Decision and Order Granting a Waiver to Sub-Zero From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 5784-5786 [2012-2564]

Download as PDF 5784 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices design is specific to these higher temperature applications. Very Respectfully, Arnie Stephens Research and Development Manager [FR Doc. 2012–2563 Filed 2–3–12; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–020] Decision and Order Granting a Waiver to Sub-Zero From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Decision and Order. AGENCY: The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. RF–020) that grants to Sub-Zero, Inc. (Sub-Zero) a waiver from the DOE electric refrigerator and refrigerator-freezer test procedures for determining the energy consumption of residential refrigeratorfreezers for the basic models set forth in its petition for waiver. Under today’s decision and order, Sub-Zero shall be required to test and rate its refrigeratorfreezers with dual compressors using an alternate test procedure that takes this technology into account when measuring energy consumption. DATES: This Decision and Order is effective February 6, 2012. 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: Bryan.Berringer@ee.doe.gov. Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–71, 1000 Independence Avenue SW., Washington, DC 20585– 0103, (202) 586–7796, Email: Elizabeth.Kohl@hq.doe.gov. SUMMARY: In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the issuance of its decision and order as set forth below. The decision and order grants Sub-Zero a waiver from the applicable residential refrigerator and refrigerator-freezer test procedures found in 10 CFR part 430, subpart B, appendix A1 for certain basic models of refrigerator-freezers with dual compressors, provided that Sub-Zero mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 tests and rates such products using the alternate test procedure described in this notice. Today’s decision prohibits Sub-Zero from making representations concerning the energy efficiency of these products unless the product has been tested consistent with the provisions and restrictions in the alternate test procedure set forth in the decision and order 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). Issued in Washington, DC, on January 30, 2012. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Decision and Order In the Matter of: Sub-Zero, Inc. (Case No. RF–020) I. Background and Authority Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA), Pub. L. 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 which 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 A1. DOE’s regulations for covered products contain provisions allowing a person to seek a waiver from the test procedure requirements for a particular basic model 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 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 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. Sub-Zero’s Petition for Waiver: Assertions and Determinations On September 6, 2011, Sub-Zero submitted a petition for waiver and application for interim waiver (petition) from the test procedure applicable to residential electric refrigerators and refrigerator-freezers set forth in 10 CFR Part 430, subpart B, appendix A1. SubZero is designing new refrigeratorfreezers 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. DOE did not receive any comments on the Sub-Zero petition. The DOE test procedure for dual compressor systems assumes E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 5785 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 (3) Sub-Zero 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 A1, except that, for the SubZero products listed in paragraph (2) 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: • 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). 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 • 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. VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 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 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\06FEN1.SGM 06FEN1 EN06FE12.005</GPH> (2) Sub-Zero shall be required to test and rate the following Sub-Zero models according to the alternate test procedure set forth in paragraph (3) below. 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 BI36UFD/S/PH BI36UFD/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 Where: mstockstill on DSK4VPTVN1PROD with NOTICES independent, sealed systems, while 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 while accurately measuring the energy consumption of these dual compressor products. III. Consultations with Other Agencies DOE consulted with the Federal Trade Commission (FTC) staff concerning the Sub-Zero petition for waiver. The FTC staff did not have any objections to granting a waiver to Sub-Zero. IV. Conclusion After careful consideration of all the material that was submitted by Sub-Zero and consultation with the FTC staff, it is ordered that: (1) The petition for waiver submitted by the Sub-Zero Inc. (Case No. RF–020) is hereby granted as set forth in the paragraphs below. 5786 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices freezer). The test period also includes the target defrost and following regular freezer compressor cycles, ending at the 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. (4) Representations. Sub-Zero may make representations about the energy use of its dual compressor refrigeratorfreezer 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(m). (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 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 Sub-Zero’s September 6, 2011 petition for waiver. Grant of this waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429. Issued in Washington, DC, on January 30, 2012. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and Renewable Energy [FR Doc. 2012–2564 Filed 2–3–12; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission mstockstill on DSK4VPTVN1PROD with NOTICES [Project No. 14293–000] PacifiCorp; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, Protests, Recommendations, and Terms and Conditions Take notice that the following hydroelectric application has been filed VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 with the Commission and is available for public inspection: a. Type of Application: Conduit Exemption. b. Project No.: 14293–000. c. Date filed: September 27, 2011, and supplemented December 1, 2011, and January 12, 2012. d. Applicant: PacifiCorp. e. Name of Project: Granite Hydroelectric Project. f. Location: The proposed Granite Project would be located on a water supply pipeline in Salt Lake County, Utah. The land on which all the project structures are located is owned by the applicant. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a–825r. h. Applicant Contact: Ms. Eve Davies, PacifiCorp., 1407 West North Temple, Salt Lake City, UT 84116, phone (801) 220–2245. i. FERC Contact: Robert Bell, (202) 502–6062, robert.bell@ferc.gov. j. Status of Environmental Analysis: This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions. k. Deadline for filing responsive documents: Due to the small size of the proposed project, as well as the resource agency consultation letters filed with the application, the 60-day timeframe specified in 18 CFR 4.34(b) for filing all comments, motions to intervene, protests, recommendations, terms and conditions, and prescriptions is shortened to 30 days from the issuance date of this notice. All reply comments filed in response to comments submitted by any resource agency, Indian tribe, or person, must be filed with the Commission within 45 days from the issuance date of this notice. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site under the https://www.ferc.gov/docsfiling/efiling.asp. The Commission strongly encourages electronic filings. The Commission’s Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 l. Description of Project: The Granite Project would consist of: (1) A proposed powerhouse containing one proposed generating unit with an installed capacity of 1,700 kilowatts; and (2) appurtenant facilities. The applicant estimates the project would have an average annual generation of 5.015 gigawatt-hours. m. This filing is available for review and reproduction at the Commission in the Public Reference Room, Room 2A, 888 First Street NE., Washington, DC 20426. The filing may also be viewed on the Web at https://www.ferc.gov/docsfiling/elibrary.asp using the ‘‘eLibrary’’ link. Enter the docket number, P–14293, in the docket number field to access the document. For assistance, call toll-free 1–(866) 208–3676 or email FERCOnlineSupport@ferc.gov. For TTY, call (202) 502–8659. A copy is also available for review and reproduction at the address in item h above. n. Development Application—Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified deadline date for the particular application, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified deadline date for the particular application. Applications for preliminary permits will not be accepted in response to this notice. o. Development Application—Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified deadline date for the particular application, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified deadline date for the particular application. Applications for preliminary permits will not be accepted in response to this notice. p. Protests or Motions to Intervene— Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any protests or motions to intervene must be received E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5784-5786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2564]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-020]


