[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55769-55772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22175]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-041]
Extension of Waiver to Panasonic Appliances Refrigeration Systems
Corporation of America Corporation From the Department of Energy
Residential Refrigerator and Refrigerator-Freezer Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Extension of Waiver.
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SUMMARY: The U.S. Department of Energy (DOE) is granting a waiver
extension (Case No. RF-041) to Panasonic Appliances Refrigeration
Systems Corporation of America (PAPRSA) to waive the requirements of
the DOE electric refrigerator and refrigerator-freezer test procedures
for determining the energy consumption of a specific hybrid basic
model, PR5180JKBC. Under today's extension, PAPRSA shall be required to
test and rate this hybrid wine chiller/beverage center basic model
using an alternate test procedure that requires PAPRSA to test the wine
chiller compartment at 55 [deg]F instead of the prescribed temperature
of 39 [deg]F per title 10 of the Code of Federal Regulations (10 CFR)
part 430, subpart B, appendix A. PAPRSA shall also use the K factor
(correction factor) value of 0.85 when calculating the energy
consumption.
DATES: This extension of waiver is effective September 17, 2014.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 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: In accordance with 10 CFR 430.27(g), DOE
gives notice of the issuance of its extension of waiver as set forth
below. The extension of waiver grants PAPRSA a waiver from the
applicable residential refrigerator and refrigerator-freezer test
procedures found in 10 CFR part 430, subpart B, appendix A for certain
basic models of hybrid wine chiller/beverage center products, provided
that PAPRSA tests and rates such products using the alternate test
procedure described in this notice. Today's extension prohibits PAPRSA
from making representations concerning the energy efficiency of these
products unless the product has been tested in a manner consistent with
the provisions and restrictions in the alternate test procedure set
forth in the extension below, and the representations fairly disclose
the test results. Distributors, retailers, and private labelers are
held to the same standard when making representations regarding the
energy efficiency of these products. 42 U.S.C. 6293(c).
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 residential 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 energy efficiency, energy use, or estimated
operating costs, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for residential electric
refrigerators and refrigerator-freezers is set forth in 10 CFR part
430, subpart B, appendix A.
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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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DOE's regulations allow a person to seek a waiver from the test
procedure requirements for a particular basic model of a type of
covered consumer product when (1) the petitioner's basic model for
which the petition for waiver was submitted contains one or more design
characteristics that prevent testing according to the prescribed test
procedure, or (2) when 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(a)(1). Petitioners must include in
their petition any alternate test procedures known to the petitioner to
evaluate the basic model in a manner
[[Page 55770]]
representative of its energy consumption characteristics.
The granting of a waiver is 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. As soon thereafter as practicable, DOE will publish in the
Federal Register a final rule. 10 CFR 430.27(l). The waiver process
also allows the granting of 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(e). 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)(1).
A petitioner may request that DOE extend the scope of a waiver or
an interim waiver to include additional basic models employing the same
technology as the basic model(s) set forth in the original petition.
DOE will publish any such extension in the Federal Register. 10 CFR
430.27(g).
II. PAPRSA's Extension of Waiver: Assertions and Determinations
On July 2, 2014, PAPRSA requested an extension of its previous
waivers (Case Nos. RF-022 and RF-031) under 10 CFR 430.27(g) for its
hybrid wine chiller/beverage center basic model, PR5180JKBC pertaining
to appendix A to subpart B of 10 CFR part 430. Because PAPRSA has
elected to utilize Appendix A to Subpart B of Part 430 prior to the
September 15, 2014 effective date to measure the energy consumption of
its new basic hybrid model, testing of the refrigerated beverage
compartment will be conducted at 39 [deg]F as specified in Appendix A,
as opposed to 38 [deg]F as specified in the Appendix A1 test method
under which PAPRSA's waiver hybrid models were previously certified.
DOE is publishing PAPRSA's extension of waiver in its entirety.
