heaters that would normally operate at typical room 
conditions with door openings should also operate during the energy 
test.
    D. Energy used during adaptive defrost shall continue to be tested 
and adjusted per the calculation provided for in this test procedure.
    (b) Freezers. (1) The estimated annual operating cost for freezers 
without an anti-sweat heater switch shall be the product of the 
following three factors, the resulting product then being rounded off 
to the nearest dollar per year:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The average per-cycle energy consumption for the standard 
cycle in kilowatt-hours per cycle, determined according to 6.2 of 
Appendix B1 of this subpart before Appendix B becomes mandatory and 6.2 
of Appendix B of this subpart after Appendix B becomes mandatory (see 
the note at the beginning of Appendix B); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (2) The estimated annual operating cost for freezers with an anti-
sweat heater switch shall be the product of the following three 
factors, the resulting product then being rounded off to the nearest 
dollar per year:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 of Appendix B1 of this subpart before 
Appendix B becomes mandatory and 6.2 of Appendix B of this subpart 
after Appendix B becomes mandatory (see the note at the beginning of 
Appendix B); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (3) The estimated annual operating cost for any other specified 
cycle type for freezers shall be the product of the following three 
factors, the resulting product then being rounded off to the nearest 
dollar per year:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The average per-cycle energy consumption for the specified 
cycle type, determined according to 6.2 of Appendix B1 of this subpart 
before Appendix B becomes mandatory and 6.2 of Appendix B of this 
subpart after Appendix B becomes mandatory (see the note at the 
beginning of Appendix B); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary.
    (4) The energy factor for freezers, expressed in cubic feet per 
kilowatt-hour per cycle, shall be:
    (i) For freezers not having an anti-sweat heater switch, the 
quotient of:
    (A) The adjusted net refrigerated volume in cubic feet, determined 
according to 6.1 of Appendix B1 of this subpart before Appendix B 
becomes mandatory and 6.1 of Appendix B of this subpart after Appendix 
B becomes mandatory (see the note at the beginning of Appendix B), 
divided by--
    (B) The average per-cycle energy consumption for the standard cycle 
in kilowatt-hours per cycle, determined according to 6.2 of Appendix B1 
of this subpart before Appendix B becomes mandatory and 6.2 of Appendix 
B of this subpart after Appendix B becomes mandatory (see the note at 
the beginning of Appendix B), the resulting quotient then being rounded 
off to the second decimal place; and
    (ii) For freezers having an anti-sweat heater switch, the quotient 
of:
    (A) The adjusted net refrigerated volume in cubic feet, determined 
according to 6.1 of Appendix B1 of this subpart before Appendix B 
becomes mandatory and 6.1 of Appendix B of this subpart after Appendix 
B becomes mandatory (see the note at the beginning of Appendix B), 
divided by--
    (B) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 of

[[Page 78851]]

Appendix B1 of this subpart before Appendix B becomes mandatory and 6.2 
of Appendix B of this subpart after Appendix B becomes mandatory (see 
the note at the beginning of Appendix B), the resulting quotient then 
being rounded off to the second decimal place.
    (5) The annual energy use of all freezers, expressed in kilowatt-
hours per year, shall be the following, rounded to the nearest 
kilowatt-hour per year:
    (i) For freezers not having an anti-sweat heater switch, the 
representative average use cycle of 365 cycles per year multiplied by 
the average per-cycle energy consumption for the standard cycle in 
kilowatt-hours per cycle, determined according to 6.2 of Appendix B1 of 
this subpart before Appendix B becomes mandatory and 6.2 of Appendix B 
of this subpart after Appendix B becomes mandatory (see the note at the 
beginning of Appendix B), and
    (ii) For freezers having an anti-sweat heater switch, the 
representative average use cycle of 365 cycles per year multiplied by 
half the sum of the average per-cycle energy consumption for the 
standard cycle and the average per-cycle energy consumption for a test 
cycle type with the anti-sweat heater switch in the position set at the 
factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 of Appendix B1 of this subpart before 
Appendix B becomes mandatory and 6.2 of Appendix B of this subpart 
after Appendix B becomes mandatory (see the note at the beginning of 
Appendix B).
    (6) Other useful measures of energy consumption for freezers shall 
be those measures the Secretary determines are likely to assist 
consumers in making purchasing decisions and are derived from the 
application of Appendix B1 of this subpart before Appendix B becomes 
mandatory and Appendix B of this subpart after Appendix B becomes 
mandatory (see the note at the beginning of Appendix B).
    (7) The following principles of interpretation should be applied to 
the test procedure. The intent of the energy test procedure is to 
simulate typical room conditions (approximately 70 [deg]F (21 [deg]C)) 
with door openings, by testing at 90 [deg]F (32.2 [deg]C) without door 
openings. Except for operating characteristics that are affected by 
ambient temperature (for example, compressor percent run time), the 
unit, when tested under this test procedure, shall operate in a manner 
equivalent to the unit in typical room conditions. The energy used by 
the unit shall be calculated when a calculation is provided by the test 
procedure. Energy consuming components that operate in typical room 
conditions (including as a result of door openings, or a function of 
humidity), and that are not exempted by this test procedure, shall 
operate in an equivalent manner during energy testing under this test 
procedure, or be accounted for by all calculations as provided for in 
the test procedure. If:
    (i) A product contains energy consuming components that operate 
differently during the prescribed testing than they would during 
representative average consumer use and
    (ii) Applying the prescribed test to that product would evaluate it 
in a manner that is unrepresentative of its true energy consumption 
(thereby providing materially inaccurate comparative data), a 
manufacturer must obtain a waiver in accordance with the relevant 
provisions of 10 CFR part 430. Examples:
    A. Energy saving features that are designed to be activated by a 
lack of door openings hall not be functional during the energy test.
    B. The defrost heater should not either function or turn off 
differently during the energy test than it would when in typical room 
conditions.
    C. Electric heaters that would normally operate at typical room 
conditions with door openings should also operate during the energy 
test.
    D. Energy used during adaptive defrost shall continue to be tested 
and adjusted per the calculation provided for in this test procedure.
* * * * *

0
4. Add a new Appendix A to subpart B of part 430 to read as follows:

Appendix A to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Electric Refrigerators and Electric 
Refrigerator-Freezers

    The provisions of Appendix A shall apply to all products 
manufactured on or after the effective date of any amended standards 
promulgated by DOE pursuant to Section 325(b)(4) of the Energy 
Policy and Conservation Act of 1975, as amended by the Energy 
Independence and Security Act of 2007 (to be codified at 42 U.S.C. 
6295(b)(4)).

1. Definitions

    Section 3, Definitions, of HRF-1-2008 (incorporated by 
reference; see Sec.  430.3) applies to this test procedure.
    1.1 ``Adjusted total volume'' means the sum of:
    (i) The fresh food compartment volume as defined in HRF-1-2008 
(incorporated by reference; see Sec.  430.3) in cubic feet, and
    (ii) The product of an adjustment factor and the net freezer 
compartment volume as defined in HRF-1-2008 in cubic feet.
    1.2 ``All-refrigerator'' means an electric refrigerator that 
does not include a compartment for the freezing and long time 
storage of food at temperatures below 32[deg]F (0.0 [deg]C). It may 
include a compartment of 0.50 cubic-foot capacity (14.2 liters) or 
less for the freezing and storage of ice.
    1.3 ``Anti-sweat heater'' means a device incorporated into the 
design of a refrigerator or refrigerator-freezer to prevent the 
accumulation of moisture on the exterior or interior surfaces of the 
cabinet.
    1.4 ``Anti-sweat heater switch'' means a user-controllable 
switch or user interface which modifies the activation or control of 
anti-sweat heaters.
    1.5 ``Automatic defrost'' means a system in which the defrost 
cycle is automatically initiated and terminated, with resumption of 
normal refrigeration at the conclusion of the defrost operation. The 
system automatically prevents the permanent formation of frost on 
all refrigerated surfaces. Nominal refrigerated food temperatures 
are maintained during the operation of the automatic defrost system.
    1.6 ``Automatic icemaker'' means a device, that can be supplied 
with water without user intervention, either from a pressurized 
water supply system or by transfer from a water reservoir located 
inside the cabinet, that automatically produces, harvests, and 
stores ice in a storage bin, with means to automatically interrupt 
the harvesting operation when the ice storage bin is filled to a 
pre-determined level.
    1.7 ``Cycle'' means the period of 24 hours for which the energy 
use of an electric refrigerator or electric refrigerator-freezer is 
calculated as though the consumer activated compartment temperature 
controls were set to maintain the standardized temperatures (see 
section 3.2).
    1.8 ``Cycle type'' means the set of test conditions having the 
calculated effect of operating an electric refrigerator or electric 
refrigerator-freezer for a period of 24 hours, with the consumer 
activated controls other than those that control compartment 
temperatures set to establish various operating characteristics.
    1.9 ``Defrost cycle type'' means a distinct sequence of control 
whose function is to remove frost and/or ice from a refrigerated 
surface. There may be variations in the defrost control sequence 
such as the number of defrost heaters energized. Each such variation 
establishes a separate distinct defrost cycle type. However, defrost 
achieved regularly during the compressor off-cycles by warming of 
the evaporator without active heat addition is not a defrost cycle 
type.
    1.10 ``Externally vented refrigerator or refrigerator-freezer'' 
means an electric refrigerator or electric refrigerator-freezer that 
has an enclosed condenser or an enclosed condenser/compressor 
compartment and a set of air ducts for transferring the exterior air 
from outside the building envelope into, through, and out of the 
refrigerator or refrigerator-freezer cabinet; is capable of mixing 
exterior air with the room air before discharging into, through, and 
out of the condenser or condenser/compressor compartment; may 
include thermostatically controlled dampers or controls that mix the 
exterior and room air at low outdoor

[[Page 78852]]

temperatures and exclude exterior air when the outdoor air 
temperature is above 80 [deg]F (26.7 [deg]C) or the room air 
temperature; and may have a thermostatically actuated exterior air 
fan.
    1.11 ``HRF-1-2008'' means AHAM Standard HRF-1-2008, Association 
of Home Appliance Manufacturers, Energy and Internal Volume of 
Refrigerating Appliances (2008), including Errata to Energy and 
Internal Volume of Refrigerating Appliances, Correction Sheet issued 
November 17, 2009. Only sections of HRF-1-2008 (incorporated by 
reference; see Sec.  430.3) specifically referenced in this test 
procedure are part of this test procedure. In cases where there is a 
conflict, the language of the test procedure in this appendix takes 
precedence over HRF-1-2008.
    1.12 ``Long-time automatic defrost'' means an automatic defrost 
system whose successive defrost cycles are separated by 14 hours or 
more of compressor operating time.
    1.13 ``Separate auxiliary compartment'' means a freezer 
compartment or a fresh food compartment of a refrigerator or 
refrigerator-freezer having more than two compartments that is not 
the first freezer compartment or the first fresh food compartment. 
Access to a separate auxiliary compartment is through a separate 
exterior door or doors rather than through the door or doors of 
another compartment. Separate auxiliary compartments may be 
convertible (e.g., from fresh food to freezer). Separate auxiliary 
freezer compartments may not be larger than the first freezer 
compartment and separate auxiliary fresh food compartments may not 
be larger than the first fresh food compartment, but such size 
restrictions do not apply to separate auxiliary convertible 
compartments.
    1.14 ``Special compartment'' means any compartment other than a 
butter conditioner, without doors directly accessible from the 
exterior, and with separate temperature control (such as crispers 
convertible to meat keepers) that is not convertible from fresh food 
temperature range to freezer temperature range.
    1.15 ``Stabilization period'' means the total period of time 
during which steady-state conditions are being attained or 
evaluated.
    1.16 ``Standard cycle'' means the cycle type in which the anti-
sweat heater control, when provided, is set in the highest energy-
consuming position.
    1.17 ``Variable anti-sweat heater control'' means an anti-sweat 
heater control that varies the average power input of the anti-sweat 
heater(s) based on operating condition variable(s) and/or ambient 
condition variable(s).
    1.18 ``Variable defrost control'' means an automatic defrost 
system in which successive defrost cycles are determined by an 
operating condition variable or variables other than solely 
compressor operating time. This includes any electrical or 
mechanical device performing this function. A control scheme that 
changes the defrost interval from a fixed length to an extended 
length (without any intermediate steps) is not considered a variable 
defrost control. A variable defrost control feature should predict 
the accumulation of frost on the evaporator and react accordingly. 
Therefore, the times between defrost should vary with different 
usage patterns and include a continuum of lengths of time between 
defrosts as inputs vary.

2. Test Conditions

    2.1 Ambient Temperature. The ambient temperature shall be 90.0 
<plus-minus> 1 [deg]F (32.2 <plus-minus> 0.6 [deg]C) during the 
stabilization period and the test period.
    2.2 Operational Conditions. The electric refrigerator or 
electric refrigerator-freezer shall be installed and its operating 
conditions maintained in accordance with HRF-1-2008, (incorporated 
by reference; see Sec.  430.3), section 5.3 through section 5.5.5.5 
(excluding section 5.5.5.4). Exceptions and clarifications to the 
cited sections of HRF-1-2008 are noted in sections 2.3 through 2.8, 
and 5.1 of this test procedure.
    2.3 Anti-Sweat Heaters. The anti-sweat heater switch is to be on 
during one test and off during a second test. In the case of an 
electric refrigerator-freezer equipped with variable anti-sweat 
heater control, the standard cycle energy use shall be the result of 
the calculation described in 6.2.3.
    2.4 Conditions for Automatic Defrost Refrigerator-Freezers. For 
automatic defrost refrigerator-freezers, the freezer compartments 
shall not be loaded with any frozen food packages during testing. 
Cylindrical metallic masses of dimensions 1.12 <plus-minus> 0.25 
inches (2.9 <plus-minus> 0.6 cm) in diameter and height shall be 
attached in good thermal contact with each temperature sensor within 
the refrigerated compartments. All temperature measuring sensor 
masses shall be supported by low-thermal-conductivity supports in 
such a manner to ensure that there will be at least 1 inch (2.5 cm) 
of air space separating the thermal mass from contact with any 
interior surface or hardware inside the cabinet. In case of 
interference with hardware at the sensor locations specified in 
section 5.1, the sensors shall be placed at the nearest adjacent 
location such that there will be a 1-inch air space separating the 
sensor mass from the hardware.
    2.5 Conditions for All-Refrigerators. There shall be no load in 
the freezer compartment during the test.
    2.6 The cabinet and its refrigerating mechanism shall be 
assembled and set up in accordance with the printed consumer 
instructions supplied with the cabinet. Set-up of the refrigerator 
or refrigerator-freezer shall not deviate from these instructions, 
unless explicitly required or allowed by this test procedure. 
Specific required or allowed deviations from such set-up include the 
following:
    (a) Connection of water lines and installation of water filters 
are not required;
    (b) Clearance requirements from surfaces of the product shall be 
as described in section 2.8 of this appendix;
    (c) The electric power supply shall be as described in HRF-1-
2008 (incorporated by reference; see Sec.  430.3), section 5.5.1;
    (d) Temperature control settings for testing shall be as 
described in section 3 below. Settings for convertible compartments 
and other temperature-controllable or special compartments shall be 
as described in section 2.7 of this appendix;
    (e) The product does not need to be anchored or otherwise 
secured to prevent tipping during energy testing;
    (f) All the product's chutes and throats required for the 
delivery of ice shall be free of packing, covers, or other blockages 
that may be fitted for shipping or when the icemaker is not in use; 
and
    (g) Ice storage bins shall be emptied of ice.
    For cases in which set-up is not clearly defined by this test 
procedure, manufacturers must submit a petition for a waiver (see 
section 7).
    2.7 Compartments that are convertible (e.g., from fresh food to 
freezer) shall be operated in the highest energy use position. For the 
special case of convertible separate auxiliary compartments, this means 
that the compartment shall be treated as a freezer compartment or a 
fresh food compartment, depending on which of these represents higher 
energy use. Special compartments shall be tested with controls set to 
provide the coldest temperature. However, for special compartments in 
which temperature control is achieved using the addition of heat 
(including resistive electric heating, refrigeration system waste heat, 
or heat from any other source, but excluding the transfer of air from 
another part of the interior of the product) for any part of the 
controllable temperature range of that compartment, the product energy 
use shall be determined by averaging two sets of tests. The first set 
of tests shall be conducted with such special compartments at their 
coldest settings, and the second set of tests shall be conducted with 
such special compartments at their warmest settings. The requirements 
for the warmest or coldest temperature settings of this section do not 
apply to features or functions associated with temperature control 
(such as fast chill compartments) that are initiated manually and 
terminated automatically within 168 hours.
    2.8 The space between the back of the cabinet and a vertical 
surface (the test room wall or simulated wall) shall be the minimum 
distance in accordance with the manufacturer's instructions. However, 
the clearance shall not be greater than 2 inches (51 mm) from the plane 
of the cabinet's back panel to the vertical surface. If permanent rear 
spacers extend further than this distance, the appliance shall be 
located with the spacers in contact with the vertical surface.
    2.9 Steady-State Condition. Steady-state conditions exist if the 
temperature measurements in all measured

