83_FR_51103 83 FR 50907 - Energy Conservation Program: Extension of Waiver to Panasonic Appliances Refrigeration Systems Corporation of America (PAPRSA) From the Department of Energy Consumer Refrigerator and Refrigerator-Freezer Test Procedures

83 FR 50907 - Energy Conservation Program: Extension of Waiver to Panasonic Appliances Refrigeration Systems Corporation of America (PAPRSA) From the Department of Energy Consumer Refrigerator and Refrigerator-Freezer Test Procedures

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50907-50909
FR Document2018-22003

The U.S. Department of Energy (``DOE'') is granting a waiver extension (Case Number 2018-008) to Panasonic Appliances Refrigeration Systems Corporation of America (``PAPRSA'') to waive the requirements of the DOE refrigerator and refrigerator-freezer test procedures for determining the energy consumption of combination cooler-refrigerator basic model PR5181JKBC. PAPRSA is required to test and rate this basic model in accordance with the applicable DOE test procedure, with the exception that it must calculate the specified basic model's energy consumption using a correction factor (``K-factor'') of 0.85, as specified in the Extension of Waiver.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50907-50909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22003]


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DEPARTMENT OF ENERGY

[Case Number 2018-008, EERE-2017-BT-WAV-0038]


Energy Conservation Program: Extension of Waiver to Panasonic 
Appliances Refrigeration Systems Corporation of America (PAPRSA) From 
the Department of Energy Consumer Refrigerator and Refrigerator-Freezer 
Test Procedures

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

ACTION: Notice of extension of waiver.

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

SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver 
extension (Case Number 2018-008) to Panasonic Appliances Refrigeration 
Systems Corporation of America (``PAPRSA'') to waive the requirements 
of the DOE refrigerator and refrigerator-freezer test procedures for 
determining the energy consumption of combination cooler-refrigerator 
basic model PR5181JKBC. PAPRSA is required to test and rate this basic 
model in accordance with the applicable DOE test procedure, with the 
exception that it must calculate the specified basic model's energy 
consumption using a correction factor (``K-factor'') of 0.85, as 
specified in the Extension of Waiver.

DATES: This Extension of Waiver is effective October 10, 2018. The 
Extension of Waiver will terminate on October 28, 2019, in conjunction 
with the compliance date that applies to the published standards for 
miscellaneous refrigeration products (``MREFs''). See 81 FR 75194 (Oct. 
28, 2016).

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Email: [email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(g)), DOE gives notice of the 
issuance of an Extension of Waiver as set forth below. The Extension of 
Waiver extends the Decision and Order granted to PAPRSA on May 5, 2017 
(82 FR 21209, ``May 2017 Decision and Order'') to include PAPRSA 
combination cooler-refrigerator basic model PR5181JKBC, as requested by 
PAPRSA on June 26, 2018.\1\ PAPRSA must test and rate the specifically 
identified combination cooler-refrigerator basic model in accordance 
with the alternate test procedure described in the May 2017 Decision 
and Order. PAPRSA's representations concerning the energy consumption 
of the specified basic model must be based on testing according to the 
provisions and restrictions in the alternate test procedure set forth 
in the May 2017 Decision and Order, and the representations must fairly 
disclose the test results. Distributors, retailers, and

[[Page 50908]]

private labelers are held to the same requirements when making 
representations regarding the energy consumption of this product. (42 
U.S.C. 6293(c))
---------------------------------------------------------------------------

    \1\ PAPRSA's request is available at http://regulations.gov in 
docket ID EERE-2017-BT-WAV-0038.
---------------------------------------------------------------------------

    DOE makes decisions on waiver extensions for only those basic 
models specifically set out in the request, not future models that may 
be manufactured by the petitioner. PAPRSA may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of combination cooler-
refrigerators. Alternatively, if appropriate, PAPRSA may request that 
DOE extend the scope of a waiver to include additional basic models 
employing the same technology as the basic model(s) set forth in the 
original petition consistent with 10 CFR 430.27(g).

