Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Notices 55769 

1For editorial reasons, upon codification in the 

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

capabilities of the National Laboratories 

and review the use of laboratorydirected research and development 

(LDRD) to meet the Department’s 

science, energy, and national security 

goals. 

Purpose of the Meeting: This meeting 

is the third meeting of the Commission. 

Tentative Agenda: The meeting will 

start at 10:30 a.m. on October 6. The 

tentative meeting agenda includes a 

review of work by the DOE National 

Laboratories supporting other agencies, 

as well as a discussion of technology 

transfer and technology partnering at 

the laboratories. Key presenters will 

address and discuss these topics with 

comments from the public. The meeting 

will conclude at 4:00 p.m. 

Public Participation: The meeting is 

open to the public. Individuals who 

would like to attend must RSVP to 

Karen Gibson no later than 5:00 p.m. on 

Wednesday, October 1, 2014, by email 

at: crenel@hq.doe.gov. Please provide 

your name, organization, citizenship, 

and contact information. Anyone 

attending the meeting will be required 

to present government issued 

identification. Individuals and 

representatives of organizations who 

would like to offer comments and 

suggestions may do so at the end of the 

meeting. Approximately 30 minutes will 

be reserved for public comments. Time 

allotted per speaker will depend on the 

number who wish to speak but will not 

exceed 5 minutes. The Designated 

Federal Officer is empowered to 

conduct the meeting in a fashion that 

will facilitate the orderly conduct of 

business. Those wishing to speak 

should register to do so beginning at 

10:30 a.m. on October 6. 

Those not able to attend the meeting 

or who have insufficient time to address 

the committee are invited to send a 

written statement to Karen Gibson, U.S. 

Department of Energy, 1000 

Independence Avenue SW., 

Washington, DC 20585, or to email at: 

crenel@hq.doe.gov. 

Minutes: The minutes of the meeting 

will be available on the Commission’s 

Web site at: http://energy.gov/

labcommission. 

Issued in Washington, DC, on September 

11, 2014. 

LaTanya R. Butler, 

Deputy Committee Management Officer. 

[FR Doc. 2014–22190 Filed 9–16–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–041] 

Extension of Waiver to Panasonic 

Appliances Refrigeration Systems 

Corporation of America Corporation 

From the Department of Energy 

Residential Refrigerator and 

Refrigerator-Freezer Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Extension of Waiver. 

SUMMARY: The U.S. Department of 

Energy (DOE) is granting a waiver 

extension (Case No. RF–041) to 

Panasonic Appliances Refrigeration 

Systems Corporation of America 

(PAPRSA) to waive the requirements of 

the DOE electric refrigerator and 

refrigerator-freezer test procedures for 

determining the energy consumption of 

a specific hybrid basic model, 

PR5180JKBC. Under today’s extension, 

PAPRSA shall be required to test and 

rate this hybrid wine chiller/beverage 

center basic model using an alternate 

test procedure that requires PAPRSA to 

test the wine chiller compartment at 

55 °F instead of the prescribed 

temperature of 39 °F per title 10 of the 

Code of Federal Regulations (10 CFR) 

part 430, subpart B, appendix A. 

PAPRSA shall also use the K factor 

(correction factor) value of 0.85 when 

calculating the energy consumption. 

DATES: This extension of waiver is 

effective September 17, 2014. 

FOR FURTHER INFORMATION CONTACT:

Mr. Bryan Berringer, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371, Email: 

Bryan.Berringer@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with 10 CFR 430.27(g), DOE 

gives notice of the issuance of its 

extension of waiver as set forth below. 

The extension of waiver grants PAPRSA 

a waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedures found in 10 CFR part 430, 

subpart B, appendix A for certain basic 

models of hybrid wine chiller/beverage 

center products, provided that PAPRSA 

tests and rates such products using the 

alternate test procedure described in 

this notice. Today’s extension prohibits 

PAPRSA from making representations 

concerning the energy efficiency of 

these products unless the product has 

been tested in a manner consistent with 

the provisions and restrictions in the 

alternate test procedure set forth in the 

extension below, and the 

representations fairly disclose the test 

results. Distributors, retailers, and 

private labelers are held to the same 

standard when making representations 

regarding the energy efficiency of these 

products. 42 U.S.C. 6293(c). 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified) established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the residential electric 

refrigerators and refrigerator-freezers 

that are the focus of this notice.1 Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

that measure energy efficiency, energy 

use, or estimated operating costs, and 

that are not unduly burdensome to 

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

procedure for residential electric 

refrigerators and refrigerator-freezers is 

set forth in 10 CFR part 430, subpart B, 

appendix A. 

