[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Proposed Rules]
[Pages 16739-16746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8937]



[[Page 16739]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

RIN No. 1904-AA93


Energy Conservation Program for Consumer Products: Proposed Rule 
Adding Test Procedures for Externally Vented Refrigerators and 
Refrigerator-Freezers

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

ACTION: Proposed rule.

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SUMMARY: The Department of Energy (Department or DOE) proposes test 
procedures for measuring the energy consumption of an externally vented 
refrigerator and externally vented refrigerator-freezer, a 
technological innovation which is not accommodated by the existing test 
procedures. Today's proposal would not change in any way the test 
procedures applicable to refrigerator and refrigerator-freezer designs 
without venting.

DATES: Written comments in response to this notice must be received by 
May 8, 1997. The Department requests 10 copies of the comments and, if 
possible, a computer disk. The Department is currently using 
WordPerfect<SUP>TM 6.1.

ADDRESSES: Written comments are to be submitted to: U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, EE-43, Room 
1J-018, ``Test Procedures for Refrigerators and Refrigerator-
Freezers,'' Docket No. EE-RM-97-118, Forrestal Building, 1000 
Independence Avenue, SW, Washington, DC 20585-0121. Telephone: (202) 
586-7574. Comments may be hand delivered between the hours of 8:00 a.m. 
and 4:00 p.m., Monday through Friday, except Federal holidays. Comments 
should be labeled, ``Test Procedures for Refrigerators and 
Refrigerator-Freezers'' (Docket No. EE-RM-97-118), both on the document 
or computer disk and on the envelope. Copies of public comments 
received may be read and/or photocopied at the Department of Energy 
Freedom of Information Reading Room, U.S. Department of Energy, 
Forrestal Building, Room 1E-190, 1000 Independence Avenue, SW, 
Washington, D.C. 20585-0121, telephone (202) 586-6020, between the 
hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT:

Michael G. Raymond, U.S. Department of Energy, Energy Efficiency and 
Renewable Energy, Mail Station EE-43, Forrestal Building, 1000 
Independence Avenue, SW, Washington, D.C., 20585-0121, (202) 586-9611
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence 
Avenue, SW, Washington, D.C. 20585-0103, (202) 586-9507

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Authority

    Part B of Title III of the Energy Policy and Conservation Act of 
1975, Public Law 94-163, as amended by the National Energy Conservation 
Policy Act, Public Law 95-619, the National Appliance Energy 
Conservation Act of 1987, Public Law 100-12, the National Appliance 
Energy Conservation Amendments of 1988, Public Law 100-357, and the 
Energy Policy Act of 1992, Public Law 102-486, created the Energy 
Conservation Program for Consumer Products other than Automobiles 
(Program).<SUP>1 The products currently subject to this Program (often 
referred to hereafter as ``covered products'') include electric 
refrigerators and electric refrigerator-freezers.
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    \1 \ Part B of Title III of Energy Policy and Conservation Act, 
as amended, is referred to in this proposed rule as ``EPCA'' or the 
``Act.'' Part B of Title III is codified at 42 U.S.C. 6291-6309.
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    Under the Act, the Program consists essentially of three parts: 
testing, labeling, and the Federal energy conservation standards. This 
proposed rule concerns the testing aspect of this program. The 
Department, with assistance from the National Institute of Standards 
and Technology, may amend or establish new test procedures, as 
appropriate, for any covered product. EPCA, Sec. 323. The purpose of 
the test procedures is to produce test results that measure energy 
efficiency, energy use, water use (in the case of showerheads, faucets, 
water closets and urinals), or estimated annual operating cost of a 
covered product during a representative average use cycle or period of 
use. The test procedures shall not be unduly burdensome to conduct. 
EPCA, Sec. 323(b)(3). One hundred and eighty days after a test 
procedure for a product is adopted, no manufacturer may make 
representations with respect to energy use, efficiency or water use of 
such product, or the cost of energy consumed by such product, except as 
reflected in tests conducted according to the DOE procedure. EPCA, 
Sec. 323(c)(2).
    Test procedures promulgated by DOE appear at 10 CFR Part 430, 
Subpart B. The ``Uniform Test Method for Measuring the Energy 
Consumption of Electric Refrigerators and Electric Refrigerator-
Freezers'' appears at Appendix A1 to Subpart B.
    Section 323(e) of the Act requires DOE to determine to what extent, 
if any, a proposed test procedure would alter the measured energy 
efficiency, measured energy use or measured water use of any covered 
product as determined under the existing test procedure. If DOE 
determines that an amended test procedure would alter the measured 
efficiency or measured use of a covered product, DOE is required to 
amend the applicable energy conservation standard accordingly. In 
determining the amended energy conservation standard, DOE is required 
to measure the energy efficiency or energy use of a representative 
sample of covered products that minimally comply with the existing 
standard. The average energy use of this representative sample, 
determined under the amended test procedure, constitutes the amended 
standard. EPCA, Sec. 323(e)(2).

