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[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Notices]
[Pages 49443-49444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20125]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-022]

Decision and Order Granting a Waiver to Sanyo From the Department 
of Energy Residential Refrigerator and Refrigerator-Freezer Test 
Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-022) that grants Sanyo E&E Corporation 
(Sanyo) a waiver from the DOE electric refrigerator and refrigerator-
freezer test procedures for determining the energy consumption of 
residential refrigerator-freezers for the basic models set forth in its 
petition for waiver. Under today's decision and order, Sanyo shall be 
required to test and rate its hybrid wine chiller/beverage center basic 
models using an alternate test procedure that requires Sanyo to test 
the wine chiller compartment at 55 [deg]F instead of the prescribed 
temperature of 38 [deg]F.

DATES: This Decision and Order is effective August 16, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mailstop EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-0371, Email: Bryan.Berringer@ee.doe.gov.
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., 
Washington, DC 20585-0103, (202) 586-7796, Email: 
Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Sanyo a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures found in 10 CFR 
part 430, subpart B, appendix A1 for certain basic models of hybrid 
wine chiller/beverage center, provided that Sanyo tests and rates such 
products using the alternate test procedure described in this notice. 
Today's decision prohibits Sanyo from making representations concerning 
the energy efficiency of these products unless the product has been 
tested in a manner consistent with the provisions and restrictions in 
the alternate test procedure set forth in the decision and order below, 
and the representations fairly disclose the test results.
    Distributors, retailers, and private labelers are held to the same 
standard when making representations regarding the energy efficiency of 
these products. 42 U.S.C. 6293(c).

    Issued in Washington, DC, on August 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Sanyo E&E Corporation (Case No. RF-022).

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 residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results that measure energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential electric 
refrigerators and refrigerator-freezers is set forth in 10 CFR part 
430, subpart B, appendix A1.
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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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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for a 
particular basic model for covered consumer products when (1) the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics.
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the interim waiver is 
denied, if it appears likely that the petition for waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination on the petition for waiver. 10 CFR 430.27(g).

II. Sanyo's Petition for Waiver: Assertions and Determinations

    On June 2, 2011, Sanyo submitted a petition for waiver and 
application for interim waiver (petition) from the test procedure 
applicable to residential electric refrigerators and refrigerator-
freezers set forth in 10 CFR Part 430, subpart B, appendix A1. In its 
petition, Sanyo seeks a waiver from the existing DOE test procedure 
applicable to refrigerators and refrigerator-freezers under 10 CFR Part 
430 for Sanyo's hybrid models that consist of single-cabinet units with 
a refrigerated beverage compartment in the top portion and a wine 
storage compartment in the bottom of the units. DOE issued guidance 
that clarified the test procedures to be used for hybrid products such 
as the Sanyo models at issue here: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf. This guidance specifies that basic models such as 
the ones Sanyo 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.

[[Page 49444]]

Sanyo 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. Sanyo 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. To 
justify the use of this standardized temperature for testing, Sanyo 
stated in its petition that it designed these models to provide an 
average temperature of 55 to 57 [deg]F, which it determined is a 
commonly recommended temperature for wine storage, suggesting that this 
temperature is presumed to be representative of expected consumer use. 
77 FR 19656. DOE notes 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 Sanyo's approach.

III. Conclusion

    After careful consideration of all the material that was submitted 
by Sanyo, it is ordered that:
    (1) The petition for waiver submitted by the Sanyo E&E Corporation 
(Case No. RF-022) is hereby granted as set forth in the paragraphs 
below.
    (2) Sanyo shall be required to test and rate the following Sanyo 
models according to the alternate test procedure set forth in paragraph 
(3) below.

JUB248LB
JUB248RB
JUB248LW
JUB248RW
KBCO24LS
KBCS24LS
KBCO24RS
KBCS24RS
MBCM24FW

    (3) Sanyo shall be required to test the products listed in 
paragraph (2) above according to the test procedures for electric 
refrigerator-freezers prescribed by DOE at 10 CFR part 430, Appendix 
A1, except that, for the Sanyo products listed in paragraph (2) only, 
test the wine chiller compartment at 55[emsp14][deg]F, instead of the 
prescribed 38[emsp14][deg]F.
    (4) Representations. Sanyo may make representations about the 
energy use of its hybrid wine chiller/beverage center products for 
compliance, marketing, or other purposes only to the extent that such 
products have been tested in accordance with the provisions outlined 
above and such representations fairly disclose the results of such 
testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in 
Sanyo's June 2, 2011 petition for waiver. Grant of this waiver does not 
release a petitioner from the certification requirements set forth at 
10 CFR part 429.

    Issued in Washington, DC, on August 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2012-20125 Filed 8-15-12; 8:45 am]
BILLING CODE 6450-01-P
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