Energy Conservation Program: Extension of Waiver to GE Appliances, a Haier Company From the Department of Energy Consumer Refrigeration Products Test Procedure, 73466-73470 [2020-25435]

Download as PDF 73466 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Notices Hanford, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Gary Younger at least seven days in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or within five business days after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Gary Younger. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments. Minutes: Minutes will be available by writing or calling Gary Younger’s office at the address or telephone number listed above. Minutes will also be available at the following website: https://www.hanford.gov/page.cfm/hab/ FullBoardMeetingInformation. Signed in Washington, DC, on November 12, 2020. LaTanya Butler, Deputy Committee Management Officer. [FR Doc. 2020–25409 Filed 11–17–20; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY [Case Number 2020–007, EERE–2014–BT– WAV–0038] Energy Conservation Program: Extension of Waiver to GE Appliances, a Haier Company From the Department of Energy Consumer Refrigeration Products Test Procedure Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Extension of waiver. AGENCY: The U.S. Department of Energy (‘‘DOE’’) is granting a waiver extension (Case No. 2020–007) to GE Appliances, a Haier Company (‘‘GEA’’) from specified portions of the DOE consumer refrigeration products test procedure for determining the energy consumption of the specified GEA combination cooler refrigeration product basic model. Under this extension, GEA is required to test and rate the specified basic model in khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:59 Nov 17, 2020 Jkt 253001 accordance with the alternate test procedure specified in the Order. DATES: The Extension of Waiver is effective on November 18, 2020. The Extension of Waiver will terminate upon the compliance date of any future amendment to the test procedure for consumer refrigeration products located in 10 CFR part 430, subpart B, appendix A that addresses the issues presented in this waiver. At such time, GEA must use the relevant test procedure for the specified basic model of combination cooler refrigeration product for any testing to demonstrate compliance with standards, and any other representations of energy use. 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 20585–0121. 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 GEA (then GE Appliances) on February 12, 2015 (80 FR 7851, ‘‘February 2015 Decision and Order’’) to include GEA basic model G30W_C–9I–BI_N, as requested by GEA on June 29, 2020.1 GEA must test and rate the specifically identified G30W_C–9I–BI_N basic model in accordance with the alternate test procedure specified in the February 2015 Decision and Order. GEA’s representations concerning the energy consumption of the specified basic models must be based on testing according to the provisions and restrictions in the alternate test procedure set forth in the February 2015 Decision and Order, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same requirements when making representations regarding the energy consumption of these products. (42 U.S.C. 6293(c)) DOE makes decisions on waiver extensions for only those basic models 1 GEA’s request is available at https:// www.regulations.gov/document?D=EERE-2014-BTWAV-0038-0004. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 specifically set out in the request, not future models that may be manufactured by the petitioner. GEA may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of consumer refrigeration products. Alternatively, if appropriate, GEA 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). Signing Authority This document of the Department of Energy was signed on November 12, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on November 13, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. Case Number 2020–007 Extension of Waiver I. Background and Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’) 1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291–6317) Title III, Part B 2 of 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 refrigerators, refrigerator-freezers, freezers. (42 U.S.C. 6292(a)(1)) EPCA also contains provisions that enable the Secretary of 1 All references to EPCA in this document refer to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 (Oct. 23, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. E:\FR\FM\18NON1.SGM 18NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Notices Energy to classify additional types of consumer products as covered products. (42 U.S.C. 6292(a)(20)) In a final determination of coverage published in the Federal Register on July 18, 2016 (the ‘‘July 2016 Final Coverage Determination’’), DOE classified miscellaneous refrigeration products (‘‘MREFs’’) as covered products under EPCA. 81 FR 46768. MREFs are consumer refrigeration products other than refrigerators, refrigerator-freezers, or freezers, which include coolers and combination cooler refrigeration products. 10 CFR 430.2. Combination cooler refrigeration products (e.g., wine chillers combined with a refrigerator, freezer, or refrigerator-freezer) are the subject of this extension. The energy conservation program under EPCA 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 that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the product complies 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 any test procedures prescribed or amended under this section must be reasonably designed to produce test results that 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, refrigerator-freezers, coolers, and combination cooler refrigeration products is contained in 10 CFR part 430, subpart B, appendix A— Uniform Test Method for Measuring the Energy Consumption of Refrigerators, Refrigerator-Freezers, and VerDate Sep<11>2014 17:59 Nov 17, 2020 Jkt 253001 Miscellaneous Refrigeration Products (‘‘Appendix A’’). Any interested person may submit a petition for waiver from DOE’s test procedure requirements. 10 CFR 430.27(a)(1). 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, without limiting an extension to products of the same class. 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 On February 12, 2015, DOE issued a Decision and Order in Case Number RF– 042 granting GEA a waiver to test certain consumer refrigerator-freezer basic models subject to the original Decision and Order using an alternate test procedure. 80 FR 7851 (‘‘February 2015 Decision and Order’’).3 GEA stated that its refrigerator-freezers with a dualcompressor design were not properly accounted for in DOE’s final test procedure rule published on April 21, 2014 (78 FR 22320) because these basic models demonstrate non-uniform cycling of their compressors, which prevents the verification of two criteria in the Appendix A test procedure—to ensure (a) that the first part of the test comprises a period of stable operation, and (b) that the second part of the test (used to measure the energy use contribution of the defrost cycle(s)) both starts and ends during periods of stable operation. 