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1For editorial reasons, upon codification in the 

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

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 [degrees 1 F 

(0.6 [degrees 1 C) of the EPI 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 

freezer). The test period also includes the 

target defrost and following regular freezer 

compressor cycles, ending at the end of a 

regular freezer compressor on-cycle 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. 

* * * * * 

Attachment 2 

ZIC30GNDII 

ZIK30GNDII 

[FR Doc. 2013–10395 Filed 5–1–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–028] 

Notice of Petition for Waiver of GE 

Appliances 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 grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of a petition for waiver and application 

for interim waiver (hereafter, ‘‘petition’’) 

from GE Appliances (GE) regarding 

specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of residential electric 

refrigerators and refrigerator-freezers. In 

its petition, GE provides an alternate 

test procedure. DOE solicits comments, 

data, and information concerning GE’s 

petition and the suggested alternate test 

procedure. Today’s notice also grants 

GE an interim waiver from the 

residential electric refrigerator and 

refrigerator-freezer test procedure, 

subject to use of the alternative test 

procedure set forth in this notice. 

DATES: DOE will accept comments, data, 

and information with respect to the GE 

Petition until June 3, 2013. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–028,’’ by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include the case number [Case No. RF– 

028] in the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., Washington, DC 20024; (202) 

586–2945, between 9:00 a.m. and 4:00 

p.m., Monday through Friday, except 

Federal holidays. Available documents 

include the following items: (1) This 

notice; (2) public comments received; 

(3) the petition for waiver and 

application for interim waiver; and (4) 

prior DOE waivers and rulemakings 

regarding similar refrigerator-freezer 

products. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–2J, Forrestal Building, 

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, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–7796. Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

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 electric 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 the energy efficiency, 

energy use, or estimated annual 

operating costs of a covered product, 

and that are not unduly burdensome to 

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

procedure for electric refrigerators and 

refrigerator-freezers is contained in 10 

CFR part 430, subpart B, appendix A1. 

The regulations set forth in 10 CFR 

part 430.27 contain provisions that 

enable a person to seek a waiver from 

the test procedure requirements for 

covered products. The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (the Assistant 

Secretary) will grant a waiver if it is 

determined that the basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevents testing of 

the basic model according to the 

prescribed test procedures, or if the 

prescribed test procedures may evaluate 

the basic model in a manner so 

unrepresentative of its true energy 

consumption characteristics as to 

provide materially inaccurate 

comparative data. 10 CFR 430.27(l). A 

petitioner must include in its petition 

any alternate test procedures known to 

the petitioner to evaluate the basic 

model in a manner representative of its 

energy consumption. The Assistant 

Secretary may grant the 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). 

The waiver process also allows the 

Assistant Secretary to grant 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(g). An interim waiver remains in 

effect for 180 days or until DOE issues 


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its determination on the petition for 

waiver, whichever occurs earlier. DOE 

may extend an interim waiver for an 

additional 180 days. 10 CFR 430.27(h). 

II. Petition for Waiver of Test Procedure 

and Application for Interim Waiver 

On February 15, 2013, GE submitted 

via electronic mail an undated petition 

for waiver from the test procedure 

applicable to residential electric 

refrigerators and refrigerator-freezers set 

forth in 10 CFR part 430, subpart B, 

appendix A1. GE is designing new 

refrigerator-freezers with separate freshfood and freezer evaporators and a 

compressor that cycles in a non-uniform 

pattern. In its petition, GE seeks a 

waiver from the test procedure for 

refrigerator-freezers provided in 

appendix A1 because that test 

procedure does not provide a means to 

measure the energy use of products with 

multiple defrost cycles. The petition 

further states that, because of these 

models’ non-uniform compressor cycles, 

they cannot attain the 0.5 °F temperature 

differential between compressor cycles 

that is required in order to identify 

regular compressor operation using the 

method specified for the second part of 

the Appendix A test. Therefore, GE has 

asked to use an alternate test procedure. 

GE also requests an interim waiver 

from the existing DOE test procedure. 

An interim waiver may be granted if it 

is determined that the applicant will 

experience economic hardship if the 

application for 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 of the petition 

for waiver. 10 CFR 430.27(g). 

DOE has determined that GE’s 

application for interim waiver does not 

provide sufficient market, equipment 

price, shipments and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship GE might experience absent a 

favorable determination on its 

application for interim waiver. DOE has 

determined, however, that it is likely 

GE’s petition will be granted, and that 

it is desirable for public policy reasons 

to grant GE relief pending a 

determination on the petition. DOE has 

determined that it is desirable to have 

similar basic models tested in a 

consistent manner. 