B. Background

    Today's notice proposes to add test procedure amendments that are 
specific to a new product design--externally vented refrigerators and 
externally vented refrigerator-freezers. These test procedure 
amendments will apply only to this product design and will not apply to 
existing product designs of refrigerators and refrigerator-freezers 
without this feature. Existing test procedures for non-externally 
vented refrigerators and refrigerator-freezers will remain unchanged. 
The energy conservation standards for refrigerators and refrigerator-
freezers will be unaffected by the adoption or use of the proposed new 
test procedures.
    The Department does not believe that any of the proposed changes to 
the test procedures would alter the measurement of energy consumption 
of electric refrigerators and refrigerator-freezers currently on the 
market. Accordingly, adoption of the proposed amended test procedures 
would not require any change in energy conservation standards for 
refrigerators and refrigerator-freezers currently in place. In 
addition, the Department believes that the proposed test procedure 
amendments would have no effect on the pending rulemaking considering 
revised minimum energy conservation standards for electric

[[Page 16740]]

refrigerators, refrigerator-freezers and freezers. (Docket No. EE-RM-
93-801).
    On March 14, 1995, Edward Schulak Equities, Inc. (``ESE'') 
submitted a letter to the Department regarding the inapplicability of 
existing test procedures in Appendix A1 to externally vented 
refrigerators. ESE submitted a description of an externally vented 
refrigerator from a recently granted patent. ESE claimed that allowing 
cooler outside air to be passed over the condenser/compressor of a 
refrigerator would reduce energy consumption of the refrigerator. ESE 
explained that the existing test procedures address only a closed 
system without the possibility of transfer of exterior air cooler than 
the ambient room temperature. Based on the information submitted, the 
Department agrees that the existing test procedures do not permit the 
measurement of energy consumption of an externally vented refrigerator.
    While ESE's letter was submitted as a petition for waiver, the 
Department concluded that its waiver process was not appropriate 
because waivers apply to ``basic models,'' and no models are currently 
being manufactured incorporating this invention, nor is the invention 
being produced for retrofitting. Therefore, the Department published 
ESE's letter and issued a Notice of Inquiry inviting public comment on 
several issues relating to the energy consumption, manufacturability, 
and retrofitting of externally vented refrigerators. 60 FR 37603 (July 
21, 1995). The Department also invited comments on methods of testing 
externally vented refrigerators and refrigerator-freezers to determine 
energy savings. Notice of Inquiry at 60 FR 37604. No public comments 
were received in response to this Notice of Inquiry.
    On November 13, 1995, acting upon the Department's suggestion, ESE 
submitted a draft of proposed amendments to the test procedures for 
refrigerators and refrigerator-freezers. The Department referred this 
submittal to the National Institute of Standards and Technology (NIST). 
NIST, the Department and ESE representatives extensively discussed the 
requirements for test procedures for externally vented refrigerators 
and refrigerator-freezers. NIST conducted an analysis of test 
procedures for externally vented refrigerators and refrigerator-
freezers. The notice published today by the Department reflects these 
extensive discussions and subsequent NIST recommendations for test 
procedure amendments.
    Today's notice proposes revising the test procedures for electric 
refrigerators and electric refrigerator-freezers appearing in 10 CFR 
Part 430, Subpart B, Appendix A1 by: (1) Adding a definition of 
externally vented refrigerators and refrigerator-freezers to which the 
revisions are applicable, (2) prescribing test conditions for 
externally vented refrigerators and refrigerator-freezers, (3) 
specifying energy consumption measurement tests for externally vented 
refrigerators and refrigerator-freezers, and (4) including calculation 
methods for deriving results from test measurements.

II. Discussion

    The current test procedures for refrigerators and refrigerator-
freezers, found at 10 CFR Part 430, Appendix A1 of Subpart B, does not 
address testing of externally vented refrigerators and refrigerator-
freezers. The existing test procedures apply to a refrigerator system 
to which cool outside air cannot be conducted for purposes of heat 
transfer. Externally vented refrigerators would be designed to permit 
outside air to be introduced across the refrigerator's condenser and 
compressor and, in some cases, throughout the walls of the 
refrigerator. The introduction of outside air at temperatures lower 
than the ambient room air temperature permits more efficient heat 
transfer, potentially resulting in energy savings.
    The Department therefore proposes to revise the test procedures to 
include provisions tailored to measuring the energy consumption of 
externally vented refrigerators and refrigerator-freezers. These 
provisions will add to, rather than replace, the existing test 
procedures, which remain fully applicable to both externally vented and 
non-vented refrigerators and refrigerator-freezers. The Department 
emphasizes that the proposed amendments to the test procedures do not 
affect in any way the test procedures applicable to existing 
refrigerator designs. The amendments provide a method for accurately 
measuring the energy consumption of an enclosed, externally vented 
refrigerator or refrigerator-freezer unit and take account of design 
features (e.g., enclosed condenser, outside air conduits, dampers) 
peculiar to an externally vented refrigerator or refrigerator-freezer 
that circulates outside air around its condenser. The amendments do not 
apply to refrigerators or refrigerator-freezers that use outside air 
through the refrigerator walls. With these amendments, the test 
procedures will provide a basis for making comparable measurements of 
energy consumption for externally vented and unvented refrigerators and 
refrigerator-freezers.
    The Department also emphasizes that recognition of a design option 
of externally vented refrigerators and refrigerator-freezers does not 
affect in any way the Department's consideration of design options in 
connection with its consideration of proposed revisions to energy 
consumption standards for refrigerators and refrigerator-freezers. This 
design option was not included in the standards rulemaking record and 
therefore cannot be considered in the current standards rulemaking.
    The Department invites comments on any aspect of the proposed test 
procedure amendments for externally vented refrigerators and 
refrigerator-freezers.
    The Department today proposes to amend the test procedures 
applicable to electric refrigerators and electric refrigerator-freezers 
(10 CFR Part 430, Subpart B, Appendix A1), as follows:
    1. Definitions and applicability of amended test procedures. The 
Department proposes to define ``externally vented refrigerator or 
refrigerator-freezer'' as a refrigerator or refrigerator-freezer with 
an enclosed condenser or an enclosed condenser/compressor compartment, 
and a set of air ducts for transferring exterior air from outside the 
building envelope into, through, and out of the refrigerator or 
refrigerator-freezer cabinet (section 1.12). Energy consumption savings 
from an externally vented refrigerator or refrigerator-freezer should 
be achievable for outside air temperatures between 60  deg.F and 80 
deg.F. Above 80  deg.F, outside air may be warmer than ambient room 
air, making heat transfer in the wrong direction for energy savings. 
Below 60  deg.F, outside air may be too cool for optimal operation of 
the unit. The proposed amendments to the test procedures are generally 
predicated upon a unit's design that permits the exclusion and/or 
mixing of outside air that is either above 80  deg.F or below 60 
deg.F. Accordingly, the amendments to the test procedures will apply 
only under conditions where the externally vented refrigerator or 
refrigerator-freezer design is capable of mixing the exterior air drawn 
in from outside the building envelope with the ambient room air. The 
modification includes thermostatically controlled dampers or controls 
that: 1) enable the proper mixing of outside and ambient room air when 
the outside air temperature is lower than 60  deg.F, and 2) exclude 
outside air warmer than 80  deg.F, or warmer than room air temperature 
(section 1.12). Externally vented units could have

