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[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35894-35898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14163]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-031]

Notice of Petition for Waiver of Panasonic Appliances 
Refrigeration Systems Corporation of America Corporation (PAPRSA) 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.

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SUMMARY: This notice announces receipt of a petition for waiver from 
Panasonic Appliances Refrigeration Systems Corporation of America 
(PAPRSA) 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. 
PAPRSA's request pertains to the specific hybrid wine chiller/beverage 
center basic models set forth in its petition. PAPRSA seeks permission 
to use an alternate test procedure to test the wine chiller compartment 
of these devices at 55 [deg]F instead of the prescribed temperature of 
38 [deg]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 A1. DOE solicits comments, data, and 
information concerning PAPRSA's petition and the suggested alternate 
test procedure. Today's notice also grants PAPRSA 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 PAPRSA Petition until July 15, 2013.

[[Page 35895]]

ADDRESSES: You may submit comments, identified by case number ``RF-
031,'' 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-031] 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 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-2J, 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.govmailto:.

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 A1.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    The regulations set forth in 10 CFR 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). 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. 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 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

    On April 29, 2013, PAPRSA submitted a 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. In its petition, PAPRSA has set forth an alternate test procedure 
and notes in support of its petition that DOE previously granted Sanyo 
E&E Corporation (Sanyo) a similar waiver pertaining to its wine 
chiller/beverage centers. See 77 FR 19654 (April 2, 2012) (petition for 
waiver) and 77 FR 49443 (August 16, 2012) (Decision and Order). The 
petition also notes that Sanyo E&E Corporation has since changed its 
corporate name to Panasonic Appliances Refrigeration Systems 
Corporation of America, meaning that it is the same manufacturer to 
which DOE granted the August 2012 waiver. On October 4, 2012, DOE 
issued a correction notice to the Decision and Order. That notice 
incorporated a K factor (correction factor) value of 0.85 when 
calculating the energy consumption of a tested model (77 FR 60688). 
PAPRSA is requesting a waiver with respect to the test procedures for 
its hybrid models that consist of a single cabinet equipped with a 
refrigerated beverage compartment in the top portion and a wine storage 
compartment in the bottom portion of each unit. DOE issued guidance 
that clarified the test procedures to be used for hybrid products such 
as the PAPRSA models at issue, which is available at the following 
link: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf. This guidance 
specifies that basic models such as the ones PAPRSA identifies in its 
petition, which do not have a separate wine storage compartment with a 
separate exterior door, are to be tested according to the DOE test 
procedure in Appendix A1, with the temperatures specified therein. 
PAPRSA asserts that the wine storage compartment cannot be tested at 
the prescribed temperature of 38 [deg]F, because the minimum 
compartment temperature is 45 [deg]F.
    PAPRSA 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

[[Page 35896]]

as to provide materially inaccurate comparative data. Therefore, it 
appears likely that PAPRSA'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 PAPRSA immediate relief pending a 
determination of the petition for waiver. DOE grants PAPRSA's 
application for interim waiver from testing of its hybrid wine chiller/
beverage center basic models.
    Therefore, it is ordered that:
    The application for interim waiver filed by PAPRSA is hereby 
granted for PAPRSA's hybrid wine chiller/beverage center basic product 
lines are subject to the following specifications and conditions below. 
PAPRSA shall be required to test and rate its hybrid wine chiller/
beverage center product line according to the alternate test procedure 
as set forth in section III, ``Alternate test procedure.''
    The following basic models are included in PAPRSA's petition:

SR5180JBC
JUB24FLARS0*
JUB24FRARS0*
JUB24FRACX0*

    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. PAPRSA may submit a subsequent petition for waiver for 
additional models of electric refrigerators and refrigerator-freezers 
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

    PAPRSA submitted an alternate test procedure to account for the 
energy consumption of its wine chiller/beverage centers. That alternate 
procedure would test the wine chiller compartment at 55 [deg]F, instead 
of the prescribed 38 [deg]F. PAPRSA shall also use the K factor 
(correction factor) value of 0.85 when calculating the energy 
consumption of one of the models listed above and replace energy 
consumption calculation of appendix A1 with the following:
    Energy consumption is defined by the higher of the two values 
calculated by the following two formulas (according to 10 CFR part 430, 
subpart B, Appendix A1):
    Energy consumption of the wine compartment:

EWine = (ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)]) * 0.85

    Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment = ET1 + [(ET2-ET1) x (38 [deg]F-TBC1)/(TBC2-
TBC1)].