    Signed in Washington, DC, on October 2, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case Number 2018-008--Extension of Waiver

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA''),\1\ (42 U.S.C. 6291-6317), among other things, authorizes 
DOE to regulate the energy efficiency of a number of consumer products 
and industrial equipment. Title III, Part B \2\ EPCA established the 
Energy Conservation Program for Consumer Products Other Than 
Automobiles, which sets forth a variety of provisions designed to 
improve energy efficiency for certain types of consumer products. These 
products include consumer refrigerators and refrigerator-freezers, the 
focus of this extension. (42 U.S.C. 6292(a)(1)).
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 
6291), energy conservation standards (42 U.S.C. 6295), test procedures 
(42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the 
authority to require information and reports from manufacturers. (42 
U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of these products 
(42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the products comply with relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s)).
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that test procedures prescribed or 
amended under this section must be reasonably designed to produce test 
results which reflect the energy efficiency, energy use or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and requires that test procedures 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3) The test 
procedure for refrigerators and refrigerator-freezers is contained in 
10 CFR part 430, subpart B, appendix A, Uniform Test Method for 
Measuring the Energy Consumption of Refrigerators, Refrigerator-
Freezers, and Miscellaneous Refrigeration Products (``appendix A'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy or water consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id.
    A petitioner may request that DOE extend the scope of a waiver or 
an interim waiver to include additional basic models employing the same 
technology as the basic model(s) set forth in the original petition. 10 
CFR 430.27(g). DOE will publish any such extension in the Federal 
Register. Id.

II. Request for an Extension of Waiver: Assertions and Determinations

    DOE issued a Decision and Order in Case Number RF-043 granting 
PAPRSA a waiver to test its basic models PR6180WBC, KBCS24RSBS, 
SR6180BC, SR5180JBC, and PR5180JKBC using an alternate test procedure. 
82 FR 21209 (May 5, 2017) (``May 2017 Decision and Order''). PAPRSA 
requested that it be permitted to use a modified version of the test 
procedure that would specify a higher standardized temperature for 
testing wine chiller compartments as opposed to the standardized 
compartment temperature of 39 degrees Fahrenheit ([deg]F) for 
refrigerators, and use of a correction factor of 0.85 when calculating 
energy consumption. PAPRSA stated that it designed these models to 
provide an average temperature of 55 to 57 [deg]F, which it determined 
is a commonly recommended temperature for wine storage, suggesting that 
this temperature is presumed to be representative of expected consumer 
use. 81 FR 4270, 4271 (February 25, 2016).
    Based on its review of the information provided by PAPRSA, DOE 
determined that appendix A addresses the temperature issue identified 
by PAPRSA based on the amendments incorporated from the miscellaneous 
refrigeration products (``MREF'') test procedure final rule. See 81 FR 
46768 (July 18, 2016) (MREF test procedure final rule) and 81 FR 49868 
(July 29, 2016) (MREF test procedure final rule correction notice). As 
specified in the May 5, 2017 Decision and Order, DOE also identified 
the formulas in appendix A that, for purposes of the waiver, should 
incorporate a 0.85 correction factor (the correction factor accounts 
for the thermal load from loading warm items and from door openings). 
82 FR at 21210. On August 4, 2017, in response to a request from 
PAPRSA, DOE issued a Decision and Order (Case Number RF-047) extending 
the waiver to include basic model PR5181WBC. 82 FR 36386.
    On June 26, 2018, PAPRSA submitted a request under 10 CFR 430.27(g) 
to extend the scope of the waiver in Case Number RF-043 to a new basic 
model, PR5181JKBC. PAPRSA stated that the new basic model employs the 
same technology as the basic models set forth in the original petition 
for waiver. Specifically, PAPRSA stated that basic model PR5181JKBC 
employs the same wine compartment--beverage compartment technology and 
design characteristics as the basic models for which the original 
waiver was granted and that the basic model uses a heater that prevents 
the wine-chiller

[[Page 50909]]

compartment temperature from falling below 42 [deg]F.
    DOE has reviewed PAPRSA's waiver extension request in Case Number 
RF-043. Based on this review, DOE has determined that the basic model 
specified in PAPRSA's current waiver extension request incorporates the 
same design characteristics as those basic models covered under the 
waiver in Case Number RF-043 such that the DOE test procedure evaluates 
that basic model in a manner that is unrepresentative of its actual 
energy use. DOE also determined that applying the alternate procedure 
specified in Case Number RF-043 will allow for the accurate measurement 
of the energy use of the consumer refrigerator basic model identified 
by PAPRSA in its waiver extension request.

III. Order

    After careful consideration of all the material submitted by PAPRSA 
in this matter, it is Ordered that:
    (1) PAPRSA must, as of the date of publication of this Extension of 
Waiver in the Federal Register, test and rate the combination cooler-
refrigerator basic model PR5181JKBC as set forth in paragraph (2).
    (2) The alternate test procedure for the basic model listed in 
paragraph (1) is the test procedure in 10 CFR part 430, subpart B, 
appendix A, with the exception that PAPRSA must calculate energy 
consumption using a correction factor (``K-factor'') of 0.85, as 
follows.
    The energy consumption is defined by:
    If compartment temperatures are below their respective standardized 
temperatures for both test settings (according to 10 CFR part 430, 
subpart B, appendix A, sec. 6.2.4.1):

E = (ET1 x 0.85) + IET.

