# Proposed Rules

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

Energy Conservation Program for Consumer Products: Department of Energy Refrigerator and RefrigeratorFreezerTest Procedure

AGENCY: 

### Office ofEnergy Efficiency and Renewable Energy, Department of Energy.

ACTION: 

### Notice ofinquiry.

SUMMARY: 

### Today's document publishes

a letter from Edward SchulakEquities, Inc. (ESE), requesting the Department of Energy (Department or DOE) to modify the refrigerator and refrigerator-freezer
test procedure to allow testing the "Energy Efficient Domestic Refrigeration System" patented by ESE. The Departmentis soliciting comments, data, and information respecting the request.

DATES: 

### The Departmentwill accept comments, data, and information not later than August 21. 1995.

ADDRESSES: 

### Written comments and
statements shallbe sent to: Department ofEnergy, Office ofEnergy EffiCiency and Renewable Energy. Case No. FRIG001, Mail Stop EE-431. Room 1J-018. Forrestal Building, 1000 Independence Avenue. SW., Washington, DC 20585. (202) 586-7574.

FOR FURTHER INFORMATION CONTACT: 

### Michael G. Raymond. U.S. Department

ofEnergy, Office ofEnergy Efficiency and Renewable Energy, Mail Station EE-431, Forrestal Building. 1000 Independence Avenue. SW., Washington. DC 20585, (202) 586- 9611. Eugene Margolis, Esq

.. U.S. Department

ofEnergy. Office ofGeneral Counsel, Mail Station GC-72. Forrestal Building. 1000 Independence Avenue, SW

.. Washington. DC 20585. (202)

. 586-9507.

SUPPLEMENTARY INFORMATION: 

### The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act (EPCA), Public Law 94-163.89 Stat. 917. as amended by the National Energy ConservationPolicyAct (NECPA)

. Public Law 95-619. 92 Stat. 3266, the National Appliance Energy ConservationAct of 1987 (NICE), Public Law 100-12, the National Appliance Energy Conservation Amendments of 1988 (NICE 1988). Public Law 100-357. and the Energy PolicyAct of 1992 (EPACT). Public Law 102-486. 106 Stat. 2776. which requires the Department to prescribe standardized test procedures
to measure the energy consumption of certain consumer products, including refrigerators and refrigerator-freezers. The intent ofthe test procedures is to provide a comparable measure ofenergy consumption thatwill assist consumers in making purchasing decisions. The refrigerator and refrigerator-freezer test procedures appear at 10 CFR Part 430. Subpart B. Appendix AI.

The Department amended the prescribed test procedures by adding 10 CFR 430.27 on September 26, 1980. creating the waiver process. 45 FR 64108. The waiver process allows the Assistant Secretaryto temporarilywaive
test procedures for a particularbasic model when a petitioner shows thatthe basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures. or when the prescribed test procedures mayevaluate the basic model in a manner so unrepresentative ofits true energy consumption as to provide materially inaccurate comparative data.

On March 14, 1995. ESE submitted a letter regarding the refrigerator test procedures. This letterwas submitted as

a "Petition for Waiver", but also stated that "ESE recognizes that the Waiver
process may not be the appropriate forum. and we would like this request
to be considered in whatever forum DOE would consider appropriate 

## * 

## * *" ESE has patented a device which operates by cooling the ambient air around the condensercoil. The device is a box placed around the coils. connected via small tubes to the outside ofthe house. The system also includes

a movable barrier for selectively controllingthe transfer ofair to the box. The purpose ofthe invention is to reduce the energy consumption ofthe Federal Register

Vol. 60. No. 140

Friday. July 21. 1995 

## 31603

refrigerator. ESE's application seeks a "waiver" from the Department test procedure, because the energy consumption ofa refrigerator equipped
to allow the ingress ofcool outside air

over the condenser coils is not addressed. ESE has not submitted a modified test procedure to be used for rating its refrigerator modification. ESE
states thatthe existing Department test procedure needs to be modified to allow the introduction ofcool airto the refrigerator condenser coiL This refrigerator modification (specifically, the addition oftubes conveying outdoor airto the refrigerator) may cause increased infiltration ofoutdoor air to the building, whichwould affect the
energy consumption ofthe building containing the refrigerator as well as the refrigerator itself.

The Department agrees that the
current test procedure does not account for the total energy savings ofthe ESE refrigerator modification. Clearly, this inventionwould require modification to the test procedure, but, for two reasons, the "Petition for Waiver" process is not appropriate.