For the reasons stated above, DOE 

grants GE’s application for interim 

waiver from testing of its refrigeratorfreezer product line with non-uniform 

compressor cycling. Therefore, it is 

ordered that: 

The application for interim waiver 

filed by GE is hereby granted for the 

specified GE refrigerator-freezer basic 

models with non-uniform compressor 

cycling, subject to the specifications and 

conditions below. GE shall be required 

to test or rate the specified refrigeratorfreezer products according to the 

alternate test procedure as set forth in 

section III, ‘‘Alternate Test Procedure.’’ 

The interim waiver applies to the 

following basic model groups: 

CYE23T*D**** 

PYE23P*D**** 

PYE23K*D**** 

PWE23K*D**** 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. GE may submit a 

subsequent petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional models of 

refrigerator-freezers for which it seeks a 

waiver from the DOE test procedure. In 

addition, DOE notes that a grant of an 

interim waiver or waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Further, this interim waiver is 

conditioned upon the presumed validity 

of statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify this interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver is 

incorrect, or upon a determination that 

the results from the alternate test 

procedure are unrepresentative of the 

basic models’ true energy consumption 

characteristics. 

III. Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures to make 

representations about the energy 

consumption and energy consumption 

costs of products covered by the statute. 

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

representations are important for 

manufacturers to use in making 

representations about the energy 

efficiency of their products and to 

demonstrate compliance with 

applicable DOE energy conservation 

standards. Pursuant to its regulations 

applicable to waivers and interim 

waivers from applicable test procedures 

at 10 CFR 430.27, DOE will consider 

setting an alternate test procedure for 

GE in a subsequent Decision and Order. 

In its petition, GE states that, because 

its new refrigerator-freezer models 

contain a separate fresh food evaporator, 

tests using the DOE test procedure for 

refrigerator-freezers at 10 CFR part 430, 

subpart B, appendix A1 (‘‘Appendix 

A1’’) would result in measurements of 

energy use that are not representative of 

these models’ actual energy use. DOE 

has previously issued test procedure 

waivers for models with this feature, 

and subsequently incorporated the test 

method authorized for use through these 

waivers in Appendix A, which will be 

required for use beginning on 

September 15, 2014. 77 FR 3574 (Jan. 

25, 2012) While the test method for 

systems with multiple defrost cycle 

types in section 4.2.4 of Appendix A 

appears to be more appropriate for these 

models than the test procedure of 

Appendix A1 based upon GE’s 

description, the petition also states that, 

because of their non-uniform 

compressor cycles, these models cannot 

attain the 0.5 °F temperature differential 

between compressor cycles that is 

required in order to identify regular 

compressor operation using the method 

specified for the second part of the 

Appendix A test (see section 4.2.1.1 of 

10 CFR part 430, subpart B, appendix 

A). 

As an alternative, GE proposes to use 

a test that is designed specifically for 

models with separate fresh food and 

freezer evaporators and with nonuniform compressor cycles. The 

proposed test would be based upon the 

current DOE test procedure for 

refrigerator-freezers in Appendix A1, 

except that it would use a modified 

version of the test period specified in 

section 4 and the energy use calculation 

for products with long-time or variable 

defrost control and multiple defrost 

cycle types in section 5.2.1.5 of 

Appendix A. As described by GE, Part 

2 of the test (T2i in the formula) would 

be defined as the series of cycles prior 

to and following the defrost period, 

identified as the A1–j and B1–k cycles, 

respectively. These cycles would be 

used to determine when the 0.5 °F 

temperature differential has been 

achieved. 

As an example, if the average 

temperatures for Part 1 of the test are 

37.8 °F and 0.2 °F in the fresh food and 

freezer compartments, respectively, and 

the temperatures for the Cycle B series 

of Part 2 of the test (i.e., Cycles BI–k), are 

as follows: 

Fresh food Freezer 

B1 ..................... 42.1 °F 4.3 °F 

B1–2 ................. 40.2 °F 2.1 °F 

B1–3 ................. 38.0 °F 0.0 °F 

then the average temperatures for the 

Cycle B series are 38.0 °F and 0.0 °F, 

which are within the 0.5 °F (0.3 °C) 


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requirement. In this example, Part 2 

ends after cycle B3. 

