Publication of the Petition for Waiver and Notice of Granting the Application for Interim Waiver of Sub-Zero From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, 71335-71339 [2011-29715]

Download as PDF Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–020] Publication of the Petition for Waiver and Notice of Granting the Application for Interim Waiver of Sub-Zero From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure 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. AGENCY: This notice announces receipt of and publishes the Sub-Zero, Inc. (Sub-Zero) 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 basic models set forth in Sub-Zero’s petition that incorporate dual compressors. In its petition, Sub-Zero provides an alternate test procedure that resolves difficulties in testing dual compressor systems according to the DOE test procedure. DOE solicits comments, data, and information concerning Sub-Zero’s petition and the suggested alternate test procedure. DOE also publishes notice of the grant of an interim waiver to SubZero. DATES: DOE will accept comments, data, and information with respect to the SubZero Petition until, but no later than December 19, 2011. ADDRESSES: You may submit comments, identified by case number ‘‘RF–020,’’ by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: AS_Waiver_Requests@ee.doe.gov. Include the case number [Case No. RF– 020] 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. jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:25 Nov 16, 2011 Jkt 226001 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: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE–2J, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–9611. Email: Michael.Raymond@ee.doe.gov. 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: Elizabeth.Kohl@hq.doe.gov. 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. DOE’s regulations for covered products contain provisions allowing a person to seek a waiver for a particular basic model from the test procedure requirements for covered consumer 1 For editorial reasons, upon codification in the U.S. Code, part B was redesignated part A. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 71335 products 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 representative of its energy consumption characteristics. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) may grant a 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). Any interested person who has submitted a petition for waiver may also file an application for interim waiver of the applicable test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an interim waiver request if it is determined that the applicant will experience economic hardship if the 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 on the petition for waiver. 10 CFR 430.27(g). II. Petition for Waiver of Test Procedure On September 6, 2011, Sub-Zero filed a petition for waiver from the test procedure applicable to residential electric refrigerators and refrigeratorfreezers set forth in 10 CFR part 430, Subpart B, Appendix A1. Sub-Zero is designing new refrigerator-freezers that incorporate dual compressors. In its petition, Sub-Zero seeks a waiver from the existing DOE test procedure applicable to refrigerators and refrigerator-freezers under 10 CFR part 430 for Sub-Zero’s dual compressor products. Sub-Zero states that the test procedure was designed to test independent, sealed systems while SubZero’s dual compressor products have shared systems. Sub-Zero further states that it may not be possible to use the DOE test procedure for these products, or that use of the DOE test procedure would provide inaccurate results. In its petition, Sub-Zero set forth an alternate test procedure developed in conjunction with an independent test laboratory. E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES III. Application for Interim Waiver Sub-Zero also requested an interim waiver from the existing DOE test procedure. Under 10 CFR 430.27(b)(2), each application for interim waiver must demonstrate likely success of the Petition for Waiver and address the economic hardship and/or competitive disadvantage that is likely to result absent a favorable determination on the application for interim waiver.’’ 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. 