[[Page 78853]]

compartments taken at 4-minute intervals or less during a stabilization 
period are not changing at a rate greater than 0.042 [deg]F (0.023 
[deg]C) per hour as determined by the applicable condition of A or B, 
described below.
    A. The average of the measurements during a 2-hour period if no 
cycling occurs or during a number of complete repetitive compressor 
cycles occurring through a period of no less than 2 hours is compared 
to the average over an equivalent time period with 3 hours elapsing 
between the two measurement periods.
    B. If A above cannot be used, the average of the measurements 
during a number of complete repetitive compressor cycles occurring 
through a period of no less than 2 hours and including the last 
complete cycle before a defrost period (or if no cycling occurs, the 
average of the measurements during the last 2 hours before a defrost 
period) are compared to the same averaging period before the following 
defrost period.
    2.10 Exterior Air for Externally Vented Refrigerator or 
Refrigerator-Freezer. An exterior air source shall be provided with 
adjustable temperature and pressure capabilities. The exterior air 
temperature shall be adjustable from 30 <plus-minus> 1 [deg]F (1.7 
<plus-minus> 0.6 [deg]C) to 90 <plus-minus> 1 [deg]F (32.2 <plus-minus> 
0.6 [deg]C).
    2.10.1 Air Duct. The exterior air shall pass from the exterior air 
source to the test unit through an insulated air duct.
    2.10.2 Air Temperature Measurement. The air temperature entering 
the condenser or condenser/compressor compartment shall be maintained 
to <plus-minus> 3 [deg]F (1.7 [deg]C) during the stabilization and test 
periods and shall be measured at the inlet point of the condenser or 
condenser/compressor compartment (``condenser inlet''). Temperature 
measurements shall be taken from at least three temperature sensors or 
one sensor per 4 square inches (25.8 square cm) of the air duct cross-
sectional area, whichever is greater, and shall be averaged. For a unit 
that has a condenser air fan, a minimum of three temperature sensors at 
the condenser fan discharge shall be required. Temperature sensors 
shall be arranged to be at the centers of equally divided cross-
sectional areas. The exterior air temperature, at its source, shall be 
measured and maintained to <plus-minus> 1 [deg]F (0.6 [deg]C) during 
the test period. The temperature measuring devices shall have an error 
no greater than <plus-minus> 0.5 [deg]F (<plus-minus> 0.3 [deg]C). 
Measurements of the air temperature during the test period shall be 
taken at regular intervals not to exceed 4 minutes.
    2.10.3 Exterior Air Static Pressure. The exterior air static 
pressure at the inlet point of the unit shall be adjusted to maintain a 
negative pressure of 0.20[sec] <plus-minus> 0.05[sec] water column (62 
Pascals <plus-minus> 12.5 Pascals) for all air flow rates supplied to 
the unit. The pressure sensor shall be located on a straight duct with 
a distance of at least 7.5 times the diameter of the duct upstream and 
a distance of at least 3 times the diameter of the duct downstream. 
There shall be four static pressure taps at 90[deg] angles apart. The 
four pressures shall be averaged by interconnecting the four pressure 
taps. The air pressure measuring instrument shall have an error no 
greater than 0.01'' water column (2.5 Pascals).

3. Test Control Settings

    3.1 Model with no User Operable Temperature Control. A test shall 
be performed to measure the compartment temperatures and energy use. A 
second test shall be performed with the temperature control 
electrically short circuited to cause the compressor to run 
continuously.
    3.2 Models with User Operable Temperature Control. Testing shall be 
performed in accordance with one of the following sections using the 
following standardized temperatures:
    All-Refrigerator: 39 [deg]F (3.9 [deg]C) fresh food compartment 
temperature;
    Refrigerator: 15 [deg]F (-9.4 [deg]C) freezer compartment 
temperature, 39 [deg]F (3.9 [deg]C) fresh food compartment temperature;
    Refrigerator-Freezer: 0 [deg]F (-17.8 [deg]C) freezer compartment 
temperature, 39 [deg]F (3.9 [deg]C) fresh food compartment temperature.
    For the purposes of comparing compartment temperatures with 
standardized temperatures, as described in sections 3.2.1 and 3.2.2, 
the freezer compartment temperature shall be as specified in section 
5.1.4, and the fresh food compartment temperature shall be as specified 
in section 5.1.3.
    3.2.1 A first test shall be performed with all compartment 
temperature controls set at their median position midway between their 
warmest and coldest settings. For mechanical control systems, knob 
detents shall be mechanically defeated if necessary to attain a median 
setting. For electronic control systems, the test shall be performed 
with all compartment temperature controls set at the average of the 
coldest and warmest settings--if there is no setting equal to this 
average, the setting closest to the average shall be used. If there are 
two such settings equally close to the average, the higher of these 
temperature control settings shall be used. A second test shall be 
performed with all controls set at their warmest setting or all 
controls set at their coldest setting (not electrically or mechanically 
bypassed). For all-refrigerators, this setting shall be the appropriate 
setting that attempts to achieve compartment temperatures measured 
during the two tests which bound (i.e., one is above and one is below) 
the standardized temperature for all-refrigerators. For refrigerators 
and refrigerator-freezers, the second test shall be conducted with all 
controls at their coldest setting, unless all compartment temperatures 
measured during the first part of the test are lower than the 
standardized temperatures, in which case the second test shall be 
conducted with all controls at their warmest setting. Refer to Table 1 
for all-refrigerators or Table 2 for refrigerators with freezer 
compartments and refrigerator-freezers to determine which test results 
to use in the energy consumption calculation. If any compartment is 
warmer than its standardized temperature for a test with all controls 
at their coldest position, the tested unit fails the test and cannot be 
rated.

                               Table 1--Temperature Settings for All-Refrigerators
----------------------------------------------------------------------------------------------------------------
                     First test                                     Second test
--------------------------------------------------------------------------------------------- Energy calculation
            Settings                    Results            Settings             Results            based on:
----------------------------------------------------------------------------------------------------------------
Mid.............................  Low...............  Warm..............  Low...............  Second Test Only.
                                                                          High..............  First and Second
                                                                                               Tests.
                                  High..............  Cold..............  Low...............  First and Second
                                                                                               Tests.
                                                                          High..............  No Energy Use
                                                                                               Rating.
----------------------------------------------------------------------------------------------------------------


[[Page 78854]]


       Table 2--Temperature Settings for Refrigerators With Freezer Compartments and Refrigerator-Freezers
----------------------------------------------------------------------------------------------------------------
                     First test                                     Second test
--------------------------------------------------------------------------------------------- Energy calculation
            Settings                    Results            Settings             Results            based on:
----------------------------------------------------------------------------------------------------------------
Fzr Mid FF Mid..................  Fzr Low FF Low....  Fzr Warm FF Warm..  Fzr Low FF Low....  Second Test Only.
                                                                          Fzr Low FF High...  First and Second
                                                                                               Tests.
                                                                          Fzr High FF Low...  First and Second
                                                                                               Tests.
                                                                          Fzr High FF High..  First and Second
                                                                                               Tests.
                                  Fzr Low FF High...  Fzr Cold FF Cold..  Fzr Low FF High...  No Energy Use
                                                                                               Rating.
                                                                          Fzr Low FF Low....  First and Second
                                                                                               Tests.
                                  Fzr High FF Low...  Fzr Cold FF Cold..  Fzr High FF Low...  No Energy Use
                                                                                               Rating.
                                                                          Fzr Low FF Low....  First and Second
                                                                                               Tests.
                                  Fzr High FF High..  Fzr Cold FF Cold..  Fzr Low FF Low....  First and Second
                                                                                               Tests.
                                                                          Fzr Low FF High...  No Energy Use
                                                                                               Rating.
                                                                          Fzr High FF Low...  No Energy Use
                                                                                               Rating.
                                                                          Fzr High FF High..  No Energy Use
                                                                                               Rating.
----------------------------------------------------------------------------------------------------------------
Notes: Fzr = Freezer Compartment, FF = Fresh Food Compartment.

    3.2.2 Alternatively, a first test may be performed with all 
temperature controls set at their warmest setting. If all compartment 
temperatures are below the appropriate standardized temperatures, then 
the result of this test alone will be used to determine energy 
consumption. If this condition is not met, then the unit shall be 
tested in accordance with 3.2.1.
    3.2.3 Temperature Settings for Separate Auxiliary Convertible 
Compartments. For separate auxiliary convertible compartments tested as 
freezer compartments, the median setting shall be within 2 [deg]F (1.1 
[deg]C) of the standardized temperature, and the warmest setting shall 
be above 5 [deg]F (-15 [deg]C). For separate auxiliary convertible 
compartments tested as fresh food compartments, the median setting 
shall be within 2 [deg]F (1.1 [deg]C) of the standardized temperature, 
and the coldest setting shall be below 34 [deg]F (1.1 [deg]C). For 
compartments where control settings are not expressed as particular 
temperatures, the measured temperature of the convertible compartment 
rather than the settings shall meet the specified criteria.

4. Test Period

    Tests shall be performed by establishing the conditions set forth 
in section 2, and using the control settings set forth in section 3.
    4.1 Nonautomatic Defrost. If the model being tested has no 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be no less than 3 hours 
in duration. During the test period, the compressor motor shall 
complete two or more whole compressor cycles. (A compressor cycle is a 
complete ``on'' and a complete ``off'' period of the motor). If no 
``off'' cycling will occur, as determined during the stabilization 
period, the test period shall be 3 hours. If incomplete cycling occurs 
(i.e. less than two compressor cycles during a 24-hour period), the 
results of the 24-hour period shall be used.
    4.2 Automatic Defrost. If the model being tested has an automatic 
defrost system, the test time period shall start after steady-state 
conditions have been achieved and be from one point during a defrost 
period to the same point during the next defrost period. If the model 
being tested has a long-time automatic defrost system, the alternative 
provisions of 4.2.1 may be used. If the model being tested has a 
variable defrost control, the provisions of section 4.2.2 shall apply. 
If the model has a dual compressor system with automatic defrost for 
both systems, the provisions of 4.2.3 shall apply. If the model being 
tested has long-time automatic or variable defrost control involving 
multiple defrost cycle types, such as for a product with a single 
compressor and two or more evaporators in which the evaporators are 
defrosted at different frequencies, the provisions of section 4.2.4 
shall apply. If the model being tested has multiple defrost cycle types 
for which compressor run time between defrosts is a fixed time of less 
than 14 hours for all such cycle types, and for which the compressor 
run time between defrosts for different defrost cycle types are equal 
to or multiples of each other, the test time period shall be from one 
point of the defrost cycle type with the longest compressor run time 
between defrosts to the same point during the next occurrence of this 
defrost cycle type. For such products not using the section 4.2.4 
procedures, energy consumption shall be calculated as described in 
section 5.2.1.1.
    4.2.1 Long-time Automatic Defrost. If the model being tested has a 
long-time automatic defrost system, the two-part test described in this 
section may be used. The first part is a stable period of compressor 
operation that includes no portions of the defrost cycle, such as 
precooling or recovery, that is otherwise the same as the test for a 
unit having no defrost provisions (section 4.1). The second part is 
designed to capture the energy consumed during all of the events 
occurring with the defrost control sequence that are outside of stable 
operation.
    4.2.1.1 Cycling Compressor System. For a system with a cycling 
compressor, the second part starts at the termination of the last 
regular compressor ``on'' cycle. The average temperature of the 
compartment measured from the termination of the previous compressor 
``on'' cycle to the termination of the last regular compressor ``on'' 
cycle must be within 0.5 [deg]F (0.3 [deg]C) of the average temperature 
of the compartment measured for the first part of the test. If any 
compressor cycles occur prior to the defrost heater being energized 
that cause the average temperature in the compartment to deviate from 
the first part temperature by more than 0.5 [deg]F (0.3 [deg]C), these 
compressor cycles are not considered regular compressor cycles and must 
be included in the second part of the test. As an example, a 
``precool'' cycle, which is an extended compressor cycle that lowers 
the compartment temperature prior to energizing the defrost heater, 
must be included in the second part of the test. The test period for 
the second part of the test ends at the initiation of the first regular 
compressor cycle after the compartment temperatures have fully 
recovered to their stable conditions. The average temperature of the 
compartment measured from this initiation of the first regular 
compressor ``on'' cycle until the initiation of the next regular 
compressor ``on'' cycle must be within 0.5 [deg]F (0.3 [deg]C) of the 
average temperature of the compartment measured for the first part of 
the test. The second part of the test

[[Page 78855]]

may be terminated after 4 hours if the above conditions cannot be met. 
See Figure 1.

 
 
 
                                                        Figure 1
 

[GRAPHIC] [TIFF OMITTED] TR16DE10.005

    4.2.1.2 Non-cycling Compressor System. For a system with a non-
cycling compressor, the second part starts at a time before defrost 
during stable operation when the compartment temperature is within 0.5 
[deg]F (0.3 [deg]C) of the average temperature of the compartment 
measured for the first part of the test. The second part stops at a 
time after defrost during stable operation when the compartment 
temperature is within 0.5 [deg]F (0.3 [deg]C) of the average 
temperature of the compartment measured for the first part of the test. 
The second part of the test may be terminated after 4 hours if the 
above conditions cannot be met. See Figure 2.

[[Page 78856]]



 
 
 
                                                        Figure 2
 

[GRAPHIC] [TIFF OMITTED] TR16DE10.006

    4.2.2 Variable Defrost Control. If the model being tested has a 
variable defrost control system, the test shall consist of the same two 
parts as the test for long-time automatic defrost (section 4.2.1).
    4.2.3 Dual Compressor Systems with Automatic Defrost. If the model 
being tested has separate compressor systems for the refrigerator and 
freezer sections, each with its own automatic defrost system, then the 
two-part method in 4.2.1 shall be used. The second part of the method 
will be conducted separately for each automatic defrost system. The 
components (compressor, fan motors, defrost heaters, anti-sweat 
heaters, etc.) associated with each system will be identified and their 
energy consumption will be separately measured during each test.
    4.2.4 Systems with Multiple Defrost Frequencies. This section 
applies to models with long-time automatic or variable defrost control 
with multiple defrost cycle types, such as models with single 
compressors and multiple evaporators in which the evaporators have 
different defrost frequencies. The two-part method in 4.2.1 shall be 
used. The second part of the method will be conducted separately for 
each distinct defrost cycle type. For defrost cycle types involving the 
defrosting of both fresh food and freezer compartments, the freezer 
compartment temperature shall be used to determine test period start 
and stop times.

