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[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25724-25728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10395]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-029]

Petition for Waiver of GE Appliances From the Department of 
Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure 
and Grant of Interim Waiver

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

ACTION: Notice of Petition for Waiver, Notice of Granting Application 
for Interim Waiver, and Request for Public Comments.

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SUMMARY: This notice announces receipt of a petition for waiver from GE 
Appliances (GE) seeking an exemption from specified portions of the 
U.S. Department of Energy (DOE) test procedure for determining the 
energy consumption of electric refrigerators and refrigerator-freezers. 
GE asks that it be permitted to use an alternate test procedure to 
address the difficulties in testing shared dual compressor systems 
according to the currently applicable DOE test procedure. DOE solicits 
comments, data, and information concerning GE's petition and the 
suggested alternate test procedure. Today's notice also grants GE with 
an interim waiver from the electric refrigerator-freezer test 
procedure, subject to use of the alternative test procedure set forth 
in this notice. The waiver request pertains to the basic models set 
forth in GE's petition that incorporate shared dual compressor systems.

DATES: DOE will accept comments, data, and information with respect to 
the GE Petition until June 3, 2013.

ADDRESSES: You may submit comments, identified by case number ``RF-
029,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. RF-029] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950

[[Page 25725]]

L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Please submit one 
signed original paper copy.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza SW., Washington, DC, 20024; (202) 586-2945, between 
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays. Available documents include the following items: (1) This 
notice; (2) public comments received; (3) the petition for waiver and 
application for interim waiver; and (4) prior DOE rulemakings regarding 
similar refrigerator-freezers. Please call Ms. Brenda Edwards at the 
above telephone number for additional information.

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, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. Email: 
Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 
1975, as amended (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 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 the energy efficiency, energy use, or 
estimated annual operating costs of a covered product, and that are not 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure 
for electric refrigerators and electric refrigerator-freezers is 
contained 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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    The regulations set forth in 10 CFR part 430.27 contain provisions 
that enable a person to seek a waiver from the test procedure 
requirements for covered products. The Assistant Secretary for Energy 
Efficiency and Renewable Energy (the Assistant Secretary) 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(l). 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(l). Waivers remain in effect pursuant to the provisions of 10 
CFR 430.27(m).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 430.27(g). An interim waiver remains in effect for 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever occurs earlier. DOE may extend an interim waiver for an 
additional 180 days. 10 CFR 430.27(h).

II. Petition for Waiver of Test Procedure

    On February 28, 2013, 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 
A1. GE is seeking 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, GE seeks a 
waiver from the existing DOE test procedure applicable to refrigerators 
and refrigerator-freezers under 10 CFR part 430 for the company's 
shared dual-compressor system products. In its petition, GE has set 
forth an alternate test procedure and notes in support of its petition 
that DOE has already granted Sub-Zero a similar waiver pertaining to 
the use of shared dual compressor-equipped refrigerators. See 76 FR 
71335 (November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 
2012) (Decision and Order). DOE has also granted an interim waiver to 
LG. See 77 FR 44603 (July 30, 2012). The reasons for which DOE granted 
Sub-Zero's waiver request and LG's interim waiver request apply as well 
to the GE basic models that are the subject of this waiver request: 
These models all use a shared compressor-based system with refrigerant-
Flow controlled by a 3-way valve and do not have the independent, 
sealed systems that the DOE test procedure is designed to address. 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.
    GE also requests an interim waiver from the existing DOE test 
procedure. 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(g).
    For the reasons discussed above, DOE has determined that use of the 
currently required DOE test procedure would provide test results so 
unrepresentative as to provide materially inaccurate comparative data. 
Therefore, it appears likely that GE's petition for waiver will be 
granted. For these same reasons, DOE has also determined that it is 
desirable for public policy reasons to grant GE immediate relief 
pending a determination of the petition for waiver. DOE grants GE's 
application for interim waiver from testing of its refrigerator-freezer 
product line containing dual compressors.
    Therefore, it is ordered that:
    The application for interim waiver filed by GE is hereby granted 
for GE's refrigerator-freezer product lines that incorporate dual 
compressors subject to the following specifications and conditions 
below. GE shall be required to test and rate its refrigerator-freezer 
product line containing dual compressors according to the alternate 
test procedure as set forth in section III, ``Alternate test 
procedure.''
    The interim waiver applies to the following basic models:

ZIC30GNDII
ZIK30GNDII

    DOE makes decisions on waivers and interim waivers for only those 
models

[[Page 25726]]

specifically set out in the petition, not future models that may be 
manufactured by the petitioner. GE may submit a new or amended petition 
for waiver and request for grant of interim waiver, as appropriate, for 
additional models of refrigerator-freezers for which it seeks a waiver 
from the DOE test procedure. In addition, DOE notes that granting of an 
interim waiver or waiver does not release a petitioner from the 
certification requirements set forth at 10 CFR part 429.
    Further, this interim waiver is conditioned upon the presumed 
validity of statements, representations, and documents provided by the 
petitioner. DOE may revoke or modify this interim waiver at any time 
upon a determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 430.27, DOE 
will consider setting an alternate test procedure for GE in a 
subsequent Decision and Order.
    During the period of the interim waiver granted in this notice, GE 
shall test the products listed above according to the test procedures 
for residential electric refrigerator-freezers prescribed by DOE at 10 
CFR part 430, subpart B, appendix A1, except that, for the GE products 
listed above only, include the following steps:
    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] TN02MY13.009

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 (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 EPI (minutes);
--D is the total number of compartments with distinct defrost 
systems;
--i is the variable that can equal 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 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 1 F (0.6 [degrees 1 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 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 1 
F (0.6 [degrees 1 C) of the EPI 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 interval not exceeding 1 
minute.
* * * * *

IV. Summary and Request for Comments

    Through today's notice, DOE grants GE an interim waiver from the 
specified portions of the test procedure applicable to GE's line of 
refrigerator-freezers with shared dual compressors and announces 
receipt of GE's petition for waiver from those same portions of the 
test procedure. DOE publishes GE's petition for waiver pursuant to 10 
CFR 430.27(b)(1)(iv). The petition includes a suggested alternate test 
procedure to determine the energy consumption of GE's specified 
refrigerator-freezers with shared dual compressors. GE is required to 
follow this alternate procedure as a condition of its interim waiver, 
and DOE is considering including this alternate procedure in its 
subsequent Decision and Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), any 
person submitting written comments to DOE must also send a copy of such 
comments to the petitioner. The contact information for the petitioner 
is: Earl F. Jones, Senior Counsel, GE Appliances, Appliance Park 2-225, 
Louisville, KY 40225. All submissions received must include the agency 
name and case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text 
(American Standard Code for Information Interchange (ASCII)) file

[[Page 25727]]

format and avoid the use of special characters or any form of 
encryption. Wherever possible, include the electronic signature of the 
author. DOE does not accept telefacsimiles (faxes).

    Issued in Washington, DC, on April 26, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

U.S. Department of Energy

Application for Interim Waiver and Petition for Waiver, 10CFR430, 
Subpart B, Appendix A1--Uniform Test Method for Measuring the Energy 
Consumption of Refrigerator-freezers

Case No.
Non-Confidential Version.
February 28, 2013.

Submitted by:

Earl F. Jones, Senior Counsel, GE Appliances, Appliance Park 2-225, 
Louisville, KY 40225, earl.jones@ge.com, 502-452-3164 (voice), 502-452-
0395 (fax).

