82_FR_21297 82 FR 21211 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to AGA Marvel From the Department of Energy Refrigerator and Refrigerator-Freezer Test Procedures

82 FR 21211 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to AGA Marvel From the Department of Energy Refrigerator and Refrigerator-Freezer Test Procedures

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

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

Page Range21211-21213
FR Document2017-09131

The U.S. Department of Energy (``DOE'') gives notice of a Decision and Order (Case No. RF-045) that grants to AGA Marvel a waiver from the DOE test procedure for determining the energy consumption of electric refrigerators and refrigerator-freezers. Under this Decision and Order, AGA Marvel is required to test and rate specified basic models of its combination cooler-refrigerator in accordance with the applicable DOE test procedure, with the exception that it must calculate energy consumption using a correction factor (``K-factor'') of 0.85.

Federal Register, Volume 82 Issue 86 (Friday, May 5, 2017)
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21211-21213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09131]



[[Page 21211]]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-045]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to AGA Marvel From the Department of Energy 
Refrigerator and Refrigerator-Freezer Test Procedures

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

ACTION: Decision and Order.

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

SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case No. RF-045) that grants to AGA Marvel a waiver 
from the DOE test procedure for determining the energy consumption of 
electric refrigerators and refrigerator-freezers. Under this Decision 
and Order, AGA Marvel is required to test and rate specified basic 
models of its combination cooler-refrigerator in accordance with the 
applicable DOE test procedure, with the exception that it must 
calculate energy consumption using a correction factor (``K-factor'') 
of 0.85.

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

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

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

Decision and Order

    In the Matter of: AGA Marvel (Case No. RF-045)
I. Background and Authority
    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(``EPCA'') (42 U.S.C. 6291-6309) established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program that 
includes residential refrigerators and refrigerator-freezers.\1\ Part B 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part B authorizes the Secretary of 
Energy to prescribe test procedures that are reasonably designed to 
produce results measuring energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential refrigerators and 
refrigerator-freezers is contained in 10 CFR part 430, subpart B, 
appendix A.
---------------------------------------------------------------------------

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

    The regulations set forth in 10 CFR 430.27 contain provisions that 
allow a person to seek a waiver from the test procedure requirements 
for a particular basic model of a type of covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that: (1) Prevent 
testing according to the prescribed test procedure, or (2) cause the 
prescribed test procedures to evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).DOE 
may grant the waiver subject to conditions, including adherence to 
alternate test procedures. 10 CFR 430.27(f)(2). DOE recently published 
standards for miscellaneous refrigeration products (``MREFs''). See 81 
FR 75194 (Oct. 28, 2016). Testing to demonstrate compliance with those 
standards will require manufacturers to use the MREF test procedure 
established in a final rule published in July 2016. See 81 FR 46768 
(July 18, 2016) (MREF coverage determination and test procedure final 
rule) and 81 FR 49868 (July 29, 2016) (MREF test procedure final rule 
correction notice). Under these rules, DOE has determined that products 
such as those that are at issue here fall into the MREF category. 
Accordingly, consistent with these MREF-specific provisions, these 
products will be evaluated under prescribed procedures and against 
specified standards that are tailored to account for their particular 
characteristics.
II. AGA Marvel's Petition for Waiver: Assertions and Determinations
    By letter dated January 26, 2016, AGA Marvel submitted a petition 
for waiver and application for interim waiver under 10 CFR 430.27(a) 
for 12 basic models of combination cooler-refrigerators that are 
required to be tested using the test procedure detailed at appendix A 
to subpart B of 10 CFR part 430. AGA Marvel supplemented its filing 
with a March 9, 2016, email identifying the basic models. At the time 
of the petition, Appendix A required measuring the energy consumption 
of refrigerators using a standardized compartment temperature of 39 
degrees Fahrenheit ([deg]F), a temperature that, according to AGA 
Marvel, its products are not capable of achieving in all compartments. 
As a