10 CFR 430.27(g). DOE has determined that Sub-Zero’s application for interim waiver does not provide sufficient market, equipment price, shipments and other manufacturer impact information to permit DOE to evaluate the economic hardship Sub-Zero might experience absent a favorable determination on its application for interim waiver. DOE recognizes, however, that the DOE test procedure for dual compressor systems assumes independent, sealed system and that Sub-Zero dual compressor refrigerators have shared systems. As a result, it is not possible to test these products using the DOE test procedure, and use of the test procedure would provide test results so unrepresentative as to provide materially inaccurate comparative data. Sub-Zero worked with an independent testing laboratory to develop a test procedure that would accurately measure the energy consumption of its dual compressor products while alleviating the testing difficulties, and submitted the results as an alternate test procedure. DOE reviewed the alternate procedure and determined that it will alleviate the testing problems associated with SubZero’s implementation of a dual compressor system. Therefore, it appears likely that Sub-Zero’s petition for waiver will be granted. For the reasons stated above, DOE grants Sub-Zero’s application for interim waiver from testing of its refrigerator-freezer product line VerDate Mar<15>2010 17:25 Nov 16, 2011 Jkt 226001 containing dual compressors. Therefore, it is ordered that: The application for interim waiver filed by Sub-Zero is hereby granted for Sub-Zero’s refrigerator-freezer product lines that incorporate dual compressors subject to the following specifications and conditions: (1) Sub-Zero 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 IV, ‘‘Alternate test procedure.’’ (2) The interim waiver applies to the following basic model groups: 700TCI 700TR 736TCI 736TCIE 736TR 736TRE 30U/O BI–30U/S/PH BI–30U/S/TH BI–30UA/O BI–30UA/S/PH BI–30UA/S/TH BI–30UG/O BI–30UG/S/PH BI–30UG/S/TH BI–36S/O BI–36S/S/PH BI–36S/S/TH BI–36U/O BI–36U/S/PH BI–36U/S/TH BI–36UA/O BI–36UA/S/PH BI–36UA/S/TH BI–36UFD/O BI–36UFD/S/PH BI–36UFD/S/TH BI–36UG/O BI–36UG/S/PH BI–36UG/S/TH BI–42S/O BI–42S/S/PH BI–42S/S/TH BI–42SD/O BI–42SD/S/PH BI–42SD/S/TH BI–42SID/O BI–42SID/S/PH BI–42SID/S/TH BI–48S/O BI–48S/S/PH BI–48S/S/TH BI–48SD/O BI–48SD/S/PH BI–48SD/S/TH PO 00000 Frm 00030 Fmt 4703 Sfmt 4725 BI–48SID/O BI–48SID/S/PH BI–48SID/S/TH ID–36CI IT–27CI IT–30CI IT–30CIID IT–36CI IT–36CIID PRO48 PRO48G PRO48HAG DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not future models that may be manufactured by the petitioner. Sub-Zero 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 grant 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. IV. Alternate Test Procedure For the duration of the interim waiver, Sub-Zero shall be required to 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 SubZero products listed above only, replace the multiple defrost system section 5.2.1.4 of Appendix A1 with the following: 5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The twopart test method in section 4.2.1 must be used, and the energy consumption in kilowatt-hours per day shall be calculated equivalent to: E:\FR\FM\17NON1.SGM 17NON1 EN17NO11.000</GPH> 71336 Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES Where: • 1440 = number of minutes in a day • ET is the test cycle energy (kWh/day); • i is the variable that can equal to 1,2 or more that identifies the compartment with distinct defrost system; • D is the total number of compartments with distinct defrost systems; • 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 EP1 (minutes); • 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. • 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°F (0.6°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°F (0.6°C) of the EP1 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 VerDate Mar<15>2010 17:25 Nov 16, 2011 Jkt 226001 end of a regular freezer compressor oncycle 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. V. Summary and Request for Comments Through today’s notice, DOE grants Sub-Zero an interim waiver from the specified portions of the test procedure applicable to Sub-Zero’s line of refrigerator-freezers with dual compressors and announces receipt of Sub-Zero’s petition for waiver from those same portions of the test procedure. DOE publishes Sub-Zero’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 Sub-Zero’s specified refrigerator-freezers with dual compressors. Sub-Zero 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: Paul V. Sikir, Vice President of Design Engineering, SubZero, Inc., 4717 Hammersley Road, Madison, Wisconsin 53711. 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 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 71337 status of the information and treat it according to its determination. Issued in Washington, DC, on November 8, 2011. