Energy Conservation Program: Extension of Waiver to Panasonic Appliances Refrigeration Systems Corporation of America (PAPRSA) From the Department of Energy Consumer Refrigerator and Refrigerator-Freezer Test Procedures, 50907-50909 [2018-22003]
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
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provide materially inaccurate
comparative data. 83 FR 11739. The
March 2018 Decision and Order
specifies that Apple test and rate the
subject basic models such that the 100%
nameplate loading condition when
testing at the lowest achievable output
voltage is 2A (which corresponds to an
output power of 10 watts). 83 FR 11740.
The 75%, 50%, and 25% loading
conditions shall be scaled accordingly
and the nameplate output power of such
an EPS, at the lowest output voltage,
shall be equal to 10 watts. Id.
On May 17, 2018, Apple requested to
extend the scope of the waiver it
received in Case Number 2018–001, to
the Apple brand basic model A1882.
Apple stated that this basic model
employs the same technology as the
models covered by the existing waiver.
DOE has reviewed Apple’s waiver
extension request and determined that
the adaptive EPS basic model identified
in Apple’s request incorporates the
same design characteristics as those
basic models covered under Apple’s
existing waiver such that the test
procedure evaluates that basic model in
a manner that is unrepresentative of its
use when charging a product that is sold
or intended to be used with the EPS.
DOE also determined that the alternate
procedure specified in Case Number
EPS–001 will allow for the accurate
measurement of the energy use of the
basic model identified by Apple in its
waiver extension request.
III. Order
After careful consideration of all the
material submitted by Apple in this
matter, it is Ordered that:
(1) Apple must test and rate the EPS
of Apple brand basic model A1882, as
of the date of publication of this
Extension of Waiver in the Federal
Register, as set forth in paragraph (2).
(2) The alternate test procedure for the
basic model listed in paragraph (1) of
this section is the test procedure for
EPSs prescribed by DOE at 10 CFR part
430, subpart B, appendix Z, except that
under section 4(a)(i)(E) and Table 1 of
Appendix Z, the adaptive EPSs must be
tested such that when testing at the
lowest achievable output voltage (i.e.,
5V), the Nameplate Output Current shall
be 2A (which corresponds to an output
power of 10W at the 100% loading
condition). The 75%, 50%, and 25%
loading conditions shall be scaled
accordingly and the nameplate output
power of such an EPS, at the lowest
output voltage, shall be equal to 10W.
(3) Representations. Apple may not
make representations about the energy
efficiency of the adaptive external
power supply basic model identified in
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paragraph (1) for compliance,
marketing, or other purposes unless the
basic model has been tested in
accordance with the provisions set forth
above and such representations fairly
disclose the results of such testing.
(4) This Extension of Waiver shall
remain in effect consistent with the
provisions of 10 CFR 430.27.
(5) This Extension of Waiver is issued
on the condition that the statements,
representations, and documents
provided by Apple are valid. If Apple
makes any modifications to the controls
or configurations of this basic model,
the waiver will no longer be valid and
Apple will either be required to use the
current Federal test method or submit a
new application for a test procedure
waiver. DOE may rescind or modify this
Extension of Waiver at any time if it
determines the factual basis underlying
the petition for Extension of Waiver is
incorrect, or the results from the
alternate test procedure are
unrepresentative of the basic model’s
true energy consumption characteristics.
10 CFR 430.27(k)(1). Likewise, Apple
may request that DOE rescind or modify
the Extension of Waiver if the petitioner
discovers an error in the information
provided to DOE as part of its petition,
determines that the Extension of Waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
430.27(k)(2)
(6) Granting of this extension does not
release Apple from the certification
requirements set forth at 10 CFR part
429.
Signed in Washington, DC, on October 2,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2018–22004 Filed 10–9–18; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
[Case Number 2018–008, EERE–2017–BT–
WAV–0038]
Energy Conservation Program:
Extension of Waiver to Panasonic
Appliances Refrigeration Systems
Corporation of America (PAPRSA)
From the Department of Energy
Consumer Refrigerator and
Refrigerator-Freezer Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of extension of waiver.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is granting a waiver
SUMMARY:
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50907
extension (Case Number 2018–008) to
Panasonic Appliances Refrigeration
Systems Corporation of America
(‘‘PAPRSA’’) to waive the requirements
of the DOE refrigerator and refrigeratorfreezer test procedures for determining
the energy consumption of combination
cooler-refrigerator basic model
PR5181JKBC. PAPRSA is required to
test and rate this basic model in
accordance with the applicable DOE test
procedure, with the exception that it
must calculate the specified basic
model’s energy consumption using a
correction factor (‘‘K-factor’’) of 0.85, as
specified in the Extension of Waiver.