    If compartment temperatures are not below their respective 
standardized temperatures for both test settings, the higher of the two 
values calculated by the following two formulas (according to 10 CFR 
part 430, subpart B, appendix A, sec. 6.2.4.2):

    Energy consumption of the ``cooler compartment'':
    ECooler Compartment = (ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-
TW1)]) x 0.85 + IET

    Energy consumption of the ``fresh food compartment'':
    EFreshFood Compartment = (ET1 + [(ET2-ET1) x (39 [deg]F-TBC1)/
(TBC2-TBC1)]) x 0.85 + IET.

    (3) Representations. PAPRSA may not make representations about the 
energy consumption of the combination cooler-refrigerator identified in 
paragraph (1) of this section for compliance, marketing, or other 
purposes unless that basic model has been tested in accordance with the 
provisions set forth above and such representations fairly disclose the 
results of such testing.
    (4) This Extension of Waiver shall remain in effect consistent with 
the provisions of 10 CFR 430.27. This Order will terminate on October 
28, 2019, in conjunction with the compliance date that applies to the 
standards published on October 28, 2016 for miscellaneous refrigeration 
products (``MREFs''). See 81 FR 75194 (Oct. 28, 2016). Testing to 
demonstrate compliance with those standards must be performed in 
accordance with the MREF test procedure final rule. See 81 FR 46768 
(July 18, 2016) (MREF test procedure final rule) and 81 FR 49868 (July 
29, 2016) (MREF test procedure final rule correction notice).
    (5) This Extension of Waiver is issued on the condition that the 
statements, representations, and documents provided by PAPRSA are 
valid. If PAPRSA makes any modifications to the controls or 
configurations of these basic models, the waiver will no longer be 
valid and PAPRSA will either be required to use the current Federal 
test method or submit a new application for a test procedure waiver. 
DOE may rescind or modify this Extension of Waiver at any time if it 
determines the factual basis underlying the petition for extension of 
waiver is incorrect, or the results from the alternate test procedure 
are unrepresentative of the basic models' true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, PAPRSA may request that 
DOE rescind or modify the Extension of Waiver if the petitioner 
discovers an error in the information provided to DOE as part of its 
petition, determines that the Extension of Waiver is no longer needed, 
or for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Granting of this Extension of Waiver does not release PAPRSA 
from the certification requirements set forth at 10 CFR part 429.

Signed in Washington, DC, on October 2, 2018.

Kathleen B. Hogan,

    Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

[FR Doc. 2018-22003 Filed 10-9-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                              50907

