[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19654-19657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7812]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-022]
Notice of Petition for Waiver of Sanyo E&E Corporation from the
Department of Energy Residential Refrigerator and Refrigerator-Freezer
Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy, DoE.
ACTION: Notice of petition for waiver and request for comments.
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SUMMARY: This notice announces receipt of and publishes the Sanyo E&E
Corporation (Sanyo) petition for waiver (hereafter, ``petition'') from
specified portions of the U.S. Department of Energy (DOE) test
procedure for determining the energy consumption of electric
refrigerators and refrigerator-freezers. The waiver request pertains to
the hybrid wine chiller/beverage center basic models set forth in
Sanyo's petition. In its petition, Sanyo provides an alternate test
procedure to test the wine chiller compartment at 55[emsp14][deg]F
instead of the prescribed temperature of 38[emsp14][deg]F. DOE solicits
comments, data, and information concerning Sanyo's petition and the
suggested alternate test procedure.
DATES: DOE will accept comments, data, and information with respect to
the Sanyo Petition until May 2, 2012.
ADDRESSES: You may submit comments, identified by case number ``RF-
022,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected] Include the case
number [Case No. RF-022] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Please submit one signed original paper
copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., Washington, DC, 20024; (202) 586-2945, between
9 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
Available documents include the following items: (1) This notice; (2)
public comments received; (3) the petition for waiver and application
for interim waiver; and (4) prior DOE rulemakings regarding similar
refrigerator-freezers. Please call Ms. Brenda Edwards at the above
telephone number for additional information.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal
Building,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-0371. Email: [email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-7796.
Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified,
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes the electric refrigerators and refrigerator-freezers
that are the focus of this notice.\1\ Part B includes definitions, test
procedures, labeling provisions, energy conservation standards, and the
authority to require information and reports from manufacturers.
Further, Part B authorizes the Secretary of Energy to prescribe test
procedures that are reasonably designed to produce results which
measure the energy efficiency, energy use, or estimated annual
operating costs of a covered product, and that are not unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for
electric refrigerators and electric refrigerator-freezers is contained
in 10 CFR part 430, subpart B, appendix A1.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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The regulations set forth in 10 CFR 430.27 contain provisions that
enable a person to seek a waiver from the test procedure requirements
for covered products. The Assistant Secretary for Energy Efficiency and
Renewable Energy (the Assistant Secretary) will grant a waiver if it is
determined that the basic model for which the petition for waiver was
submitted contains one or more design characteristics that prevents
testing of the basic model according to the prescribed test procedures,
or if the prescribed test procedures may evaluate the basic model in a
manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 430.27(l). Petitioners must include in their petition any
alternate test procedures known to the petitioner to evaluate the basic
model in a manner representative of its energy consumption. The
Assistant Secretary may grant the waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(l).
Waivers remain in effect pursuant to the provisions of 10 CFR
430.27(m).
II. Petition for Waiver of Test Procedure
On June 2, 2011, Sanyo submitted a petition for waiver from the
test procedure applicable to residential electric refrigerators and
refrigerator-freezers set forth in 10 CFR part 430, Subpart B, Appendix
A1. Sanyo is requesting a waiver with respect to the test procedures
for its hybrid models that consist of single-cabinet units with
[[Page 19655]]
a refrigerated beverage compartment in the top portion and a wine
storage compartment in the bottom of the units. DOE issued guidance
that clarified the test procedures to be used for hybrid products such
as the Sanyo models at issue here: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf This guidance specifies that basic models such as
the ones Sanyo identifies in its petition, which do not have a separate
wine storage compartment with a separate exterior door, are to be
tested according to the DOE test procedure in Appendix A1, with the
temperatures specified therein. Sanyo asserts that the wine storage
compartment cannot be tested at the prescribed temperature of 38[deg]F,
because the minimum compartment temperature is 45[deg]F. Sanyo
submitted an alternate test procedure to account for the energy
consumption of its wine chiller/beverage centers. That alternate
procedure would test the wine chiller compartment at 55[deg]F, instead
of the prescribed 38[deg]F. The following basic models are included in
Sanyo's petition:
JUB248LB, JUB248RB, JUB248LW, JUB248RW, KBCO24LS, KBCS24LS,
KBCO24RS, KBCS24RS, and MBCM24FW.