DATES: This Extension of Waiver is
effective October 10, 2018. The
Extension of Waiver will terminate on
October 28, 2019, in conjunction with
the compliance date that applies to the
published standards for miscellaneous
refrigeration products (‘‘MREFs’’). See
81 FR 75194 (Oct. 28, 2016).
FOR FURTHER INFORMATION CONTACT: Ms.
Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Email: 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. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(g)),
DOE gives notice of the issuance of an
Extension of Waiver as set forth below.
The Extension of Waiver extends the
Decision and Order granted to PAPRSA
on May 5, 2017 (82 FR 21209, ‘‘May
2017 Decision and Order’’) to include
PAPRSA combination cooler-refrigerator
basic model PR5181JKBC, as requested
by PAPRSA on June 26, 2018.1 PAPRSA
must test and rate the specifically
identified combination coolerrefrigerator basic model in accordance
with the alternate test procedure
described in the May 2017 Decision and
Order. PAPRSA’s representations
concerning the energy consumption of
the specified basic model must be based
on testing according to the provisions
and restrictions in the alternate test
procedure set forth in the May 2017
Decision and Order, and the
representations must fairly disclose the
test results. Distributors, retailers, and
1 PAPRSA’s request is available at https://
regulations.gov in docket ID EERE–2017–BT–WAV–
0038.
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50908
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
private labelers are held to the same
requirements when making
representations regarding the energy
consumption of this product. (42 U.S.C.
6293(c))
DOE makes decisions on waiver
extensions for only those basic models
specifically set out in the request, not
future models that may be manufactured
by the petitioner. PAPRSA may submit
a new or amended petition for waiver
and request for grant of interim waiver,
as appropriate, for additional basic
models of combination coolerrefrigerators. Alternatively, if
appropriate, PAPRSA may request that
DOE extend the scope of a waiver to
include additional basic models
employing the same technology as the
basic model(s) set forth in the original
petition consistent with 10 CFR
430.27(g).
Signed in Washington, DC, on October 2,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
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Case Number 2018–008—Extension of
Waiver
I. Background and Authority
The Energy Policy and Conservation
Act of 1975, as amended (‘‘EPCA’’),1 (42
U.S.C. 6291–6317), among other things,
authorizes DOE to regulate the energy
efficiency of a number of consumer
products and industrial equipment.
Title III, Part B 2 EPCA established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, which sets forth a variety
of provisions designed to improve
energy efficiency for certain types of
consumer products. These products
include consumer refrigerators and
refrigerator-freezers, the focus of this
extension. (42 U.S.C. 6292(a)(1)).
Under EPCA, DOE’s energy
conservation program consists
essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation
standards, and (4) certification and
enforcement procedures. Relevant
provisions of EPCA include definitions
(42 U.S.C. 6291), energy conservation
standards (42 U.S.C. 6295), test
procedures (42 U.S.C. 6293), labeling
provisions (42 U.S.C. 6294), and the
authority to require information and
reports from manufacturers. (42 U.S.C.
6296).
1 All references to EPCA in this document refer
to the statute as amended through the EPS
Improvement Act of 2017, Public Law 115–115
(January 12, 2018).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making
representations about the efficiency of
these products (42 U.S.C. 6293(c)).
Similarly, DOE must use these test
procedures to determine whether the
products comply with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s)).
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE is
required to follow when prescribing or
amending test procedures for covered
products. EPCA requires that test
procedures prescribed or amended
under this section must be reasonably
designed to produce test results which
reflect the energy efficiency, energy use
or estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6293(b)(3) The test procedure for
refrigerators and refrigerator-freezers is
contained in 10 CFR part 430, subpart
B, appendix A, Uniform Test Method for
Measuring the Energy Consumption of
Refrigerators, Refrigerator-Freezers, and
Miscellaneous Refrigeration Products
(‘‘appendix A’’).
