82 FR 21209 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Panasonic Appliances Refrigeration Systems Corporation of America Corporation (PAPRSA) From the Department of Energy Refrigerator and Refrigerator-Freezer Test Procedures

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 82, Issue 86 (May 5, 2017)

The U.S. Department of Energy (``DOE'') gives notice of a Decision and Order (Case No. RF-043) that grants to Panasonic Appliances Refrigeration Systems Corporation of America (``PAPRSA'') a waiver from the DOE test procedure for determining the energy consumption of electric refrigerators and refrigerator-freezers. Under this Decision and Order, PAPRSA is required to test and rate specified basic models of its combination cooler-refrigerators in accordance with the applicable DOE test procedure, with the exception that it must calculate energy consumption using a correction factor (``K-factor'') of 0.85.

[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21209-21210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09129]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-043]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Panasonic Appliances Refrigeration Systems 
Corporation of America Corporation (PAPRSA) From the Department of 
Energy Refrigerator and Refrigerator-Freezer Test Procedures

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

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case No. RF-043) that grants to Panasonic 
Appliances Refrigeration Systems Corporation of America (``PAPRSA'') a 
waiver from the DOE test procedure for determining the energy 
consumption of electric refrigerators and refrigerator-freezers. Under 
this Decision and Order, PAPRSA is required to test and rate specified 
basic models of its combination cooler-refrigerators in accordance with 
the applicable DOE test procedure, with the exception that it must 
calculate energy consumption using a correction factor (``K-factor'') 
of 0.85.

DATES: This Decision and Order is effective May 5, 2017. This Decision 
and Order will terminate on October 28, 2019, in conjunction with the 
compliance of the recently published standards for miscellaneous 
refrigeration products. Testing to demonstrate compliance with those 
standards, and any other representations of energy use made on or after 
October 28, 2019, will require manufacturers to use the relevant test 
procedure for these products.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. 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(f)(2)), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants PAPRSA a waiver from the applicable test procedure in 10 
CFR part 430, subpart B, appendix A for certain basic models of 
combination cooler-refrigerators provided that PAPRSA tests and rates 
such products using the alternate test procedure described in this 
notice. PAPRSA's representations concerning the energy efficiency of 
these products must be based on testing consistent with the provisions 
and restrictions in the alternate test procedure set forth in the 
Decision and Order below, and the representations must fairly disclose 
the test results. Distributors, retailers, and private labelers are 
held to the same standard when making representations regarding the 
energy efficiency of these products. 42 U.S.C. 6293(c).
    Consistent with 10 CFR 430.27(j), not later than July 5, 2017, any 
manufacturer currently distributing in commerce in the United States a 
product employing a technology or characteristic that results in the 
same need for a waiver from the applicable test procedure must submit a 
petition for waiver. Manufacturers not currently distributing such 
products in commerce in the United States must petition for and be 
granted a waiver prior to the distribution in commerce of those 
products in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 430.27.

    Issued in Washington, DC, on April 28, 2017.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Panasonic Appliances Refrigeration Systems 
Corporation of America (PAPRSA) (Case No. RF-043).

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA) (42 U.S.C. 6291-6309) established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program that 
includes residential refrigerators and refrigerator-freezers.\1\ Part B 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part B authorizes the Secretary of 
Energy to prescribe test procedures that are reasonably designed to 
produce results measuring energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential refrigerators and 
refrigerator-freezers is contained in 10 CFR part 430, subpart B, 
appendix A.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    The regulations set forth in 10 CFR 430.27 contain provisions that 
allow a person to seek a waiver from the test procedure requirements 
for a particular basic model of a type of covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that: (1) Prevent 
testing according to the prescribed test procedure, or (2) cause the 
prescribed test procedures to evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. 10 CFR 430.27(f)(2). DOE recently published 
standards for miscellaneous refrigeration products (``MREFs''). See 81 
FR 75194 (Oct. 28, 2016). Testing to demonstrate compliance with those 
standards will require manufacturers to use the MREF test procedure 
established in a final rule published in July 2016. See 81 FR 46768 
(July 18, 2016) (MREF coverage determination and test procedure final 
rule) and 81 FR 49868

[[Page 21210]]

(July 29, 2016) (MREF test procedure final rule correction notice). 
Under these rules, DOE has determined that products such as those that 
are at issue here fall into the MREF category. Accordingly, consistent 
with these MREF-specific provisions, these products will be evaluated 
under prescribed procedures and against specified standards that are 
tailored to account for their particular characteristics.

