Notice of Interim Waiver and Request for Waiver to AGA Marvel From the Department of Energy Refrigerator and Refrigerator-Freezer Test Procedures, 41531-41535 [2016-15142]
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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–045]
Notice of Interim Waiver and Request
for Waiver to AGA Marvel From the
Department of Energy Refrigerator and
Refrigerator-Freezer Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
AGENCY:
Notice of granting of interim
waiver; notice of request for waiver;
request for public comment.
ACTION:
This notice announces receipt
of a petition for waiver from AGA
Marvel seeking an exemption from
specified portions of the U.S.
Department of Energy (‘‘DOE’’) test
procedure for determining the energy
consumption of electric refrigerators
and refrigerator-freezers. AGA Marvel
seeks to apply an alternative test
procedure for measuring the energy
usage of combination cooler-refrigerator
basic models. DOE has reviewed AGA
Marvel’s alternate procedure. Rather
than permit the use of this alternative
procedure, which would effectively
alter both the test procedure and the
standard that AGA Marvel’s products
would need to meet, DOE has
tentatively concluded that it is more
appropriate to apply the alternative
procedure that other manufacturers of
similar products have been permitted to
use in prior waivers granted by DOE.
This approach would allow AGA
Marvel to measure the energy use of its
products while alleviating the testing
problems that prompted AGA Marvel’s
request. Accordingly, DOE is granting to
AGA Marvel an interim waiver to
permit it to use this alternative testing
method to measure the energy usage of
its combination cooler-refrigerator basic
models. DOE notes that the method
detailed in this interim waiver is
consistent with the most recent
approach that DOE outlined in an
interim waiver issued earlier this year
for other similar products. DOE solicits
comments, data, and information
concerning AGA Marvel’s petition and
suggestions on the alternate test
procedure DOE is permitting AGA
Marvel to use as a condition of its
interim waiver.
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SUMMARY:
DOE will accept comments, data,
and information with regard to the
proposed modification until July 27,
2016.
DATES:
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You may submit comments,
identified by Case Number RF–045, 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 [Case No. RF–043] in
the subject line of the message. Submit
electronic comments in Microsoft Word
or PDF file format, and avoid the use of
special characters or any form of
encryption.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–5B/
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., Room 6094,
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 clothes washer
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
Program, Mailstop EE–5B, 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–33, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On
January 26, 2016, AGA Marvel
submitted a petition for waiver and
application for interim waiver under 10
CFR 430.27 for its combination coolerrefrigerator models. (A subsequent email
from AGA Marvel sent on March 9,
2016, identified the specific basic
models addressed in its petition.) AGA
Marvel’s submission seeks to use an
ADDRESSES:
DEPARTMENT OF ENERGY
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alternative to the test procedure found
at appendix A to subpart B of 10 CFR
part 430. The basic models at issue
incorporate wine chiller/beverage
compartments (referred to as cooler
compartments) that prevent the
manufacturer from testing these
products in accordance with the
applicable test procedure in appendix
A. Specifically, the cooler
compartments operate at temperatures
higher than the standardized
compartment temperatures used for
testing in appendix A. Accordingly,
these basic models cannot be rated
based on the test procedure in appendix
A. DOE is granting AGA Marvel with an
interim waiver but modifying the
alternative testing method approach
outlined in AGA Marvel’s petition to
ensure consistency with the approach
outlined in a recently issued interim
waiver issued for similar products.
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 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 electric refrigerators and
refrigerator-freezers is set forth in 10
CFR part 430, subpart B, appendix A.
DOE’s regulations allow a person to
seek a waiver from the test procedure
requirements for a particular basic
model of a type of covered consumer
product when (1) the petitioner’s basic
model for which the petition for waiver
was submitted contains one or more
design characteristics that prevent
testing according to the prescribed test
procedure, or (2) when the prescribed
test procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(a)(1). A petitioner must include
1 For editorial reasons, part B of EPCA was
codified as part A in the U.S. Code.
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in its 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 granting of a waiver is subject to
conditions, including adherence to
alternate test procedures. 10 CFR
430.27(f)(2). As soon as practicable after
the granting of any waiver, DOE will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. As
soon thereafter as practicable, DOE will
publish in the Federal Register a final
rule. 10 CFR 430.27(l). The waiver
process also allows the granting of an
interim waiver from test procedure
requirements to manufacturers that have
petitioned DOE for a waiver of such
prescribed test procedures upon a
finding that it appears likely that the
petition for waiver will be granted and/
or if DOE 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(e). Within one
year of issuance of an interim waiver,
DOE will either: (i) Publish in the
Federal Register a determination on the
petition for waiver; or (ii) Publish in the
Federal Register a new or amended test
procedure that addresses the issues
presented in the waiver. 10 CFR
430.27(h)(1).
A petitioner may request that DOE
extend the scope of a waiver or an
interim waiver to include additional
basic models employing the same
technology as the basic model(s) set
forth in the original petition. DOE will
publish any such extension in the
Federal Register. 10 CFR 430.27(g).
II. Application for Interim Waiver and
Petition for Waiver
By letter dated January 26, 2016, AGA
Marvel submitted a petition for waiver
and application for interim waiver
under 10 CFR 430.27(a) for 12 basic
models of combination coolerrefrigerators that are required to be
tested using the test procedure detailed
at appendix A to subpart B of 10 CFR
part 430. AGA Marvel supplemented its
filing with a March 9, 2016, email
identifying the basic models. Appendix
A requires measuring the energy
consumption of refrigerators using a
standardized compartment temperature
of 39 degrees Fahrenheit (°F), a
temperature which AGA Marvel’s
products are not capable of achieving in
all compartments. As a result, AGA
Marvel seeks a waiver to appendix A’s
procedure to apply a standardized
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compartment temperature of 55 °F to the
cooler compartments within its
products. These compartments maintain
a higher temperature typical for storing
beverages. AGA Marvel also requested
that the products be tested with a 0.55
usage factor, rather than with no usage
factor as required according to appendix
A, which is consistent with the test
procedure approach recommended by
the Miscellaneous Refrigeration
Products (‘‘MREF’’) Working Group. The
Working Group’s approach, which was
developed during a recent negotiated
rulemaking, is detailed in the relevant
October 20, 2015, Term Sheet (‘‘Term
Sheet #1’’).2
DOE notes that it previously granted
a similar waiver to Panasonic
Appliances Refrigeration Systems
Corporation of America (‘‘PAPRSA’’)
through an interim waiver (78 FR 35894
(June 14, 2013)) and a subsequent
Decision and Order (78 FR 57139
(September 17, 2013)) under Case No.