U.S. Department of Energy Application for Interim Waiver and Petition 
for Waiver, 10CFR430, Subpart B, Appendix A1--Uniform Test Method for 
Measuring Refrigerator-Freezers

I. Introduction

    GE Appliances, an operating division of General Electric Co., 
(``GE'') is a leading manufacturer and marketer of household 
appliances, including, as relevant to this proceeding, 
refrigerators, files this Petition for Waiver and Application for 
Interim Waiver (collectively, ``Petition''). GE requests that the 
Assistant Secretary grant it a waiver from certain parts of the test 
procedure promulgated by the U.S. Department of Energy (``DOE'' or 
``the Department'') for determining refrigerator-freezer energy 
consumption and allow GE to test its new refrigerator-freezer model 
pursuant to the modified procedure submitted herewith. This request 
is filed pursuant to 10 CFR 430.27.
    The Department's regulations provide that the Assistant 
Secretary will grant a Petition upon ``determin[ation] that the 
basic model for which the waiver was requested contains a design 
characteristic which either prevents testing of the basic model 
according to the prescribed test procedures, or 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(l). GE requests that the Assistant Secretary grant this 
Petition on both grounds.
    First, the refrigerator energy test procedure set forth in 10 
CFR part 430, subpart B, Appendix A1 does not allow the energy used 
by GE's new refrigerator to be accurately calculated. The new 
refrigerator contains two compressors, each of which contributes to 
the cooling of the separate fresh-food and freezer compartments. 
Since the test procedure assumes that refrigerators have only one 
compressor it does not provide a method for calculating energy 
consumption of dual-compressor systems. Thus, GE's new model cannot 
be tested per the procedure.
    Second, if GE were to test its new dual-compressor refrigerator 
per the test procedure the results of the energy test so conducted 
would not accurately measure the energy used by the new model.

II. Background

    GE has designed and has plans to market a new refrigerator. In 
order to be assured that it is correctly calculating the energy 
consumption of the product, that the product meets the minimum 
energy requirements for its product class and is properly labeled, 
GE seeks the Department's expeditious concurrence to its proposed 
amendment to the refrigerator test procedure to provide for testing 
of dual compressor models.
    DOE granted Sub-Zero's waiver petition \2\ for refrigerators 
equipped with dual compressors acknowledging that the existing test 
procedure cannot properly measure the energy usage of refrigerators 
with dual systems. Thereafter, the Department granted LG Electronics 
USA, Inc.'s interim waiver application for its dual-compressor 
product.\3\
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    \2\ Sub-Zero, 77 FR 5784, Feb. 6, 2012.
    \3\ LG, 77 FR 44603, July 30, 2012.
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III. GE's Proposed Test Procedure

    In light of the above and since GE proposes to test its product 
in accordance with the test procedure that DOE has already approved 
for use by Sub-Zero and LG, the Department should grant GE's 
Petition and permit it to use the Sub-Zero-approved test procedure, 
which is set forth in Attachment 1 hereto.
    The reasons DOE granted Sub-Zero's waiver request apply as well 
to GE's product: GE's refrigerator also has a shared compressor 
system with refrigerant-flow controlled by a 3-way valve. It does 
not have the independent, sealed systems assumed by the DOE test 
procedure. As a result, it cannot be tested using the DOE test 
procedure. Moreover, using the test procedure would yield test 
results so unrepresentative as to provide materially inaccurate 
comparative data.
    The waiver should continue in effect until DOE amends the test 
procedure to accommodate such products. GE also requests that the 
Department grant an interim waiver to test and rate the models 
listed on Attachment 2. We would be pleased to discuss this request 
with DOE and provide further information as needed.
    GE requests expedited treatment of the Petition and Application.
    I hereby certify that all manufacturers of domestically marketed 
units of the same product type have been notified of this Petition 
and Application, list of which is found in Attachment 3, hereto.
    Respectfully submitted,

Earl F. Jones,
Senior Counsel and Authorized Representative of GE Appliances.

Attachment 1
[GRAPHIC] [TIFF OMITTED] TN02MY13.010

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 (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 EPI (minutes);
--D is the total number of compartments with distinct defrost 
systems;
--i is the variable that can equal 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 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 1 F (0.6 [degrees 1 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

[[Page 25728]]

used for test 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 1 F (0.6 [degrees 1 C) of the EPI 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 interval not exceeding 1 
minute.
* * * * *

Attachment 2

ZIC30GNDII
ZIK30GNDII

[FR Doc. 2013-10395 Filed 5-1-13; 8:45 am]
BILLING CODE 6450-01-P
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