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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Notices 55773 

1For editorial reasons, upon codification in the 

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

seeks permission to use an alternate test 

procedure to test the wine chiller 

compartment of these devices at 55 °F 

instead of the prescribed temperature of 

39 °F. That procedure would apply a K 

factor (correction factor) value of 0.85 

when calculating the energy 

consumption of a tested model and 

replace the energy consumption 

calculation currently required under 10 

CFR Part 430, Appendix A. DOE solicits 

comments, data, and information 

concerning Sub-Zero’s petition and the 

suggested alternate test procedure. 

Today’s notice also grants Sub-Zero 

with an interim waiver from the electric 

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 SubZero Petition until October 17, 2014. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–040,’’ 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–040] in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–5B/ 

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 rulemakings regarding 

similar refrigerator-freezers. 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–5B, Forrestal Building, 

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: 

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 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 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 electric 

refrigerator-freezers is contained in 10 

CFR part 430, subpart B, appendix A. 

The regulations set forth in 10 CFR 

430.27, which were recently amended, 

contain provisions that enable a person 

to petition DOE to obtain a waiver from 

the test procedure requirements for 

covered products. See 79 FR 26591 

(May 9, 2014) (revising 10 CFR 430.27, 

effective June 9, 2014). (DOE notes that 

while the previous version of 10 CFR 

430.27 was effective at the time of SubZero’s submission, the substantive 

aspects of this regulation have not been 

changed by the May 9th rule.) Under 10 

CFR 430.27, 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). 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. DOE 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 

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 

Sub-Zero is seeking a waiver from the 

test procedure applicable to residential 

electric refrigerators and refrigeratorfreezers set forth in 10 CFR part 430, 

Subpart B, Appendix A. In its petition, 

Sub-Zero explained that it produces a 

hybrid refrigerator basic model (i.e. 

refrigerators that have a combination of 

one or more refrigerated storage 

compartments and a wine storage 

compartment). Sub-Zero asserts that the 

DOE test procedure does not contain a 

method to test these types of hybrid 

products in a manner that would ‘‘truly 

represent[ ] the energy-consumption 

characteristics of these products’’ and 

offered an alternate test procedure that 

Sanyo E&E Corporation (Sanyo), now 

Panasonic Appliances Refrigeration 

Systems Corporation of America 

(PAPRSA), used in prior waiver 

requests. See 77 FR 49443 (Aug. 16, 

2012) and 78 FR 57139 (Sept. 17, 2013). 

(On October 4, 2012, a correction notice 

to the August 16, 2012 Decision and 

Order was published. See 77 FR 60688.) 

These earlier decisions incorporated a K 

factor (correction factor) value of 0.85 

when calculating the energy 

consumption of a tested model (77 FR 

60688). Sub-Zero is requesting that it be 

permitted to apply the same procedure 

when testing the energy usage of its 

hybrid refrigerated storage-wine storage 

models. 

Against this background, DOE had 

previously issued guidance in 2011 that 

clarified the test procedures to be used 

for hybrid products such as the SubZero models at issue. That guidance is 

available at the following link: http://

www1.eere.energy.gov/buildings/

appliance_standards/residential/pdfs/

mstockstill on DSK4VPTVN1PROD with NOTICES

55774 Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Notices 

refrigerator_definition_faq.pdf. The 

guidance specifies that basic models 

that do not have a separate wine storage 

compartment with a separate exterior 

door, such as those models identified in 

Sub-Zero’s petition, are to be tested 

using the DOE test procedure in 

Appendix A, with the temperatures 

specified therein. Sub-Zero’s waiver 

request seeks to replace the application 

of this general guidance with the more 

recent and specific approach outlined in 

determinations for similar hybrid 

products offered by Sanyo and PAPRSA 

when measuring the efficiency of these 

products. 

Sub-Zero 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. 

See 10 CFR 430.27(g). 

For the reasons discussed above, DOE 

has determined that use of the currently 

required DOE test procedure would 

provide test results so unrepresentative 

as to provide materially inaccurate 

comparative data. Therefore, it appears 

likely that Sub-Zero’s petition for 

waiver will be granted. For these same 

reasons, DOE has also determined that 

it is desirable for public policy reasons 

to grant Sub-Zero immediate relief 

pending a determination of the petition 

for waiver. DOE grants Sub-Zero’s 

application for interim waiver from 

testing of its hybrid refrigerated storagewine storage basic models. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by Sub-Zero is hereby granted for 

Sub-Zero’s hybrid refrigerated storagewine storage basic product lines are 

subject to the following specifications 

and conditions below. Sub-Zero shall be 

required to test and rate its hybrid 

refrigerated storage-wine storage 

product line according to the alternate 

test procedure as set forth in section III, 

‘‘Alternate test procedure.’’ 

