```

[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18327-18329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06847]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-024]

Decision and Order Granting a Waiver to LG Electronics, Inc. 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 (Case No. RF-024) that grants to LG Electronics, 
Inc. (LG) 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, LG shall be 
required to test and rate its refrigerator-freezers with dual 
compressors using an alternate test procedure that takes this 
technology into account when measuring energy consumption.

DATES: This Decision and Order is effective March 26, 2013.

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.
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: DOE gives notice of the issuance of its 
decision and order as set forth below. The decision and order grants LG 
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 refrigerator-freezers with dual 
compressors, provided that LG tests and rates such products using the 
alternate test procedure described in this notice. Today's decision 
prohibits LG from making representations concerning the energy 
efficiency of these products unless the product has been tested 
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 March 19, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: LG Electronics, Inc. (Case No. RF-024)

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 which 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.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    DOE's regulations for covered products contain provisions allowing 
a

[[Page 18328]]

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. LG's Petition for Waiver: Assertions and Determinations

    On May 10, 2012, LG filed 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. On June 28, 2012, LG amended its request by revising the list of 
particular models covered by its request. The May 2012 request 
initially covered a number of LG and Kenmore-branded products; the June 
2012 request revised this list to include only certain LG models. LG 
requested a waiver because it is developing new refrigerator-freezers 
that incorporate a dual compressor design that is not contemplated 
under DOE's test procedure. In its petition, LG requested a waiver from 
the existing DOE test procedure applicable to refrigerators and 
refrigerator-freezers under 10 CFR Part 430 for LG's dual compressor 
products. LG stated that its dual compressor products use shared 
compressor systems that are controlled by a 3-way valve. This type of 
system, LG argued, differs from the independent, sealed systems that 
the DOE test procedure is designed to address. In its petition, LG set 
forth an alternate test procedure and noted in support of its petition 
that DOE has already granted Sub-Zero a similar waiver pertaining to 
the use of dual compressor-equipped refrigerators. See 76 FR 71335 
(November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 2012) 
(Decision and Order). DOE did not receive any comments on the LG 
petition.

III. Consultations With Other Agencies

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

IV. Conclusion

    After careful consideration of all the material that was submitted 
by LG and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by LG Electronics, Inc. (Case 
No. RF-024) is hereby granted as set forth in the paragraphs below.
    (2) LG shall be required to test and rate the following LG models 
according to the alternate test procedure set forth in paragraph (3) 
below.

LG Brand

LFX32955**
LFX33955**
LFX34955**
LMX32955**
LMX33955**
LMX34955**

(Note: Each ``*'' represents a letter.)

    (3) LG 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 LG products listed in paragraph (2) only, replace the 
multiple defrost system, section 5.2.1.4 of appendix A1, with the 
following:
    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.2.1 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:
[GRAPHIC] [TIFF OMITTED] TN26MR13.000

Where:

1440 = number of minutes in a day;
ET is the test cycle energy (kWh/day);
i is the variable that can equal to 1, 2 or more that identifies the 
compartment with distinct defrost system;
D is the total number of compartments with distinct defrost systems;
EP1 is the dual compressor energy expended during the first part of 
the test (it is calculated for a whole number of freezer compressor 
cycles at least 24 hours in duration and may be the summation of 
several running periods that do not include any precool, defrost, or 
recovery periods);
T1 is the length of time for EP1 (minutes);
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; and
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 A1 clause 
5.2.1.2. CTi for compartment i with variable defrost system is 
calculated as per 10 CFR part 430 subpart B appendix A1 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.

Steady State for EP1

    The temperature average for the first and last compressor cycle of 
the test period must be within 1.0 [degrees] F (0.6 [degrees] C) of the 
test period temperature average for each compartment. Make this 
determination for the fresh food compartment for the fresh food 
compressor cycles closest to the start and end of the test period. If 
multiple segments are used for test

[[Page 18329]]

period 1, each segment must comply with above requirement.

Steady State for EP2i

    The second (defrost) part of the test must be preceded and followed 
by regular compressor cycles. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0 [degrees] F 
(0.6 [degrees] C) of the EP1 test period temperature average for each 
compartment.

Test Period for EP2i, T2i

    EP2i includes precool, defrost, and recovery time for compartment 
i, as well as sufficient dual compressor steady state run cycles to 
allow T2i to be at least 24 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 regular freezer compressor cycles, ending 
at the end of a regular freezer compressor on-cycle before the next 
defrost occurrence (refrigerator or freezer). If the previous condition 
does not meet 24 hours time, additional EP1 steady state segment data 
could be included. Steady state run cycle data can be utilized in EP1 
and EP2i.
    Test Measurement Frequency Measurements shall be taken at regular 
intervals not exceeding 1 minute.
    [End of 5.2.1.4]
    (4) Representations. LG 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(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 LG's 
May 10, 2012 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 March 19, 2013.

Kathleen B. Hogan,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2013-06847 Filed 3-25-13; 8:45 am]
BILLING CODE 6450-01-P
```