35766 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Notices 

1The petition did not identify any of the 

information contained therein as confidential 

business information. 

the address listed above. You must 

provide your full, legal name, and any 

other identifying information requested 

by the Department while processing the 

request in order to distinguish between 

individuals with the same name. You 

must also specify the information to be 

contested. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.7. 

NOTIFICATION PROCEDURES: 

If you wish to determine whether a 

record exists regarding you in this 

system of records, contact the system 

manager at the address listed above. 

You must provide necessary particulars 

such as your full, legal name, date of 

birth, work address, country of 

citizenship, and any other identifying 

information requested by the 

Department while processing the 

request to distinguish between 

individuals with the same name. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

None. 

[FR Doc. 2021–14409 Filed 7–6–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2021–004; EERE–2021–BT– 

WAV–0009] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

GE Appliances, a Haier Company From 

the Department of Energy 

Miscellaneous Refrigeration Products 

Test Procedure and Notification of 

Denial of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of petition for 

waiver and denial of an interim waiver; 

request for comments. 

SUMMARY: This notification announces 

receipt of and publishes a petition for 

waiver and interim waiver from GE 

Appliances, a Haier Company, which 

seeks a waiver for a specified 

miscellaneous refrigeration product 

basic model from the U.S. Department 

of Energy (‘‘DOE’’) test procedure used 

for determining the energy consumption 

of these products. This notice also 

announces that DOE is declining to 

grant the request for an interim waiver 

from the test procedure for the reasons 

described in this notification. DOE 

solicits comments, data, and 

information concerning the petition and 

its suggested alternate test procedure so 

as to inform DOE’s final decision on the 

waiver request. 

DATES: Written comments and 

information are requested and will be 

accepted on or before August 6, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Alternatively, 

interested persons may submit 

comments, identified by docket number 

EERE–2021–BT–WAV–0009, by any of 

the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: To AS_Waiver_Requests@

ee.doe.gov. Include docket number 

EERE–2021–BT–WAV–0009 in the 

subject line of the message. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing COVID–19 pandemic. DOE 

is currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. If a commenter finds 

that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the COVID–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2021-BT-WAV-0009. The docket web 

page contains instruction on how to 

access all documents, including public 

comments, in the docket. See the 

SUPPLEMENTARY INFORMATION section for 

information on how to submit 

comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. Email: 

AS_Waiver_Request@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–33, Forrestal Building, 

1000 Independence Avenue SW, 

Washington, DC 20585–0103. 

Telephone: (202) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE is 

publishing GEA’s petition for waiver in 

its entirety, pursuant to 10 CFR 

430.27(b)(1)(iv).1 DOE invites all 

interested parties to submit in writing 

by August 6, 2021, comments and 

information on all aspects of the 

petition, including the alternate test 

procedure. Pursuant to 10 CFR 

430.27(d), 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: 

Bill A. Brown, GE Appliances, A 

Haier Company, Appliance Park—AP5– 

1S–86, Louisville, KY 40225. Email: 

b.brown@geappliances.com. 

Submitting comments via 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. If 

this instruction is followed, persons 


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2All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020). 

3For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

viewing comments will see only first 

and last names, organization names, 

correspondence containing comments, 

and any documents submitted with the 

comments. 

Do not submit to www.regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(‘‘CBI’’)). Comments submitted through 

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. Faxes 

will not be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email two wellmarked copies: One copy of the 

document marked confidential 

including all the information believed to 

be confidential, and one copy of the 

document marked ‘‘non-confidential’’ 

with the information believed to be 

confidential deleted. Submit these 

documents via email. DOE will make its 

own determination about the 

confidential status of the information 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

I. Background and Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),2 authorizes 

the U.S. Department of Energy (‘‘DOE’’) 

to regulate the energy efficiency of a 

number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part B 3 of EPCA, 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, which, in addition to 

identifying particular types of consumer 

products and commercial equipment as 

covered under the statute, permits the 

Secretary of Energy to classify 

additional types of consumer products 

as covered products. (42 U.S.C. 

6292(a)(20)) DOE added miscellaneous 

refrigeration products (‘‘MREFs’’) as 

covered products through a final 

determination of coverage published in 

the Federal Register on July 18, 2016 

(the ‘‘July 2016 Final Rule’’). 81 FR 

46768 (July 18, 2016). Id. 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA include definitions (42 U.S.C. 

6291), test procedures (42 U.S.C. 6293), 

labeling provisions (42 U.S.C. 6294), 

energy conservation standards (42 

U.S.C. 6295), and the authority to 

require information and reports from 

manufacturers (42 U.S.C. 6296). 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for: (1) Certifying to 

DOE that their products comply with 

the applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6295(s)), and (2) making 

representations about the efficiency of 

that product (42 U.S.C. 6293(c)). 

Similarly, DOE must use these test 

procedures to determine whether the 

covered product complies with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE is 

required to follow when prescribing or 

amending test procedures for covered 

products. EPCA requires that any test 

procedures prescribed or amended 

under this section must be reasonably 

designed to produce test results which 

reflect the energy efficiency, energy use 

or estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

requires that test procedures not be 

unduly burdensome to conduct. (42 

U.S.C. 6293(b)(3)) 

MREFs are consumer refrigeration 

products other than refrigerators, 

refrigerator-freezers, or freezers. These 

products include coolers and 

combination cooler refrigeration 

products. 10 CFR 430.2. A ‘‘cooler’’ is a 

cabinet, used with one or more doors, 

that has a source of refrigeration capable 

of operating on single-phase, alternating 

current and is capable of maintaining 

compartment temperatures either: (1) 

No lower than 39 °F (3.9 °C); or (2) in 

a range that extends no lower than 37 °F 

(2.8 °C) but at least as high as 60 °F 

(15.6 °C) as determined according to the 

applicable DOE test procedure. The test 

procedure for MREFs is contained in the 

Code of Federal Regulations (‘‘CFR’’) at 

10 CFR part 430, appendix A to subpart 

B of part 430—Uniform Test Method for 

Measuring the Energy Consumption of 

Refrigerators, Refrigerator-Freezers, and 

Miscellaneous Refrigeration Products 

(‘‘Appendix A’’). 