                                              provide materially inaccurate                           paragraph (1) for compliance,                         extension (Case Number 2018–008) to
                                              comparative data. 83 FR 11739. The                      marketing, or other purposes unless the               Panasonic Appliances Refrigeration
                                              March 2018 Decision and Order                           basic model has been tested in                        Systems Corporation of America
                                              specifies that Apple test and rate the                  accordance with the provisions set forth              (‘‘PAPRSA’’) to waive the requirements
                                              subject basic models such that the 100%                 above and such representations fairly                 of the DOE refrigerator and refrigerator-
                                              nameplate loading condition when                        disclose the results of such testing.                 freezer test procedures for determining
                                              testing at the lowest achievable output                    (4) This Extension of Waiver shall                 the energy consumption of combination
                                              voltage is 2A (which corresponds to an                  remain in effect consistent with the                  cooler-refrigerator basic model
                                              output power of 10 watts). 83 FR 11740.                 provisions of 10 CFR 430.27.                          PR5181JKBC. PAPRSA is required to
                                              The 75%, 50%, and 25% loading                              (5) This Extension of Waiver is issued             test and rate this basic model in
                                              conditions shall be scaled accordingly                  on the condition that the statements,                 accordance with the applicable DOE test
                                              and the nameplate output power of such                  representations, and documents                        procedure, with the exception that it
                                              an EPS, at the lowest output voltage,                   provided by Apple are valid. If Apple                 must calculate the specified basic
                                              shall be equal to 10 watts. Id.                         makes any modifications to the controls               model’s energy consumption using a
                                                On May 17, 2018, Apple requested to                   or configurations of this basic model,                correction factor (‘‘K-factor’’) of 0.85, as
                                              extend the scope of the waiver it                       the waiver will no longer be valid and                specified in the Extension of Waiver.
                                              received in Case Number 2018–001, to                    Apple will either be required to use the              DATES: This Extension of Waiver is
                                              the Apple brand basic model A1882.                      current Federal test method or submit a               effective October 10, 2018. The
                                              Apple stated that this basic model                      new application for a test procedure                  Extension of Waiver will terminate on
                                              employs the same technology as the                      waiver. DOE may rescind or modify this                October 28, 2019, in conjunction with
                                              models covered by the existing waiver.                  Extension of Waiver at any time if it                 the compliance date that applies to the
                                                DOE has reviewed Apple’s waiver                       determines the factual basis underlying               published standards for miscellaneous
                                              extension request and determined that                   the petition for Extension of Waiver is               refrigeration products (‘‘MREFs’’). See
                                              the adaptive EPS basic model identified                 incorrect, or the results from the                    81 FR 75194 (Oct. 28, 2016).
                                              in Apple’s request incorporates the                     alternate test procedure are                          FOR FURTHER INFORMATION CONTACT: Ms.
                                              same design characteristics as those                    unrepresentative of the basic model’s                 Lucy deButts, U.S. Department of
                                              basic models covered under Apple’s                      true energy consumption characteristics.              Energy, Office of Energy Efficiency and
                                              existing waiver such that the test                      10 CFR 430.27(k)(1). Likewise, Apple                  Renewable Energy, Building
                                              procedure evaluates that basic model in                 may request that DOE rescind or modify                Technologies Office, EE–5B, 1000
                                              a manner that is unrepresentative of its                the Extension of Waiver if the petitioner             Independence Avenue SW, Washington,
                                              use when charging a product that is sold                discovers an error in the information                 DC 20585–0121. Email: AS_Waiver_
                                              or intended to be used with the EPS.                    provided to DOE as part of its petition,              Requests@ee.doe.gov.
                                              DOE also determined that the alternate                  determines that the Extension of Waiver                  Mr. Michael Kido, U.S. Department of
                                              procedure specified in Case Number                      is no longer needed, or for other                     Energy, Office of the General Counsel,
                                              EPS–001 will allow for the accurate                     appropriate reasons. 10 CFR                           Mail Stop GC–33, Forrestal Building,
                                              measurement of the energy use of the                    430.27(k)(2)                                          1000 Independence Avenue SW,
                                              basic model identified by Apple in its                     (6) Granting of this extension does not            Washington, DC 20585–0103.
                                              waiver extension request.                               release Apple from the certification                  Telephone: (202) 586–8145. Email:
                                                                                                      requirements set forth at 10 CFR part                 Michael.Kido@hq.doe.gov.
                                              III. Order                                              429.
                                                                                                                                                            SUPPLEMENTARY INFORMATION: In
                                                 After careful consideration of all the                 Signed in Washington, DC, on October 2,             accordance with Title 10 of the Code of
                                              material submitted by Apple in this                     2018.                                                 Federal Regulations (10 CFR 430.27(g)),
                                              matter, it is Ordered that:
                                                                                                      Kathleen B. Hogan,                                    DOE gives notice of the issuance of an
                                                 (1) Apple must test and rate the EPS
                                                                                                      Deputy Assistant Secretary for Energy                 Extension of Waiver as set forth below.
                                              of Apple brand basic model A1882, as
                                                                                                      Efficiency, Energy Efficiency and Renewable           The Extension of Waiver extends the
                                              of the date of publication of this
                                                                                                      Energy.                                               Decision and Order granted to PAPRSA
                                              Extension of Waiver in the Federal
                                                                                                      [FR Doc. 2018–22004 Filed 10–9–18; 8:45 am]           on May 5, 2017 (82 FR 21209, ‘‘May
                                              Register, as set forth in paragraph (2).
                                                 (2) The alternate test procedure for the             BILLING CODE 6450–01–P                                2017 Decision and Order’’) to include
                                              basic model listed in paragraph (1) of                                                                        PAPRSA combination cooler-refrigerator
                                              this section is the test procedure for                                                                        basic model PR5181JKBC, as requested
                                                                                                      DEPARTMENT OF ENERGY                                  by PAPRSA on June 26, 2018.1 PAPRSA
                                              EPSs prescribed by DOE at 10 CFR part
                                                                                                                                                            must test and rate the specifically
                                              430, subpart B, appendix Z, except that                 [Case Number 2018–008, EERE–2017–BT–
                                                                                                                                                            identified combination cooler-
                                              under section 4(a)(i)(E) and Table 1 of                 WAV–0038]
                                                                                                                                                            refrigerator basic model in accordance
                                              Appendix Z, the adaptive EPSs must be
                                                                                                      Energy Conservation Program:                          with the alternate test procedure
                                              tested such that when testing at the
                                                                                                      Extension of Waiver to Panasonic                      described in the May 2017 Decision and
                                              lowest achievable output voltage (i.e.,
                                                                                                      Appliances Refrigeration Systems                      Order. PAPRSA’s representations
                                              5V), the Nameplate Output Current shall
                                                                                                      Corporation of America (PAPRSA)                       concerning the energy consumption of
                                              be 2A (which corresponds to an output
                                                                                                      From the Department of Energy                         the specified basic model must be based
                                              power of 10W at the 100% loading
                                                                                                      Consumer Refrigerator and                             on testing according to the provisions
                                              condition). The 75%, 50%, and 25%                                                                             and restrictions in the alternate test
                                              loading conditions shall be scaled                      Refrigerator-Freezer Test Procedures
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                            procedure set forth in the May 2017
                                              accordingly and the nameplate output                    AGENCY: Office of Energy Efficiency and               Decision and Order, and the
                                              power of such an EPS, at the lowest                     Renewable Energy, Department of                       representations must fairly disclose the
                                              output voltage, shall be equal to 10W.                  Energy.                                               test results. Distributors, retailers, and
                                                 (3) Representations. Apple may not                   ACTION: Notice of extension of waiver.
                                              make representations about the energy                                                                           1 PAPRSA’s request is available at http://
                                              efficiency of the adaptive external                     SUMMARY:   The U.S. Department of                     regulations.gov in docket ID EERE–2017–BT–WAV–
                                              power supply basic model identified in                  Energy (‘‘DOE’’) is granting a waiver                 0038.