DOE makes decisions on waivers for only those models specifically
set out in the petition, not future models that may be manufactured by
the petitioner. Sanyo may submit a subsequent petition for waiver for
additional models of electric refrigerators and refrigerator-freezers
for which it seeks a waiver from the DOE test procedure. In addition,
DOE notes that the grant of a waiver does not release a petitioner from
the certification requirements set forth at 10 CFR part 429.
We also note that the energy consumption of the basic models
detailed in Sanyo's petition suggests that these products, when tested
in accordance with the alternate test procedure Sanyo is requesting to
use, would appear to use an amount of energy that exceeds the energy
conservation standards for the likely product classes that would apply.
While this is a separate issue from the merits presented by this
petition, DOE notes that should this in fact be the case, Sanyo would
also need to seek exception relief from the applicable standards
through the Office of Hearings and Appeals prior to making these
products available for sale. The process for seeking such relief, which
is authorized under 42 U.S.C. 7194, is detailed at 10 CFR 1003.20-
1003.27.
III. Summary and Request for Comments
Through today's notice, DOE announces receipt of Sanyo's petition
for waiver from certain parts of the test procedure that applies to
residential refrigerators and refrigerator -freezers. DOE is publishing
Sanyo's petition for waiver in its entirety pursuant to 10 CFR
430.27(b)(1)(iv). The petition contains no confidential information.
The petition includes a suggested alternate test procedure to determine
the energy consumption of Sanyo's specified hybrid refrigerators.
DOE solicits comments from interested parties on all aspects of the
petition. 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: Adam D. Bowser, ARENT FOX LLP, 1050 Connecticut
Avenue NW, Washington, DC 20036-5369, (202) 857-6450. All submissions
received must include the agency name and case number for this
proceeding. Submit electronic comments in WordPerfect, Microsoft Word,
Portable Document Format (PDF), or text (American Standard Code for
Information Interchange (ASCII)) file format and avoid the use of
special characters or any form of encryption. Wherever possible,
include the electronic signature of the author. DOE does not accept
telefacsimiles (faxes).
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 two copies to DOE: one copy of the document
including all the information believed to be confidential, and one copy
of the document with the information believed to be confidential
deleted. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Issued in Washington, DC, on March 27, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Before The
U.S. Department of Energy
Washington, DC 20585
In the Matter of: SANYO E&E Corp., Petitioner.
Case Number: ------------------
Petition for Waiver
SANYO E&E Corporation (``SANYO E&E'') respectfully submits this
Petition for Waiver (``Petition'') pursuant to 10 C.F.R. Sec. 430.27
on the ground that its hybrid wine chiller/beverage center models
(``hybrid model(s)'') listed below contain one or more design
characteristics that prevent testing of the basic models according to
the test procedures prescribed in 10 C.F.R. Sec. 430, subpart B,
appendix A1. Sanyo therefore requests that it be permitted to employ
the alternative testing method detailed below, as it is currently
impossible to test these hybrid models under the existing test
procedures.
1. Description of Applicant
SANYO E&E is part of an international organization with many
subsidiaries and affiliates, including in the United States. Further
information can be found at http://www.sanyo.com. SANYO E&E's core
traditional business has been the production of compact and mid-size
refrigerators, freezers, wine storage appliances and other consumer and
commercial refrigeration products. SANYO E&E, which is headquartered in
San Diego, California, has been designing and selling these consumer
and commercial refrigeration products since 1979. Further, SANYO E&E
produces products sold not only under the SANYO brand name, but also
under multiple other brand names and which are sold in the United
States by SANYO E&E's customers.
