Decision and Order Granting a Waiver to Panasonic Appliances Refrigeration Systems Corporation of America Corporation (PAPRSA) From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 57139-57141 [2013-22582]
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Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices
distributors, private labelers, or vendors,
on which NEMA stated that it agrees
that UL is independent in that it is not
under the control of any such entities,
and that it does not view the fees UL
charges for its certification services as
presenting a conflict with this
requirement. NEMA also pointed out
that in its petition UL incorrectly cited
to requirements for electric motors in 10
CFR 431.17(a)(b), which are not
applicable to small electric motors.3
(Comment response to the published
Notice of Petition, No. 5, pp. 3–4) UL
did not respond to these specific
comments.
Finally, NEMA made a number of
general comments stating its opposition
to the granting of UL’s petition on the
grounds that DOE has not yet
sufficiently established definitions and
certification requirements applicable to
small electric motors. Specifically,
NEMA stated that because DOE has not
yet established in Subpart X to Part 431
definitions for the terms ‘‘certificate of
conformity,’’ ‘‘certification program,’’
and ‘‘certification system’’ as exist in
§ 431.12, DOE has not yet provided a
basis on which to determine whether a
particular certification program should
be recognized. NEMA also pointed out
that the UL referred to the petition as for
‘‘electric motors’’ rather than for ‘‘small
electric motors,’’ which could confuse
the scope of UL’s authority. NEMA
recommended that either UL correct this
aspect of its petition or that DOE specify
that the authority extends only to small
electric motors. NEMA further stated
that, while it opposes the granting of the
petition for these reasons, it supports
the recognition of independent entities
to assist in testing and certification of
small electric motors and opposes any
action that may reduce the options for
certification. In NEMA’s view, UL’s
petition could be reasonably considered
only after the previously stated issues
are addressed. (Comment response to
the published Notice of Petition, No. 5,
pp. 2, 5)
In reviewing NEMA’s comments on
the UL petition, and UL’s responses to
these comments, DOE finds no specific
cause to reject UL’s request for
recognition as a nationally recognized
certification program for small electric
motors. This determination is based
primarily on DOE’s previous recognition
of UL as a nationally recognized
certification program for electric motors,
3 DOE notes that the CFR section UL cited in its
petition addresses the requirements for determining
the efficiency of electric motors. § 431.17(a)
addresses general requirements applicable to all
electric motors, and § 431.17(b) specifies sampling
requirements applicable when a certification
program is not used.
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the sampling and testing requirements
for which are substantially the same. In
regard to NEMA’s specific comments
regarding the requirement for adherence
to UL’s safety testing requirements and
the proposed sampling requirements for
small electric motors, DOE notes that
these requirements are in addition to,
and not in place of, the requirements for
small electric motor testing and
certification and do not represent a
mandatory requirement from DOE’s
perspective. As UL correctly noted,
manufacturers may choose not to
participate in its program, and pursue
certification through another process
that does not involve its prescribed
safety testing or follow-up audit and
verification testing. Thus, a certification
program may have such requirements in
place without conflicting with the basic
DOE requirements for certification. DOE
also notes that such requirements
already exist in UL’s nationally
recognized certification program for
electric motors.
With respect to NEMA’s general
comment that the granting of UL’s
petition at this time would be premature
due to the absence of certain definitions
in subpart X to 10 CFR part 431, while
DOE understands that a need may exist
for greater clarification of certain
aspects of the testing and certification
requirements applicable to small
electric motors, the absence of these
definitions in Subpart X does not in
itself preclude DOE from classifying
UL’s, or any other organization that
presents sufficient documentation,
pursuant to the requirements in
§ 431.447, that demonstrates that its
program is capable of meeting, at a
minimum, the testing and certification
requirements in §§ 431.444 and 431.445.
To the extent DOE finds that any of the
certification requirements for small
electric motors are not sufficiently clear,
DOE will seek to provide further
specificity through a future rulemaking
or through guidance, as appropriate. In
any case, UL or any other certification
program recognized by DOE pursuant to
§ 431.448 must operate its certification
program in conformance with any
specific certifications requirements or
guidance promulgated by DOE.
DOE also notes that NEMA’s comment
regarding the scope of UL’s petition is
correct in that the applicable section for
small electric motors is § 431.445 rather
than the cited requirements in § 431.17.
While DOE declines to reject UL’s
petition solely on this basis, DOE
confirms that the authority granted to
UL under this interim determination
extends only to testing and certification
of small electric motors under subpart X
of 10 CFR part 431.