DOE’s regulations allow a person to 

seek a waiver from the test procedure 

requirements for a particular basic 

model of a type of covered consumer 

product when (1) the petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

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55770 Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Notices 

representative of its energy 

consumption characteristics. 

The granting of a waiver is subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

430.27(f)(2). As soon as practicable after 

the granting of any waiver, DOE will 

publish in the Federal Register a notice 

of proposed rulemaking to amend its 

regulations so as to eliminate any need 

for the continuation of such waiver. As 

soon thereafter as practicable, DOE will 

publish in the Federal Register a final 

rule. 10 CFR 430.27(l). The waiver 

process also allows the granting of an 

interim waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. 10 CFR 

430.27(e). Within one year of issuance 

of an interim waiver, DOE will either: (i) 

Publish in the Federal Register a 

determination on the petition for 

waiver; or (ii) Publish in the Federal 

Register a new or amended test 

procedure that addresses the issues 

presented in the waiver. 10 CFR 

430.27(h)(1). 

A petitioner may request that DOE 

extend the scope of a waiver or an 

interim waiver to include additional 

basic models employing the same 

technology as the basic model(s) set 

forth in the original petition. DOE will 

publish any such extension in the 

Federal Register. 10 CFR 430.27(g). 

II. PAPRSA’s Extension of Waiver: 

Assertions and Determinations 

On July 2, 2014, PAPRSA requested 

an extension of its previous waivers 

(Case Nos. RF–022 and RF–031) under 

10 CFR 430.27(g) for its hybrid wine 

chiller/beverage center basic model, 

PR5180JKBC pertaining to appendix A 

to subpart B of 10 CFR part 430. Because 

PAPRSA has elected to utilize 

Appendix A to Subpart B of Part 430 

prior to the September 15, 2014 effective 

date to measure the energy consumption 

of its new basic hybrid model, testing of 

the refrigerated beverage compartment 

will be conducted at 39 °F as specified 

in Appendix A, as opposed to 38 °F as 

specified in the Appendix A1 test 

method under which PAPRSA’s waiver 

hybrid models were previously 

certified. DOE is publishing PAPRSA’s 

extension of waiver in its entirety. 

DOE granted a similar waiver to 

PAPRSA through an interim waiver (78 

FR 35894 (June 14, 2013)) and a 

subsequent Decision and Order (78 FR 

57139 (September 17, 2013)) under Case 

No. RF–031. Additionally, DOE granted 

a similar waiver to Sanyo E&E 

Corporation (Sanyo) through an interim 

waiver (77 FR 19654 (April 2, 2012)) 

and a subsequent Decision and Order 

(77 FR 49443 (August 16, 2012)) under 

Case No. RF–022. On October 4, 2012, 

DOE issued a notice of correction to the 

Decision and Order incorporating a K 

factor (correction factor) value of 0.85 

when calculating the energy 

consumption (77 FR 60688). Sanyo E&E 

Corporation has since changed its 

corporate name to Panasonic 

Appliances Refrigeration Systems 

Corporation of America, meaning that it 

is the same manufacturer to which DOE 

granted the August 2012 waiver. 

PAPRSA submitted a petition for waiver 

and application for interim waiver from 

the test procedure applicable to 

residential electric refrigerators and 

refrigerator-freezers set forth in 10 CFR 

Part 430, subpart B, appendix A1. In its 

petition, PAPRSA sought a waiver from 

the existing DOE test procedure 

applicable to refrigerators and 

refrigerator-freezers under 10 CFR Part 

430 for PAPRSA’s hybrid models that 

consist of single-cabinet units with a 

refrigerated beverage compartment in 

the top portion and a wine storage 

compartment in the bottom of the units. 

DOE issued guidance that clarified the 

test procedures to be used for hybrid 

products such as the PAPRSA model at 

issue here: http://www1.eere.energy.gov/ 

buildings/appliance_standards/

residential/pdfs/refrigerator_definition_

faq.pdf. This guidance specifies that 

basic models such as the ones PAPRSA 

identifies in its petition, which do not 

have a separate wine storage 

compartment with a separate exterior 

door, are to be tested according to the 

DOE test procedure in Appendix A1, 

with the temperatures specified therein. 