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temperature controls that exclude outside air either at a pre-set 
temperature no lower than 80  deg.F or when the outside air temperature 
exceeds the ambient room air temperature (section 1.12). The test 
procedures require that prior to conducting energy consumption tests, 
the operability of thermostatic controls be verified (section 5.4.1). 
All tests must generally be conducted with the thermostatic controls 
operable. A special rule is provided for testing energy consumption 
when mixing controls do not operate properly (section 5.4.2.4). The 
test procedures will take account of the energy consumption of any 
exterior air fan that draws air to the refrigerator cabinet.
    2. Exterior air source. The Department recognizes that actual 
testing should take place under conditions of variable exterior air 
temperatures and, therefore, proposes to require that prescribed test 
conditions include the provision of an external air source that 
provides air at adjustable temperature and pressure capabilities 
(section 2.6). The test procedures prescribe the location of 
temperature sensors for measuring the air temperature at the inlet to 
the condenser/compressor compartment (section 2.6.2). Air temperature 
will also be measured at the exterior air source. Temperature 
measurements are to be made at prescribed intervals.
    3. Air ducts. Externally vented refrigerators and refrigerator/
freezers depend upon air ducts to transfer exterior air to the 
refrigerator cabinet. Rather than specifying the length, diameter, 
shape and material of the duct, the Department proposes to specify air 
pressure requirements as a uniform test condition (section 2.6.3). 
Specifically, the proposed test procedures require exterior air 
pressure at the inlet to the refrigerator unit to be maintained at a 
negative pressure of 0.20'' <plus-minus> 0.05'' water column (62 Pa 
<plus-minus> 12.5 Pa). The test procedures also specify location 
distances for the pressure sensors, relative to the exterior air source 
(i.e., the inlet to the building envelope) and to the condenser inlet.
    4. Applicability of general test method conditions. The proposed 
amendments to the test procedures are not intended to supplant existing 
test methods applicable to all other refrigerators and refrigerator-
freezers. Accordingly, the proposed amendments provide that, except as 
expressly modified, the test conditions and specifications included in 
the existing test procedures shall also apply to externally vented 
refrigerators and refrigerator-freezers (section 5.4).
    5. Energy consumption correction factor for test measurements. The 
Department proposes a series of formulas for determining energy 
consumption from test measurements. First, the Department recognizes 
that energy consumption of any refrigerator will be different with and 
without door openings. Under the existing test procedure, refrigerators 
are tested at 90  deg.F without door openings to simulate the energy 
consumption they would have at normal room temperature with door 
openings. Normal room temperature for the refrigerator test procedure 
is considered to be 80  deg.F, the typical temperature of the ambient 
air surrounding the refrigerator's condenser. An externally vented 
refrigerator will show an artificially low energy consumption compared 
to an unvented refrigerator when tested at 90  deg.F room air 
temperature, because 90  deg.F is warmer than normal room temperature. 
The Department proposes to require calculation of a correction factor 
for each basic model of externally vented refrigerator. The correction 
factor is the ratio of the energy consumption of an externally vented 
refrigerator (with external venting disabled) at 90  deg.F inlet air 
temperature to the energy consumption of the unit at 80  deg.F inlet 
air temperature (sections 5.4.2.1 and 6.3.1).
    6. Energy consumption test measurements and calculations. Based on 
analysis by NIST and its derivation of an algebraic equation for 
determining energy consumption over a range of outside air 
temperatures, the Department has determined that test measurements of 
energy consumption need be taken at only two outside air temperatures, 
90  deg.F and 60  deg.F (sections 5.4.2.2 and 5.4.2.3). If the outside 
air temperature is not in this range, mixing controls and dampers will 
keep the condenser inlet temperature within the range. Accordingly, the 
Department proposes an energy profile equation that will allow for the 
interpolation of energy consumption at outside air temperatures within 
this range (section 6.3.4). The parameters of the energy profile 
equation are determined for each basic model of externally vented 
refrigerator that is tested, based on the measured energy consumption 
during testing at 90  deg.F and 60  deg.F.
    Once the parameters of the energy profile equation are determined, 
the test procedures provide a basis for calculating energy consumption 
at various temperatures. Because temperatures vary across the country, 
throughout a day, and throughout the year, the proposed test procedures 
specify an energy consumption formula that determines a unit's total 
energy consumption based on weighted averaging of the unit's energy 
consumption at different exterior air temperatures. The test procedures 
provide weighting factors for a national average energy consumption 
(section 6.3.6) and weighting factors for four different regions of the 
country, which are identified on a map. This procedure was based on the 
test procedure for heat pumps, for which energy savings are also a 
function of climate. The regional map is the same as that used in the 
heat pump test procedure, except Regions I and II from the heat pump 
test procedure are combined and called Region I. Externally vented 
refrigerators need only be tested at 90  deg.F and 60  deg.F, and from 
such measurements, application of the correction factor, and 
application of the energy profile equation, the unit's average per 
cycle energy consumption can be determined for the nation as a whole 
and for each of the four regions of the country. The Department 
recognizes the Federal Trade Commission (FTC) has authority to 
prescribe labeling requirements for all types of refrigerators and 
other covered products and may require fact sheets containing regional 
performance information. The proposed energy consumption measurement 
formulas would satisfy the FTC's requirements.
    7. Reporting requirements. The Department is proposing to add a 
reporting requirement for externally vented refrigerators and 
refrigerator-freezers. The energy savings due to externally venting a 
refrigerator or refrigerator-freezer is a function of the outdoor air 
temperature, therefore, externally vented refrigerators and 
refrigerator-freezer's energy use will depend on climate. The 
Department proposes to require that a manufacturer's certification 
report include the national average annual energy use for externally 
vented refrigerators and refrigerator-freezers. Separate reporting of 
regional per cycle energy consumption would not be required.

