[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25724-25728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10395]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-029]
Petition for Waiver of GE Appliances From the Department of
Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure
and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, Notice of Granting Application
for Interim Waiver, and Request for Public Comments.
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SUMMARY: This notice announces receipt of a petition for waiver from GE
Appliances (GE) seeking an exemption from specified portions of the
U.S. Department of Energy (DOE) test procedure for determining the
energy consumption of electric refrigerators and refrigerator-freezers.
GE asks that it be permitted to use an alternate test procedure to
address the difficulties in testing shared dual compressor systems
according to the currently applicable DOE test procedure. DOE solicits
comments, data, and information concerning GE's petition and the
suggested alternate test procedure. Today's notice also grants GE with
an interim waiver from the electric refrigerator-freezer test
procedure, subject to use of the alternative test procedure set forth
in this notice. The waiver request pertains to the basic models set
forth in GE's petition that incorporate shared dual compressor systems.
DATES: DOE will accept comments, data, and information with respect to
the GE Petition until June 3, 2013.
ADDRESSES: You may submit comments, identified by case number ``RF-
029,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include the case
number [Case No. RF-029] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950
[[Page 25725]]
L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Please submit one
signed original paper copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., Washington, DC, 20024; (202) 586-2945, between
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal
holidays. Available documents include the following items: (1) This
notice; (2) public comments received; (3) the petition for waiver and
application for interim waiver; and (4) prior DOE rulemakings regarding
similar refrigerator-freezers. Please call Ms. Brenda Edwards at the
above telephone number for additional information.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies
Program, Mail Stop EE-2J, Forrestal Building, 1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email:
[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, as amended (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as
codified), established the Energy Conservation Program for Consumer
Products Other Than Automobiles, a program covering most major
household appliances, which includes the electric refrigerators and
refrigerator-freezers that are the focus of this notice.\1\ Part B
includes definitions, test procedures, labeling provisions, energy
conservation standards, and the authority to require information and
reports from manufacturers. Further, Part B authorizes the Secretary of
Energy to prescribe test procedures that are reasonably designed to
produce results that measure the energy efficiency, energy use, or
estimated annual operating costs of a covered product, and that are not
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure
for electric refrigerators and electric refrigerator-freezers is
contained in 10 CFR part 430, subpart B, appendix A1.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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The regulations set forth in 10 CFR part 430.27 contain provisions
that enable a person to seek a waiver from the test procedure
requirements for covered products. The Assistant Secretary for Energy
Efficiency and Renewable Energy (the Assistant Secretary) will grant a
waiver if it is determined that the basic model for which the petition
for waiver was submitted contains one or more design characteristics
that prevents testing of the basic model according to the prescribed
test procedures, or if the prescribed test procedures may evaluate the
basic model in a manner so unrepresentative of its true energy
consumption characteristics as to provide materially inaccurate
comparative data. 10 CFR 430.27(l). Petitioners must include in their
petition any alternate test procedures known to the petitioner to
evaluate the basic model in a manner representative of its energy
consumption. The Assistant Secretary may grant the waiver subject to
conditions, including adherence to alternate test procedures. 10 CFR
430.27(l). Waivers remain in effect pursuant to the provisions of 10
CFR 430.27(m).
The waiver process also allows the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures. 10
CFR 430.27(g). An interim waiver remains in effect for 180 days or
until DOE issues its determination on the petition for waiver,
whichever occurs earlier. DOE may extend an interim waiver for an
additional 180 days. 10 CFR 430.27(h).
II. Petition for Waiver of Test Procedure
On February 28, 2013, GE submitted a petition for waiver from the
test procedure applicable to residential electric refrigerators and
refrigerator-freezers set forth in 10 CFR part 430, subpart B, appendix
A1. GE is seeking a waiver because it is developing new refrigerator-
freezers that incorporate a dual-compressor design that is not
contemplated under DOE's test procedure. In its petition, GE seeks a
waiver from the existing DOE test procedure applicable to refrigerators
and refrigerator-freezers under 10 CFR part 430 for the company's
shared dual-compressor system products. In its petition, GE has set
forth an alternate test procedure and notes in support of its petition
that DOE has already granted Sub-Zero a similar waiver pertaining to
the use of shared dual compressor-equipped refrigerators. See 76 FR
71335 (November 17, 2011) (interim waiver) and 77 FR 5784 (February 6,
2012) (Decision and Order). DOE has also granted an interim waiver to
LG. See 77 FR 44603 (July 30, 2012). The reasons for which DOE granted
Sub-Zero's waiver request and LG's interim waiver request apply as well
to the GE basic models that are the subject of this waiver request:
These models all use a shared compressor-based system with refrigerant-
Flow controlled by a 3-way valve and do not have the independent,
sealed systems that the DOE test procedure is designed to address. DOE
has reviewed the alternate procedure and believes that it will allow
for the accurate measurement of the energy use of these products, while
alleviating the testing problems associated with GE's implementation of
a dual compressor system.