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57139
The Department hereby announces its
interim determination pursuant to 10
CFR 431.448(d) that UL is classified as
a nationally recognized certification
program for small electric motors, and
will accept comments on this interim
determination until October 17, 2013.
Any person submitting written
comments to DOE with respect to this
interim determination must also, at the
same time, send a copy of such
comments to UL. As provided under
§ 431.448(c), UL may submit to the
Department a written response to any
such comments. After receiving any
such comments and responses, the
Department will issue a final
determination on the UL Petition, in
accordance with § 431.448(e) of 10 CFR
part 431.
Issued in Washington, DC, on September
11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–22569 Filed 9–16–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–031]
Decision and Order Granting a Waiver
to Panasonic Appliances Refrigeration
Systems Corporation of America
Corporation (PAPRSA) 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 its decision
and order (Case No. RF–031) granting
Panasonic Appliances Refrigeration
Systems Corporation of America
(PAPRSA) a waiver from the DOE
electric refrigerator and refrigeratorfreezer 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, PAPRSA
shall be required to test and rate its
hybrid wine chiller/beverage center
basic models using an alternate test
procedure that requires PAPRSA to test
the wine chiller compartment at 55 °F
instead of the prescribed temperature of
38 °F. PAPRSA shall also use the K
factor (correction factor) value of 0.85
SUMMARY:
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57140
Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices
when calculating the energy
consumption.
DATES: This Decision and Order is
effective September 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies Office,
Mailstop EE–2J, 1000 Independence
Avenue SW., Washington, DC 20585–
0121. Telephone: (202) 586–0371,
Email: Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.govmailto:.
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 PAPRSA
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 hybrid wine chiller/beverage
center products, provided that PAPRSA
tests and rates such products using the
alternate test procedure described in
this notice. Today’s decision prohibits
PAPRSA from making representations
concerning the energy efficiency of
these products unless the product has
been tested in a manner consistent with
the provisions and restrictions in the
alternate test procedure set forth in the
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 September
11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
tkelley on DSK3SPTVN1PROD with NOTICES
Decision and Order
In the Matter of:
Panasonic Appliances Refrigeration
Systems Corporation of America
(Case No. RF–031)
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
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17:05 Sep 16, 2013
Jkt 229001
major household appliances, which
includes the residential electric
refrigerators and refrigerator-freezers
that are the focus of this notice.1 Part B
includes definitions, test procedures,
labeling provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. Further, Part B
authorizes the Secretary of Energy to
prescribe test procedures that are
reasonably designed to produce results
that measure energy efficiency, energy
use, or estimated operating costs, and
that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for residential electric
refrigerators and refrigerator-freezers is
set forth in 10 CFR part 430, subpart B,
appendix 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
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.
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).
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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II. PAPRSA’s Petition for Waiver:
Assertions and Determinations
On April 29, 2013, PAPRSA
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. In its
petition, PAPRSA seeks a waiver from
the existing DOE test procedure
applicable to refrigerators and
refrigerator-freezers under 10 CFR Part
430 for PAPRSA’s hybrid models that
consist of single-cabinet units with a
refrigerated beverage compartment in
the top portion and a wine storage
compartment in the bottom of the units.
DOE issued guidance that clarified the
test procedures to be used for hybrid
products such as the PAPRSA models at
issue here: https://www1.eere.energy.gov/
buildings/appliance_standards/
residential/pdfs/refrigerator_definition_
faq.pdf This guidance specifies that
basic models such as the ones PAPRSA
identifies in its petition, which do not
have a separate wine storage
compartment with a separate exterior
door, are to be tested according to the
DOE test procedure in Appendix A1,
with the temperatures specified therein.
PAPRSA asserts that the wine storage
compartment cannot be tested at the
prescribed temperature of 38 °F, because
the minimum compartment temperature
is 45 °F. PAPRSA submitted an alternate
test procedure to account for the energy
consumption of its wine chiller/
beverage centers. That alternate
procedure would test the wine chiller
compartment at 55 °F, instead of the
prescribed 38 °F. To justify the use of
this standardized temperature for
testing, PAPRSA stated in its petition
that it designed these models to provide
an average temperature of 55 to 57 °F,
which it determined is a commonly
recommended temperature for wine
storage, suggesting that this temperature
is presumed to be representative of
expected consumer use. 77 FR 19656.
DOE notes that the test procedures for
wine chillers adopted by the
Association of Home Appliance
Manufacturers (AHAM), California
Energy Commission (CEC), and Natural
Resources Canada all use a standardized
compartment temperature of 55 °F for
wine chiller compartments, which is
consistent with PAPRSA’s approach.
