5784 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

1For editorial reasons, upon codification in the 

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

design is specific to these higher 

temperature applications. 

Very Respectfully, 

Arnie Stephens 

Research and Development Manager 

[FR Doc. 2012–2563 Filed 2–3–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–020] 

Decision and Order Granting a Waiver 

to Sub-Zero From the Department of 

Energy Residential Refrigerator and 

Refrigerator-Freezer Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–020) 

that grants to Sub-Zero, Inc. (Sub-Zero) 

a waiver from the DOE electric 

refrigerator and refrigerator-freezer test 

procedures for determining the energy 

consumption of residential refrigeratorfreezers for the basic models set forth in 

its petition for waiver. Under today’s 

decision and order, Sub-Zero shall be 

required to test and rate its refrigeratorfreezers with dual compressors using an 

alternate test procedure that takes this 

technology into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective February 6, 2012. 

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. 

Ms. Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103, (202) 586–7796, Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants Sub-Zero 

a waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedures found in 10 CFR part 430, 

subpart B, appendix A1 for certain basic 

models of refrigerator-freezers with dual 

compressors, provided that Sub-Zero 

tests and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

Sub-Zero from making representations 

concerning the energy efficiency of 

these products unless the product has 

been tested consistent with the 

provisions and restrictions in the 

alternate test procedure set forth in the 

decision and order below, and the 

representations fairly disclose the test 

results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

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

Issued in Washington, DC, on January 30, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: Sub-Zero, Inc. (Case 

No. RF–020) 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Pub. L. 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 which measure energy 

efficiency, energy use, or estimated 

operating costs, and that are not unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) The test procedure for 

residential electric refrigerators and 

refrigerator-freezers is set forth in 10 

CFR part 430, subpart B, appendix A1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver from the test 

procedure requirements for a particular 

basic model for covered consumer 

products when (1) the petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

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

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or the 

Assistant Secretary determines that it 

would be desirable for public policy 

reasons to grant immediate relief 

pending a determination on the petition 

for waiver. 10 CFR 430.27(g). 

II. Sub-Zero’s Petition for Waiver: 

Assertions and Determinations 

On September 6, 2011, Sub-Zero 

submitted a petition for waiver and 

application for interim waiver (petition) 

from the test procedure applicable to 

residential electric refrigerators and 

refrigerator-freezers set forth in 10 CFR 

Part 430, subpart B, appendix A1. SubZero is designing new refrigeratorfreezers that incorporate dual 

compressors. In its petition, Sub-Zero 

seeks a waiver from the existing DOE 

test procedure applicable to refrigerators 

and refrigerator-freezers under 10 CFR 

Part 430 for Sub-Zero’s dual compressor 

products. Sub-Zero states that the test 

procedure was designed to test 

independent, sealed systems while SubZero’s dual compressor products have 

shared systems. Sub-Zero further states 

that it may not be possible to use the 

DOE test procedure for these products, 

or that use of the DOE test procedure 

would provide inaccurate results. In its 

petition, Sub-Zero set forth an alternate 

test procedure developed in conjunction 

with an independent test laboratory. 

DOE did not receive any comments on 

the Sub-Zero petition. 

The DOE test procedure for dual 

compressor systems assumes 

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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 5785 

independent, sealed systems, while 

Sub-Zero dual compressor refrigerators 

have shared systems. As a result, it is 

not possible to test these products using 

the DOE test procedure, and use of the 

test procedure would provide test 

results so unrepresentative as to provide 

materially inaccurate comparative data. 

Sub-Zero worked with an independent 

testing laboratory to develop a test 

procedure that would accurately 

measure the energy consumption of its 

dual compressor products while 

alleviating the testing difficulties, and 

submitted the results as an alternate test 

procedure. DOE reviewed the alternate 

procedure and determined that it will 

alleviate the testing problems associated 

with Sub-Zero’s implementation of a 

dual compressor system while 

accurately measuring the energy 

consumption of these dual compressor 

products. 

III. Consultations with Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Sub-Zero petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Sub-Zero. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by Sub-Zero 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petition for waiver submitted 

by the Sub-Zero Inc. (Case No. RF–020) 

is hereby granted as set forth in the 

paragraphs below. 

(2) Sub-Zero shall be required to test 

and rate the following Sub-Zero models 

according to the alternate test procedure 

set forth in paragraph (3) below. 