RF–031. DOE also granted an extension
of waiver (79 FR 55769 (September 17,
2014)) to PAPRSA under Case No. RF–
041. Additionally, DOE granted a
similar waiver to Sanyo E&E
Corporation (‘‘Sanyo’’) through an
interim waiver (77 FR 19654 (April 2,
2012)) and a subsequent Decision and
Order (77 FR 49443 (August 16, 2012))
under Case No. RF–022. On October 4,
2012, DOE issued a notice of correction
to the Decision and Order incorporating
a K-factor (correction factor) value of
0.85 when calculating the energy
consumption (77 FR 60688). Sanyo E&E
Corporation has since changed its
corporate name to Panasonic
Appliances Refrigeration Systems
Corporation of America, meaning that it
is the same manufacturer to which DOE
granted the August 2012 waiver. More
recently, DOE became aware of minor
issues with regard to the equations
detailed in the prior waiver decisions.
On January 26, 2016, DOE issued a
proposed modification of its prior
waivers and granted PAPRSA with an
interim waiver (81 FR 4270) under Case
No. RF–043 to correct the known issues.
AGA Marvel’s petition for waiver
included an alternate test procedure to
account for the energy consumption of
its combination cooler-refrigerator
products. Specifically, it proposed using
the test procedure for combination
cooler refrigeration products detailed in
the MREF Working Group’s Term Sheet
#1 noted earlier. In AGA Marvel’s view,
the Working Group’s test procedure
2 See docket ID EERE–2011–BT–STD–0043 on
regulations.gov for information on the MREF
Working Group. Document 113 (Term Sheet #1)
within that docket includes the Working Group’s
recommended test procedures.
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calculations, when compared with the
current DOE test procedure’s
calculations, are the most representative
of the annual energy usage of its
combination cooler refrigeration
products. However, DOE’s recent notice
detailing a modified version of the
calculation method used to measure and
rate the energy use of products similar
to AGA Marvel’s combination coolerrefrigerators provides a simpler and
equitable solution to the problems
identified in AGA Marvel’s petition. See
81 FR 4270 (proposal to modify
PAPRSA’s alternative test method for
combination cooler refrigeration
products). Accordingly, applying the
test method outlined in the recent
PAPRSA interim waiver to determine
compliance with the existing
refrigerator standards would follow an
already-established approach and help
ensure consistency when testing similar
products.
AGA Marvel also requests an interim
waiver from the existing DOE test
procedure. An interim waiver may be
granted if it appears likely that the
petition for waiver will be granted, and/
or if DOE determines that it would be
desirable for public policy reasons to
grant immediate relief pending a
determination of the petition for waiver.
See 10 CFR 430.27(e)(2).
DOE understands that absent an
interim waiver, AGA Marvel’s products
cannot be tested and rated for energy
consumption on a basis representative
of their true energy consumption
characteristics. DOE has reviewed the
alternate procedure offered by AGA
Marvel and concludes that whatever
procedure AGA Marvel uses should be
consistent with the approach taken with
similar interim waivers that have been
granted to other manufacturers to allow
for the accurate measurement of the
energy use of these products, while
alleviating the testing problems that
prompted AGA Marvel’s request.
Consequently, while DOE has
determined that AGA Marvel’s petition
for waiver will likely be granted, based
on similar waivers that have been
granted in the past, in DOE’s view, the
alternate test procedure used by AGA
Marvel should be consistent with the
approach permitted by DOE for other
manufacturers with similar products.
Accordingly, DOE, is granting AGA
Marvel an interim waiver based on the
modified test approach detailed in
Section III of this document. In addition
to the revised test procedure, DOE
clarifies in this document the specific
basic models that would be tested under
the alternate approach.
Under the interim waiver, the
alternate test procedure must be used,
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going forward, with respect to all of the
basic models AGA Marvel identified in
the collective portions of its petition.
These models are listed in the following
section.
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III. Conclusion
Therefore, DOE has issued an Order,
stating:
After careful consideration of all the
material submitted by AGA Marvel in
this matter, DOE grants an interim
waiver regarding 12 basic models
identified below. Accordingly, it is
ORDERED that:
(1) AGA Marvel must, going forward,
test and rate the following AGA Marvel
basic models as set forth in paragraph
(2) below.
Basic models under the MARVEL
brand:
ML24WBG***1
ML24WBF***1
ML24WBS***1
ML24WBP***1
Basic models under the MARVEL
Outdoor brand:
MO24WBG***1
MO24WBF***1
MO24WBS***1
MO24WBP***1
Basic models under the MARVEL
Professional brand:
MP24WBG***1
MP24WBF***1
MP24WBS***1
MP24WBP***1
Where (*) represents a character in
the model number that corresponds to
door swing, door style, color, or
marketing features and has no impact on
the number of compartments,
compartment function, product class, or
test method.
(2) The applicable method of test for
the AGA Marvel basic models listed in
paragraph (1) is the test procedure for
electric refrigerator-freezers prescribed
by DOE at 10 CFR part 430, appendix
A, except that the test temperature for
the ‘‘cooler compartment’’ (i.e., the
compartment designed to store wine or
other beverages) is 55 °F, instead of the
prescribed 39 °F.
The K-factor (i.e., correction factor)
value is 0.85. The test must include
(where applicable) the icemaking energy
usage as defined in 10 CFR part 430,
subpart B, appendix A, sec. 6.2.2.1.
Therefore, the energy consumption is
defined by:
If compartment temperatures are
below their respective standardized
temperatures for both test settings
(according to 10 CFR part 430, subpart
B, appendix A, sec. 6.2.2.1):
E = (ET1 × 0.85) + IET.
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If compartment temperatures are not
below their respective standardized
temperatures for both test settings, the
higher of the two values calculated by
the following two formulas (according
to 10 CFR part 430, subpart B, appendix
A, sec. 6.2.2.2):
Energy consumption of the ‘‘cooler
compartment’’:
ECooler Compartment = (ET1 +
[(ET2¥ET1) × (55 °F¥TW1)/
(TW2¥TW1)]) *0.85 + IET.
Energy consumption of the ‘‘fresh
food compartment’’:
EFreshFood Compartment = (ET1 +
[(ET2¥ET1) × (39 °F¥TBC1)/
(TBC2¥TBC1)]) *0.85 + IET.
If the optional test for models with
two compartments and user operable
controls is used (according to 10 CFR
part 430, subpart B, appendix A, sec.
6.2.2.3):
E = (Ex × 0.85) + IET.