5. Test Measurements

    5.1 Temperature Measurements. Temperature measurements shall be 
made at the locations prescribed in Figures 5.1 and 5.2 of HRF-1-2008 
(incorporated by reference; see Sec.  430.3) and shall be accurate to 
within <plus-minus> 0.5 [deg]F (0.3 [deg]C). No freezer temperature 
measurements need be taken in an all-refrigerator model.
    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 5.1 and 5.2 of HRF-1-2008, the product may be 
tested by relocating the temperature sensors from the locations 
specified in the figures to avoid interference with hardware or 
components within the cabinet, in which case the specific locations 
used for the temperature sensors shall be noted in the test data 
records maintained by the manufacturer, and the certification report 
shall indicate that non-standard sensor locations were used.
    5.1.1 Measured Temperature. The measured temperature of a 
compartment is to be the average of all sensor

[[Page 78857]]

temperature readings taken in that compartment at a particular point in 
time. Measurements shall be taken at regular intervals not to exceed 4 
minutes.
    5.1.2 Compartment Temperature. The compartment temperature for each 
test period shall be an average of the measured temperatures taken in a 
compartment during the test period as defined in section 4. For long-
time automatic defrost models, compartment temperatures shall be those 
measured in the first part of the test period specified in section 
4.2.1. For models with variable defrost controls, compartment 
temperatures shall be those measured in the first part of the test 
period specified in section 4.2.2.
    5.1.3 Fresh Food Compartment Temperature. The fresh food 
compartment temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR16DE10.007

Where:

R is the total number of applicable fresh food compartments, which 
include the first fresh food compartment and any number of separate 
auxiliary fresh food compartments (including separate auxiliary 
convertible compartments tested as fresh food compartments in 
accordance with section 2.7);
TR<INF>i</INF> is the compartment temperature of fresh food 
compartment ``i'' determined in accordance with section 5.1.2; and
VR<INF>i</INF> is the volume of fresh food compartment ``i''.

    5.1.4 Freezer Compartment Temperature. The freezer compartment 
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR16DE10.008

Where:

F is the total number of applicable freezer compartments, which 
include the first freezer compartment and any number of separate 
auxiliary freezer compartments (including separate auxiliary 
convertible compartments tested as freezer compartments in 
accordance with section 2.7);
TF<INF>i</INF> is the compartment temperature of freezer compartment 
``i'' determined in accordance with section 5.1.2; and
VF<INF>i</INF> is the volume of freezer compartment ``i''.
    5.2 Energy Measurements
    5.2.1 Per-Day Energy Consumption. The energy consumption in 
kilowatt-hours per day, ET, for each test period shall be the energy 
expended during the test period as specified in section 4 adjusted to a 
24-hour period. The adjustment shall be determined as follows.
    5.2.1.1 Nonautomatic and Automatic Defrost Models. The energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:
ET = EP x 1440/T

Where:

ET = test cycle energy expended in kilowatt-hours per day;
EP = energy expended in kilowatt-hours during the test period;
T = length of time of the test period in minutes; and
1440 = conversion factor to adjust to a 24-hour period in minutes 
per day.

    5.2.1.2 Long-time Automatic Defrost. If the two-part test method is 
used, the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:
ET = (1440 x EP1/T1) + (EP2 - (EP1 x T2/T1)) x (12/CT)

Where:

ET and 1440 are defined in 5.2.1.1;
EP1 = energy expended in kilowatt-hours during the first part of the 
test;
EP2 = energy expended in kilowatt-hours during the second part of 
the test;
T1 and T2 = length of time in minutes of the first and second test 
parts respectively;
CT = defrost timer run time or compressor run time between defrosts 
in hours required to cause it to go through a complete cycle, 
rounded to the nearest tenth of an hour; and
12 = factor to adjust for a 50-percent run time of the compressor in 
hours per day.

    5.2.1.3 Variable Defrost Control. The energy consumption in 
kilowatt-hours per day shall be calculated equivalent to:
ET = (1440 x EP1/T1) + (EP2 - (EP1 x T2/T1)) x (12/CT),

Where:

1440 is defined in 5.2.1.1 and EP1, EP2, T1, T2, and 12 are defined 
in 5.2.1.2;
CT = (CT<INF>L</INF> x CT<INF>M</INF>)/(F x (CT<INF>M</INF> - 
CT<INF>L</INF>) + CT<INF>L</INF>);
CT<INF>L</INF> = least or shortest compressor run time between 
defrosts in hours rounded to the nearest tenth of an hour (greater 
than or equal to 6 but less than or equal to 12 hours);
CT<INF>M</INF> = maximum compressor run time between defrosts in 
hours rounded to the nearest tenth of an hour (greater than 
CT<INF>L</INF> but not more than 96 hours);
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per-day energy consumption and 
is equal to 0.20
For variable defrost models with no values for CT <INF>L</INF> and 
CT<INF>M</INF> in the algorithm, the default values of 12 and 84 
shall be used, respectively.

    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.2.4 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:

ET = (1440 x EP1/T1) + (EP2<INF>F</INF> - (EP<INF>F</INF> x T2/T1)) x 
(12/CT<INF>F</INF>) + (EP2<INF>R</INF> - (EP<INF>R</INF> x T3/T1)) x 
(12/CT<INF>R</INF>)

Where:

1440, EP1, T1, EP2, 12, and CT are defined in 5.2.1.2;
EP<INF>F</INF> = freezer system energy in kilowatt-hours expended 
during the first part of the test;
EP2<INF>F</INF> = freezer system energy in kilowatt-hours expended 
during the second part of the test for the freezer system;
EP<INF>R</INF> = refrigerator system energy in kilowatt-hours 
expended during the first part of the test;
EP2<INF>R</INF> = refrigerator system energy in kilowatt-hours 
expended during the second part of the test for the refrigerator 
system;
T2 and T3 = length of time in minutes of the second test part for 
the freezer and refrigerator systems respectively;
CT<INF>F</INF> = compressor run time between freezer defrosts (in 
hours rounded to the nearest tenth of an hour); and
CT<INF>R</INF> = compressor run time between refrigerator defrosts 
(in hours rounded to the nearest tenth of an hour).

    5.2.1.5 Long-time or Variable Defrost Control for Systems with 
Multiple Defrost cycle Types. The energy consumption in kilowatt-hours 
per day shall be calculated equivalent to:

[[Page 78858]]

[GRAPHIC] [TIFF OMITTED] TR16DE10.009

Where:

1440 is defined in 5.2.1.1 and EP1, T1, and 12 are defined in 
5.2.1.2;
i is a variable that can equal 1, 2, or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
EP2<INF>i</INF> = energy expended in kilowatt-hours during the 
second part of the test for defrost cycle type i;
T2<INF>i</INF> = length of time in minutes of the second part of the 
test for defrost cycle type i;
CT<INF>i</INF> is the compressor run time between instances of 
defrost cycle type i, for long-time automatic defrost control equal 
to a fixed time in hours rounded to the nearest tenth of an hour, 
and for variable defrost control equal to (CT<INF>Li</INF> x 
CT<INF>Mi</INF>)/(F x (CT<INF>Mi</INF> - CT<INF>Li</INF>) + 
CT<INF>Li</INF>);

CT<INF>Li</INF> = least or shortest compressor run time between 
instances of defrost cycle type i in hours rounded to the nearest 
tenth of an hour (CT<INF>L</INF> for the defrost cycle type with the 
longest compressor run time between defrosts must be greater than or 
equal to 6 but less than or equal to 12 hours);
CT<INF>Mi</INF> = maximum compressor run time between instances of 
defrost cycle type i in hours rounded to the nearest tenth of an 
hour (greater than CT<INF>Li</INF> but not more than 96 hours);
For cases in which there are more than one fixed CT value (for long-
time defrost models) or more than one CT<INF>M</INF> and/or 
CT<INF>L</INF> value (for variable defrost models) for a given 
defrost cycle type, an average fixed CT value or average 
CT<INF>M</INF> and CT<INF>L</INF> values shall be selected for this 
cycle type so that 12 divided by this value or values is the 
frequency of occurrence of the defrost cycle type in a 24-hour 
period, assuming 50% compressor run time.
F = default defrost energy consumption factor, equal to 0.20.
For variable defrost models with no values for CT<INF>Li</INF> and 
CT<INF>Mi</INF> in the algorithm, the default values of 12 and 84 
shall be used, respectively.
D is the total number of distinct defrost cycle types.

    5.3 Volume Measurements. The electric refrigerator or electric 
refrigerator-freezer total refrigerated volume, VT, shall be measured 
in accordance with HRF-1-2008, (incorporated by reference; see Sec.  
430.3), section 3.30 and sections 4.2 through 4.3, and be calculated 
equivalent to:

VT = VF + VFF

Where:

VT = total refrigerated volume in cubic feet,
VF = freezer compartment volume in cubic feet, and
VFF = fresh food compartment volume in cubic feet.

    In the case of refrigerators or refrigerator-freezers with 
automatic icemakers, the volume occupied by the automatic icemaker, 
including its ice storage bin, is to be included in the volume 
measurement.

    5.4 Externally Vented Refrigerator or Refrigerator-Freezer Units. 
All test measurements for the externally vented refrigerator or 
refrigerator-freezer shall be made in accordance with the requirements 
of other sections of this Appendix, except as modified in this section 
or other sections expressly applicable to externally vented 
refrigerators or refrigerator-freezers.
    5.4.1 Operability of ``Thermostatic'' and ``Mixing of Air'' 
Controls. Before conducting energy consumption tests, the operability 
of thermostatic controls that permit the mixing of exterior and ambient 
air when exterior air temperatures are less than 60 [deg]F (15.6 
[deg]C) must be verified. The operability of such controls shall be 
verified by operating the unit under ambient air temperature of 90 
[deg]F (32.2 [deg]C) and exterior air temperature of 45 [deg]F (7.2 
[deg]C). If the inlet air entering the condenser or condenser/
compressor compartment is maintained at 60 <plus-minus> 3 [deg]F (15.6 
<plus-minus> 1.7 [deg]C), energy consumption of the unit shall be 
measured under 5.4.2.2 and 5.4.2.3. If the inlet air entering the 
condenser or condenser/compressor compartment is not maintained at 60 
<plus-minus> 3 [deg]F (15.6 <plus-minus> 1.7 [deg]C), energy 
consumption of the unit shall also be measured under 5.4.2.4.
    5.4.2 Energy Consumption Tests.
    5.4.2.1 Correction Factor Test. To enable calculation of a 
correction factor, K, two full cycle tests shall be conducted to 
measure energy consumption of the unit with air mixing controls 
disabled and the condenser inlet air temperatures set at 90 [deg]F 
(32.2 [deg]C) and 80 [deg]F (26.7 [deg]C). Both tests shall be 
conducted with all compartment temperature controls set at the position 
midway between their warmest and coldest settings and the anti-sweat 
heater switch off. Record the energy consumptions ec<INF>90</INF> and 
ec<INF>80</INF>, in kWh/day.
    5.4.2.2 Energy Consumption at 90 [deg]F. The unit shall be tested 
at 90 [deg]F (32.2 [deg]C) exterior air temperature to record the 
energy consumptions (e<INF>90</INF>)<INF>i</INF> in kWh/day. For a 
given setting of the anti-sweat heater, the value i corresponds to each 
of the two states of the compartment temperature control positions.
    5.4.2.3 Energy Consumption at 60 [deg]F. The unit shall be tested 
at 60 [deg]F (26.7 [deg]C) exterior air temperature to record the 
energy consumptions (e<INF>60</INF>)<INF>i</INF> in kWh/day. For a 
given setting of the anti-sweat heater, the value i corresponds to each 
of the two states of the compartment temperature control positions.
    5.4.2.4 Energy Consumption if Mixing Controls do not Operate 
Properly. If the operability of temperature and mixing controls has not 
been verified as required under 5.4.1, the unit shall be tested at 50 
[deg]F (10.0 [deg]C) and 30 [deg]F (-1.1 [deg]C) exterior air 
temperatures to record the energy consumptions 
(e<INF>50</INF>)<INF>i</INF> and (e<INF>30</INF>)<INF>i</INF>. For a 
given setting of the anti-sweat heater, the value i corresponds to each 
of the two states of the compartment temperature control positions.

6. Calculation of Derived Results From Test Measurements

    6.1 Adjusted Total Volume.
    6.1.1 Electric Refrigerators. The adjusted total volume, VA, for 
electric refrigerators under test shall be defined as:

VA = (VF x CR) + VFF

Where:

VA = adjusted total volume in cubic feet;
VF and VFF are defined in 5.3; and
CR = dimensionless adjustment factor of 1.47 for refrigerators other 
than all-refrigerators, or 1.0 for all-refrigerators.

    6.1.2 Electric Refrigerator-Freezers. The adjusted total volume, 
VA, for electric refrigerator-freezers under test shall be calculated 
as follows:

VA = (VF x CRF) + VFF

Where:

VF and VFF are defined in 5.3 and VA is defined in 6.1.1, and
CRF = dimensionless adjustment factor of 1.76.

    6.2 Average Per-Cycle Energy Consumption.
    6.2.1 All-Refrigerator Models. The average per-cycle energy 
consumption for a cycle type, E, is expressed in kilowatt-hours per 
cycle to the nearest one hundredth (0.01) kilowatt-hour and shall 
depend upon the temperature attainable in the fresh food compartment as 
shown below.
    6.2.1.1 If the fresh food compartment temperature is always below 
39.0 [deg]F (3.9 [deg]C), the average per-cycle energy consumption 
shall be equivalent to:

E = ET1

Where:

ET is defined in 5.2.1; and

[[Page 78859]]

The number 1 indicates the test period during which the highest 
fresh food compartment temperature is measured.

    6.2.1.2 If one of the fresh food compartment temperatures measured 
for a test period is greater than 39.0 [deg]F (3.9 [deg]C), the average 
per-cycle energy consumption shall be equivalent to:

E = ET1 + ((ET2 - ET1) x (39.0 - TR1)/(TR2 - TR1))

Where:

ET is defined in 5.2.1;
TR = fresh food compartment temperature determined according to 
5.1.3 in degrees F;
The numbers 1 and 2 indicate measurements taken during the first and 
second test period as appropriate; and
39.0 = standardized fresh food compartment temperature in degrees F.

    6.2.2 Refrigerators and Refrigerator-Freezers. The average per-
cycle energy consumption for a cycle type, E, is expressed in kilowatt-
hours per-cycle to the nearest one hundredth (0.01) kilowatt-hour and 
shall be defined in one of the following ways as applicable.
    6.2.2.1 If the fresh food compartment temperature is at or below 39 
[deg]F (3.9 [deg]C) in both tests and the freezer compartment 
temperature is at or below 15 [deg]F (-9.4 [deg]C) in both tests of a 
refrigerator or at or below 0 [deg]F (-17.8 [deg]C) in both tests of a 
refrigerator-freezer, the per-cycle energy consumption shall be:

E = ET1 + IET

Where:

ET is defined in 5.2.1;
IET, expressed in kilowatt-hours per cycle, equals 0.23 for a 
product with an automatic icemaker and otherwise equals 0 (zero); 
and
The number 1 indicates the test period during which the highest 
freezer compartment temperature was measured.

    6.2.2.2 If the conditions of 6.2.2.1 do not exist, the per-cycle 
energy consumption shall be defined by the higher of the two values 
calculated by the following two formulas:

E = ET1 + ((ET2 - ET1) x (39.0 - TR1)/(TR2 - TR1)) + IET

and

E = ET1 + ((ET2 - ET1) x (k - TF1)/(TF2 - TF1)) + IET

Where:

E is defined in 6.2.1.1;
ET is defined in 5.2.1;
IET is defined in 6.2.2.1;
TR and the numbers 1 and 2 are defined in 6.2.1.2;
TF = freezer compartment temperature determined according to 5.1.4 
in degrees F;
39.0 is a specified fresh food compartment temperature in degrees F; 
and
k is a constant 15.0 for refrigerators or 0.0 for refrigerator-
freezers, each being standardized freezer compartment temperatures 
in degrees F.

    6.2.3 Variable Anti-Sweat Heater Models. The standard cycle energy 
consumption of an electric refrigerator-freezer with a variable anti-
sweat heater control (E<INF>std</INF>), expressed in kilowatt-hours per 
day, shall be calculated equivalent to:

E<INF>std</INF> = E + (Correction Factor) where E is determined by 
6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2, whichever is appropriate, with 
the anti-sweat heater switch in the ``off'' position or, for a product 
without an anti-sweat heater switch, the anti-sweat heater in its 
lowest energy use state.
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hrs/1 day) x (1 kW/1000 W)

Where:

Anti-sweat Heater Power = 0.034 * (Heater Watts at 5%RH)
+ 0.211 * (Heater Watts at 15%RH)
+ 0.204 * (Heater Watts at 25%RH)
+ 0.166 * (Heater Watts at 35%RH)
+ 0.126 * (Heater Watts at 45%RH)
+ 0.119 * (Heater Watts at 55%RH)
+ 0.069 * (Heater Watts at 65%RH)
+ 0.047 * (Heater Watts at 75%RH)
+ 0.008 * (Heater Watts at 85%RH)
+ 0.015 * (Heater Watts at 95%RH)
Heater Watts at a specific relative humidity = the nominal watts 
used by all heaters at that specific relative humidity, 72 [deg]F 
(22.2 [deg]C) ambient, and DOE reference temperatures of fresh food 
(FF) average temperature of 39 [deg]F (3.9 [deg]C) and freezer (FZ) 
average temperature of 0 [deg]F (-17.8 [deg]C).
System-loss Factor = 1.3.