80 FR 7852. Based on its review, including of the information provided by GEA, DOE determined that the current test procedure at Appendix A would evaluate the refrigerator-freezer basic models specified in the February 2015 3 The basic models subject to the February 2015 Decision and Order are ZIC30***** and ZIK30*****. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 73467 Decision and Order in a manner so unrepresentative of their true energy consumption characteristics as to provide materially inaccurate comparative data. 80 FR 7852–7853. The February 2015 Decision and Order specifies that GEA must test and rate the subject basic models such that the stability requirements for the first part of the test are adapted to dualcompressor cycling and the period selection and duration for the second part of the test are adapted to dualcompressor cycling and defrosting. Id. Additionally, the unit must be run for a stabilization period of at least 24 hours preceding the test at each temperature control setting, and the test measurement frequency requirements made more stringent to a maximum of 1 minute per sample. Id. On June 29, 2020, GEA submitted a petition for waiver and interim waiver for a certain basic model of a combination cooler refrigeration product, which uses the same dualcompressor technology with nonuniform compressor cycling as the residential refrigerator-freezer basic models subject to the February 2015 Decision and Order. Both combination cooler refrigeration products and refrigeration-freezers must be tested according to Appendix A. 10 CFR 430.23(a) and (ff). In its June 29, 2020 petition, GEA suggested the same alternate test procedure as prescribed in the February 2015 Decision and Order be used for the subject basic model. For these reasons, DOE is treating this petition for waiver and interim waiver as a request for an extension under 10 CFR 430.27(g) and that the scope of the waiver, Case Number RF–042, be extended to the GEA cooler-freezer basic model G30W_C–9I–BI_N. DOE is publishing at the end of this document GEA’s request for extension of waiver in its entirety. DOE has reviewed GEA’s waiver extension request and determined that the G30W_C–9I–BI_N basic model identified in GEA’s request incorporates the same design characteristics as those basic models covered under the waiver in Case Number RF–042 such that the test procedure evaluates that basic model in a manner that is unrepresentative of its actual energy use. The basic model G30W_C–9I–BI_N specified in GEA’s request is a combination cooler refrigeration product (a cooler-freezer). As noted, the specified combination cooler refrigeration product is subject to testing according to Appendix A, the Federal test procedure from which GEA was granted a waiver in Case Number RF– 042. Moreover, the subject basic model E:\FR\FM\18NON1.SGM 18NON1 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Notices uses the same technology as the basic models of refrigerator-freezers subject to the alternate test procedure specified in the February 2015 Decision and Order. DOE has determined that the alternate procedure specified in the February 2015 Decision and Order will allow for the accurate measurement of the energy use of the combination cooler refrigeration product basic model identified by GEA in its waiver extension request. III. Order Where: cycles comprising at least 18 hours. The test period shall start at the end of a regular freezer compressor on-cycle after the previous defrost occurrence (cooler or freezer). The test period also includes the target defrost and following freezer compressor cycles, ending at the end of a freezer compressor on-cycle before the next defrost occurrence (cooler or freezer). Test Measurement Frequency: Measurements shall be taken at regular intervals not exceeding 1 minute. (3) Representations. GEA may make representations about the energy use of the basic model listed in paragraph (1) of this Order for compliance, marketing, or other purposes only to the extent that the basic model has been tested in accordance with the provisions of paragraph (2) of this Order and such representations fairly disclose the results of such testing. (4) This Extension of Waiver shall remain in effect according to 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 GEA are valid. If GEA makes any modifications to the controls or configurations of the basic model, the waiver will no longer be valid and GEA 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 (and/or the underlying Order issued in Case Number RF– 042) at any time if it determines the factual basis underlying the petition for extension of waiver (and/or the underlying Order issued in Case Number RF–042) is incorrect, or the results from the alternate test procedure are unrepresentative of a basic model’s true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, GEA may request that DOE rescind or modify the Extension of Waiver (and/or the underlying Order issued in Case Number RF–042) if GEA discovers an error in the information provided to DOE as part of its petition, determines that the waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2). • ET is the test cycle energy (kWh/day); • 1440 = number of minutes in a day; • EP1 is the dual compressor energy expended during the first part of the test. (If at least one compressor cycles, the test period for the first part of the test shall include a whole number of complete primary compressor cycles comprising at least 24 hours of stable operation, unless a defrost occurs prior to completion of 24 hours of stable operation, in which case the first part of the test shall include a whole number of complete primary compressor cycles comprising at least 18 hours of stable operation); • T1 is the length of time for EP1 (minutes); • D is the total number of compartments with distinct defrost systems; • i is the variable that equals to 1, 2 or more that identifies the compartment with a distinct defrost system; • EP2i is the total energy consumed during the second (defrost) part of the test being conducted for compartment i (kWh); • T2i is the length of time for the second (defrost) part of the test being conducted for compartment i (minutes); • 12 = conversion factor to adjust for a 50% run-time of the compressor in hours/day; • CTi is the compressor on-time between defrosts for only compartment i. CTi for compartment i with a long time automatic defrost system is calculated as per 10 CFR part 430, subpart B, appendix A, clause 5.2.1.2. CTi for compartment i with a variable defrost system is calculated as per 10 CFR part 430 subpart B, appendix A, clause 5.2.1.3 (hours rounded to the nearest tenth of an hour). Stabilization: The test shall start after a minimum 24 hours stabilization run for each temperature control setting. Test Period for EP2i, T2i: EP2i includes precool, defrost, and recovery time for