Under 10 CFR 430.27, any interested 

person may submit a petition for waiver 

from DOE’s test procedure 

requirements. DOE will grant a waiver 

from the test procedure requirements if 

DOE determines either that the basic 

model for which the waiver was 

requested contains a design 

characteristic that prevents testing of the 

basic model according to the prescribed 

test procedures, or that the prescribed 

test procedures evaluate the basic model 


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4A petition submitted under 10 CFR 430.27 is 

considered ‘‘received’’ on the date it is received by 

DOE through DOE’s established email box for 

receipt of waiver petitions or, if delivered by mail, 

on the date the waiver petition is stamped as 

received by the DOE. 10 CFR 430.27(e)(1)(iii). 

5A notation in this form provides a reference for 

information that is in the docket for this test 

procedure waiver (Docket No. EERE–2021–BT– 

WAV–0009) (available at www.regulations.gov/ 

docket/EERE-2021-BT-WAV-0009). This notation 

indicates that the statement preceding the reference 

is document number 1 in the docket and appears 

at page 1 of that document. 

6The petition did not identify any of the 

information contained therein as confidential 

business information. 

7This document can be found in the docket for 

this test procedure waiver under Document No. 

002. 

8This document can be found in the docket for 

this test procedure waiver under Document No. 

003. 

9The June 2, 2021 submission specified the 

energy use intended to be measured under the 

alternate test procedure suggested by GEA, thereby 

providing the information necessary for DOE to 

evaluate the representativeness of the suggested 

procedure. DOE considers June 2, 2021 to be the 

date on which GEA completed its submission to 

DOE, and DOE calculated the 45-day period as 

beginning on June 2, 2021. 

in a manner so unrepresentative of its 

true energy consumption characteristics 

as to provide materially inaccurate 

comparative data. 10 CFR 430.27(f)(2). A 

petitioner must include in its petition 

any alternate test procedures known to 

the petitioner to evaluate the 

performance of the product type in a 

manner representative of the energy 

consumption characteristics of the basic 

model. 10 CFR 430.27(b)(1)(iii). DOE 

may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

430.27(f)(2). 

As soon as practicable after the 

granting of any waiver, DOE will 

publish in the Federal Register a notice 

of proposed rulemaking to amend its 

regulations so as to eliminate any need 

for the continuation of such waiver. 10 

CFR 430.27(l) As soon thereafter as 

practicable, DOE will publish in the 

Federal Register a final rule to that 

effect. Id. 

The waiver process also provides that 

DOE may grant an interim waiver if it 

appears likely that the underlying 

petition for waiver will be granted 

and/or if DOE determines that it would 

be desirable for public policy reasons to 

grant immediate relief pending a 

determination on the underlying 

petition for waiver. 10 CFR 430.27(e)(2). 

Within one year of issuance of an 

interim waiver, DOE will either: (i) 

Publish in the Federal Register a 

determination on the petition for 

waiver; or (ii) publish in the Federal 

Register a new or amended test 

procedure that addresses the issues 

presented in the waiver. 10 CFR 

430.27(h)(2). 

If DOE ultimately denies the petition 

for waiver DOE will provide a period of 

180 days before the manufacturer is 

required to use the DOE test procedure 

to make representations of energy 

efficiency. 10 CFR 430.27(i). When DOE 

amends the test procedure to address 

the issues presented in a waiver, the 

waiver will automatically terminate on 

the date on which use of that test 

procedure is required to demonstrate 

compliance. 10 CFR 430.27(h)(3). 

II. GEA’s Petition for Waiver and 

Interim Waiver 

On April 9, 2021, DOE received 4 from 

GE Appliances, a Haier Company 

(‘‘GEA’’) a petition for waiver and 

interim waiver from the test procedure 

for MREFs set forth at appendix A to 

subpart B of 10 CFR part 430. (GEA, No. 

1 at p. 1) 5 Pursuant to 10 CFR 

430.27(e)(i), DOE posted the petition on 

the DOE website at: 

www.regulations.gov/document/EERE2021-BT-WAV-0009–0001.6

The specific basic model for which 

the petition applies is ‘‘S–IHG–R’’, 

which was provided by GEA in its April 

9, 2021 petition and is described by 

GEA as an ‘‘In-Home Grower’’—a 

product with lighting, temperature, 

humidity, and nutrient water control 

which allows the user to grow plants 

within their home year-round. GEA 

stated that the average compartment 

temperatures of the In-Home Grower 

exceed the 55 °F standardized 

temperature required for testing under 

the existing DOE test procedure (see 

section 3 of Appendix A) and, therefore, 

the product cannot be tested using the 

existing test procedure. GEA also noted 

characteristics of this basic model that 

GEA stated would prevent the use of 

certain test setup, stabilization, 

temperature control, and energy use 

determination requirements in 

Appendix A. (GEA, No. 1 at pp. 3–4) 

In its April 9, 2021 petition, GEA 

submitted to DOE an alternate test 

procedure to determine the energy 

consumption of its In-Home Grower. 

(GEA, No. 1 at p. 6) GEA stated that its 

alternate test procedure would allow for 

the measurement of the energy use of 

this product where the requirements of 

the current DOE test procedure cannot 

be met. DOE received a follow-up 

correspondence from GEA on April 26, 

2021, which provided a revised 

alternate test procedure.7 DOE reviewed 

the alternate test procedure included in 

the April 26, 2021 correspondence as 

the requested alternate test approach 

when making the initial determinations 

discussed in this document. GEA also 

provided additional correspondence on 

June 2, 2021, in which it clarified 

certain aspects of the proposed alternate 

test procedure included in the April 26, 

2021 submission.8

GEA also requests an interim waiver 

from the existing DOE test procedure. 

DOE must review the petition for 

interim waiver within 45 business days 

of receipt of the petition. 10 CFR 

430.27(e)(1)(ii). If DOE does not notify 

the applicant of the disposition of the 

petition for interim waiver, in writing, 

within 45 business days of receipt of the 

petition, the interim waiver is granted 

utilizing the alternate test procedure 

requested in the petition.9 Id. DOE will 

grant an interim waiver if it appears 

likely that the petition for waiver will be 

granted, and/or if DOE determines that 

it would be desirable for public policy 

reasons to grant immediate relief 

pending a determination of the petition 

for waiver. 10 CFR 430.27(e)(2). 