III. Review Under the National Environmental Policy Act of 1969

    In this rule, the Department proposes amendments to the test 
procedures for refrigerators and refrigerator-freezers to include 
externally vented refrigerators and refrigerator-freezers. The 
Department has determined that this rule is covered under the 
Categorical Exclusion found at paragraph A.6 of appendix A to Subpart 
D, 10 CFR Part 1021, which applies to the establishment of procedural 
rulemakings. This Proposed Rule is also a procedural rulemaking and its 
implementation will not affect the

[[Page 16742]]

quality or distribution of energy usage and therefore will not result 
in any environmental impacts. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

IV. Regulatory Review

    Today's regulatory proposal has been determined not to be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993). 
Accordingly, today's action was not subject to review under the 
Executive Order by the Office of Information and Regulatory Affairs.

V. Regulatory Flexibility Review

    The proposed rule has been reviewed under the Regulatory 
Flexibility Act, Pub. L. 96-354 (42 U.S.C. 601-612) which requires 
preparation of a regulatory flexibility analysis for any regulation 
that will have a significant economic impact on a substantial number of 
small entities, i.e., small businesses and small government 
jurisdictions. The proposed rule would not have significant economic 
impact on manufacturers of externally vented refrigerators and 
refrigerator-freezers. The rule, if promulgated, would modify the 
testing methods that currently apply. DOE accordingly certifies that 
the proposed rule would not, if promulgated, have a significant 
economic impact on a substantial number of small entities and that 
preparation of a regulatory flexibility analysis is not warranted.

VI. ``Takings'' Assessment Review

    It has been determined pursuant to Executive Order 12630 (52 FR 
8859, March 18, 1988) that this proposed regulation, if adopted, would 
not result in any takings which might require compensation under the 
Fifth Amendment to the United States Constitution.

VII. Federalism Review

    Executive Order 12612 (52 FR 41685, October 30, 1987) requires that 
regulations or rules be reviewed for any substantial direct effects on 
States, on the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among 
various levels of Government. If there are sufficient substantial 
direct effects, the Executive Order 12612 requires the preparation of a 
Federalism assessment to be used in decisions by senior policy makers 
in promulgating or implementing the regulation.
    The proposed rule published today would not alter the distribution 
of authority and responsibility to regulate in this area. The proposed 
rule would only revise a currently applicable DOE test procedure to 
accommodate a technological development in the manufacture of 
refrigerators and refrigerator-freezers. Accordingly, DOE has 
determined that preparation of a federalism assessment is unnecessary.

VIII. Paperwork Reduction Act Review

    This proposed rule contains no new collections of information under 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

IX. Review Under Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') requires that the Department prepare a budgetary impact 
statement before promulgating a rule that includes a Federal mandate 
that may result in expenditure by state, local, and tribal governments, 
in the aggregate, or by the private sector, of $100 million or more in 
any one year. The budgetary impact statement must include: (i) 
Identification of the Federal law under which the rule is promulgated; 
(ii) a qualitative and quantitative assessment of anticipated costs and 
benefits of the Federal mandate and an analysis of the extent to which 
such costs to state, local, and tribal governments may be paid with 
Federal financial assistance; (iii) if feasible, estimates of the 
future compliance costs and of any disproportionate budgetary effects 
the mandate has on particular regions, communities, non-Federal units 
of government, or sectors of the economy; (iv) if feasible, estimates 
of the effect on the national economy; and (v) a description of the 
Department's prior consultation with elected representatives of state, 
local, and tribal governments and a summary and evaluation of the 
comments and concerns presented.
    The Department has determined that the action proposed today does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to state, local or to tribal governments in the 
aggregate or to the private sector. Therefore, the requirements of 
Sections 203 and 204 of the Unfunded Mandates Act do not apply to this 
action.