The following basic models are 

included in Sub-Zero’s petition: 

IW–30R 

DOE makes decisions on waivers for 

only those models specifically set out in 

the petition, not future models that may 

be manufactured by the petitioner. SubZero may submit a subsequent petition 

for waiver for additional models of 

electric refrigerators and refrigeratorfreezers for which it seeks a waiver from 

the DOE test procedure. In addition, 

DOE notes that the grant of a 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 

Sub-Zero submitted an alternate test 

procedure to account for the energy 

consumption of its hybrid refrigerated 

storage-wine storage products. That 

alternate procedure would test this 

product according to the procedure 

specified in appendix A to subpart B of 

10 CFR part 430 except with a 

standardized temperature for the wine 

chiller compartment of 55 °F, instead of 

the prescribed 39 °F. Sub-Zero shall also 

use the K factor (correction factor) value 

of 0.85 when calculating the energy 

consumption of the model listed and 

calculate the energy consumption of this 

model as follows: 

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: 

ERefrigerated Compartment = ET1 + [(ET2–ET1) 

× (39 °F–TRC1)/(TRC2–TRC1)]. 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE grants 

Sub-Zero an interim waiver from the 

specified portions of the test procedure 

applicable to Sub-Zero’s line of hybrid 

refrigerated storage-wine storage basic 

models and announces receipt of SubZero’s petition for waiver from those 

same portions of the test procedure. 

DOE is publishing Sub-Zero’s petition 

for waiver in its entirety. The petition 

contains no confidential information. 

The petition includes a suggested 

alternate test procedure to determine the 

energy consumption of Sub-Zero’s 

specified hybrid refrigerators. Sub-Zero 

is required to follow this alternate 

procedure as a condition of its interim 

waiver, and DOE is considering 

including this alternate procedure in its 

subsequent Decision and Order. 

DOE solicits comments from 

interested parties on all aspects of the 

petition, including the suggested 

alternate test procedure and calculation 

methodology. Any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is: Paul V. Sikir, Vice 

President of Design Engineering, SubZero Group, Inc., 4717 Hammersley 

Road, Madison, Wisconsin 53711. 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 September 

10, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

SUB-ZERO GROUP, INC. 

4717 Hammersley Road 

Madison, WI 53711 

May 19th, 2014 

The Honorable David Danielson 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and 

Renewable Energy 

U.S. Department of Energy 

1000 Independence Avenue SW 

Washington, DC 20585 

Dear Secretary Danielson: 

Pursuant to 10 CFR 430.27, Sub-Zero 

respectfully requests expedited 

attention to this Petition for both an 

interim and final waiver to modify the 

DOE test procedure (10 CFR 430 

Subpart B Appendix A) for Sub-Zero 

hybrid refrigerated storage-wine storage 

products. Without this waiver, we are 

unable to certify models as compliant 

with new DOE minimum efficiency 

standards effective in 2014. This request 

is similar to past petitions for waivers 

that have been granted by DOE to Sanyo 

(77FR49443) and PAPRSA (78FR35894). 

The Department’s regulations provide 

that the Assistant Secretary will grant a 

Petition upon ‘‘determination 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Notices 55775 

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.’’ Sub-Zero requests 

that the Assistant Secretary grant this 

petition on both grounds. 

In granting the Sanyo petition, DOE 

acknowledged that wine storage 

compartments cannot be tested at the 

prescribed temperature of 38 °F (now 39 

°F in the revised Refrigerator Test 

Procedure), because the minimum wine 

compartment temperature is higher. 

Sanyo submitted an alternate test 

procedure to account for the energy 

consumption of its wine storage/

beverage center models. That alternate 

procedure would test the wine storage 

compartment at 55 °F, instead of the 

prescribed 38 °F. To justify the use of 

this standardized temperature for 

testing; Sanyo stated in its petition that 

it designed these models to provide an 

average wine compartment temperature 

of 55 to 57 °F, which it determined is 

a commonly recommended temperature 

for wine storage. This temperature is 

presumed to be representative of 

expected consumer use. DOE also noted 

that the test procedures for wine 

products adopted by the Association of 

Home Appliance Manufacturers 

(AHAM), California Energy Commission 

(CEC), and Natural Resources Canada all 

use the standardized temperature of 55 

°F for wine storage compartments; 

consistent with Sanyo’s petition. 