IV. Summary and Request for Comments

    Through today's notice, DOE grants PAPRSA an interim waiver from 
the specified portions of the test procedure applicable to PAPRSA's 
line of hybrid wine chiller/beverage center basic and announces receipt 
of PAPRSA's petition for waiver from those same portions of the test 
procedure. DOE is publishing PAPRSA'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 PAPRSA's specified hybrid refrigerators. PAPRSA 
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. Pursuant to 10 CFR 430.27(d), 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: Adam D. Bowser, ARENT FOX LLP, 1717 K St. NW., Washington, DC 
20036-5369, (202) 857-6450. 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).
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies to DOE: one copy of the document 
including all the information believed to be confidential, and one copy 
of the document with the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC, on June 7, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

BEFORE THE U.S. DEPARTMENT OF ENERGY

Washington, DC 20585

In the Matter of:

Panasonic Appliances Refrigeration Systems Corporation of America,

Petitioner

Case Number: --------------

PETITION FOR WAIVER AND APPLICATION FOR INTERIM WAIVER

    Panasonic Appliances Refrigeration Systems Corporation of 
America (``PAPRSA'') respectfully submits this Petition for Waiver 
and Application for Interim Waiver (``Petition'') pursuant to 10 
C.F.R. Sec.  430.27 on the ground that its hybrid wine chiller/
beverage center model (``hybrid model'') listed below contains one 
or more design characteristics that prevent testing of the basic 
model according to the test procedures prescribed in 10 C.F.R. Sec.  
430, subpart B, appendix A1. As detailed more fully below, the 
Department of Energy (``DOE'') has previously granted PAPRSA's 
corporate predecessor, SANYO E&E Corp.,\2\ a waiver from DOE's 
electric refrigerator and refrigerator-freezer test procedures for 
determining the energy consumption of substantially similar hybrid 
models in Case No. RF-022 (the ``waiver hybrid models''). PAPRSA has 
developed a new basic hybrid model, SR5180JBC, that contains the 
same design characteristics as its waiver hybrid models that make it 
impossible to certify, rate, and sell this new hybrid model under 
the existing testing procedures.\3\ PAPRSA therefore respectfully 
requests that it be permitted to employ the alternative testing 
method for this new basic hybrid model that

[[Page 35897]]

has already been approved by DOE for the waiver hybrid models.
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    \2\ Effective April 1, 2013, SANYO E&E Corporation changed its 
corporate name to Panasonic Appliances Refrigeration Systems 
Corporation of America. Throughout this Petition, PAPRSA will be 
used to refer to both SANYO E&E Corporation and Panasonic Appliances 
Refrigeration Systems Corporation of America, unless otherwise 
indicated.
    \3\ At present, PAPRSA intends to market three derivative 
individual models based on basic hybrid model SR5180JBC that have 
variances in their cosmetic features: JUB24FLARS0 *, JUB24FRARS0 *, 
and JUB24FRACX0 *. To the extent this Petition is granted, PAPRSA 
may develop additional derivative individual models based on basic 
hybrid model SR5180JBC in the future.
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1. Existing Waiver Background and Product Characteristics of PAPRSA's 
Hybrid Models