(3) Representations. AGA Marvel may
make representations about the energy
use of its combination coolerrefrigerator products for compliance,
marketing, or other purposes only to the
extent that such products have been
tested in accordance with the provisions
set forth above and such representations
fairly disclose the results of such testing
in accordance with 10 CFR 429.14(a).
(4) This interim waiver shall remain
in effect consistent with the provisions
of 10 CFR 430.27(h), (k), and (l).
(5) This interim 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.
(6) Granting of this interim waiver
does not release AGA Marvel from the
certification requirements set forth at 10
CFR part 429.
IV. Summary and Request for
Comments
Through this notice, DOE has granted
AGA Marvel an interim waiver from the
specified portions of the test procedure
for certain basic models of AGA Marvel
combination cooler-refrigerators and
announces receipt of AGA Marvel’s
request for petition of waiver from those
same portions of the test procedure.
DOE is publishing AGA Marvel’s
request for a petition of waiver in its
entirety pursuant to 10 CFR
430.27(b)(1)(iv). The petition contains
no confidential information. The
petition includes a suggested alternate
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41533
test procedure to determine the energy
consumption of AGA Marvel’s specified
combination cooler-refrigerators. AGA
Marvel is required to follow this
alternate procedure, as modified in
Section III of this document, as a
condition of its interim waiver. DOE
will consider the continued use of this
procedure in its subsequent Decision
and Order.
DOE solicits comments from
interested parties on all aspects of the
petition, including the suggested
alternate test procedure and calculation
methodology. Pursuant to 10 CFR
430.27(d), any person submitting
written comments to DOE must also
send a copy of such comments to the
petitioner. The contact information for
the petitioner is Joshua Ambrose,
Project Engineer, AGA Marvel, 1260 E.
VanDeinse St., Greenville, MI 48838. All
comment submissions to DOE must
include the Case Number RF–045 for
this proceeding. Submit electronic
comments in 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).
Issued in Washington, DC, on June 16,
2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
January 26, 2016
U.S. Department of Energy
Building Technologies Office
Office of Energy Efficiency and Renewable
Energy
1000 Independence Avenue SW
Washington, DC 20585–0121
To whom it may concern:
Pursuant to 10 CFR 430.27, AGA Marvel
respectfully submits this Petition for Waiver
and application for Interim Waiver for AGA
Marvel combination cooler refrigerator
models on the grounds that the affected
models listed below contain one or more
design characteristics that prevent testing of
the basic model according to the test
procedures prescribed in 10 CFR 430, subpart
B, appendix A. Without this waiver, AGA
Marvel is unable to certify models as
compliant with 2014 DOE energy
conservation standards. This request is
similar to past petitions for waivers that have
been granted by DOE to Sub-Zero (80 FR
7854), PAPRSA (78 FR 35894), and Sanyo (77
FR 49443), who make similar combination
cooler refrigerator products.
10 CFR 430.27 states: ‘‘DOE will grant a
waiver from the test procedure requirements
if DOE determines either the basic model(s)
for which the waiver was requested contains
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a design characteristic which either prevents
testing of the basic model according to the
prescribed test procedures, or the prescribed
test procedures may evaluate the basic model
in a manner so unrepresentative of its true
energy consumption characteristics as to
provide materially inaccurate comparative
data.’’ AGA Marvel requests that the DOE
grant this petition on both grounds.
In November 2011, the DOE began a
process to consider whether to include as
covered products, and establish energy
conservation standards for certain types of
refrigeration products, that largely fall
outside of DOE’s regulations pertaining to
refrigerators, refrigerator-freezers, and
freezers. To help better inform its potential
regulation of these items, DOE established a
negotiated rulemaking Working Group that
would operate under the Appliance
Standards and Rulemaking Federal Advisory
Committee (ASRAC) with the purpose of
exploring possible energy efficiency
requirements for Miscellaneous Refrigeration
Products (MREFs) (80 FR 17355). The
Working Group ultimately reached consensus
among its members on a variety of issues,
including the potential scope of coverage,
applicable definitions, test procedure details,
and energy conservation standards that
would apply to these products and compiled
these recommendations into a term sheet for
consideration by ASRAC (EERE–2011–BT–
STD–0043).
In granting the most recent petition to SubZero, DOE confirmed the previous rulings for
Sanyo, and PAPRSA, that cooler
compartments cannot be tested at the
prescribed temperature of 39 °F because the
minimum compartment temperature is
higher than the standardized temperature of
39 °F. The Working Group has defined a
cooler compartment as, ‘‘a refrigerated
compartment designed exclusively for wine
or other beverages within a consumer
refrigeration product that is capable of
maintaining compartment temperatures
either (a) no lower than 39 °F (3.9 °C), or (b)
in a range that extends no lower than 37 °F
(2.8 °C) but at least as high as 60 °F (15.6 °C)
as determined according to § 429.14(d)(2) or
§ 429.61(d)(2).’’
The alternate test procedure used in all
three previous waivers (originally submitted
by Sanyo), accounts for the energy
consumption of combination cooler
refrigerator models. The procedure tests the
wine storage compartment at 55 °F, instead of
the prescribed 39 °F. 55 °F is presumed to be
representative of expected consumer use, as
it is the ideal long-term storage temperature
for both red and white wine. 55 °F is also
used in the test procedures for wine products
adopted by the Association of Home
Appliance Manufacturers (AHAM),
California Energy Commission (CEC), and
Natural Resources Canada (NRCan).
The test procedure recommended by the
MREF Working Group is slightly modified
from the test procedure used in the previous
waivers, and has been agreed to in the final
ASRAC Miscellaneous Refrigeration Products
Term Sheet dated October 20, 2015.
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Affected Models
The basic models affected that are
manufactured by AGA Marvel use the
following model number layout:
*WB∧
Where:
WB—Represents the model platform, which
corresponds to Dual-Zone Wine/
Beverage Center (combination cooler
refrigerator) containing exactly one
cooler compartment and one refrigerator
compartment.
(*)—Represents characters in the model
number that correspond to brand and
width
(∧)—Represents characters in the model
number that correspond door swing,
door style, color, and marketing features.
The * and ∧ characters have no impact on
the number of compartments, compartment
function, product class, or test method.
Design Characteristics Dictating a Waiver
AGA Marvel is requesting a waiver to the
test procedures for its combination cooler/
refrigerator models that consist of one
refrigerated storage compartment and one
cooler compartment. The DOE considers
combination cooler/refrigerator models as
covered products to be tested according to
DOE test procedures for All-Refrigerators
prescribed in 10 CFR 430, subpart B,
appendix A. The test conditions specify that
energy consumption is to be determined
using the fresh food compartment
standardized temperature of 39 °F for both
compartments.
