Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to AGA Marvel From the Department of Energy Refrigerator and Refrigerator-Freezer Test Procedures, 21211-21213 [2017-09131]
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Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–045]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a 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.
ACTION: Decision and Order.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) gives notice of a
Decision and Order (Case No. RF–045)
that grants to AGA Marvel a waiver from
the DOE test procedure for determining
the energy consumption of electric
refrigerators and refrigerator-freezers.
Under this Decision and Order, AGA
Marvel is required to test and rate
specified basic models of its
combination cooler-refrigerator in
accordance with the applicable DOE test
procedure, with the exception that it
must calculate energy consumption
using a correction factor (‘‘K-factor’’) of
0.85.
DATES: This Decision and Order is
effective May 5, 2017. This Decision and
Order will terminate on October 28,
2019, in conjunction with the
compliance date of the recently
published standards for miscellaneous
refrigeration products. Testing to
demonstrate compliance with those
standards, and any other representations
of energy use made on or after October
28, 2019, will require manufacturers to
use the relevant test procedure for these
products.
SUMMARY:
Mr.
Bryan Berringer, U.S. Department of
Energy, Building Technologies Program,
Mail Stop EE–5B, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. E-mail: AS_
Waiver_Requests@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. E-mail:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR
430.27(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set
forth below. The Decision and Order
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FOR FURTHER INFORMATION CONTACT:
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grants AGA Marvel a waiver from the
applicable test procedure in 10 CFR part
430, subpart B, appendix A for certain
basic models of combination coolerrefrigerators provided that AGA Marvel
tests and rates such products using the
alternate test procedure described in
this notice. AGA Marvel’s
representations concerning the energy
efficiency of these products must be
based on testing consistent with the
provisions and restrictions in the
alternate test procedure set forth in the
Decision and Order below, and the
representations must fairly disclose the
test results. Distributors, retailers, and
private labelers are held to the same
standard when making representations
regarding the energy efficiency of these
products. 42 U.S.C. 6293(c).
Consistent with 10 CFR 430.27(j), not
later than July 5, 2017, any
manufacturer currently distributing in
commerce in the United States a
product employing a technology or
characteristic that results in the same
need for a waiver from the applicable
test procedure must submit a petition
for waiver. Manufacturers not currently
distributing such products in commerce
in the United States must petition for
and be granted a waiver prior to the
distribution in commerce of those
products in the United States.
Manufacturers may also submit a
request for interim waiver pursuant to
the requirements of 10 CFR 430.27.
Issued in Washington, DC, on April 28,
2017.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: AGA Marvel (Case
No. RF–045)
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (‘‘EPCA’’)
(42 U.S.C. 6291–6309) established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, a program that includes
residential refrigerators and refrigeratorfreezers.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 measuring energy efficiency,
energy use, or estimated operating costs,
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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21211
and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for residential refrigerators
and refrigerator-freezers is contained in
10 CFR part 430, subpart B, appendix A.
The regulations set forth in 10 CFR
430.27 contain provisions that allow a
person to seek a waiver from the test
procedure requirements for a particular
basic model of a type of covered product
when the petitioner’s basic model for
which the petition for waiver was
submitted contains one or more design
characteristics that: (1) Prevent testing
according to the prescribed test
procedure, or (2) cause the prescribed
test procedures to 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).DOE may grant the waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(f)(2). DOE recently
published standards for miscellaneous
refrigeration products (‘‘MREFs’’). See
81 FR 75194 (Oct. 28, 2016). Testing to
demonstrate compliance with those
standards will require manufacturers to
use the MREF test procedure established
in a final rule published in July 2016.
See 81 FR 46768 (July 18, 2016) (MREF
coverage determination and test
procedure final rule) and 81 FR 49868
(July 29, 2016) (MREF test procedure
final rule correction notice). Under
these rules, DOE has determined that
products such as those that are at issue
here fall into the MREF category.
Accordingly, consistent with these
MREF-specific provisions, these
products will be evaluated under
prescribed procedures and against
specified standards that are tailored to
account for their particular
characteristics.
II. AGA Marvel’s Petition for Waiver:
Assertions and Determinations
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. At the
time of the petition, Appendix A
required measuring the energy
consumption of refrigerators using a
standardized compartment temperature
of 39 degrees Fahrenheit (°F), a
temperature that, according to AGA
Marvel, its products are not capable of
achieving in all compartments. As a
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result, AGA Marvel petitioned for a
waiver to appendix A’s procedure to
apply a standardized compartment
temperature of 55 °F to the cooler
compartments within its products.