    On June 2, 2011, PAPRSA submitted a petition for waiver with 
respect to the test procedures for its waiver hybrid models that 
consist of a combination of a refrigerated ``beverage'' compartment 
in the top portion of these single-cabinet units and a wine storage 
compartment on the bottom of the units, and for which an alternative 
testing procedure was necessary in order to certify, rate, and sell 
such models. The waiver hybrid models include the following models: 
JUB248LB, JUB248RB, JUB248LW, JUB248RW, KBCO24LS, KBCS24LS, 
KBCO24RS, KBCS24RS, and MBCM24FW.
    As PAPRSA previously explained, PAPRSA designed the wine storage 
compartments of its waiver hybrid models to operate between a 
minimum temperature of 45 [deg]F and a maximum temperature of 64 
[deg]F, with an average temperature of 55 to 57 [deg]F. In fact, 
heaters are used to ensure that the temperature in the wine storage 
compartment never drops below 45 [deg]F, as wines chilled below this 
temperature risk becoming crystallized and, therefore, ruined. 
Currently, however, DOE's testing procedures contained in 10 C.F.R. 
Sec.  430, subpart B, appendix A1, mandate that energy consumption 
be measured when the compartment temperature is set at 38 [deg]F. 
Based on the design characteristics of its waiver hybrid models 
noted above, however, PAPRSA needed a waiver with respect to DOE's 
testing procedures in order to properly ``certify, rate, and sell 
such models,'' because the existing test procedures contained in 10 
C.F.R. Sec.  430, subpart B, appendix A1, do not contemplate a 
product that is designed to be incapable of achieving a temperature 
below 45 [deg]F.
    On April 2, 2012, DOE published PAPRSA's previous petition for 
waiver and sought public comment, and DOE subsequently extended the 
deadline for comments after PAPRSA submitted a request for extension 
to clarify the scope of its original petition for waiver. See 
Federal Register, Vol. 77, No. 96, 29331-29333. No comments were 
filed opposing the relief requested in PAPRSA's petition for waiver.
    On August 9, 2012, DOE granted PAPRSA a waiver from DOE's 
electric refrigerator and refrigerator-freezer test procedures for 
determining the energy consumption of the basic models listed in its 
June 2, 2011 petition for waiver. See Federal Register, Vol. 77, No. 
159, 49443-44. In permitting PAPRSA to test the wine chiller 
compartment at 55 [deg]F, DOE noted ``that the test procedures for 
wine chillers adopted by the Association of Home Appliance 
Manufacturers (AHAM), California Energy Commission (CEC), and 
Natural Resources Canada all use a standardized compartment 
temperature of 55 [deg]F for wine chiller compartments, which is 
consistent with [PAPRSA's] approach.'' Id. at 49444.
    On September 26, 2012, DOE issued a correction to its August 9, 
2012 order that incorporated the K factor (correction factor) value 
of .85 that PAPRSA should utilize when calculating the energy 
consumption of its waiver hybrid models. See Federal Register, Vol. 
77, No. 193, 60688-89. Accordingly, DOE ultimately directed PAPRSA 
to utilize the following test procedure for its waiver hybrid 
models:

Energy consumption is defined by the higher of the two values 
calculated by the following two formulas (according to 10 CFR part 
430, subpart B, Appendix A1):

Energy consumption of the wine compartment:

EWine = (ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)]) * 0.85

Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment= ET1 + [(ET2-ET1) x (38 [deg]F-TBC1)/(TBC2-
TBC1)].

    See Federal Register, Vol. 77, No. 193 at 60689.

2. Request to Test, Certify and Rate New Basic Model SR5180JBC Under 
Previously Approved Alternative Testing Procedure

    As indicated above, PAPRSA has developed a new basic hybrid 
model, SR5180JBC, that shares the same design characteristics that 
led DOE to approve PAPRSA's June 2, 2011 petition for waiver. 
SR5180JBC 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 [deg]F. Just as 
PAPRSA's waiver hybrid models, SR5180JBC contains a heater that 
makes it impossible for the temperature of the wine-chiller 
compartment to reach a temperature below 45 [deg]F. Thus, testing 
SR5180JBC at 38 [deg]F is simply not possible and not representative 
of the energy consumption characteristics of this new basic hybrid 
model.
    Further, SR5180JBC, 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 SR5180JBC 
and PAPRSA's waiver hybrid models as it impacts this Petition. While 
SR5180JBC has a total adjusted volume of 4.7 cubic feet (instead of 
the slightly higher volumes of the waiver hybrid models) that would 
be used in calculating the theoretical maximum allowable annual 
energy consumption for this basic hybrid model, the design 
characteristics of SR5180JBC are the same as PAPRSA's waiver hybrid 
models that led DOE to allow PAPRSA to use the following testing 
procedure:

Energy consumption is defined by the higher of the two values 
calculated by the following two formulas (according to 10 CFR part 
430, subpart B, Appendix A1):

Energy consumption of the wine compartment:

EWine = (ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)]) * 0.85

Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment= ET1 + [(ET2-ET1) x (38 [deg]F-TBC1)/(TBC2-
TBC1)].

    Accordingly, PAPRSA respectfully requests that it be permitted 
to use this approved alternative testing method to test, certify and 
rate new basic hybrid model SR5180JBC in the same manner as its 
waiver hybrid models subject to the existing waiver.

3. Manufacturers of Other Basic Models Marketed in the United States 
Known to Incorporate Similar Design Characteristics

    After reviewing publicly available product manuals of comparable 
hybrid models, PAPRSA was unable to locate a basic model marketed in 
the United States that incorporates similar design characteristics 
and that also would be considered a ``covered product'' under 
Section 430.62 of DOE's rules.\4\
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    \4\ PAPRSA cannot guarantee that its search disclosed every 
possible competing model, as PAPRSA ordinarily does not search for 
and retain this information in the normal course of business, but to 
the best of PAPRSA's knowledge, certain GE hybrid models appear to 
be the closest substitutes to SANYO E&E's hybrid models in terms of 
both functionality and design characteristics. However, GE 
represents in its product manuals that its hybrid models, 
specifically, ZDBC240, ZDBT240, ZDBR240, and ZDBI240, do not achieve 
temperatures below 40 [deg]F and thus would not be considered a 
covered product under DOE regulations. PAPRSA is uncertain if GE 
means that the average temperature of the entire cabinet does not 
drop below 40 [deg]F, which is the case with all PAPRSA's hybrid 
models, or whether GE is representing that no portion of its single-
cabinet models can achieve temperatures below 40 [deg]F. Based on 
this uncertainty, PAPRSA excluded GE from this section. PAPRSA's 
research did not reveal any other basic models that, after review of 
the design characteristics, were comparable to PAPRSA's hybrid 
models.
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4. 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 
Petition, as PAPRSA is simply seeking to test a new basic hybrid 
model under the alternative testing procedure already approved by 
DOE for PAPRSA's other hybrid models subject to the existing waiver. 
SR5180JBC contains 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); \5\ see also DOE 
FAQ Guidance Regarding Coverage of Wine Chillers, Etc. in the R/F 
Standard/

[[Page 35898]]

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.'').
---------------------------------------------------------------------------

    \5\ Available at http://www.gc.energy.gov/documents/LargeCapacityRCW_guidance_122210.pdf.
---------------------------------------------------------------------------

    As noted in Section 3 above, certain manufacturers design 
comparable hybrid models so that the beverage center compartment 
does not reach below 40 [deg]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 new basic hybrid models to compete with manufacturers that 
design their hybrid models in a manner that falls outside of DOE's 
jurisdiction.
    Thus, given that this Petition is likely to be granted and 
PAPRSA will face economic hardship unless an interim waiver is 
granted, permitting PAPRSA to immediately certify new basic hybrid 
model SR5180JBC under the alternative testing method already 
approved by DOE is in the public interest.

Respectfully submitted,

/s/--------------------------------------------------------------------
Alan G. Fishel
Adam D. Bowser
Arent Fox LLP
1717 K St. NW.
Washington, DC 20036-5369
(202) 857-6450
fishel.alan@arentfox.combowser.adam@arentfox.com

Counsel for Panasonic Appliances Refrigeration Systems Corporation 
of America

April 29, 2013

[FR Doc. 2013-14163 Filed 6-13-13; 8:45 am]
BILLING CODE 6450-01-P
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