82_FR_21295 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

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)

Page Range21209-21210
FR Document2017-09129

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 Issue 86 (Friday, May 5, 2017)
[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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    The regulations set forth in 10 CFR 430.27 contain provisions that 
allow a person to seek a waiver from the test procedure requirements 
for a particular basic model of a type of covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that: (1) Prevent 
testing according to the prescribed test procedure, or (2) cause the 
prescribed test procedures to evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. 10 CFR 430.27(f)(2). DOE recently published 
standards for miscellaneous refrigeration products (``MREFs''). See 81 
FR 75194 (Oct. 28, 2016). Testing to demonstrate compliance with those 
standards will require manufacturers to use the MREF test procedure 
established in a final rule published in July 2016. See 81 FR 46768 
(July 18, 2016) (MREF coverage determination and test procedure final 
rule) and 81 FR 49868

[[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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    (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



                                                                                  Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices                                                      21209

                                                2017, issue of the Federal Register (FR                 use the relevant test procedure for these               Issued in Washington, DC, on April 28,
                                                Doc. 2017–07896, 82 FR 74), is                          products.                                             2017.
                                                cancelled.                                                                                                    Kathleen Hogan,
                                                                                                        FOR FURTHER INFORMATION CONTACT:   Mr.                Deputy Assistant Secretary for Energy
                                                FOR FURTHER INFORMATION CONTACT:                        Bryan Berringer, U.S. Department of                   Efficiency, Energy Efficiency and Renewable
                                                Michael Li, Designated Federal Officer,                 Energy, Building Technologies Program,                Energy.
                                                Office of Energy Efficiency and                         Mail Stop EE–5B, Forrestal Building,
                                                Renewable Energy, U.S. Department of                    1000 Independence Avenue SW.,                         Decision and Order
                                                Energy, 1000 Independence Avenue                        Washington, DC 20585–0121.                              In the Matter of: Panasonic
                                                SW., Washington, DC 20585; email:                       Telephone: (202) 586–0371. Email: AS_                 Appliances Refrigeration Systems
                                                michael.li@ee.doe.gov or phone: 202–                    Waiver_Requests@ee.doe.gov.                           Corporation of America (PAPRSA) (Case
                                                287–5718                                                                                                      No. RF–043).
                                                                                                          Mr. Michael Kido, U.S. Department of
                                                  Issued at Washington, DC on May 1, 2017.
                                                                                                        Energy, Office of the General Counsel,                I. Background and Authority
                                                LaTanya R. Butler,
                                                                                                        Mail Stop GC–33, Forrestal Building,                     Title III, Part B of the Energy Policy
                                                Deputy Committee Management Officer.                    1000 Independence Avenue SW.,                         and Conservation Act of 1975 (EPCA)
                                                [FR Doc. 2017–09058 Filed 5–4–17; 8:45 am]              Washington, DC 20585–0103.                            (42 U.S.C. 6291–6309) established the
                                                BILLING CODE 6450–01–P                                  Telephone: (202) 586–8145. Email:                     Energy Conservation Program for
                                                                                                        Michael.Kido@hq.doe.gov.                              Consumer Products Other Than
                                                DEPARTMENT OF ENERGY                                    SUPPLEMENTARY INFORMATION:       In                   Automobiles, a program that includes
                                                                                                                                                              residential refrigerators and refrigerator-
                                                                                                        accordance with Title 10 of the Code of
                                                Office of Energy Efficiency and                                                                               freezers.1 Part B includes definitions,
                                                                                                        Federal Regulations (10 CFR
                                                Renewable Energy                                                                                              test procedures, labeling provisions,
                                                                                                        430.27(f)(2)), DOE gives notice of the
                                                                                                                                                              energy conservation standards, and the
                                                                                                        issuance of its Decision and Order as set             authority to require information and
                                                [Case No. RF–043]
                                                                                                        forth below. The Decision and Order                   reports from manufacturers. Further,
                                                Energy Conservation Program for                         grants PAPRSA a waiver from the                       Part B authorizes the Secretary of
                                                Consumer Products: Decision and                         applicable test procedure in 10 CFR part              Energy to prescribe test procedures that
                                                Order Granting a Waiver to Panasonic                    430, subpart B, appendix A for certain                are reasonably designed to produce
                                                Appliances Refrigeration Systems                        basic models of combination cooler-                   results measuring energy efficiency,
                                                Corporation of America Corporation                      refrigerators provided that PAPRSA                    energy use, or estimated operating costs,
                                                (PAPRSA) From the Department of                         tests and rates such products using the               and that are not unduly burdensome to
                                                Energy Refrigerator and Refrigerator-                   alternate test procedure described in                 conduct. (42 U.S.C. 6293(b)(3)) The test
                                                Freezer Test Procedures                                 this notice. PAPRSA’s representations                 procedure for residential refrigerators
                                                                                                        concerning the energy efficiency of                   and refrigerator-freezers is contained in
                                                AGENCY: Office of Energy Efficiency and                                                                       10 CFR part 430, subpart B, appendix A.
