CAS-RM-80-118 COMMENT 17

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 RefrigeratorFreezer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of inquiry. 

SUMMARY: Today's document publishes 

a letter from Edward Schulak Equities, 

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 

Department is soliciting comments, 

data, and information respecting the 

request. 

DATES: The Department will accept 

comments, data, and information not 

later than August 21. 1995. 

ADDRESSES: Written comments and 

statements shall be sent to: Department 

of Energy, Office of Energy 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 

of Energy, Office of Energy 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 

of Energy. Office of General 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 

Conservation Policy Act (NECP A) . 

Public Law 95-619. 92 Stat. 3266, the 

National Appliance Energy 

Conservation Act of 1987 (NICE), Public 

Law 100-12, the National Appliance 

Energy Conservation Amendments of 

1988 (NICE 1988). Public Law 100-357. 

and the Energy Policy Act of 1992 

(EP ACT). 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 of energy 

consumption that will 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 Secretary to temporarily waive 

test procedures for a particular basic 

model when a petitioner shows that the 

basic model contains one or more 

design characteristics which prevent 

testing according to the prescribed test 

procedures. or when the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption as to 

provide materially inaccurate 

comparative data. 

On March 14, 1995. ESE submitted a 

letter regarding the refrigerator test 

procedures. This letter was 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 condenser coil. The 

device is a box placed around the coils. 

connected via small tubes to the outside 

of the house. The system also includes 

a movable barrier for selectively 

controlling the transfer of air to the box. 

The purpose of the invention is to 

reduce the energy consumption of the 

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 of a refrigerator equipped 

to allow the ingress of cool 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 that the existing Department test 

procedure needs to be modified to allow 

the introduction of cool air to the 

refrigerator condenser coiL This 

refrigerator modification (specifically, 

the addition of tubes conveying outdoor 

air to the refrigerator) may cause 

increased infiltration of outdoor air to 

the building, which would affect the 

energy consumption of the 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 of the ESE 

refrigerator modification. Clearly, this 

invention would 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 

being produced for retrofitting on 

refrigerators. 

Second, if the invention were put to 

use, the nature of the invention might 

require a fundamental change to the 

refrigerator test procedure because of 

the interaction of the invention with the 

building energy consumption. 

The Department is publishing the 

letter from ESE, and, to facilitate 

understanding of the invention, a digest 

(Attachment A), which the Department 

has extracted from the patent. The 

patent is United States Patent Number 

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 of the invention on 

building energy consumption; • Manufacturability of the invention; • Retrofitting the invention into 

existing dwellings; 
 CAS-RM-80-118 COMMENT 17

37604 Federal Register I Vol. 60, No. 140 / Friday, July 21, 1995 / Proposed Rules 

• Method of testing the invention to 

determine energy savings. 

The Department solicits comments, 

data, and information respecting the 

letter. 

By publishing this letter and 

requesting comments, the Department is 

not expressing a view as to the technical 

feasibility or economic justification of 

this mechanism as an energy saving 

device to be used with refrigerators and 

refrigerator-freezers. 

Issued in Washington. DC. on July 13. 

1995. 

Christine A. Ervin, 

Assistant Secretary. Energy Efficiency and 

Renewable Energy. 

Edward Schulak Equities, 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. 1000 Independence Ave .. SW .. 

Washington. DC 20585. 

Ladies and Gentlemen: 1. Petition for 

Waiver-In accordance with 10 CFR, Part 

430.27 this is a Petition for Waiver from the 

test procedure set forth in 10 CFR, Part 430. 

Subpart B. Appendix A-I. adopted August 

10. 1982 and revised January 1. 1993 and for 

the use of an alternate test procedure 

described in paragraph 4 below. (Edward 

Schulak Equities. Inc. "ESE" recognizes thC/t 

the Waiver process may not be the 

appropriate forum and we would like this 

request to be considered in whatever forum 

the Department of Energy "DOE" would 

consider appropriate, such as a Petition for 

Rule Making.) ESE has been granted U.S. 

Patent No. 5291749 which documents a 

unique technological breakthrough for which 

the required Appendix A-I test procedure' 

referenced above will not produce energy 

consumption results which correctly 

represent the enhanced energy savings 

possible and thereby the performance of this 

refrigerator. 