[[Page 21212]]

result, AGA Marvel petitioned for a waiver to appendix A's procedure to 
apply a standardized compartment temperature of 55 [deg]F to the cooler 
compartments within its products. These compartments maintain a higher 
temperature that is typical for storing wine. AGA Marvel also requested 
that the products be tested with a 0.55 usage factor, rather than with 
no usage factor as required according to appendix A. Both the 
compartment temperature and usage factor are consistent with the 
requirements incorporated into appendix A from the July 2016 MREF test 
procedure final rule. 81 FR 46768.
    DOE granted a similar waiver to Panasonic Appliances Refrigeration 
Systems Corporation of America (``PAPRSA'') in 2012 (under PAPRSA's 
previous corporate name, Sanyo E&E Corporation) (Case No. RF-022, 77 FR 
49443 (August 16, 2012)), in 2013 (Case No. RF-031, 78 FR 57139 (Sept. 
17, 2013)), and 2014 (Case No. RF-041, 79 FR 55769 (September 17, 
2014)). On October 4, 2012, DOE issued a notice of correction to this 
Decision and Order by incorporating a K-factor (correction factor) 
value of 0.85 when calculating the energy consumption of the affected 
models. (77 FR 60688) On January 26, 2016, due to issues with regard to 
the equations detailed in the prior waiver decisions, DOE issued a 
proposed modification of its prior waivers and granted PAPRSA with an 
interim waiver (81 FR 4270) under Case No. RF-043 to correct these 
known issues. DOE also previously granted a similar waiver to Sub-Zero 
Group Inc. through an interim waiver (79 FR 55772 (September 17, 2014)) 
and a subsequent Decision and Order (80 FR 7854 (February 12, 2015)) 
under Case No. RF-040.
    AGA Marvel's petition for waiver included an alternate test 
procedure to account for the energy consumption of its combination 
cooler-refrigerator products. Specifically, it proposed using the test 
procedure for combination cooler refrigeration products in appendix A. 
However, DOE's recent notice detailing a modified version of the 
calculation method used to measure and rate the energy use of products 
similar to AGA Marvel's combination cooler-refrigerators provides a 
simpler and equitable solution to the problems identified in AGA 
Marvel's petition. See 81 FR 4270 (notice granting interim waiver and 
seeking comment on DOE's proposal to modify PAPRSA's alternative test 
method for combination cooler refrigeration products). Accordingly, 
applying the test method outlined in the recent PAPRSA interim waiver 
to determine compliance with the existing refrigerator standards would 
follow an already-established approach and help ensure consistency when 
testing similar products (i.e., a correction factor of 0.85 rather than 
0.55 is appropriate for determining compliance with refrigerator 
standards).
    AGA Marvel also requested an interim waiver from the existing DOE 
test procedure, which DOE granted. See 81 FR at 41531. DOE did not 
receive any comments on the AGA Marvel petition or the interim waiver.
    DOE has reviewed the alternate procedure and believes that it will 
allow for the accurate measurement of the energy use of these products, 
while alleviating the testing problems associated with AGA Marvel's 
combination cooler-refrigerator basic models.
III. Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (``FTC'') staff 
concerning the AGA Marvel petition for waiver. The FTC staff did not 
have any objections to granting a waiver to AGA Marvel.
IV. Order
    After careful consideration of all the material that was submitted 
by AGA Marvel and consultation with the FTC staff, in accordance with 
10 CFR 430.27, it is ORDERED that:
    (1) The petition for waiver submitted by the AGA Marvel. (Case No. 
RF-045) is hereby granted as set forth in the paragraphs below.
    (2) AGA Marvel must test and rate the AGA Marvel basic models 
specified in paragraph (3) on the basis of the current test procedure 
contained in 10 CFR part 430, subpart B, appendix A, with the exception 
that it must calculate energy consumption using a correction factor 
(``K-factor'') of 0.85.
    Therefore, the energy consumption is defined by:
    If compartment temperatures are below their respective standardized 
temperatures for both test settings (according to 10 CFR part 430, 
subpart B, appendix A, sec. 6.2.4.1):

E = (ET1 x 0.85) + IET.
    If compartment temperatures are not below their respective 
standardized temperatures for both test settings, the higher of the two 
values calculated by the following two formulas (according to 10 CFR 
part 430, subpart B, appendix A, sec. 6.2.4.2):
    Energy consumption of the ``cooler compartment'':

ECooler Compartment = (ET1 + [(ET2 - ET1) x (55 [deg]F - TC1)/(TC2 - 
TC1)]) x 0.85 + IET

    Energy consumption of the ``fresh food compartment'':

EFreshFood Compartment = (ET1 + [(ET2 - ET1) x (39 [deg]F - TR1)/(TR2 - 
TR1)]) x 0.85 + IET.