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                                              50908                      Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

                                              private labelers are held to the same                       The Federal testing requirements                   II. Request for an Extension of Waiver:
                                              requirements when making                                 consist of test procedures that                       Assertions and Determinations
                                              representations regarding the energy                     manufacturers of covered products must                   DOE issued a Decision and Order in
                                              consumption of this product. (42 U.S.C.                  use as the basis for: (1) Certifying to               Case Number RF–043 granting PAPRSA
                                              6293(c))                                                 DOE that their products comply with                   a waiver to test its basic models
                                                DOE makes decisions on waiver                          the applicable energy conservation                    PR6180WBC, KBCS24RSBS, SR6180BC,
                                              extensions for only those basic models                   standards adopted pursuant to EPCA (42                SR5180JBC, and PR5180JKBC using an
                                              specifically set out in the request, not                 U.S.C. 6295(s)), and (2) making                       alternate test procedure. 82 FR 21209
                                              future models that may be manufactured                   representations about the efficiency of               (May 5, 2017) (‘‘May 2017 Decision and
                                              by the petitioner. PAPRSA may submit                     these products (42 U.S.C. 6293(c)).                   Order’’). PAPRSA requested that it be
                                              a new or amended petition for waiver                                                                           permitted to use a modified version of
                                                                                                       Similarly, DOE must use these test
                                              and request for grant of interim waiver,                                                                       the test procedure that would specify a
                                                                                                       procedures to determine whether the
                                              as appropriate, for additional basic                                                                           higher standardized temperature for
                                              models of combination cooler-                            products comply with relevant
                                                                                                       standards promulgated under EPCA. (42                 testing wine chiller compartments as
                                              refrigerators. Alternatively, if                                                                               opposed to the standardized
                                              appropriate, PAPRSA may request that                     U.S.C. 6295(s)).
                                                                                                                                                             compartment temperature of 39 degrees
                                              DOE extend the scope of a waiver to                         Under 42 U.S.C. 6293, EPCA sets forth
                                                                                                                                                             Fahrenheit (°F) for refrigerators, and use
                                              include additional basic models                          the criteria and procedures DOE is                    of a correction factor of 0.85 when
                                              employing the same technology as the                     required to follow when prescribing or                calculating energy consumption.
                                              basic model(s) set forth in the original                 amending test procedures for covered                  PAPRSA stated that it designed these
                                              petition consistent with 10 CFR                          products. EPCA requires that test                     models to provide an average
                                              430.27(g).                                               procedures prescribed or amended                      temperature of 55 to 57 °F, which it
                                                Signed in Washington, DC, on October 2,                under this section must be reasonably                 determined is a commonly
                                              2018.                                                    designed to produce test results which                recommended temperature for wine
                                              Kathleen B. Hogan,                                       reflect the energy efficiency, energy use             storage, suggesting that this temperature
                                              Deputy Assistant Secretary for Energy                    or estimated annual operating cost of a               is presumed to be representative of
                                              Efficiency, Energy Efficiency and Renewable              covered product during a representative               expected consumer use. 81 FR 4270,
                                              Energy.                                                  average use cycle or period of use and                4271 (February 25, 2016).
                                              Case Number 2018–008—Extension of                        requires that test procedures not be                     Based on its review of the information
                                              Waiver                                                   unduly burdensome to conduct. (42                     provided by PAPRSA, DOE determined
                                                                                                       U.S.C. 6293(b)(3) The test procedure for              that appendix A addresses the
                                              I. Background and Authority                                                                                    temperature issue identified by PAPRSA
                                                                                                       refrigerators and refrigerator-freezers is
                                                 The Energy Policy and Conservation                    contained in 10 CFR part 430, subpart                 based on the amendments incorporated
                                              Act of 1975, as amended (‘‘EPCA’’),1 (42                 B, appendix A, Uniform Test Method for                from the miscellaneous refrigeration
                                              U.S.C. 6291–6317), among other things,                   Measuring the Energy Consumption of                   products (‘‘MREF’’) test procedure final
                                              authorizes DOE to regulate the energy                    Refrigerators, Refrigerator-Freezers, and             rule. See 81 FR 46768 (July 18, 2016)
                                              efficiency of a number of consumer                                                                             (MREF test procedure final rule) and 81
                                                                                                       Miscellaneous Refrigeration Products
                                              products and industrial equipment.                                                                             FR 49868 (July 29, 2016) (MREF test
                                                                                                       (‘‘appendix A’’).
                                              Title III, Part B 2 EPCA established the                                                                       procedure final rule correction notice).
                                              Energy Conservation Program for                             Under 10 CFR 430.27, any interested                As specified in the May 5, 2017
                                              Consumer Products Other Than                             person may submit a petition for waiver               Decision and Order, DOE also identified
                                              Automobiles, which sets forth a variety                  from DOE’s test procedure                             the formulas in appendix A that, for
                                              of provisions designed to improve                        requirements. DOE will grant a waiver                 purposes of the waiver, should
                                              energy efficiency for certain types of                   from the test procedure requirements if               incorporate a 0.85 correction factor (the
                                              consumer products. These products                        DOE determines either that the basic                  correction factor accounts for the
                                              include consumer refrigerators and                       model for which the waiver was                        thermal load from loading warm items
                                              refrigerator-freezers, the focus of this                 requested contains a design                           and from door openings). 82 FR at
                                              extension. (42 U.S.C. 6292(a)(1)).                       characteristic that prevents testing of the           21210. On August 4, 2017, in response
                                                 Under EPCA, DOE’s energy                              basic model according to the prescribed               to a request from PAPRSA, DOE issued
                                              conservation program consists                            test procedures, or that the prescribed               a Decision and Order (Case Number RF–
                                              essentially of four parts: (1) Testing, (2)              test procedures evaluate the basic model              047) extending the waiver to include
                                              labeling, (3) Federal energy conservation                in a manner so unrepresentative of its                basic model PR5181WBC. 82 FR 36386.
                                              standards, and (4) certification and                     true energy or water consumption                         On June 26, 2018, PAPRSA submitted
                                              enforcement procedures. Relevant                         characteristics as to provide materially              a request under 10 CFR 430.27(g) to
                                              provisions of EPCA include definitions                   inaccurate comparative data. 10 CFR                   extend the scope of the waiver in Case
                                              (42 U.S.C. 6291), energy conservation                    430.27(f)(2). DOE may grant the waiver                Number RF–043 to a new basic model,
                                              standards (42 U.S.C. 6295), test                                                                               PR5181JKBC. PAPRSA stated that the
                                                                                                       subject to conditions, including
                                              procedures (42 U.S.C. 6293), labeling                                                                          new basic model employs the same
                                                                                                       adherence to alternate test procedures.
                                              provisions (42 U.S.C. 6294), and the                                                                           technology as the basic models set forth
                                                                                                       Id.
                                              authority to require information and                                                                           in the original petition for waiver.
                                              reports from manufacturers. (42 U.S.C.                      A petitioner may request that DOE                  Specifically, PAPRSA stated that basic
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                                              6296).                                                   extend the scope of a waiver or an                    model PR5181JKBC employs the same
                                                                                                       interim waiver to include additional                  wine compartment—beverage
                                                 1 All references to EPCA in this document refer       basic models employing the same                       compartment technology and design
                                              to the statute as amended through the EPS                technology as the basic model(s) set                  characteristics as the basic models for
                                              Improvement Act of 2017, Public Law 115–115
                                              (January 12, 2018).                                      forth in the original petition. 10 CFR                which the original waiver was granted
                                                 2 For editorial reasons, upon codification in the     430.27(g). DOE will publish any such                  and that the basic model uses a heater
                                              U.S. Code, Part B was redesignated Part A.               extension in the Federal Register. Id.                that prevents the wine-chiller