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. September 6, 2011 Henry Kelly Energy Efficiency and Renewable Energy Department of Energy 1000 Independence Avenue SW Washington, DC 20585 Dear Assistant Secretary Kelly: Pursuant to 10 CFR 430.27, Sub-Zero respectfully requests expedited attention to this revised request for both an interim and final waiver to modify the DOE test procedure (Test Procedures for Refrigerators, Refrigerator-Freezers, and Freezers (Final Rule and Interim Final Rule), 75 Fed. Reg. 78,810 (Dec. 16, 2010)) for Sub-Zero refrigerators using two compressors. Without this waiver, we are unable to certify new dual compressor models as compliant with Energy Star and/or DOE minimum efficiency standards. Sub-Zero is a family-owned company that has been headquartered in Madison, Wisconsin for over 60 years. Sub-Zero developed the niche market for customized built-in residential refrigeration using dual compressors and manufactures all our products in the United States, with factories in Wisconsin and Arizona. While technically not a ‘‘small business’’ using DOE’s definition, Sub-Zero is a small producer of refrigerators striving to compete in an age of large, multinational manufacturers and is one of the few remaining U.S. companies that produce all of its refrigerator products here in the U.S. In previous comments to the Department, The Association of Home Appliance Manufacturers and individual manufacturers including Sub-Zero urged DOE to consider the technical difficulties imposed by the DOE dual compressor test method. DOE’s approach in the final test procedure is difficult, if not impossible, to apply. In fact, it will require waivers, such as this one, because many products simply do not work the way DOE’s equation assumes. DOE’s approach assumes independent, sealed systems. Sub-Zero dual compressor refrigerators do not have independent, sealed systems—they have shared systems. Thus, DOE’s approach for these products, at best, requires several added measurements to comply (adding burden), and may even provide E:\FR\FM\17NON1.SGM 17NON1 71338 Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices 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 °F (0.6 °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 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 normal compressor cycle. The temperature average for the first and last compressor cycle of the test period must be within 1.0 °F (0.6 °C) of the EP1 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 jlentini on DSK4TPTVN1PROD with NOTICES VerDate Mar<15>2010 17:25 Nov 16, 2011 Jkt 226001 obtaining separate energy use measurements required in the test procedure for dual compressor products. However, as discussed above, neither does the AHAM-proposed approach.’’ Thus, DOE acknowledged problems with the current test procedure but did not believe the AHAM proposal provided an adequate solution. We believe the proposed approach in this waiver petition, developed by CSA International, GE and Sub-Zero, addresses DOE’s concerns. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1 EN17NO11.001</GPH> Issues with the DOE Test Procedure AHAM provided an alternative test procedure in its August 10, 2010 comments on the proposed test procedure rule. DOE responded in 75 Fed. Reg. 78,810 (Dec. 16, 2010): ‘‘After analyzing this alternative proposal for multiple compressors, DOE does not believe that it simplifies testing of systems with two or more compressors. In particular, it does not alleviate the test procedure burden associated with having to separately measure the energy use for the different systems, which is part of the procedure of the current dual-compressor product test procedure. DOE understands that this is a key difficulty in testing such systems since it introduces burden and that, in some cases, it may be impossible to accomplish, depending on the details of the internal wiring of such products * * * DOE acknowledges that this final rule does not eliminate the difficulty of Proposed Modified Dual Compressor Test Procedure The DOE test procedure dual compressor calculation requires the system to be divided into two separate systems—refrigerator and freezer. This is extremely difficult due to the fact that all dual compressor systems use a single power inlet and almost all, including Sub-Zero units, use a single electronic control to control both compressors. Energy testing protocols and laboratory equipment and measurement methods are not capable of evaluating each compressor system separately and individually. Also, the current steady state definition may not be achievable in the dual compressor system due the time required to calculate steady state. We propose a modified procedure to measure dual compressor energy. This method will use a single electrical data collection system which is same as used in any variable defrost unit energy test procedure. Sub-Zero proposes simplifying EP1 to provide an accurate method for measuring energy that is simpler and less burdensome. It will also decrease the testing burden on manufacturers. To ensure accuracy, dual compressor energy times must be of sufficient length to reduce synchronization errors. With dual compressors, a short T1 or T2 may result in a significant error for the system that does not have full compressor cycles represented. Lengthening out these times reduces this effect. To further reduce error, SubZero recommends that the frequency