    (3) This Order applies only to the following basic models:
    Basic models under the MARVEL brand:

ML24WBG***1
ML24WBF***1
ML24WBS***1
ML24WBP***1

    Basic models under the MARVEL Outdoor brand:

MO24WBG***1
MO24WBF***1
MO24WBS***1
MO24WBP***1

    Basic models under the MARVEL Professional brand:

MP24WBG***1
MP24WBF***1
MP24WBS***1
MP24WBP***1

    Where (*) represents a character in the model number that 
corresponds to door swing, door style, color, or marketing features and 
has no impact on the number of compartments, compartment function, 
product class, or test method.

    (4) Representations. AGA Marvel may make representations about the 
energy use of the specified basic models of its combination cooler-
refrigerator products for compliance, marketing, or other purposes only 
to the extent that such products have been tested in accordance with 
the provisions outlined above and such representations fairly disclose 
the results of such testing.
    (5) This Decision and Order will terminate on October 28, 2019, in 
conjunction with the compliance date of the recently published 
standards for miscellaneous refrigeration products (``MREFs''). See 81 
FR 75194 (Oct. 28, 2016). Starting on October 28, 2019, testing to 
demonstrate compliance with those standards must be performed in 
accordance with the MREF test procedure final rule. See 81 FR 46768 
(July 18, 2016) (MREF test procedure final rule) and 81 FR 49868 (July 
29, 2016) (MREF test procedure final rule correction notice).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) Grant of this waiver does not release a petitioner from the

[[Page 21213]]

certification requirements set forth at 10 CFR part 429.

Issued in Washington, DC, on 4/28/2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2017-09131 Filed 5-4-17; 8:45 am]
 BILLING CODE 6450-01-P



                                                                                  Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices                                           21211