Based on GEA’s description of the InHome Grower, DOE has determined that 

the basic model meets the definition of 

a cooler in 10 CFR 430.2 for the 

following reasons: 

1. The product consists of a cabinet 

used with one or more glass doors, as 

specified by GEA; 

2. The product maintains 

compartment temperatures no lower 

than 39 °F, as determined when tested 

in a 90 °F ambient temperature, as GEA 

specified that the compartment 

temperatures measured 79.90 °F and 

79.97 °F under these conditions at the 

minimum temperature setting. 

The definition for cooler at 10 CFR 

430.2 does not reference a specific 

design intent (such as storage of food or 

beverages) and does not require that the 

product be capable of maintaining a 

compartment temperature of 55 °F when 

tested in a 90 °F ambient temperature. 

DOE understands, based upon GEA’s 

petition, that absent an interim waiver, 

GEA’s In-Home Grower cannot be tested 

and rated for energy consumption 

according to the MREF test procedure 

on a basis representative of its true 

energy consumption characteristics. 

However, as discussed in section III, 

DOE has tentatively determined that 

GEA’s proposed alternative test 

procedure (as revised on April 26, 2021) 

would not result in a measurement of 

the energy use of this basic model that 

is representative of an average use cycle 

or period of use. Therefore, DOE has 

determined that GEA’s waiver petition 

is unlikely to be granted as submitted 

and that it is not desirable for public 

policy reasons to grant GEA with the 

immediate relief it seeks. As a result, 


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DOE is declining to grant an GEA an 

interim waiver for the subject basic 

model and is seeking additional 

information on the underlying basis for 

GEA’s suggested alternative test 

procedure for the purpose of making a 

final determination on the underlying 

petition for waiver. 

The following two sections discuss 

specific aspects of GEA’s petition for 

waiver and interim waiver. 

A. Requirements Sought To Be Waived 

GEA requested to waive the current 

test procedure, calculations, and 

accompanying conditions for testing 

coolers as specified in section 6.2.2 of 

Appendix A. The primary assertion of 

the petition is that the basic model for 

which the waiver was requested 

contains a design characteristic that 

prevents testing of the basic model 

according to the prescribed DOE MREF 

test procedure. GEA states that the InHome Grower, when tested at its coldest 

setting in a 90 °F ambient temperature, 

cannot achieve the 55 °F standardized 

temperature required for the DOE MREF 

test procedure (see section 3 of 

Appendix A). GEA stated that its testing 

in a 90 °F ambient condition resulted in 

compartment temperatures of 79.90 °F 

and 79.97 °F. 

The DOE test procedure at Appendix 

A simulates typical room conditions 

(72 °F) with door openings, by testing at 

90 °F without door openings. 10 CFR 

430.23(ff)(7). The test procedure directly 

measures the energy consumed during 

steady-state operation and defrosts, if 

applicable. Additionally, the DOE test 

procedure incorporates usage 

adjustment factors to account for 

differences in these user-related thermal 

loads for different types of consumer 

refrigeration products (i.e., MREFs are 

typically used less frequently than a 

primary refrigerator-freezer in a 

household and thus have an adjustment 

factor of 0.55). See Appendix A, section 

5.2.1.1. 

GEA states that there is no need to 

elevate the ambient temperature for the 

test to account for door openings and 

loads because the In-Home Grower has 

a very low number of door openings 

and, after the initial loading with plants, 

will typically not have additional loads 

introduced. 

As stated, the existing test procedure 

for MREFs contains a method for 

addressing certain types of products for 

which less frequent door openings 

occur. Specifically, the test procedure 

applies an adjustment factor to account 

for the relatively fewer expected door 

openings. See Appendix A, section 

5.2.1.1. The adjustment factor does not 

address the potential inability of an 

MREF to maintain a 55 °F compartment 

temperature at a 90 °F ambient 

condition. 

GEA seeks to waive the requirement 

for testing the In-Home Grower at a 

90 °F ambient condition. See Appendix 

A section 2.1.1. GEA instead requests to 

test the In-Home Grower in a 72 °F 

ambient condition, which it asserts 

better represents typical use of the 

product. GEA further stated that testing 

at a 72 °F ambient with the product 

temperature set to 60 °F (the minimum 

temperature set point) yielded 

compartment temperatures between 

59.15 and 61.41 °F. As the In-home 

Grower is not capable of maintaining 

the 55 °F standardized compartment 

temperature specified in Appendix A, 

GEA also seeks to waive the 

requirement in section 6.2.2 of 

Appendix A that performance be 

calculated at a standardized 

compartment temperature of 55 °F. 

Instead, GEA requests that the model be 

tested in the 72 °F ambient condition 

using default settings. 

Additionally, GEA seeks to waive the 

existing DOE test procedure 

requirement to measure the internal 

compartment temperatures of the unit 

under test. See Appendix A, section 5.1. 

GEA claims that the rotation of the 

compartments significantly increases 

the test burden of temperature 

measurements, as the thermocouple 

wires would require a customized 

testing setup to avoid tangling of the 

wires and movement of the temperature 

masses. Under GEA’s requested 

approach, compartment temperature 

measurements would not be necessary 

because no interpolation would be made 

to reflect performance at the 

standardized 55 °F compartment 

temperature because the In-Home 

Grower cannot achieve a 55 °F 

compartment temperature at its lowest 

temperature setting. 

GEA also seeks to waive the 

stabilization and test period 

requirements specified in sections 2.9 

and 4 of Appendix A, respectively. 

Specifically, GEA requests an 8-hour 

stabilization period (the duration of 

each rotation) and 24-hour test period 

(the duration of one full rotation) based 

on the rotation of the internal 

compartments rather than based on 

compressor cycling as specified in 

Appendix A. 

B. Requested Alternate Test Procedure 

GEA seeks to use an alternate test 

procedure to test and rate a specific 

MREF basic model. GEA’s requested 

alternate test procedure addresses the 

test procedure requirements to be 

waived as discussed in the previous 

section of this document. GEA’s 

requested approach also includes 

additional test instructions regarding 

isolating refrigeration system energy use 

and additional setup and settings 

instructions. 