During the period of the interim 

waiver granted in this notice, GE shall 

test the products listed above according 

to the test procedures for residential 

electric refrigerator-freezers prescribed 

by DOE at 10 CFR part 430, subpart B, 

appendix A1, except that, for the GE 

products listed above only, include: 

1. In section 4, test period, the 

following: 

4. Test Period 

* * * * * 

4.2.1 Long-time Automatic Defrost 

with Nonuniform Compressor Cycling 

and Multiple Defrost Cycle Types. The 

two-part test described in this section 

shall be used. The first part is a stable 

period of compressor operation that 

includes no portions of the defrost 

cycle, such as precooling or recovery. 

The second part is designed to capture 

the energy consumed during all of the 

events occurring with the defrost 

control sequence that are outside of 

stable operation. The second part of the 

method will be conducted separately for 

each distinct defrost cycle type. 

4.2.1.1 Measurement Frequency. 

Measurements shall be taken at intervals 

not exceeding one minute. Steady state 

conditions as described in section 2.9 

shall be verified using measurements 

taken at intervals not exceeding one 

minute. 

4.2.1.2 The test period for the first 

part of the test shall start at the start of 

a compressor ‘‘on’’ cycle after steadystate conditions have been achieved and 

be no less than 3 hours in duration. 

During the test period, the compressor 

motor shall complete two or more whole 

compressor cycles. At the end of the test 

period both compartment temperatures 

(fresh food and freezer) shall be within 

0.5 °F (0.3 °C) of their measurements at 

the start of the test period. For this 

comparison, these compartment 

temperatures shall be measured at the 

start and end of the test period rather 

than averaged for the entire test period, 

but otherwise shall be defined as 

described in sections 5.1.3 and 5.1.4. If 

24 hours pass before the compartment 

temperatures meet this requirement, the 

test period shall comprise a whole 

number of compressor cycles lasting at 

least 24 hours. 

4.2.1.3 The second part of the test 

starts at the termination of the first part 

of the test. The average compartment 

temperatures as defined in sections 

5.1.3 and 5.1.4 for a whole number of 

compressor cycles occurring after the 

start of the test period and before the 

time that the defrost heater is energized 

must both be within 0.5 °F (0.3 °C) of 

their average temperatures measured for 

the first part of the test. The test period 

for the second part of the test ends at the 

start of a compressor ‘‘on’’ cycle after 

both compartment temperatures have 

fully recovered to their stable conditions 

after the defrost. The average 

compartment temperatures as defined in 

sections 5.1.3 and 5.1.4 for a whole 

number of compressor cycles occurring 

after temperature recovery and before 

the end of the test period must both be 

within 0.5 °F (0.3 °C) of their average 

temperatures measured for the first part 

of the test. See Figure 1. 


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2. In section 5, Test Measurements, 

the following: 

5.2.1.5 Long-time or Variable Defrost 

Control for Systems with Multiple 

Defrost cycle Types. The energy 

consumption in kilowatt-hours per day 

shall be calculated equivalent to: 

Where: 

1440 is defined in 5.2.1.1 and EP1, T1, and 

12 are defined in 5.2.1.2; 

i is a variable that can equal 1, 2, or more 

that identifies the distinct defrost cycle 

types applicable for the refrigerator or 

refrigerator-freezer; 

EP2i = energy expended in kilowatt-hours 

during the second part of the test for 

defrost cycle type i; 

T2i = length of time in minutes of the second 

part of the test for defrost cycle type i; 

CTi is the compressor run time between 

instances of defrost cycle type i, for longtime automatic defrost control equal to a 

fixed time in hours rounded to the 

nearest tenth of an hour, and for variable 

defrost control equal to 

(CTLi × CTMi)/(F × (CTMi ¥ CTLi) + CTLi); 

CTLi = least or shortest compressor run time 

between instances of defrost cycle type 

i in hours rounded to the nearest tenth 

of an hour (CTL for the defrost cycle type 

with the longest compressor run time 

between defrosts must be greater than or 

equal to 6 but less than or equal to 12 

hours); 

CTMi = maximum compressor run time 

between instances of defrost cycle type 

i in hours rounded to the nearest tenth 

of an hour (greater than CTLi but not 

more than 96 hours); 

For cases in which there are more than one 

fixed CT value (for long-time defrost 

models) or more than one CTM and/or 

CTL value (for variable defrost models) 

for a given defrost cycle type, an average 

fixed CT value or average CTM and CTL

values shall be selected for this cycle 

type so that 12 divided by this value or 

values is the frequency of occurrence of 

the defrost cycle type in a 24 hour 

period, assuming 50% compressor run 

time. 

