[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Notices]
[Pages 7851-7854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02952]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-042]


Decision and Order Granting a Waiver to GE Appliances 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 in Case No. RF-042 that grants to GE Appliances (GE) 
a waiver from the DOE electric refrigerator and refrigerator-freezer 
test procedures for determining the energy consumption of the specific 
residential refrigerator-freezer basic models set forth in GE's 
petition for waiver. Under today's decision and order, GE shall be 
required to test and rate these refrigerator-freezer basic models, 
which use dual compressors, using an alternate test procedure that 
takes this technology into account when measuring energy consumption.

DATES: This Decision and Order is effective February 12, 2015.

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: <a href="/cdn-cgi/l/email-protection#084a7a716966264a6d7a7a61666f6d7a486d6d266c676d266f677e"><span class="__cf_email__" data-cfemail="9cdeeee5fdf2b2def9eeeef5f2fbf9eedcf9f9b2f8f3f9b2fbf3ea">[email protected]</span></a>.
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
<a href="/cdn-cgi/l/email-protection#8cc1e5efe4ede9e0a2c7e5e8e3cce4fda2e8e3e9a2ebe3fa"><span class="__cf_email__" data-cfemail="d29fbbb1bab3b7befc99bbb6bd92baa3fcb6bdb7fcb5bda4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE gives notice of the issuance of its 
decision and order as set forth below. The decision and order grants GE 
a waiver from the applicable residential refrigerator and refrigerator-
freezer test procedures found in 10 CFR part 430, subpart B, appendix A 
for certain basic models of refrigerator-freezers with dual 
compressors, provided that GE tests and rates such products using the 
alternate test procedure described in this notice. Today's decision 
prohibits GE 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.

    Issued in Washington, DC, on February 6, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: GE Appliances (Case No. RF-042)

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Pub. L. 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 measuring 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 A.
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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. DOE 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(f)(2). 
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(f)(2). Waivers 
remain in effect pursuant to the provisions of 10 CFR 430.27(l).
    DOE also may grant a petitioning manufacturer with an interim 
waiver from the test procedure requirements when such relief is sought. 
10 CFR 430.27(e)(2). Within one year of issuance of an interim waiver, 
DOE will either: (i) Publish in the Federal Register a determination on 
the petition for waiver; or (ii) publish in the Federal Register a new 
or amended test procedure that addresses the issues presented in the 
waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to 
address the issues presented in a waiver, the waiver will automatically 
terminate on the date on which use of that test procedure is required 
to demonstrate compliance. 10 CFR 430.27(h)(2).

[[Page 7852]]