    6.3 Externally vented refrigerator or refrigerator-freezers. Per-
cycle energy consumption measurements for an externally vented 
refrigerator or refrigerator-freezer shall be calculated in accordance 
with the requirements of this Appendix, as modified in sections 6.3.1-
6.3.7.
    6.3.1 Correction Factor. The correction factor, K, shall be 
calculated as:

K = ec<INF>90</INF>/ec<INF>80</INF>

Where:

ec<INF>90</INF> and ec<INF>80</INF> are measured in section 5.4.2.1.

    6.3.2 Combining Test Results of Different Settings of Compartment 
Temperature Controls. For a given setting of the anti-sweat heater, 
follow the calculation procedures of 6.2 to combine the test results 
for energy consumption of the unit at different temperature control 
settings for each condenser inlet air temperature tested under 5.4.2.2, 
5.4.2.3, and 5.4.2.4, where applicable, (e<INF>90</INF>)<INF>i</INF>, 
(e<INF>60</INF>)<INF>i</INF>, (e<INF>50</INF>)<INF>i</INF>, and 
(e<INF>30</INF>)<INF>i</INF>. The combined values, 
[b.egr]<INF>90</INF>, [b.egr]<INF>60</INF>, [b.egr]<INF>50</INF>, and 
[b.egr]<INF>30</INF>, where applicable, are expressed in kWh/day.
    6.3.3 Energy Consumption Corrections. For a given setting of the 
anti-sweat heater, adjust the energy consumptions [b.egr]<INF>90</INF>, 
[b.egr]<INF>60</INF>, [b.egr]<INF>50</INF>, and [b.egr]<INF>30</INF> 
calculated in 6.3.2 by multiplying the correction factor K to obtain 
the corrected energy consumptions per day in kWh/day:

E<INF>90</INF> = K x [b.egr]<INF>90,</INF>
E<INF>60</INF> = K x [b.egr]<INF>60,</INF>
E<INF>50</INF> = K x [b.egr]<INF>50</INF>, and
E<INF>30</INF> = K x [b.egr]<INF>30</INF>

Where:

K is determined under section 6.3.1; and [b.egr]<INF>90</INF>, 
[b.egr]<INF>60</INF>, [b.egr]<INF>50</INF>, and [b.egr]<INF>30</INF> 
are determined under section 6.3.2.

    6.3.4 Energy Profile Equation. For a given setting of the anti-
sweat heater, calculate the energy consumption E<INF>X</INF>, in kWh/
day, at a specific exterior air temperature between 80 [deg]F (26.7 
[deg]C) and 60 [deg]F (26.7 [deg]C) using the following equation:

E<INF>X</INF> = E<INF>60</INF> + (E<INF>90</INF> - E<INF>60</INF>) x 
(T<INF>X</INF> - 60)/30

Where:

T<INF>X</INF> is the exterior air temperature in [deg]F;
60 is the exterior air temperature in [deg]F for the test of section 
5.4.2.3;
30 is the difference between 90 and 60;
E<INF>60</INF> and E<INF>90</INF> are determined in section 6.3.3.

    6.3.5 Energy Consumption at 80 [deg]F (26.7 [deg]C), 75 [deg]F 
(23.9 [deg]C) and 65 [deg]F (18.3 [deg]C). For a given setting of the 
anti-sweat heater, calculate the energy consumptions at 80 [deg]F (26.7 
[deg]C), 75 [deg]F (23.9 [deg]C) and 65 [deg]F (18.3 [deg]C) exterior 
air temperatures, E<INF>80</INF>, E<INF>75</INF> and E<INF>65</INF>, 
respectively, in kWh/day, using the equation in 6.3.4.
    6.3.6 National Average Per-Cycle Energy Consumption. For a given 
setting of the anti-sweat heater, calculate the national average energy 
consumption, E<INF>N</INF>, in kWh/day, using one of the following 
equations:

E<INF>N</INF> = 0.523 x E<INF>60</INF> + 0.165 x E<INF>65</INF> + 0.181 
x E<INF>75</INF> + 0.131 x E<INF>80</INF>, for units not tested under 
section 5.4.2.4; and
E<INF>N</INF> = 0.257 x E<INF>30</INF> + 0.266 x E<INF>50</INF> + 0.165 
x E<INF>65</INF> + 0.181 x E<INF>75</INF> + 0.131 x E<INF>80</INF>, for 
units tested under section 5.4.2.4

Where:

E<INF>30</INF>, E<INF>50</INF>, and E<INF>60</INF> are defined in 
6.3.3;
E<INF>65</INF>, E<INF>75</INF>, and E<INF>80</INF> are defined in 
6.3.5;
and
the coefficients 0.523, 0.165, 0.181, 0.131, 0.257 and 0.266 are 
weather-associated weighting factors.

    6.3.7 Regional Average Per-Cycle Energy Consumption. If regional 
average per-cycle energy consumption is required to be calculated for a 
given

[[Page 78860]]

setting of the anti-sweat heater, calculate the regional average per-
cycle energy consumption, E<INF>R</INF>, in kWh/day, for the regions in 
Figure 3. Use one of the following equations and the coefficients in 
Table A:
E<INF>R</INF> = a<INF>1</INF> x E<INF>60</INF> + c x E<INF>65</INF> + d 
x E<INF>75</INF> + e x E<INF>80</INF>, for a unit that is not required 
to be tested under section 5.4.2.4; or
E<INF>R</INF> = a x E<INF>30</INF> + b x E<INF>50</INF> + c x 
E<INF>65</INF> + d x E<INF>75</INF> + e x E<INF>80</INF>, for a unit 
tested under section 5.4.2.4

Where:

E<INF>30</INF>, E<INF>50</INF>, and E<INF>60</INF> are defined in 
section 6.3.3;
E<INF>65</INF>, E<INF>75</INF>, and E<INF>80</INF> are defined in 
section 6.3.5; and
a<INF>1</INF>, a, b, c, d, and e are weather-associated weighting 
factors for the regions, as specified in Table A.

               Table A--Coefficients for Calculating Regional Average per-Cycle Energy Consumption
                                               [Weighting factors]
----------------------------------------------------------------------------------------------------------------
                 Regions                      a1           a           b           c           d           e
----------------------------------------------------------------------------------------------------------------
I.......................................       0.282       0.039       0.244       0.194       0.326       0.198
II......................................       0.486       0.194       0.293       0.191       0.193       0.129
III.....................................       0.584       0.302       0.282       0.178       0.159       0.079
IV......................................       0.664       0.420       0.244       0.161       0.121       0.055
----------------------------------------------------------------------------------------------------------------

                                                                                                      [GRAPHIC] [TIFF OMITTED] TR16DE10.010
                                                                                                      
7. Test Procedure Waivers

    To the extent that the procedures contained in this appendix do not 
provide a means for determining the energy consumption of a 
refrigerator or refrigerator-freezer, a manufacturer must obtain a 
waiver under 10 CFR 430.27 to establish an acceptable test procedure 
for each such product. Such instances could, for example, include 
situations where the test set-up for a particular refrigerator or 
refrigerator-freezer basic model is not clearly defined by the 
provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.


0
6. Appendix A1 to subpart B of part 430 is amended by:
0
a. Adding an introductory note after the appendix heading;
0
b. Revising section 1. Definitions;
0
c. Revising section 2. Test Conditions;
0
d. In section 3. Test Control Settings, by:
0
1. Revising sections 3.2 and 3.2.1 through 3.2.3;
0
2. Adding new section 3.2.4;
0
3. Removing section 3.3;
0
e. Revising section 4. Test Period;
0
f. In section 5. Test Measurements, by:
0
1. Revising sections 5.1, 5.1.2, 5.1.2.1, 5.1.2.2, 5.1.2.3, 5.2.1, 
5.2.1.1, 5.2.1.2, and 5.2.1.3;

[[Page 78861]]

0
2. Adding new sections 5.1.3 and 5.1.4;
0
2. Removing section 5.2.1.4;
0
3. Redesignating section 5.2.1.5 as 5.2.1.4 and revising redesignated 
5.2.1.4;
0
g. In section 6. Calculation of Derived Results from Test Measurements, 
by:
0
1. Revising sections 6.2.1.2 and 6.2.2.2;
0
2. Adding new section 6.2.3;
0
3. Revise the Figure at the end of section 6;
0
h. Adding a new section 7. Test Procedure Waivers.
    The additions and revisions read as follows:

Appendix A1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Electric Refrigerators and Electric 
Refrigerator-Freezers

    The provisions of Appendix A1 shall apply to all products 
manufactured prior to the effective date of any amended standards 
promulgated by DOE pursuant to Section 325(b)(4) of the Energy Policy 
and Conservation Act of 1975, as amended by the Energy Independence and 
Security Act of 2007 (to be codified at 42 U.S.C. 6295(b)(4)).

1. Definitions

    Section 3, Definitions, of HRF-1-1979 (incorporated by reference; 
see Sec.  430.3) applies to this test procedure.
    1.1 ``Adjusted total volume'' means the sum of (i) the fresh food 
compartment volume as defined in HRF-1-1979 in cubic feet, and (ii) the 
product of an adjustment factor and the net freezer compartment volume 
as defined in HRF-1-1979, in cubic feet.
    1.2 ``All-refrigerator'' means an electric refrigerator which does 
not include a compartment for the freezing and long time storage of 
food at temperatures below 32 [deg]F (0.0 [deg]C). It may include a 
compartment of 0.50 cubic feet capacity (14.2 liters) or less for the 
freezing and storage of ice.
    1.3 ``Anti-sweat heater'' means a device incorporated into the 
design of a refrigerator or refrigerator-freezer to prevent the 
accumulation of moisture on exterior or interior surfaces of the 
cabinet.
    1.4 ``Anti-sweat heater switch'' means a user-controllable switch 
or user interface which modifies the activation or control of anti-
sweat heaters.
    1.5 ``Automatic defrost'' means a system in which the defrost cycle 
is automatically initiated and terminated, with resumption of normal 
refrigeration at the conclusion of the defrost operation. The system 
automatically prevents the permanent formation of frost on all 
refrigerated surfaces. Nominal refrigerated food temperatures are 
maintained during the operation of the automatic defrost system.
    1.6 ``Automatic icemaker'' means a device that can be supplied with 
water without user intervention, either from a pressurized water supply 
system or by transfer from a water reservoir located inside the 
cabinet, that automatically produces, harvests, and stores ice in a 
storage bin, with means to automatically interrupt the harvesting 
operation when the ice storage bin is filled to a pre-determined level.
    1.7 ``Cycle'' means the period of 24 hours for which the energy use 
of an electric refrigerator or electric refrigerator-freezer is 
calculated as though the consumer activated compartment temperature 
controls were set to maintain the standardized temperatures (see 
section 3.2).
    1.8 ``Cycle type'' means the set of test conditions having the 
calculated effect of operating an electric refrigerator or electric 
refrigerator-freezer for a period of 24 hours, with the consumer 
activated controls other than those that control compartment 
temperatures set to establish various operating characteristics.
    1.9 ``Defrost cycle type'' means a distinct sequence of control 
whose function is to remove frost and/or ice from a refrigerated 
surface. There may be variations in the defrost control sequence such 
as the number of defrost heaters energized. Each such variation 
establishes a separate distinct defrost cycle type. However, defrost 
achieved regularly during the compressor off-cycles by warming of the 
evaporator without active heat addition is not a defrost cycle type.
    1.10 ``Externally vented refrigerator or refrigerator-freezer'' 
means an electric refrigerator or electric refrigerator-freezer that 
has an enclosed condenser or an enclosed condenser/compressor 
compartment and a set of air ducts for transferring the exterior air 
from outside the building envelope into, through, and out of the 
refrigerator or refrigerator-freezer cabinet; is capable of mixing 
exterior air with the room air before discharging into, through, and 
out of the condenser or condenser/compressor compartment; may include 
thermostatically controlled dampers or controls that mix the exterior 
and room air at low outdoor temperatures and exclude exterior air when 
the outdoor air temperature is above 80 [deg]F (26.7 [deg]C) or the 
room air temperature; and may have a thermostatically actuated exterior 
air fan.
    1.11 ``HRF-1-1979'' means the Association of Home Appliance 
Manufacturers standard for household refrigerators, combination 
refrigerator-freezers, and household freezers, also approved as an 
American National Standard as a revision of ANSI B 38.1-1970. Only 
sections of HRF-1-1979 (incorporated by reference; see Sec.  430.3) 
specifically referenced in this test procedure are part of this test 
procedure. In cases where there is a conflict, the language of the test 
procedure in this appendix takes precedence over HRF-1-1979.
    1.12 ``Long-time Automatic Defrost'' means an automatic defrost 
system where successive defrost cycles are separated by 14 hours or 
more of compressor-operating time.
    1.13 ``Separate auxiliary compartment'' means a freezer compartment 
or a fresh food compartment of a refrigerator or refrigerator-freezer 
having more than two compartments that is not the first freezer 
compartment or the first fresh food compartment. Access to a separate 
auxiliary compartment is through a separate exterior door or doors 
rather than through the door or doors of another compartment. Separate 
auxiliary compartments may be convertible (e.g., from fresh food to 
freezer). Separate auxiliary freezer compartments may not be larger 
than the first freezer compartment and separate auxiliary fresh food 
compartments may not be larger than the first fresh food compartment, 
but such size restrictions do not apply to separate auxiliary 
convertible compartments.
    1.14 ``Special compartment'' means any compartment other than a 
butter conditioner, without doors directly accessible from the 
exterior, and with separate temperature control (such as crispers 
convertible to meat keepers) that is not convertible from fresh food 
temperature range to freezer temperature range.
    1.15 ``Stabilization Period'' means the total period of time during 
which steady-state conditions are being attained or evaluated.
    1.16 ``Standard cycle'' means the cycle type in which the anti-
sweat heater control, when provided, is set in the highest energy 
consuming position.
    1.17 ``Variable anti-sweat heater control'' means an anti-sweat 
heater control that varies the average power input of the anti-sweat 
heater(s) based on operating condition variable(s) and/or ambient 
condition variable(s).
    1.18 ``Variable defrost control'' means an automatic defrost system 
in which successive defrost cycles are determined by an operating 
condition variable or variables other than solely

[[Page 78862]]

compressor operating time. This includes any electrical or mechanical 
device performing this function. A control scheme that changes the 
defrost interval from a fixed length to an extended length (without any 
intermediate steps) is not considered a variable defrost control. A 
variable defrost control feature should predict the accumulation of 
frost on the evaporator and react accordingly. Therefore, the times 
between defrost should vary with different usage patterns and include a 
continuum of lengths of time between defrosts as inputs vary.