PAPRSA asserts that the wine storage 

compartment cannot be tested at the 

prescribed temperature of 38 °F, because 

the minimum compartment temperature 

is 45 °F. PAPRSA submitted an alternate 

test procedure to account for the energy 

consumption of its wine chiller/

beverage centers. That alternate 

procedure would test the wine chiller 

compartment at 55 °F, instead of the 

prescribed 38 °F. To justify the use of 

this standardized temperature for 

testing, PAPRSA stated in its petition 

that it designed these models to provide 

an average temperature of 55 to 57 °F, 

which it determined is a commonly 

recommended temperature for wine 

storage, suggesting that this temperature 

is presumed to be representative of 

expected consumer use. 77 FR 19656. 

DOE notes that the test procedures for 

wine chillers adopted by the 

Association of Home Appliance 

Manufacturers (AHAM), California 

Energy Commission (CEC), and Natural 

Resources Canada all use a standardized 

compartment temperature of 55 °F for 

wine chiller compartments, which is 

consistent with PAPRSA’s approach. 

III. Conclusion 

After careful consideration of all the 

material submitted by PAPRSA, it is 

ordered that: 

(1) The extension of waiver submitted 

by the Panasonic Appliances 

Refrigeration Systems Corporation of 

America (Case No. RF–041) is hereby 

granted as set forth in the paragraphs 

below. 

(2) PAPRSA shall be required to test 

and rate the following PAPRSA model 

according to the alternate test procedure 

set forth in paragraph (3) below: 

PR5180JKBC 

(3) PAPRSA shall be required to test 

the products listed in paragraph (2) 

above according to the test procedures 

for electric refrigerator-freezers 

prescribed by DOE at 10 CFR part 430, 

Appendix A, except that, for the 

PAPRSA products listed in paragraph 

(2) only, test the wine chiller 

compartment at 55 °F, instead of the 

prescribed 39 °F. 

PAPRSA shall also use the K factor 

(correction factor) value of 0.85 when 

calculating the energy consumption of 

one of the models listed above. 

Therefore, the energy consumption is 

defined by the higher of the two values 

calculated by the following two 

formulas (according to 10 CFR part 430, 

subpart B, Appendix A): 

Energy consumption of the wine 

compartment: 

EWine = ET1 + [(ET2–ET1) × (55 °F– 

TW1)/(TW2–TW1)] *0.85 

Energy consumption of the 

refrigerated beverage compartment: 

EBeverage Compartment = ET1 + [(ET2– 

ET1) × (39 °F–TBC1)/(TBC2– 

TBC1)]. 

(4) Representations. PAPRSA may 

make representations about the energy 

use of its hybrid wine chiller/beverage 

center products for compliance, 

marketing, or other purposes only to the 

extent that such products have been 

tested in accordance with the provisions 

outlined above and such representations 

fairly disclose the results of such 

testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(l). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

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Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Notices 55771 

1The first waiver granted in Case No. RF–022 was 

issued to SANYO E&E Corporation. Effective April 

1, 2013, SANYO E&E Corporation changed its 

corporate name to Panasonic Appliances 

Refrigeration Systems Corporation of America. 

Throughout this Petition, PAPRSA will be used to 

refer to both SANYO E&E Corporation and 

Panasonic Appliances Refrigeration Systems 

Corporation of America, unless otherwise indicated. 

2PAPRSA notes at the outset that its waiver 

hybrid models were tested and certified by 

incorporating the standards contained 10 C.F.R. 

§ 430, subpart B, appendix A1 as they relate to the 

refrigerated beverage compartment of these single 

cabinet units. For the new basic hybrid model, 

PAPRSA is electing to utilize 10 C.F.R. § 430, 

subpart B, appendix A prior to the September 15, 

2014 effective date to measure the energy 

consumption of its new basic hybrid model. 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

(7) This waiver applies only to those 

basic models set out in PAPRSA’s July 

2, 2014 extension of waiver. Granting of 

this extension does not release a 

petitioner from the certification 

requirements set forth at 10 CFR part 

429. 