Furthermore, DOE prescribed that 

Sanyo also use the proposed K factor 

(correction factor) value of 0.85 when 

calculating energy consumption. 

DOE granted Sanyo’s waiver petition 

in 2012, acknowledging that the existing 

test procedure cannot properly measure 

the energy consumed in actual 

consumer usage. Thereafter in 2013, 

DOE granted PAPRSA’s similar waiver 

application. 

Sub-Zero is a family-owned company 

that has been headquartered in 

Madison, Wisconsin for over 65 years. 

Sub-Zero developed the niche market 

for customized built-in residential 

refrigeration and manufactures all our 

products in the United States, with 

factories in Wisconsin and Arizona. 

While technically not a ‘‘small 

business’’ using DOE’s definition, SubZero is a small producer of refrigeration 

products striving to compete in an age 

of large, multi-national manufacturers 

and is one of the few remaining U.S. 

companies that produce all of its 

products here in the U.S. The 

company’s future viability is clearly 

threatened by this situation and we 

sincerely ask DOE to grant immediate 

relief. 

Issues with the DOE Test Procedure 

Sub-Zero is requesting a waiver to the 

test procedures for its hybrid models 

that consist of a combination of one or 

more refrigerated storage compartments 

and a wine storage compartment. While 

DOE considers such hybrid models as 

covered products, there is no current 

DOE test procedure appropriate to these 

hybrid models. Therefore, the current 

testing requirements do not measure 

energy usage in a manner that truly 

represents the energy-consumption 

characteristics of these products. 

Further, it is not even possible to test 

these models under the existing testing 

procedures. DOE fully recognizes these 

issues associated with testing hybrid 

wine products and has initiated a 

rulemaking to address these products in 

the future. Therefore Sub-Zero requests 

this waiver until such time as DOE’s 

rulemaking is complete. 

As explained in the Sanyo petition, 

wine connoisseurs recommend an 

average of 55–57 °F for the long term 

storage of wine, and Sub-Zero has also 

designed the wine storage 

compartments of its products with this 

ideal average temperature in mind. 

Since various wines have different ideal 

drinking temperatures, products are 

designed such that the wine storage 

compartment can achieve a range of 

temperatures above 39 °F. DOE’s test 

procedures (10 CFR 430 Subpart B 

Appendix A) specify that energy 

consumption be determined at a 

compartment temperature of 39 °F and 

therefore cannot apply to a product that 

is designed to be incapable of achieving 

this temperature. Further, as described 

in the Sanyo petition, hybrid models 

will typically have door-opening usage 

aligned with household freezers and 

wine storage products. Thus, the K 

factor (correction factor) of .85 from 

CAN/CSA 300–08 6.3.1.2 and AHAM/

ANSI HRF–1 should be used to 

determine energy consumption. 

Proposed Modified Test Procedure 

As in the two previously granted 

petitions, the wine storage compartment 

shall be tested at 55 °F. 

Sub Zero shall use the K factor 

(correction factor) value of 0.85 when 

calculating the energy consumption of 

the models listed below. 

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 compartment: 

ERefrigerated Compartment = ET1 + 

[(ET2¥ET1) × (39 °F¥TRC1)/

(TRC2¥TRC1)]. 

Affected Models 

The basic models of Sub-Zero hybrid 

refrigerated storage-wine storage 

products affected are: 

IW–30R 

In conclusion, this is a critical issue 

for our company and we request that 

DOE expedite the handling of this 

petition for an interim and final waiver. 

Sub-Zero would be pleased to discuss 

this waiver petition with DOE and 

provide any additional information that 

the Department might require. We will 

also notify all manufacturers known to 

us of similar domestically marketed 

products of this waiver petition. 

Sincerely, 

Paul V. Sikir 

Vice President of Design Engineering 

Via email: AS_Waiver_Requests@

ee.doe.gov 

[FR Doc. 2014–22227 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–042] 

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 Granting Application for 

Interim Waiver, and Request for Public 

Comments. 

SUMMARY: This notice announces receipt 

of a petition for waiver from GE 

Appliances (GE) seeking an exemption 

from specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of electric refrigerators 

and refrigerator-freezers. GE seeks to use 

an alternate test procedure to address 

certain issues involved in testing certain 

specific basic models identified in its 

petition that are equipped with dualcompressor systems that GE contends 

cannot be accurately tested using the 

currently applicable DOE test 

mstockstill on DSK4VPTVN1PROD with NOTICES