X. Review Under Executive Order 12988, ``Civil Justice Reform''

    With respect to the review of existing regulations and the 
promulgation of new regulations, Section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. With regard to the review 
required by Section 3(a), Section 3(b) of the Executive Order 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provide a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of the Executive Order requires Executive 
agencies to review regulations in light of applicable standards Section 
3(a) and Section 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE reviewed today's proposed 
rulemaking under the standards of Section 3 of the Executive Order and 
determined that, to the extent permitted by law, they meet the 
requirements of those standards.

XI. Public Comment Procedures

A. Written Comment Procedures

    Interested persons are invited to participate in the rulemaking by 
submitting data, comments, or information with respect to the proposed 
test procedures set forth in this notice to the address indicated at 
the beginning of the notice.
    Comments should be identified both on the envelope and on the 
documents as ``Test Procedures for Refrigerators and Refrigerator-
Freezers,'' Docket No. EE-RM-97-118. Ten (10) copies are requested to 
be submitted. In addition, the Department requests that an electronic 
copy (3\1/2\'' diskette) of the comments on WordPerfect<SUP>TM 6.1 be 
provided. All submittals received by the date specified at the 
beginning of this notice will be considered by the Department of Energy 
before final action is taken on the proposed amendments.
    Pursuant to the provisions of 10 CFR 1004.11, any person submitting 
information that he or she believes to be

[[Page 16743]]

confidential and exempt by law from public disclosure should submit one 
complete copy of the document and ten (10) copies, if possible, from 
which the information believed to be confidential has been deleted. The 
Department of Energy will make its own determination with regard to the 
confidential status of the information and treat it according to its 
determination.
    Factors of interest to DOE when evaluating requests to treat as 
confidential information that has been submitted include: (1) A 
description of the items; (2) an indication as to whether and why such 
items are customarily treated as confidential within the industry; (3) 
whether the information is generally known by or available from other 
sources; (4) whether the information has previously been made available 
to others without obligation concerning its confidentiality; (5) an 
explanation of the competitive injury to the submitting person that 
would result from public disclosure; (6) an indication as to when such 
information might lose its confidential character due to the passage of 
time; and (7) why disclosure of the information would be contrary to 
the public interest.

B. Issues for Public Comment

    The Department of Energy is interested in receiving comments and 
data concerning the suitability and workability of these test 
procedures. Also, the Department welcomes comment on improvements or 
alternatives to these approaches. In particular, DOE is interested in 
gathering comments on the following:
    <bullet> The appropriateness of providing test procedures for 
externally vented refrigerators and refrigerator-freezers.
    <bullet> The definition of externally vented refrigerators and 
refrigerator-freezers and the applicability of the proposed revisions 
of the test procedures.
    <bullet> The interaction of the externally vented refrigerator and 
refrigerator/freezer and its associated air conduits and building 
envelope penetration with the building heating and cooling loads.
    <bullet> The effects on energy conservation if externally vented 
refrigerators and refrigerator-freezers are installed without the 
outside air connection, and methods for adjusting the test results to 
account for the likely failure of some consumers to make use of this 
feature.
    <bullet> The appropriate test conditions for externally vented 
refrigerators and refrigerator-freezers, including the selection of 
outside air temperatures at which testing should occur.
    <bullet> The appropriateness of the correction factor to account 
for the externally vented refrigerator and refrigerator-freezer's 
testing advantage resulting from the 90 deg.F test temperature.
    <bullet> The appropriateness of the energy profile equations and 
the derivation of formulas for computing energy consumption from test 
results.
    <bullet> The appropriateness and means of measuring national and 
regional average per cycle energy consumption.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

    Issued in Washington, DC, March 24, 1997.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, Part 430 of Chapter II 
of Title 10, Code of Federal Regulations is proposed to be amended as 
follows:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for Part 430 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6309.

    2. Section 430.23 (a) is amended in the following respects:

Subpart B--Test Procedures


Sec. 430.23   Test procedures for measures of energy consumption.