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

    On June 27, 2014, GE 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 
A. See 79 FR 55775 (Sept. 17, 2014). GE is seeking a waiver because it 
is developing new refrigerator-freezers that incorporate a dual-
compressor design that GE believes is not properly accounted for in 
DOE's final rule published on April 21, 2014 (78 FR 22320), which 
amended the test procedure for refrigerators and refrigerator freezers 
in Appendix A. In its petition, GE seeks a waiver from the new DOE test 
procedure applicable to refrigerators and refrigerator-freezers under 
10 CFR part 430 for two dual-compressor system basic models. 
Information provided by GE indicate that these basic models demonstrate 
non-uniform cycling of their compressors, which prevents the 
verification of two criteria in the Appendix A test procedure--to 
ensure (a) that the first part of the test comprises a period of stable 
operation, and (b) that the second part of the test (used to measure 
the energy use contribution of the defrost cycle(s)) both starts and 
ends during periods of stable operation.
    DOE previously granted a similar waiver to GE through a Decision 
and Order (78 FR 38699 (June 27, 2013)) under Case No. RF-029 
pertaining to 10 CFR part 430, subpart B, appendix A1. DOE also granted 
similar waivers to Sub-Zero (77 FR 5784 (February 6, 2012)), LG (77 FR 
18327 (March 26, 2013)); and Samsung (78 FR 35899 (June 14, 2013)) and 
(79 FR 19884 (April 10, 2014)).
    In its April 2014 final rule, DOE incorporated provisions to 
address the testing of products with multiple compressors, which were 
intended to obviate the need for waivers for multiple-compressor 
products such as the ones previously granted to GE and others, if these 
products are tested using the new Appendix A. However, in its petition 
for waiver, GE contended that due to certain characteristics of the 
basic models listed in the petition, the Appendix A test procedure does 
not accurately measure the energy consumption of these basic models. 
Specifically, GE claimed that requirements in the Appendix A test 
procedure that were included to ensure (a) that the first part of the 
test comprise a period of stable operation, and (b) that the second 
part of the test (used to measure the energy use contribution of the 
defrost cycle(s)) both starts and ends during periods of stable 
operation--cannot be applied to these basic models, because their 
compressor cycles do not repeat uniformly, which is one of the 
assumptions built into the test procedure.
    In lieu of using Appendix A, GE has submitted an alternate test 
procedure to account for the energy consumption of its refrigerator-
freezer models with dual compressors. GE's alternative test is 
essentially the same as the test for multiple-compressor products with 
automatic defrost in section 4.2.3 of Appendix A, except that: (a) The 
test period for the first part of the test would not be required to 
meet the requirements for evaluating stable operation provided in 
section 1.22 of Appendix A; (b) the second part of the test would have 
a minimum duration--this would be at least 24 hours, unless a second 
defrost (other than the target defrost captured within the test period) 
occurs before the end of 24 hours, in which case, the test period 
duration would be at least 18 hours; (c) the start of the second part 
of the test would occur ``at the end of a regular freezer compressor 
on-cycle after the previous defrost occurrence'' rather than during a 
period of stable operation as defined in section 1.22 of Appendix A; 
and (d) the end of the second part of the test would occur ``at the end 
of a freezer compressor on-cycle before the next defrost occurrence'' 
rather than during a period of stable operation as defined in section 
1.22 of Appendix A.
    GE believes its alternate test procedure will allow for the 
accurate measurement of the energy use of these products, which GE 
contends is not achieved by the current Appendix A test procedure. 
Specifically, due to the non-uniform compressor cycles of this product, 
which prevent consistent application of the requirements provided in 
section 1.22 of Appendix A for evaluating the stable operation of a 
tested unit, the alternative test would not explicitly impose these 
stable operation requirements. Based on the information provided by GE, 
the variation in test results associated with different selections of 
test periods would be insignificant as long as the test starts after 
the 24-hour stabilization period, which is required both by the 
Appendix A test procedure and the alternative test procedure suggested 
by GE. Further, GE's alternative test's minimum duration for the second 
part of the test would also not significantly affect the results.
    Although not explicitly stated in the alternative test method, or 
in GE's petition, DOE understands the term ``stable operation'' used in 
the petition to have a different meaning than the same term as used in 
Appendix A, since the alternative test method does not use the same 
stability criteria. In this case, DOE understands ``stable operation'' 
to mean operation after steady-state conditions have been achieved but 
excluding any defrost cycles or events associated with a defrost cycle, 
such as precooling or recovery, and that this term would apply in the 
same way for the first and second parts of the test. DOE understands 
the term also to mean operation in which the average rate of change of 
compartment temperatures is zero or very close to zero. These 
temperatures may fluctuate around representative average temperatures 
as the compressors cycle on and off, but over several compressor 
cycles, these average compartment temperatures would not significantly 
change. The key difference in this interpretation of stable operation 
as compared with the definition in Appendix A is that it involves 
neither assignment of a specific maximum rate of change of the average 
temperature nor specification of a method to verify that operation is 
stable. DOE further notes that this particular use of the term ``stable 
operation'' is limited solely to the basic models that are the subject 
of this waiver, as DOE has verified using information provided by GE 
about the actual operational characteristics of these models that such 
a test is appropriate in this limited case.
    GE also requested an interim waiver from the existing DOE test 
procedure, which DOE granted. See 79 FR 55776. 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(e)(2).
    As noted previously, DOE recently addressed multiple compressor 
products in its April 21, 2014 final rule. In considering GE's petition 
for waiver, DOE sought additional details about the specific operating 
characteristics of the products that are the subject of the petition in 
order to determine whether they cannot be tested using the section of 
the amended test procedure that was adopted specifically to address 
such products. GE indicated in its petition that the compressors 
serving the fresh food and freezer compartments of these models have 
non-synchronous cycles that do not repeat uniformly, which prevents 
these models from achieving