Issued in Washington, DC, on September 

10, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

BEFORE THE 

U.S. DEPARTMENT OF ENERGY 

Washington, DC 20585 

In the Matter of: Panasonic 

Appliances Refrigeration Systems 

Corporation of America, Petitioner 

Case Number: RF–022; RF–301 

REQUEST FOR EXTENSION OF 

WAIVER AND INTERIM WAIVER 

Panasonic Appliances Refrigeration 

Systems Corporation of America 

(‘‘PAPRSA’’) respectfully submits this 

Request for Extension of Waiver and 

Interim Waiver (‘‘Request’’) pursuant to 

10 C.F.R. § 430.27(g). PAPRSA intends 

to introduce a new basic hybrid wine 

chiller/beverage center model (‘‘hybrid 

model’’) listed below that contains the 

same design characteristics that prevent 

testing of the basic model according to 

the test procedures prescribed in 10 

C.F.R. § 430, subpart B, appendix A and 

for which PAPRSA received two 

previous waivers and interim waivers as 

a result. As detailed more fully below, 

the Department of Energy (‘‘DOE’’) has 

previously granted PAPRSA 1 two 

separate waivers from DOE’s electric 

refrigerator and refrigerator-freezer test 

procedures for determining the energy 

consumption of substantially similar 

hybrid models in Case Nos. RF–022 and 

RF–301 (the ‘‘waiver hybrid models’’).2

PAPRSA has developed a new basic 

hybrid model, PR5180JKBC, that 

contains the same design characteristics 

as its waiver hybrid models that make 

it impossible to certify, rate, and sell 

this new hybrid model under the 

existing testing procedures. PAPRSA 

therefore respectfully requests that DOE 

extend the previously granted waivers 

and interim waivers to these new basic 

hybrid models and that it be permitted 

to employ the alternative testing method 

for this new basic hybrid model that has 

already been approved by DOE for the 

waiver hybrid models. 

1. Existing Waiver Background and 

Product Characteristics of PAPRSA’s 

Hybrid Models 

On June 2, 2011, PAPRSA submitted 

a petition for waiver with respect to the 

test procedures for its waiver hybrid 

models that consist of a combination of 

a refrigerated ‘‘beverage’’ compartment 

in the top portion of these single-cabinet 

units and a wine storage compartment 

on the bottom of the units, and for 

which an alternative testing procedure 

was necessary in order to certify, rate, 

and sell such models. The waiver 

hybrid models include the following 

models: JUB248LB, JUB248RB, 

JUB248LW, JUB248RW, KBCO24LS, 

KBCS24LS, KBCO24RS, KBCS24RS, and 

MBCM24FW. 

As PAPRSA previously explained, 

PAPRSA designed the wine storage 

compartments of its waiver hybrid 

models to operate between a minimum 

temperature of 45 °F and a maximum 

temperature of 64 °F, with an average 

temperature of 55 to 57 °F. In fact, 

heaters are used to ensure that the 

temperature in the wine storage 

compartment never drops below 45 °F, 

as wines chilled below this temperature 

risk becoming crystallized and, 

therefore, ruined. Currently, however, 

DOE’s testing procedures contained in 

10 C.F.R. § 430, subpart B, appendix A1, 

mandate that energy consumption be 

measured when the compartment 

temperature is set at 38 °F. Based on the 

design characteristics of its waiver 

hybrid models noted above, however, 

PAPRSA needed a waiver with respect 

to DOE’s testing procedures in order to 

properly ‘‘certify, rate, and sell such 

models,’’ because the existing test 

procedures contained in 10 C.F.R. § 430, 

subpart B, appendix A1, do not 

contemplate a product that is designed 

to be incapable of achieving a 

temperature below 45 °F. 

On April 2, 2012, DOE published 

PAPRSA’s previous petition for waiver 

and sought public comment, and DOE 

subsequently extended the deadline for 

comments after PAPRSA submitted a 

request for extension to clarify the scope 

of its original petition for waiver. See 

Federal Register, Vol. 77, No. 96, 

29331–29333. No comments were filed 

opposing the relief requested in 

PAPRSA’s petition for waiver. 

On August 9, 2012, DOE granted 

PAPRSA a waiver from DOE’s electric 

refrigerator and refrigerator-freezer test 

procedures for determining the energy 

consumption of the basic models listed 

in its June 2, 2011 petition for waiver. 