GE also requests an interim waiver from the existing DOE test
procedure. An interim waiver may be granted if it is determined that
the applicant will experience economic hardship if the application for
interim waiver is denied, if it appears likely that the petition for
waiver will be granted, and/or the Assistant Secretary determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. See 10 CFR
430.27(g).
For the reasons discussed above, DOE has determined that use of the
currently required DOE test procedure would provide test results so
unrepresentative as to provide materially inaccurate comparative data.
Therefore, it appears likely that GE's petition for waiver will be
granted. For these same reasons, DOE has also determined that it is
desirable for public policy reasons to grant GE immediate relief
pending a determination of the petition for waiver. DOE grants GE's
application for interim waiver from testing of its refrigerator-freezer
product line containing dual compressors.
Therefore, it is ordered that:
The application for interim waiver filed by GE is hereby granted
for GE's refrigerator-freezer product lines that incorporate dual
compressors subject to the following specifications and conditions
below. GE shall be required to test and rate its refrigerator-freezer
product line containing dual compressors according to the alternate
test procedure as set forth in section III, ``Alternate test
procedure.''
The interim waiver applies to the following basic models:
ZIC30GNDII
ZIK30GNDII
DOE makes decisions on waivers and interim waivers for only those
models
[[Page 25726]]
specifically set out in the petition, not future models that may be
manufactured by the petitioner. GE may submit a new or amended petition
for waiver and request for grant of interim waiver, as appropriate, for
additional models of refrigerator-freezers for which it seeks a waiver
from the DOE test procedure. In addition, DOE notes that granting of an
interim waiver or waiver does not release a petitioner from the
certification requirements set forth at 10 CFR part 429.
Further, this interim waiver is conditioned upon the presumed
validity of statements, representations, and documents provided by the
petitioner. DOE may revoke or modify this interim waiver at any time
upon a determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
III. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures to make
representations about the energy consumption and energy consumption
costs of products covered by the statute. (42 U.S.C. 6293(c))
Consistent representations are important for manufacturers to use in
making representations about the energy efficiency of their products
and to demonstrate compliance with applicable DOE energy conservation
standards. Pursuant to its regulations applicable to waivers and
interim waivers from applicable test procedures at 10 CFR 430.27, DOE
will consider setting an alternate test procedure for GE in a
subsequent Decision and Order.
During the period of the interim waiver granted in this notice, GE
shall test the products listed above according to the test procedures
for residential electric refrigerator-freezers prescribed by DOE at 10
CFR part 430, subpart B, appendix A1, except that, for the GE products
listed above only, include the following steps:
5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The
two-part test method in section 4.2.1 must be used, and the energy
consumption in kilowatt-hours per day shall be calculated equivalent
to:
[GRAPHIC] [TIFF OMITTED] TN02MY13.009
Where:
--ET is the test cycle energy (kWh/day);
--1440 = number of minutes in a day
--EP1 is the dual compressor energy expended during the first part
of the test (it is calculated for a whole number of freezer
compressor cycles at least 24 hours in duration and may be the
summation of several running periods that do not include any
precool, defrost, or recovery periods);
--T1 is the length of time for EPI (minutes);
--D is the total number of compartments with distinct defrost
systems;
--i is the variable that can equal to 1,2 or more that identifies
the compartment with distinct defrost system;
--EP2i is the total energy consumed during the second (defrost) part
of the test being conducted for compartment i. (kWh);
--T2i is the length of time (minutes) for the second (defrost) part
of the test being conducted for compartment i.
--12 = conversion factor to adjust for a 50% run-time of the
compressor in hours/day
--CTi is the compressor on time between defrosts for only
compartment i. CTi for compartment i with long time automatic
defrost system is calculated as per 10 CFR Part 430, Subpart B,
Appendix A1 clause 5.2.1.2. CTi for compartment I with variable
defrost system is calculated as per 10 CFR part 430 subpart B,
Appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of
an hour).
Stabilization:
The test shall start after a minimum 24 hours stabilization run for
each temperature control setting. Steady State for EP1: The temperature
average for the first and last compressor cycle of the test period must
be within 1.0 [degrees 1 F (0.6 [degrees 1 C) of the test period
temperature average for each compartment. Make this determination for
the fresh food compartment for the fresh food compressor cycles closest
to the start and end of the test period. If multiple segments are used
for test period 1, each segment must comply with above requirement.