It is not possible to test and rate these
combination models under the existing
testing procedures, as the cooler
compartment of these models is not designed
for, nor capable of meeting the standardized
temperature of 39 °F. AGA Marvel has
designed the cooler compartments of its
products to achieve a temperature range ideal
for wine storage, with the coldest
temperature setting for the compartment
being above 39 °F. Also, the current testing
requirements do not measure energy usage in
a manner that truly represents the energyconsumption characteristics of these
products.
AGA Marvel requests an interim waiver
until a waiver for the affected models is
granted or a final ruling is made on the
energy efficiency requirements and test
procedures for this combination cooler
refrigeration product under the MREF DOE
ruling. It is essential that an interim waiver
is granted, as AGA Marvel has planned sales
volumes for the affected models in the
annual budget, with a planned launch date
of 3rd quarter of 2016.
Proposed Modified Test Procedure
AGA Marvel proposes to use the test
procedure for combination cooler
refrigeration products, listed in ASRAC
Miscellaneous Refrigeration Products Term
Sheet dated October 20, 2015, as the
calculations are most representative of AGA
Marvel’s combination product annual energy
usage. The affected basic models are defined
as ‘‘cooler-all refrigerators’’ in Appendix 2 of
the Term Sheet, as the basic models have one
cooler compartment and one refrigerator
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compartment capable of maintaining
compartment temperatures above 32 °F (0 °C)
and below 39 °F (3.9 °C).
In section 4 subpart 4.2 of the Term Sheet,
‘‘The working group recommends product
classes for combination cooler refrigeration
products that are analogous to the 2014
refrigerator, refrigerator-freezer, and freezer
product classes. A product would be
classified into a product class of combination
cooler refrigeration product based on how the
product would be classified without a cooler
compartment.’’ Without a cooler
compartment, the affected basic models are
covered by the 13A standard (Compact AllRefrigerator—Automatic Defrost).
Appendix 3 subpart 3.2 of the Term Sheet
states the test shall use a standardized
temperature of 39 °F for the fresh food
compartment and a standardized temperature
of 55 °F for the cooler compartment. The test
sequence follows the same test sequence for
all-refrigerators in 10 CFR 430, subpart B,
appendix A.
Appendix 3 subpart 5.2.1.1 of the Term
Sheet defines the energy consumption in
kilowatt-hours per day as:
ET = (EP × 1440 × K)/T
Where:
K = dimensionless correction factor of 0.55
for combination cooler refrigeration
products to adjust for average household
usage.
Appendix 3 subpart 6.2.4.2 of the Term
Sheet defines the average per-cycle energy
consumption as the higher of the two values
calculated by the following two formulas:
Energy consumption of the wine
compartment:
E Cooler = (ET1 + [(ET2¥ET1) ×
(55 °F¥TC1)/(TC2¥TC1)]) + IET
Energy consumption of the refrigerated
beverage compartment:
E Fresh Food = ET1 + [(ET2¥ET1) ×
(39 °F¥TR1)/(TR2¥TR1)] + IET
Where:
IET equals 0 for all products without an
automatic icemaker.
Combination refrigerator coolers are
currently certified to the 2014 DOE Energy
Consumption Standards using the alternative
test procedure established in the waivers
granted to petitioning manufacturers. The
2014 13A standard needs to be adjusted to
reflect the new .55 usage factor for coolers
and combination cooler refrigerators. To do
this the AEU equation must first be divided
by .85(15% usage credit used in granted
waivers) to establish the maximum allowable
energy consumption of a combination
product to the existing 2014 standard. That
value is then multiplied by .55 to reflect the
new energy consumption standard for
combination product. In section 4 subpart 4.2
of the Term Sheet, to simplify conversion,
the AEU equation is multiplied by a
correction factor of .647(.55/.85).
Thus, the maximum AEU in kWh/year for
a compact combination cooler refrigerator is
defined as:
AEU = (9.17AV + 259.3) * 0.647
In conclusion, 2014 Energy Conservation
Standards do not allow an energy use rating
E:\FR\FM\27JNN1.SGM
27JNN1
Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
to be calculated for the affected basic models
listed, and AGA Marvel respectfully requests
that DOE considers this petition for an
interim and final waiver. AGA Marvel would
be pleased to discuss this waiver petition
with DOE and provide any additional
information that DOE might require.
Sincerely,
Joshua Ambrose,
Project Engineer.
James R. Holland,
Director of Engineering.
AGA Marvel, 1260 E. VanDeinse St.,
Greenville, MI 48838 USA, T. 616–754–5601,
F. 616–754–9690, www.agamarvel.com.
Supplemental E-Mail from AGA Marvel
From: Joshua Ambrose
Sent: Wednesday, March 09, 2016 11:05 a.m.
To: Berringer, Bryan
Subject: RE: Petition for Waiver—AGA
Marvel
Bryan,
AGA Marvel is the manufacturer of all
models in the petition and all models are
under the Marvel brand. In the Marvel brand
we have (3) ‘‘series’’ of product, and the
series associated with the model numbers are
as follows:
MARVEL
— ML24WBG***1
— ML24WBF***1
— ML24WBS***1
— ML24WBP***1
MARVEL Outdoor
— MO24WBG***1
— MO24WBF***1
— MO24WBS***1
— MO24WBP***1
MARVEL Professional
— MP24WBG***1
— MP24WBF***1
— MP24WBS***1
— MP24WBP***1
Let me know if you need anything else.
Thanks,
Josh Ambrose,
Project Engineer, AGA MARVEL, 1260 East
Van Deinse Street, Greenville, MI 48838.
[FR Doc. 2016–15142 Filed 6–24–16; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2015–0665; FRL–9948–34–
OW]
RIN 2040–ZA25
mstockstill on DSK3G9T082PROD with NOTICES
Preliminary 2016 Effluent Guidelines
Program Plan
(Preliminary 2016 Plan) and solicits
public comment. Section 304(m) of the
Clean Water Act (CWA) requires EPA to
biennially publish a plan for new and
revised effluent limitations guidelines,
after public review and comment. The
Preliminary 2016 Plan identifies any
new or existing industrial categories
selected for effluent guidelines or
pretreatment standards and provides a
schedule for their development. EPA
typically publishes a preliminary plan
upon which the public is invited to
comment, and then publishes a final
plan thereafter. The information and
analyses from the 2015 Annual Review
were used in developing the
Preliminary 2016 Plan.
DATES: Comments must be received on
or before July 27, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2015–0665, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr.
William F. Swietlik, Engineering and
Analysis Division, Office of Water,
4303T, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone
number: (202) 566–1129; fax number:
(202) 566–1053; email address:
swietlik.william@epa.gov.