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                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                          50909

                                              compartment temperature from falling                    this section for compliance, marketing,               DEPARTMENT OF ENERGY
                                              below 42 °F.                                            or other purposes unless that basic
                                                DOE has reviewed PAPRSA’s waiver                      model has been tested in accordance                   Request for Public Comment on the
                                              extension request in Case Number RF–                    with the provisions set forth above and               U.S. Department of Energy
                                              043. Based on this review, DOE has                      such representations fairly disclose the              Interpretation of High-Level
                                              determined that the basic model                         results of such testing.                              Radioactive Waste
                                              specified in PAPRSA’s current waiver                                                                          AGENCY: Office of Environmental
                                              extension request incorporates the same                    (4) This Extension of Waiver shall
                                                                                                      remain in effect consistent with the                  Management, U.S. Department of
                                              design characteristics as those basic                                                                         Energy.
                                              models covered under the waiver in                      provisions of 10 CFR 430.27. This Order
                                                                                                      will terminate on October 28, 2019, in                ACTION: Notice of public comment
                                              Case Number RF–043 such that the DOE
                                                                                                      conjunction with the compliance date                  period.
                                              test procedure evaluates that basic
                                              model in a manner that is                               that applies to the standards published               SUMMARY:    The U.S. Department of
                                              unrepresentative of its actual energy                   on October 28, 2016 for miscellaneous                 Energy (DOE or the Department)
                                              use. DOE also determined that applying                  refrigeration products (‘‘MREFs’’). See               provides this Notice and request for
                                              the alternate procedure specified in                    81 FR 75194 (Oct. 28, 2016). Testing to               public comment on its interpretation of
                                              Case Number RF–043 will allow for the                   demonstrate compliance with those                     the definition of the statutory term
                                              accurate measurement of the energy use                  standards must be performed in                        ‘‘high-level radioactive waste’’ (HLW) as
                                              of the consumer refrigerator basic model                accordance with the MREF test                         set forth in the Atomic Energy Act of
                                              identified by PAPRSA in its waiver                      procedure final rule. See 81 FR 46768                 1954 and the Nuclear Waste Policy Act
                                              extension request.                                      (July 18, 2016) (MREF test procedure                  of 1982. This statutory term indicates
                                              III. Order                                              final rule) and 81 FR 49868 (July 29,                 that not all wastes from the reprocessing
                                                                                                      2016) (MREF test procedure final rule                 of spent nuclear fuel (‘‘reprocessing
                                                 After careful consideration of all the               correction notice).                                   wastes’’) are HLW, and DOE interprets
                                              material submitted by PAPRSA in this                                                                          the statutory term such that some
                                              matter, it is Ordered that:                                (5) This Extension of Waiver is issued
                                                                                                      on the condition that the statements,                 reprocessing wastes may be classified as
                                                 (1) PAPRSA must, as of the date of                                                                         not HLW (non-HLW) and may be
                                              publication of this Extension of Waiver                 representations, and documents
                                                                                                                                                            disposed of in accordance with their
                                              in the Federal Register, test and rate the              provided by PAPRSA are valid. If
                                                                                                                                                            radiological characteristics.
                                              combination cooler-refrigerator basic                   PAPRSA makes any modifications to the
                                                                                                                                                            DATES: DOE invites stakeholders to
                                              model PR5181JKBC as set forth in                        controls or configurations of these basic
                                                                                                                                                            submit written comments on its
                                              paragraph (2).                                          models, the waiver will no longer be
                                                                                                                                                            interpretation. The 60-day public
                                                 (2) The alternate test procedure for the             valid and PAPRSA will either be                       comment period begins on October 10,
                                              basic model listed in paragraph (1) is                  required to use the current Federal test              2018 and ends on December 10, 2018.
                                              the test procedure in 10 CFR part 430,                  method or submit a new application for                Only comments received through one of
                                              subpart B, appendix A, with the                         a test procedure waiver. DOE may                      the methods described below will be