2. Background Information-ESE was 

granted U.S. Patent No. 5291749 Titled: 

Energy Efficient Refrigeration System which 

documents a method of saving energy 

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 of the energy savings possible 

with the above referenced patent. and to 

confirm the ineffectiveness of the existing 

DOE testing procedures to accurately 

produce energy consumption results with the 

above referenced patent (a copy of the 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 self contained units, 

has no provision to test a unit which 

transfers energy from cool external air into 

the unit's refrigeration cycle and thereby 

reducing the unit's overall energy 

consumption. The introduction of external 

cool air blown across the refrigerators 

condenser and compressor can be adapted to 

any rear or bottom mounted condenser model 

and has demonstrated (as confirmed by ETL) 

energy savings in excess of 25% of total 

power consumed by the unit. 

3. Specific Test Procedure Problems-With 

the test conditions and procedures currently 

prescribed by DOE. energy consumption of a 

refrigerator equipped to allow the ingress of 

cool air over the condenser/compressor 

would not be 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 not be listed on 

the FTC Energyguide label and buyers can 

not be informed of the savings possible by 

purchasing a refrigerator engineered to utilize 

cool external air. It should be noted that there 

is already different test procedures 

established for measuring the energy 

consumption of unvented home heating 

eqUipment (part 430. Subpart B, Appendix G) 

from that of vented home heating equipment 

(part 430. Subpart B. Appendix 0). With this 

new technological breakthrough there is now 

reason to consider a similar vented and 

unvented test procedure for refrigerators and 

freezers. 

4. Alternate Test Procedures-At the 

present time ESE does not have a proposed 

alternate test method for refrigerator/freezer 

utilizing this technology. 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. but a provision needs to 

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 procedures would be unaltered. While 

the cool air would be introduced into and out 

of the 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 

manner to ensure that both the energy saved 

is measured in a consistent manner and that 

the savings can correspondingly be listed on 

the FTC Energyguide labeL 

5. Public Policy Considerations-Since 

innovation is an essential part of the 

Congressionally mandated energy 

conservation programs, it is in the public 

interest for DOE to facilitate introduction of 

new product technology like alternative air 

ducting which have the potential for saving 

energy by reducing the number of 

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 discussions we have 

had with manufacturers and their 

consultants. they have clearly indicated that 

there is no advantage for them to utilize 

energy saving technology if it does qualify for 

the DOE Energuide Label. Manufacturers will 

not consider incorporating this new 

technology because the associated energy 

savings can not be quantified under the 

currently existing DOE Test conditions and 

procedures. Without an appropriate alternate 

test procedure. the savings can not be 

officially sanctioned and therefore are not 

allowed to be listed on an FTC Energyguide 

label. The adaptation that allows external 

cool air to flow over the condenser and 

compressor could apply to any existing 

model sold presently in the United States. 

If additional information is required. 

please contact me at (810) 644-1500. 

Respectively. 

Edward Schulak, 

President. 

Enclosures: 

Exhibit A-ETL Report No. 536692A 

Exhibit B-ETL Report No. 5291749 

Exhibit C-ETL Report No. 538479B 

Attachment A 

"* * * the present invention provides an 

energy transfer system for a household 

refrigeration appliance. The energy transfer 

system includes a compartment for enclosing 

the condenser. which is associated with the 

refrigerator, and a set of conduits for enabling 

the transfer of outside air into. through. and 

out of the compartment. The system also 

includes a movable barrier for selectively 

controlling the transfer of air through the 

compartment. In one form of the present 

invention, the system also includes a 

thermostatically actuated fan for forcing 

outside air into. through. and out of the 

compartment in response to a predetermined 

temperature. 

"The set of conduits preferably includes a 

first conduit for enabling the transfer of 

outside air to the compartment. and a second 

conduit for enabling the transfer of air from 

the compartment to the outside environment. 

Each of these conduits are disposed such that 

they exterid through an external wall of said 

household. To facilitate the convection flow 

of air. the outlet of one conduit is connected 

to the compartment at a location which is 

lower than an inlet connection of the other 

conduit. 

"Referring to Figure 1. a perspective view 

of a household refrigeration appliance (10). 

in accordance with the present invention, is 

shown. More specifically. the household 

refrigeration appliance depicted in Figure 1 

is a domestic refrigerator which has been 

retro-fitted with the energy transfer system 

(12). in accordance with the present 

invention. However. it should be understood 

that the principals [sic] of the present 

inventions are equally applicable to a 

domestic refrigerator. which has been 

constructed at the originating factory to 

include a built-in energy transfer system. 