These compartments maintain a higher
temperature that is typical for storing
wine. 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.
Both the compartment temperature and
usage factor are consistent with the
requirements incorporated into
appendix A from the July 2016 MREF
test procedure final rule. 81 FR 46768.
DOE granted a similar waiver to
Panasonic Appliances Refrigeration
Systems Corporation of America
(‘‘PAPRSA’’) in 2012 (under PAPRSA’s
previous corporate name, Sanyo E&E
Corporation) (Case No. RF–022, 77 FR
49443 (August 16, 2012)), in 2013 (Case
No. RF–031, 78 FR 57139 (Sept. 17,
2013)), and 2014 (Case No. RF–041, 79
FR 55769 (September 17, 2014)). On
October 4, 2012, DOE issued a notice of
correction to this Decision and Order by
incorporating a K-factor (correction
factor) value of 0.85 when calculating
the energy consumption of the affected
models. (77 FR 60688) On January 26,
2016, due to issues with regard to the
equations detailed in the prior waiver
decisions, 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 these known issues. DOE also
previously granted a similar waiver to
Sub-Zero Group Inc. through an interim
waiver (79 FR 55772 (September 17,
2014)) and a subsequent Decision and
Order (80 FR 7854 (February 12, 2015))
under Case No. RF–040.
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 in
appendix A. 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 (notice granting interim
waiver and seeking comment on DOE’s
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
VerDate Sep<11>2014
17:43 May 04, 2017
Jkt 241001
follow an already-established approach
and help ensure consistency when
testing similar products (i.e., a
correction factor of 0.85 rather than 0.55
is appropriate for determining
compliance with refrigerator standards).
AGA Marvel also requested an interim
waiver from the existing DOE test
procedure, which DOE granted. See 81
FR at 41531. DOE did not receive any
comments on the AGA Marvel petition
or the interim waiver.
DOE has reviewed the alternate
procedure and believes that it will allow
for the accurate measurement of the
energy use of these products, while
alleviating the testing problems
associated with AGA Marvel’s
combination cooler-refrigerator basic
models.
III. Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (‘‘FTC’’) staff concerning
the AGA Marvel petition for waiver. The
FTC staff did not have any objections to
granting a waiver to AGA Marvel.
IV. Order
After careful consideration of all the
material that was submitted by AGA
Marvel and consultation with the FTC
staff, in accordance with 10 CFR 430.27,
it is ORDERED that:
(1) The petition for waiver submitted
by the AGA Marvel. (Case No. RF–045)
is hereby granted as set forth in the
paragraphs below.
(2) AGA Marvel must test and rate the
AGA Marvel basic models specified in
paragraph (3) on the basis of the current
test procedure contained in 10 CFR part
430, subpart B, appendix A, with the
exception that it must calculate energy
consumption using a correction factor
(‘‘K-factor’’) of 0.85.
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. 6.2.4.1):
E = (ET1 × 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. 6.2.4.2):
Energy consumption of the ‘‘cooler
compartment’’:
ECooler Compartment = (ET1 + [(ET2 ¥
ET1) × (55 °F ¥ TC1)/(TC2 ¥ TC1)])
× 0.85 + IET
Energy consumption of the ‘‘fresh
food compartment’’:
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EFreshFood Compartment = (ET1 +
[(ET2 ¥ ET1) × (39 °F ¥ TR1)/(TR2
¥ TR1)]) × 0.85 + IET.
(3) This Order applies only to the
following basic models:
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.
(4) Representations. AGA Marvel may
make representations about the energy
use of the specified basic models 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 outlined above and
such representations fairly disclose the
results of such testing.
(5) This Decision and Order will
terminate on October 28, 2019, in
conjunction with the compliance date of
the recently published standards for
miscellaneous refrigeration products
(‘‘MREFs’’). See 81 FR 75194 (Oct. 28,
2016). Starting on October 28, 2019,
testing to demonstrate compliance with
those standards must be performed in
accordance with the MREF test
procedure final rule. See 81 FR 46768
(July 18, 2016) (MREF test procedure
final rule) and 81 FR 49868 (July 29,
2016) (MREF test procedure final rule
correction notice).
(6) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
(7) Grant of this waiver does not
release a petitioner from the
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Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices
certification requirements set forth at 10
CFR part 429.
Issued in Washington, DC, on 4/28/2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2017–09131 Filed 5–4–17; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Energy Conservation Program for
Consumer Products: Representative
Average Unit Costs of Energy
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice.
AGENCY:
In this notice, the U.S.