First, waivers to the test procedure are applicable when "basic models" have design features that reqUire exceptional
treatment and are applicable only to the model in question. No models are currently manufactured incorporating this invention, nor is the invention beingproduced for retrofitting on refrigerators.

Second, ifthe invention were put to
use, the nature ofthe invention might require a fundamental change to the refrigerator test procedure because of the interaction ofthe inventionwith the building energy consumption.

The Department is publishing the letter from ESE, and, to facilitate understanding ofthe invention, a digest (Attachment A), which the Department has extracted from the patent. The patent is United States PatentNumber 5,291,749, Energy Efficient Domestic Refrigeration System, granted to Edward 

### R. Schulak, 567 Aspen, Birmingham, Michigan 48009, on March 8, 1994. The Department has identified several issues where comments are specifically requested. These issues are as follows, including, but not limited to:

• The effects ofthe invention on building energy consumption;

• Manufacturability ofthe invention;

• Retrofitting the invention into existing dwellings;

## 37604 Federal Register 

## I Vol. 60, No. 140 / Friday, July 21, 1995 / Proposed Rules

• Method oftesting the invention to determine energy savings.

The Department solicits comments, data, and information respecting the letter.

By publishing this letter and requestingcomments, the Department is
not expressing a view as to the technical feasibility or economicjustificationof this mechanism as an energy saving device to be usedwith refrigerators and refrigerator-freezers.

Issued inWashington. DC. onJuly 13. 1995. Christine A. Ervin,


### AssistantSecretary. EnergyEfficiencyand RenewableEnergy.

Edward SchulakEquities, Inc.
Christine Ervin. Assistant Secretary for Energy Efficiency and Renewable Energy. March 14. 1995.
Mr. Michael

### J. McCabe. Director. Office of Codes and Standards. U.S. Department of Energy. 1000Independence Ave

.. SW

.. Washington. DC 20585. Ladies and Gentlemen: 1. 

### Petitionfor Waiver-In accordance with 10 CFR, Part 430.27 this isa Petition for Waiver from the
testprocedure set forth in 10 CFR, Part 430. Subpart B. Appendix A-I. adopted August 10. 1982 and revisedJanuary 1. 1993 and for the use ofan alternate test procedure described inparagraph 4below. (Edward Schulak Equities. Inc. "ESE" recognizes thC/t the Waiver process maynot be the appropriate forum and we would like this request to be considered in whateverforum the Department ofEnergy "DOE" would consider appropriate, suchas a Petition for Rule Making.) ESE has been granted U.S. Patent No. 5291749 whichdocuments a unique technological breakthrough for which the required Appendix A-I test procedure' referenced above will not produce energy consumption results whichcorrectly representthe enhanced energy savings possible and thereby the performance ofthis refrigerator.

2. 

### BackgroundInformation-ESE was granted U.S. Patent No. 5291749 Titled: Energy Efficient Refrigeration System which documents a method ofsavingenergy through increased efficiency in any commerCially available refrigerator modeL The company is familiar with DOE test procedures (specifically 10 CFR Part 430) and the FTC Energyguide labeling requirements. Further. the company engaged ETL Testing Laboratories "ETL" to independently confirm the validity ofthe energy savings possible withthe above referenced patent. andto confirm the ineffectiveness ofthe existing DOE testing proceduresto accurately produce energy consumption results withthe above referenced patent (a copyofthe ETL Reports No. 536692A. 538479B &539826 are included as Exhibits A. B &C). In our opinion. the applicable DOE test procedure. which was designed for selfcontained units, has no provision to test a unitwhich transfers energy from cool external air into the unit's refrigeration cycle and thereby reducing the unit's overall energy consumption. The introduction ofexternal cool air blown across the refrigerators condenser and compressor can be adapted to any rear orbottom mounted condensermodel and has demonstrated (as confirmed by ETL)
energy savings in excess of25% oftotal
power consumed by the unit.



### 3. Specific TestProcedureProblems-With thetest conditions and procedures currently prescribed by DOE. energy consumption ofa refrigerator equipped to allow the ingress of cool air over the condenser/compressor would notbe addressed. The existing test procedures were written strictly for self contained models. A test procedure to standardize the energy savings achieved on models equipped to receive external cool air is currently not allowed and therefore the
energy savings cannot be offiCially measured and documented.