                                                DEPARTMENT OF ENERGY                                    grants AGA Marvel a waiver from the                   and that are not unduly burdensome to
                                                                                                        applicable test procedure in 10 CFR part              conduct. (42 U.S.C. 6293(b)(3)) The test
                                                Office of Energy Efficiency and                         430, subpart B, appendix A for certain                procedure for residential refrigerators
                                                Renewable Energy                                        basic models of combination cooler-                   and refrigerator-freezers is contained in
                                                [Case No. RF–045]                                       refrigerators provided that AGA Marvel                10 CFR part 430, subpart B, appendix A.
                                                                                                        tests and rates such products using the                  The regulations set forth in 10 CFR
                                                Energy Conservation Program for                         alternate test procedure described in                 430.27 contain provisions that allow a
                                                Consumer Products: Decision and                         this notice. AGA Marvel’s                             person to seek a waiver from the test
                                                Order Granting a Waiver to AGA                          representations concerning the energy                 procedure requirements for a particular
                                                Marvel From the Department of Energy                    efficiency of these products must be                  basic model of a type of covered product
                                                Refrigerator and Refrigerator-Freezer                   based on testing consistent with the                  when the petitioner’s basic model for
                                                Test Procedures                                         provisions and restrictions in the                    which the petition for waiver was
                                                                                                        alternate test procedure set forth in the             submitted contains one or more design
                                                AGENCY: Office of Energy Efficiency and                 Decision and Order below, and the                     characteristics that: (1) Prevent testing
                                                Renewable Energy, Department of                         representations must fairly disclose the              according to the prescribed test
                                                Energy.                                                 test results. Distributors, retailers, and            procedure, or (2) cause the prescribed
                                                ACTION: Decision and Order.                             private labelers are held to the same                 test procedures to evaluate the basic
                                                                                                        standard when making representations                  model in a manner so unrepresentative
                                                SUMMARY:   The U.S. Department of                       regarding the energy efficiency of these              of its true energy consumption
                                                Energy (‘‘DOE’’) gives notice of a                      products. 42 U.S.C. 6293(c).                          characteristics as to provide materially
                                                Decision and Order (Case No. RF–045)                       Consistent with 10 CFR 430.27(j), not              inaccurate comparative data. 10 CFR
                                                that grants to AGA Marvel a waiver from                 later than July 5, 2017, any                          430.27(a)(1).DOE may grant the waiver
                                                the DOE test procedure for determining                  manufacturer currently distributing in                subject to conditions, including
                                                the energy consumption of electric                      commerce in the United States a                       adherence to alternate test procedures.
                                                refrigerators and refrigerator-freezers.                product employing a technology or                     10 CFR 430.27(f)(2). DOE recently
                                                Under this Decision and Order, AGA                      characteristic that results in the same               published standards for miscellaneous
                                                Marvel is required to test and rate                     need for a waiver from the applicable                 refrigeration products (‘‘MREFs’’). See
                                                specified basic models of its                           test procedure must submit a petition                 81 FR 75194 (Oct. 28, 2016). Testing to
                                                combination cooler-refrigerator in                      for waiver. Manufacturers not currently               demonstrate compliance with those
                                                accordance with the applicable DOE test                 distributing such products in commerce                standards will require manufacturers to
                                                procedure, with the exception that it                   in the United States must petition for                use the MREF test procedure established
                                                must calculate energy consumption                       and be granted a waiver prior to the                  in a final rule published in July 2016.
                                                using a correction factor (‘‘K-factor’’) of             distribution in commerce of those                     See 81 FR 46768 (July 18, 2016) (MREF
                                                0.85.                                                   products in the United States.                        coverage determination and test
                                                DATES: This Decision and Order is                       Manufacturers may also submit a                       procedure final rule) and 81 FR 49868
                                                effective May 5, 2017. This Decision and                request for interim waiver pursuant to                (July 29, 2016) (MREF test procedure
                                                Order will terminate on October 28,                     the requirements of 10 CFR 430.27.                    final rule correction notice). Under
                                                2019, in conjunction with the                                                                                 these rules, DOE has determined that
                                                                                                          Issued in Washington, DC, on April 28,
                                                compliance date of the recently                         2017.                                                 products such as those that are at issue
                                                published standards for miscellaneous                   Kathleen Hogan,
                                                                                                                                                              here fall into the MREF category.
                                                refrigeration products. Testing to                                                                            Accordingly, consistent with these
                                                                                                        Deputy Assistant Secretary for Energy
                                                demonstrate compliance with those                       Efficiency, Energy Efficiency and Renewable
                                                                                                                                                              MREF-specific provisions, these
                                                standards, and any other representations                Energy.                                               products will be evaluated under
                                                of energy use made on or after October                                                                        prescribed procedures and against
                                                28, 2019, will require manufacturers to                 Decision and Order                                    specified standards that are tailored to
                                                use the relevant test procedure for these                 In the Matter of: AGA Marvel (Case                  account for their particular
                                                products.                                               No. RF–045)                                           characteristics.
                                                FOR FURTHER INFORMATION CONTACT:     Mr.                I. Background and Authority                           II. AGA Marvel’s Petition for Waiver:
                                                Bryan Berringer, U.S. Department of                                                                           Assertions and Determinations
                                                                                                           Title III, Part B of the Energy Policy
                                                Energy, Building Technologies Program,                  and Conservation Act of 1975 (‘‘EPCA’’)                  By letter dated January 26, 2016, AGA
                                                Mail Stop EE–5B, Forrestal Building,                    (42 U.S.C. 6291–6309) established the                 Marvel submitted a petition for waiver
                                                1000 Independence Avenue SW.,                           Energy Conservation Program for                       and application for interim waiver
                                                Washington, DC 20585–0121.                              Consumer Products Other Than                          under 10 CFR 430.27(a) for 12 basic
                                                Telephone: (202) 586–0371. E-mail: AS_                  Automobiles, a program that includes                  models of combination cooler-
                                                Waiver_Requests@ee.doe.gov.                             residential refrigerators and refrigerator-           refrigerators that are required to be
                                                   Mr. Michael Kido, U.S. Department of                 freezers.1 Part B includes definitions,               tested using the test procedure detailed
                                                Energy, Office of the General Counsel,                  test procedures, labeling provisions,                 at appendix A to subpart B of 10 CFR
                                                Mail Stop GC–33, Forrestal Building,                    energy conservation standards, and the                part 430. AGA Marvel supplemented its
                                                1000 Independence Avenue SW.,                           authority to require information and                  filing with a March 9, 2016, email
                                                Washington, DC 20585–0103.                                                                                    identifying the basic models. At the
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                                                                                                        reports from manufacturers. Further,
                                                Telephone: (202) 586–8145. E-mail:                      Part B authorizes the Secretary of                    time of the petition, Appendix A
                                                Michael.Kido@hq.doe.gov.                                Energy to prescribe test procedures that              required measuring the energy
                                                SUPPLEMENTARY INFORMATION: In                           are reasonably designed to produce                    consumption of refrigerators using a
                                                accordance with Title 10 of the Code of                 results measuring energy efficiency,                  standardized compartment temperature
                                                Federal Regulations (10 CFR                             energy use, or estimated operating costs,             of 39 degrees Fahrenheit (°F), a
                                                430.27(f)(2)), DOE gives notice of the                                                                        temperature that, according to AGA
                                                issuance of its Decision and Order as set                 1 For editorial reasons, upon codification in the   Marvel, its products are not capable of
                                                forth below. The Decision and Order                     U.S. Code, Part B was re-designated Part A.           achieving in all compartments. As a