                                              exception that PAPRSA must calculate                    rescind or modify this Extension of                   accepted. DOE will consider all
                                              energy consumption using a correction                   Waiver at any time if it determines the               comments received or postmarked by
                                              factor (‘‘K-factor’’) of 0.85, as follows.              factual basis underlying the petition for
                                                 The energy consumption is defined                                                                          December 10, 2018.
                                                                                                      extension of waiver is incorrect, or the              ADDRESSES: Please direct comments to:
                                              by:
                                                                                                      results from the alternate test procedure                (a) Email: Send comments to
                                                 If compartment temperatures are
                                              below their respective standardized                     are unrepresentative of the basic                     HLWnotice@em.doe.gov. Please submit
                                              temperatures for both test settings                     models’ true energy consumption                       comments in MicrosoftTM Word, or PDF
                                              (according to 10 CFR part 430, subpart                  characteristics. 10 CFR 430.27(k)(1).                 file format, and avoid the use of
                                              B, appendix A, sec. 6.2.4.1):                           Likewise, PAPRSA may request that                     encryption.
                                                                                                      DOE rescind or modify the Extension of                   (b) Mail: Send to the following
                                              E = (ET1 × 0.85) + IET.
                                                                                                      Waiver if the petitioner discovers an                 address: Theresa Kliczewski, U.S.
                                                 If compartment temperatures are not                                                                        Department of Energy, Office of
                                                                                                      error in the information provided to
                                              below their respective standardized                                                                           Environmental Management, Office of
                                              temperatures for both test settings, the                DOE as part of its petition, determines
                                                                                                      that the Extension of Waiver is no                    Waste and Materials Management (EM–
                                              higher of the two values calculated by                                                                        4.2), 1000 Independence Avenue SW,
                                              the following two formulas (according                   longer needed, or for other appropriate
                                                                                                      reasons. 10 CFR 430.27(k)(2).                         Washington, DC 20585.
                                              to 10 CFR part 430, subpart B, appendix                                                                       FOR FURTHER INFORMATION CONTACT:
                                              A, sec. 6.2.4.2):                                          (6) Granting of this Extension of                  Theresa Kliczewski at HLWnotice@
                                                 Energy consumption of the ‘‘cooler                   Waiver does not release PAPRSA from                   em.doe.gov or at U.S. Department of
                                              compartment’’:                                          the certification requirements set forth              Energy, Office of Environmental
                                                 ECooler Compartment = (ET1 +                         at 10 CFR part 429.                                   Management, Office of Waste and
                                              [(ET2¥ET1) × (55 °F¥TW1)/                               Signed in Washington, DC, on October 2,               Materials Management (EM–4.2), 1000
                                              (TW2¥TW1)]) × 0.85 + IET                                2018.                                                 Independence Avenue SW, Washington,
                                                 Energy consumption of the ‘‘fresh                    Kathleen B. Hogan,                                    DC 20585. Telephone: (202) 586–3301.
                                              food compartment’’:                                       Deputy Assistant Secretary for Energy               SUPPLEMENTARY INFORMATION:
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                                                 EFreshFood Compartment = (ET1 +                      Efficiency, Energy Efficiency and Renewable
                                              [(ET2¥ET1) × (39 °F¥TBC1)/                              Energy.
                                                                                                                                                            A. Background
                                              (TBC2¥TBC1)]) × 0.85 + IET.                                                                                     DOE manages large inventories of
                                                                                                      [FR Doc. 2018–22003 Filed 10–9–18; 8:45 am]
                                                 (3) Representations. PAPRSA may not                                                                        legacy waste resulting from spent
                                                                                                      BILLING CODE 6450–01–P
                                              make representations about the energy                                                                         nuclear fuel (SNF) reprocessing
                                              consumption of the combination cooler-                                                                        activities from atomic energy defense
                                              refrigerator identified in paragraph (1) of                                                                   programs, e.g., nuclear weapons


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Document Created: 2018-10-10 17:38:06
Document Modified: 2018-10-10 17:38:06
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
ActionNotice of extension of waiver.
DatesThis Extension of Waiver is effective October 10, 2018. The Extension of Waiver will terminate on October 28, 2019, in conjunction with the compliance date that applies to the published standards for miscellaneous refrigeration products (``MREFs''). See 81 FR 75194 (Oct. 28, 2016).
ContactMs. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: [email protected]
FR Citation83 FR 50907 

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