As a result the dollar savings achieved through this technology can notbe listed on the FTC Energyguide label and buyers can not be informed ofthe savings possible by purchasing a refrigerator engineered to utilize cool external air. It shouldbe notedthatthere is already different testprocedures established for measuring the energy consumption ofunvented home heating eqUipment (part 430. SubpartB, Appendix G) from that ofvented home heating equipment (part 430. SubpartB. Appendix 0). With this

new technological breakthroughthere is now

reason to consider a similar vented and unvented test procedure for refrigerators and freezers.

4. 

### Alternate Test Procedures-Atthe presenttime ESE does not have a proposed alternatetest method for refrigerator/freezer utilizingthistechnology. However. the work commissioned by ESE and completed by ETL provides a basis for developing a simple test procedure for refrigerator/freezers adapted to accept external cool air as proposed by ESE. The trials at ETL suggest that no existing DOE test conditions or procedures need be modified or deleted. buta provision needsto be added to allow the introduction of external air at specific temperature (of) and airspeed (cfm) across the unit's condenser!
compressor. The existing DOE test formulas and procedureswould be unaltered. While the cool air would be introduced into and out ofthe unit. the unit is tested in full ' accordance with the eXisting 10 CFR, Part 430. For clarity, no test procedure need be altered or changed. but simply the conditions be expanded to allow cool air to be introduced in a consistent. repeatable

mannerto ensure that both the energy saved is measured in a consistentmannerand that the savings can correspondinglybe listed on the FTC Energyguide labeL

5. 

### Public Policy Considerations-Since innovation isan essential part ofthe Congressionally mandated energy conservation programs, it is in the public interest for DOE to facilitate introduction of

newproduct technology like alternative air ductingwhich have the potential

### for saving
energy by reducingthe numberof
compressor cycles needed to keep a refrigerator/freezer cool.



### 6. Manufacturers-No existing appliance manufacturer in the United States market manufactures a model adapted to accept external cool air. In the discussionswe have hadwith manufacturers and their consultants. they have clearly indicated that there is no advantage for them to utilize
energy saving technology if itdoes qualify for the DOE Energuide Label. Manufacturers will
not consider incorporatingthis new technology because the associated energy savings can not be quantifiedunder the currently existing DOE Test conditions and procedures. Without an appropriate alternate
test procedure. the savings can notbe officially sanctioned and therefore are not allowed to be listed 

### on an FTC Energyguide label. The adaptation that allowsexternal cool air to flow over the condenserand
compressor could applyto anyexisting model sold presently in the United States.

Ifadditional information is required. please contact me at (810) 644-1500. Respectively. Edward Schulak, 

### President.
Enclosures:

Exhibit A-ETL Report No. 536692A Exhibit B-ETLReport No. 5291749 Exhibit C-ETLReport No. 538479B

AttachmentA



### "* * * the present invention provides an energy transfer system for a household refrigeration appliance. The energy transfer system includes a compartmentfor enclosing the condenser. which is associated with the refrigerator, and a setofconduits for enabling the transfer ofoutside airinto. through. and
outofthe compartment. The system also includes a movable barrierfor selectively controllingthe transfer ofairthrough the compartment. In one form ofthe present invention, the system also includes a thermostatically actuated fan for forcing outside air into. through. and outofthe compartment inresponse 

### to a predetermined temperature.

"The setofconduits preferably includes a first conduitfor enablingthe transfer of outside air to the compartment. and a second conduitfor enabling the transfer ofairfrom the compartment to the outside environment. Each ofthese conduits are disposed such that they exterid through an external wall ofsaid household. To facilitate the convection flow ofair. the outlet ofone conduitis connected
tothe compartment at a location which is lowerthan an inlet connection ofthe other conduit.

"Referring to Figure 1. a perspective view ofa household refrigeration appliance (10). in accordance withthe present invention, is shown. More specifically. the household refrigeration appliance depicted inFigure 1 is a domestic refrigeratorwhich has been retro-fitted withthe energy transfer system (12). in accordance withthe present invention. However. it shouldbe understood thatthe principals [sic] ofthe present inventions are equally applicable to a domestic refrigerator. which has been constructed at the originatingfactory to include a built-in energy transfer system.

"As shownin Figure 1. the refrigerator (10) generally includes at least 

### one door (14)

across its front and a serpentine tube

### Federal Register / 

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## 37605

condenser (16) mounted across its back. As is well known in the field, the condenser (16) is connected to the discharge end ofa pump to compress a refrigerant fluid, such as freon, from a gaseous phase to a liquid phase. This process creates heat which must be removed in orderfor the refrigeration cycle to work.