Department of Energy (DOE) is
forecasting the representative average
unit costs of five residential energy
sources for the year 2017 pursuant to
the Energy Policy and Conservation Act
(Act). The five sources are electricity,
natural gas, No. 2 heating oil, propane,
and kerosene.
DATES: The representative average unit
costs of energy contained in this notice
will become effective June 5, 2017 and
will remain in effect until further notice.
FOR FURTHER INFORMATION CONTACT: John
Cymbalsky, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy Forrestal Building,
Mail Station EE–5B, 1000 Independence
Avenue SW., Washington, DC 20585–
0121, (202) 287–1692,
ApplianceStandardsQuestions@
ee.doe.gov.
Francine Pinto, Esq., U.S. Department
of Energy, Office of General Counsel
Forrestal Building, Mail Station GC–33,
1000 Independence Avenue SW.,
SUMMARY:
Washington, DC 20585–0103, (202) 586–
7432, Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Section
323 of the Energy Policy and
Conservation Act requires that DOE
prescribe test procedures for the
measurement of the estimated annual
operating costs or other measures of
energy consumption for certain
consumer products specified in the Act.
(42 U.S.C. 6293(b)(3)) These test
procedures are found in Title 10 of the
Code of Federal Regulations (CFR) part
430, subpart B.
Section 323(b)(3) of the Act requires
that the estimated annual operating
costs of a covered product be calculated
from measurements of energy use in a
representative average use cycle or
period of use and from representative
average unit costs of the energy needed
to operate such product during such
cycle. (42 U.S.C. 6293(b)(3)) The section
further requires that DOE provide
information to manufacturers regarding
the representative average unit costs of
energy. (42 U.S.C. 6293(b)(4)) This cost
information should be used by
manufacturers to meet their obligations
under section 323(c) of the Act. Most
notably, these costs are used to comply
with Federal Trade Commission (FTC)
requirements for labeling.
Manufacturers are required to use the
revised DOE representative average unit
costs when the FTC publishes new
ranges of comparability for specific
covered products, 16 CFR part 305.
Interested parties can also find
information covering the FTC labeling
requirements at https://www.ftc.gov/
appliances.
DOE last published representative
average unit costs of residential energy
in a Federal Register notice entitled,
‘‘Energy Conservation Program for
Consumer Products: Representative
Average Unit Costs of Energy’’, dated
March 23, 2016, 81 FR 15513.
On June 5, 2017, the cost figures
published in this notice will become
21213
effective and supersede those cost
figures published on March 23, 2016.
The cost figures set forth in this notice
will be effective until further notice.
DOE’s Energy Information
Administration (EIA) is the data source
for the 2017 representative average unit
after-tax residential costs found in this
notice. These costs for electricity,
natural gas, No. 2 heating oil, and
propane are based on simulations used
to produce the April 2017, EIA ShortTerm Energy Outlook (EIA releases the
Outlook monthly). The representative
average unit after-tax cost for kerosene
is derived from its price relative to that
of heating oil, based on the 2010-to-2013
averages of the U.S. refiner price to end
users, which include all the major
energy-consuming sectors in the U.S. for
these fuels. The source for these price
data is the April 2017, Monthly Energy
Review DOE/EIA–0035(2017/04). The
Short-Term Energy Outlook and the
Monthly Energy Review are available on
the EIA Web site at https://
www.eia.doe.gov. The representative
average unit after-tax cost for propane is
derived from its price relative to that of
heating oil, based on the 2017 averages
of the U.S. residential sector prices
found in the Annual Energy Outlook
2017, AEO2017 (January 5, 2017). For
more information on the data sources
used in this Notice, contact the National
Energy Information Center, Forrestal
Building, EI–30, 1000 Independence
Avenue SW., Washington, DC 20585,
(202) 586–8800, email: infoctr@
eia.doe.gov.
The 2017 representative average unit
costs under section 323(b)(4) of the Act
are set forth in Table 1, and will become
effective June 5, 2017. They will remain
in effect until further notice.
Issued in Washington, DC, on May 1, 2017.
Daniel Simmons,
Acting Deputy Assistant Secretary, Energy
Efficiency and Renewable Energy.
TABLE 1—REPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES
[2017]
Per million
Btu 1
SRADOVICH on DSK3GMQ082PROD with NOTICES
Type of energy
Electricity .................................................
Natural Gas .............................................
No. 2 Heating Oil .....................................
Propane ...................................................
Kerosene .................................................
$37.72
10.52
18.83
16.72
22.32
In commonly used terms
12.9¢/kWh 2 3 ...........................................