2. Background and General Information
SANYO E&E is requesting a waiver with respect to the test
procedures for its hybrid models that consist of a combination of a
refrigerated ``beverage'' compartment in the top portion of these
single-cabinet units and a wine storage compartment on the bottom of
the units, and for which an alternative testing procedure is necessary
in order to certify, rate, and sell such models. These hybrid models
include the following basic models: JUB248LB, JUB248RB, JUB248LW,
JUB248RW, KBCO24LS, KBCS24LS, KBCO24RS, KBCS24RS, and MBCM24FW.
SANYO E&E understands that DOE does not wish to prevent
manufacturers from marketing new, innovative products that will enhance
consumers' well being and satisfaction. The market for wine storage
products and related hybrid models has seen robust growth over the last
few years and is expected to continue expanding for the foreseeable
future. Therefore, there is a significant demand and need for these
hybrid models. As discussed below, however, because of their unique
design characteristics and temperature specifications, there is no way
to certify, rate, and sell these hybrid models under
[[Page 19656]]
the existing testing procedures, and a waiver is thus necessary.
DOE has now clarified that it considers such hybrid models as
covered products. Currently, however, there are no DOE testing
procedures specifically tailored to hybrid models. Accordingly, the
current testing requirements would not measure energy usage in a manner
that truly represents the energy-consumption characteristics of these
unique products, and, in fact, as described below, it would be
impossible to test these models under the existing testing procedures.
As DOE has previously stated, ``[f]ully recognizing that product
development occurs faster than the test procedure rulemaking process,
the Department's rules permit manufacturers of models not contemplated
by the test procedures * * * to petition for a test procedure waiver in
order to certify, rate, and sell such models.'' GC Enforcement Guidance
on the Application of Waivers and on the Waiver Process at 2 (rel. Dec.
23, 2010); \1\ see also DOE FAQ Guidance Regarding Coverage of Wine
Chillers, Etc. in the R/F Standard/Test Procedure at 2 (rel. Feb. 10,
2011) (``DOE recognizes the potential disparity in treatment among
these hybrid products. As DOE indicated * * *, the Department plans to
engage in a future rulemaking to more comprehensively address these
types of products.'').
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\1\ Available at http://www.gc.energy.gov/documents/LargeCapacityRCW_guidance_122210.pdf.
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Accordingly, SANYO E&E respectfully requests a waiver from the test
procedures prescribed in 10 C.F.R. Sec. 430, subpart B, appendix A1
until such time as DOE issues test procedures tailored to the unique
product characteristics of these hybrid models, as discussed below.
3. Product Characteristics of SANYO E&E Hybrid Models
As noted above, SANYO E&E's hybrid models consist of a combination
of a refrigerated ``beverage'' compartment in the top portion of these
single-cabinet units and a wine storage compartment on the bottom of
the units. Wine connoisseurs recommend an average of 55-57 [deg]F for
the long term storage of any kind of wine, and SANYO E&E has designed
the wine storage compartments of its hybrid models with this ideal
average temperature in mind. But because various types of wines have
different ideal drinking temperatures (e.g., some red wines are best
served in the mid-sixties, while some white wines are ideally served in
the mid-forties), SANYO E&E has designed the wine storage compartments
of its hybrid models to operate between a minimum temperature of 45
[deg]F and a maximum temperature of 64 [deg]F. In fact, heaters are
used to ensure that the temperature in the wine storage compartment
never drops below 45 [deg]F, as wines chilled below this temperature
risk becoming crystallized and, therefore, ruined. Currently, however,
DOE's testing procedures contained in 10 C.F.R. Sec. 430, subpart B,
appendix A1, mandate that energy consumption be measured when the
compartment temperature is set at 38 [deg]F. Based on the design
characteristics of its hybrid models noted above, however, SANYO E&E
would need a waiver in order to properly ``certify, rate, and sell such
models,'' because the existing test procedures contained in 10 C.F.R.
Sec. 430, subpart B, appendix A1, do not contemplate a product that is
designed to be incapable of achieving a temperature below 45 [deg]F. In
short, testing SANYO E&E's hybrid models at 38 [deg]F is simply not
possible and not representative of the energy consumption
characteristics of these models.
