[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35894-35898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14163]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-031]
Notice of Petition for Waiver of Panasonic Appliances
Refrigeration Systems Corporation of America Corporation (PAPRSA) 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
Panasonic Appliances Refrigeration Systems Corporation of America
(PAPRSA) 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.
PAPRSA's request pertains to the specific hybrid wine chiller/beverage
center basic models set forth in its petition. PAPRSA seeks permission
to use an alternate test procedure to test the wine chiller compartment
of these devices at 55 [deg]F instead of the prescribed temperature of
38 [deg]F. That procedure would apply a K factor (correction factor)
value of 0.85 when calculating the energy consumption of a tested model
and replace the energy consumption calculation currently required under
10 CFR Part 430, Appendix A1. DOE solicits comments, data, and
information concerning PAPRSA's petition and the suggested alternate
test procedure. Today's notice also grants PAPRSA with an interim
waiver from the electric refrigerator-freezer test procedure, subject
to use of the alternative test procedure set forth in this notice.
DATES: DOE will accept comments, data, and information with respect to
the PAPRSA Petition until July 15, 2013.
[[Page 35895]]
ADDRESSES: You may submit comments, identified by case number ``RF-
031,'' 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-031] 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
9:00 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].
Mr. Michael Kido, 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) 586-8145. 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).
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 April 29, 2013, PAPRSA 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. In its petition, PAPRSA has set forth an alternate test procedure
and notes in support of its petition that DOE previously granted Sanyo
E&E Corporation (Sanyo) a similar waiver pertaining to its wine
chiller/beverage centers. See 77 FR 19654 (April 2, 2012) (petition for
waiver) and 77 FR 49443 (August 16, 2012) (Decision and Order). The
petition also notes that Sanyo E&E Corporation has since changed its
corporate name to Panasonic Appliances Refrigeration Systems
Corporation of America, meaning that it is the same manufacturer to
which DOE granted the August 2012 waiver. On October 4, 2012, DOE
issued a correction notice to the Decision and Order. That notice
incorporated a K factor (correction factor) value of 0.85 when
calculating the energy consumption of a tested model (77 FR 60688).
PAPRSA is requesting a waiver with respect to the test procedures for
its hybrid models that consist of a single cabinet equipped with a
refrigerated beverage compartment in the top portion and a wine storage
compartment in the bottom portion of each unit. DOE issued guidance
that clarified the test procedures to be used for hybrid products such
as the PAPRSA models at issue, which is available at the following
link: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf. This guidance
specifies that basic models such as the ones PAPRSA 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.
PAPRSA 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.
PAPRSA 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
[[Page 35896]]
as to provide materially inaccurate comparative data. Therefore, it
appears likely that PAPRSA'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 PAPRSA immediate relief pending a
determination of the petition for waiver. DOE grants PAPRSA's
application for interim waiver from testing of its hybrid wine chiller/
beverage center basic models.
Therefore, it is ordered that:
The application for interim waiver filed by PAPRSA is hereby
granted for PAPRSA's hybrid wine chiller/beverage center basic product
lines are subject to the following specifications and conditions below.
PAPRSA shall be required to test and rate its hybrid wine chiller/
beverage center product line according to the alternate test procedure
as set forth in section III, ``Alternate test procedure.''
The following basic models are included in PAPRSA's petition:
SR5180JBC
JUB24FLARS0*
JUB24FRARS0*
JUB24FRACX0*
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. PAPRSA 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.
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
PAPRSA 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. PAPRSA shall also use the K factor
(correction factor) value of 0.85 when calculating the energy
consumption of one of the models listed above and replace energy
consumption calculation of appendix A1 with the following:
Energy consumption is defined by the higher of the two values
calculated by the following two formulas (according to 10 CFR part 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)].
IV. Summary and Request for Comments
Through today's notice, DOE grants PAPRSA an interim waiver from
the specified portions of the test procedure applicable to PAPRSA's
line of hybrid wine chiller/beverage center basic and announces receipt
of PAPRSA's petition for waiver from those same portions of the test
procedure. DOE is publishing PAPRSA's petition for waiver in its
entirety. The petition contains no confidential information. The
petition includes a suggested alternate test procedure to determine the
energy consumption of PAPRSA's specified hybrid refrigerators. PAPRSA
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(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: Adam D. Bowser, ARENT FOX LLP, 1717 K St. 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 June 7, 2013.