GEA requests that two tests be 

conducted, one with the model 

operating as normal and another with 

the refrigeration system disabled to 

allow for identifying the cooling 

system’s energy contribution. In its 

April 26, 2021 submission, GEA stated 

that the main purpose of the cooling 

system is to counteract the heat from the 

lighting and that the proposed revised 

test procedure would be used to 

determine the energy consumption of 

the cooling system only. In the June 2, 

2021 correspondence, GEA further 

asserted that the existing MREF test 

procedure does not anticipate or 

account for any product that has a 

purpose other than chilling the contents 

below ambient temperature, so there 

was no need for the existing test 

procedure to account for products that 

have significant other functions and that 

consume energy to provide those 

functions. GEA claimed that the InHome Grower is distinctly different 

from all other MREFs in that its 

intended purpose (growing plants), its 

primary function (providing light and 

appropriate water and humidity), and 

the purpose for its sealed system 

(removing heat generated by those 

process, generally to ambient 

temperature) are all distinct from all 

other MREFs (chilling items placed in 

the cabinet to below ambient 

temperature). GEA stated that the 

revised proposed alternate test 

procedure accounts for these differences 

while honoring the intent of the existing 

test procedure (as it applies to all other 

MREFs) to measure the energy used by 

the refrigeration system. 

GEA further claimed that the 

exclusion of energy other than that used 

by the refrigeration system is consistent 

with section 2.2 of the Appendix A 

(which incorporates by reference 

portions of AHAM HRF–1–2008). GEA 

stated that under this provision, product 

features not required for normal 

operation of the refrigeration system are 

to be set to their lowest energy setting 

during testing, and that this is what 

allows, for instance, refrigerators with 

large-format touchscreen computers 

integrated into the product to be tested 

with those computers (and their large 

screens) turned off. GEA asserted that 

similar logic applies to testing only the 

refrigeration portion of the In-Home 

Grower. 

Because the In-Home Grower supplies 

water and nutrients to plants during 


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10The summary of the proposed alternate test 

procedure printed in this section is consistent with 

that included in GEA’s April 26, 2021 message to 

DOE. The original proposed alternate test procedure 

is appended to this notice, along with GEA’s 

original April 9, 2021 petition. 

normal operation, GEA’s suggested 

alternate test procedure also provides 

instructions for filling nutrient tanks 

with water prior to the start of the test. 

As requested, water at the proposed 

ambient temperature would be supplied 

to the nutrient tanks. 

The proposed alternate test approach 

also provides instructions for product 

settings, as the suggested test procedure 

would not be based on the product 

maintaining compartment temperature 

to the 55 °F standardized compartment 

temperature specified in Appendix A. 

Specifically, GEA requests that the InHome Grower be controlled via use of 

an application on a connected device 

and that the product be operated using 

default settings. 

In summary, GEA’s suggested 

alternate test procedure provides a 

method for measuring the test cycle 

energy of the vapor compression system 

only, as follows; 10

(1) two tests, one with the basic model 

operating as normal and one with the 

basic model operating with the 

refrigeration system disabled, and a 

calculation of daily energy consumption 

of the vapor compression refrigeration 

system based on the difference between 

these two tests; 

(2) directions for filling the nutrient 

water tanks with water at ambient 

temperature; 

(3) a specific stabilization period of 8 

hours (in place of the requirements of 

section 2.9 of Appendix A); 

(4) a specific test period of 24 hours 

(in place of the test period described in 

section 4.1 of Appendix A); 

(5) an alternative ambient test 

condition of 72 °F (in place of the 

requirement in section 2.1.1 of 

Appendix A); 

(6) that no compartment temperature 

measurements be taken during the test 

(in place of the requirements in section 

5.1 of Appendix A); and 

(7) that the product be controlled 

using an application from a connected 

device and operated using default 

settings. (GEA, No. 2 at p. 6) 

III. Denial of Interim Waiver and 

Request for Comments 

DOE has reviewed GEA’s petition for 

an interim waiver and the alternate test 

procedure requested by GEA. Based on 

this review, DOE is denying GEA’s April 

26, 2021 petition for an interim waiver, 

which incorporates elements from 

GEA’s April 9, 2021 submission. In its 

April 9, 2021 submission, GEA stated 

that its petition for waiver is likely to be 

granted, as the suggested alternate test 

procedure accurately measures the 

energy consumed by the subject basic 

model based on its design and intended 

use, which GEA stated is consistent 

with the goals of the DOE appliance 

standards program and the test 

procedure requirements this application 

seeks to waive. 

DOE has tentatively determined that 

the requested alternate test procedure 

would not result in measured energy 

use of the basic model that is 

representative of actual energy used 

during representative average use. 

Specifically, DOE has determined that 

the requested test approach to isolate 

the refrigeration system energy 

consumption does not provide a 

representative measurement of energy 

use for this basic model during an 

average use cycle or period of use. 

Therefore, DOE is denying GEA’s 

petition for an interim waiver. 

As discussed, GEA stated that the InHome Grower’s primary function is to 

provide light and appropriate water and 

humidity for plant growing, and that the 

purpose of its sealed system is to 

remove heat generated by those process. 

(GEA, No. 3 at p. 1) However, the 

requested alternate test procedure 

would determine the energy 

consumption of only the cooling 

function of the product without 

accounting for the energy consumption 

of the primary function of the product. 

During average use, the energy 

consumed by the subject basic model 

would include the refrigeration system 

energy use plus the energy consumed by 

any other components active during 

normal operation (e.g., lighting, fans, 

controls, etc.). 

In contrast to GEA’s assertion, DOE’s 

test procedure is not intended to 

measure only the cooling function of 

consumer refrigeration products. The 

test procedure measures the electrical 

energy consumption of the overall 

product, including any components not 

included in the refrigeration system. For 

example, DOE stated in an April 21, 

2014 final rule that the DOE test 

procedures for refrigeration products 

measure the energy use of these 

products during extended time periods 

that include periods when the 

compressor and other key components 

are cycled off and that the energy use of 

these products during the compressor 

off cycle is included in the 

measurements. 79 FR 22320, 22345 

(April 21, 2014). 