Steady State for EP2i:
The second (defrost) part of the test must be preceded and followed
by regular compressor cycles. The temperature average for the first and
last compressor cycle of the test period must be within 1.0 [degrees 1
F (0.6 [degrees 1 C) of the EPI test period temperature average for
each compartment.
Test Period for EP2i, T2i:
EP2i includes precool, defrost, and recovery time for compartment
i, as well as sufficient dual compressor steady state run cycles to
allow T2i to be at least 24 hours. The test period shall start at the
end of a regular freezer compressor on-cycle after the previous defrost
occurrence (refrigerator or freezer). The test period also includes the
target defrost and following regular freezer compressor cycles, ending
at the end of a regular freezer compressor on-cycle before the next
defrost occurrence (refrigerator or freezer). If the previous condition
does not meet 24 hours time, additional EP1 steady state segment data
could be included. Steady state run cycle data can be utilized in EP1
and EP2i.
Test Measurement Frequency:
Measurements shall be taken at regular interval not exceeding 1
minute.
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IV. Summary and Request for Comments
Through today's notice, DOE grants GE an interim waiver from the
specified portions of the test procedure applicable to GE's line of
refrigerator-freezers with shared dual compressors and announces
receipt of GE's petition for waiver from those same portions of the
test procedure. DOE publishes GE's petition for waiver pursuant to 10
CFR 430.27(b)(1)(iv). The petition includes a suggested alternate test
procedure to determine the energy consumption of GE's specified
refrigerator-freezers with shared dual compressors. GE is required to
follow this alternate procedure as a condition of its interim waiver,
and DOE is considering including this alternate procedure in its
subsequent Decision and Order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), any
person submitting written comments to DOE must also send a copy of such
comments to the petitioner. The contact information for the petitioner
is: Earl F. Jones, Senior Counsel, GE Appliances, Appliance Park 2-225,
Louisville, KY 40225. All submissions received must include the agency
name and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text
(American Standard Code for Information Interchange (ASCII)) file
[[Page 25727]]
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. DOE does not accept telefacsimiles (faxes).
Issued in Washington, DC, on April 26, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
U.S. Department of Energy
Application for Interim Waiver and Petition for Waiver, 10CFR430,
Subpart B, Appendix A1--Uniform Test Method for Measuring the Energy
Consumption of Refrigerator-freezers
Case No.
Non-Confidential Version.
February 28, 2013.
Submitted by:
Earl F. Jones, Senior Counsel, GE Appliances, Appliance Park 2-225,
Louisville, KY 40225, [email protected], 502-452-3164 (voice), 502-452-
0395 (fax).
U.S. Department of Energy Application for Interim Waiver and Petition
for Waiver, 10CFR430, Subpart B, Appendix A1--Uniform Test Method for
Measuring Refrigerator-Freezers
I. Introduction
GE Appliances, an operating division of General Electric Co.,
(``GE'') is a leading manufacturer and marketer of household
appliances, including, as relevant to this proceeding,
refrigerators, files this Petition for Waiver and Application for
Interim Waiver (collectively, ``Petition''). GE requests that the
Assistant Secretary grant it a waiver from certain parts of the test
procedure promulgated by the U.S. Department of Energy (``DOE'' or
``the Department'') for determining refrigerator-freezer energy
consumption and allow GE to test its new refrigerator-freezer model
pursuant to the modified procedure submitted herewith. This request
is filed pursuant to 10 CFR 430.27.
The Department's regulations provide that the Assistant
Secretary will grant a Petition upon ``determin[ation] that the
basic model for which the waiver was requested contains a design
characteristic which either prevents testing of the basic model
according to the prescribed test procedures, or the prescribed test
procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as
to provide materially inaccurate comparative data.'' 10 CFR
430.27(l). GE requests that the Assistant Secretary grant this
Petition on both grounds.
First, the refrigerator energy test procedure set forth in 10
CFR part 430, subpart B, Appendix A1 does not allow the energy used
by GE's new refrigerator to be accurately calculated. The new
refrigerator contains two compressors, each of which contributes to
the cooling of the separate fresh-food and freezer compartments.
Since the test procedure assumes that refrigerators have only one
compressor it does not provide a method for calculating energy
consumption of dual-compressor systems. Thus, GE's new model cannot
be tested per the procedure.
Second, if GE were to test its new dual-compressor refrigerator
per the test procedure the results of the energy test so conducted
would not accurately measure the energy used by the new model.
II. Background
GE has designed and has plans to market a new refrigerator. In
order to be assured that it is correctly calculating the energy
consumption of the product, that the product meets the minimum
energy requirements for its product class and is properly labeled,
GE seeks the Department's expeditious concurrence to its proposed
amendment to the refrigerator test procedure to provide for testing
of dual compressor models.