F = default defrost energy consumption 

factor, equal to 0.20. 

For variable defrost models with no values 

for CTLi and CTMi in the algorithm, the 


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default values of 6 and 96 shall be used, 

respectively. 

D is the total number of distinct defrost cycle 

types. 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of GE’s petition for 

waiver from certain parts of the test 

procedure that apply to refrigeratorfreezers and grants an interim waiver to 

GE. DOE is publishing GE’s petition for 

waiver. The petition contains no 

confidential information. The petition 

includes a suggested alternate test 

procedure to measure the energy 

consumption of refrigerator-freezer basic 

models with non-uniform compressor 

cycling. 

DOE solicits comments from 

interested parties on all aspects of the 

petition. Any person submitting written 

comments to DOE must also send a copy 

of such comments to the petitioner. 10 

CFR 430.27(d). The contact information 

for the petitioner is: Earl F. Jones, Senior 

Counsel, GE Appliances, Appliance 

Park 2–225, Louisville, KY 40225. All 

submissions received must include the 

agency name and case number for this 

proceeding. Submit electronic 

comments in WordPerfect, Microsoft 

Word, Portable Document Format (PDF), 

or text (American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

Issued in Washington, DC, on April 26, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

U.S. Department of Energy 

Application for Interim Waiver and 

Petition for Waiver, 10CFR430, Subpart 

B, Appendix A1-Uniform Test Method 

for Measuring the Energy Consumption 

of Refrigerator-freezers 

Case No. 

Non-Confidential Version 

Submitted by: 

Earl F. Jones 

Senior Counsel 

GE Appliances 

Appliance Park 2–225 

Louisville, KY 40225 

earl.jones@ge.com 

502–452–3164 (voice) 

502–452–0395 (fax) 

U.S. Department of Energy Application 

for Interim Waiver and Petition for 

Waiver, 10CFR430, Subpart B, 

Appendix A1—Uniform Test Method 

for Measuring Refrigerator-Freezers 

I. Introduction 

GE Appliances, an operating division 

of General Electric Co., (‘‘GE’’) is a 

leading manufacturer and marketer of 

household appliances, including, as 

relevant to this proceeding, refrigerators, 

files this Petition for Waiver and 

Application for Interim Waiver 

(collectively, ‘‘Petition’’). GE requests 

that the Assistant Secretary grant it a 

waiver from certain parts of the test 

procedure promulgated by the U.S. 

Department of Energy (‘‘DOE’’ or ‘‘the 

Department’’) for determining 

refrigerator-freezer energy consumption 

and allow GE to test its new refrigeratorfreezer model pursuant to the modified 

procedure submitted herewith. This 

request is filed pursuant to 10 C.F.R. 

§ 430.27. 

The Department’s regulations provide 

that the Assistant Secretary will grant a 

Petition upon ‘‘determin[ation] that the 

basic model for which the waiver was 

requested contains a design 

characteristic which either prevents 

testing of the basic model according to 

the prescribed test procedures, or the 

prescribed test procedures may evaluate 

the basic model in a manner so 

unrepresentative of its true energy 

consumption characteristics as to 

provide materially inaccurate 

comparative data.’’ 10 C.F.R. § 430.27(l). 

GE requests that the Assistant 

Secretary grant this Application for 

Interim Waiver (Application) and 

Petition for Waiver (Petition) on the 

grounds that the refrigerator energy test 

procedure, 10CFR430, Subpart B, 

Appendix A1, does not allow the energy 

used by GE’s new refrigerator to be 

accurately calculated. 

II. Background 

GE has designed and plans to market 

a new refrigerator. The new models, 

which are listed in Attachment 1, are 

manufactured in Louisville, KY, will 

replace products that were previously 

manufactured in Mexico. They are part 

of GE’s $1 billion investment in GE 

Appliances that will revitalize U.S. 

manufacturing and introduce new 

energy efficient and market-leading 

products. 