As stated by GEA, Appendix A, by 

referencing AHAM HRF–1–2008 section 

5.5.2(g), provides instructions for test 

settings. GEA stated that its proposed 

test approach to exclude energy other 

than that used by the refrigeration 

system is consistent with the AHAM 

HRF–1–2008 requirements. However, 

section 5.5.2(g) of AHAM HRF–1–2008 

specifies that customer accessible 

features not required for normal 

operation, which are electricallypowered, manually-initiated, and 

manually-terminated, shall be set at 

their lowest energy usage positions 

when adjustment is provided. This 

provision does not isolate refrigeration 

system energy use, but rather limits (or 

excludes) energy consumption of 

customer accessible features not 

required for normal operation of the 

refrigeration product. What is 

considered ‘‘normal operation’’ is not 

defined in HRF–1–2008 or in Appendix 

A. In the case of the GEA In-Home 

Grower, GEA stated that the model’s 

intended purpose is growing plants, its 

primary function is providing light and 

appropriate water and humidity, and 

the purpose for its sealed system is to 

remove heat generated by those process, 

generally to ambient temperature. (GEA, 

No. 3 at p. 1) Therefore, DOE has 

tentatively determined that ‘‘normal 

operation’’ for this basic model includes 

functions beyond operation of the 

refrigeration system, and that testing 

should account for the energy consumed 

by such functions. 

Because GEA’s proposed alternate test 

procedure would not account for 

lighting energy use (a primary function 

of the basic model), or the energy use of 

other components required for normal 

operation (e.g., the motor rotating the 

internal tower and product controls), 

DOE has tentatively determined that the 

requested alternate test procedure 

would not provide a representative 

measure of energy use of the In-Home 

Grower during an average use cycle or 

period of use. Therefore, DOE is 

denying GEA’s petition for an interim 

waiver. 

While DOE declines to approve the 

use of GEA’s suggested alternate test 

procedure in an interim waiver at this 

time, DOE may consider including this 

alternate procedure, or a modified 

version of this alternate procedure, in a 

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. 

Signing Authority 

This document of the Department of 

Energy was signed on June 29, 2021, by 

Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 


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11Product images provided with petition may be 

found at Docket No. EERE–2021–BT–WAV–0009 at 

www.regulations.gov/docket/EERE-2021-BT-WAV0009. 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on June 30, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Appendix 1—Petition for Waiver & 

Application for Interim Waiver 

Regarding Test Procedure for 

Measuring the Energy Consumption of 

Refrigerators, Refrigerator-Freezers, 

and Miscellaneous Refrigeration 

Products 

GE Appliances, a Haier company (GEA) 

respectfully submits this Petition for Waiver 

and Application for Interim Waiver from the 

Department of Energy (DOE) test procedure 

for Miscellaneous Refrigeration Products in 

10 CFR 430 Subpart B, Appendix A. GEA’s 

request is for a new product that allows users 

to grow plants within their home the entire 

year. The product is designed to be used in 

am [sic] indoor, temperature-controlled 

environment with room temperatures from 

60 °F to 80 °F. The appliance provides the 

lighting, temperature and humidity control, 

and nutrient water to grow an array of plants. 

The average compartment temperatures of 

the appliance exceed the 55 °F standardized 

temperature for the existing DOE 

miscellaneous refrigeration products test 

procedures. The product, therefore, cannot be 

tested using the existing test procedure. 

1. About GE Appliances 

GEA is a leading US manufacturer of home 

appliances. GEA offers a full suite of major 

appliances across seven brands as well as 

portable appliances. GEA has been a 

participant in and contributor to the DOE’s 

home appliance energy conservation program 

since its founding more than 40 years ago. 

Indeed, GEA supports the goal of the 

appliance efficiency program: Maximizing 

energy savings improvements that offer 

consumers real economic benefits and that 

do not diminish product performance. GEA 

devotes substantial resources to the 

development of new technologies to increase 

energy efficiency where they are feasible and 

engineering products to meet the demanding 

DOE energy efficiency requirements. GEA 

manufactures a substantial portion of its 

refrigerator products at its manufacturing 

facilities in Louisville, KY, Decatur, AL, and 

Selmer, TN. The products covered by this 

waiver request will be manufactured in the 

United States. 

2. Basic Models for Which a Waiver Is 

Requested 

This Petition for Waiver and Application 

for Interim Waiver covers the ‘‘In-Home 

Grower’’. There is no existing Product Class 

for this type of appliance. The Basic Model 

is S–IHG–R. The basic model will be 

distributed in commerce under the brand 

name ‘‘Profile’’. 

The In-Home Grower allows the user to 

grow plants within their home year-round. 

The appliance provides the lighting, 

temperature and humidity control and 

nutrient water needed to grow an array of 

plants. The product is designed to be in a 

controlled environment with room 

temperature from 60 to 80 °F. 

The appliance has a circular grow tower 

that is in the center of the product. The tower 

is divided into three equal-sized vertical 

sections, each comprising 1⁄3rd of a circular 

cross section (see Figure 1 below).11

On each of the three sides of the tower are 

gardens. In addition to the three sections of 

the tower, there are three chambers within 

the product cabinet. The dividers of the three 

chambers meet up with the walls of the three 

cabinet sections to create three distinct and 

individually controlled compartments within 

the product. There are seals on the center 

tower walls to ensure that the environment 

in each chamber remains separate. This 

tower rotates every eight hours. Each time the 

tower rotates, a section of the tower enters a 

new chamber. 

The front chamber is called the display 

chamber. This is the side of the garden the 

customer will see through the front glass 

doors. In the display chamber, there is no 

grow lighting, temperature controls, or 

humidity controls. 

The back right and back left chambers are 

individually controlled for grow lighting, 

temperature, and humidity. 