Further, the hybrid models will typically have a door-opening usage
aligned with household freezers, thus 0.85 is the employed K factor
(correction factor). See Appendix B1 to Subpart 430, 5.2.1.1, because
Subpart 430 does not recognize wine chiller as a category. Thus, the K
factor from CAN/CSA 300-08 6.3.1.2 and HRF-1-2007 8.7.2.1.1 is used.
SANYO E&E's hybrid models listed above currently cannot be tested
under the existing regulations, without a waiver as sought herein. To
evaluate the models in a manner truly representative of their actual
energy consumption characteristics, the standard temperature of single
wine coolers (55 [deg]F) for the wine storage compartment and the
standard temperature (38 [deg]F) for the refrigerated beverage
compartment should be used. Therefore, the energy consumption is
defined by the higher of the two values calculated by the following two
formulas (according to 10 C.F.R. Sec. 430, subpart B, Appendix A1):
Energy consumption of the wine compartment:
EWine = ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)] *0.85
Energy consumption of the refrigerated beverage compartment:
EBeverage Compartment = ET1 + [(ET2-ET1) x (38 [deg]F-TBC1)/(TBC2-
TBC1)].
The total adjusted volume of basic model MBCM24FW is 5.75 cubic
feet. Using the standard temperature of 55 [deg]F for the wine
compartment the annual energy use of the model is 436 kWh/year.
According to current DOE standards, this model is classified as a
compact refrigerator with automatic defrost without through-the-door
ice service.
The total adjusted volume of basic models JUB248LB, JUB248RB,
JUB248LW, JUB248RW, KBCO24LS, KBCS24LS, KBCO24RS, KBCS24RS is 5.41
cubic feet. Using the standard temperature of 55 [deg]F for the wine
compartment the annual energy use of the model is thus 431 kWh/year.
According to current DOE standards, these models are also classified as
compact refrigerators with automatic defrost without through-the-door
ice service.
4. Manufacturers of Other Basic Models Marketed in the United States
Known to Incorporate Similar Design Characteristics
After reviewing publicly available product manuals of comparable
hybrid models, SANYOE E&E was unable to locate a basic model marketed
in the United States that incorporates similar design characteristics
and that also would be considered a ``covered product'' under Section
430.62 of DOE's rules.\2\
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\2\ SANYO E&E cannot guarantee that its search disclosed every
possible competing model, as SANYO E&E ordinarily does not search
for and retain this information in the normal course of business,
but to the best of SANYO E&E's knowledge, certain GE hybrid models
appear to be the closest substitutes to SANYO E&E's hybrid models in
terms of both functionality and design characteristics. However, GE
represents in its product manuals that its hybrid models,
specifically, ZDBC240, ZDBT240, ZDBR240, and ZDBI240, do not achieve
temperatures below 40 [deg]F and thus would not be considered a
covered product under DOE regulations. SANYO E&E is uncertain if GE
means that the average temperature of the entire cabinet does not
drop below 40 [deg]F, which is the case with all SANYO E&E's hybrid
models, or whether GE is representing that no portion of its single-
cabinet models can achieve temperatures below 40 [deg]F. Based on
this uncertainty, SANYO E&E excluded GE from this section. SANYO
E&E's research did not reveal any other basic models that, after
review of the design characteristics, were comparable to SANYO E&E's
hybrid models.
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If DOE requires any additional information to properly consider
this Petition for Waiver, please do not hesitate to contact the
undersigned.
Respectfully submitted,
Kenji Maru
President
SANYO E&E Corp.
Alan G. Fishel
Adam D. Bowser
Arent Fox LLP
1050 Connecticut Avenue NW
Washington, DC 20036-5369
[[Page 19657]]
(202) 857-6450
[email protected]
[email protected]
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Date
[FR Doc. 2012-7812 Filed 3-30-12; 8:45 am]
BILLING CODE 6450-01-P