7854 Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Notices 

1For editorial reasons, upon codification in the 

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

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 

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. 

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 refrigeratorfreezers. Sub-Zero’s request pertains to 

the specific hybrid refrigerated ‘‘storagewine 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 °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. 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: 

Bryan.Berringer@ee.doe.gov. 

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: 

Michael.Kido@hq.doe.gov. 

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. 

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 refrigeratorfreezers set forth in 10 CFR part 430, 

subpart B, appendix A. See 79 FR 55772 

(Sept. 17, 2014). In its petition, SubZero 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 


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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Notices 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 SubZero 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 SubZero product listed in paragraph (2) 

only, with a standardized temperature 

for the wine chiller compartment of 55 

°F, instead of the prescribed 39 °F. SubZero 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)]. 

(4) Representations. Sub-Zero may 

make representations about the energy 

use of its hybrid refrigerated ‘‘storagewine 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 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2503–154] 

Duke Energy Carolinas, LLC; Notice of 

Application Accepted for Filing, 

Soliciting Motions To Intervene and 

Protests, Ready for Environmental 

Analysis, and Soliciting Comments, 

Recommendations, Preliminary Terms 

and Conditions, and Preliminary 

Fishway Prescriptions 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: Major License. 

b. Project No.: 2503–154. 

c. Date filed: August 27, 2014. 

d. Applicant: Duke Energy Carolinas, 

LLC. 

e. Name of Project: Keowee-Toxaway 

Hydroelectric Project. 

f. Location: The existing KeoweeToxaway Project is located on the 

Toxaway, Keowee, and Little Rivers in 

Oconee County and Pickens County, 

South Carolina and Transylvania 

County, North Carolina. The KeoweeVerDate Sep<11>2014 13:54 Feb 11, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1

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