                                                                                                        these products must be based on testing
                                                Renewable Energy, Department of                                                                                  The regulations set forth in 10 CFR
                                                                                                        consistent with the provisions and
                                                Energy.                                                                                                       430.27 contain provisions that allow a
                                                                                                        restrictions in the alternate test
                                                ACTION: Decision and Order.                                                                                   person to seek a waiver from the test
                                                                                                        procedure set forth in the Decision and
                                                                                                        Order below, and the representations                  procedure requirements for a particular
                                                SUMMARY:   The U.S. Department of                                                                             basic model of a type of covered product
                                                Energy (‘‘DOE’’) gives notice of a                      must fairly disclose the test results.
                                                                                                        Distributors, retailers, and private                  when the petitioner’s basic model for
                                                Decision and Order (Case No. RF–043)                                                                          which the petition for waiver was
                                                that grants to Panasonic Appliances                     labelers are held to the same standard
                                                                                                        when making representations regarding                 submitted contains one or more design
                                                Refrigeration Systems Corporation of                                                                          characteristics that: (1) Prevent testing
                                                America (‘‘PAPRSA’’) a waiver from the                  the energy efficiency of these products.
                                                                                                                                                              according to the prescribed test
                                                DOE test procedure for determining the                  42 U.S.C. 6293(c).
                                                                                                                                                              procedure, or (2) cause the prescribed
                                                energy consumption of electric                             Consistent with 10 CFR 430.27(j), not              test procedures to evaluate the basic
                                                refrigerators and refrigerator-freezers.                later than July 5, 2017, any                          model in a manner so unrepresentative
                                                Under this Decision and Order,                          manufacturer currently distributing in                of its true energy consumption
                                                PAPRSA is required to test and rate                     commerce in the United States a                       characteristics as to provide materially
                                                specified basic models of its                           product employing a technology or                     inaccurate comparative data. 10 CFR
                                                combination cooler-refrigerators in                                                                           430.27(a)(1). DOE may grant the waiver
                                                                                                        characteristic that results in the same
                                                accordance with the applicable DOE test                                                                       subject to conditions, including
                                                                                                        need for a waiver from the applicable
                                                procedure, with the exception that it                                                                         adherence to alternate test procedures.
                                                                                                        test procedure must submit a petition
                                                must calculate energy consumption                                                                             10 CFR 430.27(f)(2). DOE recently
                                                using a correction factor (‘‘K-factor’’) of             for waiver. Manufacturers not currently
                                                                                                        distributing such products in commerce                published standards for miscellaneous
                                                0.85.                                                                                                         refrigeration products (‘‘MREFs’’). See
                                                                                                        in the United States must petition for
                                                DATES: This Decision and Order is                                                                             81 FR 75194 (Oct. 28, 2016). Testing to
                                                                                                        and be granted a waiver prior to the
                                                effective May 5, 2017. This Decision and                                                                      demonstrate compliance with those
                                                                                                        distribution in commerce of those
                                                Order will terminate on October 28,
SRADOVICH on DSK3GMQ082PROD with NOTICES




                                                                                                        products in the United States.                        standards will require manufacturers to
                                                2019, in conjunction with the                                                                                 use the MREF test procedure established
                                                compliance of the recently published                    Manufacturers may also submit a
                                                                                                        request for interim waiver pursuant to                in a final rule published in July 2016.
                                                standards for miscellaneous                                                                                   See 81 FR 46768 (July 18, 2016) (MREF
                                                refrigeration products. Testing to                      the requirements of 10 CFR 430.27.
                                                                                                                                                              coverage determination and test
                                                demonstrate compliance with those                                                                             procedure final rule) and 81 FR 49868
                                                standards, and any other representations
                                                of energy use made on or after October                                                                          1 For editorial reasons, upon codification in the

                                                28, 2019, will require manufacturers to                                                                       U.S. Code, Part B was re-designated Part A.



