[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Notices]
[Pages 7854-7855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02985]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-040]


Decision and Order Granting a Waiver to Sub-Zero 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-040 that grants to Sub-Zero Group, 
Inc. a waiver from the DOE electric refrigerator and refrigerator-
freezer test procedures for determining the energy consumption of 
residential refrigerator-freezers. Sub-Zero's request pertains to the 
specific hybrid refrigerated ``storage-wine storage'' basic models set 
forth in its petition. Sub-Zero 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 39 [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. Under today's decision and order, Sub-
Zero shall be required to test and rate the hybrid refrigerated 
``storage-wine storage'' basic models identified in its petition using 
an alternate test procedure that takes the nature of these products 
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#3c7e4e455d52127e594e4e55525b594e7c595912585359125b534a"><span class="__cf_email__" data-cfemail="7537070c141b5b371007071c1b1210073510105b111a105b121a03">[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#703d19131811151c5e3b19141f3018015e141f155e171f06"><span class="__cf_email__" data-cfemail="b8f5d1dbd0d9ddd496f3d1dcd7f8d0c996dcd7dd96dfd7ce">[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 
Sub-Zero 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 hybrid refrigerated 
``storage-wine storage,'' provided that Sub-Zero tests and rates such 
products using the alternate test procedure described in this notice. 
Today's decision prohibits Sub-Zero 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 4, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Sub-Zero Group, Inc. (Case No. RF-040)

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. DOE 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 may also 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).

II. Sub-Zero's Petition for Waiver: Assertions and Determinations

    On May 19, 2014, Sub-Zero 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 55772 (Sept. 17, 2014). In its petition, Sub-Zero 
explained that it is unable to certify a hybrid refrigerator basic 
model (i.e., refrigerators that have a combination of one or more 
refrigerated storage compartments and a wine storage compartment) as 
compliant with DOE's energy conservation standards without a waiver. 
Sub-Zero asserted that the DOE test procedure does not contain a method 
to test these types of hybrid

[[Page 7855]]

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 requested 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 Sub-Zero models at issue. That guidance is available at the 
following link: http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/hybridwinechiller_faq2_2011-02-10.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 requested an interim waiver from the existing DOE 
test procedure, which DOE granted. See 79 FR at 55774. 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).
    DOE did not receive any comments on the Sub-Zero petition. However, 
on January 16, 2015, Sub-Zero via email to DOE indicated that there was 
an error in their waiver submission pertaining to the Wine Energy 
equation which had a set of parentheses missing and should be the same 
equation as requested by Panasonic Appliances Refrigeration Systems 
Corporation of America (PAPRSA) in the Extension of Waiver (Case No. 
RF-041) published in the Federal Register on September 17, 2014. 79 FR 
55769. 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 Sub-
Zero's hybrid refrigerator basic model.

III. Consultations With Other Agencies

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

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Sub-Zero and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by Sub-Zero Group, Inc. (Case 
No. RF-040) is hereby granted as set forth in the paragraphs below.
    (2) Sub-Zero shall be required to test and rate the following Sub-
Zero models according to the alternate test procedure set forth in 
paragraph (3) below.
    IW-30R
    (3) Sub-Zero 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 Sub-Zero product listed in paragraph (2) only, 
with a standardized temperature for the wine chiller compartment of 55 
[deg]F, instead of the prescribed 39 [deg]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:

E<INF>Wine</INF> = (ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)]) x 
0.85

    Energy consumption of the refrigerated beverage compartment:

E<INF>Refrigerated Compartment</INF> = ET1 + [(ET2-ET1) x (39 [deg]F-
TRC1)/(TRC2-TRC1)].

    (4) Representations. Sub-Zero may make representations about the 
energy use of its hybrid refrigerated ``storage-wine storage'' 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 Sub-
Zero's May 19, 2014 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 February 4, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-02985 Filed 2-11-15; 8:45 am]
BILLING CODE 6450-01-P


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