    (a) Refrigerators and refrigerator-freezers. (1) The estimated 
annual operating cost for electric refrigerators and electric 
refrigerator-freezers without an anti-sweat heater switch shall be the 
product of the following three factors:
    (i) The representative average-use cycle of 365 cycles per year,
    (ii) The average per-cycle energy consumption for the standard 
cycle in kilowatt-hours per cycle, determined according to 6.2 or 6.3.6 
of appendix A1 of this subpart for the non-externally vented or 
externally vented units, respectively, and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (2) The estimated annual operating cost for electric refrigerators 
and electric refrigerator-freezers with an anti-sweat heater switch 
shall be the product of the following three factors:
    (i) The representative average-use cycle of 365 cycles per year,
    (ii) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just prior to shipping, each in kilowatt-hours per 
cycle, determined according to 6.2 or 6.3.6 of appendix A1 of this 
subpart for the non-externally vented or externally vented units, 
respectively, and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (3) The estimated annual operating cost for any other specified 
cycle type for electric refrigerators and electric refrigerator-
freezers shall be the product of the following three factors:
    (i) The representative average-use cycle of 365 cycles per year,
    (ii) The average per-cycle energy consumption for the specified 
cycle type, in kilowatt-hours per cycle, determined according to 6.2 or 
6.3.6 of appendix A1 of this subpart for the non-externally vented or 
externally vented units, respectively, and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (4) The energy factor for electric refrigerators and electric 
refrigerator-freezers, expressed in cubic feet per kilowatt-hour per 
cycle, shall be--
    (i) For electric refrigerators and electric refrigerator-freezers 
not having an anti-sweat heater switch, the quotient of
    (A) The adjusted total volume in cubic feet, determined according 
to 6.1 of Appendix A1 of this subpart, divided by
    (B) The average per-cycle energy consumption for the standard cycle 
in kilowatt-hours per cycle, determined according to 6.2 or 6.3.6 of 
appendix A1 of this subpart for the non-externally vented or externally 
vented units, respectively, the resulting quotient then being rounded 
off to the second decimal place, and
    (ii) For electric refrigerators and electric refrigerator-freezers 
having an anti-sweat heater switch, the quotient of
    (A) The adjusted total volume in cubic feet, determined according 
to 6.1 of Appendix A1 of this subpart, divided by
    (B) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just prior to

[[Page 16744]]

shipping, each in kilowatt-hours per cycle, determined according to 6.2 
or 6.3.6 of appendix A1 of this subpart for the non-externally vented 
or externally vented units, respectively, the resulting quotient then 
being rounded off to the second decimal place.
    (5) The annual energy use of electric refrigerators and electric 
refrigerator-freezers equals the representative average use cycle of 
365 cycles per year times the average per-cycle energy consumption for 
the standard cycle in kilowatt-hours per cycle, determined according to 
6.2 or 6.3.6 of appendix A1 of this subpart for the non-externally 
vented or externally vented units, respectively.
    (6) Other useful measures of energy consumption for electric 
refrigerators and electric refrigerator-freezers shall be those 
measures of energy consumption for electric refrigerators and electric 
refrigerator-freezers which the Secretary determines are likely to 
assist consumers in making purchasing decisions which are derived from 
the application of appendix A1 of this subpart.
    (7) The estimated regional annual operating cost for externally 
vented electric refrigerators and externally vented electric 
refrigerator-freezers without an anti-sweat heater switch shall be the 
product of the following three factors:
    (i) The representative average cycle of 365 cycles per year,
    (ii) The regional average per-cycle energy consumption for the 
standard cycle in kilowatt-hours per cycle, determined according to 
6.3.7 of appendix A1 of this subpart and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (8) The estimated regional annual operating cost for externally 
vented electric refrigerators and externally vented electric 
refrigerator-freezers with an anti-sweat heater switch shall be the 
product of the following three factors:
    (i) The representative average cycle of 365 cycles per year,
    (ii) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the regional average per-cycle energy 
consumption for a test cycle type with the anti-sweat heater switch in 
the position set at the factory just prior to shipping, each in 
kilowatt-hours per cycle, determined according to 6.3.7 of appendix A1 
of this subpart, and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (9) The estimated regional annual operating cost for any other 
specified cycle type for externally vented electric refrigerators and 
externally vented electric refrigerator-freezers shall be the product 
of the following three factors:
    (i) The representative average cycle of 365 cycles per year,
    (ii) The regional average per-cycle energy consumption for the 
specified cycle type, in kilowatt-hours per cycle, determined according 
to 6.3.7 of appendix A1 of this subpart, and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
* * * * *
    3. Section 1 of Appendix A1 is amended by adding the following 
definition:

Appendix A1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Electric Refrigerators and Electric 
Refrigerator-Freezers

1. Definitions

* * * * *
    1.12  Externally vented refrigerator or refrigerator-freezer 
means an electric refrigerator or electric refrigerator-freezer 
that: has an enclosed condenser or an enclosed condenser/compressor 
compartment and a set of air ducts for transferring the exterior air 
from outside the building envelope into, through and out of the 
refrigerator or refrigerator-freezer cabinet; is capable of mixing 
exterior air with the room air before discharging into, through, and 
out of the condenser or condenser/compressor compartment; includes 
thermostatically controlled dampers or controls that enable the 
proper mixing of the exterior and room air at low outdoor 
temperatures, and the exclusion of exterior air when the outdoor air 
temperature is above 80 deg.F or the room air temperature. It may 
have a thermostatically actuated exterior air fan.