3. Design Characteristic Constituting 

Grounds for the Petition 

a. The appliance, at its coldest setting in 

a 90 °F ambient, cannot achieve the 55 °F 

reference temperature necessary for the DOE 

MREF test procedure. The procedure 

therefore cannot be used for this appliance. 

b. There is no need to test at an elevated 

ambient to account for door openings and 

loading as is the case with the current DOE 

miscellaneous refrigeration products test 

procedures. This is true for the following 

reasons. 

i. The basic model listed operates at an 

ambient between 60 °F and 80 °F. 

ii. Once loaded with plants, there are a 

minimal amount of door openings as the 

product is intended to grow the plants until 

they are grown and ready for use. 

iii. Since the internal temperatures are 

closer to the ambient temperature, any door 

openings that did occur would only result in 

minimal heat addition to the interior. 

iv. The chambers that have the temperature 

and humidity control are not accessible by 

the door and are sealed to prevent any air 

exchange with the front display chamber. 

v. The appliance has rotating 

compartments which make taking internal 

temperature measurements burdensome if 

not impossible. Thermocouple wires for 

refrigeration tests run from inside the unit 

under test to a panel box affixed to a wall. 

The internal compartments of the In-Home 

Grower rotate during operation. Unique 

fixtures and test setup would be required in 

order to avoid tangling of the wires, 

movement of the thermocouple, or pulling 

the wires out of the panel box. 

c. At the product’s coldest setting in a 90 °F 

ambient, the internal compartment 

temperature does not reach the reference 

temperature of 55 °F for a miscellaneous 

refrigeration product. Per Table 1 in 10 CFR 

430 Subpart B, Appendix A, 3.2.1.3, ‘‘No 

Energy Use Rating can be established under 

the existing test procedure’’. Therefore, 

interpolation to 55 °F is not possible, and the 

existing DOE interpolation method cannot be 

used to establish a test result. 

4. Requirements Sought To Be Waived 

GEA seeks to replace the current test 

procedure in Appendix A for Coolers, 6.2.2, 

with the accompanying test conditions 

specified in Exhibit A, below, for the InHome Grower appliance. 

Instead of a 90 °F ambient, GEA has 

specified a 70 °F ambient for the testing. This 

is representative of customer usage as the 

product is designed to be placed in an 

indoor, conditioned space with an ambient 

between 60 and 80 °F. Also, as stated above, 

there is no need to elevate the ambient for 

the test to account for door openings and 

loads as the appliance has a very low number 

of door openings and, after the initial loading 

with plants, will typically not have 

additional loads introduced. 

The proposed test procedure does not have 

temperature measurements. Based on 

internal testing in a 90 F environment, the 

internal temperatures of the two controlled 

compartment [sic], at its coldest setting were 

79.90 °F and 79.97 °F, well above the 55 °F 

reference temperature of the DOE MREF test 

procedure. Also, the rotation of the 

compartments significantly increases the test 

burden of temperature measurements as the 

thermocouple wires would have to have a 

setup to avoid tangling of the wires and 

movement of the temperature masses. 

This appliance has no defrosting 

capabilities and can be tested similarly to a 

non-automatic defrost. In order to capture a 

complete cycling of the growing chambers, 

GEA is proposing a test that has an 8-hour 

stabilization period followed by a 24-hour 

test period. The growing chambers rotate 

120° every 8 hours. This comprises one 

rotation for stability and three rotations for 

the test period. 

5. Manufacturers of All Other Basic Models 

With Similar Design Characteristics 

To GEA’s knowledge, there are no products 

of this type in the marketplace. 


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6. The Application for Interim Waiver 

Should Be Granted 

a. The Petition for Waiver Will Likely be 

Successful 

This Petition for Waiver is likely to be 

granted as the proposed alternative test 

procedure accurately measures the energy 

consumed by this novel product based on its 

design and intended use, all of which is 

consistent with the goals of the DOE 

appliance standards program and the test 

procedure requirements this application 

seeks to waive. 

b. Failure To Provide an Interim Waiver Will 

Cause Economic Hardship and Competitive 

Disadvantage 

If DOE does not promptly grant an interim 

waiver, GEA will likely be unable to test and 

certify this model within a commercially 

reasonable time. Such delay will prevent 

GEA from offering the product in a manner 

most likely to lead to its commercial success 

and will prevent or delay GEA from 

expanding its US manufacturing workforce. 

7. Notice to Other Manufacturers 

Pursuant to 10 CFR 430.27(c), upon 

publication of a grant of interim waiver, GEA 

will notify in writing all known 

manufacturers of domestically marketed 

basic models of the same product class (as 

specified in 10 CFR 430.32) and of other 

product classes known to the petitioner to 

use the technology or have the characteristic 

at issue in the waiver. The notice will 

include a statement that DOE has published 

the interim waiver and petition for waiver in 

the Federal Register and the date the petition 

for waiver was published. The notice will 

also include a statement that DOE will 

receive and consider timely written 

comments on the petition for waiver. Within 

five working days of publication of the grant 

of interim waiver, GEA will file with DOE a 

statement certifying the names and addresses 

of each person to whom a notice of the 

petition for waiver was sent. 

8. Conclusion 

GEA respectfully requests that DOE grant 

this Petition for Waiver and Application for 

Interim Waiver from the current test 

procedure for the specified basic models. 

Very truly yours, 

Signed by: /s/Bill A. Brown, P.E. 

[Date: April 8, 2021] 

Attachments: 

Exhibit A—Alternate Test Procedure 

Exhibit A: Alternate Test Procedure for InHome Grower Miscellaneous Refrigeration 

Product 

Energy Consumption is Determined by the 

Formula: E = EP * 1440/T where: 

• E is the test cycle energy (kWh/day) 

• 1440 = number of minutes in a day 

• EP is the energy expended during three full 

rotations of the growing chambers (kWh) 

• T is the length of time for EP (minutes) 

Water in Tanks: Fill nutrient tanks with 

water (70.0 ± 5.0 °F) prior to start of the 

stabilization period. 

Stabilization: The test shall start after a 

minimum 8 hours stabilization run for each 

temperature control setting. This constitutes 

one rotation of the growing chambers. 

Ambient Temperature: Measure and record 

the ambient temperature at points located 3 

feet (91.5 cm) above the floor and 10 inches 

(25.4 cm) from the center of the two sides of 

the unit under test. The ambient temperature 

shall be 70.0 ± 1 °F (21.1 ± 0.6 °C) during the 

stabilization period and the test period. 

Temperature Measurements: No 

compartment temperature measurements are 

taken during the test. 