2. Test Conditions

    2.1 Ambient Temperature. The ambient temperature shall be 90.0 
<plus-minus> 1 [deg]F (32.2 <plus-minus> 0.6 [deg]C) during the 
stabilization period and the test period.
    2.2 Operational Conditions. The electric refrigerator or electric 
refrigerator-freezer shall be installed and its operating conditions 
maintained in accordance with HRF-1-1979, (incorporated by reference; 
see Sec.  430.3), section 7.2 through section 7.4.3.3, except that the 
vertical ambient temperature gradient at locations 10 inches (25.4 cm) 
out from the centers of the two sides of the unit being tested is to be 
maintained during the test. Unless the area is obstructed by shields or 
baffles, the gradient is to be maintained from 2 inches (5.1 cm) above 
the floor or supporting platform to a height 1 foot (30.5 cm) above the 
unit under test. Defrost controls are to be operative. Other exceptions 
and provisions to the cited sections of HRF-1-1979 are noted in 
sections 2.3 through 2.8, and 5.1 of this appendix.
    2.3 Anti-Sweat Heaters.
    The anti-sweat heater switch is to be on during one test and off 
during a second test. In the case of an electric refrigerator-freezer 
with variable anti-sweat heater control, the standard cycle energy use 
shall be the result of the calculation described in 6.2.3.
    2.4 Conditions for Automatic Defrost Refrigerator-Freezers. For 
automatic defrost refrigerator-freezers, the freezer compartments shall 
not be loaded with any frozen food packages during testing. Cylindrical 
metallic masses of dimensions 1.12 <plus-minus> 0.25 inches (2.9 <plus-
minus> 0.6 cm) in diameter and height shall be attached in good thermal 
contact with each temperature sensor within the refrigerated 
compartments. All temperature measuring sensor masses shall be 
supported by low-thermal-conductivity supports in such a manner to 
ensure that there will be at least 1 inch (2.5 cm) of air space 
separating the thermal mass from contact with any interior surface or 
hardware inside the cabinet. In case of interference with hardware at 
the sensor locations specified in section 5.1, the sensors shall be 
placed at the nearest adjacent location such that there will be a 1-
inch air space separating the sensor mass from the hardware.
    2.5 Conditions for all-refrigerators. There shall be no load in the 
freezer compartment during the test.
    2.6 The cabinet and its refrigerating mechanism shall be assembled 
and set up in accordance with the printed consumer instructions 
supplied with the cabinet. Set-up of the refrigerator or refrigerator-
freezer shall not deviate from these instructions, unless explicitly 
required or allowed by this test procedure. Specific required or 
allowed deviations from such set-up include the following:
    (a) Connection of water lines and installation of water filters are 
not required;
    (b) Clearance requirements from surfaces of the product shall be as 
described in section 2.8 below;
    (c) The electric power supply shall be as described in HRF-1-1979 
(incorporated by reference; see Sec.  430.3) section 7.4.1;
    (d) Temperature control settings for testing shall be as described 
in section 3 below. Settings for convertible compartments and other 
temperature-controllable or special compartments shall be as described 
in section 2.7 of this appendix;
    (e) The product does not need to be anchored or otherwise secured 
to prevent tipping during energy testing; and
    (f) All the product's chutes and throats required for the delivery 
of ice shall be free of packing, covers, or other blockages that may be 
fitted for shipping or when the icemaker is not in use.

For cases in which set-up is not clearly defined by this test 
procedure, manufacturers must submit a petition for a waiver (see 
section 7).

    2.7 Compartments that are convertible (e.g., from fresh food to 
freezer) shall be operated in the highest energy use position. For the 
special case of convertible separate auxiliary compartments, this means 
that the compartment shall be treated as a freezer compartment or a 
fresh food compartment, depending on which of these represents higher 
energy use. Special compartments shall be tested with controls set to 
provide the coldest temperature. This requirement for the coldest 
temperature does not apply to features or functions associated with 
temperature control (such as fast chill compartments) that are 
initiated manually and terminated automatically within 168 hours.
    2.8 The space between the back of the cabinet and a vertical 
surface (the test room wall or simulated wall) shall be the minimum 
distance in accordance with the manufacturer's instructions.
    2.9 Steady State Condition. Steady state conditions exist if the 
temperature measurements in all measured compartments taken at four 
minute intervals or less during a stabilization period are not changing 
at a rate greater than 0.042 [deg]F. (0.023 [deg]C.) per hour as 
determined by the applicable condition of A or B.
    A. The average of the measurements during a two hour period if no 
cycling occurs or during a number of complete repetitive compressor 
cycles through a period of no less than two hours is compared to the 
average over an equivalent time period with three hours elapsed between 
the two measurement periods.
    B. If A above cannot be used, the average of the measurements 
during a number of complete repetitive compressor cycles through a 
period of no less than two hours and including the last complete cycle 
prior to a defrost period, or if no cycling occurs, the average of the 
measurements during the last two hours prior to a defrost period; are 
compared to the same averaging period prior to the following defrost 
period.
    2.10 Exterior air for externally vented refrigerator or 
refrigerator-freezer. An exterior air source shall be provided with 
adjustable temperature and pressure capabilities. The exterior air 
temperature shall be adjustable from 35 <plus-minus> 1 [deg]F (1.7 
<plus-minus> 0.6 [deg]C) to 90 <plus-minus> 1 [deg]F (32.2 <plus-minus> 
0.6 [deg]C).
    2.10.1 Air duct. The exterior air shall pass from the exterior air 
source to the test unit through an insulated air duct.
    2.10.2 Air temperature measurement. The air temperature entering 
the condenser or condenser/compressor compartment shall be maintained 
to <plus-minus> 3 [deg]F (1.7 [deg]C) during the stabilization and test 
periods and shall be measured at the inlet point of the condenser or 
condenser/compressor compartment (``condenser inlet''). Temperature 
measurements shall be taken from at least three temperature sensors or 
one sensor per 4 square inches of the air duct cross sectional area, 
whichever is greater, and shall be averaged. For a unit that has a 
condenser air fan, a minimum of three temperature sensors at the 
condenser fan discharge shall be required. Temperature sensors shall be 
arranged

[[Page 78863]]

to be at the centers of equally divided cross sectional areas. The 
exterior air temperature, at its source, shall be measured and 
maintained to <plus-minus> 1 [deg]F (0.6 [deg]C) during the test 
period. The temperature measuring devices shall have an error not 
greater than <plus-minus> 0.5 [deg]F (<plus-minus> 0.3 [deg]C). 
Measurements of the air temperature during the test period shall be 
taken at regular intervals not to exceed four minutes.
    2.10.3 Exterior air static pressure. The exterior air static 
pressure at the inlet point of the unit shall be adjusted to maintain a 
negative pressure of 0.20<gr-thn-eq> <plus-minus> 0.05<gr-thn-eq> water 
column (62 Pa <plus-minus> 12.5 Pa) for all air flow rates supplied to 
the unit. The pressure sensor shall be located on a straight duct with 
a distance of at least 7.5 times the diameter of the duct upstream and 
a distance of at least 3 times the diameter of the duct downstream. 
There shall be four static pressure taps at 90[deg]angles apart. The 
four pressures shall be averaged by interconnecting the four pressure 
taps. The air pressure measuring instrument shall have an error not 
greater than 0.01<gr-thn-eq> water column (2.5 Pa).

3. Test Control Settings

* * * * *
    3.2 Model with User Operable Temperature Control. Testing shall be 
performed in accordance with one of the following sections using the 
standardized temperatures of:
    All-Refrigerator: 38 [deg]F (3.3 [deg]C) fresh food compartment 
temperature;
    Refrigerator: 15 [deg]F (-9.4 [deg]C) freezer compartment 
temperature, 45 [deg]F (7.2 [deg]C) fresh food compartment temperature;
    Refrigerator-Freezer: 5 [deg]F (-15 [deg]C) freezer compartment 
temperature, 45 [deg]F (7.2 [deg]C) fresh food compartment temperature.

For the purposes of comparing compartment temperatures with 
standardized temperatures, as described in sections 3.2.1 through 
3.2.3, the freezer compartment temperature shall be as specified in 
section 5.1.4, and the fresh food compartment temperature shall be as 
specified in section 5.1.3.
    3.2.1 A first test shall be performed with all compartment 
temperature controls set at their median position midway between their 
warmest and coldest settings. For mechanical control systems, knob 
detents shall be mechanically defeated if necessary to attain a median 
setting. For electronic control systems, the test shall be performed 
with all compartment temperature controls set at the average of the 
coldest and warmest settings--if there is no setting equal to this 
average, the setting closest to the average shall be used. If there are 
two such settings equally close to the average, the higher of these 
temperature control settings shall be used. A second test shall be 
performed with all controls set at their warmest setting or all 
controls set at their coldest setting (not electrically or mechanically 
bypassed). For all-refrigerators, this setting shall be the appropriate 
setting that attempts to achieve compartment temperatures measured 
during the two tests which bound (i.e., one is above and one is below) 
the standardized temperature for all-refrigerators. For refrigerators 
and refrigerator-freezers, the second test shall be conducted with all 
controls at their coldest setting, unless all compartment temperatures 
measured during the first part of the test are lower than the 
standardized temperatures, in which case the second test shall be 
conducted with all controls at their warmest setting. If (a) the 
measured temperature of any compartment with all controls set at their 
coldest settings is above its standardized temperature, a third test 
shall be performed with all controls set at their warmest settings and 
the result of this test shall be used with the result of the test 
performed with all controls set at their coldest settings to determine 
energy consumption. If (b) the measured temperatures of all 
compartments with all controls set at their warmest settings are below 
their standardized temperatures then the result of this test alone will 
be used to determine energy consumption. If neither (a) nor (b) occur, 
then the results of the first two tests shall be used to determine 
energy consumption.
    3.2.2 Alternatively, a first test may be performed with all 
temperature controls set at their warmest setting. If the measured 
temperatures of all compartments for this test are below their 
standardized temperatures then the result of this test alone will be 
used to determine energy consumption. If this condition is not met, 
then the unit shall be tested in accordance with 3.2.1 of this 
appendix.
    3.2.3 Alternatively, a first test may be performed with all 
temperature controls set at their coldest setting. If the measured 
temperature of any compartment for this test is above its standardized 
temperature, a second test shall be performed with all controls set at 
their warmest settings and the result of this test shall be used with 
the result of the test performed with all controls set at their coldest 
settings to determine energy consumption. If this condition is not met, 
then the unit shall be tested in accordance with 3.2.1 of this 
appendix.
    3.2.4 Temperature Settings for Separate Auxiliary Convertible 
Compartments. For separate auxiliary convertible compartments tested as 
freezer compartments, the median setting shall be within 2 [deg]F (1.1 
[deg]C) of the standardized temperature, and the warmest setting shall 
be above 10 [deg]F (-12.2 [deg]C). For separate auxiliary convertible 
compartments tested as fresh food compartments, the median setting 
shall be within 2 [deg]F (1.1 [deg]C) of the standardized temperature, 
and the coldest setting shall be below 40 [deg]F (4.4 [deg]C). For 
compartments where control settings are not expressed as particular 
temperatures, the measured temperature of the convertible compartment 
rather than the settings shall meet the specified criteria.
* * * * *

4. Test Period

    Tests shall be performed by establishing the conditions set forth 
in section 2, and using the control settings set forth in section 3.
    4.1 Nonautomatic Defrost. If the model being tested has no 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be no less than 3 hours 
in duration. During the test period, the compressor motor shall 
complete two or more whole compressor cycles. (A compressor cycle is a 
complete ``on'' and a complete ``off'' period of the motor). If no 
``off'' cycling will occur, as determined during the stabilization 
period, the test period shall be 3 hours. If incomplete cycling occurs 
(i.e. less than two compressor cycles during a 24-hour period), the 
results of the 24-hour period shall be used.
    4.2 Automatic Defrost. If the model being tested has an automatic 
defrost system, the test time period shall start after steady-state 
conditions have been achieved and be from one point during a defrost 
period to the same point during the next defrost period. If the model 
being tested has a long-time automatic defrost system, the alternative 
provisions of 4.2.1 may be used. If the model being tested has a 
variable defrost control, the provisions of section 4.2.2 shall apply. 
If the model has a dual compressor system with automatic defrost for 
both systems, the provisions of 4.2.3 shall apply.
    4.2.1 Long-time Automatic Defrost. If the model being tested has a 
long-time automatic defrost system, the test time period may consist of 
two parts. The first part would be the same as the test for a unit 
having no defrost provisions (section 4.1). The second part would start 
when a defrost cycle is initiated when the compressor ``on'' cycle is 
terminated prior to start of the defrost heater and terminates at the 
second turn

[[Page 78864]]

``on'' of the compressor or 4 hours from the initiation of the defrost 
heater, whichever comes first. See diagram in Figure 1 to this section.
[GRAPHIC] [TIFF OMITTED] TR16DE10.011

    4.2.2 Variable Defrost Control. If the model being tested has a 
variable defrost control system, the test shall consist of the same two 
parts as the test for long-time automatic defrost (section 4.2.1).
    4.2.3 Dual Compressor Systems with Automatic Defrost. If the model 
being tested has separate compressor systems for the refrigerator and 
freezer sections, each with its own automatic defrost system, then the 
two-part method in 4.2.1 shall be used. The second part of the method 
will be conducted separately for each automatic defrost system. The 
components (compressor, fan motors, defrost heaters, anti-sweat 
heaters, etc.) associated with each system will be identified and their 
energy consumption will be separately measured during each test.

5. Test Measurements

    5.1 Temperature Measurements. Temperature measurements shall be 
made at the locations prescribed in Figures 7.1 and 7.2 of HRF-1-1979 
(incorporated by reference; see Sec.  430.3) and shall be accurate to 
within <plus-minus> 0.5 [deg]F (0.3 [deg]C). No freezer temperature 
measurements need be taken in an all-refrigerator model.
    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 7.1 and 7.2 of HRF-1-1979, the product may be 
tested by relocating the temperature sensors from the locations 
specified in the figures to avoid interference with hardware or 
components within the cabinet, in which case the specific locations 
used for the temperature sensors shall be noted in the test data 
records maintained by the manufacturer, and the certification report 
shall indicate that non-standard sensor locations were used.
* * * * *
    5.1.2 Compartment Temperature. The compartment temperature for each 
test period shall be an average of the measured temperatures taken in a 
compartment during one or more complete compressor cycles. One 
compressor cycle is one complete motor ``on'' and one complete motor 
``off'' period. For long-time automatic defrost models, compartment 
temperatures shall be those measured in the first part of the test 
period specified in section 4.2.1. For models with variable defrost 
controls, compartment temperatures shall be those measured in the first 
part of the test period specified in section 4.2.2.
    5.1.2.1 The number of complete compressor cycles over which the 
measured temperatures in a compartment are to be averaged to determine 
compartment temperature shall be equal to the number of minutes between 
measured temperature readings, rounded up to the next whole minute or a 
number of complete compressor cycles over a time period exceeding 1 
hour, whichever is greater. One of the compressor cycles shall be the 
last complete compressor cycle during the test period.
    5.1.2.2 If no compressor cycling occurs, the compartment 
temperature shall be the average of the measured temperatures taken 
during the last 32 minutes of the test period.
    5.1.2.3 If incomplete compressor cycling occurs, the compartment 
temperatures shall be the average of the measured temperatures taken 
during the

[[Page 78865]]

last three hours of the last complete compressor ``on'' period.
    5.1.3 Fresh Food Compartment Temperature. The fresh food 
compartment temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR16DE10.012

Where:

R is the total number of applicable fresh food compartments, which 
include the first fresh food compartment and any number of separate 
auxiliary fresh food compartments (including separate auxiliary 
convertible compartments tested as fresh food compartments in 
accordance with section 2.7);
TR<INF>i</INF> is the compartment temperature of fresh food compartment 
``i'' determined in accordance with section 5.1.2; and
VR<INF>i</INF> is the volume of fresh food compartment ``i''.

    5.1.4 Freezer Compartment Temperature. The freezer compartment 
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR16DE10.013

Where:

F is the total number of applicable freezer compartments, which 
include the first freezer compartment and any number of separate 
auxiliary freezer compartments (including separate auxiliary 
convertible compartments tested as freezer compartments in 
accordance with section 2.7);
TF<INF>i</INF> is the compartment temperature of freezer compartment 
``i'' determined in accordance with section 5.1.2; and
VF<INF>i</INF> is the volume of freezer compartment ``i''.
* * * * *
    5.2.1 Per-day Energy Consumption. The energy consumption in 
kilowatt-hours per day for each test period shall be the energy 
expended during the test period as specified in section 4 adjusted to a 
24-hour period. The adjustment shall be determined as follows:
    5.2.1.1 Nonautomatic and Automatic Defrost Models. The energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:

ET = EP x 1440/T

Where:

ET = test cycle energy expended in kilowatt-hours per day;
EP = energy expended in kilowatt-hours during the test period;
T = length of time of the test period in minutes; and
1440 = conversion factor to adjust to a 24-hour period in minutes 
per day.