700TCI 

700TR 

736TCI 

736TCIE 

736TR 

736TRE 

BI–30U/O 

BI–30U/S/PH 

BI–30U/S/TH 

BI–30UA/O 

BI–30UA/S/PH 

BI–30UA/S/TH 

BI–30UG/O 

BI–30UG/S/PH 

BI–30UG/S/TH 

BI–36S/O 

BI–36S/S/PH 

BI–36S/S/TH 

BI–36U/O 

BI–36U/S/PH 

BI–36U/S/TH 

BI–36UA/O 

BI–36UA/S/PH 

BI–36UA/S/TH 

BI–36UFD/O 

BI36UFD/S/PH 

BI36UFD/S/TH 

BI–36UG/O 

BI–36UG/S/PH 

BI–36UG/S/TH 

BI–42S/O 

BI–42S/S/PH 

BI–42S/S/TH 

BI–42SD/O 

BI–42SD/S/PH 

BI–42SD/S/TH 

BI–42SID/O 

BI–42SID/S/PH 

BI–42SID/S/TH 

BI–48S/O 

BI–48S/S/PH 

BI–48S/S/TH 

BI–48SD/O 

BI–48SD/S/PH 

BI–48SD/S/TH 

BI–48SID/O 

BI–48SID/S/PH 

BI–48SID/S/TH 

ID–36CI 

IT–27CI 

IT–30CI 

IT–30CIID 

IT–36CI 

IT–36CIID 

PRO48 

PRO48G 

PRO48HAG 

(3) Sub-Zero shall be required to test 

the products listed in paragraph (2) 

above according to the test procedures 

for electric refrigerator-freezers 

prescribed by DOE at 10 CFR part 430, 

appendix A1, except that, for the SubZero products listed in paragraph (2) 

only, replace the multiple defrost 

system section 5.2.1.4 of Appendix A1 

with the following: 

5.2.1.4 Dual Compressor Systems with 

Dual Automatic Defrost. The two-part 

test method in section 4.2.1 must be 

used, and the energy consumption in 

kilowatt-hours per day shall be 

calculated equivalent to: 

Where: 

• 1440 = number of minutes in a day 

• ET is the test cycle energy (kWh/day); 

• i is the variable that can equal to 1,2 or 

more that identifies the compartment with 

distinct defrost system; 

• D is the total number of compartments 

with distinct defrost systems; 

• EP1 is the dual compressor energy 

expended during the first part of the test (it 

is calculated for a whole number of freezer 

compressor cycles at least 24 hours in 

duration and may be the summation of 

several running periods that do not include 

any precool, defrost, or recovery periods); 

• T1 is the length of time for EP1 

(minutes); 

• EP2i is the total energy consumed during 

the second (defrost) part of the test being 

conducted for compartment i. (kWh); 

• T2i is the length of time (minutes) for the 

second (defrost) part of the test being 

conducted for compartment i. 

• CTi is the compressor on time between 

defrosts for only compartment i. CTi for 

compartment i with long time automatic 

defrost system is calculated as per 10 CFR 

part 430 subpart B appendix A1 clause 

5.2.1.2. CTi for compartment i with variable 

defrost system is calculated as per 10 CFR 

part 430 subpart B appendix A1 clause 

5.2.1.3. (hours rounded to the nearest tenth 

of an hour). 

Stabilization: 

The test shall start after a minimum 

24 hours stabilization run for each 

temperature control setting. 

Steady State for EP1: 

The temperature average for the first 

and last compressor cycle of the test 

period must be within 1.0°F (0.6°C) of 

the test period temperature average for 

each compartment. Make this 

determination for the fresh food 

compartment for the fresh food 

compressor cycles closest to the start 

and end of the test period. If multiple 

segments are used for test period 1, each 

segment must comply with above 

requirement. 

Steady State for EP2i: 

The second (defrost) part of the test 

must be preceded and followed by 

regular compressor cycles. The 

temperature average for the first and last 

compressor cycle of the test period must 

be within 1.0°F (0.6°C) of the EP1 test 

period temperature average for each 

compartment. 

Test Period for EP2i, T2i: 

EP2i includes precool, defrost, and 

recovery time for compartment i, as well 

as sufficient dual compressor steady 

state run cycles to allow T2i to be at 

least 24 hours. The test period shall start 

at the end of a regular freezer 

compressor on-cycle after the previous 

defrost occurrence (refrigerator or 


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5786 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

freezer). The test period also includes 

the target defrost and following regular 

freezer compressor cycles, ending at the 

end of a regular freezer compressor oncycle before the next defrost occurrence 

(refrigerator or freezer). If the previous 

condition does not meet 24 hours time, 

additional EP1 steady state segment data 

could be included. Steady state run 

cycle data can be utilized in EP1 and 

EP2i. 

Test Measurement Frequency 

Measurements shall be taken at 

regular interval not exceeding 1 minute. 

(4) Representations. Sub-Zero may 

make representations about the energy 

use of its dual compressor refrigeratorfreezer products for compliance, 

marketing, or other purposes only to the 

extent that such products have been 

tested in accordance with the provisions 

outlined above and such representations 

fairly disclose the results of such 

testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

(7) This waiver applies only to those 

basic models set out in Sub-Zero’s 

September 6, 2011 petition for waiver. 