III. Conclusion
After careful consideration of all the
material submitted by PAPRSA, it is
ordered that:
(1) The petition for waiver submitted
by the Panasonic Appliances
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Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
Refrigeration Systems Corporation of
America (Case No. RF–031) is hereby
granted as set forth in the paragraphs
below.
(2) PAPRSA shall be required to test
and rate the following PAPRSA models
according to the alternate test procedure
set forth in paragraph (3) below.
SR5180JBC
JUB24FLARS0*
JUB24FRARS0*
JUB24FRACX0*
(3) PAPRSA shall be required to test
the products listed in paragraph (2)
above according to the test procedures
for electric refrigerator-freezers
prescribed by DOE at 10 CFR part 430,
Appendix A1, except that, for the
PAPRSA products listed in paragraph
(2) only, test the wine chiller
compartment at 55 °F, instead of the
prescribed 38 °F.
PAPRSA shall also use the K factor
(correction factor) value of 0.85 when
calculating the energy consumption of
one of the models listed above.
Therefore, the energy consumption is
defined by the higher of the two values
calculated by the following two
formulas (according to 10 CFR part 430,
subpart B, Appendix A1):
Energy consumption of the wine
compartment:
EWine = ET1 + [(ET2–ET1) × (55 °F–
TW1)/(TW2–TW1)] *0.85
Energy consumption of the
refrigerated beverage compartment:
EBeverage Compartment = ET1 + [(ET2–
ET1) × (38 °F–TBC1)/(TBC2–
TBC1)].
(4) Representations. PAPRSA may
make representations about the energy
use of its hybrid wine chiller/beverage
center products for compliance,
marketing, or other purposes only to the
extent that such products have been
tested in accordance with the provisions
outlined above and such representations
fairly disclose the results of such
testing.
(5) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27(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 PAPRSA’s April
29, 2013 petition for waiver. Grant of
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this waiver does not release a petitioner
from the certification requirements set
forth at 10 CFR part 429.
Issued in Washington, DC, on
September 11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and
Renewable. Energy.
[FR Doc. 2013–22582 Filed 9–16–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–032]
Notice of Petition for Waiver of
Samsung Electronics America, Inc.
From the Department of Energy
Residential Refrigerator and
Refrigerator-Freezer Test Procedure,
and Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
AGENCY:
This notice announces receipt
of a petition for waiver from Samsung
Electronics America, Inc. (Samsung)
regarding specified portions of the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of electric refrigerators
and refrigerator-freezers. In its petition,
Samsung provides an alternate test
procedure that is the same as the test
procedure DOE published in a final rule
setting out testing requirements for
manufacturers to follow starting in
2014. DOE solicits comments, data, and
information concerning Samsung’s
petition and the suggested alternate test
procedure. Today’s notice also grants
Samsung an interim waiver from the
electric refrigerator and refrigeratorfreezer test procedure, subject to use of
the alternative test procedure set forth
in this notice.
DATES: DOE will accept comments, data,
and information with respect to the
Samsung Petition until October 17,
2013.
ADDRESSES: You may submit comments,
identified by case number ‘‘RF–032,’’ 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–032) in the subject line of
the message.
SUMMARY:
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57141
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Office, 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 Office, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
• Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza SW., Washington, DC, 20024;
(202) 586–2945, between 9:00 a.m. and
4:00 p.m., Monday through Friday,
except Federal holidays. Available
documents include the following items:
(1) This notice; (2) public comments
received; (3) the petition for waiver and
application for interim waiver; and (4)
prior DOE waivers and rulemakings
regarding similar refrigerator-freezer
products. Please call Ms. Brenda
Edwards at the above telephone number
for additional information.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies Office,
Mail Stop EE–2J, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@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
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
E:\FR\FM\17SEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Pages 57139-57141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22582]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-031]
Decision and Order Granting a Waiver to Panasonic Appliances
Refrigeration Systems Corporation of America Corporation (PAPRSA) 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 its
decision and order (Case No. RF-031) granting Panasonic Appliances
Refrigeration Systems Corporation of America (PAPRSA) 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, PAPRSA shall be required to test and rate
its hybrid wine chiller/beverage center basic models using an alternate
test procedure that requires PAPRSA to test the wine chiller
compartment at 55 [deg]F instead of the prescribed temperature of 38
[deg]F. PAPRSA shall also use the K factor (correction factor) value of
0.85
[[Page 57140]]
when calculating the energy consumption.
DATES: This Decision and Order is effective September 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies
Office, Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 586-0371, Email:
Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
Michael.Kido@hq.doe.govmailto:.