of measurements taken during the testing should be increased. This will reduce synchronization error and is more consistent with test methods being used in manufacturer’s and in third party verification company’s labs. Thus, Sub-Zero requests that DOE modify the multiple defrost system equation in 5.2.1.4 of Appendix A1 as follows: • 1440 = number of minutes in a day • ET is the test cycle energy (kWh/ day); • i is the variable that can equal to 1,2 or more that identifies the compartment with distinct defrost system; • D is the total number of compartments with distinct defrost systems; • 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 EP1 (minutes); • 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. • 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. (rounded to the nearest tenth of an hour) (hours). insurmountable obstacles, leading to test results so misrepresentative as to provide inaccurate energy consumption data. CSA International, which is conducting testing for the AHAM Refrigerator-Freezer Verification Program, has informed us that they also believe that the DOE test procedure is unworkable for our dual compressor refrigerators. The modified test procedure that we propose for DOE’s consideration in this waiver request is the product of analysis by CSA International, Sub-Zero and General Electric Appliances resulting in a practical, accurate and repeatable method. CSA International also intends to submit this modified procedure for adoption by Natural Resources Canada. Since the vast majority of Sub-Zero’s models utilize dual compressors, the company’s future viability is clearly threatened by this situation and we sincerely ask DOE to grant immediate relief. jlentini on DSK4TPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices state run cycles to allow T2i to be at least 24 hours. The test period shall start at the beginning of normal compressor cycle after the previous defrost occurrence (refrigerator or freezer). The test period includes the target defrost and following normal compressor cycles until 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. Affected Models: The basic models of Sub-Zero dual compressor refrigerators affected are: 700TCI 700TR 736TCI 736TCIE 736TR 736TRE BI–30U/O BI–30U/S/PH BI–30U/S/TH BI–30UA/O BI–30UA/S/PH BI–30UA/S/TH BI–30UG/O BI–30UG/S/PH BI–30UG/S/TH BI–36S/O BI–36S/S/PH BI–36S/S/TH BI–36U/O BI–36U/S/PH BI–36U/S/TH BI–36UA/O BI–36UA/S/PH BI–36UA/S/TH BI–36UFD/O BI–36UFD/S/PH BI–36UFD/S/TH BI–36UG/O BI–36UG/S/PH BI–36UG/S/TH BI–42S/O BI–42S/S/PH BI–42S/S/TH BI–42SD/O BI–42SD/S/PH BI–42SD/S/TH BI–42SID/O BI–42SID/S/PH BI–42SID/S/TH BI–48S/O BI–48S/S/PH BI–48S/S/TH BI–48SD/O BI–48SD/S/PH BI–48SD/S/TH BI–48SID/O BI–48SID/S/PH BI–48SID/S/TH VerDate Mar<15>2010 17:25 Nov 16, 2011 Jkt 226001 ID–36CI IT–27CI IT–30CI IT–30CIID IT–36CI IT–36CIID PRO48 PRO48G PRO48HAG In summary, this is a critical issue for our company and we request that DOE expedite the handling of this petition for an interim and final waiver. Sub-Zero would be pleased to discuss this waiver petition with DOE and provide any additional information that the Department might require. We will also notify all manufacturers of domestically marketed refrigerators known to us of this waiver petition by letter. Sincerely, Paul V. Sikir Vice President of Design Engineering Cc: Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency in the Office of Energy Efficiency and Renewable Energy (EERE) [FR Doc. 2011–29715 Filed 11–16–11; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OA–2007–0706; FRL–9493–7] Agency Information Collection Activities; Proposed Collection; Comment Request; State Small Business Stationary Source Technical and Environmental Compliance Assistance Programs (SBTCP) Annual Reporting Form (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on April 30, 2012. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before January 17, 2012. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OA–2007–0706 by one of the following methods: SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 71339 • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: oei.docket@epa.gov. • Fax: (202) 566–9744. • Mail: Environmental Protection Agency (EPA) Docket Center, Office of Environmental Information Docket, Mailcode: (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460]. • Hand Delivery: EPA Docket Center, Office of Environmental Information Docket, EPA West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OA–2007– 0706. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https:// www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. {For additional information about EPA’s public docket visit https:// www.regulations.gov.} FOR FURTHER INFORMATION CONTACT: Angela Suber, Office of Small Business Programs, Mail Code: 1230T, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, E:\FR\FM\17NON1.SGM 17NON1