                                           VerDate Sep<11>2014   17:43 May 04, 2017   Jkt 241001   PO 00000   Frm 00024   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM   05MYN1


                                                21210                             Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices

                                                (July 29, 2016) (MREF test procedure                    corrected, the formulas will allow for                SR6180BC,2 SR5180JBC, and
                                                final rule correction notice). Under                    the accurate measurement of the energy                PR5180JKBC.
                                                these rules, DOE has determined that                    use of these products, while alleviating                 (4) Representations. PAPRSA may
                                                products such as those that are at issue                the testing problems associated with                  make representations about the energy
                                                here fall into the MREF category.                       PAPRSA’s combination cooler-                          use of the specified basic models of its
                                                Accordingly, consistent with these                      refrigerator basic models. However, DOE
                                                                                                                                                              combination cooler-refrigerator products
                                                MREF-specific provisions, these                         has identified additional formulas in
                                                products will be evaluated under                                                                              for compliance, marketing, or other
                                                                                                        appendix A that, for purposes of this
                                                prescribed procedures and against                       waiver, should incorporate the 0.85                   purposes only to the extent that such
                                                specified standards that are tailored to                correction factor. DOE has also clarified             products have been tested in accordance
                                                account for their particular                            the sections within appendix A for                    with the provisions outlined above and
                                                characteristics.                                        which the alternate calculations apply.               such representations fairly disclose the
                                                                                                        DOE has included those updated                        results of such testing.
                                                II. PAPRSA’s Petition for Waiver:
                                                Assertions and Determinations                           formulas as part of this decision and                    (5) This Decision and Order will
                                                                                                        order.                                                terminate on October 28, 2019, in
                                                   On August 21, 2015, PAPRSA                                                                                 conjunction with the compliance date of
                                                requested an extension of its previous                  III. Consultations With Other Agencies
                                                                                                                                                              the recently published standards for
                                                waivers (Case Nos. RF–022, RF–031 and                     DOE consulted with the Federal Trade                miscellaneous refrigeration products
                                                RF–041) under 10 CFR 430.27(g) for its                  Commission (‘‘FTC’’) staff concerning
                                                combination cooler-refrigerator basic                                                                         (‘‘MREFs’’). See 81 FR 75194 (Oct. 28,
                                                                                                        the PAPRSA petition for waiver. The                   2016). Starting on October 28, 2019,
                                                model, PR6180WBC, which is required
                                                                                                        FTC staff did not have any objections to              testing to demonstrate compliance with
                                                to be tested using the test procedure
                                                                                                        granting a waiver to PAPRSA.                          those standards must be performed in
                                                detailed at appendix A to subpart B of
                                                10 CFR part 430 (appendix A). At the                    IV. Order                                             accordance with the MREF test
                                                time of the request for extension,                                                                            procedure final rule. See 81 FR 46768
                                                Appendix A required measuring the                          After careful consideration of all the             (July 18, 2016) (MREF test procedure
                                                energy consumption of refrigerators                     material that was submitted by PAPRSA                 final rule) and 81 FR 49868 (July 29,
                                                using a standardized compartment                        and consultation with the FTC staff, in               2016) (MREF test procedure final rule
                                                temperature of 39 degrees Fahrenheit                    accordance with 10 CFR 430.27, it is                  correction notice).
                                                (°F). PAPRSA, consistent with its prior                 Ordered that:
                                                                                                                                                                 (6) This waiver is issued on the
                                                waiver requests, seeks to use a modified                   (1) The petition for waiver submitted
                                                                                                        by the PAPRSA. (Case No. RF–043) is                   condition that the statements,
                                                version of the test procedure that would
                                                                                                        hereby granted as set forth in the                    representations, and documentary
                                                specify a higher standardized
                                                                                                        paragraphs below.                                     materials provided by the petitioner are
                                                temperature for testing wine chiller
                                                compartments and a correction factor of                                                                       valid. DOE may revoke or modify this
                                                                                                           (2) PAPRSA must test and rate the