DOE granted a similar waiver to PAPRSA through an interim waiver
(78 FR 35894 (June 14, 2013)) and a subsequent Decision and Order (78
FR 57139 (September 17, 2013)) under Case No. RF-031. Additionally, DOE
granted a similar waiver to Sanyo E&E Corporation (Sanyo) through an
interim waiver (77 FR 19654 (April 2, 2012)) and a subsequent Decision
and Order (77 FR 49443 (August 16, 2012)) under Case No. RF-022. On
October 4, 2012, DOE issued a notice of correction to the Decision and
Order incorporating a K factor (correction factor) value of 0.85 when
calculating the energy consumption (77 FR 60688). 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. PAPRSA
submitted a petition for waiver and application for interim 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 sought a waiver from the existing DOE test
procedure applicable to refrigerators and refrigerator-freezers under
10 CFR Part 430 for PAPRSA's hybrid models that consist of single-
cabinet units with 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 PAPRSA model 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 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 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.
To justify the use of this standardized temperature for testing, PAPRSA
stated in its petition that it designed these models to provide an
average temperature of 55 to 57 [deg]F, which it determined is a
commonly recommended temperature for wine storage, suggesting that this
temperature is presumed to be representative of expected consumer use.
77 FR 19656. DOE notes 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.
III. Conclusion
After careful consideration of all the material submitted by
PAPRSA, it is ordered that:
(1) The extension of waiver submitted by the Panasonic Appliances
Refrigeration Systems Corporation of America (Case No. RF-041) is
hereby granted as set forth in the paragraphs below.
(2) PAPRSA shall be required to test and rate the following PAPRSA
model according to the alternate test procedure set forth in paragraph
(3) below:
PR5180JKBC
(3) PAPRSA shall be required to test the products listed in
paragraph (2) above according to the test procedures for electric
refrigerator-freezers prescribed by DOE at 10 CFR part 430, Appendix A,
except that, for the PAPRSA products listed in paragraph (2) only, test
the wine chiller compartment at 55 [deg]F, instead of the prescribed 39
[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. Therefore, the 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 A):
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 (39 [deg]F-TBC1)/(TBC2-
TBC1)].
(4) Representations. PAPRSA may make representations about the
energy use of its hybrid wine chiller/beverage center products for
compliance, marketing, or other purposes only to the extent that such
products have been tested in accordance with the provisions outlined
above and such representations fairly disclose the results of such
testing.
(5) This waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(l).
(6) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify this waiver at any time if it
determines the factual basis underlying the petition for
[[Page 55771]]
waiver is incorrect, or the results from the alternate test procedure
are unrepresentative of the basic models' true energy consumption
characteristics.
(7) This waiver applies only to those basic models set out in
PAPRSA's July 2, 2014 extension of waiver. Granting of this extension
does not release a petitioner from the certification requirements set
forth at 10 CFR part 429.
Issued in Washington, DC, on September 10, 2014.
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: RF-022; RF-301
REQUEST FOR EXTENSION OF WAIVER AND INTERIM WAIVER
Panasonic Appliances Refrigeration Systems Corporation of America
(``PAPRSA'') respectfully submits this Request for Extension of Waiver
and Interim Waiver (``Request'') pursuant to 10 C.F.R. Sec. 430.27(g).
PAPRSA intends to introduce a new basic hybrid wine chiller/beverage
center model (``hybrid model'') listed below that contains the same
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 A and for which PAPRSA received two previous
waivers and interim waivers as a result. As detailed more fully below,
the Department of Energy (``DOE'') has previously granted PAPRSA \1\
two separate waivers from DOE's electric refrigerator and refrigerator-
freezer test procedures for determining the energy consumption of
substantially similar hybrid models in Case Nos. RF-022 and RF-301 (the
``waiver hybrid models'').\2\ PAPRSA has developed a new basic hybrid
model, PR5180JKBC, 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. PAPRSA
therefore respectfully requests that DOE extend the previously granted
waivers and interim waivers to these new basic hybrid models and that
it be permitted to employ the alternative testing method for this new
basic hybrid model that has already been approved by DOE for the waiver
hybrid models.