See Federal Register, Vol. 77, No. 159, 

49443–44. In permitting PAPRSA to test 

the wine chiller compartment at 55 °F, 

DOE noted ‘‘that the test procedures for 

wine chillers adopted by the 

Association of Home Appliance 

Manufacturers (AHAM), California 

Energy Commission (CEC), and Natural 

Resources Canada all use a standardized 

compartment temperature of 55 °F for 

wine chiller compartments, which is 

consistent with [PAPRSA’s] approach.’’ 

Id. at 49444. 

On September 26, 2012, DOE issued 

a correction to its August 9, 2012 order 

that incorporated the K factor 

(correction factor) value of .85 that 

PAPRSA should utilize when 

calculating the energy consumption of 

its waiver hybrid models. See Federal 

Register, Vol. 77, No. 193, 60688–89. 

Accordingly, DOE ultimately directed 

PAPRSA to utilize the following test 

procedure for its waiver hybrid models: 

Energy consumption is defined by the 

higher of the two values calculated by 

the following two formulas (according 

to 10 CFR part 430, subpart B, Appendix 

A1): 

Energy consumption of the wine 

compartment: 

EWine = (ET1 + [(ET2–ET1) × (55 °F– 

TW1)/(TW2–TW1)]) *0.85 

Energy consumption of the 

refrigerated beverage compartment: 

EBeverage Compartment = ET1 + [(ET2– 

ET1) × (38 °F–TBC1)/(TBC2– 

TBC1)]. 

See Federal Register, Vol. 77, No. 193 

at 60689. 

On April 29, 2013, PAPRSA 

submitted a second petition for waiver 

and interim waiver for a substantially 

similar hybrid model, SR5180JBC, that 

shares the same design characteristics 

that led DOE to approve PAPRSA’s June 

2, 2011 waiver request. No comments 

were filed opposing the relief requested 

in PAPRSA’s second petition for waiver 

and interim waiver. On September 17, 

2013, DOE again granted PAPRSA a 

waiver from DOE’s electric refrigerator 

and refrigerator-freezer test procedures 

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55772 Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Notices 

3As a result of electing to utilize Appendix A to 

Subpart B of Part 430 prior to the September 15, 

2014 effective date to measure the energy 

consumption of its new basic hybrid model, testing 

of the refrigerated beverage compartment will be 

conducted at 39 °F as specified in Appendix A, as 

opposed to 38 °F as specified in Appendix A1 and 

under which PAPRSA’s waiver hybrid models were 

previously certified. 

4Available at http://www.gc.energy.gov/

documents/LargeCapacityRCW_guidance_

122210.pdf. 

for determining the energy consumption 

of basic hybrid model SR5180JBC. See 

Federal Register, Vol. 78, No. 180, 

57139–41. 

2. Request to Extend Scope of 

Previously Granted Waivers and 

Interim Waivers to New Basic Hybrid 

Model under Previously Approved 

Alternative Testing Procedure 

As indicated above, PAPRSA has 

developed a new basic hybrid model, 

PR5180JKBC, that shares the same 

design characteristics that led DOE to 

approve PAPRSA’s two prior petitions 

for waiver. This new basic hybrid model 

is a single cabinet hybrid model that 

would be classified as a compact 

refrigerator with automatic defrost 

without through-the-door ice service, 

but which has a wine-chiller 

compartment designed for an average 

temperature of 55 to 57 °F. Just as 

PAPRSA’s waiver hybrid models, this 

new basic hybrid model contains a 

heater that makes it impossible for the 

temperature of the wine-chiller 

compartment to reach a temperature 

below 45 °F. Thus, testing this new 

hybrid model at 39 °F is simply not 

possible and not representative of the 

energy consumption characteristics of 

this new basic hybrid model. 

Further, this new basic hybrid model, 

just as PAPRSA’s waiver hybrid models, 

will have a door-opening usage aligned 

with household freezers, thus 0.85 

should also be the employed K factor 

(correction factor) for this basic hybrid 

model. See Appendix B1 to Subpart 

430, 5.2.1.1, because Subpart 430 does 

not recognize wine chiller as a category. 