[[Page 7853]]

the temperature stability conditions specified in the Appendix A test 
procedure. To better understand GE's claim and the issues raised in the 
petition, DOE requested data regarding the operational characteristics 
of these products, which GE provided. DOE was specifically concerned 
that the use of GE's proposed test method could present the risk of 
truncation error in the energy use measurement or the possibility of 
variation between separate tests of the same unit due to temperature 
drift in the compartments or differences in the operational state of 
the compressors at the beginning or end of the test period. The data 
provided by GE indicated that these models demonstrate non-uniform 
cycling that makes direct use of the Appendix A requirements for 
evaluating temperature stability problematic--these requirements may be 
appropriate for some operating modes of the basic models, but not for 
other operating modes. The data also showed that the use of GE's 
proposed test method is unlikely to result in significant variation in 
test measurements for these particular models on the basis of the 
selected test period. DOE notes, however, that these conclusions are 
limited to the models listed in GE's petition based upon the data 
provided by GE and that other basic models may demonstrate operating 
characteristics that differ from these models, making this alternative 
test method inappropriate for measuring their energy use. Should DOE 
receive petitions for waiver requesting use of the alternative test 
identified in this notice for other basic models, DOE may request from 
the manufacturer information about the operation of those basic models 
that would demonstrate that their energy use can be accurately measured 
using this alternative test and that such models cannot in fact be 
tested using the currently assigned test method in Appendix A.
    DOE has reviewed the alternate procedure and believes that it will 
allow for the accurate measurement of the energy use of these products, 
while alleviating the testing problems associated with GE's 
implementation of a dual compressor system. DOE did not receive any 
comments on the GE petition.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the GE petition for waiver. The FTC staff did not have any 
objections to granting a waiver to GE.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by GE and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by GE Appliances (Case No. 
RF-042) is hereby granted as set forth in the paragraphs below.
    (2) GE shall be required to test and rate the following GE models 
according to the alternate test procedure set forth in paragraph (3) of 
this section.

ZIC30*****
ZIK30*****

    (3) GE 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 A, except that, 
for the GE products listed in paragraph (2) of this section only, the 
energy consumption shall be determined as follows:
[GRAPHIC] [TIFF OMITTED] TN12FE15.000

Where:

--ET is the test cycle energy (kWh/day);
--1440 = number of minutes in a day
--EP1 is the dual compressor energy expended during the first part 
of the test (If at least one compressor cycles, the test period for 
the first part of the test shall include a whole number of complete 
primary compressor cycles comprising at least 24 hours of stable 
operation, unless a defrost occurs prior to completion of 24 hours 
of stable operation, in which case the first part of the test shall 
include a whole number of complete primary compressor cycles 
comprising at least 18 hours of stable operation);
--T1 is the length of time for EP1 (minutes);
--D is the total number of compartments with distinct defrost 
systems;
--i is the variable that equals to 1, 2 or more that identifies the 
compartment with distinct defrost system;
--EP2i is the total energy consumed during the second (defrost) part 
of the test being conducted for compartment i. (kWh);
--T2i is the length of time (minutes) for the second (defrost) part 
of the test being conducted for compartment i.
--12 = conversion factor to adjust for a 50% run-time of the 
compressor in hours/day
--CTi is the compressor on time between defrosts for only 
compartment i. CTi for compartment i with long time automatic 
defrost system is calculated as per 10 CFR part 430, subpart B, 
Appendix A clause 5.2.1.2. CTi for compartment i with variable 
defrost system is calculated as per 10 CFR part 430 subpart B, 
Appendix A clause 5.2.1.3. (hours rounded to the nearest tenth of an 
hour).

    Stabilization: The test shall start after a minimum 24 hours 
stabilization run for each temperature control setting.
    Test Period for EP2i, T2i: EP2i includes precool, defrost, and 
recovery time for compartment i, as well as sufficient dual compressor 
cycles to allow T2i to be at least 24 hours, unless a defrost occurs 
prior to completion of 24 hours, in which case the second part of the 
test shall include a whole number of complete primary compressor cycles 
comprising at least 18 hours. The test period shall start at the end of 
a regular freezer compressor on-cycle after the previous defrost 
occurrence (refrigerator or freezer). The test period also includes the 
target defrost and following freezer compressor cycles, ending at the 
end of a freezer compressor on-cycle before the next defrost occurrence 
(refrigerator or freezer).
    Test Measurement Frequency: Measurements shall be taken at regular 
interval not exceeding 1 minute.
    * * *
    (4) Representations. GE may make representations about the energy 
use of its dual compressor refrigerator-freezer 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(l).
    (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 GE's 
June 27, 2014 petition for waiver. Grant of this

[[Page 7854]]

waiver does not release a petitioner from the certification 
requirements set forth at 10 CFR part 429.

    Issued in Washington, DC, on February 6, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-02952 Filed 2-11-15; 8:45 am]
BILLING CODE 6450-01-P


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