SUPPLEMENTARY INFORMATION:
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
I. General Information
This notice announces the
availability of the Environmental
Protection Agency’s (EPA) Preliminary
2016 Effluent Guidelines Program Plan
A. Supporting Documents—A key
document providing additional
information includes the 2015 Annual
Effluent Guidelines Review Report.
AGENCY:
SUMMARY:
VerDate Sep<11>2014
18:52 Jun 24, 2016
Jkt 238001
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
41535
B. How Can I Get Copies of These
Documents and Other Related
Information?
1. Docket. EPA has established official
public dockets for these actions under
Docket ID No. EPA–HQ–OW–2015–
0665. The official public docket is the
collection of materials that are available
for public viewing at the Water Docket
in the EPA Docket Center, (EPA/DC)
EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC
20460.
2. Electronic Access. You can access
this Federal Register document
electronically through the United States
government online source for Federal
regulations at https://
www.regulations.gov.
3. Internet access. Copies of the
supporting documents are available at
https://www.epa.gov/eg/effluentguidelines-plan.
C. What Should I Consider as I
Prepare My Comments for EPA?
Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency
might ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible.
• Make sure to submit your
comments by the comment period
deadline identified.
II. How is this document organized?
The outline of this notice follows.
A. Legal Authority
B. Summary of the Preliminary 2016 Effluent
Guidelines Program Plan
C. Request for Public Comments and
Information
A. Legal Authority
This notice is published under the
authority of the CWA, 33 U.S.C. 1251,
et seq., and in particular sections 301(d),
E:\FR\FM\27JNN1.SGM
27JNN1
Agencies
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Pages 41531-41535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15142]
[[Page 41531]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-045]
Notice of Interim Waiver and Request for Waiver to AGA Marvel
From the Department of Energy Refrigerator and Refrigerator-Freezer
Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of granting of interim waiver; notice of request for
waiver; request for public comment.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of a petition for waiver from
AGA Marvel seeking an exemption from specified portions of the U.S.
Department of Energy (``DOE'') test procedure for determining the
energy consumption of electric refrigerators and refrigerator-freezers.
AGA Marvel seeks to apply an alternative test procedure for measuring
the energy usage of combination cooler-refrigerator basic models. DOE
has reviewed AGA Marvel's alternate procedure. Rather than permit the
use of this alternative procedure, which would effectively alter both
the test procedure and the standard that AGA Marvel's products would
need to meet, DOE has tentatively concluded that it is more appropriate
to apply the alternative procedure that other manufacturers of similar
products have been permitted to use in prior waivers granted by DOE.
This approach would allow AGA Marvel to measure the energy use of its
products while alleviating the testing problems that prompted AGA
Marvel's request. Accordingly, DOE is granting to AGA Marvel an interim
waiver to permit it to use this alternative testing method to measure
the energy usage of its combination cooler-refrigerator basic models.
DOE notes that the method detailed in this interim waiver is consistent
with the most recent approach that DOE outlined in an interim waiver
issued earlier this year for other similar products. DOE solicits
comments, data, and information concerning AGA Marvel's petition and
suggestions on the alternate test procedure DOE is permitting AGA
Marvel to use as a condition of its interim waiver.
DATES: DOE will accept comments, data, and information with regard to
the proposed modification until July 27, 2016.
ADDRESSES: You may submit comments, identified by Case Number RF-045,
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 [Case No. RF-
043] in the subject line of the message. Submit electronic comments in
Microsoft Word or PDF file format, and avoid the use of special
characters or any form of encryption.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-5B/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., Room
6094, 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 clothes washer 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
Program, Mailstop EE-5B, 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-33, Forrestal Building, 1000 Independence Avenue
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On January 26, 2016, AGA Marvel submitted a
petition for waiver and application for interim waiver under 10 CFR
430.27 for its combination cooler-refrigerator models. (A subsequent
email from AGA Marvel sent on March 9, 2016, identified the specific
basic models addressed in its petition.) AGA Marvel's submission seeks
to use an alternative to the test procedure found at appendix A to
subpart B of 10 CFR part 430. The basic models at issue incorporate
wine chiller/beverage compartments (referred to as cooler compartments)
that prevent the manufacturer from testing these products in accordance
with the applicable test procedure in appendix A. Specifically, the
cooler compartments operate at temperatures higher than the
standardized compartment temperatures used for testing in appendix A.
Accordingly, these basic models cannot be rated based on the test
procedure in appendix A. DOE is granting AGA Marvel with an interim
waiver but modifying the alternative testing method approach outlined
in AGA Marvel's petition to ensure consistency with the approach
outlined in a recently issued interim waiver issued for similar
products.
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 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 electric refrigerators and refrigerator-freezers is set
forth in 10 CFR part 430, subpart B, appendix A.
---------------------------------------------------------------------------
\1\ For editorial reasons, part B of EPCA was codified as part A
in the U.S. Code.
---------------------------------------------------------------------------
DOE's regulations allow a person to seek a waiver from the test
procedure requirements for a particular basic model of a type of
covered consumer product when (1) the petitioner's basic model for
which the petition for waiver was submitted contains one or more design
characteristics that prevent testing according to the prescribed test
procedure, or (2) when the prescribed test procedures may evaluate the
basic model in a manner so unrepresentative of its true energy
consumption characteristics as to provide materially inaccurate
comparative data. 10 CFR 430.27(a)(1). A petitioner must include
[[Page 41532]]
in its 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 granting of a waiver is subject to conditions, including
adherence to alternate test procedures. 10 CFR 430.27(f)(2). As soon as
practicable after the granting of any waiver, DOE will publish in the
Federal Register a notice of proposed rulemaking to amend its
regulations so as to eliminate any need for the continuation of such
waiver. As soon thereafter as practicable, DOE will publish in the
Federal Register a final rule. 10 CFR 430.27(l). The waiver process
also allows the granting of an interim waiver from test procedure
requirements to manufacturers that have petitioned DOE for a waiver of
such prescribed test procedures upon a finding that it appears likely
that the petition for waiver will be granted and/or if DOE 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(e). Within one year of issuance of an interim waiver, DOE will
either: (i) Publish in the Federal Register a determination on the
petition for waiver; or (ii) Publish in the Federal Register a new or
amended test procedure that addresses the issues presented in the
waiver. 10 CFR 430.27(h)(1).
A petitioner may request that DOE extend the scope of a waiver or
an interim waiver to include additional basic models employing the same
technology as the basic model(s) set forth in the original petition.
DOE will publish any such extension in the Federal Register. 10 CFR
430.27(g).