                                           VerDate Sep<11>2014   17:43 May 04, 2017   Jkt 241001   PO 00000   Frm 00026   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM   05MYN1


                                                21212                             Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices

                                                result, AGA Marvel petitioned for a                     follow an already-established approach                EFreshFood Compartment = (ET1 +
                                                waiver to appendix A’s procedure to                     and help ensure consistency when                         [(ET2 ¥ ET1) × (39 °F ¥ TR1)/(TR2
                                                apply a standardized compartment                        testing similar products (i.e., a                        ¥ TR1)]) × 0.85 + IET.
                                                temperature of 55 °F to the cooler                      correction factor of 0.85 rather than 0.55               (3) This Order applies only to the
                                                compartments within its products.                       is appropriate for determining                        following basic models:
                                                These compartments maintain a higher                    compliance with refrigerator standards).                 Basic models under the MARVEL
                                                temperature that is typical for storing                    AGA Marvel also requested an interim               brand:
                                                wine. AGA Marvel also requested that                    waiver from the existing DOE test                     ML24WBG***1
                                                the products be tested with a 0.55 usage                procedure, which DOE granted. See 81                  ML24WBF***1
                                                factor, rather than with no usage factor                FR at 41531. DOE did not receive any                  ML24WBS***1
                                                as required according to appendix A.                    comments on the AGA Marvel petition                   ML24WBP***1
                                                Both the compartment temperature and                    or the interim waiver.                                   Basic models under the MARVEL
                                                usage factor are consistent with the                       DOE has reviewed the alternate                     Outdoor brand:
                                                requirements incorporated into                          procedure and believes that it will allow             MO24WBG***1
                                                appendix A from the July 2016 MREF                      for the accurate measurement of the                   MO24WBF***1
                                                test procedure final rule. 81 FR 46768.                 energy use of these products, while                   MO24WBS***1
                                                   DOE granted a similar waiver to                      alleviating the testing problems                      MO24WBP***1
                                                Panasonic Appliances Refrigeration                      associated with AGA Marvel’s                             Basic models under the MARVEL
                                                Systems Corporation of America                          combination cooler-refrigerator basic                 Professional brand:
                                                (‘‘PAPRSA’’) in 2012 (under PAPRSA’s                    models.
                                                previous corporate name, Sanyo E&E                                                                            MP24WBG***1
                                                                                                        III. Consultations With Other Agencies                MP24WBF***1
                                                Corporation) (Case No. RF–022, 77 FR                                                                          MP24WBS***1
                                                49443 (August 16, 2012)), in 2013 (Case                   DOE consulted with the Federal Trade                MP24WBP***1
                                                No. RF–031, 78 FR 57139 (Sept. 17,                      Commission (‘‘FTC’’) staff concerning                    Where (*) represents a character in
                                                2013)), and 2014 (Case No. RF–041, 79                   the AGA Marvel petition for waiver. The
                                                FR 55769 (September 17, 2014)). On                                                                            the model number that corresponds to
                                                                                                        FTC staff did not have any objections to              door swing, door style, color, or
                                                October 4, 2012, DOE issued a notice of                 granting a waiver to AGA Marvel.
                                                correction to this Decision and Order by                                                                      marketing features and has no impact on
                                                incorporating a K-factor (correction                    IV. Order                                             the number of compartments,
                                                factor) value of 0.85 when calculating                                                                        compartment function, product class, or
                                                                                                           After careful consideration of all the
                                                the energy consumption of the affected                                                                        test method.
                                                                                                        material that was submitted by AGA
                                                models. (77 FR 60688) On January 26,                    Marvel and consultation with the FTC                     (4) Representations. AGA Marvel may
                                                2016, due to issues with regard to the                  staff, in accordance with 10 CFR 430.27,              make representations about the energy
                                                equations detailed in the prior waiver                  it is ORDERED that:                                   use of the specified basic models of its
                                                decisions, DOE issued a proposed                           (1) The petition for waiver submitted              combination cooler-refrigerator products