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[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71335-71339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29715]



[[Page 71335]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-020]


Publication of the Petition for Waiver and Notice of Granting the 
Application for Interim Waiver of Sub-Zero From the Department of 
Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure

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 and publishes the Sub-Zero, 
Inc. (Sub-Zero) 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 basic models set forth in Sub-Zero's petition that incorporate dual 
compressors. In its petition, Sub-Zero provides an alternate test 
procedure that resolves difficulties in testing dual compressor systems 
according to the DOE test procedure. DOE solicits comments, data, and 
information concerning Sub-Zero's petition and the suggested alternate 
test procedure. DOE also publishes notice of the grant of an interim 
waiver to Sub-Zero.

DATES: DOE will accept comments, data, and information with respect to 
the Sub-Zero Petition until, but no later than December 19, 2011.

ADDRESSES: You may submit comments, identified by case number ``RF-
020,'' by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. RF-020] 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: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9611. Email: Michael.Raymond@ee.doe.gov.
    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: Elizabeth.Kohl@hq.doe.gov.

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.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
part B was redesignated part A.
---------------------------------------------------------------------------

    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver for a particular basic model from the test 
procedure requirements for covered consumer products 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 representative of its energy consumption characteristics. 10 CFR 
430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a 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).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the 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 on the petition for waiver. 10 CFR 430.27(g).

II. Petition for Waiver of Test Procedure

    On September 6, 2011, Sub-Zero filed 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. Sub-Zero is designing new refrigerator-freezers that incorporate 
dual compressors. In its petition, Sub-Zero seeks a waiver from the 
existing DOE test procedure applicable to refrigerators and 
refrigerator-freezers under 10 CFR part 430 for Sub-Zero's dual 
compressor products. Sub-Zero states that the test procedure was 
designed to test independent, sealed systems while Sub-Zero's dual 
compressor products have shared systems. Sub-Zero further states that 
it may not be possible to use the DOE test procedure for these 
products, or that use of the DOE test procedure would provide 
inaccurate results. In its petition, Sub-Zero set forth an alternate 
test procedure developed in conjunction with an independent test 
laboratory.

[[Page 71336]]

III. Application for Interim Waiver

    Sub-Zero also requested an interim waiver from the existing DOE 
test procedure. Under 10 CFR 430.27(b)(2), each application for interim 
waiver must demonstrate likely success of the Petition for Waiver and 
address the economic hardship and/or competitive disadvantage that is 
likely to result absent a favorable determination on the application 
for interim waiver.'' 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. 10 CFR 430.27(g).
    DOE has determined that Sub-Zero's application for interim waiver 
does not provide sufficient market, equipment price, shipments and 
other manufacturer impact information to permit DOE to evaluate the 
economic hardship Sub-Zero might experience absent a favorable 
determination on its application for interim waiver. DOE recognizes, 
however, that the DOE test procedure for dual compressor systems 
assumes independent, sealed system and that Sub-Zero dual compressor 
refrigerators have shared systems. As a result, it is not possible to 
test these products using the DOE test procedure, and use of the test 
procedure would provide test results so unrepresentative as to provide 
materially inaccurate comparative data. Sub-Zero worked with an 
independent testing laboratory to develop a test procedure that would 
accurately measure the energy consumption of its dual compressor 
products while alleviating the testing difficulties, and submitted the 
results as an alternate test procedure. DOE reviewed the alternate 
procedure and determined that it will alleviate the testing problems 
associated with Sub-Zero's implementation of a dual compressor system. 
Therefore, it appears likely that Sub-Zero's petition for waiver will 
be granted.
    For the reasons stated above, DOE grants Sub-Zero'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 Sub-Zero is hereby 
granted for Sub-Zero's refrigerator-freezer product lines that 
incorporate dual compressors subject to the following specifications 
and conditions:
    (1) Sub-Zero 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 IV, ``Alternate test 
procedure.''
    (2) The interim waiver applies to the following basic model groups:

700TCI
700TR
736TCI
736TCIE
736TR
736TRE
30U/O
BI-30U/S/PH
BI-30U/S/TH
BI-30UA/O
BI-30UA/S/PH
BI-30UA/S/TH
BI-30UG/O
BI-30UG/S/PH
BI-30UG/S/TH
BI-36S/O
BI-36S/S/PH
BI-36S/S/TH
BI-36U/O
BI-36U/S/PH
BI-36U/S/TH
BI-36UA/O
BI-36UA/S/PH
BI-36UA/S/TH
BI-36UFD/O
BI-36UFD/S/PH
BI-36UFD/S/TH
BI-36UG/O
BI-36UG/S/PH
BI-36UG/S/TH
BI-42S/O
BI-42S/S/PH
BI-42S/S/TH
BI-42SD/O
BI-42SD/S/PH
BI-42SD/S/TH
BI-42SID/O
BI-42SID/S/PH
BI-42SID/S/TH
BI-48S/O
BI-48S/S/PH
BI-48S/S/TH
BI-48SD/O
BI-48SD/S/PH
BI-48SD/S/TH
BI-48SID/O
BI-48SID/S/PH
BI-48SID/S/TH
ID-36CI
IT-27CI
IT-30CI
IT-30CIID
IT-36CI
IT-36CIID
PRO48
PRO48G
PRO48HAG

    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. Sub-Zero 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 grant 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.

IV. Alternate Test Procedure

    For the duration of the interim waiver, Sub-Zero shall be required 
to 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 Sub-Zero 
products listed above only, replace the multiple defrost system section 
5.2.1.4 of Appendix A1 with the following:
    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] TN17NO11.000


[[Page 71337]]


Where:

 1440 = number of minutes in a day
 ET is the test cycle energy (kWh/day);
 i is the variable that can equal to 1,2 or more that 
identifies the compartment with distinct defrost system;
 D is the total number of compartments with distinct defrost 
systems;
 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 EP1 (minutes);
 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.
 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[deg]F (0.6[deg]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[deg]F 
(0.6[deg]C) of the EP1 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.

V. Summary and Request for Comments

    Through today's notice, DOE grants Sub-Zero an interim waiver from 
the specified portions of the test procedure applicable to Sub-Zero's 
line of refrigerator-freezers with dual compressors and announces 
receipt of Sub-Zero's petition for waiver from those same portions of 
the test procedure. DOE publishes Sub-Zero'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 Sub-
Zero's specified refrigerator-freezers with dual compressors. Sub-Zero 
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: Paul V. Sikir, Vice President of Design Engineering, Sub-Zero, 
Inc., 4717 Hammersley Road, Madison, Wisconsin 53711. 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 November 8, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

September 6, 2011

Henry Kelly
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue SW
Washington, DC 20585

Dear Assistant Secretary Kelly:

    Pursuant to 10 CFR 430.27, Sub-Zero respectfully requests expedited 
attention to this revised request for both an interim and final waiver 
to modify the DOE test procedure (Test Procedures for Refrigerators, 
Refrigerator-Freezers, and Freezers (Final Rule and Interim Final 
Rule), 75 Fed. Reg. 78,810 (Dec. 16, 2010)) for Sub-Zero refrigerators 
using two compressors. Without this waiver, we are unable to certify 
new dual compressor models as compliant with Energy Star and/or DOE 
minimum efficiency standards.
    Sub-Zero is a family-owned company that has been headquartered in 
Madison, Wisconsin for over 60 years. Sub-Zero developed the niche 
market for customized built-in residential refrigeration using dual 
compressors and manufactures all our products in the United States, 
with factories in Wisconsin and Arizona. While technically not a 
``small business'' using DOE's definition, Sub-Zero is a small producer 
of refrigerators striving to compete in an age of large, multi-national 
manufacturers and is one of the few remaining U.S. companies that 
produce all of its refrigerator products here in the U.S.
    In previous comments to the Department, The Association of Home 
Appliance Manufacturers and individual manufacturers including Sub-Zero 
urged DOE to consider the technical difficulties imposed by the DOE 
dual compressor test method. DOE's approach in the final test procedure 
is difficult, if not impossible, to apply. In fact, it will require 
waivers, such as this one, because many products simply do not work the 
way DOE's equation assumes. DOE's approach assumes independent, sealed 
systems. Sub-Zero dual compressor refrigerators do not have 
independent, sealed systems--they have shared systems. Thus, DOE's 
approach for these products, at best, requires several added 
measurements to comply (adding burden), and may even provide

[[Page 71338]]

insurmountable obstacles, leading to test results so misrepresentative 
as to provide inaccurate energy consumption data.
    CSA International, which is conducting testing for the AHAM 
Refrigerator-Freezer Verification Program, has informed us that they 
also believe that the DOE test procedure is unworkable for our dual 
compressor refrigerators. The modified test procedure that we propose 
for DOE's consideration in this waiver request is the product of 
analysis by CSA International, Sub-Zero and General Electric Appliances 
resulting in a practical, accurate and repeatable method. CSA 
International also intends to submit this modified procedure for 
adoption by Natural Resources Canada.
    Since the vast majority of Sub-Zero's models utilize dual 
compressors, the company's future viability is clearly threatened by 
this situation and we sincerely ask DOE to grant immediate relief.

Issues with the DOE Test Procedure

    AHAM provided an alternative test procedure in its August 10, 2010 
comments on the proposed test procedure rule. DOE responded in 75 Fed. 
Reg. 78,810 (Dec. 16, 2010): ``After analyzing this alternative 
proposal for multiple compressors, DOE does not believe that it 
simplifies testing of systems with two or more compressors. In 
particular, it does not alleviate the test procedure burden associated 
with having to separately measure the energy use for the different 
systems, which is part of the procedure of the current dual-compressor 
product test procedure. DOE understands that this is a key difficulty 
in testing such systems since it introduces burden and that, in some 
cases, it may be impossible to accomplish, depending on the details of 
the internal wiring of such products * * * DOE acknowledges that this 
final rule does not eliminate the difficulty of obtaining separate 
energy use measurements required in the test procedure for dual 
compressor products. However, as discussed above, neither does the 
AHAM-proposed approach.'' Thus, DOE acknowledged problems with the 
current test procedure but did not believe the AHAM proposal provided 
an adequate solution. We believe the proposed approach in this waiver 
petition, developed by CSA International, GE and Sub-Zero, addresses 
DOE's concerns.