$1.052/therm 4 or $10.86/MCF 5 6 ............
$2.59/gallon 7 ...........................................
$1.53/gallon 8 ...........................................
$3.01/gallon 9 ...........................................
As required by test procedure
$0.129/kWh.
$0.00001052/Btu.
$0.00001883/Btu.
$0.00001672/Btu.
$0.00002232/Btu.
Sources: U.S. Energy Information Administration, Short-Term Energy Outlook (April 11, 2017), Annual Energy Outlook (January 5, 2017), and
Monthly Energy Review (April 25, 2017).
Notes: Prices include taxes.
1. Btu stands for British thermal units.
2. kWh stands for kilowatt hour.
3. 1 kWh = 3,412 Btu.
4. 1 therm = 100,000 Btu.
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Agencies
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21211-21213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09131]
[[Page 21211]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-045]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a 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: Decision and Order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a
Decision and Order (Case No. RF-045) that grants to AGA Marvel a waiver
from the DOE test procedure for determining the energy consumption of
electric refrigerators and refrigerator-freezers. Under this Decision
and Order, AGA Marvel is required to test and rate specified basic
models of its combination cooler-refrigerator in accordance with the
applicable DOE test procedure, with the exception that it must
calculate energy consumption using a correction factor (``K-factor'')
of 0.85.
DATES: This Decision and Order is effective May 5, 2017. This Decision
and Order will terminate on October 28, 2019, in conjunction with the
compliance date of the recently published standards for miscellaneous
refrigeration products. Testing to demonstrate compliance with those
standards, and any other representations of energy use made on or after
October 28, 2019, will require manufacturers to use the relevant test
procedure for these products.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-0371. E-mail: AS_Waiver_Requests@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. E-mail:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set forth below. The Decision and
Order grants AGA Marvel a waiver from the applicable test procedure in
10 CFR part 430, subpart B, appendix A for certain basic models of
combination cooler-refrigerators provided that AGA Marvel tests and
rates such products using the alternate test procedure described in
this notice. AGA Marvel's representations concerning the energy
efficiency of these products must be based on testing consistent with
the provisions and restrictions in the alternate test procedure set
forth in the Decision and Order below, and the representations must
fairly disclose the test results. Distributors, retailers, and private
labelers are held to the same standard when making representations
regarding the energy efficiency of these products. 42 U.S.C. 6293(c).
Consistent with 10 CFR 430.27(j), not later than July 5, 2017, any
manufacturer currently distributing in commerce in the United States a
product employing a technology or characteristic that results in the
same need for a waiver from the applicable test procedure must submit a
petition for waiver. Manufacturers not currently distributing such
products in commerce in the United States must petition for and be
granted a waiver prior to the distribution in commerce of those
products in the United States. Manufacturers may also submit a request
for interim waiver pursuant to the requirements of 10 CFR 430.27.
Issued in Washington, DC, on April 28, 2017.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: AGA Marvel (Case No. RF-045)
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(``EPCA'') (42 U.S.C. 6291-6309) established the Energy Conservation
Program for Consumer Products Other Than Automobiles, a program that
includes residential refrigerators and refrigerator-freezers.\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 measuring energy efficiency, energy use, or estimated
operating costs, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for residential refrigerators and
refrigerator-freezers is contained in 10 CFR part 430, subpart B,
appendix A.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
The regulations set forth in 10 CFR 430.27 contain provisions that
allow a person to seek a waiver from the test procedure requirements
for a particular basic model of a type of covered product when the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that: (1) Prevent
testing according to the prescribed test procedure, or (2) cause the
prescribed test procedures to 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).DOE
may grant the waiver subject to conditions, including adherence to
alternate test procedures. 10 CFR 430.27(f)(2). DOE recently published
standards for miscellaneous refrigeration products (``MREFs''). See 81
FR 75194 (Oct. 28, 2016). Testing to demonstrate compliance with those
standards will require manufacturers to use the MREF test procedure
established in a final rule published in July 2016. See 81 FR 46768
(July 18, 2016) (MREF coverage determination and test procedure final
rule) and 81 FR 49868 (July 29, 2016) (MREF test procedure final rule
correction notice). Under these rules, DOE has determined that products
such as those that are at issue here fall into the MREF category.
Accordingly, consistent with these MREF-specific provisions, these
products will be evaluated under prescribed procedures and against
specified standards that are tailored to account for their particular
characteristics.