"As shown in Figure 1. the refrigerator (10) 

generally includes at least one door (14) across its front and a serpentine tube 
 CAS-RM-80-118 COMMENT 17

Federal Register / Vol. 60, No. 140 / Friday, July 21, 1995 / Proposed Rules 37605 

condenser (16) mounted across its back. As 

is well known in the field, the condenser (16) 

is connected to the discharge end of a 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 order for the refrigeration cycle to work. 

"With this household refrigerator 

arrangement, the heat produced at the 

condenser (16) is simply released into the 

area of the 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 of a five-sided molded fiberglass 

shell, which is mounted to the exterior side 

of the refrigerator (10) where the condenser 

(16) is located. In this regard, the 

compartment (24) includes a flange (26) 

which extends around its periphery to enable 

the compartment to be secured to the 

refrigerator (10) over the condenser (16), such 

as with a plurality of spaced screws. 

However, it should be understood that the 

compartment may be comprised of other 

suitable materials, and may take other 

suitable shapes in the appropriate 

application. For example, with a factory 

built-in energy transfer system, the 

compartment (24) may be formed integrally 

with a side of the refrigerator (10), such that 

the consumer need not discern that the 

compartment is included as part of the 

refrigerator body. Additionally, the 

compartment (24) may be constructed such 

that it includes an insulative layer in order 

to more fully control the transfer of heat from 

the condenser (16). 

"The energy transfer system (12) also 

includes one or more passageways for 

enabling the transfer of heat out of the 

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 of the home to enter the compartment 

(24), and a second conduit (30), which 

enables air from inside the compartment to 

be released outside of the home. In this 

regard, both of these figures show an exterior 

wall (32) of the 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) may be 

made of any suitable material which is 

appropriate for this purpose (e.g., sheet metal 

or flexible insulated duct), and the conduits 

may be connected to the compartment in a 

variety of ways. 

"It should also be noted that the first 

conduit (28) is connected to the compartment 

(24) at a location which is lower than that 

where the second conduit (30) is connected 

to the compartment. This arrangement is 

used to facilitate outside air from through the 

first conduit (28) into the compartment, 

through the compartment, and out of the 

second conduit (30), by heat convection. 

While the conduits (28, 30) are shown to be 

relatively straight pipes or tubes, it should be 

understood that other suitable shapes may be 

employed, depending upon such 

considerations as the available space and the 

distance between the refrigerator (10) and the 

exterior wall (32). 

"Figures 1 and 2 also show the provision 

of a fan (34), which may be used to force the 

flow of outside air into. through, and out of 

the compartment (24). While the fan (34) is 

shown to be connected to the compartment 

(24) in a way which is separate from the 

connection of the conduits (28, 30) to the 

compartment, it is preferred that the fan be 

connected in-line with the conduit (28), 

either within the conduit or adjacent to its 

outlet into the compartment. Additionally, it 

is preferred that the fan (34) be a 

thermostatically actuated fan, so that 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 or wall, in one or 

both of the conduits (28, 30) to control the 

flow of air through the compartment (24). In 

one form of the present invention, this 

movable barrier is comprised of a butterfly 

valve (36), which may be used to prevent or 

enable the flow of outside air into the 

compartment via a butterfly valve disposed 

in one or both of the conduits (28, 30). For 

example, in the case of butterfly valve (36) 

disposed in the second conduit (30), the flow 

of outside air through the first conduit (28) 

could provide sufficient force to open the 

butterfly valve, and thereby, permit the 

escape of air 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 of cool outside air to the 

condenser (16), in order to reduce the energy 

of the refrigeration process. 

"Thus, in accordance with the present 

invention, the fan (34) may be actuated when 

the outside air temperature drops to a 

predetermined threshold level (e.g., 37°C), as 

the energy efficiency achieved will be greater 

than the energy consumed by the fan. 

Alternatively, it should be appreciated that 

the refrigerator (10) may already include a 

fan which may be used to divert some air 

flow into the compartment (24) from the 

outside. The energy transfer system (12) may 

also include a thermostatically actuated 

valve, such as the valve which would enable 

ambient air from inside the household (e.g., 

20°C.) to enter the compartment (24) when 

the outside air temperature is above a 

particular threshold level (e.g., 37°C). In this 

way, the compartment (24) will always be 

provided with a sufficient supply of air flow 

to cool the condenser (16)." 

BILLING CODE 6450-01-P 
 CAS-RM-80-118 COMMENT 17

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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