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:
Panasonic Appliances Refrigeration Systems Corporation of America,
Petitioner
Case Number: --------------
PETITION FOR WAIVER AND APPLICATION FOR INTERIM WAIVER
Panasonic Appliances Refrigeration Systems Corporation of
America (``PAPRSA'') respectfully submits this Petition for Waiver
and Application for Interim Waiver (``Petition'') pursuant to 10
C.F.R. Sec. 430.27 on the ground that its hybrid wine chiller/
beverage center model (``hybrid model'') listed below contains one
or more design characteristics that prevent testing of the basic
model according to the test procedures prescribed in 10 C.F.R. Sec.
430, subpart B, appendix A1. As detailed more fully below, the
Department of Energy (``DOE'') has previously granted PAPRSA's
corporate predecessor, SANYO E&E Corp.,\2\ a waiver from DOE's
electric refrigerator and refrigerator-freezer test procedures for
determining the energy consumption of substantially similar hybrid
models in Case No. RF-022 (the ``waiver hybrid models''). PAPRSA has
developed a new basic hybrid model, SR5180JBC, that contains the
same design characteristics as its waiver hybrid models that make it
impossible to certify, rate, and sell this new hybrid model under
the existing testing procedures.\3\ PAPRSA therefore respectfully
requests that it be permitted to employ the alternative testing
method for this new basic hybrid model that
[[Page 35897]]
has already been approved by DOE for the waiver hybrid models.
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\2\ Effective April 1, 2013, SANYO E&E Corporation changed its
corporate name to Panasonic Appliances Refrigeration Systems
Corporation of America. Throughout this Petition, PAPRSA will be
used to refer to both SANYO E&E Corporation and Panasonic Appliances
Refrigeration Systems Corporation of America, unless otherwise
indicated.
\3\ At present, PAPRSA intends to market three derivative
individual models based on basic hybrid model SR5180JBC that have
variances in their cosmetic features: JUB24FLARS0 *, JUB24FRARS0 *,
and JUB24FRACX0 *. To the extent this Petition is granted, PAPRSA
may develop additional derivative individual models based on basic
hybrid model SR5180JBC in the future.
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1. Existing Waiver Background and Product Characteristics of PAPRSA's
Hybrid Models
On June 2, 2011, PAPRSA submitted a petition for waiver with
respect to the test procedures for its waiver 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 was necessary in order to certify, rate, and sell
such models. The waiver hybrid models include the following models:
JUB248LB, JUB248RB, JUB248LW, JUB248RW, KBCO24LS, KBCS24LS,
KBCO24RS, KBCS24RS, and MBCM24FW.
As PAPRSA previously explained, PAPRSA designed the wine storage
compartments of its waiver hybrid models to operate between a
minimum temperature of 45 [deg]F and a maximum temperature of 64
[deg]F, with an average temperature of 55 to 57 [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 waiver hybrid models
noted above, however, PAPRSA needed a waiver with respect to DOE's
testing procedures 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.
On April 2, 2012, DOE published PAPRSA's previous petition for
waiver and sought public comment, and DOE subsequently extended the
deadline for comments after PAPRSA submitted a request for extension
to clarify the scope of its original petition for waiver. See
Federal Register, Vol. 77, No. 96, 29331-29333. No comments were
filed opposing the relief requested in PAPRSA's petition for waiver.
On August 9, 2012, DOE granted PAPRSA a waiver from DOE's
electric refrigerator and refrigerator-freezer test procedures for
determining the energy consumption of the basic models listed in its
June 2, 2011 petition for waiver. See Federal Register, Vol. 77, No.
159, 49443-44. In permitting PAPRSA to test the wine chiller
compartment at 55 [deg]F, DOE noted ``that the test procedures for
wine chillers adopted by the Association of Home Appliance
Manufacturers (AHAM), California Energy Commission (CEC), and
Natural Resources Canada all use a standardized compartment
temperature of 55 [deg]F for wine chiller compartments, which is
consistent with [PAPRSA's] approach.'' Id. at 49444.
On September 26, 2012, DOE issued a correction to its August 9,
2012 order that incorporated the K factor (correction factor) value
of .85 that PAPRSA should utilize when calculating the energy
consumption of its waiver hybrid models. See Federal Register, Vol.
77, No. 193, 60688-89. Accordingly, DOE ultimately directed PAPRSA
to utilize the following test procedure for its waiver hybrid
models:
Energy consumption is defined by the higher of the two values
calculated by the following two formulas (according to 10 CFR part
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)].
See Federal Register, Vol. 77, No. 193 at 60689.