II. AGA Marvel's Petition for Waiver: Assertions and Determinations
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. At the time
of the petition, Appendix A required measuring the energy consumption
of refrigerators using a standardized compartment temperature of 39
degrees Fahrenheit ([deg]F), a temperature that, according to AGA
Marvel, its products are not capable of achieving in all compartments.
As a
[[Page 21212]]
result, AGA Marvel petitioned for 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 that is typical for storing wine. 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. Both the
compartment temperature and usage factor are consistent with the
requirements incorporated into appendix A from the July 2016 MREF test
procedure final rule. 81 FR 46768.
DOE granted a similar waiver to Panasonic Appliances Refrigeration
Systems Corporation of America (``PAPRSA'') in 2012 (under PAPRSA's
previous corporate name, Sanyo E&E Corporation) (Case No. RF-022, 77 FR
49443 (August 16, 2012)), in 2013 (Case No. RF-031, 78 FR 57139 (Sept.
17, 2013)), and 2014 (Case No. RF-041, 79 FR 55769 (September 17,
2014)). On October 4, 2012, DOE issued a notice of correction to this
Decision and Order by incorporating a K-factor (correction factor)
value of 0.85 when calculating the energy consumption of the affected
models. (77 FR 60688) On January 26, 2016, due to issues with regard to
the equations detailed in the prior waiver decisions, 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 these
known issues. DOE also previously granted a similar waiver to Sub-Zero
Group Inc. through an interim waiver (79 FR 55772 (September 17, 2014))
and a subsequent Decision and Order (80 FR 7854 (February 12, 2015))
under Case No. RF-040.
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 in appendix A.
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 (notice granting interim waiver and
seeking comment on DOE's 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 (i.e., a correction factor of 0.85 rather than
0.55 is appropriate for determining compliance with refrigerator
standards).
AGA Marvel also requested an interim waiver from the existing DOE
test procedure, which DOE granted. See 81 FR at 41531. DOE did not
receive any comments on the AGA Marvel petition or the interim waiver.
DOE has reviewed the alternate procedure and believes that it will
allow for the accurate measurement of the energy use of these products,
while alleviating the testing problems associated with AGA Marvel's
combination cooler-refrigerator basic models.
III. Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (``FTC'') staff
concerning the AGA Marvel petition for waiver. The FTC staff did not
have any objections to granting a waiver to AGA Marvel.
IV. Order
After careful consideration of all the material that was submitted
by AGA Marvel and consultation with the FTC staff, in accordance with
10 CFR 430.27, it is ORDERED that:
(1) The petition for waiver submitted by the AGA Marvel. (Case No.
RF-045) is hereby granted as set forth in the paragraphs below.
(2) AGA Marvel must test and rate the AGA Marvel basic models
specified in paragraph (3) on the basis of the current test procedure
contained in 10 CFR part 430, subpart B, appendix A, with the exception
that it must calculate energy consumption using a correction factor
(``K-factor'') of 0.85.
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. 6.2.4.1):
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. 6.2.4.2):
Energy consumption of the ``cooler compartment'':
ECooler Compartment = (ET1 + [(ET2 - ET1) x (55 [deg]F - TC1)/(TC2 -
TC1)]) x 0.85 + IET
Energy consumption of the ``fresh food compartment'':
EFreshFood Compartment = (ET1 + [(ET2 - ET1) x (39 [deg]F - TR1)/(TR2 -
TR1)]) x 0.85 + IET.
(3) This Order applies only to the following basic models:
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.
(4) Representations. AGA Marvel may make representations about the
energy use of the specified basic models 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 outlined above and such representations fairly disclose
the results of such testing.
(5) This Decision and Order will terminate on October 28, 2019, in
conjunction with the compliance date of the recently published
standards for miscellaneous refrigeration products (``MREFs''). See 81
FR 75194 (Oct. 28, 2016). Starting on October 28, 2019, testing to
demonstrate compliance with those standards must be performed in
accordance with the MREF test procedure final rule. See 81 FR 46768
(July 18, 2016) (MREF test procedure final rule) and 81 FR 49868 (July
29, 2016) (MREF test procedure final rule correction notice).
(6) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify this waiver at any time if it
determines the factual basis underlying the petition for waiver is
incorrect, or the results from the alternate test procedure are
unrepresentative of the basic models' true energy consumption
characteristics.
(7) Grant of this waiver does not release a petitioner from the
[[Page 21213]]
certification requirements set forth at 10 CFR part 429.
Issued in Washington, DC, on 4/28/2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2017-09131 Filed 5-4-17; 8:45 am]
BILLING CODE 6450-01-P