                                                modification of its prior waivers and                   by the AGA Marvel. (Case No. RF–045)                  for compliance, marketing, or other
                                                granted PAPRSA with an interim waiver                   is hereby granted as set forth in the                 purposes only to the extent that such
                                                (81 FR 4270) under Case No. RF–043 to                   paragraphs below.                                     products have been tested in accordance
                                                correct these known issues. DOE also                       (2) AGA Marvel must test and rate the              with the provisions outlined above and
                                                previously granted a similar waiver to                  AGA Marvel basic models specified in                  such representations fairly disclose the
                                                Sub-Zero Group Inc. through an interim                  paragraph (3) on the basis of the current             results of such testing.
                                                waiver (79 FR 55772 (September 17,                      test procedure contained in 10 CFR part                  (5) This Decision and Order will
                                                2014)) and a subsequent Decision and                    430, subpart B, appendix A, with the                  terminate on October 28, 2019, in
                                                Order (80 FR 7854 (February 12, 2015))                  exception that it must calculate energy               conjunction with the compliance date of
                                                under Case No. RF–040.                                  consumption using a correction factor                 the recently published standards for
                                                   AGA Marvel’s petition for waiver                     (‘‘K-factor’’) of 0.85.                               miscellaneous refrigeration products
                                                included an alternate test procedure to                    Therefore, the energy consumption is               (‘‘MREFs’’). See 81 FR 75194 (Oct. 28,
                                                account for the energy consumption of                   defined by:                                           2016). Starting on October 28, 2019,
                                                its combination cooler-refrigerator                        If compartment temperatures are                    testing to demonstrate compliance with
                                                products. Specifically, it proposed using               below their respective standardized                   those standards must be performed in
                                                the test procedure for combination                      temperatures for both test settings                   accordance with the MREF test
                                                cooler refrigeration products in                        (according to 10 CFR part 430, subpart                procedure final rule. See 81 FR 46768
                                                appendix A. However, DOE’s recent                       B, appendix A, sec. 6.2.4.1):                         (July 18, 2016) (MREF test procedure
                                                notice detailing a modified version of                                                                        final rule) and 81 FR 49868 (July 29,
                                                                                                        E = (ET1 × 0.85) + IET.
                                                the calculation method used to measure                                                                        2016) (MREF test procedure final rule
                                                                                                           If compartment temperatures are not
                                                and rate the energy use of products                                                                           correction notice).
                                                                                                        below their respective standardized                      (6) This waiver is issued on the
                                                similar to AGA Marvel’s combination
                                                                                                        temperatures for both test settings, the              condition that the statements,
                                                cooler-refrigerators provides a simpler
                                                                                                        higher of the two values calculated by                representations, and documentary
                                                and equitable solution to the problems
                                                identified in AGA Marvel’s petition. See                the following two formulas (according                 materials provided by the petitioner are
                                                81 FR 4270 (notice granting interim                     to 10 CFR part 430, subpart B, appendix               valid. DOE may revoke or modify this
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                                                waiver and seeking comment on DOE’s                     A, sec. 6.2.4.2):                                     waiver at any time if it determines the
                                                proposal to modify PAPRSA’s                                Energy consumption of the ‘‘cooler                 factual basis underlying the petition for
                                                alternative test method for combination                 compartment’’:                                        waiver is incorrect, or the results from
                                                cooler refrigeration products).                         ECooler Compartment = (ET1 + [(ET2 ¥                  the alternate test procedure are
                                                Accordingly, applying the test method                      ET1) × (55 °F ¥ TC1)/(TC2 ¥ TC1)])                 unrepresentative of the basic models’
                                                outlined in the recent PAPRSA interim                      × 0.85 + IET                                       true energy consumption characteristics.
                                                waiver to determine compliance with                        Energy consumption of the ‘‘fresh                     (7) Grant of this waiver does not
                                                the existing refrigerator standards would               food compartment’’:                                   release a petitioner from the