Test Procedure: Run the test using the 

SmartHQ App 

1. Download the SmartHQ app on a 

connected device 

2. Select ‘‘Connect Appliance’’ and then ‘‘In 

Home Grower’’ 

3. Follow the procedures per the SmartHQ 

app to set up the appliance. 

4. Fill the nutrient tanks with 70.0 ± 5.0 °F 

water. 

5. Select ‘‘Let’s Start Planting’’ from the main 

screen. 

6. Select Garden 1 from the ‘‘Select Garden’’ 

screen 

a. Select the ‘‘Default’’ growing region. 

b. Select ‘‘Next’’ at the bottom of the screen 

7. At the screen titled ‘‘What do you want to 

plant in Garden x?’’, select ‘‘Choose 

Later’’ 

8. Repeat this process for Garden 2 and 

Garden 3. 

9. Select ‘‘Start the Growing Cycle’’ 

10. The first rotation (8 hours) is the 

stabilization period. 

11. The next three rotations (24 hours) is the 

period where EP and T data are taken. 

Appendix 2—April 26, 2021: Response 

to DOE Questions for GEA Petition for 

Waiver 

GE Appliances, a Haier company (GEA) 

respectfully submits the below answers to the 

DOE’s questions contined [sic] in your email 

of April 16, 2021. Additionally, GEA has 

modified the proposed test procedure to 

address the comments and questions raised 

by DOE and to account for only the sealed 

system energy use, which is consistent with 

the provisions of 10 CFR 430.23 (ff) and 10 

CFR 430 Subpart B, Appendix A. The revised 

procedure is found in Exhibit A of this 

document, which is submitted as a 

substitution for Exhibit A in the initial 

submission. 

1. Model Description 

a. What is the cooling system employed 

(i.e., vapor compression, thermoelectric, 

evaporative, or something else)? 

GEA Response: Vapor compression. 

b. Is there a way the rotation function can 

be disabled via user-accessible settings/ 

controls? 

GEA Response: No. 

c. Does the unit connect using peer-to-peer 

wireless technology (e.g., WiFi Direct or 

Bluetooth) or does it require a LAN? 

GEA Response: WiFi. The product 

connects to a router in the user’s home. 

2. Test Method 

a. Is the 70 °F ambient condition most 

representative of actual use? DOE’s cooler 

test procedure is intended to simulate typical 

room conditions (72 °F (22.2 °C)) with door 

openings, by testing at 90 °F (32.2 °C) without 

door openings. 430.23(ff)(7). Recommend a 

72 °F test condition for consistency with the 

intent of DOE’s test procedure. 

GEA Response: Testing at a 72 °F ambient 

is acceptable. A revised test procedure 

making this change is included in Exhibit A. 

b. Can the model maintain 55 °F 

compartment temperature when operated in 

a 72 °F ambient condition? 

GEA Response: No. There are temperature 

sensors in the two compartments that 

maintain the user-selected set points. The 

product allows the user to select between 

60 °F and 80 °F for the compartment 

temperatures. Temperatures below 60 °F are 

not conducive for growing plants. GEA’s 

testing at a 72 °F ambient with the product 

temperature set to 60 °F yielded compartment 

temperatures between 59.15 and 61.41 °F. 

c. If the rotation is disabled, can 

thermocouples be placed inside the 

refrigerated space while it operates, and 

would the refrigerated compartments achieve 

temperatures lower than during operation 

with the rotation active? 

GEA Response: Disabling rotation is not an 

intended operation of the unit and is not an 

available option to the user. Disabling 

rotation of the unit is not capable of being 

implemented by a test lab without physical 

modification of the unit. Temperatures in the 

compartments will stabilize at the userselected set point regardless whether the 

chambers are rotating, but the unit will use 

less energy than it would if the units are 

rotating as the front chamber is not 

conditioned. 

Can thermocouples be placed in the 

corners of the refrigerated compartments and 

avoid any rotating components? 

GEA Response: Thermocouples cannot be 

placed in the corners of the temperaturecontrolled compartments and avoid rotating 

components. The back corners are not in the 

controlled space. They are used for wire and 

tubing routing and circuit board placements. 

See the top view picture below. The grow 

tower comes very close to the circular liners, 

similar to the operation of a revolving door. 

There is not enough of a gap to allow TCs 

to be placed and not cause an interference. 

[Product Image Included] 

d. Is the SmartHQ app the only method of 

controlling the unit? Are there any digital 

controls on the unit itself? 

GEA Response: There are limited controls 

on the unit (see attached picture). The InHome Grower will not function without 

being connected to Wifi. 

[Control Panel Image Included] 

• The ‘‘Rotate’’ buttons on the User 

Interface (UI) allow the user to rotate the 

tower 120 degrees either clockwise or 

counterclockwise. 

• ‘‘Control Lock’’ prevents the buttons on 

the UI from being used. 

• ‘‘WiFi Connect’’ is used for connecting 

the unit to the user’s wireless network. 

Are control settings available (either on the 

unit or through the SmartHQ app) to adjust 

operating temperature, lighting, and 

humidity? 

GEA Response: There are two modes the 

user can operate the unit: 


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Mode 1: The user can select a growing 

region (based on the types of seeds they want 

to plant). In this mode, lighting, temperature, 

and humidity settings are controlled by the 

product. The user cannot modify any 

settings. They can only change the growing 

region. 

Mode 2: The user can select ‘‘Advanced 

Mode’’. In this mode, the user has full control 

over the all settings within limited ranges set 

by the product (e.g., temperature can only be 

selected within the 60 °F to 80 °F range). The 

user can choose to turn lighting completely 

off. In both modes, the settings can be 

specified for each of the three gardens (each 

garden can have its own settings). 

e. Does the lighting contribute to a 

significant thermal load for the cooling 

system to counteract? 

GEA Response: Yes. The main purpose of 

the cooling system is to counteract the heat 

from the lighting. 

Do any additional control settings needed 

to be specified for testing (e.g., lighting, 

humidity controls)? 

GEA Response. The proposed, revised test 

procedure is used to determine the energy 

consumption of the cooling portion of the 

product. There are two portions to the test: 

One with lighting and cooling active, and the 

second with the lighting active and cooling 

disabled. This allows for a direct 

measurement of the cooling system’s energy 

contribution. 

f. Is the intent for the test be conducted 

using a single test at the lowest control 

temperature setting? Exhibit A refers to ‘‘each 

temperature control setting’’ in the 

stabilization section. 