Under 10 CFR 430.27, any interested
person may submit a petition for waiver
from DOE’s test procedure
requirements. DOE will grant a waiver
from the test procedure requirements if
DOE determines either that the basic
model for which the waiver was
requested contains a design
characteristic that prevents testing of the
basic model according to the prescribed
test procedures, or that the prescribed
test procedures evaluate the basic model
in a manner so unrepresentative of its
true energy or water consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(f)(2). DOE may grant the waiver
subject to conditions, including
adherence to alternate test procedures.
Id.
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. 10 CFR
430.27(g). DOE will publish any such
extension in the Federal Register. Id.
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II. Request for an Extension of Waiver:
Assertions and Determinations
DOE issued a Decision and Order in
Case Number RF–043 granting PAPRSA
a waiver to test its basic models
PR6180WBC, KBCS24RSBS, SR6180BC,
SR5180JBC, and PR5180JKBC using an
alternate test procedure. 82 FR 21209
(May 5, 2017) (‘‘May 2017 Decision and
Order’’). PAPRSA requested that it be
permitted to use a modified version of
the test procedure that would specify a
higher standardized temperature for
testing wine chiller compartments as
opposed to the standardized
compartment temperature of 39 degrees
Fahrenheit (°F) for refrigerators, and use
of a correction factor of 0.85 when
calculating energy consumption.
PAPRSA stated that it designed these
models to provide an average
temperature of 55 to 57 °F, which it
determined is a commonly
recommended temperature for wine
storage, suggesting that this temperature
is presumed to be representative of
expected consumer use. 81 FR 4270,
4271 (February 25, 2016).
Based on its review of the information
provided by PAPRSA, DOE determined
that appendix A addresses the
temperature issue identified by PAPRSA
based on the amendments incorporated
from the miscellaneous refrigeration
products (‘‘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).
As specified in the May 5, 2017
Decision and Order, DOE also identified
the formulas in appendix A that, for
purposes of the waiver, should
incorporate a 0.85 correction factor (the
correction factor accounts for the
thermal load from loading warm items
and from door openings). 82 FR at
21210. On August 4, 2017, in response
to a request from PAPRSA, DOE issued
a Decision and Order (Case Number RF–
047) extending the waiver to include
basic model PR5181WBC. 82 FR 36386.
On June 26, 2018, PAPRSA submitted
a request under 10 CFR 430.27(g) to
extend the scope of the waiver in Case
Number RF–043 to a new basic model,
PR5181JKBC. PAPRSA stated that the
new basic model employs the same
technology as the basic models set forth
in the original petition for waiver.
Specifically, PAPRSA stated that basic
model PR5181JKBC employs the same
wine compartment—beverage
compartment technology and design
characteristics as the basic models for
which the original waiver was granted
and that the basic model uses a heater
that prevents the wine-chiller
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
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compartment temperature from falling
below 42 °F.
DOE has reviewed PAPRSA’s waiver
extension request in Case Number RF–
043. Based on this review, DOE has
determined that the basic model
specified in PAPRSA’s current waiver
extension request incorporates the same
design characteristics as those basic
models covered under the waiver in
Case Number RF–043 such that the DOE
test procedure evaluates that basic
model in a manner that is
unrepresentative of its actual energy
use. DOE also determined that applying
the alternate procedure specified in
Case Number RF–043 will allow for the
accurate measurement of the energy use
of the consumer refrigerator basic model
identified by PAPRSA in its waiver
extension request.
III. Order
After careful consideration of all the
material submitted by PAPRSA in this
matter, it is Ordered that:
(1) PAPRSA must, as of the date of
publication of this Extension of Waiver
in the Federal Register, test and rate the
combination cooler-refrigerator basic
model PR5181JKBC as set forth in
paragraph (2).
(2) The alternate test procedure for the
basic model listed in paragraph (1) is
the test procedure in 10 CFR part 430,
subpart B, appendix A, with the
exception that PAPRSA must calculate
energy consumption using a correction
factor (‘‘K-factor’’) of 0.85, as follows.
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¥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.
(3) Representations. PAPRSA may not
make representations about the energy
consumption of the combination coolerrefrigerator identified in paragraph (1) of
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this section for compliance, marketing,
or other purposes unless that basic
model has been tested in accordance
with the provisions set forth above and
such representations fairly disclose the
results of such testing.