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                                                                                             Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices                                                              21213

                                                certification requirements set forth at 10                           Washington, DC 20585–0103, (202) 586–                            effective and supersede those cost
                                                CFR part 429.                                                        7432, Francine.Pinto@hq.doe.gov.                                 figures published on March 23, 2016.
                                                Issued in Washington, DC, on 4/28/2017.                              SUPPLEMENTARY INFORMATION: Section                               The cost figures set forth in this notice
                                                Kathleen B. Hogan,                                                   323 of the Energy Policy and                                     will be effective until further notice.
                                                Deputy Assistant Secretary for Energy                                Conservation Act requires that DOE                                  DOE’s Energy Information
                                                Efficiency, Energy Efficiency and Renewable                          prescribe test procedures for the                                Administration (EIA) is the data source
                                                Energy.                                                              measurement of the estimated annual                              for the 2017 representative average unit
                                                [FR Doc. 2017–09131 Filed 5–4–17; 8:45 am]                           operating costs or other measures of                             after-tax residential costs found in this
                                                BILLING CODE 6450–01–P                                               energy consumption for certain                                   notice. These costs for electricity,
                                                                                                                     consumer products specified in the Act.                          natural gas, No. 2 heating oil, and
                                                                                                                     (42 U.S.C. 6293(b)(3)) These test                                propane are based on simulations used
                                                DEPARTMENT OF ENERGY                                                 procedures are found in Title 10 of the                          to produce the April 2017, EIA Short-
                                                                                                                     Code of Federal Regulations (CFR) part                           Term Energy Outlook (EIA releases the
                                                Office of Energy Efficiency and                                      430, subpart B.
                                                Renewable Energy                                                                                                                      Outlook monthly). The representative
                                                                                                                        Section 323(b)(3) of the Act requires
                                                                                                                                                                                      average unit after-tax cost for kerosene
                                                                                                                     that the estimated annual operating
                                                Energy Conservation Program for                                      costs of a covered product be calculated                         is derived from its price relative to that
                                                Consumer Products: Representative                                    from measurements of energy use in a                             of heating oil, based on the 2010-to-2013
                                                Average Unit Costs of Energy                                         representative average use cycle or                              averages of the U.S. refiner price to end
                                                                                                                     period of use and from representative                            users, which include all the major
                                                AGENCY: Office of Energy Efficiency and                                                                                               energy-consuming sectors in the U.S. for
                                                Renewable Energy, Department of                                      average unit costs of the energy needed
                                                                                                                     to operate such product during such                              these fuels. The source for these price
                                                Energy.                                                                                                                               data is the April 2017, Monthly Energy
                                                                                                                     cycle. (42 U.S.C. 6293(b)(3)) The section
                                                ACTION: Notice.                                                                                                                       Review DOE/EIA–0035(2017/04). The
                                                                                                                     further requires that DOE provide
                                                                                                                     information to manufacturers regarding                           Short-Term Energy Outlook and the
                                                SUMMARY:   In this notice, the U.S.                                                                                                   Monthly Energy Review are available on
                                                Department of Energy (DOE) is                                        the representative average unit costs of
                                                                                                                     energy. (42 U.S.C. 6293(b)(4)) This cost                         the EIA Web site at http://
                                                forecasting the representative average                                                                                                www.eia.doe.gov. The representative
                                                unit costs of five residential energy                                information should be used by
                                                                                                                     manufacturers to meet their obligations                          average unit after-tax cost for propane is
                                                sources for the year 2017 pursuant to                                                                                                 derived from its price relative to that of
                                                the Energy Policy and Conservation Act                               under section 323(c) of the Act. Most
                                                                                                                     notably, these costs are used to comply                          heating oil, based on the 2017 averages
                                                (Act). The five sources are electricity,                                                                                              of the U.S. residential sector prices
                                                natural gas, No. 2 heating oil, propane,                             with Federal Trade Commission (FTC)
                                                                                                                     requirements for labeling.                                       found in the Annual Energy Outlook
                                                and kerosene.                                                                                                                         2017, AEO2017 (January 5, 2017). For
                                                                                                                     Manufacturers are required to use the
                                                DATES: The representative average unit                                                                                                more information on the data sources
                                                                                                                     revised DOE representative average unit
                                                costs of energy contained in this notice                             costs when the FTC publishes new                                 used in this Notice, contact the National
                                                will become effective June 5, 2017 and                               ranges of comparability for specific                             Energy Information Center, Forrestal
                                                will remain in effect until further notice.                          covered products, 16 CFR part 305.                               Building, EI–30, 1000 Independence
                                                FOR FURTHER INFORMATION CONTACT: John                                Interested parties can also find                                 Avenue SW., Washington, DC 20585,
                                                Cymbalsky, U.S. Department of Energy,                                information covering the FTC labeling                            (202) 586–8800, email: infoctr@
                                                Office of Energy Efficiency and                                      requirements at http://www.ftc.gov/                              eia.doe.gov.
                                                Renewable Energy Forrestal Building,                                 appliances.                                                         The 2017 representative average unit
                                                Mail Station EE–5B, 1000 Independence                                   DOE last published representative                             costs under section 323(b)(4) of the Act
                                                Avenue SW., Washington, DC 20585–                                    average unit costs of residential energy                         are set forth in Table 1, and will become
                                                0121, (202) 287–1692,                                                in a Federal Register notice entitled,                           effective June 5, 2017. They will remain
                                                ApplianceStandardsQuestions@                                         ‘‘Energy Conservation Program for                                in effect until further notice.
                                                ee.doe.gov.                                                          Consumer Products: Representative
                                                  Francine Pinto, Esq., U.S. Department                              Average Unit Costs of Energy’’, dated                              Issued in Washington, DC, on May 1, 2017.
                                                of Energy, Office of General Counsel                                 March 23, 2016, 81 FR 15513.                                     Daniel Simmons,
                                                Forrestal Building, Mail Station GC–33,                                 On June 5, 2017, the cost figures                             Acting Deputy Assistant Secretary, Energy
                                                1000 Independence Avenue SW.,                                        published in this notice will become                             Efficiency and Renewable Energy.