compartment i, as well as sufficient dual compressor cycles to allow T2i to be at least 24 hours, unless a defrost occurs prior to completion of 24 hours, in which case the second part of the test shall include a whole number of complete primary compressor VerDate Sep<11>2014 17:59 Nov 17, 2020 Jkt 253001 Brand After careful consideration of all the material submitted by GEA in this matter, it is ordered that: (1) GEA must, as of the date of publication of this Extension of Waiver in the Federal Register, test and rate the following basic model with the alternate test procedure as set forth in paragraph (2): PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 GE .............. Basic model G30W_C–9I–BI_N. (2) The alternate test procedure for the GEA basic model referenced in paragraph (1) of this Order is the test procedure for refrigerators, refrigeratorfreezers, and miscellaneous refrigeration products prescribed by DOE at 10 CFR part 430, subpart B, appendix A, with the following modifications: The energy consumption shall be determined as follows: (6) GEA remains obligated to fulfill any applicable requirements set forth at 10 CFR part 429. Signed in Washington, DC, on November 12, 2020. Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency and Renewable Energy. John T. Schlafer Senior Counsel Appliance Park—AP2–225 Louisville, KY 40225 T: (502) 452–7603 F: (502) 452–0347 john.schlafer@geappliances.com June 29, 2020 Via Email (AS_Waiver_Requests@ ee.doe.gov) Mr. Daniel Simmons Assistant Secretary of Energy Efficiency and Renewable Energy U.S. Department of Energy Building Technologies Program, Test Procedure Waiver 1000 Independence Avenue SW Mailstop EE–5B Washington, DC 20585 Re: Petition for Waiver & Application for Interim Waiver Regarding Test Procedure for Measuring the Energy Consumption of Refrigerators, Refrigerator-Freezers, and Miscellaneous Refrigeration Products Dear Asst. Sec. Simmons: GE Appliances, a Haier company (GEA) respectfully submits this Petition for Waiver and Application for Interim Waiver from the Department of Energy (DOE) test procedure for Miscellaneous Refrigeration Products in 10 CFR 430 Subpart B, Appendix A. GEA’s request is fully consistent with the previously granted waiver provided to GEA under Case Number RF–042, 80 FR 7851. GEA requests this waiver and interim waiver for the same reason as its E:\FR\FM\18NON1.SGM 18NON1 EN18NO20.000</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 73468 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Notices 1. About GE Appliances GEA is a leading US manufacturer of home appliances. GEA offers a full suite of major appliances across seven brands as well as portable appliances. GEA has been a participant in and contributor to the DOE’s home appliance energy conservation program since its founding more than 40 years ago. Indeed, GEA supports the goal of the appliance efficiency program: Maximizing energy savings improvements that offer consumers real economic benefits and that do not diminish product performance. GEA devotes substantial resources to the development of new technologies to increase energy efficiency where they are feasible and engineering products to meet the demanding DOE energy efficiency requirements. 2. Basic Models for Which a Waiver Is Requested This Petition for Waiver and Application for Interim Waiver covers the combination cooler refrigeration product basic model listed below. 5. Manufacturers of All Other Basic Models With Similar Design Characteristics To GEA’s knowledge, the only other models with similar design characteristic are those listed in GEA’s previously granted waiver, which is cited above. 6. The Proposed Alternate Test Procedure Has Been Approved by DOE GEA requests that the alternate test procedure prescribed by DOE in the GEA waiver order at 80 FR 7851–7854 be used to measure the energy efficiency for the basic model referenced above. The alternate test procedure instructions for this waiver are included in Exhibit A. They are identical to the alternate test procedure approved by DOE in 80 FR 7851–7854. will evaluate the performance of the models in a manner representative of the actual energy consumption. b. Failure To Provide an Interim Waiver Will Cause Economic Hardship and Competitive Disadvantage If DOE does not promptly grant an interim waiver, GEA will likely be unable to test and certify this model within a commercially reasonable time. Such delay will prevent effective competition within the marketplace and place GEA at an unfair competitive disadvantage. 8. Notice to Other Manufacturers Pursuant to 10 CFR 430.27(c), upon publication of a grant of interim waiver, GEA will notify in writing all known manufacturers of domestically marketed basic models of the same product class (as specified in 10 CFR 430.32) and of other product classes known to the petitioner to use the technology or have the characteristic at issue in the waiver. The notice will include a statement that DOE has published the interim waiver and petition for waiver in the Federal Register and the date the petition for waiver was published. The notice will also include a statement that DOE will receive and consider timely written comments on the petition for waiver. Within five working days of publication of the grant of interim waiver, GEA will file with DOE a statement certifying the names and addresses of each person to whom a notice of the petition for waiver was sent. 9. Conclusion The basic model listed utilizes a dual compressor design. The non-uniform compressor cycling makes direct use of the Appendix A requirements for evaluating temperature stability problematic, if not impossible. a. The Petition for Waiver Will Likely Be Successful This Petition for Waiver is likely to be granted as an identical waiver has already been granted to GEA. The alternate test procedure, previously approved by DOE, is applicable to the basic models’ design characteristics and GEA respectfully requests that DOE grant this Petition for Waiver and Application for Interim Waiver from the current test procedure for the specified basic models. As DOE has already reviewed and approved an identical request for GEA, GEA requests expedited review and approval of the application for Interim Waiver. Very truly yours, /s/ John T. Schlafer Attachments: Exhibit A—Alternate Test Procedure Page 4 Mr. Daniel Simmons EXHIBIT A: Alternate Test Procedure for Multiple-compressor Products with Automatic Defrost Where: —ET is the test cycle energy (kWh/day); —1440 = number of minutes in a day Product Class C–9I–BI, Built-in cooler with upright freezer with automatic defrost with an automatic icemaker G30W_C–9I–BI_N The basic model will be distributed in commerce under the brand name ‘‘Monogram’’. 3. Design Characteristic Constituting Grounds for the Petition khammond on DSKJM1Z7X2PROD with NOTICES 4. Requirements Sought To Be Waived The current test procedure in Appendix A for Multiple-Compressor Products with Automatic Defrost, 4.2.3.4.2 requires that ‘‘For each compressor system, the compartment temperature averages for the first and last complete compressor cycles that lie completely within the second part of the test must be within 0.5 °F (0.3 °C) of the average compartment temperature measured for the first part of the test.’’ The non-uniform compressor cycles of this product prevent consistent application of these requirements. As DOE stated when granting GEA’s previous petition, ‘‘DOE has reviewed the alternate test 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 GE’s implementation of a dual compressor system’’. (80 FR 7853). Without a waiver, the basic models referenced above cannot be accurately tested and rated for energy consumption. VerDate Sep<11>2014 17:59 Nov 17, 2020 Jkt 253001 7. The Application for Interim Waiver Should Be Granted PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\18NON1.SGM 18NON1 EN18NO20.001</GPH> previous waiver request: The current test procedure for dual compressor models is not applicable to GEA’s models that demonstrate non-uniform compressor cycling. GEA requests expedited treatment of this Petition and Application as DOE has considered this exact issue before and approved the petition. This supplemental waiver request is filed only to add new basic models to the existing waiver. 73469 73470 Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Notices —EP1 is the dual compressor energy expended during the first part of the test (If at least one compressor cycles, the test period for the first part of the test shall include a whole number of complete primary compressor cycles comprising at least 24 hours of stable operation, unless a defrost occurs prior to completion of 24 hours of stable operation, in which case the first part of the test shall include a whole number of complete primary compressor cycles comprising at least 18 hours of stable operation); —T1 is the length of time for EP1 (minutes); —D is the total number of compartments with distinct defrost systems; —i is the variable that can equal to 1, 2 or more that identifies the compartment with distinct defrost system; —EP2i is the total energy consumed during the second (defrost) part of the test being conducted for compartment i. (kWh); —T2i is the length of time (minutes) for the second (defrost) part of the test being conducted for compartment i. —12 = conversion factor to adjust for a 50% run-time of the compressor in hours/day —CTi is the compressor-on time between defrosts for only compartment i. CTi for compartment i with long time automatic defrost system is calculated as per 10 CFR part 430, subpart B, Appendix A clause 5.2.1.2. CTi for compartment i with variable defrost system is calculated as per 10 CFR part 430 subpart B, Appendix A clause 5.2.1.3. (hours rounded to the nearest tenth of an hour). Stabilization: The test shall start after a minimum 24 hours stabilization run for each temperature control setting. Test Period for EP2i, T2i: EP2i includes precool, defrost, and recovery time for compartment i, as well as sufficient dual compressor cycles to allow T2i to be at least 24 hours, unless a defrost occurs prior to completion of 24 hours, in which case the second part of the test shall include a whole number of complete primary compressor cycles comprising at least 18 hours. The test period shall start at the end of a regular freezer compressor on-cycle after the previous defrost occurrence (refrigerator or freezer). The test period also includes the target defrost and following freezer compressor cycles, ending at the end of a freezer compressor on-cycle before the next defrost occurrence (refrigerator or freezer). Test Measurement Frequency: Measurements shall be taken at regular intervals not exceeding 1 minute. [FR Doc. 2020–25435 Filed 11–17–20; 8:45 am] BILLING CODE 6450–01–P khammond on DSKJM1Z7X2PROD with NOTICES DEPARTMENT OF ENERGY Proposed Agency Information Collection Office of Legacy Management, U.S. Department of Energy. ACTION: Notice and request for comments. AGENCY: The Department of Energy (DOE) has submitted an information SUMMARY: VerDate Sep<11>2014 17:59 Nov 17, 2020 Jkt 253001 collection request to the OMB for a new collection under the provisions of the Paperwork Reduction Act of 1995. The information collection would create an evergreen webform for meeting room requests from stakeholders for the Office of Legacy Management (LM) Interpretive Centers. DATES: Comments regarding this proposed information collection must be received on or before December 17, 2020. If you anticipate difficulty in submitting comments within that period, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at (202) 395–4718. ADDRESSES: Written comments may be sent to the DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street NW, Washington, DC 20503; and to: Elizabeth Tran, U.S. Department of Energy, Office of Legacy Management, 11035 Dover Street, Suite 600, Westminster, CO 80021, or by email at elizabeth.tran@lm.doe.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to U.S. Department of Energy Office of Legacy Management, c/o Elizabeth Tran, 11035 Dover Street, Suite 600, Westminster, CO 80021, (720) 377–9674, or by email at elizabeth.tran@ lm.doe.gov. SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. This information collection request contains: (1) OMB No.: New; (2) Information Collection Request Title: Office of Legacy Management Interpretive Centers’ Meeting Room Webforms; (3) Type of Request: New; (4) Purpose: To create an evergreen webform for meeting room requests from stakeholders for the Office of Legacy Management (LM) Interpretive PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Centers; (5) Annual Estimated Number of Respondents: 234; (6) Annual Estimated Number of Total Responses: 234; (7) Annual Estimated Number of Burden Hours: 234; (8) Annual Estimated Reporting and Recordkeeping Cost Burden: $14,941.16. Statutory Authority Division A, Title III, and 132 STAT. 2913 of Public Law 115–244: Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019. • Act Enacted FY 2019 appropriations for DOE Office of Legacy Management’s mission of Long-Term Stewardship which includes outreach activities required to operate the interpretative centers. Division C, Title III, and 133 STAT. 2675 of Public Law 116–94: Further Consolidated Appropriations Act, 2020. • Act Enacted FY 2020 appropriations for DOE Office of Legacy Management’s mission of Long-Term Stewardship which includes outreach activities required to operate the interpretative centers. Signing Authority This document of the Department of Energy was signed on November 12, 2020, by Carmelo Melendez, Director, Office of Legacy Management, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on November 13, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2020–25406 Filed 11–17–20; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Basic Energy Sciences Advisory Committee; Meeting Office of Science, Department of Energy. ACTION: Notice of open meeting. AGENCY: This notice announces a meeting of the Basic Energy Sciences SUMMARY: E:\FR\FM\18NON1.SGM 18NON1