    4. Section 2 of Appendix A1 is amended by adding the following new 
sections:

2. Test Conditions

* * * * *
    2.6  Exterior air for externally vented refrigerator or 
refrigerator-freezer. An exterior air source shall be provided with 
adjustable temperature and pressure capabilities. The exterior air 
temperature shall be adjustable from 35<plus-minus>1  deg.F 
(1.7<plus-minus>0.6  deg.C) to 90<plus-minus>1  deg.F 
(32.2<plus-minus>0.6  deg.C).
    2.6.1  Air duct. The exterior air shall pass from the exterior 
air source to the test unit through an insulated air duct.
    2.6.2  Air temperature measurement. The air temperature entering 
the condenser or condenser/compressor compartment shall be 
maintained to <plus-minus>3  deg.F (1.7  deg.C) during the 
stabilization and test periods and shall be measured at the inlet 
point of the condenser or condenser/compressor compartment 
(``condenser inlet''). Temperature measurements shall be taken from 
at least three temperature sensors or one sensor per 4 square inches 
of the air duct cross sectional area, whichever is greater, and 
shall be averaged. For a unit that has a condenser air fan, a 
minimum of three temperature sensors at the condenser fan discharge 
shall be required. Temperature sensors shall be arranged to be at 
the centers of equally divided cross sectional areas. The exterior 
air temperature, at its source, shall be measured and maintained to 
<plus-minus>1  deg.F (0.6  deg.C) during the test period. The 
temperature measuring devices shall have an error not greater than 
<plus-minus>0.5  deg.F (<plus-minus>0.3  deg.C). Measurements of the 
air temperature during the test period shall be taken at regular 
intervals not to exceed four minutes.
    2.6.3  Exterior air static pressure. The exterior air static 
pressure at the inlet point of the unit shall be adjusted to 
maintain a negative pressure of 0.20'' <plus-minus>0.05'' water 
column (62 Pa<plus-minus>12.5 Pa) for all air flow rates supplied to 
the unit. The pressure sensor shall be located on a straight duct 
with a distance of at least 7.5 times the diameter of the duct 
upstream and a distance of at least 3 times the diameter of the duct 
downstream. There shall be four static pressure taps at 90 deg. 
angles apart. The four pressures shall be averaged by 
interconnecting the four pressure taps. The air pressure measuring 
instrument shall have an error not greater than 0.01'' water column 
(2.5 Pa).

    5. Section 5 of Appendix A1 is amended by adding the following new 
sections:

5. Test measurements

* * * * *
    5.4  Externally vented refrigerator or refrigerator-freezer 
units. All test measurements for the externally vented refrigerator 
or refrigerator-freezer shall be made in accordance with the 
requirements of other sections of this Appendix, except as modified 
in this section 5.4 or other sections expressly applicable to 
externally vented refrigerators or refrigerator-freezers.
    5.4.1  Operability of thermostatic and mixing of air controls. 
Prior to conducting energy consumption tests, the operability of 
thermostatic controls that permit the mixing of exterior and ambient 
air when exterior air temperatures are less than 60  deg.F must be 
verified. The operability of such controls shall be verified by 
operating the unit under ambient air temperature of 90  deg.F and 
exterior air temperature of 45  deg.F. If the inlet air entering the 
condenser or condenser/compressor compartment is maintained at 60 
deg.F, plus or minus three degrees, energy consumption of the unit 
shall be measured under sections 5.4.2.2, and 5.4.2.3. If the inlet 
air entering the condenser or condenser/compressor compartment is 
not maintained at 60  deg.F, plus or minus three degrees, energy

[[Page 16745]]

consumption of the unit shall also be measured under section 
5.4.2.4.
    5.4.2  Energy consumption tests.
    5.4.2.1  Correction factor test. To enable calculation of a 
correction factor, K, two full cycle tests shall be conducted to 
measure energy consumption of the unit with air mixing controls 
disabled and the condenser inlet air temperatures set at 90  deg.F 
(32.2  deg.C) and 80  deg.F (26.7  deg.C). Both tests shall be 
conducted with all compartment temperature controls set at the 
position midway between their warmest and coldest settings and the 
anti-sweat heater switch off. Record the energy consumptions 
ec<INF>90 and ec<INF>80, in kWh/day.
    5.4.2.2  Energy consumption at 90  deg.F. The unit shall be 
tested at 90  deg.F (32.2  deg.C) exterior air temperature to record 
the energy consumptions (e<INF>90)<INF>i in kWh/day. For a given 
setting of the anti-sweat heater, i corresponds to each of the two 
states of the compartment temperature control positions.
    5.4.2.3  Energy consumption at 60  deg.F. The unit shall be 
tested at 60  deg.F (26.7  deg.C) exterior air temperature to record 
the energy consumptions (e<INF>60)<INF>i in kWh/day. For a given 
setting of the anti-sweat heater, i corresponds to each of the two 
states of the compartment temperature control positions.
    5.4.2.4  Energy consumption if mixing controls do not operate 
properly. If the operability of temperature and mixing controls has 
not been verified as required under section 5.4.1, the unit shall be 
tested at 50  deg.F (10.0  deg.C) and 30  deg.F (-1.1  deg.C) 
exterior air temperatures to record the energy consumptions 
(e<INF>50)<INF>i and (e<INF>30)<INF>i. For a given setting of the 
anti-sweat heater, i corresponds to each of the two states of the 
compartment temperature control positions.

    6. Section 6 of Appendix A1 is amended by adding the following new 
sections:

6. Calculation of Derived Results from Test Measurements

* * * * *
    6.3  Externally vented refrigerator or refrigerator-freezers. 
Per-cycle energy consumption measurements for the externally vented 
refrigerator or refrigerator-freezer shall be calculated in 
accordance with the requirements of this Appendix, as modified in 
sections 6.3.1--6.3.7.
    6.3.1  Correction factor. A correction factor, K, shall be 
calculated as:

K = ec<INF>90/ec<INF>80

Where ec<INF>90 and ec<INF>80 = the energy consumption test results 
as determined under section 5.4.2.1.