The new refrigerator has at least three 

compartments, the temperatures of 

which must be maintained at different 

levels. Temperature management is 

achieved by variable-speed fans and a 

system of dampers that change air flow 

based on information from temperature 

sensors placed in the various 

compartments. An electronic control 

drives the fans and dampers. The 

electronic controller also drives 

compressor operation and a unique 

three-way valve in the sealed system, 

which diverts refrigerant to the freshfood and freezer evaporators. GE has 

also installed separate heaters on the 

fresh-food and freezer evaporators. The 

compressor and tri-valve operations, 

combined with fan and damper 

operations and the separate defrost for 

fresh-food and freezer compartments, 

enable the new refrigerator to achieve 

significant improvements in 

temperature management. As a direct 

result of the frequent temperature 

adjustments, the compressor cycles on 

and off more frequently but in less 

regular cycles, i.e., it does not cycle in 

the uniform fashion envisioned by the 

test procedure. 

Hence, this Application and Petition. 

III. GE’s Proposed Test Procedure 

In order to be assured that it is 

correctly calculating the energy 

consumption of the product, that it 

meets the minimum energy 

requirements for its product class and is 

properly labeled, GE seeks the 

Department’s expeditious concurrence 

to its proposed amendment to the 

refrigerator test procedure to provide for 

testing of non-uniform compressor 

cycling models. 

The test procedure in 10 C.F.R. 430, 

Subpart B, Appendix A1 was developed 

in the era of electro-mechanical controls 

when the only refrigerator function— 

compressor on-off—was based on one 

input: the temperature of a mix of freshfood and freezer air. The resulting 

compressor cycling was so uniform— 

and the test procedure assumed that to 

be the case—that regularity of cycles is 

not even relevant to calculating unit 

energy consumption. The test procedure 

identifies a period as typical or 

representative of the energy used by the 

product in normal operation. The 

energy measured during this period is 

then used to calculate total product 

energy per a formula provided in the 

rule. For cycling compressors, the 

relevant section of the test procedure is 

found at 4.2.1.1: 

Long-time Automatic Defrost. If the 

model being tested has a long-time 

automatic defrost system, the test time 

period may consist of two parts. A first 

part would be the same as the test for 

a unit having no defrost provisions 

(section 4.1.1). The second part would 

start when a defrost is initiated when 

the compressor ‘‘on’’ cycle is terminated 

prior to start of the defrost heater and 

terminates at the second turn ‘‘on’’ of 


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1Subscripts 1-j in Cycle A denote the number of 

cycles to be averaged to obtain the temperatures of 

the fresh-food and freezer compartments before 

defrost. 

2Subscripts 1-k in Cycle B denote the number of 

cycles to be averaged to obtain the temperatures of 

the fresh-food and freezer compartments after 

defrost. 

the compressor or four hours from the 

initiation of the defrost heater, 

whichever comes first. See diagram in 

Figure 1 to this section. 

The 2014 test procedure, 10 C.F.R. 

430, Subpart B, Appendix A at 4.1.2.1, 

similarly is predicated upon the 

existence refrigerator compressors 

operating with uniform cycles: 

[T]he second part starts at the 

termination of the last regular 

compressor ‘‘on’’ cycle. The average 

temperature of the compartment 

measured from the termination of the 

previous compressor ‘‘on’’ cycle to the 

termination of the last regular 

compressor ‘‘on’’ cycle must be within 

0.5 °F (0.3 °C) of the average temperature 

of the compartment measured for the 

first part of the test. If any compressor 

cycles occur prior to the defrost heater 

being energized that cause the average 

temperature in the compartment to 

deviate from the first part temperature 

by more than 0.5 °F (0.3 °C), these 

compressor cycles are not considered 

regular compressor cycles and must be 

included in the second part of the test. 

As an example, a ‘‘precool’’ cycle, 

which is an extended compressor cycle 

that lowers the compartment 

temperature prior to energizing the 

defrost heater, must be included in the 

second part of the test. The test period 

for the second part of the test ends at the 

initiation of the first regular compressor 

cycle after the compartment 

temperatures have fully recovered to 

their stable conditions. The average 

temperature of the compartment 

measured from this initiation of the first 

regular compressor ‘‘on’’ cycle until the 

initiation of the next regular compressor 

‘‘on’’ cycle must be within 0.5 °F (0.3 °C) 

of the average temperature of the 

compartment measured for the first part 

of the test. See Figure 1. 

The Figure 1 referred to in this section 

also makes clear that the compressor 

cycles are presumed to be uniform. 