II. Application for Interim Waiver and Petition for Waiver
By letter dated January 26, 2016, AGA Marvel submitted a petition
for waiver and application for interim waiver under 10 CFR 430.27(a)
for 12 basic models of combination cooler-refrigerators that are
required to be tested using the test procedure detailed at appendix A
to subpart B of 10 CFR part 430. AGA Marvel supplemented its filing
with a March 9, 2016, email identifying the basic models. Appendix A
requires measuring the energy consumption of refrigerators using a
standardized compartment temperature of 39 degrees Fahrenheit ([deg]F),
a temperature which AGA Marvel's products are not capable of achieving
in all compartments. As a result, AGA Marvel seeks a waiver to appendix
A's procedure to apply a standardized compartment temperature of 55
[deg]F to the cooler compartments within its products. These
compartments maintain a higher temperature typical for storing
beverages. AGA Marvel also requested that the products be tested with a
0.55 usage factor, rather than with no usage factor as required
according to appendix A, which is consistent with the test procedure
approach recommended by the Miscellaneous Refrigeration Products
(``MREF'') Working Group. The Working Group's approach, which was
developed during a recent negotiated rulemaking, is detailed in the
relevant October 20, 2015, Term Sheet (``Term Sheet #1'').\2\
---------------------------------------------------------------------------
\2\ See docket ID EERE-2011-BT-STD-0043 on regulations.gov for
information on the MREF Working Group. Document 113 (Term Sheet #1)
within that docket includes the Working Group's recommended test
procedures.
---------------------------------------------------------------------------
DOE notes that it previously granted a similar waiver to Panasonic
Appliances Refrigeration Systems Corporation of America (``PAPRSA'')
through an interim waiver (78 FR 35894 (June 14, 2013)) and a
subsequent Decision and Order (78 FR 57139 (September 17, 2013)) under
Case No. RF-031. DOE also granted an extension of waiver (79 FR 55769
(September 17, 2014)) to PAPRSA under Case No. RF-041. Additionally,
DOE granted a similar waiver to Sanyo E&E Corporation (``Sanyo'')
through an interim waiver (77 FR 19654 (April 2, 2012)) and a
subsequent Decision and Order (77 FR 49443 (August 16, 2012)) under
Case No. RF-022. On October 4, 2012, DOE issued a notice of correction
to the Decision and Order incorporating a K-factor (correction factor)
value of 0.85 when calculating the energy consumption (77 FR 60688).
Sanyo E&E Corporation has since changed its corporate name to Panasonic
Appliances Refrigeration Systems Corporation of America, meaning that
it is the same manufacturer to which DOE granted the August 2012
waiver. More recently, DOE became aware of minor issues with regard to
the equations detailed in the prior waiver decisions. On January 26,
2016, DOE issued a proposed modification of its prior waivers and
granted PAPRSA with an interim waiver (81 FR 4270) under Case No. RF-
043 to correct the known issues.
AGA Marvel's petition for waiver included an alternate test
procedure to account for the energy consumption of its combination
cooler-refrigerator products. Specifically, it proposed using the test
procedure for combination cooler refrigeration products detailed in the
MREF Working Group's Term Sheet #1 noted earlier. In AGA Marvel's view,
the Working Group's test procedure calculations, when compared with the
current DOE test procedure's calculations, are the most representative
of the annual energy usage of its combination cooler refrigeration
products. However, DOE's recent notice detailing a modified version of
the calculation method used to measure and rate the energy use of
products similar to AGA Marvel's combination cooler-refrigerators
provides a simpler and equitable solution to the problems identified in
AGA Marvel's petition. See 81 FR 4270 (proposal to modify PAPRSA's
alternative test method for combination cooler refrigeration products).
Accordingly, applying the test method outlined in the recent PAPRSA
interim waiver to determine compliance with the existing refrigerator
standards would follow an already-established approach and help ensure
consistency when testing similar products.
AGA Marvel also requests an interim waiver from the existing DOE
test procedure. An interim waiver may be granted if it appears likely
that the petition for waiver will be granted, and/or if DOE determines
that it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. See 10 CFR
430.27(e)(2).
DOE understands that absent an interim waiver, AGA Marvel's
products cannot be tested and rated for energy consumption on a basis
representative of their true energy consumption characteristics. DOE
has reviewed the alternate procedure offered by AGA Marvel and
concludes that whatever procedure AGA Marvel uses should be consistent
with the approach taken with similar interim waivers that have been
granted to other manufacturers to allow for the accurate measurement of
the energy use of these products, while alleviating the testing
problems that prompted AGA Marvel's request. Consequently, while DOE
has determined that AGA Marvel's petition for waiver will likely be
granted, based on similar waivers that have been granted in the past,
in DOE's view, the alternate test procedure used by AGA Marvel should
be consistent with the approach permitted by DOE for other
manufacturers with similar products. Accordingly, DOE, is granting AGA
Marvel an interim waiver based on the modified test approach detailed
in Section III of this document. In addition to the revised test
procedure, DOE clarifies in this document the specific basic models
that would be tested under the alternate approach.
Under the interim waiver, the alternate test procedure must be
used,
[[Page 41533]]
going forward, with respect to all of the basic models AGA Marvel
identified in the collective portions of its petition. These models are
listed in the following section.
III. Conclusion
Therefore, DOE has issued an Order, stating:
After careful consideration of all the material submitted by AGA
Marvel in this matter, DOE grants an interim waiver regarding 12 basic
models identified below. Accordingly, it is ORDERED that:
(1) AGA Marvel must, going forward, test and rate the following AGA
Marvel basic models as set forth in paragraph (2) below.
Basic models under the MARVEL brand:
ML24WBG***1
ML24WBF***1
ML24WBS***1
ML24WBP***1
Basic models under the MARVEL Outdoor brand:
MO24WBG***1
MO24WBF***1
MO24WBS***1
MO24WBP***1
Basic models under the MARVEL Professional brand:
MP24WBG***1
MP24WBF***1
MP24WBS***1
MP24WBP***1
Where (*) represents a character in the model number that
corresponds to door swing, door style, color, or marketing features and
has no impact on the number of compartments, compartment function,
product class, or test method.
(2) The applicable method of test for the AGA Marvel basic models
listed in paragraph (1) is the test procedure for electric
refrigerator-freezers prescribed by DOE at 10 CFR part 430, appendix A,
except that the test temperature for the ``cooler compartment'' (i.e.,
the compartment designed to store wine or other beverages) is
55[emsp14][deg]F, instead of the prescribed 39[emsp14][deg]F.