Grant of this waiver does not release a 

petitioner from the certification 

requirements set forth at 10 CFR part 

429. 

Issued in Washington, DC, on January 30, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency Energy Efficiency and Renewable 

Energy 

[FR Doc. 2012–2564 Filed 2–3–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 14293–000] 

PacifiCorp; Notice of Application 

Accepted for Filing and Soliciting 

Comments, Motions To Intervene, 

Protests, Recommendations, and 

Terms and Conditions 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Type of Application: Conduit 

Exemption. 

b. Project No.: 14293–000. 

c. Date filed: September 27, 2011, and 

supplemented December 1, 2011, and 

January 12, 2012. 

d. Applicant: PacifiCorp. 

e. Name of Project: Granite 

Hydroelectric Project. 

f. Location: The proposed Granite 

Project would be located on a water 

supply pipeline in Salt Lake County, 

Utah. The land on which all the project 

structures are located is owned by the 

applicant. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791a–825r. 

h. Applicant Contact: Ms. Eve Davies, 

PacifiCorp., 1407 West North Temple, 

Salt Lake City, UT 84116, phone (801) 

220–2245. 

i. FERC Contact: Robert Bell, (202) 

502–6062, robert.bell@ferc.gov. 

j. Status of Environmental Analysis: 

This application is ready for 

environmental analysis at this time, and 

the Commission is requesting 

comments, reply comments, 

recommendations, terms and 

conditions, and prescriptions. 

k. Deadline for filing responsive 

documents: Due to the small size of the 

proposed project, as well as the resource 

agency consultation letters filed with 

the application, the 60-day timeframe 

specified in 18 CFR 4.34(b) for filing all 

comments, motions to intervene, 

protests, recommendations, terms and 

conditions, and prescriptions is 

shortened to 30 days from the issuance 

date of this notice. All reply comments 

filed in response to comments 

submitted by any resource agency, 

Indian tribe, or person, must be filed 

with the Commission within 45 days 

from the issuance date of this notice. 

Comments, protests, and 

interventions may be filed electronically 

via the Internet in lieu of paper; see 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site under the http://www.ferc.gov/docsfiling/efiling.asp. The Commission 

strongly encourages electronic filings. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person in the official service list 

for the project. Further, if an intervenor 

files comments or documents with the 

Commission relating to the merits of an 

issue that may affect the responsibilities 

of a particular resource agency, they 

must also serve a copy of the document 

on that resource agency. 

l. Description of Project: The Granite 

Project would consist of: (1) A proposed 

powerhouse containing one proposed 

generating unit with an installed 

capacity of 1,700 kilowatts; and (2) 

appurtenant facilities. The applicant 

estimates the project would have an 

average annual generation of 5.015 

gigawatt-hours. 

m. This filing is available for review 

and reproduction at the Commission in 

the Public Reference Room, Room 2A, 

888 First Street NE., Washington, DC 

20426. The filing may also be viewed on 

the Web at http://www.ferc.gov/docsfiling/elibrary.asp using the ‘‘eLibrary’’ 

link. Enter the docket number, P–14293, 

in the docket number field to access the 

document. For assistance, call toll-free 

1–(866) 208–3676 or email 

FERCOnlineSupport@ferc.gov. For TTY, 

call (202) 502–8659. A copy is also 

available for review and reproduction at 

the address in item h above. 

n. Development Application—Any 

qualified applicant desiring to file a 

competing application must submit to 

the Commission, on or before the 

specified deadline date for the 

particular application, a competing 

development application, or a notice of 

intent to file such an application. 

Submission of a timely notice of intent 

allows an interested person to file the 

competing development application no 

later than 120 days after the specified 

deadline date for the particular 

application. Applications for 

preliminary permits will not be 

accepted in response to this notice. 

o. Development Application—Any 

qualified applicant desiring to file a 

competing application must submit to 

the Commission, on or before the 

specified deadline date for the 

particular application, a competing 

development application, or a notice of 

intent to file such an application. 

Submission of a timely notice of intent 

allows an interested person to file the 

competing development application no 

later than 120 days after the specified 

deadline date for the particular 

application. Applications for 

preliminary permits will not be 

accepted in response to this notice. 

p. Protests or Motions to Intervene— 

Anyone may submit a protest or a 

motion to intervene in accordance with 

the requirements of Rules of Practice 

and Procedure, 18 CFR 385.210, 

385.211, and 385.214. In determining 

the appropriate action to take, the 

Commission will consider all protests 

filed, but only those who file a motion 

to intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any protests or 

motions to intervene must be received 

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