Decision and Order Granting a Waiver to Sub-Zero From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-020) that grants to Sub-Zero, Inc. 
(Sub-Zero) a waiver from the DOE electric refrigerator and 
refrigerator-freezer test procedures for determining the energy 
consumption of residential refrigerator-freezers for the basic models 
set forth in its petition for waiver. Under today's decision and order, 
Sub-Zero shall be required to test and rate its refrigerator-freezers 
with dual compressors using an alternate test procedure that takes this 
technology into account when measuring energy consumption.

DATES: This Decision and Order is effective February 6, 2012.

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: Bryan.Berringer@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., Washington, DC 
20585-0103, (202) 586-7796, Email: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Sub-Zero a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures found in 10 CFR 
part 430, subpart B, appendix A1 for certain basic models of 
refrigerator-freezers with dual compressors, provided that Sub-Zero 
tests and rates such products using the alternate test procedure 
described in this notice. Today's decision prohibits Sub-Zero from 
making representations concerning the energy efficiency of these 
products unless the product has been tested consistent with the 
provisions and restrictions in the alternate test procedure set forth 
in the decision and order 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).

    Issued in Washington, DC, on January 30, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

In the Matter of: Sub-Zero, Inc. (Case No. RF-020)

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Pub. L. 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 which 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 A1.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for a 
particular basic model 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. Sub-Zero's Petition for Waiver: Assertions and Determinations

    On September 6, 2011, Sub-Zero submitted a petition for waiver and 
application for interim waiver (petition) 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. DOE did not receive 
any comments on the Sub-Zero petition.
    The DOE test procedure for dual compressor systems assumes

[[Page 5785]]

independent, sealed systems, while 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 
while accurately measuring the energy consumption of these dual 
compressor products.

III. Consultations with Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Sub-Zero petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Sub-Zero.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Sub-Zero and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the Sub-Zero Inc. (Case 
No. RF-020) is hereby granted as set forth in the paragraphs below.
    (2) Sub-Zero shall be required to test and rate the following Sub-
Zero models according to the alternate test procedure set forth in 
paragraph (3) below.

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
BI36UFD/S/PH
BI36UFD/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

    (3) Sub-Zero 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 
A1, except that, for the Sub-Zero products listed in paragraph (2) 
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] TN06FE12.005

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

[[Page 5786]]

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.
    (4) Representations. Sub-Zero may make representations about the 
energy use of its dual compressor refrigerator-freezer 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(m).
    (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 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 Sub-
Zero's September 6, 2011 petition for waiver. Grant of this waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR part 429.

    Issued in Washington, DC, on January 30, 2012.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and 
Renewable Energy
[FR Doc. 2012-2564 Filed 2-3-12; 8:45 am]
BILLING CODE 6450-01-P