The K-factor (i.e., correction factor) value is 0.85. The test must
include (where applicable) the icemaking energy usage as defined in 10
CFR part 430, subpart B, appendix A, sec. 6.2.2.1.
Therefore, the energy consumption is defined by:
If compartment temperatures are below their respective standardized
temperatures for both test settings (according to 10 CFR part 430,
subpart B, appendix A, sec. 6.2.2.1):
E = (ET1 x 0.85) + IET.
If compartment temperatures are not below their respective
standardized temperatures for both test settings, the higher of the two
values calculated by the following two formulas (according to 10 CFR
part 430, subpart B, appendix A, sec. 6.2.2.2):
Energy consumption of the ``cooler compartment'':
ECooler Compartment = (ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)])
*0.85 + IET.
Energy consumption of the ``fresh food compartment'':
EFreshFood Compartment = (ET1 + [(ET2-ET1) x (39 [deg]F-TBC1)/(TBC2-
TBC1)]) *0.85 + IET.
If the optional test for models with two compartments and user
operable controls is used (according to 10 CFR part 430, subpart B,
appendix A, sec. 6.2.2.3):
E = (Ex x 0.85) + IET.
(3) Representations. AGA Marvel may make representations about the
energy use of its combination cooler-refrigerator products for
compliance, marketing, or other purposes only to the extent that such
products have been tested in accordance with the provisions set forth
above and such representations fairly disclose the results of such
testing in accordance with 10 CFR 429.14(a).
(4) This interim waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(h), (k), and (l).
(5) This interim 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.
(6) Granting of this interim waiver does not release AGA Marvel
from the certification requirements set forth at 10 CFR part 429.
IV. Summary and Request for Comments
Through this notice, DOE has granted AGA Marvel an interim waiver
from the specified portions of the test procedure for certain basic
models of AGA Marvel combination cooler-refrigerators and announces
receipt of AGA Marvel's request for petition of waiver from those same
portions of the test procedure. DOE is publishing AGA Marvel's request
for a petition of waiver in its entirety pursuant to 10 CFR
430.27(b)(1)(iv). The petition contains no confidential information.
The petition includes a suggested alternate test procedure to determine
the energy consumption of AGA Marvel's specified combination cooler-
refrigerators. AGA Marvel is required to follow this alternate
procedure, as modified in Section III of this document, as a condition
of its interim waiver. DOE will consider the continued use of this
procedure in its subsequent Decision and Order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Pursuant to 10 CFR 430.27(d), any person
submitting written comments to DOE must also send a copy of such
comments to the petitioner. The contact information for the petitioner
is Joshua Ambrose, Project Engineer, AGA Marvel, 1260 E. VanDeinse St.,
Greenville, MI 48838. All comment submissions to DOE must include the
Case Number RF-045 for this proceeding. Submit electronic comments in
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).
Issued in Washington, DC, on June 16, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
January 26, 2016
U.S. Department of Energy
Building Technologies Office
Office of Energy Efficiency and Renewable Energy
1000 Independence Avenue SW
Washington, DC 20585-0121
To whom it may concern:
Pursuant to 10 CFR 430.27, AGA Marvel respectfully submits this
Petition for Waiver and application for Interim Waiver for AGA
Marvel combination cooler refrigerator models on the grounds that
the affected models listed below contain one or more design
characteristics that prevent testing of the basic model according to
the test procedures prescribed in 10 CFR 430, subpart B, appendix A.
Without this waiver, AGA Marvel is unable to certify models as
compliant with 2014 DOE energy conservation standards. This request
is similar to past petitions for waivers that have been granted by
DOE to Sub-Zero (80 FR 7854), PAPRSA (78 FR 35894), and Sanyo (77 FR
49443), who make similar combination cooler refrigerator products.
10 CFR 430.27 states: ``DOE will grant a waiver from the test
procedure requirements if DOE determines either the basic model(s)
for which the waiver was requested contains
[[Page 41534]]
a design characteristic which either prevents testing of the basic
model according to the prescribed test procedures, or the prescribed
test procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as
to provide materially inaccurate comparative data.'' AGA Marvel
requests that the DOE grant this petition on both grounds.
In November 2011, the DOE began a process to consider whether to
include as covered products, and establish energy conservation
standards for certain types of refrigeration products, that largely
fall outside of DOE's regulations pertaining to refrigerators,
refrigerator-freezers, and freezers. To help better inform its
potential regulation of these items, DOE established a negotiated
rulemaking Working Group that would operate under the Appliance
Standards and Rulemaking Federal Advisory Committee (ASRAC) with the
purpose of exploring possible energy efficiency requirements for
Miscellaneous Refrigeration Products (MREFs) (80 FR 17355). The
Working Group ultimately reached consensus among its members on a
variety of issues, including the potential scope of coverage,
applicable definitions, test procedure details, and energy
conservation standards that would apply to these products and
compiled these recommendations into a term sheet for consideration
by ASRAC (EERE-2011-BT-STD-0043).
In granting the most recent petition to Sub-Zero, DOE confirmed
the previous rulings for Sanyo, and PAPRSA, that cooler compartments
cannot be tested at the prescribed temperature of 39[emsp14][deg]F
because the minimum compartment temperature is higher than the
standardized temperature of 39[emsp14][deg]F. The Working Group has
defined a cooler compartment as, ``a refrigerated compartment
designed exclusively for wine or other beverages within a consumer
refrigeration product that is capable of maintaining compartment
temperatures either (a) no lower than 39[emsp14][deg]F (3.9 [deg]C),
or (b) in a range that extends no lower than 37[emsp14][deg]F (2.8
[deg]C) but at least as high as 60[emsp14][deg]F (15.6 [deg]C) as
determined according to Sec. 429.14(d)(2) or Sec. 429.61(d)(2).''
The alternate test procedure used in all three previous waivers
(originally submitted by Sanyo), accounts for the energy consumption
of combination cooler refrigerator models. The procedure tests the
wine storage compartment at 55[emsp14][deg]F, instead of the
prescribed 39[emsp14][deg]F. 55[emsp14][deg]F is presumed to be
representative of expected consumer use, as it is the ideal long-
term storage temperature for both red and white wine.
55[emsp14][deg]F is also used in the test procedures for wine
products adopted by the Association of Home Appliance Manufacturers
(AHAM), California Energy Commission (CEC), and Natural Resources
Canada (NRCan).
The test procedure recommended by the MREF Working Group is
slightly modified from the test procedure used in the previous
waivers, and has been agreed to in the final ASRAC Miscellaneous
Refrigeration Products Term Sheet dated October 20, 2015.