                                                0.85 when calculating energy                                                                                  waiver at any time if it determines the
                                                                                                        PAPRSA basic models specified in
                                                consumption.                                            paragraph (3) on the basis of the current             factual basis underlying the petition for
                                                   In its petition, PAPRSA requested an                 test procedure contained in 10 CFR part               waiver is incorrect, or the results from
                                                extension of the waivers DOE granted in                 430, subpart B, appendix A, with the                  the alternate test procedure are
                                                2012 (under PAPRSA’s previous                           exception that it must calculate energy               unrepresentative of the basic models’
                                                corporate name, Sanyo E&E                               consumption using a correction factor                 true energy consumption characteristics.
                                                Corporation) (Case No. RF–022, 77 FR                    (‘‘K-factor’’) of 0.85.                                  (7) Grant of this extension does not
                                                49443 (August 16, 2012)), in 2013 (Case                    Therefore, the energy consumption is               release a petitioner from the
                                                No. RF–031, 78 FR 57139 (September                      defined by:                                           certification requirements set forth at 10
                                                17, 2013)), and 2014 (Case No. RF–041,                                                                        CFR part 429.
                                                79 FR 55769 (September 17, 2014)). On                      If compartment temperatures are
                                                October 4, 2012, DOE issued a notice of                 below their respective standardized                     Issued in Washington, DC, on April 28,
                                                correction to this Decision and Order by                temperatures for both test settings                   2017.
                                                incorporating a K-factor (correction                    (according to 10 CFR part 430, subpart
                                                                                                                                                              Kathleen B. Hogan,
                                                factor) value of 0.85 when calculating                  B, appendix A, sec. 6.2.4.1): E = (ET1 ×
                                                                                                        0.85) + IET.                                          Deputy Assistant Secretary for Energy
                                                the energy consumption of the affected                                                                        Efficiency, Energy Efficiency and Renewable
                                                models. (77 FR 60688) DOE also                             If compartment temperatures are not                Energy.
                                                previously granted a similar waiver to                  below their respective standardized
                                                                                                                                                              [FR Doc. 2017–09129 Filed 5–4–17; 8:45 am]
                                                Sub-Zero Group Inc. through an interim                  temperatures for both test settings, the
                                                                                                                                                              BILLING CODE 6450–01–P
                                                waiver (79 FR 55772 (September 17,                      higher of the two values calculated by
                                                2014)) and a subsequent Decision and                    the following two formulas (according
                                                Order (80 FR 7854 (February 12, 2015))                  to 10 CFR part 430, subpart B, appendix                 2 DOE notes that PAPRSA’s petition in Case No.
                                                under Case No. RF–040.                                  A, sec. 6.2.4.2):                                     RF–022 identified the relevant basic models as:
                                                   On January 26, 2016, DOE issued a                      Energy consumption of the ‘‘cooler                  JUB248LB,
                                                proposed modification of its prior                      compartment’’: ECooler Compartment =                    JUB248RB, JUB248LW, JUB248RW, KBCO24LS,
                                                waivers and granted PAPRSA with an                      (ET1 + [(ET2–ET1) × (55 °F–TC1)/(TC2–
SRADOVICH on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              KBCS24LS, KBCO24RS, KBCS24RS, and
                                                interim waiver (81 FR 4270) that                        TC1)]) × 0.85 + IET                                   MBCM24FW. Upon further review, however, DOE
                                                consolidated all of the basic models                                                                          has determined that these are individual model,
                                                                                                          Energy consumption of the ‘‘fresh                   rather than basic model, number designations. The
                                                under one, new, corrected interim
                                                                                                        food compartment’’: EFreshFood                        correct basic model designations, as determined
                                                waiver, subject to comment. DOE did
                                                                                                        Compartment = (ET1 + [(ET2–ET1) × (39                 through a review of PAPRSA’s filings with DOE’s
                                                not receive any comments on the
                                                                                                        °F–TR1)/(TR2–TR1)]) × 0.85 + IET.                     Compliance Certification Management System, are
                                                PAPRSA request or the interim waiver.                                                                         KBCS24RSBS (which covers all of these individual
                                                   DOE has reviewed the alternate                         (3) This Order applies to basic models              model designations except for MBCM24FW) and
                                                procedure and believes that, as                         PR6180WBC, KBCS24RSBS,                                SR6180BC (which covers MBCM24FW).



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Document Created: 2018-11-08 08:40:19
Document Modified: 2018-11-08 08:40:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionDecision and Order.
DatesThis 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.
ContactMr. 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]
FR Citation82 FR 21209 

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