    6.3.2  Combining test results of different settings of 
compartment temperature controls. For a given setting of the anti-
sweat heater, follow the calculation procedures of section 6.2 to 
combine the test results for energy consumption of the unit at 
different temperature control settings for each condenser inlet air 
temperature tested under sections 5.4.2.2, 5.4.2.3, and 5.4.2.4, 
where applicable, (e<INF>90)<INF>i, (e<INF>60)<INF>i, 
(e<INF>50)<INF>i, and (e<INF>30)<INF>i. The combined values are 
<greek-e><INF>90, <greek-e><INF>60, <greek-e><INF>50, and 
<greek-e><INF>30, where applicable, in kWh/day.
    6.3.3  Energy consumption corrections. For a given setting of 
the anti-sweat heater, the energy consumptions <greek-e><INF>90, 
<greek-e><INF>60, <greek-e><INF>50, and <greek-e><INF>30 calculated 
in section 6.3.2 shall be adjusted by multiplying the correction 
factor K to obtain the corrected energy consumptions per day, in 
kWh/day:

E<INF>90 = K x <greek-e><INF>90,
E<INF>60 = K x <greek-e><INF>60,
E<INF>50 = K x <greek-e><INF>50, and
E<INF>30 = K x <greek-e><INF>30
Where,

K is determined under section 6.3.1, and <greek-e><INF>90, 
<greek-e><INF>60, <greek-e><INF>50, and <greek-e><INF>30 are 
determined under section 6.3.2.

    6.3.4  Energy profile equation. For a given setting of the anti-
sweat heater, the energy consumption E<INF>x, in kWh/day, at a 
specific exterior air temperature between 80  deg.F (26.7  deg.C) 
and 60  deg.F (26.7  deg.C) shall be calculated by the following 
equation:

E<INF>x = a + bT<INF>x,

Where,

T<INF>x = exterior air temperature in  deg.F;
a = 3E<INF>60-2E<INF>90, in kWh/day;
b = (E<INF>90-E<INF>60)/30, in kWh/day per  deg.F.

    6.3.5  Energy consumption at 80  deg.F (26.7  deg.C), 75  deg.F 
(23.9  deg.C) and 65  deg.F (18.3  deg.C). For a given setting of 
the anti-sweat heater, calculate the energy consumptions at 80 
deg.F (26.7  deg.C), 75  deg.F (23.9  deg.C) and 65  deg.F (18.3 
deg.C) exterior air temperatures, E<INF>80, E<INF>75 and E<INF>65, 
respectively, in kWh/day, using the equation in 6.3.4.
    6.3.6  National average per cycle energy consumption. For a 
given setting of the anti-sweat heater, calculate the national 
average energy consumption, E<INF>N, in kWh/day, using one of the 
following equations:

E<INF>N = 0.523  x  E<INF>60 + 0.165  x  E<INF>65 + 0.181 x E<INF>75 
+ 0.131 x E<INF>80, for unit which is not tested under section 
5.4.2.4,
E<INF>N = 0.257  x  E<INF>30 + 0.266  x  E<INF>50 + 0.165  x  
E<INF>65 + 0.181  x  E<INF>75 + 0.131  x  E<INF>80, for unit tested 
under section 5.4.2.4,

Where,

E<INF>30, E<INF>50, and E<INF>60 are defined in 6.3.3,
E<INF>65, E<INF>75, and E<INF>80 are defined in 6.3.5, and the 
coefficients are weather associated weighting factors.

    6.3.7  Regional average per cycle energy consumption. If 
regional average per cycle energy consumption is required to be 
calculated, for a given setting of the anti-sweat heater, calculate 
the regional average per cycle energy consumption, E<INF>R, in kWh/
day, for the regions in figure 1 using one of the following 
equations and the coefficients in the table A:

E<INF>R = a<INF>1 x E<INF>60 + c x E<INF>65 + d x E<INF>75 + e x 
E<INF>80, for a unit that is not required to be tested under section 
5.4.2.4,
E<INF>R = a x E<INF>30 + b x E<INF>50 + c x E<INF>65 + d x E<INF>75 
+ e x E<INF>80, for a unit tested under section 5.4.2.4,

Where,

E<INF>30, E<INF>50, and E<INF>60 are defined in 6.3.3,
E<INF>65, E<INF>75, and E<INF>80 are defined in 6.3.5, and a<INF>1, 
a, b, c, d, e are weather associated weighting factors for the 
Regions, as specified in Table A:

              Table A.--Coefficients for Calculating Regional Average per Cycle Energy Consumption              
                                               [Weighting Factors]                                              
----------------------------------------------------------------------------------------------------------------
              Regions                    a<INF>1           a            b            c            d            e     
----------------------------------------------------------------------------------------------------------------
I.................................        0.282        0.039        0.244        0.194        0.326        0.198
II................................        0.486        0.194        0.293        0.191        0.193        0.129
III...............................        0.584        0.302        0.282        0.178        0.159        0.079
IV................................        0.664        0.420        0.244        0.161        0.121        0.055
----------------------------------------------------------------------------------------------------------------

BILLING CODE 6450-01-P

[[Page 16746]]

[GRAPHIC] [TIFF OMITTED] TP08AP97.020



BILLING CODE 6450-01-C


Sec. 430.62  [Amended]

    7. Section 430.62(a)(2) is amended by inserting after ``(for 
refrigerators, refrigerator-freezers, and freezers),'' in the first 
sentence, the following: ``the national average annual energy use and 
adjusted volume (for externally vented refrigerators and refrigerator-
freezers),''.
[FR Doc. 97-8937 Filed 4-7-97; 8:45 am]
BILLING CODE 6450-01-P