Agencies

[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Notices]
[Pages 73466-73470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25435]


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DEPARTMENT OF ENERGY

[Case Number 2020-007, EERE-2014-BT-WAV-0038]


Energy Conservation Program: Extension of Waiver to GE 
Appliances, a Haier Company From the Department of Energy Consumer 
Refrigeration Products Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Extension of waiver.

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SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver 
extension (Case No. 2020-007) to GE Appliances, a Haier Company 
(``GEA'') from specified portions of the DOE consumer refrigeration 
products test procedure for determining the energy consumption of the 
specified GEA combination cooler refrigeration product basic model. 
Under this extension, GEA is required to test and rate the specified 
basic model in accordance with the alternate test procedure specified 
in the Order.

DATES: The Extension of Waiver is effective on November 18, 2020. The 
Extension of Waiver will terminate upon the compliance date of any 
future amendment to the test procedure for consumer refrigeration 
products located in 10 CFR part 430, subpart B, appendix A that 
addresses the issues presented in this waiver. At such time, GEA must 
use the relevant test procedure for the specified basic model of 
combination cooler refrigeration product for any testing to demonstrate 
compliance with standards, and any other representations of energy use.

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 20585-0121. 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 GEA (then GE 
Appliances) on February 12, 2015 (80 FR 7851, ``February 2015 Decision 
and Order'') to include GEA basic model G30W_C-9I-BI_N, as requested by 
GEA on June 29, 2020.\1\ GEA must test and rate the specifically 
identified G30W_C-9I-BI_N basic model in accordance with the alternate 
test procedure specified in the February 2015 Decision and Order. GEA's 
representations concerning the energy consumption of the specified 
basic models must be based on testing according to the provisions and 
restrictions in the alternate test procedure set forth in the February 
2015 Decision and Order, and the representations must fairly disclose 
the test results. Distributors, retailers, and private labelers are 
held to the same requirements when making representations regarding the 
energy consumption of these products. (42 U.S.C. 6293(c))
---------------------------------------------------------------------------

    \1\ GEA's request is available at https://www.regulations.gov/document?D=EERE-2014-BT-WAV-0038-0004.
---------------------------------------------------------------------------

    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. GEA may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of consumer refrigeration 
products. Alternatively, if appropriate, GEA 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).

Signing Authority

    This document of the Department of Energy was signed on November 
12, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on November 13, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case Number 2020-007

Extension of Waiver

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA'') \1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of 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 
refrigerators, refrigerator-freezers, freezers. (42 U.S.C. 6292(a)(1)) 
EPCA also contains provisions that enable the Secretary of

[[Page 73467]]

Energy to classify additional types of consumer products as covered 
products. (42 U.S.C. 6292(a)(20)) In a final determination of coverage 
published in the Federal Register on July 18, 2016 (the ``July 2016 
Final Coverage Determination''), DOE classified miscellaneous 
refrigeration products (``MREFs'') as covered products under EPCA. 81 
FR 46768. MREFs are consumer refrigeration products other than 
refrigerators, refrigerator-freezers, or freezers, which include 
coolers and combination cooler refrigeration products. 10 CFR 430.2. 
Combination cooler refrigeration products (e.g., wine chillers combined 
with a refrigerator, freezer, or refrigerator-freezer) are the subject 
of this extension.
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA 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 that product (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the product complies 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 any test procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results that 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, refrigerator-
freezers, coolers, and combination cooler refrigeration products 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'').
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 430.27(a)(1). 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, 
without limiting an extension to products of the same class. 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

    On February 12, 2015, DOE issued a Decision and Order in Case 
Number RF-042 granting GEA a waiver to test certain consumer 
refrigerator-freezer basic models subject to the original Decision and 
Order using an alternate test procedure. 80 FR 7851 (``February 2015 
Decision and Order'').\3\ GEA stated that its refrigerator-freezers 
with a dual-compressor design were not properly accounted for in DOE's 
final test procedure rule published on April 21, 2014 (78 FR 22320) 
because these basic models demonstrate non-uniform cycling of their 
compressors, which prevents the verification of two criteria in the 
Appendix A test procedure--to ensure (a) that the first part of the 
test comprises a period of stable operation, and (b) that the second 
part of the test (used to measure the energy use contribution of the 
defrost cycle(s)) both starts and ends during periods of stable 
operation. 80 FR 7852.
---------------------------------------------------------------------------