(4) This Extension of Waiver shall
remain in effect consistent with the
provisions of 10 CFR 430.27. This Order
will terminate on October 28, 2019, in
conjunction with the compliance date
that applies to the standards published
on October 28, 2016 for miscellaneous
refrigeration products (‘‘MREFs’’). See
81 FR 75194 (Oct. 28, 2016). 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).
(5) This Extension of Waiver is issued
on the condition that the statements,
representations, and documents
provided by PAPRSA are valid. If
PAPRSA makes any modifications to the
controls or configurations of these basic
models, the waiver will no longer be
valid and PAPRSA will either be
required to use the current Federal test
method or submit a new application for
a test procedure waiver. DOE may
rescind or modify this Extension of
Waiver at any time if it determines the
factual basis underlying the petition for
extension of waiver is incorrect, or the
results from the alternate test procedure
are unrepresentative of the basic
models’ true energy consumption
characteristics. 10 CFR 430.27(k)(1).
Likewise, PAPRSA may request that
DOE rescind or modify the Extension of
Waiver if the petitioner discovers an
error in the information provided to
DOE as part of its petition, determines
that the Extension of Waiver is no
longer needed, or for other appropriate
reasons. 10 CFR 430.27(k)(2).
(6) Granting of this Extension of
Waiver does not release PAPRSA from
the certification requirements set forth
at 10 CFR part 429.
Signed in Washington, DC, on October 2,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2018–22003 Filed 10–9–18; 8:45 am]
BILLING CODE 6450–01–P
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50909
DEPARTMENT OF ENERGY
Request for Public Comment on the
U.S. Department of Energy
Interpretation of High-Level
Radioactive Waste
Office of Environmental
Management, U.S. Department of
Energy.
ACTION: Notice of public comment
period.
AGENCY:
The U.S. Department of
Energy (DOE or the Department)
provides this Notice and request for
public comment on its interpretation of
the definition of the statutory term
‘‘high-level radioactive waste’’ (HLW) as
set forth in the Atomic Energy Act of
1954 and the Nuclear Waste Policy Act
of 1982. This statutory term indicates
that not all wastes from the reprocessing
of spent nuclear fuel (‘‘reprocessing
wastes’’) are HLW, and DOE interprets
the statutory term such that some
reprocessing wastes may be classified as
not HLW (non-HLW) and may be
disposed of in accordance with their
radiological characteristics.
DATES: DOE invites stakeholders to
submit written comments on its
interpretation. The 60-day public
comment period begins on October 10,
2018 and ends on December 10, 2018.
Only comments received through one of
the methods described below will be
accepted. DOE will consider all
comments received or postmarked by
December 10, 2018.
ADDRESSES: Please direct comments to:
(a) Email: Send comments to
HLWnotice@em.doe.gov. Please submit
comments in MicrosoftTM Word, or PDF
file format, and avoid the use of
encryption.
(b) Mail: Send to the following
address: Theresa Kliczewski, U.S.
Department of Energy, Office of
Environmental Management, Office of
Waste and Materials Management (EM–
4.2), 1000 Independence Avenue SW,
Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT:
Theresa Kliczewski at HLWnotice@
em.doe.gov or at U.S. Department of
Energy, Office of Environmental
Management, Office of Waste and
Materials Management (EM–4.2), 1000
Independence Avenue SW, Washington,
DC 20585. Telephone: (202) 586–3301.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
DOE manages large inventories of
legacy waste resulting from spent
nuclear fuel (SNF) reprocessing
activities from atomic energy defense
programs, e.g., nuclear weapons
E:\FR\FM\10OCN1.SGM
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Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50907-50909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22003]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2018-008, EERE-2017-BT-WAV-0038]
Energy Conservation Program: Extension of Waiver to Panasonic
Appliances Refrigeration Systems Corporation of America (PAPRSA) From
the Department of Energy Consumer Refrigerator and Refrigerator-Freezer
Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of extension of waiver.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver
extension (Case Number 2018-008) to Panasonic Appliances Refrigeration
Systems Corporation of America (``PAPRSA'') to waive the requirements
of the DOE refrigerator and refrigerator-freezer test procedures for
determining the energy consumption of combination cooler-refrigerator
basic model PR5181JKBC. PAPRSA is required to test and rate this basic
model in accordance with the applicable DOE test procedure, with the
exception that it must calculate the specified basic model's energy
consumption using a correction factor (``K-factor'') of 0.85, as
specified in the Extension of Waiver.
