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]

Download as PDF 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. mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: DOE will accept comments, data, and information with regard to the proposed modification until July 27, 2016. DATES: VerDate Sep<11>2014 18:52 Jun 24, 2016 You may submit comments, identified by Case Number RF–045, by any of the following methods: • Federal eRulemaking Portal: http:// 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 Jkt 238001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 41531 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. E:\FR\FM\27JNN1.SGM 27JNN1 41532 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES 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 VerDate Sep<11>2014 18:52 Jun 24, 2016 Jkt 238001 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. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 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, E:\FR\FM\27JNN1.SGM 27JNN1 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices 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. mstockstill on DSK3G9T082PROD with NOTICES 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. VerDate Sep<11>2014 18:52 Jun 24, 2016 Jkt 238001 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 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27JNN1.SGM 27JNN1 mstockstill on DSK3G9T082PROD with NOTICES 41534 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices 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. VerDate Sep<11>2014 18:52 Jun 24, 2016 Jkt 238001 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 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 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: http:// 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 http://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 http:// www.regulations.gov. 3. Internet access. Copies of the supporting documents are available at http://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. 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[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]]

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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: http://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