II. PAPRSA's Petition for Waiver: Assertions and Determinations

    On August 21, 2015, PAPRSA requested an extension of its previous 
waivers (Case Nos. RF-022, RF-031 and RF-041) under 10 CFR 430.27(g) 
for its combination cooler-refrigerator basic model, PR6180WBC, which 
is required to be tested using the test procedure detailed at appendix 
A to subpart B of 10 CFR part 430 (appendix A). At the time of the 
request for extension, Appendix A required measuring the energy 
consumption of refrigerators using a standardized compartment 
temperature of 39 degrees Fahrenheit ([deg]F). PAPRSA, consistent with 
its prior waiver requests, seeks to use a modified version of the test 
procedure that would specify a higher standardized temperature for 
testing wine chiller compartments and a correction factor of 0.85 when 
calculating energy consumption.
    In its petition, PAPRSA requested an extension of the waivers DOE 
granted in 2012 (under PAPRSA's previous corporate name, Sanyo E&E 
Corporation) (Case No. RF-022, 77 FR 49443 (August 16, 2012)), in 2013 
(Case No. RF-031, 78 FR 57139 (September 17, 2013)), and 2014 (Case No. 
RF-041, 79 FR 55769 (September 17, 2014)). On October 4, 2012, DOE 
issued a notice of correction to this Decision and Order by 
incorporating a K-factor (correction factor) value of 0.85 when 
calculating the energy consumption of the affected models. (77 FR 
60688) DOE also previously granted a similar waiver to Sub-Zero Group 
Inc. through an interim waiver (79 FR 55772 (September 17, 2014)) and a 
subsequent Decision and Order (80 FR 7854 (February 12, 2015)) under 
Case No. RF-040.
    On January 26, 2016, DOE issued a proposed modification of its 
prior waivers and granted PAPRSA with an interim waiver (81 FR 4270) 
that consolidated all of the basic models under one, new, corrected 
interim waiver, subject to comment. DOE did not receive any comments on 
the PAPRSA request or the interim waiver.
    DOE has reviewed the alternate procedure and believes that, as 
corrected, the formulas will allow for the accurate measurement of the 
energy use of these products, while alleviating the testing problems 
associated with PAPRSA's combination cooler-refrigerator basic models. 
However, DOE has identified additional formulas in appendix A that, for 
purposes of this waiver, should incorporate the 0.85 correction factor. 
DOE has also clarified the sections within appendix A for which the 
alternate calculations apply. DOE has included those updated formulas 
as part of this decision and order.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (``FTC'') staff 
concerning the PAPRSA petition for waiver. The FTC staff did not have 
any objections to granting a waiver to PAPRSA.

IV. Order

    After careful consideration of all the material that was submitted 
by PAPRSA and consultation with the FTC staff, in accordance with 10 
CFR 430.27, it is Ordered that:
    (1) The petition for waiver submitted by the PAPRSA. (Case No. RF-
043) is hereby granted as set forth in the paragraphs below.
    (2) PAPRSA must test and rate the PAPRSA basic models specified in 
paragraph (3) on the basis of the current test procedure contained in 
10 CFR part 430, subpart B, appendix A, with the exception that it must 
calculate energy consumption using a correction factor (``K-factor'') 
of 0.85.
    Therefore, the energy consumption is defined by:
    If compartment temperatures are below their respective standardized 
temperatures for both test settings (according to 10 CFR part 430, 
subpart B, appendix A, sec. 6.2.4.1): E = (ET1 x 0.85) + IET.
    If compartment temperatures are not below their respective 
standardized temperatures for both test settings, the higher of the two 
values calculated by the following two formulas (according to 10 CFR 
part 430, subpart B, appendix A, sec. 6.2.4.2):

    Energy consumption of the ``cooler compartment'': ECooler 
Compartment = (ET1 + [(ET2-ET1) x (55 [deg]F-TC1)/(TC2-TC1)]) x 0.85 + 
IET
    Energy consumption of the ``fresh food compartment'': EFreshFood 
Compartment = (ET1 + [(ET2-ET1) x (39 [deg]F-TR1)/(TR2-TR1)]) x 0.85 + 
IET.
    (3) This Order applies to basic models PR6180WBC, KBCS24RSBS, 
SR6180BC,\2\ SR5180JBC, and PR5180JKBC.
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    \2\ DOE notes that PAPRSA's petition in Case No. RF-022 
identified the relevant basic models as: JUB248LB,
    JUB248RB, JUB248LW, JUB248RW, KBCO24LS, KBCS24LS, KBCO24RS, 
KBCS24RS, and MBCM24FW. Upon further review, however, DOE has 
determined that these are individual model, rather than basic model, 
number designations. The correct basic model designations, as 
determined through a review of PAPRSA's filings with DOE's 
Compliance Certification Management System, are KBCS24RSBS (which 
covers all of these individual model designations except for 
MBCM24FW) and SR6180BC (which covers MBCM24FW).
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    (4) Representations. PAPRSA may make representations about the 
energy use of the specified basic models of its combination cooler-
refrigerator products for compliance, marketing, or other purposes only 
to the extent that such products have been tested in accordance with 
the provisions outlined above and such representations fairly disclose 
the results of such testing.
    (5) This Decision and Order will terminate on October 28, 2019, in 
conjunction with the compliance date of the recently published 
standards for miscellaneous refrigeration products (``MREFs''). See 81 
FR 75194 (Oct. 28, 2016). Starting on October 28, 2019, testing to 
demonstrate compliance with those standards must be performed in 
accordance with the MREF test procedure final rule. See 81 FR 46768 
(July 18, 2016) (MREF test procedure final rule) and 81 FR 49868 (July 
29, 2016) (MREF test procedure final rule correction notice).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) Grant of this extension does not release a petitioner from the 
certification requirements set forth at 10 CFR part 429.

    Issued in Washington, DC, on April 28, 2017.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2017-09129 Filed 5-4-17; 8:45 am]
 BILLING CODE 6450-01-P