Affected Models
The basic models affected that are manufactured by AGA Marvel
use the following model number layout:
*WB[caret]
Where:
WB--Represents the model platform, which corresponds to Dual-Zone
Wine/Beverage Center (combination cooler refrigerator) containing
exactly one cooler compartment and one refrigerator compartment.
(*)--Represents characters in the model number that correspond to
brand and width
([caret])--Represents characters in the model number that correspond
door swing, door style, color, and marketing features.
The * and [caret] characters have no impact on the number of
compartments, compartment function, product class, or test method.
Design Characteristics Dictating a Waiver
AGA Marvel is requesting a waiver to the test procedures for its
combination cooler/refrigerator models that consist of one
refrigerated storage compartment and one cooler compartment. The DOE
considers combination cooler/refrigerator models as covered products
to be tested according to DOE test procedures for All-Refrigerators
prescribed in 10 CFR 430, subpart B, appendix A. The test conditions
specify that energy consumption is to be determined using the fresh
food compartment standardized temperature of 39[emsp14][deg]F for
both compartments.
It is not possible to test and rate these combination models
under the existing testing procedures, as the cooler compartment of
these models is not designed for, nor capable of meeting the
standardized temperature of 39[emsp14][deg]F. AGA Marvel has
designed the cooler compartments of its products to achieve a
temperature range ideal for wine storage, with the coldest
temperature setting for the compartment being above
39[emsp14][deg]F. Also, the current testing requirements do not
measure energy usage in a manner that truly represents the energy-
consumption characteristics of these products.
AGA Marvel requests an interim waiver until a waiver for the
affected models is granted or a final ruling is made on the energy
efficiency requirements and test procedures for this combination
cooler refrigeration product under the MREF DOE ruling. It is
essential that an interim waiver is granted, as AGA Marvel has
planned sales volumes for the affected models in the annual budget,
with a planned launch date of 3rd quarter of 2016.
Proposed Modified Test Procedure
AGA Marvel proposes to use the test procedure for combination
cooler refrigeration products, listed in ASRAC Miscellaneous
Refrigeration Products Term Sheet dated October 20, 2015, as the
calculations are most representative of AGA Marvel's combination
product annual energy usage. The affected basic models are defined
as ``cooler-all refrigerators'' in Appendix 2 of the Term Sheet, as
the basic models have one cooler compartment and one refrigerator
compartment capable of maintaining compartment temperatures above
32[emsp14][deg]F (0 [deg]C) and below 39[emsp14][deg]F (3.9 [deg]C).
In section 4 subpart 4.2 of the Term Sheet, ``The working group
recommends product classes for combination cooler refrigeration
products that are analogous to the 2014 refrigerator, refrigerator-
freezer, and freezer product classes. A product would be classified
into a product class of combination cooler refrigeration product
based on how the product would be classified without a cooler
compartment.'' Without a cooler compartment, the affected basic
models are covered by the 13A standard (Compact All-Refrigerator--
Automatic Defrost).
Appendix 3 subpart 3.2 of the Term Sheet states the test shall
use a standardized temperature of 39[emsp14][deg]F for the fresh
food compartment and a standardized temperature of 55[emsp14][deg]F
for the cooler compartment. The test sequence follows the same test
sequence for all-refrigerators in 10 CFR 430, subpart B, appendix A.
Appendix 3 subpart 5.2.1.1 of the Term Sheet defines the energy
consumption in kilowatt-hours per day as:
ET = (EP x 1440 x K)/T
Where:
K = dimensionless correction factor of 0.55 for combination cooler
refrigeration products to adjust for average household usage.
Appendix 3 subpart 6.2.4.2 of the Term Sheet defines the average
per-cycle energy consumption as the higher of the two values
calculated by the following two formulas:
Energy consumption of the wine compartment:
E Cooler = (ET1 + [(ET2-ET1) x (55[emsp14][deg]F-TC1)/(TC2-TC1)]) +
IET
Energy consumption of the refrigerated beverage compartment:
E Fresh Food = ET1 + [(ET2-ET1) x (39[emsp14][deg]F-TR1)/(TR2-TR1)]
+ IET
Where:
IET equals 0 for all products without an automatic icemaker.
Combination refrigerator coolers are currently certified to the
2014 DOE Energy Consumption Standards using the alternative test
procedure established in the waivers granted to petitioning
manufacturers. The 2014 13A standard needs to be adjusted to reflect
the new .55 usage factor for coolers and combination cooler
refrigerators. To do this the AEU equation must first be divided by
.85(15% usage credit used in granted waivers) to establish the
maximum allowable energy consumption of a combination product to the
existing 2014 standard. That value is then multiplied by .55 to
reflect the new energy consumption standard for combination product.
In section 4 subpart 4.2 of the Term Sheet, to simplify conversion,
the AEU equation is multiplied by a correction factor of
.647(.55/.85).
Thus, the maximum AEU in kWh/year for a compact combination
cooler refrigerator is defined as:
AEU = (9.17AV + 259.3) * 0.647
In conclusion, 2014 Energy Conservation Standards do not allow
an energy use rating
[[Page 41535]]
to be calculated for the affected basic models listed, and AGA
Marvel respectfully requests that DOE considers this petition for an
interim and final waiver. AGA Marvel would be pleased to discuss
this waiver petition with DOE and provide any additional information
that DOE might require.
Sincerely,
Joshua Ambrose,
Project Engineer.
James R. Holland,
Director of Engineering.
AGA Marvel, 1260 E. VanDeinse St., Greenville, MI 48838 USA, T. 616-
754-5601, F. 616-754-9690, www.agamarvel.com.
Supplemental E-Mail from AGA Marvel
From: Joshua Ambrose
Sent: Wednesday, March 09, 2016 11:05 a.m.
To: Berringer, Bryan
Subject: RE: Petition for Waiver--AGA Marvel
Bryan,
AGA Marvel is the manufacturer of all models in the petition and
all models are under the Marvel brand. In the Marvel brand we have
(3) ``series'' of product, and the series associated with the model
numbers are as follows:
MARVEL
-- ML24WBG***1
-- ML24WBF***1
-- ML24WBS***1
-- ML24WBP***1
MARVEL Outdoor
-- MO24WBG***1
-- MO24WBF***1
-- MO24WBS***1
-- MO24WBP***1
MARVEL Professional
-- MP24WBG***1
-- MP24WBF***1
-- MP24WBS***1
-- MP24WBP***1
Let me know if you need anything else.
Thanks,
Josh Ambrose,
Project Engineer, AGA MARVEL, 1260 East Van Deinse Street,
Greenville, MI 48838.
[FR Doc. 2016-15142 Filed 6-24-16; 8:45 am]
BILLING CODE 6450-01-P