2. Request to Test, Certify and Rate New Basic Model SR5180JBC Under
Previously Approved Alternative Testing Procedure
As indicated above, PAPRSA has developed a new basic hybrid
model, SR5180JBC, that shares the same design characteristics that
led DOE to approve PAPRSA's June 2, 2011 petition for waiver.
SR5180JBC is a single cabinet hybrid model that would be classified
as a compact refrigerator with automatic defrost without through-
the-door ice service, but which has a wine-chiller compartment
designed for an average temperature of 55 to 57 [deg]F. Just as
PAPRSA's waiver hybrid models, SR5180JBC contains a heater that
makes it impossible for the temperature of the wine-chiller
compartment to reach a temperature below 45 [deg]F. Thus, testing
SR5180JBC at 38 [deg]F is simply not possible and not representative
of the energy consumption characteristics of this new basic hybrid
model.
Further, SR5180JBC, just as PAPRSA's waiver hybrid models, will
have a door-opening usage aligned with household freezers, thus 0.85
should also be the employed K factor (correction factor) for this
basic hybrid model. See Appendix B1 to Subpart 430, 5.2.1.1, because
Subpart 430 does not recognize wine chiller as a category.
In short, there are no material differences between SR5180JBC
and PAPRSA's waiver hybrid models as it impacts this Petition. While
SR5180JBC has a total adjusted volume of 4.7 cubic feet (instead of
the slightly higher volumes of the waiver hybrid models) that would
be used in calculating the theoretical maximum allowable annual
energy consumption for this basic hybrid model, the design
characteristics of SR5180JBC are the same as PAPRSA's waiver hybrid
models that led DOE to allow PAPRSA to use the following testing
procedure:
Energy consumption is defined by the higher of the two values
calculated by the following two formulas (according to 10 CFR part
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)].
Accordingly, PAPRSA respectfully requests that it be permitted
to use this approved alternative testing method to test, certify and
rate new basic hybrid model SR5180JBC in the same manner as its
waiver hybrid models subject to the existing waiver.
3. 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, PAPRSA 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.\4\
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\4\ PAPRSA cannot guarantee that its search disclosed every
possible competing model, as PAPRSA ordinarily does not search for
and retain this information in the normal course of business, but to
the best of PAPRSA'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. PAPRSA 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 PAPRSA'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, PAPRSA excluded GE from this section. PAPRSA's
research did not reveal any other basic models that, after review of
the design characteristics, were comparable to PAPRSA's hybrid
models.
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4. Grounds for Interim Waiver
Pursuant to 10 CFR part 430.27(b)(2), applicants for an interim
waiver should address the likely success of their petition and what
economic hardships and/or competitive disadvantages are likely to
arise absent the grant of an interim waiver.
As detailed above, it is highly likely that DOE will grant this
Petition, as PAPRSA is simply seeking to test a new basic hybrid
model under the alternative testing procedure already approved by
DOE for PAPRSA's other hybrid models subject to the existing waiver.
SR5180JBC contains no materially different design characteristics
that should warrant a different result.
Further, 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); \5\ see also DOE
FAQ Guidance Regarding Coverage of Wine Chillers, Etc. in the R/F
Standard/
[[Page 35898]]
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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\5\ Available at http://www.gc.energy.gov/documents/LargeCapacityRCW_guidance_122210.pdf.
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As noted in Section 3 above, certain manufacturers design
comparable hybrid models so that the beverage center compartment
does not reach below 40 [deg]F, and thus are not covered products
under DOE's regulations. Unless PAPRSA is granted an interim waiver,
it will be at a competitive disadvantage by being unable to
introduce new basic hybrid models to compete with manufacturers that
design their hybrid models in a manner that falls outside of DOE's
jurisdiction.
Thus, given that this Petition is likely to be granted and
PAPRSA will face economic hardship unless an interim waiver is
granted, permitting PAPRSA to immediately certify new basic hybrid
model SR5180JBC under the alternative testing method already
approved by DOE is in the public interest.
Respectfully submitted,
/s/--------------------------------------------------------------------
Alan G. Fishel
Adam D. Bowser
Arent Fox LLP
1717 K St. NW.
Washington, DC 20036-5369
(202) 857-6450
[email protected]
[email protected]
Counsel for Panasonic Appliances Refrigeration Systems Corporation
of America
April 29, 2013
[FR Doc. 2013-14163 Filed 6-13-13; 8:45 am]
BILLING CODE 6450-01-P