GE’s new refrigerator contains a 

separate fresh-food evaporator, which 

means that the models cannot be tested 

per the test procedure now in effect 

found at 10 C.F.R. 430, Subpart B, 

Appendix A1. Nor can GE use the 2014 

test procedure found at 10 C.F.R. 430, 

Subpart B, Appendix A because it 

would compare the temperature of one 

cycle to the temperatures of the many 

cycles needed for Part 1, i.e. the 

compartment temperatures of nonuniform compressor cycling models do 

not attain the required .5° temperature 

differential from the average 

temperature ‘‘measured for the first part 

of the test.’’ (See at 4.2.1.1). 

GE’s proposed test procedure would 

allow for the testing of models like the 

ones listed on Attachment 1 with 

separate evaporators for the fresh-food 

compartment that also have nonuniform compressor cycling operations. 

Approving this Application and 

Petition will not require a change in the 

energy calculation formula: 

It would, however, define Part 2, or 

T2i in the above formula, as the series 

of cycles, further defined as A1-j Cycles 

and B1-k Cycles, on either side of defrost 

that would be averaged to determine 

when the .5 ° differential had been 

achieved. The full text of the proposed 

test procedure amendment to be found 

in a new section 4.1.2.3 is the following: 

4. Test Period 

* * * * * 

4.2.1.3 Non-uniform Cycling 

Compressor System. For a system with 

a cycling compressor, the second part of 

the test starts at the beginning of the 

‘‘on’’ cycle of the series of regular 

compressor cycles, Cycle AI-j1 in Figure 

1 below. The average temperature of all 

compartments measured during Cycles 

AI–j must be within 0.5 °F (0.3 °C) of 

their average temperatures measured for 

the first part of the test. The test period 

for the second part of the test ends at the 

termination of the series of regular 

compressor cycles, Cycle BI-k 2 in Figure 

1 below, after the average temperatures 

of all compartments are within 0.5 °F 

(0.3 °C) of their average as measured in 

the first part of the test. 

As an example, if the average 

temperatures for Part 1 of the test are 

37.8 °F and 0.2 °F in the fresh food and 

freezer compartments, respectively, and 

the temperatures for the Cycle B series 

of Part 2 of the test, i.e., Cycles BI-k, are 

as follows, 

Fresh food Freezer 

B1 .......................... 42.1 °F 4.3 °F 

B1-2 ........................ 40.2 °F 2.1 °F 

B1-3 ........................ 38.0 °F 0.0 °F 

then the average temperatures for the 

Cycle B series are 38.0 °F and 0.0 °F, 

which are within the 0.5 °F (0.3 °C) 

requirement. In this example, Part 2 

ends after cycle B3. 


sroberts on DSK5SPTVN1PROD with NOTICESEN02MY13.013</GPH>
25734 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 

IV. Conclusion 

For the above reasons, GE respectfully 

requests that the Assistant Secretary 

grant the above Application for Interim 

Waiver and Petition for Waiver so that 

the Company can proceed to production 

of its new electronic-controlled 

refrigerator models listed on Attachment 

1. We requests expedited treatment of 

the Petition and Application and would 

be pleased to discuss these requests 

with DOE and provide further 

information as needed. 

We hereby certify that all 

manufacturers of domestically marketed 

units of the same product type have 

been notified by letter of this Petition 

and Application, a list of which is found 

in Attachment 2, hereto. 

Respectfully submitted, 

Earl F. Jones, 

Senior Counsel and Authorized 

Representative of GE Appliances 

Attachment 1 

CYE23T*D**** 

PYE23P*D**** 

PYE23K*D**** 

PWE23K*D**** 

[FR Doc. 2013–10401 Filed 5–1–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CR–003] 

Notice of Petition for Waiver of 

Hussmann From the Department of 

Energy Commercial Refrigerator, 

Freezer 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 grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

and application for interim waiver from 

Hussmann, Inc. (Hussmann) (hereafter, 

‘‘petition’’) from the U.S. Department of 

Energy (DOE) test procedure for 

determining the energy consumption of 

commercial refrigerators, freezers and 

refrigerator-freezers. Today’s notice also 

grants an interim waiver to Hussmann 

from the commercial refrigerator, freezer 

and refrigerator-freezer test procedure. 

Through this notice, DOE also solicits 

comments with respect to the 

Hussmann petition. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Hussmann petition until June 3, 2013. 

ADDRESSES: You may submit comments, 

identified by case number CR–003, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include ‘‘Case No. CR–003’’ in the 

subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., Washington, DC, 20024; 

(202) 586–2945, between 9:00 a.m. and 

4:00 p.m., Monday through Friday, 

except on Federal holidays. Available 

documents include the following items: 


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