GEA Response: The proposed test 

procedure has been modified to state that the 

test is only at one control setting, the default 

setting of the product. The original language 

was extraneous as the test is run using only 

one control setting. 

If conducting multiple temperature setting 

tests, how would the interpolation to 55F 

occur with no compartment temperature 

measurements? 

GEA Response. The energy result from the 

test will be derived from two tests at the 

default setting, as described previously. 

Interpolation to 55 °F is not possible with this 

product as it does not achieve temperatures 

below 55 °F at its coldest setting. 

Very truly yours, 

Signed by: /s/Bill A. Brown, P.E. 

[Date: April 26, 2021] 

Technical Director 

GE Appliances, a Haier company 

Attachments: Exhibit A—Revised Alternate 

Test Procedure 

Exhibit A (Revised 4/26/2021) 

Alternate Test Procedure for In-Home 

Grower Miscellaneous Refrigeration Product 

Energy Consumption is Determined by the 

Formula: E = E1—E2. 

• E is the test cycle energy of the vapor 

compression system (kWh/day) 

• E1 is the test cycle energy of the appliance 

with the lights and vapor compression 

system active (kWh/day) 

Æ E1 = (1440 * EP1)/T1 

Æ 1440 = number of minutes in a day 

Æ EP1 is the energy expended during three 

full rotations of the growing chambers 

(kWh) with the lights and vapor 

compression system active. 

Æ T1 is the length of time for the EP1 

measurement (minutes) 

• E2 is the test cycle energy of the 

appliance with the lights active and 

vapor compression system inactive 

(kWh/day) 

Æ E2 = (1440 * EP2)/T2 

Æ 1440 = number of minutes in a day 

Æ EP2 is the energy expended during three 

full rotations of the growing chambers 

(kWh) with the lights active and the 

vapor compression system inactive. 

Æ T2 is the length of time for the EP2 

measurement (minutes) 

Water in Tanks: Fill nutrient tanks with 

water (72.0 ± 5.0 °F) prior to start of the 

stabilization period. 

Stabilization: The test shall start after a 

minimum 8 hours stabilization run for the 

default setting of the appliance. This 

constitutes one rotation of the growing 

chambers. 

Ambient Temperature: Measure and record 

the ambient temperature at points located 3 

feet (91.5 cm) above the floor and 10 inches 

(25.4 cm) from the center of the two sides of 

the unit under test. The ambient temperature 

shall be 72.0 ± 1 °F (22.2 ± 0.6 °C) during the 

stabilization period and the test period. 

Temperature Measurements: No 

compartment temperature measurements are 

taken during the test. 

Test Procedure: Run the test using the 

SmartHQ App 

1. Download the SmartHQ app on a 

connected device 

2. Select ‘‘Connect Appliance’’ and then ‘‘In 

Home Grower’’ 

3. Follow the procedures per the SmartHQ 

app to set up the appliance. 

4. Fill the nutrient tanks with 72.0 ± 5.0 °F 

(22.2. ± 2.8 °C) water. 

5. Select ‘‘Let’s Start Planting’’ from the main 

screen. 

6. Select Garden 1 from the ‘‘Select Garden’’ 

screen 

a. Select the ‘‘Default’’ growing region. 

b. Select ‘‘Next’’ at the bottom of the screen 

7. At the screen titled ‘‘What do you want to 

plant in Garden x?’’, select ‘‘Choose 

Later’’ 

8. Repeat this process for Garden 2 and 

Garden 3. 

9. Select ‘‘Start the Growing Cycle’’ 

10. The first rotation (8 hours) is the 

stabilization period. 

11. The next three rotations (24 hours) is the 

period where EP1 and T1 data are taken. 

12. Disconnect the compressor harness. 

Instructions to be provided when 

product is tested by a third-party. 

13. The first rotation (8 hours) is the 

stabilization period 

14. The next three rotations (24 hours) is the 

period where EP2 and T2 data are taken. 

[FR Doc. 2021–14349 Filed 7–6–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

Energy Conservation Standards for 

Manufactured Housing 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Notice of intent to prepare an 

environmental impact statement, to 

request public comments on its scope, 

and to conduct public scoping meetings. 

SUMMARY: The U.S. Department of 

Energy (DOE) is required, as set forth in 

the Energy Independence and Security 

Act of 2007 (EISA), to establish energy 

conservation standards for 

manufactured housing. EISA further 

directs DOE to base its energy 

conservation standards on the most 

recent version of the International 

Energy Conservation Code (IECC), and 

any supplements to that document, 

except where DOE finds that the IECC 

is not cost effective or where a more 

stringent standard would be more cost 

effective. DOE’s Office of Energy 

Efficiency and Renewable Energy 

(EERE) is currently planning to finalize 

a Supplemental Notice of Proposed 

Rulemaking (SNOPR) (on or before 

August 16, 2021) for publication in the 

Federal Register that will propose 

energy conservation standards for 

manufactured housing based on the 

2021 IECC. In accordance with the 

National Environmental Policy Act of 

1969 (NEPA), DOE NEPA Implementing 

Procedures and the Council on 

Environmental Quality (CEQ) 

regulations for implementing NEPA, 

DOE will prepare an environmental 

impact statement (DOE/EIS–0550) to 

evaluate the potential impacts to the 

human environment associated with the 

proposed energy conservation standards 

for manufactured housing. 

DATES: The public scoping period for 

the EIS starts with the publication of 

this notice and ends on August 6, 2021. 

DOE will hold virtual informational/ 

public scoping meetings on Wednesday, 

July 21, 2021 at 5:00 p.m.–7:00 p.m. 

Eastern Time and Thursday July 22, 

2021 at 2:00 p.m.–4:00 p.m. Eastern 

Time. Details on how to participate in 

the virtual public meetings will be 

posted on the EIS web page at: https:// 

ecs-mh.evs.anl.gov. In defining the 

scope of the EIS, DOE will consider all 

scoping comments received or 

postmarked by August 6, 2021. 


khammond on DSKJM1Z7X2PROD with NOTICES