```

[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25728-25734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10401]

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    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

[[Page 25729]]

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 fresh-food 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 [deg]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 refrigerator-freezer 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 refrigerator-freezer 
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 [deg]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 non-uniform 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 
[deg]F temperature differential has been achieved.
    As an example, if the average temperatures for Part 1 of the test 
are 37.8 [deg]F and 0.2 [deg]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 [deg]F   4.3 [deg]F
B1-2..........................................  40.2 [deg]F   2.1 [deg]F
B1-3..........................................  38.0 [deg]F   0.0 [deg]F
------------------------------------------------------------------------

then the average temperatures for the Cycle B series are 38.0 [deg]F 
and 0.0 [deg]F, which are within the 0.5 [deg]F (0.3 [deg]C)

[[Page 25730]]

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 steady-state 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 [deg]F (0.3 
[deg]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 [deg]F 
(0.3 [deg]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 [deg]F (0.3 [deg]C) of their average temperatures measured 
for the first part of the test. See Figure 1.

[[Page 25731]]

[GRAPHIC] [TIFF OMITTED] TN02MY13.011

    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:
[GRAPHIC] [TIFF OMITTED] TN02MY13.012

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 long-time 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 x CTMi)/(F x (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

[[Page 25732]]

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 
refrigerator-freezers 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 refrigerator-freezer model pursuant to the modified 
procedure submitted herewith. This request is filed pursuant to 10 
C.F.R. Sec.  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. Sec.  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 fresh-food 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 fresh-food 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

[[Page 25733]]

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 [deg]F (0.3 [deg]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 [deg]F (0.3 [deg]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 [deg]F (0.3 [deg]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 non-uniform compressor cycling models do not attain the 
required .5[deg] 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 non-uniform compressor cycling 
operations.
    Approving this Application and Petition will not require a change 
in the energy calculation formula:
[GRAPHIC] [TIFF OMITTED] TN02MY13.013

    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 [deg] 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-j\1\ in Figure 1 below. The average temperature of all 
compartments measured during Cycles AI-j must be within 0.5 
[deg]F (0.3 [deg]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 [deg]F (0.3 [deg]C) of 
their average as measured in the first part of the test.
---------------------------------------------------------------------------

    \1\ Subscripts 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.
    \2\ Subscripts 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.
---------------------------------------------------------------------------

    As an example, if the average temperatures for Part 1 of the test 
are 37.8 [deg]F and 0.2 [deg]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 [deg]F         4.3 [deg]F
B1-2.............................  40.2 [deg]F         2.1 [deg]F
B1-3.............................  38.0 [deg]F         0.0 [deg]F
 

then the average temperatures for the Cycle B series are 38.0 [deg]F 
and 0.0 [deg]F, which are within the 0.5 [deg]F (0.3 [deg]C) 
requirement. In this example, Part 2 ends after cycle B3.

[[Page 25734]]

[GRAPHIC] [TIFF OMITTED] TN02MY13.014

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
```