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\1\ The first waiver granted in Case No. RF-022 was issued to
SANYO E&E Corporation. 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.
\2\ PAPRSA notes at the outset that its waiver hybrid models
were tested and certified by incorporating the standards contained
10 C.F.R. Sec. 430, subpart B, appendix A1 as they relate to the
refrigerated beverage compartment of these single cabinet units. For
the new basic hybrid model, PAPRSA is electing to utilize 10 C.F.R.
Sec. 430, subpart B, appendix A prior to the September 15, 2014
effective date to measure the energy consumption of its new basic
hybrid model.
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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.
On April 29, 2013, PAPRSA submitted a second petition for waiver
and interim waiver for a substantially similar hybrid model, SR5180JBC,
that shares the same design characteristics that led DOE to approve
PAPRSA's June 2, 2011 waiver request. No comments were filed opposing
the relief requested in PAPRSA's second petition for waiver and interim
waiver. On September 17, 2013, DOE again granted PAPRSA a waiver from
DOE's electric refrigerator and refrigerator-freezer test procedures
[[Page 55772]]
for determining the energy consumption of basic hybrid model SR5180JBC.
See Federal Register, Vol. 78, No. 180, 57139-41.
2. Request to Extend Scope of Previously Granted Waivers and Interim
Waivers to New Basic Hybrid Model under Previously Approved Alternative
Testing Procedure
As indicated above, PAPRSA has developed a new basic hybrid model,
PR5180JKBC, that shares the same design characteristics that led DOE to
approve PAPRSA's two prior petitions for waiver. This new basic hybrid
model 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, this new basic hybrid model 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 this new hybrid model at
39 [deg]F is simply not possible and not representative of the energy
consumption characteristics of this new basic hybrid model.
Further, this new basic hybrid model, 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 this new basic
hybrid model and PAPRSA's waiver hybrid models as it impacts this
Request. The design differences between the new basic hybrid model and
the waiver hybrid models are the introduction of a more efficient
compressor and new external electronic controls. Although the new basic
hybrid model will be more energy efficient, the design characteristics
of the new basic hybrid model are the same as the characteristics of
PAPRSA's waiver hybrid models that led DOE to grant the prior two
waivers. Accordingly, PAPRSA respectfully requests that it be permitted
to use the following testing procedure for its new basic hybrid model:
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 A):
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 (39 [deg]F-TBC1)/(TBC2-
TBC1)].\3\
\3\ As a result of electing to utilize Appendix A to Subpart B
of Part 430 prior to the September 15, 2014 effective date to
measure the energy consumption of its new basic hybrid model,
testing of the refrigerated beverage compartment will be conducted
at 39 [deg]F as specified in Appendix A, as opposed to 38 [deg]F as
specified in Appendix A1 and under which PAPRSA's waiver hybrid
models were previously certified.
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Accordingly, PAPRSA respectfully requests that DOE extend the
waivers that DOE previously granted it and that PAPRSA be permitted to
use this approved alternative testing method to test, certify and rate
the new basic hybrid models in the same manner as its waiver hybrid
models subject to the existing waivers.
3. 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
Request, as PAPRSA is simply seeking to test a new basic hybrid model
under the alternative testing procedure already approved twice by DOE
for PAPRSA's other hybrid models subject to the existing waivers. The
new basic hybrid models contain 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); \4\ 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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\4\ Available at http://www.gc.energy.gov/documents/LargeCapacityRCW_guidance_122210.pdf.
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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 the new basic hybrid model to compete with
manufacturers that design their hybrid models in a manner that falls
outside of DOE's jurisdiction.
Thus, given that this Request is likely to be granted and PAPRSA
will face economic hardship unless an interim waiver is granted,
permitting PAPRSA to immediately certify the new basic hybrid model
under the alternative testing method already approved by DOE is in the
public interest.
Respectfully submitted,
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
July 2, 2014
[FR Doc. 2014-22175 Filed 9-16-14; 8:45 am]
BILLING CODE 6450-01-P