    5.2.1.2 Long-time Automatic Defrost. If the two-part test method is 
used, the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:

ET = (1440 x EP1/T1) + (EP2 - (EP1 x T2/T1)) x (12/CT)

Where:

ET and 1440 are defined in 5.2.1.1;
EP1 = energy expended in kilowatt-hours during the first part of the 
test;
EP2 = energy expended in kilowatt-hours during the second part of 
the test;
T1 and T2 = length of time in minutes of the first and second test 
parts respectively;
CT = defrost timer run time or compressor run time between defrosts 
in hours required to cause it to go through a complete cycle, 
rounded to the nearest tenth of an hour; and
12 = factor to adjust for a 50-percent run time of the compressor in 
hours per day.
    5.2.1.3 Variable Defrost Control. The energy consumption in 
kilowatt-hours per day shall be calculated equivalent to:

ET = (1440 x EP1/T1) + (EP2 - (EP1 x T2/T1)) x (12/CT),

Where:

1440 is defined in 5.2.1.1 and EP1, EP2, T1, T2, and 12 are defined 
in 5.2.1.2;
CT = (CT<INF>L</INF> x CT<INF>M</INF>)/(F x (CT<INF>M</INF> - 
CT<INF>L</INF>) + CT<INF>L</INF>);
CT<INF>L</INF> = least or shortest compressor run time between 
defrosts in hours rounded to the nearest tenth of an hour (greater 
than or equal to 6 but less than or equal to 12 hours);
CT<INF>M</INF> = maximum compressor run time between defrosts in 
hours rounded to the nearest tenth of an hour (greater than 
CT<INF>L</INF> but not more than 96 hours);
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per-day energy consumption and 
is equal to 0.20;
For variable defrost models with no values for CT<INF>L</INF> and 
CT<INF>M</INF> in the algorithm, the default values of 12 and 84 
shall be used, respectively.

    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.1.2.4 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:

ET = (1440 x EP1/T1) + (EP2<INF>F</INF> - (EP<INF>F</INF> x T2/T1)) x 
(12/CT<INF>F</INF>) + (EP2<INF>R</INF> - (EP<INF>R</INF> x T3/T1)) x 
(12/CT<INF>R</INF>)

Where:

1440, EP1, T1, EP2, 12, and CT are defined in 5.2.1.2;
EP<INF>F</INF> = freezer system energy in kilowatt-hours expended 
during the first part of the test;
EP2<INF>F</INF> = freezer system energy in kilowatt-hours expended 
during the second part of the test for the freezer system;
EP<INF>R</INF>= refrigerator system energy in kilowatt-hours 
expended during the first part of the test;
EP2<INF>R</INF> = refrigerator system energy in kilowatt-hours 
expended during the second part of the test for the refrigerator 
system;
T2 and T3 = length of time in minutes of the second test part for 
the freezer and refrigerator systems respectively;
CT<INF>F</INF> = compressor run time between freezer defrosts (in 
hours rounded to the nearest tenth of an hour); and
CT<INF>R</INF> = compressor run time between refrigerator defrosts 
(in hours rounded to the nearest tenth of an hour).
* * * * *

6. Calculation of Derived Results From Test Measurements

* * * * *
    6.2.1.2 If one of the fresh food compartment temperatures measured 
for a test period is greater than 38.0 [deg]F (3.3 [deg]C), the average 
per-cycle energy consumption shall be equivalent to:

E = ET1 + ((ET2-ET1) x (38.0 - TR1)/(TR2 - TR1))

Where:

E is defined in 6.2.1.1;
ET is defined in 5.2.1;
TR = Fresh food compartment temperature determined according to 
5.1.3 in degrees F;
The numbers 1 and 2 indicate measurements taken during the first and 
second test period as appropriate; and
38.0 = Standardized fresh food compartment temperature in degrees F.
* * * * *
    6.2.2.2 If the conditions of 6.2.2.1 do not exist, the per-cycle 
energy consumption shall be defined by the higher of the two values 
calculated by the following two formulas:

E = ET1 + ((ET2-ET1) x (45.0 - TR1)/(TR2 - TR1))
and
E = ET1 + ((ET2 - ET1) x (k - TF1)/(TF2 - TF1))

Where:

E is defined in 6.2.1.1;
ET is defined in 5.2.1;
TR and numbers 1 and 2 are defined in 6.2.1.2;
TF = Freezer compartment temperature determined according to 5.1.4 
in degrees F;
45.0 is a specified fresh food compartment temperature in degrees F; 
and
k is a constant 15.0 for refrigerators or 5.0 for refrigerator-
freezers each being standardized freezer compartment temperature in 
degrees F.
* * * * *
    6.2.3 Variable Anti-Sweat Heater Models. The standard cycle energy 
consumption of an electric refrigerator-freezer with a variable anti-
sweat heater control (E<INF>std</INF>), expressed in kilowatt-hours per 
day, shall be calculated equivalent to:

E<INF>std</INF> = E + (Correction Factor) where E is determined by 
6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2, whichever is appropriate, with 
the anti-sweat

[[Page 78866]]

heater switch in the ``off'' position or, for products without anti-
sweat heater switches, the anti-sweat heater in its lowest energy use 
state.
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hrs/1 day) x (1 kW/1000 W)

Where:

Anti-sweat Heater Power = 0.034 * (Heater Watts at 5%RH)
+ 0.211 * (Heater Watts at 15%RH)
+ 0.204 * (Heater Watts at 25%RH)
+ 0.166 * (Heater Watts at 35%RH)
+ 0.126 * (Heater Watts at 45%RH)
+ 0.119 * (Heater Watts at 55%RH)
+ 0.069 * (Heater Watts at 65%RH)
+ 0.047 * (Heater Watts at 75%RH)
+ 0.008 * (Heater Watts at 85%RH)
+ 0.015 * (Heater Watts at 95%RH)
Heater Watts at a specific relative humidity = the nominal watts 
used by all heaters at that specific relative humidity, 72 [deg]F 
(22.2 [deg]C) ambient, and DOE reference temperatures of fresh food 
(FF) average temperature of 45 [deg]F (7.2 [deg]C) and freezer (FZ) 
average temperature of 5 [deg]F (-15 [deg]C).
System-loss Factor = 1.3
* * * * *
[GRAPHIC] [TIFF OMITTED] TR16DE10.014

7. Test Procedure Waivers

    To the extent that the procedures contained in this appendix do not 
provide a means for determining the energy consumption of a 
refrigerator or refrigerator-freezer, a manufacturer must obtain a 
waiver under 10 CFR 430.27 to establish an acceptable test procedure 
for each such product. Such instances could, for example, include 
situations where the test set-up for a particular refrigerator or 
refrigerator-freezer basic model is not clearly defined by the 
provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.


0
7. Add a new Appendix B to subpart B of part 430 to read as follows:

Appendix B to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Freezers

    The provisions of Appendix B shall apply to all products 
manufactured on or after the effective date of any amended standards 
promulgated by DOE pursuant to Section 325(b)(4) of the Energy 
Policy and Conservation Act of 1975, as amended by the Energy 
Independence and Security Act of 2007 (to be codified at 42 U.S.C. 
6295(b)(4)).

1. Definitions

    Section 3, Definitions, of HRF-1-2008 (incorporated by 
reference; see Sec.  430.3) applies to this test procedure.
    1.1 ``Adjusted total volume'' means the product of the freezer 
volume as defined in HRF-1-2008 (incorporated by reference; see 
Sec.  430.3) in cubic feet multiplied by an adjustment factor.
    1.2 ``Anti-sweat heater'' means a device incorporated into the 
design of a freezer to prevent the accumulation of moisture on 
exterior or interior surfaces of the cabinet.
    1.3 ``Anti-sweat heater switch'' means a user-controllable 
switch or user interface which modifies the activation or control of 
anti-sweat heaters.

[[Page 78867]]

    1.4 ``Automatic defrost'' means a system in which the defrost 
cycle is automatically initiated and terminated, with resumption of 
normal refrigeration at the conclusion of defrost operation. The 
system automatically prevents the permanent formation of frost on 
all refrigerated surfaces. Nominal refrigerated food temperatures 
are maintained during the operation of the automatic defrost system.
    1.5 ``Automatic icemaker'' means a device that can be supplied 
with water without user intervention, either from a pressurized 
water supply system or by transfer from a water reservoir, that 
automatically produces, harvests, and stores ice in a storage bin, 
with means to automatically interrupt the harvesting operation when 
the ice storage bin is filled to a pre-determined level.
    1.6 ``Cycle'' means the period of 24 hours for which the energy 
use of a freezer is calculated as though the consumer-activated 
compartment temperature controls were set to maintain the 
standardized temperature (see section 3.2).
    1.7 ``Cycle type'' means the set of test conditions having the 
calculated effect of operating a freezer for a period of 24 hours 
with the consumer-activated controls other than the compartment 
temperature control set to establish various operating 
characteristics.
    1.8 ``HRF-1-2008'' means AHAM Standard HRF-1-2008, Association 
of Home Appliance Manufacturers, Energy and Internal Volume of 
Refrigerating Appliances (2008), including Errata to Energy and 
Internal Volume of Refrigerating Appliances, Correction Sheet issued 
November 17, 2009. Only sections of HRF-1-2008 (incorporated by 
reference; see Sec.  430.3) specifically referenced in this test 
procedure are part of this test procedure. In cases where there is a 
conflict, the language of the test procedure in this appendix takes 
precedence over HRF-1-2008.
    1.9 ``Long-time automatic defrost'' means an automatic defrost 
system where successive defrost cycles are separated by 14 hours or 
more of compressor operating time.
    1.10 ``Quick freeze'' means an optional feature on freezers that 
is initiated manually. It bypasses the thermostat control and 
operates continually until the feature is terminated either manually 
or automatically.
    1.11 ``Separate auxiliary compartment'' means a freezer 
compartment other than the first freezer compartment of a freezer 
having more than one compartment. Access to a separate auxiliary 
compartment is through a separate exterior door or doors rather than 
through the door or doors of another compartment. Separate auxiliary 
freezer compartments may not be larger than the first freezer 
compartment.
    1.12 ``Special compartment'' means any compartment without doors 
directly accessible from the exterior, and with separate temperature 
control that is not convertible from fresh food temperature range to 
freezer temperature range.
    1.13 ``Stabilization period'' means the total period of time 
during which steady-state conditions are being attained or 
evaluated.
    1.14 ``Standard cycle'' means the cycle type in which the anti-
sweat heater switch, when provided, is set in the highest energy-
consuming position.
    1.15 ``Variable defrost control'' means an automatic defrost 
system in which successive defrost cycles are determined by an 
operating condition variable or variables other than solely 
compressor operating time. This includes any electrical or 
mechanical device performing this function. A control scheme that 
changes the defrost interval from a fixed length to an extended 
length (without any intermediate steps) is not considered a variable 
defrost control. A variable defrost control feature should predict 
the accumulation of frost on the evaporator and react accordingly. 
Therefore, the times between defrost should vary with different 
usage patterns and include a continuum of lengths of time between 
defrosts as inputs vary.

2. Test Conditions

    2.1 Ambient Temperature. The ambient temperature shall be 90.0 
<plus-minus> 1.0 [deg]F (32.2 <plus-minus> 0.6 [deg]C) during the 
stabilization period and the test period.
    2.2 Operational Conditions. The freezer shall be installed and 
its operating conditions maintained in accordance with HRF-1-2008, 
(incorporated by reference; see Sec.  430.3), sections 5.3 through 
section 5.5.5.5 (but excluding sections 5.5.5.2 and 5.5.5.4). The 
quick freeze option shall be switched off except as specified in 
section 3.1. Additional clarifications are noted in sections 2.3 
through 2.6.
    2.3 Anti-Sweat Heaters. The anti-sweat heater switch is to be on 
during one test and off during a second test. In the case of an 
electric freezer with variable anti-sweat heater control, the 
standard cycle energy use shall be the result of the calculation 
described in 6.2.2.
    2.4 The cabinet and its refrigerating mechanism shall be 
assembled and set up in accordance with the printed consumer 
instructions supplied with the cabinet. Set-up of the freezer shall 
not deviate from these instructions, unless explicitly required or 
allowed by this test procedure. Specific required or allowed 
deviations from such set-up include the following:
    (a) Connection of water lines and installation of water filters 
are not required;
    (b) Clearance requirements from surfaces of the product shall be 
as described in section 2.6 below;
    (c) The electric power supply shall be as described in HRF-1-
2008 (incorporated by reference; see Sec.  430.3) section 5.5.1;
    (d) Temperature control settings for testing shall be as 
described in section 3 of this appendix. Settings for special 
compartments shall be as described in section 2.5 of this appendix;
    (e) The product does not need to be anchored or otherwise 
secured to prevent tipping during energy testing;
    (f) All the product's chutes and throats required for the 
delivery of ice shall be free of packing, covers, or other blockages 
that may be fitted for shipping or when the icemaker is not in use; 
and
    (g) Ice storage bins shall be emptied of ice.
    For cases in which set-up is not clearly defined by this test 
procedure, manufacturers must submit a petition for a waiver (see 
section 7).
    2.5 Special compartments shall be tested with controls set to 
provide the coldest temperature. However, for special compartments 
in which temperature control is achieved using the addition of heat 
(including resistive electric heating, refrigeration system waste 
heat, or heat from any other source, but excluding the transfer of 
air from another part of the interior of the product) for any part 
of the controllable temperature range of that compartment, the 
product energy use shall be determined by averaging two sets of 
tests. The first set of tests shall be conducted with such special 
compartments at their coldest settings, and the second set of tests 
shall be conducted with such special compartments at their warmest 
settings. The requirements for the warmest or coldest temperature 
settings of this section do not apply to features or functions 
associated with temperature control (such as quick freeze) that are 
initiated manually and terminated automatically within 168 hours.
    2.6 The space between the back of the cabinet and a vertical 
surface (the test room wall or simulated wall) shall be the minimum 
distance in accordance with the manufacturer's instructions. 
However, the clearance shall not be greater than 2 inches (51 mm) 
from the plane of the cabinet's back panel to the vertical surface. 
If permanent rear spacers extend further than this distance, the 
appliance shall be located with the spacers in contact with the 
vertical surface.
    2.7 Steady State Condition. Steady-state conditions exist if the 
temperature measurements taken at 4-minute intervals or less during 
a stabilization period are not changing at a rate greater than 0.042 
[deg]F (0.023 [deg]C) per hour as determined by the applicable 
condition of A or B described below.
    A--The average of the measurements during a 2-hour period if no 
cycling occurs or during a number of complete repetitive compressor 
cycles occurring through a period of no less than 2 hours is 
compared to the average over an equivalent time period with 3 hours 
elapsing between the two measurement periods.
    B--If A above cannot be used, the average of the measurements 
during a number of complete repetitive compressor cycles occurring 
through a period of no less than 2 hours and including the last 
complete cycle before a defrost period (or if no cycling occurs, the 
average of the measurements during the last 2 hours before a defrost 
period) are compared to the same averaging period before the 
following defrost period.

3. Test Control Settings

    3.1 Model with No User Operable Temperature Control. A test 
shall be performed during which the compartment temperature and 
energy use shall be measured. A second test shall be performed with 
the temperature control electrically short circuited to cause the 
compressor to run continuously. If the model has the quick freeze 
option, this option must be used to bypass the temperature control.
    3.2 Model with User Operable Temperature Control. Testing shall 
be performed in accordance with one of the following sections using 
the standardized temperature of 0.0 [deg]F (-17.8 [deg]C).