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 PAPRSA 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 hybrid
wine chiller/beverage center products, provided that PAPRSA tests and
rates such products using the alternate test procedure described in
this notice. Today's decision prohibits PAPRSA from making
representations concerning the energy efficiency of these products
unless the product has been tested in a manner consistent with the
provisions and restrictions in the alternate test procedure set forth
in the 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 September 11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of:
Panasonic Appliances Refrigeration Systems Corporation of America
(Case No. RF-031)
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified)
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes
definitions, test procedures, labeling provisions, energy conservation
standards, and the authority to require information and reports from
manufacturers. Further, Part B authorizes the Secretary of Energy to
prescribe test procedures that are reasonably designed to produce
results that measure energy efficiency, energy use, or estimated
operating costs, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for residential electric
refrigerators and refrigerator-freezers is set forth in 10 CFR part
430, subpart B, appendix 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.
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. PAPRSA's Petition for Waiver: Assertions and Determinations
On April 29, 2013, PAPRSA 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. In its
petition, PAPRSA seeks a waiver from the existing DOE test procedure
applicable to refrigerators and refrigerator-freezers under 10 CFR Part
430 for PAPRSA's hybrid models that consist of single-cabinet units
with a refrigerated beverage compartment in the top portion and a wine
storage compartment in the bottom of the units. DOE issued guidance
that clarified the test procedures to be used for hybrid products such
as the PAPRSA models at issue here: https://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf This guidance specifies that basic models such as
the ones PAPRSA identifies in its petition, which do not have a
separate wine storage compartment with a separate exterior door, are to
be tested according to the DOE test procedure in Appendix A1, with the
temperatures specified therein. PAPRSA asserts that the wine storage
compartment cannot be tested at the prescribed temperature of 38
[deg]F, because the minimum compartment temperature is 45 [deg]F.
PAPRSA submitted an alternate test procedure to account for the energy
consumption of its wine chiller/beverage centers. That alternate
procedure would test the wine chiller compartment at 55 [deg]F, instead
of the prescribed 38 [deg]F. To justify the use of this standardized
temperature for testing, PAPRSA stated in its petition that it designed
these models to provide an average temperature of 55 to 57 [deg]F,
which it determined is a commonly recommended temperature for wine
storage, suggesting that this temperature is presumed to be
representative of expected consumer use. 77 FR 19656. DOE notes that
the test procedures for wine chillers adopted by the Association of
Home Appliance Manufacturers (AHAM), California Energy Commission
(CEC), and Natural Resources Canada all use a standardized compartment
temperature of 55 [deg]F for wine chiller compartments, which is
consistent with PAPRSA's approach.
III. Conclusion
After careful consideration of all the material submitted by
PAPRSA, it is ordered that:
(1) The petition for waiver submitted by the Panasonic Appliances
[[Page 57141]]
Refrigeration Systems Corporation of America (Case No. RF-031) is
hereby granted as set forth in the paragraphs below.
(2) PAPRSA shall be required to test and rate the following PAPRSA
models according to the alternate test procedure set forth in paragraph
(3) below.
SR5180JBC
JUB24FLARS0*
JUB24FRARS0*
JUB24FRACX0*
(3) PAPRSA shall be required to test the products listed in
paragraph (2) above according to the test procedures for electric
refrigerator-freezers prescribed by DOE at 10 CFR part 430, Appendix
A1, except that, for the PAPRSA products listed in paragraph (2) only,
test the wine chiller compartment at 55 [deg]F, instead of the
prescribed 38 [deg]F.
PAPRSA shall also use the K factor (correction factor) value of
0.85 when calculating the energy consumption of one of the models
listed above. Therefore, the energy consumption is defined by the
higher of the two values calculated by the following two formulas
(according to 10 CFR part 430, subpart B, Appendix A1):
Energy consumption of the wine compartment:
EWine = ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)] *0.85
Energy consumption of the refrigerated beverage compartment:
EBeverage Compartment = ET1 + [(ET2-ET1) x (38 [deg]F-TBC1)/(TBC2-
TBC1)].
(4) Representations. PAPRSA may make representations about the
energy use of its hybrid wine chiller/beverage center products for
compliance, marketing, or other purposes only to the extent that such
products have been tested in accordance with the provisions outlined
above and such representations fairly disclose the results of such
testing.
(5) This waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(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
PAPRSA's April 29, 2013 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 September 11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable. Energy.
[FR Doc. 2013-22582 Filed 9-16-13; 8:45 am]
BILLING CODE 6450-01-P