DATES: This Extension of Waiver is effective October 10, 2018. The
Extension of Waiver will terminate on October 28, 2019, in conjunction
with the compliance date that applies to the published standards for
miscellaneous refrigeration products (``MREFs''). See 81 FR 75194 (Oct.
28, 2016).
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Email: [email protected].
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:
[email protected].
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(g)), DOE gives notice of the
issuance of an Extension of Waiver as set forth below. The Extension of
Waiver extends the Decision and Order granted to PAPRSA on May 5, 2017
(82 FR 21209, ``May 2017 Decision and Order'') to include PAPRSA
combination cooler-refrigerator basic model PR5181JKBC, as requested by
PAPRSA on June 26, 2018.\1\ PAPRSA must test and rate the specifically
identified combination cooler-refrigerator basic model in accordance
with the alternate test procedure described in the May 2017 Decision
and Order. PAPRSA's representations concerning the energy consumption
of the specified basic model must be based on testing according to the
provisions and restrictions in the alternate test procedure set forth
in the May 2017 Decision and Order, and the representations must fairly
disclose the test results. Distributors, retailers, and
[[Page 50908]]
private labelers are held to the same requirements when making
representations regarding the energy consumption of this product. (42
U.S.C. 6293(c))
---------------------------------------------------------------------------
\1\ PAPRSA's request is available at https://regulations.gov in
docket ID EERE-2017-BT-WAV-0038.
---------------------------------------------------------------------------
DOE makes decisions on waiver extensions for only those basic
models specifically set out in the request, not future models that may
be manufactured by the petitioner. PAPRSA may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional basic models of combination cooler-
refrigerators. Alternatively, if appropriate, PAPRSA may request that
DOE extend the scope of a waiver to include additional basic models
employing the same technology as the basic model(s) set forth in the
original petition consistent with 10 CFR 430.27(g).
Signed in Washington, DC, on October 2, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Case Number 2018-008--Extension of Waiver
I. Background and Authority
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\1\ (42 U.S.C. 6291-6317), among other things, authorizes
DOE to regulate the energy efficiency of a number of consumer products
and industrial equipment. Title III, Part B \2\ EPCA established the
Energy Conservation Program for Consumer Products Other Than
Automobiles, which sets forth a variety of provisions designed to
improve energy efficiency for certain types of consumer products. These
products include consumer refrigerators and refrigerator-freezers, the
focus of this extension. (42 U.S.C. 6292(a)(1)).
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42 U.S.C.
6291), energy conservation standards (42 U.S.C. 6295), test procedures
(42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the
authority to require information and reports from manufacturers. (42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of these products
(42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s)).
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect the energy efficiency, energy use or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use and requires that test procedures
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3) The test
procedure for refrigerators and refrigerator-freezers is contained in
10 CFR part 430, subpart B, appendix A, Uniform Test Method for
Measuring the Energy Consumption of Refrigerators, Refrigerator-
Freezers, and Miscellaneous Refrigeration Products (``appendix A'').
Under 10 CFR 430.27, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy or water consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions,
including adherence to alternate test procedures. Id.
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. 10
CFR 430.27(g). DOE will publish any such extension in the Federal
Register. Id.
II. Request for an Extension of Waiver: Assertions and Determinations
DOE issued a Decision and Order in Case Number RF-043 granting
PAPRSA a waiver to test its basic models PR6180WBC, KBCS24RSBS,
SR6180BC, SR5180JBC, and PR5180JKBC using an alternate test procedure.
82 FR 21209 (May 5, 2017) (``May 2017 Decision and Order''). PAPRSA
requested that it be permitted to use a modified version of the test
procedure that would specify a higher standardized temperature for
testing wine chiller compartments as opposed to the standardized
compartment temperature of 39 degrees Fahrenheit ([deg]F) for
refrigerators, and use of a correction factor of 0.85 when calculating
energy consumption. PAPRSA stated that it designed these models to
provide an average temperature of 55 to 57 [deg]F, which it determined
is a commonly recommended temperature for wine storage, suggesting that
this temperature is presumed to be representative of expected consumer
use. 81 FR 4270, 4271 (February 25, 2016).