[[Page 78868]]


For the purposes of comparing compartment temperatures with 
standardized temperatures, as described in sections 3.2.1 and 3.2.2, 
the freezer compartment temperature shall be as specified in section 
5.1.3.
    3.2.1 A first test shall be performed with all temperature 
controls set at their median position midway between their warmest 
and coldest settings. For mechanical control systems, knob detents 
shall be mechanically defeated if necessary to attain a median 
setting. For electronic control systems, the test shall be performed 
with all compartment temperature controls set at the average of the 
coldest and warmest settings--if there is no setting equal to this 
average, the setting closest to the average shall be used. If there 
are two such settings equally close to the average, the higher of 
these temperature control settings shall be used. A second test 
shall be performed with all controls set at either their warmest or 
their coldest setting (not electrically or mechanically bypassed), 
whichever is appropriate, to attempt to achieve compartment 
temperatures measured during the two tests which bound (i.e., one is 
above and one is below) the standardized temperature. If the 
compartment temperatures measured during these two tests bound the 
standardized temperature, then these test results shall be used to 
determine energy consumption. If the compartment temperature 
measured with all controls set at their coldest setting is above the 
standardized temperature, the tested unit fails the test and cannot 
be rated. If the compartment temperature measured with all controls 
set at their warmest setting is below the standardized temperature, 
then the result of this test alone will be used to determine energy 
consumption. Also see Table 1 below, which summarizes these 
requirements.

                                   Table 1--Temperature Settings for Freezers
----------------------------------------------------------------------------------------------------------------
                    First test                                   Second test
-----------------------------------------------------------------------------------------   Energy calculation
            Settings                  Results            Settings           Results              based on:
----------------------------------------------------------------------------------------------------------------
Mid............................  Low..............  Warm.............  Low..............  Second Test Only.
                                 .................  .................  High.............  First and Second
                                                                                           Tests.
                                 High.............  Cold.............  Low..............  First and Second
                                                                                           Tests.
                                 .................  .................  High.............  No Energy Use Rating.
----------------------------------------------------------------------------------------------------------------

    3.2.2 Alternatively, a first test may be performed with all 
temperature controls set at their warmest setting. If the 
compartment temperature is below the standardized temperature, then 
the result of this test alone will be used to determine energy 
consumption. If this condition is not met, then the unit shall be 
tested in accordance with section 3.2.1.

4. Test Period

    Tests shall be performed by establishing the conditions set 
forth in section 2 and using the control settings as set forth in 
section 3 above.
    4.1 Nonautomatic Defrost. If the model being tested has no 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be no less than 3 
hours in duration. During the test period, the compressor motor 
shall complete two or more whole compressor cycles. (A compressor 
cycle is a complete ``on'' and a complete ``off'' period of the 
motor.) If no ``off'' cycling will occur, as determined during the 
stabilization period, the test period shall be 3 hours. If 
incomplete cycling occurs (less than two compressor cycles during a 
24-hour period), the results of the 24-hour period shall be used.
    4.2 Automatic Defrost. If the model being tested has an 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be from one point 
during a defrost period to the same point during the next defrost 
period. If the model being tested has a long-time automatic defrost 
system, the alternate provisions of 4.2.1 may be used. If the model 
being tested has a variable defrost control, the provisions of 4.2.2 
shall apply.
    4.2.1 Long-time Automatic Defrost. If the model being tested has 
a long-time automatic defrost system, the two-part test described in 
this section may be used. The first part is a stable period of 
compressor operation that includes no portions of the defrost cycle, 
such as precooling or recovery, that is otherwise the same as the 
test for a unit having no defrost provisions (section 4.1). The 
second part is designed to capture the energy consumed during all of 
the events occurring with the defrost control sequence that are 
outside of stable operation.
    4.2.1.1 Cycling Compressor System. For a system with a cycling 
compressor, the second part starts at the termination of the last 
regular compressor ``on'' cycle. The average temperature of the 
compartment measured from the termination of the previous compressor 
``on'' cycle to the termination of the last regular compressor 
``on'' cycle must be within 0.5 [deg]F (0.3 [deg]C) of the average 
temperature of the compartment measured for the first part of the 
test. If any compressor cycles occur prior to the defrost heater 
being energized that cause the average temperature in the 
compartment to deviate from the first part temperature by more than 
0.5 [deg]F (0.3 [deg]C), these compressor cycles are not considered 
regular compressor cycles and must be included in the second part of 
the test. As an example, a ``precool'' cycle, which is an extended 
compressor cycle that lowers the compartment temperature prior to 
energizing the defrost heater, must be included in the second part 
of the test. The test period for the second part of the test ends at 
the initiation of the first regular compressor cycle after the 
compartment temperatures have fully recovered to their stable 
conditions. The average temperature of the compartment measured from 
this initiation of the first regular compressor ``on'' cycle until 
the initiation of the next regular compressor ``on'' cycle must be 
within 0.5 [deg]F (0.3 [deg]C) of the average temperature of the 
compartment measured for the first part of the test. The second part 
of the test may be terminated after 4 hours if the above conditions 
cannot be met. See Figure 1.

[[Page 78869]]

[GRAPHIC] [TIFF OMITTED] TR16DE10.015

    4.2.1.2 Non-cycling Compressor System. For a system with a non-
cycling compressor, the second part starts at a time before defrost 
during stable operation when the compartment temperature is within 
0.5 [deg]F (0.3 [deg]C) of the average temperature of the 
compartment measured for the first part of the test. The second part 
stops at a time after defrost during stable operation when the 
compartment temperature is within 0.5 [deg]F (0.3 [deg]C) of the 
average temperature of the compartment measured for the first part 
of the test. The second part of the test may be terminated after 4 
hours if the above conditions cannot be met. See Figure 2.

[[Page 78870]]

[GRAPHIC] [TIFF OMITTED] TR16DE10.016

    4.2.2 Variable Defrost Control. If the model being tested has a 
variable defrost control system, the test shall consist of the same 
two parts as the test for long-time automatic defrost (section 
4.2.1).

5. Test Measurements

    5.1 Temperature Measurements. Temperature measurements shall be 
made at the locations prescribed in Figure 5-2 of HRF-1-2008 
(incorporated by reference; see Sec.  430.3) and shall be accurate 
to within <plus-minus> 0.5 [deg]F (0.3[deg]C).
    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 5.2 of HRF-1-2008, the product may be tested 
by relocating the temperature sensors from the locations specified 
in the figures to avoid interference with hardware or components 
within the cabinet, in which case the specific locations used for 
the temperature sensors shall be noted in the test data records 
maintained by the manufacturer, and the certification report shall 
indicate that non-standard sensor locations were used.
    5.1.1 Measured Temperature. The measured temperature is to be 
the average of all sensor temperature readings taken at a particular 
point in time. Measurements shall be taken at regular intervals not 
to exceed 4 minutes.
    5.1.2 Compartment Temperature. The compartment temperature for 
each test period shall be an average of the measured temperatures 
taken during the test period as defined in section 4. For long-time 
automatic defrost models, compartment temperature shall be that 
measured in the first part of the test period specified in section 
4.2.1. For models with variable defrost controls, compartment 
temperatures shall be those measured in the first part of the test 
period specified in section 4.2.2.
    5.1.3 Freezer Compartment Temperature. The freezer compartment 
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR16DE10.017

Where:
F is the total number of applicable freezer compartments, which 
include the first freezer compartment and any number of separate 
auxiliary freezer compartments;
TF<INF>i</INF> is the compartment temperature of freezer compartment 
``i'' determined in accordance with section 5.1.2; and
VF<INF>i</INF> is the volume of freezer compartment ``i''.

    5.2 Energy Measurements:
    5.2.1 Per-Day Energy Consumption. The energy consumption in 
kilowatt-hours per day for each test period shall be the energy 
expended during the test period as specified in section 4 adjusted 
to a 24-hour period. The adjustment shall be determined as follows:
    5.2.1.1 Nonautomatic and Automatic Defrost Models. The energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:


[[Page 78871]]


ET = (EP x 1440 x K)/T

Where:

ET = test cycle energy expended in kilowatt-hours per day;
EP = energy expended in kilowatt-hours during the test period;
T = length of time of the test period in minutes;
1440 = conversion factor to adjust to a 24-hour period in minutes 
per day; and
K = dimensionless correction factor of 0.7 for chest freezers and 
0.85 for upright freezers to adjust for average household usage.

    5.2.1.2 Long-time Automatic Defrost. If the two-part test method 
is used, the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:

ET = (1440 x K x EP1/T1) + (EP2-(EP1 x T2/T1)) x K x (12/CT)

Where:

ET, 1440, and K are defined in section 5.2.1.1;
EP1 = energy expended in kilowatt-hours during the first part of the 
test;
EP2 = energy expended in kilowatt-hours during the second part of 
the test;
CT = defrost timer run time or compressor run time between defrosts 
in hours required to cause it to go through a complete cycle, 
rounded to the nearest tenth of an hour;
12 = conversion factor to adjust for a 50 percent run time of the 
compressor in hours per day; and
T1 and T2 = length of time in minutes of the first and second test 
parts respectively.

    5.2.1.3 Variable Defrost Control. The energy consumption in 
kilowatt-hours per day shall be calculated equivalent to:

ET = (1440 x K x EP1/T1) + (EP2 - (EP1 x T2/T1)) x K x (12/CT),

Where:

ET, K, and 1440 are defined in section 5.2.1.1;
EP1, EP2, T1, T2, and 12 are defined in section 5.2.1.2;

CT = (CT<INF>L</INF> x CT<INF>M</INF>)/(F x (CT<INF>M</INF>-
CT<INF>L</INF>) + CT<INF>L</INF>)

Where:

CT<INF>L</INF> = least or shortest compressor run time between 
defrosts in hours rounded to the nearest tenth of an hour (greater 
than or equal to 6 hours but less than or equal to 12 hours);
CT<INF>M</INF> = maximum compressor run time between defrosts in 
hours rounded to the nearest tenth of an hour (greater than 
CT<INF>L</INF> but not more than 96 hours);
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per-day energy consumption and 
is equal to 0.20.
For variable defrost models with no values for CT<INF>L</INF> and 
CT<INF>M</INF> in the algorithm, the default values of 12 and 84 
shall be used, respectively.

    5.3 Volume Measurements. The total refrigerated volume, VT, 
shall be measured in accordance with HRF-1-2008, (incorporated by 
reference; see Sec.  430.3), section 3.30 and sections 4.2 through 
4.3.
    In the case of freezers with automatic icemakers, the volume 
occupied by the automatic icemaker, including its ice storage bin, 
is to be included in the volume measurement.

6. Calculation of Derived Results From Test Measurements

    6.1 Adjusted Total Volume. The adjusted total volume, VA, for 
freezers under test shall be defined as:

VA = VT x CF

Where:

VA = adjusted total volume in cubic feet;
VT = total refrigerated volume in cubic feet; and
CF = dimensionless correction factor of 1.76.

    6.2 Average Per-Cycle Energy Consumption
    6.2.1 The average per-cycle energy consumption for a cycle type 
is expressed in kilowatt-hours per cycle to the nearest one 
hundredth (0.01) kilowatt-hour and shall depend on the compartment 
temperature attainable as shown below.
    6.2.1.1 If the compartment temperature is always below 0.0 
[deg]F (-17.8 [deg]C), the average per-cycle energy consumption 
shall be equivalent to:

E = ET1 + IET

Where:

E = total per-cycle energy consumption in kilowatt-hours per day;
ET is defined in 5.2.1;
The number 1 indicates the test period during which the highest 
compartment temperature is measured; and
IET, expressed in kilowatt-hours per cycle, equals 0.23 for a 
product with an automatic icemaker and otherwise equals 0 (zero).

    6.2.1.2 If one of the compartment temperatures measured for a 
test period is greater than 0.0 [deg]F (17.8 [deg]C), the average 
per-cycle energy consumption shall be equivalent to:

E = ET1 + ((ET2 - ET1) x (0.0 - TF1)/(TF2 - TF1)) + IET

Where:

E and IET are defined in 6.2.1.1 and ET is defined in 5.2.1;
TF = freezer compartment temperature determined according to 5.1.3 
in degrees F;
The numbers 1 and 2 indicate measurements taken during the first and 
second test period as appropriate; and
0.0 = standardized compartment temperature in degrees F.

    6.2.2 Variable Anti-Sweat Heater Models. The standard cycle 
energy consumption of an electric freezer with a variable anti-sweat 
heater control (E<INF>std</INF>), expressed in kilowatt-hours per 
day, shall be calculated equivalent to:

E<INF>std</INF> = E + (Correction Factor) where E is determined by 
6.2.1.1, or 6.2.1.2, whichever is appropriate, with the anti-sweat 
heater switch in the ``off'' position or, for a product without an 
anti-sweat heater switch, the anti-sweat heater in its lowest energy 
use state.
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hrs/1 day) x (1 kW/1000 W)

Where:

Anti-sweat Heater Power = 0.034 * (Heater Watts at 5%RH)
+ 0.211 * (Heater Watts at 15%RH)
+ 0.204 * (Heater Watts at 25%RH)
+ 0.166 * (Heater Watts at 35%RH)
+ 0.126 * (Heater Watts at 45%RH)
+ 0.119 * (Heater Watts at 55%RH)
+ 0.069 * (Heater Watts at 65%RH)
+ 0.047 * (Heater Watts at 75%RH)
+ 0.008 * (Heater Watts at 85%RH)
+ 0.015 * (Heater Watts at 95%RH)
Heater Watts at a specific relative humidity = the nominal watts 
used by all heaters at that specific relative humidity, 72 [deg]F 
ambient (22.2 [deg]C), and DOE reference freezer (FZ) average 
temperature of 0 [deg]F (-17.8 [deg]C).
System-loss Factor = 1.3

7. Test Procedure Waivers

    To the extent that the procedures contained in this appendix do 
not provide a means for determining the energy consumption of a 
freezer, a manufacturer must obtain a waiver under 10 CFR 430.27 to 
establish an acceptable test procedure for each such product. Such 
instances could, for example, include situations where the test set-
up for a particular freezer basic model is not clearly defined by 
the provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.


0
8. Appendix B1 to subpart B of part 430 is amended by:
0
a. Adding an introductory paragraph after the appendix heading;
0
b. Revising section 1. Definitions;
0
c. In section 2. Test Conditions, by:
0
1. Revising sections 2.1 and 2.2;
0
2. Redesignating section 2.3 as 2.7;
0
3. Adding new sections 2.3 through 2.6;
0
d. In section 3. Test Control Settings, by:
0
1. Revising sections 3.1, 3.2, and 3.2.1;
0
2. Removing section 3.3;
0
e. Revising section 4, Test Period;
0
f. In section 5, Test Measurements, by:
0
1. Revising sections 5.1, 5.1.2, 5.1.2.1, 5.1.2.2, 5.1.2.3, 5.2.1.2, 
and 5.2.1.3;
0
2. Adding new section 5.1.3;
0
3. Removing section 5.2.1.4;
0
g. In section 6. Calculation of Derived Results From Test Measurements, 
by:
0
1. Revising section 6.2.1.2;
0
2. Adding a new section 6.2.2
0
h. Adding new section 7, Waivers.
    The additions and revisions read as follows:

Appendix B1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Freezers

    The provisions of Appendix B1 shall apply to all products 
manufactured prior to the effective date of any amended standards 
promulgated by DOE pursuant to Section

[[Page 78872]]

325(b)(4) of the Energy Policy and Conservation Act of 1975, as 
amended by the Energy Independence and Security Act of 2007 (to be 
codified at 42 U.S.C. 6295(b)(4)).