                                                              TABLE 1—REPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES
                                                                                                                                             [2017]

                                                                                                                 Per million
                                                                   Type of energy                                                           In commonly used terms                                 As required by test procedure
                                                                                                                   Btu 1

                                                Electricity .................................................          $37.72    12.9¢/kWh 2 3 ...........................................    $0.129/kWh.
                                                Natural Gas .............................................               10.52    $1.052/therm 4 or $10.86/MCF 5 6 ............                $0.00001052/Btu.
                                                No. 2 Heating Oil .....................................                 18.83    $2.59/gallon 7 ...........................................   $0.00001883/Btu.
SRADOVICH on DSK3GMQ082PROD with NOTICES




                                                Propane ...................................................             16.72    $1.53/gallon 8 ...........................................   $0.00001672/Btu.
                                                Kerosene .................................................              22.32    $3.01/gallon 9 ...........................................   $0.00002232/Btu.
                                                 Sources: U.S. Energy Information Administration, Short-Term Energy Outlook (April 11, 2017), Annual Energy Outlook (January 5, 2017), and
                                                Monthly Energy Review (April 25, 2017).
                                                 Notes: Prices include taxes.
                                                 1. Btu stands for British thermal units.
                                                 2. kWh stands for kilowatt hour.
                                                 3. 1 kWh = 3,412 Btu.
                                                 4. 1 therm = 100,000 Btu.



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Document Created: 2018-11-08 08:39:09
Document Modified: 2018-11-08 08:39:09
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 date of the recently published standards for miscellaneous refrigeration products. Testing to demonstrate compliance with those standards, and any other representations of energy use made on or after October 28, 2019, will require manufacturers to use the relevant test procedure for these products.
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. E-mail: [email protected]
FR Citation82 FR 21211 

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