Based on its review of the information provided by PAPRSA, DOE
determined that appendix A addresses the temperature issue identified
by PAPRSA based on the amendments incorporated from the miscellaneous
refrigeration products (``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). As
specified in the May 5, 2017 Decision and Order, DOE also identified
the formulas in appendix A that, for purposes of the waiver, should
incorporate a 0.85 correction factor (the correction factor accounts
for the thermal load from loading warm items and from door openings).
82 FR at 21210. On August 4, 2017, in response to a request from
PAPRSA, DOE issued a Decision and Order (Case Number RF-047) extending
the waiver to include basic model PR5181WBC. 82 FR 36386.
On June 26, 2018, PAPRSA submitted a request under 10 CFR 430.27(g)
to extend the scope of the waiver in Case Number RF-043 to a new basic
model, PR5181JKBC. PAPRSA stated that the new basic model employs the
same technology as the basic models set forth in the original petition
for waiver. Specifically, PAPRSA stated that basic model PR5181JKBC
employs the same wine compartment--beverage compartment technology and
design characteristics as the basic models for which the original
waiver was granted and that the basic model uses a heater that prevents
the wine-chiller
[[Page 50909]]
compartment temperature from falling below 42 [deg]F.
DOE has reviewed PAPRSA's waiver extension request in Case Number
RF-043. Based on this review, DOE has determined that the basic model
specified in PAPRSA's current waiver extension request incorporates the
same design characteristics as those basic models covered under the
waiver in Case Number RF-043 such that the DOE test procedure evaluates
that basic model in a manner that is unrepresentative of its actual
energy use. DOE also determined that applying the alternate procedure
specified in Case Number RF-043 will allow for the accurate measurement
of the energy use of the consumer refrigerator basic model identified
by PAPRSA in its waiver extension request.
III. Order
After careful consideration of all the material submitted by PAPRSA
in this matter, it is Ordered that:
(1) PAPRSA must, as of the date of publication of this Extension of
Waiver in the Federal Register, test and rate the combination cooler-
refrigerator basic model PR5181JKBC as set forth in paragraph (2).
(2) The alternate test procedure for the basic model listed in
paragraph (1) is the test procedure in 10 CFR part 430, subpart B,
appendix A, with the exception that PAPRSA must calculate energy
consumption using a correction factor (``K-factor'') of 0.85, as
follows.
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-TW1)/(TW2-
TW1)]) x 0.85 + IET
Energy consumption of the ``fresh food compartment'':
EFreshFood Compartment = (ET1 + [(ET2-ET1) x (39 [deg]F-TBC1)/
(TBC2-TBC1)]) x 0.85 + IET.
(3) Representations. PAPRSA may not make representations about the
energy consumption of the combination cooler-refrigerator identified in
paragraph (1) of this section for compliance, marketing, or other
purposes unless that basic model has been tested in accordance with the
provisions set forth above and such representations fairly disclose the
results of such testing.
(4) This Extension of Waiver shall remain in effect consistent with
the provisions of 10 CFR 430.27. This Order will terminate on October
28, 2019, in conjunction with the compliance date that applies to the
standards published on October 28, 2016 for miscellaneous refrigeration
products (``MREFs''). See 81 FR 75194 (Oct. 28, 2016). 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).
(5) This Extension of Waiver is issued on the condition that the
statements, representations, and documents provided by PAPRSA are
valid. If PAPRSA makes any modifications to the controls or
configurations of these basic models, the waiver will no longer be
valid and PAPRSA will either be required to use the current Federal
test method or submit a new application for a test procedure waiver.
DOE may rescind or modify this Extension of Waiver at any time if it
determines the factual basis underlying the petition for extension of
waiver is incorrect, or the results from the alternate test procedure
are unrepresentative of the basic models' true energy consumption
characteristics. 10 CFR 430.27(k)(1). Likewise, PAPRSA may request that
DOE rescind or modify the Extension of Waiver if the petitioner
discovers an error in the information provided to DOE as part of its
petition, determines that the Extension of Waiver is no longer needed,
or for other appropriate reasons. 10 CFR 430.27(k)(2).
(6) Granting of this Extension of Waiver does not release PAPRSA
from the certification requirements set forth at 10 CFR part 429.
Signed in Washington, DC, on October 2, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
[FR Doc. 2018-22003 Filed 10-9-18; 8:45 am]
BILLING CODE 6450-01-P