Proposed Modified Dual Compressor Test Procedure

    The DOE test procedure dual compressor calculation requires the 
system to be divided into two separate systems--refrigerator and 
freezer. This is extremely difficult due to the fact that all dual 
compressor systems use a single power inlet and almost all, including 
Sub-Zero units, use a single electronic control to control both 
compressors. Energy testing protocols and laboratory equipment and 
measurement methods are not capable of evaluating each compressor 
system separately and individually. Also, the current steady state 
definition may not be achievable in the dual compressor system due the 
time required to calculate steady state.
    We propose a modified procedure to measure dual compressor energy. 
This method will use a single electrical data collection system which 
is same as used in any variable defrost unit energy test procedure. 
Sub-Zero proposes simplifying EP1 to provide an accurate method for 
measuring energy that is simpler and less burdensome. It will also 
decrease the testing burden on manufacturers. To ensure accuracy, dual 
compressor energy times must be of sufficient length to reduce 
synchronization errors. With dual compressors, a short T1 or T2 may 
result in a significant error for the system that does not have full 
compressor cycles represented. Lengthening out these times reduces this 
effect. To further reduce error, Sub-Zero recommends that the frequency 
of measurements taken during the testing should be increased. This will 
reduce synchronization error and is more consistent with test methods 
being used in manufacturer's and in third party verification company's 
labs.
    Thus, Sub-Zero requests that DOE modify the multiple defrost system 
equation in 5.2.1.4 of Appendix A1 as follows:
     1440 = number of minutes in a day
     ET is the test cycle energy (kWh/day);
     i is the variable that can equal to 1,2 or more that 
identifies the compartment with distinct defrost system;
     D is the total number of compartments with distinct 
defrost systems;
     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 EP1 (minutes);
     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.
     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. 
(rounded to the nearest tenth of an hour) (hours).
[GRAPHIC] [TIFF OMITTED] TN17NO11.001

    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 [deg]F (0.6 [deg]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 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 normal compressor cycle. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0 [deg]F (0.6 
[deg]C) of the EP1 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

[[Page 71339]]

state run cycles to allow T2i to be at least 24 hours. The test period 
shall start at the beginning of normal compressor cycle after the 
previous defrost occurrence (refrigerator or freezer). The test period 
includes the target defrost and following normal compressor cycles 
until 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.
    Affected Models:
    The basic models of Sub-Zero dual compressor refrigerators affected 
are:

700TCI
700TR
736TCI
736TCIE
736TR
736TRE
BI-30U/O
BI-30U/S/PH
BI-30U/S/TH
BI-30UA/O
BI-30UA/S/PH
BI-30UA/S/TH
BI-30UG/O
BI-30UG/S/PH
BI-30UG/S/TH
BI-36S/O
BI-36S/S/PH
BI-36S/S/TH
BI-36U/O
BI-36U/S/PH
BI-36U/S/TH
BI-36UA/O
BI-36UA/S/PH
BI-36UA/S/TH
BI-36UFD/O
BI-36UFD/S/PH
BI-36UFD/S/TH
BI-36UG/O
BI-36UG/S/PH
BI-36UG/S/TH
BI-42S/O
BI-42S/S/PH
BI-42S/S/TH
BI-42SD/O
BI-42SD/S/PH
BI-42SD/S/TH
BI-42SID/O
BI-42SID/S/PH
BI-42SID/S/TH
BI-48S/O
BI-48S/S/PH
BI-48S/S/TH
BI-48SD/O
BI-48SD/S/PH
BI-48SD/S/TH
BI-48SID/O
BI-48SID/S/PH
BI-48SID/S/TH
ID-36CI
IT-27CI
IT-30CI
IT-30CIID
IT-36CI
IT-36CIID
PRO48
PRO48G
PRO48HAG

    In summary, this is a critical issue for our company and we request 
that DOE expedite the handling of this petition for an interim and 
final waiver. Sub-Zero would be pleased to discuss this waiver petition 
with DOE and provide any additional information that the Department 
might require. We will also notify all manufacturers of domestically 
marketed refrigerators known to us of this waiver petition by letter.

Sincerely,

Paul V. Sikir
Vice President of Design Engineering

    Cc: Kathleen Hogan, Deputy Assistant Secretary for Energy 
Efficiency in the Office of Energy Efficiency and Renewable Energy 
(EERE)
[FR Doc. 2011-29715 Filed 11-16-11; 8:45 am]
BILLING CODE 6450-01-P
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