    \3\ The basic models subject to the February 2015 Decision and 
Order are ZIC30***** and ZIK30*****.
---------------------------------------------------------------------------

    Based on its review, including of the information provided by GEA, 
DOE determined that the current test procedure at Appendix A would 
evaluate the refrigerator-freezer basic models specified in the 
February 2015 Decision and Order in a manner so unrepresentative of 
their true energy consumption characteristics as to provide materially 
inaccurate comparative data. 80 FR 7852-7853. The February 2015 
Decision and Order specifies that GEA must test and rate the subject 
basic models such that the stability requirements for the first part of 
the test are adapted to dual-compressor cycling and the period 
selection and duration for the second part of the test are adapted to 
dual-compressor cycling and defrosting. Id. Additionally, the unit must 
be run for a stabilization period of at least 24 hours preceding the 
test at each temperature control setting, and the test measurement 
frequency requirements made more stringent to a maximum of 1 minute per 
sample. Id.
    On June 29, 2020, GEA submitted a petition for waiver and interim 
waiver for a certain basic model of a combination cooler refrigeration 
product, which uses the same dual-compressor technology with non-
uniform compressor cycling as the residential refrigerator-freezer 
basic models subject to the February 2015 Decision and Order. Both 
combination cooler refrigeration products and refrigeration-freezers 
must be tested according to Appendix A. 10 CFR 430.23(a) and (ff). In 
its June 29, 2020 petition, GEA suggested the same alternate test 
procedure as prescribed in the February 2015 Decision and Order be used 
for the subject basic model. For these reasons, DOE is treating this 
petition for waiver and interim waiver as a request for an extension 
under 10 CFR 430.27(g) and that the scope of the waiver, Case Number 
RF-042, be extended to the GEA cooler-freezer basic model G30W_C-9I-
BI_N. DOE is publishing at the end of this document GEA's request for 
extension of waiver in its entirety.
    DOE has reviewed GEA's waiver extension request and determined that 
the G30W_C-9I-BI_N basic model identified in GEA's request incorporates 
the same design characteristics as those basic models covered under the 
waiver in Case Number RF-042 such that the test procedure evaluates 
that basic model in a manner that is unrepresentative of its actual 
energy use. The basic model G30W_C-9I-BI_N specified in GEA's request 
is a combination cooler refrigeration product (a cooler-freezer). As 
noted, the specified combination cooler refrigeration product is 
subject to testing according to Appendix A, the Federal test procedure 
from which GEA was granted a waiver in Case Number RF-042. Moreover, 
the subject basic model

[[Page 73468]]

uses the same technology as the basic models of refrigerator-freezers 
subject to the alternate test procedure specified in the February 2015 
Decision and Order. DOE has determined that the alternate procedure 
specified in the February 2015 Decision and Order will allow for the 
accurate measurement of the energy use of the combination cooler 
refrigeration product basic model identified by GEA in its waiver 
extension request.

III. Order

    After careful consideration of all the material submitted by GEA in 
this matter, it is ordered that:
    (1) GEA must, as of the date of publication of this Extension of 
Waiver in the Federal Register, test and rate the following basic model 
with the alternate test procedure as set forth in paragraph (2):

------------------------------------------------------------------------
                   Brand                             Basic model
------------------------------------------------------------------------
GE........................................  G30W_C-9I-BI_N.
------------------------------------------------------------------------

    (2) The alternate test procedure for the GEA basic model referenced 
in paragraph (1) of this Order is the test procedure for refrigerators, 
refrigerator-freezers, and miscellaneous refrigeration products 
prescribed by DOE at 10 CFR part 430, subpart B, appendix A, with the 
following modifications:
    The energy consumption shall be determined as follows:
    [GRAPHIC] [TIFF OMITTED] TN18NO20.000
    
Where:

 ET is the test cycle energy (kWh/day);
 1440 = number of minutes in a day;
 EP1 is the dual compressor energy expended during the first 
part of the test. (If at least one compressor cycles, the test 
period for the first part of the test shall include a whole number 
of complete primary compressor cycles comprising at least 24 hours 
of stable operation, unless a defrost occurs prior to completion of 
24 hours of stable operation, in which case the first part of the 
test shall include a whole number of complete primary compressor 
cycles comprising at least 18 hours of stable operation);
 T1 is the length of time for EP1 (minutes);
 D is the total number of compartments with distinct defrost 
systems;
 i is the variable that equals to 1, 2 or more that 
identifies the compartment with a distinct defrost system;
 EP2i is the total energy consumed during the 
second (defrost) part of the test being conducted for compartment i 
(kWh);
 T2i is the length of time for the second 
(defrost) part of the test being conducted for compartment i 
(minutes);
 12 = conversion factor to adjust for a 50% run-time of the 
compressor in hours/day;
 CTi is the compressor on-time between defrosts 
for only compartment i. CTi for compartment i with a long 
time automatic defrost system is calculated as per 10 CFR part 430, 
subpart B, appendix A, clause 5.2.1.2. CTi for 
compartment i with a variable defrost system is calculated as per 10 
CFR part 430 subpart B, appendix A, clause 5.2.1.3 (hours rounded to 
the nearest tenth of an hour).
    Stabilization: The test shall start after a minimum 24 hours 
stabilization run for each temperature control setting.
    Test Period for EP2i, T2i: EP2i 
includes precool, defrost, and recovery time for compartment i, as 
well as sufficient dual compressor cycles to allow T2i to 
be at least 24 hours, unless a defrost occurs prior to completion of 
24 hours, in which case the second part of the test shall include a 
whole number of complete primary compressor cycles comprising at 
least 18 hours. The test period shall start at the end of a regular 
freezer compressor on-cycle after the previous defrost occurrence 
(cooler or freezer). The test period also includes the target 
defrost and following freezer compressor cycles, ending at the end 
of a freezer compressor on-cycle before the next defrost occurrence 
(cooler or freezer).
    Test Measurement Frequency: Measurements shall be taken at 
regular intervals not exceeding 1 minute.
    (3) Representations. GEA may make representations about the 
energy use of the basic model listed in paragraph (1) of this Order 
for compliance, marketing, or other purposes only to the extent that 
the basic model has been tested in accordance with the provisions of 
paragraph (2) of this Order and such representations fairly disclose 
the results of such testing.
    (4) This Extension of Waiver shall remain in effect according to 
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 GEA are 
valid. If GEA makes any modifications to the controls or 
configurations of the basic model, the waiver will no longer be 
valid and GEA 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 (and/or the 
underlying Order issued in Case Number RF-042) at any time if it 
determines the factual basis underlying the petition for extension 
of waiver (and/or the underlying Order issued in Case Number RF-042) 
is incorrect, or the results from the alternate test procedure are 
unrepresentative of a basic model's true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, GEA may request that 
DOE rescind or modify the Extension of Waiver (and/or the underlying 
Order issued in Case Number RF-042) if GEA discovers an error in the 
information provided to DOE as part of its petition, determines that 
the waiver is no longer needed, or for other appropriate reasons. 10 
CFR 430.27(k)(2).
    (6) GEA remains obligated to fulfill any applicable requirements 
set forth at 10 CFR part 429.

    Signed in Washington, DC, on November 12, 2020.
Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.

John T. Schlafer
Senior Counsel
Appliance Park--AP2-225
Louisville, KY 40225
T: (502) 452-7603
F: (502) 452-0347
[email protected]

June 29, 2020

Via Email ([email protected])

Mr. Daniel Simmons
Assistant Secretary of Energy Efficiency and Renewable Energy
U.S. Department of Energy
Building Technologies Program, Test Procedure Waiver
1000 Independence Avenue SW
Mailstop EE-5B
Washington, DC 20585

Re: Petition for Waiver & Application for Interim Waiver Regarding Test 
Procedure for Measuring the Energy Consumption of Refrigerators, 
Refrigerator-Freezers, and Miscellaneous Refrigeration Products

Dear Asst. Sec. Simmons:

    GE Appliances, a Haier company (GEA) respectfully submits this 
Petition for Waiver and Application for Interim Waiver from the 
Department of Energy (DOE) test procedure for Miscellaneous 
Refrigeration Products in 10 CFR 430 Subpart B, Appendix A. GEA's 
request is fully consistent with the previously granted waiver provided 
to GEA under Case Number RF-042, 80 FR 7851.
    GEA requests this waiver and interim waiver for the same reason as 
its

[[Page 73469]]

previous waiver request: The current test procedure for dual compressor 
models is not applicable to GEA's models that demonstrate non-uniform 
compressor cycling. GEA requests expedited treatment of this Petition 
and Application as DOE has considered this exact issue before and 
approved the petition. This supplemental waiver request is filed only 
to add new basic models to the existing waiver.

1. About GE Appliances

    GEA is a leading US manufacturer of home appliances. GEA offers a 
full suite of major appliances across seven brands as well as portable 
appliances. GEA has been a participant in and contributor to the DOE's 
home appliance energy conservation program since its founding more than 
40 years ago. Indeed, GEA supports the goal of the appliance efficiency 
program: Maximizing energy savings improvements that offer consumers 
real economic benefits and that do not diminish product performance. 
GEA devotes substantial resources to the development of new 
technologies to increase energy efficiency where they are feasible and 
engineering products to meet the demanding DOE energy efficiency 
requirements.

2. Basic Models for Which a Waiver Is Requested

    This Petition for Waiver and Application for Interim Waiver covers 
the combination cooler refrigeration product basic model listed below.

------------------------------------------------------------------------
    Product Class C-9I-BI, Built-in cooler with upright freezer with
              automatic defrost with an automatic icemaker
-------------------------------------------------------------------------
G30W_C-9I-BI_N
------------------------------------------------------------------------

    The basic model will be distributed in commerce under the brand 
name ``Monogram''.

3. Design Characteristic Constituting Grounds for the Petition

    The basic model listed utilizes a dual compressor design. The non-
uniform compressor cycling makes direct use of the Appendix A 
requirements for evaluating temperature stability problematic, if not 
impossible.

4. Requirements Sought To Be Waived

    The current test procedure in Appendix A for Multiple-Compressor 
Products with Automatic Defrost, 4.2.3.4.2 requires that ``For each 
compressor system, the compartment temperature averages for the first 
and last complete compressor cycles that lie completely within the 
second part of the test must be within 0.5 [deg]F (0.3 [deg]C) of the 
average compartment temperature measured for the first part of the 
test.'' The non-uniform compressor cycles of this product prevent 
consistent application of these requirements. As DOE stated when 
granting GEA's previous petition, ``DOE has reviewed the alternate test 
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 GE's implementation of a dual compressor 
system''. (80 FR 7853). Without a waiver, the basic models referenced 
above cannot be accurately tested and rated for energy consumption.