DOE granted Sub-Zero's waiver petition \2\ for refrigerators
equipped with dual compressors acknowledging that the existing test
procedure cannot properly measure the energy usage of refrigerators
with dual systems. Thereafter, the Department granted LG Electronics
USA, Inc.'s interim waiver application for its dual-compressor
product.\3\
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\2\ Sub-Zero, 77 FR 5784, Feb. 6, 2012.
\3\ LG, 77 FR 44603, July 30, 2012.
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III. GE's Proposed Test Procedure
In light of the above and since GE proposes to test its product
in accordance with the test procedure that DOE has already approved
for use by Sub-Zero and LG, the Department should grant GE's
Petition and permit it to use the Sub-Zero-approved test procedure,
which is set forth in Attachment 1 hereto.
The reasons DOE granted Sub-Zero's waiver request apply as well
to GE's product: GE's refrigerator also has a shared compressor
system with refrigerant-flow controlled by a 3-way valve. It does
not have the independent, sealed systems assumed by the DOE test
procedure. As a result, it cannot be tested using the DOE test
procedure. Moreover, using the test procedure would yield test
results so unrepresentative as to provide materially inaccurate
comparative data.
The waiver should continue in effect until DOE amends the test
procedure to accommodate such products. GE also requests that the
Department grant an interim waiver to test and rate the models
listed on Attachment 2. We would be pleased to discuss this request
with DOE and provide further information as needed.
GE requests expedited treatment of the Petition and Application.
I hereby certify that all manufacturers of domestically marketed
units of the same product type have been notified of this Petition
and Application, list of which is found in Attachment 3, hereto.
Respectfully submitted,
Earl F. Jones,
Senior Counsel and Authorized Representative of GE Appliances.
Attachment 1
[GRAPHIC] [TIFF OMITTED] TN02MY13.010
Where:
--ET is the test cycle energy (kWh/day);
--1440 = number of minutes in a day
--EP1 is the dual compressor energy expended during the first part
of the test (it is calculated for a whole number of freezer
compressor cycles at least 24 hours in duration and may be the
summation of several running periods that do not include any
precool, defrost, or recovery periods);
--T1 is the length of time for EPI (minutes);
--D is the total number of compartments with distinct defrost
systems;
--i is the variable that can equal to 1,2 or more that identifies
the compartment with distinct defrost system;
--EP2i is the total energy consumed during the second
(defrost) part of the test being conducted for compartment i. (kWh);
--T2i is the length of time (minutes) for the second
(defrost) part of the test being conducted for compartment i.
--12 = conversion factor to adjust for a 50% run-time of the
compressor in hours/day
--CTi is the compressor on time between defrosts for only
compartment i. CTi for compartment i with long time
automatic defrost system is calculated as per 10 CFR Part 430,
Subpart B, Appendix A1 clause 5.2.1.2. CTi for
compartment I with variable defrost system is calculated as per 10
CFR part 430 subpart B, Appendix A1 clause 5.2.1.3. (hours rounded
to the nearest tenth of an hour).
Stabilization:
The test shall start after a minimum 24 hours stabilization run
for each temperature control setting. Steady State for EP1: The
temperature average for the first and last compressor cycle of the
test period must be within 1.0 [degrees 1 F (0.6 [degrees 1 C) of
the test period temperature average for each compartment. Make this
determination for the fresh food compartment for the fresh food
compressor cycles closest to the start and end of the test period.
If multiple segments are
[[Page 25728]]
used for test period 1, each segment must comply with above
requirement.
Steady State for EP2i:
The second (defrost) part of the test must be preceded and
followed by regular compressor cycles. The temperature average for
the first and last compressor cycle of the test period must be
within 1.0 [degrees 1 F (0.6 [degrees 1 C) of the EPI test period
temperature average for each compartment.
Test Period for EP2i, T2i:
EP2i includes precool, defrost, and recovery time for
compartment i, as well as sufficient dual compressor steady state
run cycles to allow T2i to be at least 24 hours. The test
period shall start at the end of a regular freezer compressor on-
cycle after the previous defrost occurrence (refrigerator or
freezer). The test period also includes the target defrost and
following regular freezer compressor cycles, ending at the end of a
regular freezer compressor on-cycle before the next defrost
occurrence (refrigerator or freezer). If the previous condition does
not meet 24 hours time, additional EP1 steady state segment data
could be included. Steady state run cycle data can be utilized in
EP1 and EP2i.
Test Measurement Frequency
Measurements shall be taken at regular interval not exceeding 1
minute.
* * * * *
Attachment 2
ZIC30GNDII
ZIK30GNDII
[FR Doc. 2013-10395 Filed 5-1-13; 8:45 am]
BILLING CODE 6450-01-P