1. Definitions

    Section 3, Definitions, of HRF-1-1979 (incorporated by 
reference; see Sec.  430.3) applies to this test procedure.
    1.1 Adjusted total volume'' means the product of, (1) the 
freezer volume as defined in HRF-1-1979 in cubic feet, times (2) an 
adjustment factor.
    1.2 ``Anti-sweat heater'' means a device incorporated into the 
design of a freezer to prevent the accumulation of moisture on 
exterior or interior surfaces of the cabinet.
    1.3 ``Anti-sweat heater switch'' means a user-controllable 
switch or user interface which modifies the activation or control of 
anti-sweat heaters.
    1.4 ``Automatic Defrost'' means a system in which the defrost 
cycle is automatically initiated and terminated, with resumption of 
normal refrigeration at the conclusion of defrost operation. The 
system automatically prevents the permanent formation of frost on 
all refrigerated surfaces. Nominal refrigerated food temperatures 
are maintained during the operation of the automatic defrost system.
    1.5 ``Cycle'' means the period of 24 hours for which the energy 
use of a freezer is calculated as though the consumer-activated 
compartment temperature controls were set to maintain the 
standardized temperature (see section 3.2).
    1.6 ``Cycle type'' means the set of test conditions having the 
calculated effect of operating a freezer for a period of 24 hours 
with the consumer-activated controls other than the compartment 
temperature control set to establish various operating 
characteristics.
    1.7 ``HRF-1-1979'' means the Association of Home Appliance 
Manufacturers standard for household refrigerators, combination 
refrigerator-freezers, and household freezers, also approved as an 
American National Standard as a revision of ANSI B 38.1-1970. Only 
sections of HRF-1-1979 (incorporated by reference; see Sec.  430.3) 
specifically referenced in this test procedure are part of this test 
procedure. In cases where there is a conflict, the language of the 
test procedure in this appendix takes precedence over HRF-1-1979.
    1.8 ``Long-time Automatic Defrost'' means an automatic defrost 
system where successive defrost cycles are separated by 14 hours or 
more of compressor-operating time.
    1.9 ``Quick freeze'' means an optional feature on freezers that 
is initiated manually. It bypasses the thermostat control and 
operates continually until the feature is terminated either manually 
or automatically.
    1.10 ``Separate auxiliary compartment'' means a freezer 
compartment other than the first freezer compartment of a freezer 
having more than one compartment. Access to a separate auxiliary 
compartment is through a separate exterior door or doors rather than 
through the door or doors of another compartment. Separate auxiliary 
freezer compartments may not be larger than the first freezer 
compartment.
    1.11 ``Special compartment'' means any compartment without doors 
directly accessible from the exterior, and with separate temperature 
control that is not convertible from fresh food temperature range to 
freezer temperature range.
    1.12 ``Stabilization Period'' means the total period of time 
during which steady-state conditions are being attained or 
evaluated.
    1.13 ``Standard cycle'' means the cycle type in which the anti-
sweat heater switch, when provided, is set in the highest energy 
consuming position.
    1.14 ``Variable defrost control'' means an automatic defrost 
system in which successive defrost cycles are determined by an 
operating condition variable or variables other than solely 
compressor operating time. This includes any electrical or 
mechanical device performing this function. A control scheme that 
changes the defrost interval from a fixed length to an extended 
length (without any intermediate steps) is not considered a variable 
defrost control. A variable defrost control feature should predict 
the accumulation of frost on the evaporator and react accordingly. 
Therefore, the times between defrost should vary with different 
usage patterns and include a continuum of lengths of time between 
defrosts as inputs vary.
* * * * *

2. Test Conditions

    2.1 Ambient Temperature. The ambient temperature shall be 90.0 
<plus-minus> 1.0 [deg]F (32.2 <plus-minus> 0.6 [deg]C) during the 
stabilization period and the test period.
    2.2 Operational Conditions. The freezer shall be installed and 
its operating conditions maintained in accordance with HRF-1-1979, 
(incorporated by reference; see Sec.  430.3), section 7.2 through 
section 7.4.3.3 (but excluding section 7.4.3.2), except that the 
vertical ambient gradient at locations 10 inches (25.4 cm) out from 
the centers of the two sides of the unit being tested is to be 
maintained during the test. Unless the area is obstructed by shields 
or baffles, the gradient is to be maintained from 2 inches (5.1 cm) 
above the floor or supporting platform to a height 1 foot (30.5 cm) 
above the unit under test. Defrost controls are to be operative. The 
quick freeze option shall be switched off except as specified in 
section 3.1. Additional clarifications are noted in sections 2.3 
through 2.6.
    2.3 Anti-Sweat Heaters. The anti-sweat heater switch is to be on 
during one test and off during a second test. In the case of an 
electric freezer equipped with variable anti-sweat heater control, 
the standard cycle energy use shall be the result of the calculation 
described in 6.2.2.
    2.4 The cabinet and its refrigerating mechanism shall be 
assembled and set up in accordance with the printed consumer 
instructions supplied with the cabinet. Set-up of the freezer shall 
not deviate from these instructions, unless explicitly required or 
allowed by this test procedure. Specific required or allowed 
deviations from such set-up include the following:
    (a) Connection of water lines and installation of water filters 
are not required;
    (b) Clearance requirements from surfaces of the product shall be 
as specified in section 2.6 below;
    (c) The electric power supply shall be as described in HRF-1-
1979 (incorporated by reference; see Sec.  430.3) section 7.4.1;
    (d) Temperature control settings for testing shall be as 
described in section 3 of this appendix. Settings for special 
compartments shall be as described in section 2.5 of this appendix;
    (e) The product does not need to be anchored or otherwise 
secured to prevent tipping during energy testing; and
    (f) All the product's chutes and throats required for the 
delivery of ice shall be free of packing, covers, or other blockages 
that may be fitted for shipping or when the icemaker is not in use.
    For cases in which set-up is not clearly defined by this test 
procedure, manufacturers must submit a petition for a waiver (see 
section 7).
    2.5 Special compartments shall be tested with controls set to 
provide the coldest temperature. This requirement for the coldest 
temperature does not apply to features or functions (such as quick 
freeze) that are initiated manually and terminated automatically 
within 168 hours.
    2.6 The space between the back of the cabinet and a vertical 
surface (the test room wall or simulated wall) shall be the minimum 
distance in accordance with the manufacturer's instructions.
* * * * *

3. Test Control Settings

    3.1 Model with No User Operable Temperature Control. A test 
shall be performed during which the compartment temperature and 
energy use shall be measured. A second test shall be performed with 
the temperature control electrically short circuited to cause the 
compressor to run continuously. If the model has the quick freeze 
option, this option must be used to bypass the temperature control.
    3.2 Model with User Operable Temperature Control. Testing shall 
be performed in accordance with one of the following sections using 
the standardized temperature of 0.0 [deg]F (-17.8 [deg]C).

For the purposes of comparing compartment temperatures with 
standardized temperatures, as described in sections 3.2.1 through 
3.2.3, the freezer compartment temperature shall be as specified in 
section 5.1.3.

    3.2.1 A first test shall be performed with all temperature 
controls set at their median position midway between their warmest 
and coldest settings. For mechanical control systems, knob detents 
shall be mechanically defeated if necessary to attain a median 
setting. For electronic control systems, the test shall be performed 
with all compartment temperature controls set at the average of the 
coldest and warmest settings--if there is no setting equal to this 
average, the setting closest to the average shall be used. If there 
are two such settings equally close to the average, the higher of 
these temperature control settings shall be used. If the compartment 
temperature measured during the first test is higher than the 
standardized temperature, the second test shall be conducted with 
the controls set at the coldest settings. If the compartment 
temperature

[[Page 78873]]

measured during the first test is lower than the standardized 
temperature, the second test shall be conducted with the controls 
set at the warmest settings. If the compartment temperatures 
measured during these two tests bound the standardized temperature, 
then these test results shall be used to determine energy 
consumption. If the compartment temperature measured with all 
controls set at their coldest settings is above the standardized 
temperature, a third test shall be performed with all controls set 
at their warmest settings and the result of this test shall be used 
with the result of the test performed with all controls set at their 
coldest settings to determine energy consumption. If the compartment 
temperature measured with all controls set at their warmest settings 
is below the standardized temperature, then the result of this test 
alone will be used to determine energy consumption.
* * * * *

4. Test Period

    Tests shall be performed by establishing the conditions set 
forth in section 2 and using the control settings as set forth in 
section 3 of this appendix.
    4.1 Nonautomatic Defrost. If the model being tested has no 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be no less than 3 
hours in duration. During the test period, the compressor motor 
shall complete two or more whole compressor cycles. A compressor 
cycle is a complete ``on'' and a complete ``off'' period of the 
motor. If no ``off'' cycling will occur, as determined during the 
stabilization period, the test period shall be 3 hours. If 
incomplete cycling occurs (less than two compressor cycles during a 
24-hour period), the results of the 24-hour period shall be used.
    4.2 Automatic Defrost. If the model being tested has an 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be from one point 
during a defrost period to the same point during the next defrost 
period. If the model being tested has a long-time automatic defrost 
system, the alternate provisions of 4.2.1 may be used. If the model 
being tested has a variable defrost control, the provisions of 4.2.2 
shall apply.
    4.2.1 Long-time Automatic Defrost. If the model being tested has 
a long-time automatic defrost system, the two-part test described in 
this section may be used. The first part is the same as the test for 
a unit having no defrost provisions (section 4.1). The second part 
would start when a defrost is initiated when the compressor ``on'' 
cycle is terminated prior to start of the defrost heater and 
terminates at the second turn ``on'' of the compressor or 4 hours 
from the initiation of the defrost heater, whichever comes first.
    4.2.2 Variable Defrost Control. If the model being tested has a 
variable defrost control system, the test shall consist of the same 
two parts as the test for long-time automatic defrost (section 
4.2.1).

5. Test Measurements

    5.1 Temperature Measurements. Temperature measurements shall be 
made at the locations prescribed in Figure 7.2 of HRF-1-1979 
(incorporated by reference; see Sec.  430.3) and shall be accurate 
to within <plus-minus> 0.5 [deg]F (0.3 [deg]C).
    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 7.2 of HRF-1-1979, the product may be tested 
by relocating the temperature sensors from the locations specified 
in the figures to avoid interference with hardware or components 
within the cabinet, in which case the specific locations used for 
the temperature sensors shall be noted in the test data records 
maintained by the manufacturer, and the certification report shall 
indicate that non-standard sensor locations were used.
* * * * *
    5.1.2 Compartment Temperature. The compartment temperature for 
each test period shall be an average of the measured temperatures 
taken during one or more complete compressor cycles. One compressor 
cycle is one complete motor ``on'' and one complete motor ``off'' 
period. For long-time automatic defrost models, compartment 
temperature shall be that measured in the first part of the test 
period specified in section 4.2.1. For models equipped with variable 
defrost controls, compartment temperatures shall be those measured 
in the first part of the test period specified in section 4.2.2.
    5.1.2.1 The number of complete compressor cycles over which the 
measured temperatures in a compartment are to be averaged to 
determine compartment temperature shall be equal to the number of 
minutes between measured temperature readings rounded up to the next 
whole minute or a number of complete compressor cycles over a time 
period exceeding 1 hour. One of the compressor cycles shall be the 
last complete compressor cycle during the test period before start 
of the defrost control sequence for products with automatic defrost.
    5.1.2.2 If no compressor cycling occurs, the compartment 
temperature shall be the average of the measured temperatures taken 
during the last 32 minutes of the test period.
    5.1.2.3 If incomplete compressor cycling occurs (less than one 
compressor cycle), the compartment temperature shall be the average 
of all readings taken during the last 3 hours of the last complete 
compressor ``on'' period.
    5.1.3 Freezer Compartment Temperature. The freezer compartment 
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR16DE10.018

Where:

F is the total number of applicable freezer compartments, which 
include the first freezer compartment and any number of separate 
auxiliary freezer compartments;
TF<INF>i</INF> is the compartment temperature of freezer compartment 
``i'' determined in accordance with section 5.1.2; and
VF<INF>i</INF> is the volume of freezer compartment ``i''.
* * * * *
    5.2.1.2 Long-time Automatic Defrost. If the two part test method 
is used, the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:

ET = (1440 x K x EP1/T1) + (EP2-EP1 x T2/T1)) x K x (12/CT)

Where:

ET, 1440, and K are defined in section 5.2.1.1;
EP1 = energy expended in kilowatt-hours during the first part of the 
test;
EP2 = energy expended in kilowatt-hours during the second part of 
the test;
CT = defrost timer run time or compressor run time between defrosts 
in hours required to cause it to go through a complete cycle, 
rounded to the nearest tenth of an hour;
12 = conversion factor to adjust for a 50 percent run time of the 
compressor in hours per day; and
T1 and T2 = length of time in minutes of the first and second test 
parts respectively.

    5.2.1.3 Variable Defrost Control. The energy consumption in 
kilowatt-hours per day shall be calculated equivalent to:

ET = (1440 x K x EP1/T1) + (EP2-(EP1 x T2/T1)) x K x (12/CT),

Where:

ET, K, and 1440 are defined in section 5.2.1.1 and EP1, EP2, T1, T2, 
and 12 are defined in section 5.2.1.2.

CT = (CT<INF>L</INF> x CT<INF>M</INF>)/(Fx (CT<INF>M</INF>-
CT<INF>L</INF>) + CT<INF>L</INF>)

Where:

CT<INF>L</INF> = least or shortest compressor run time between 
defrosts in hours rounded to the nearest tenth of an hour (greater 
than or equal to 6 hours but less than or equal to 12 hours);
CT<INF>M</INF> = maximum compressor run time between defrosts in 
hours rounded to the nearest tenth of an hour (greater than 
CT<INF>L</INF> but not more than 96 hours);
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per-day energy consumption and 
is equal to 0.20.
For variable defrost models with no values for CT<INF>L</INF> and 
CT<INF>M</INF> in the algorithm, the default values of 12 and 84 
shall be used, respectively.
* * * * *

6. Calculation of Derived Results From Test Measurements

* * * * *
    6.2.1.2 If one of the compartment temperatures measured for a 
test period is greater than 0.0 [deg]F (17.8 [deg]C), the average 
per-cycle energy consumption shall be equivalent to:

E = ET1 + ((ET2 - ET1) x (0.0 - TF1)/(TF2 - TF1))

Where:

E is defined in 6.2.1.1;
ET is defined in 5.2.1;
TF = freezer compartment temperature determined according to 5.1.3 
in degrees F;
The numbers 1 and 2 indicate measurements taken during the first and 
second test period as appropriate; and

[[Page 78874]]

0.0 = Standardized compartment temperature in degrees F.
* * * * *
    6.2.2 Variable Anti-Sweat Heater Models. The standard cycle 
energy consumption of an electric freezer with a variable anti-sweat 
heater control (E<INF>std</INF>), expressed in kilowatt-hours per 
day, shall be calculated equivalent to:

E<INF>std</INF> = E + (Correction Factor) where E is determined by 
6.2.1.1, or 6.2.1.2, whichever is appropriate, with the anti-sweat 
heater switch in the ``off'' position or, for a product without an 
anti-sweat heater switch, the anti-sweat heater in its lowest energy 
use state.
Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hrs/1 day) x (1 kW/1000 W)

Where:

Anti-sweat Heater Power = 0.034 * (Heater Watts at 5%RH)
+ 0.211 * (Heater Watts at 15%RH)
+ 0.204 * (Heater Watts at 25%RH)
+ 0.166 * (Heater Watts at 35%RH)
+ 0.126 * (Heater Watts at 45%RH)
+ 0.119 * (Heater Watts at 55%RH)
+ 0.069 * (Heater Watts at 65%RH)
+ 0.047 * (Heater Watts at 75%RH)
+ 0.008 * (Heater Watts at 85%RH)
+ 0.015 * (Heater Watts at 95%RH)

Heater Watts at a specific relative humidity = the nominal watts 
used by all heaters at that specific relative humidity, 72 [deg]F 
(22.2 [deg]C) ambient, and DOE reference freezer (FZ) average 
temperature of 0 [deg]F (-17.8 [deg]C).
System-loss Factor = 1.3.
* * * * *

7. Test Procedure Waivers

    To the extent that the procedures contained in this appendix do 
not provide a means for determining the energy consumption of a 
freezer, a manufacturer must obtain a waiver under 10 CFR 430.27 to 
establish an acceptable test procedure for each such product. Such 
instances could, for example, include situations where the test set-
up for a particular freezer basic model is not clearly defined by 
the provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.


0
9. In Sec.  430.32, revise paragraph (a) introductory text to read as 
follows:


Sec.  430.32  Energy and water conservation standards and their 
effective dates.

     * * *
    (a) Refrigerators/refrigerator-freezers/freezers. These standards 
do not apply to refrigerators and refrigerator-freezers with total 
refrigerated volume exceeding 39 cubic foot (1104 liters) or freezers 
with total refrigerated volume exceeding 30 cubic foot (850 liters). 
The energy standards as determined by the equations of the following 
table shall be rounded off to the nearest kWh per year. If the equation 
calculation is halfway between the nearest two kWh per year values, the 
standard shall be rounded up to the higher of these values.
* * * * *

[FR Doc. 2010-30071 Filed 12-15-10; 8:45 am]
BILLING CODE 6450-01-P


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