5. Manufacturers of All Other Basic Models With Similar Design 
Characteristics

    To GEA's knowledge, the only other models with similar design 
characteristic are those listed in GEA's previously granted waiver, 
which is cited above.

6. The Proposed Alternate Test Procedure Has Been Approved by DOE

    GEA requests that the alternate test procedure prescribed by DOE in 
the GEA waiver order at 80 FR 7851-7854 be used to measure the energy 
efficiency for the basic model referenced above.
    The alternate test procedure instructions for this waiver are 
included in Exhibit A. They are identical to the alternate test 
procedure approved by DOE in 80 FR 7851-7854.

7. The Application for Interim Waiver Should Be Granted

a. The Petition for Waiver Will Likely Be Successful

    This Petition for Waiver is likely to be granted as an identical 
waiver has already been granted to GEA. The alternate test procedure, 
previously approved by DOE, is applicable to the basic models' design 
characteristics and will evaluate the performance of the models in a 
manner representative of the actual energy consumption.

b. Failure To Provide an Interim Waiver Will Cause Economic Hardship 
and Competitive Disadvantage

    If DOE does not promptly grant an interim waiver, GEA will likely 
be unable to test and certify this model within a commercially 
reasonable time. Such delay will prevent effective competition within 
the marketplace and place GEA at an unfair competitive disadvantage.

8. Notice to Other Manufacturers

    Pursuant to 10 CFR 430.27(c), upon publication of a grant of 
interim waiver, GEA will notify in writing all known manufacturers of 
domestically marketed basic models of the same product class (as 
specified in 10 CFR 430.32) and of other product classes known to the 
petitioner to use the technology or have the characteristic at issue in 
the waiver. The notice will include a statement that DOE has published 
the interim waiver and petition for waiver in the Federal Register and 
the date the petition for waiver was published. The notice will also 
include a statement that DOE will receive and consider timely written 
comments on the petition for waiver. Within five working days of 
publication of the grant of interim waiver, GEA will file with DOE a 
statement certifying the names and addresses of each person to whom a 
notice of the petition for waiver was sent.

9. Conclusion

    GEA respectfully requests that DOE grant this Petition for Waiver 
and Application for Interim Waiver from the current test procedure for 
the specified basic models. As DOE has already reviewed and approved an 
identical request for GEA, GEA requests expedited review and approval 
of the application for Interim Waiver.

Very truly yours,
/s/
John T. Schlafer

    Attachments:
Exhibit A--Alternate Test Procedure Page 4 Mr. Daniel Simmons
EXHIBIT A: Alternate Test Procedure for Multiple-compressor Products 
with Automatic Defrost
[GRAPHIC] [TIFF OMITTED] TN18NO20.001

Where:
--ET is the test cycle energy (kWh/day);
--1440 = number of minutes in a day

[[Page 73470]]

--EP1 is the dual compressor energy expended during the first part 
of the test (If at least one compressor cycles, the test period for 
the first part of the test shall include a whole number of complete 
primary compressor cycles comprising at least 24 hours of stable 
operation, unless a defrost occurs prior to completion of 24 hours 
of stable operation, in which case the first part of the test shall 
include a whole number of complete primary compressor cycles 
comprising at least 18 hours of stable operation);
--T1 is the length of time for EP1 (minutes);
--D is the total number of compartments with distinct defrost 
systems;
--i is the variable that can equal to 1, 2 or more that identifies 
the compartment with distinct defrost system;
--EP2i is the total energy consumed during the second 
(defrost) part of the test being conducted for compartment i. (kWh);
--T2i is the length of time (minutes) for the second 
(defrost) part of the test being conducted for compartment i.
--12 = conversion factor to adjust for a 50% run-time of the 
compressor in hours/day
--CTi is the compressor-on time between defrosts for only 
compartment i. CTi for compartment i with long time 
automatic defrost system is calculated as per 10 CFR part 430, 
subpart B, Appendix A clause 5.2.1.2. CTi for compartment 
i with variable defrost system is calculated as per 10 CFR part 430 
subpart B, Appendix A clause 5.2.1.3. (hours rounded to the nearest 
tenth of an hour).

    Stabilization: The test shall start after a minimum 24 hours 
stabilization run for each temperature control setting.
    Test Period for EP2i, T2i: EP2i 
includes precool, defrost, and recovery time for compartment i, as 
well as sufficient dual compressor cycles to allow T2i to 
be at least 24 hours, unless a defrost occurs prior to completion of 
24 hours, in which case the second part of the test shall include a 
whole number of complete primary compressor cycles comprising at 
least 18 hours. The test period shall start at the end of a regular 
freezer compressor on-cycle after the previous defrost occurrence 
(refrigerator or freezer). The test period also includes the target 
defrost and following freezer compressor cycles, ending at the end 
of a freezer compressor on-cycle before the next defrost occurrence 
(refrigerator or freezer).
    Test Measurement Frequency: Measurements shall be taken at 
regular intervals not exceeding 1 minute.

[FR Doc. 2020-25435 Filed 11-17-20; 8:45 am]
BILLING CODE 6450-01-P
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