"With this household refrigerator arrangement, the heat produced at the condenser (16) is simplyreleased into the

area ofthe home which surrounds the refrigerator. However, in accordance with the present invention, a compartment (24) is used to enclose the condenser (16). As shown in Figure 1, the compartment (24) may be comprised ofa five-sided molded fiberglass shell, which is mounted to the exterior side ofthe refrigerator (10) where the condenser (16) is located. In this regard, the compartment (24) includes a flange (26) which extends around its peripheryto enable the compartment to be secured to the refrigerator (10) overthe condenser (16), such

as with a plurality ofspaced screws. However, it should be understood that the compartment may be comprised ofother suitable materials, and maytake other suitable shapes in the appropriate application. Forexample, with a factory built-in energy transfer system, the compartment (24) may be formed integrally with a side ofthe refrigerator (10), suchthat the consumer need notdiscern that the compartment is included as part ofthe refrigerator body. Additionally, the compartment (24) may be constructed such that it includes an insulative layer in order
to more fully control the transfer ofheat from the condenser (16).

"The energy transfer system (12) also includes one ormore passageways for enablingthe transfer ofheat out ofthe compartment (24), and for selectively utilizing outside air in this process. Thus, for example, as shown in Figures 1 and 2, the
energy transfer system (12) includes a first conduit (28), which enables cool air from outside ofthe hometo enter the compartment (24), and a second conduit (30), which enables air from inside the compartmentto be released outside ofthe home. Inthis regard, both ofthese figures show an exterior wall (32) ofthe household wall, and the conduits (28) and (30), constructed such that they are able to extend through this exterior wall. The conduits (28) and (30) maybe made ofany suitable material which is appropriate for this purpose (e.g., sheet metal

orflexible insulated duct), and the conduits
may be connected to the compartment in a variety ofways.

"It should also be noted that the first conduit (28) is connected to the compartment (24) at a location which is lowerthan that where the second conduit (30) is connected
to the compartment. This arrangement is used to facilitate outside airfrom through the first conduit (28) into the compartment, through the compartment, and out ofthe second conduit (30), by heat convection. While the conduits (28, 30) are shown to be relatively straight pipes ortubes, it should be understood that other suitable shapes may be employed, dependingupon such considerations as the available space and the distance between the refrigerator (10) and the exterior wall (32).

"Figures 1and 2 also show the provision ofa fan (34), which may be used to force the flow ofoutside air into. through, and out of the compartment (24). While the fan (34) is shown to be connected to the compartment (24) in a waywhich is separate from the connection ofthe conduits (28, 30) to the compartment, it is preferred that the fan be connected in-line with the conduit (28), eitherwithin the conduit or adjacentto its outlet into the compartment. Additionally, it is preferred thatthe fan (34) be a thermostatically actuated fan, sothat its use may be carefully controlled to achieve the
most energy efficient benefit. "Additionally, as shown in Figures 1 and 2, the energy transfer system (12) also includes a movable barrier orwall, in one or both ofthe conduits (28, 30) to control the flow ofairthrough the compartment (24). In

one form ofthe present invention, this movable barrier is comprised ofa butterfly valve (36), which may be used to prevent or enable the flow ofoutside air into the compartmentvia a butterflyvalve disposed in one orboth ofthe conduits (28, 30). For example, in the case ofbutterfly valve (36) disposed in the second conduit (30), the flow ofoutside airthrough the first conduit (28) could provide sufficientforce to open the butterflyvalve, and thereby, permit the
escape ofair from the compartment (24) through the second conduit.

"From the above, it should be understood that the energy transfer system (12) conveys energy in the form ofcool outside air to the condenser (16), in orderto reduce the energy ofthe refrigeration process.

"Thus, in accordance with the present invention, the fan (34) maybe actuatedwhen the outside air temperature drops to a predetermined threshold level (e.g., 37°C), as the energy efficiency achievedwill be greater than the energy consumed by the fan. Alternatively, it should be appreciated that the refrigerator (10) may already include a fan which maybe used to divert some air flow into the compartment (24) from the outside. The energytransfer system (12) may also include a thermostatically actuated valve, such as the valve which would enable ambient airfrom inside the household (e.g., 20°C.) to enterthe compartment (24) when the outside airtemperature is above a particularthreshold level (e.g., 37°C). In this
way, the compartment (24) will always be provided with a sufficient supplyofair flow
to cool the condenser (16)."

BILLING CODE 6450-01-P

## 37606 Federal Register / 

### Vol. 60. No. 140 / Friday. July 21. 1995 / Proposed Rules**~** ___ 01

[FR Doc. 95-18037 Filed 7-20-95; 8:45 am)

BILLING CODE 6450-01-C 

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