In short, there are no material 

differences between this new basic 

hybrid model and PAPRSA’s waiver 

hybrid models as it impacts this 

Request. The design differences between 

the new basic hybrid model and the 

waiver hybrid models are the 

introduction of a more efficient 

compressor and new external electronic 

controls. Although the new basic hybrid 

model will be more energy efficient, the 

design characteristics of the new basic 

hybrid model are the same as the 

characteristics of PAPRSA’s waiver 

hybrid models that led DOE to grant the 

prior two waivers. Accordingly, 

PAPRSA respectfully requests that it be 

permitted to use the following testing 

procedure for its new basic hybrid 

model: 

Energy consumption is defined by the 

higher of the two values calculated by 

the following two formulas (according 

to 10 CFR part 430, subpart B, Appendix 

A): 

Energy consumption of the wine 

compartment: 

EWine = (ET1 + [(ET2–ET1) × (55 °F– 

TW1)/(TW2–TW1)]) *0.85 

Energy consumption of the 

refrigerated beverage compartment: 

EBeverage Compartment = ET1 + [(ET2– 

ET1) × (39 °F–TBC1)/(TBC2– 

TBC1)].3

Accordingly, PAPRSA respectfully 

requests that DOE extend the waivers 

that DOE previously granted it and that 

PAPRSA be permitted to use this 

approved alternative testing method to 

test, certify and rate the new basic 

hybrid models in the same manner as its 

waiver hybrid models subject to the 

existing waivers. 

3. Grounds for Interim Waiver 

Pursuant to 10 CFR part 430.27(b)(2), 

applicants for an interim waiver should 

address the likely success of their 

petition and what economic hardships 

and/or competitive disadvantages are 

likely to arise absent the grant of an 

interim waiver. 

As detailed above, it is highly likely 

that DOE will grant this Request, as 

PAPRSA is simply seeking to test a new 

basic hybrid model under the 

alternative testing procedure already 

approved twice by DOE for PAPRSA’s 

other hybrid models subject to the 

existing waivers. The new basic hybrid 

models contain no materially different 

design characteristics that should 

warrant a different result. 

Further, as DOE has previously stated, 

‘‘[f]ully recognizing that product 

development occurs faster than the test 

procedure rulemaking process, the 

Department’s rules permit 

manufacturers of models not 

contemplated by the test procedures 

. . . to petition for a test procedure 

waiver in order to certify, rate, and sell 

such models.’’ GC Enforcement 

Guidance on the Application of Waivers 

and on the Waiver Process at 2 (rel. Dec. 

23, 2010); 4 see also DOE FAQ Guidance 

Regarding Coverage of Wine Chillers, 

Etc. in the R/F Standard/Test Procedure 

at 2 (rel. Feb. 10, 2011) (‘‘DOE 

recognizes the potential disparity in 

treatment among these hybrid products. 

As DOE indicated . . . , the Department 

plans to engage in a future rulemaking 

to more comprehensively address these 

types of products.’’). 

Certain manufacturers design 

comparable hybrid models so that the 

beverage center compartment does not 

reach below 40 °F, and thus are not 

covered products under DOE’s 

regulations. Unless PAPRSA is granted 

an interim waiver, it will be at a 

competitive disadvantage by being 

unable to introduce the new basic 

hybrid model to compete with 

manufacturers that design their hybrid 

models in a manner that falls outside of 

DOE’s jurisdiction. 

Thus, given that this Request is likely 

to be granted and PAPRSA will face 

economic hardship unless an interim 

waiver is granted, permitting PAPRSA 

to immediately certify the new basic 

hybrid model under the alternative 

testing method already approved by 

DOE is in the public interest. 

Respectfully submitted, 

Alan G. Fishel 

Adam D. Bowser 

Arent Fox LLP, 1717 K St. NW., Washington, 

DC 20036–5369, (202) 857–6450, fishel.alan@

arentfox.com, bowser.adam@arentfox.com, 

Counsel for Panasonic Appliances 

Refrigeration Systems Corporation of 

America 

July 2, 2014 

[FR Doc. 2014–22175 Filed 9–16–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–040] 

Notice of Petition for Waiver of SubZero From the Department of Energy 

Residential Refrigerator and 

Refrigerator-Freezer Test Procedure 

and Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for Waiver, 

Notice of Granting Application for 

Interim Waiver, and Request for Public 

Comments. 

SUMMARY: This notice announces receipt 

and publication of a petition for waiver 

submitted by the Sub-Zero Group, Inc. 

from specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of electric refrigerators 

and refrigerator-freezers. Sub-Zero’s 

request pertains to the specific hybrid 

refrigerated ‘‘storage-wine storage’’ basic 

models set forth in its petition. Sub-Zero 

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