[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Proposed Rules]
[Pages 37603-37606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18037]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 140 / Friday, July 21, 1995 / 
Proposed Rules  

[[Page 37603]]


DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430


Energy Conservation Program for Consumer Products: Department of 
Energy Refrigerator and Refrigerator-Freezer Test Procedure

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

ACTION: Notice of inquiry.

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SUMMARY: Today's document publishes a letter from Edward Schulak 
Equities, Inc. (ESE), requesting the Department of Energy (Department 
or DOE) to modify the refrigerator and refrigerator-freezer test 
procedure to allow testing the ``Energy Efficient Domestic 
Refrigeration System'' patented by ESE. The Department is soliciting 
comments, data, and information respecting the request.

DATES: The Department will accept comments, data, and information not 
later than August 21, 1995.

ADDRESSES: Written comments and statements shall be sent to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Case No. 
FRIG-001, Mail Stop EE-431, Room 1J-018, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-7574.

FOR FURTHER INFORMATION CONTACT:

Michael G. Raymond, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Mail Station EE-431, Forrestal 
Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 
586-9611.
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence 
Avenue, SW., Washington, DC 20585, (202) 586-9507.

SUPPLEMENTARY INFORMATION: The Energy Conservation Program for Consumer 
Products (other than automobiles) was established pursuant to the 
Energy Policy and Conservation Act (EPCA), Public Law 94-163, 89 Stat. 
917, as amended by the National Energy Conservation Policy Act (NECPA), 
Public Law 95-619, 92 Stat. 3266, the National Appliance Energy 
Conservation Act of 1987 (NICE), Public Law 100-12, the National 
Appliance Energy Conservation Amendments of 1988 (NICE 1988), Public 
Law 100-357, and the Energy Policy Act of 1992 (EPACT), Public Law 102-
486, 106 Stat. 2776, which requires the Department to prescribe 
standardized test procedures to measure the energy consumption of 
certain consumer products, including refrigerators and refrigerator-
freezers. The intent of the test procedures is to provide a comparable 
measure of energy consumption that will assist consumers in making 
purchasing decisions. The refrigerator and refrigerator-freezer test 
procedures appear at 10 CFR Part 430, Subpart B, Appendix A1.
    The Department amended the prescribed test procedures by adding 10 
CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR 
64108. The waiver process allows the Assistant Secretary to temporarily 
waive test procedures for a particular basic model when a petitioner 
shows that the basic model contains one or more design characteristics 
which prevent testing according to the prescribed test procedures, or 
when the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption as to provide 
materially inaccurate comparative data.
    On March 14, 1995, ESE submitted a letter regarding the 
refrigerator test procedures. This letter was submitted as a ``Petition 
for Waiver'', but also stated that ``ESE recognizes that the Waiver 
process may not be the appropriate forum, and we would like this 
request to be considered in whatever forum DOE would consider 
appropriate * * *'' ESE has patented a device which operates by cooling 
the ambient air around the condenser coil. The device is a box placed 
around the coils, connected via small tubes to the outside of the 
house. The system also includes a movable barrier for selectively 
controlling the transfer of air to the box. The purpose of the 
invention is to reduce the energy consumption of the refrigerator. 
ESE's application seeks a ``waiver'' from the Department test 
procedure, because the energy consumption of a refrigerator equipped to 
allow the ingress of cool outside air over the condenser coils is not 
addressed. ESE has not submitted a modified test procedure to be used 
for rating its refrigerator modification. ESE states that the existing 
Department test procedure needs to be modified to allow the 
introduction of cool air to the refrigerator condenser coil. This 
refrigerator modification (specifically, the addition of tubes 
conveying outdoor air to the refrigerator) may cause increased 
infiltration of outdoor air to the building, which would affect the 
energy consumption of the building containing the refrigerator as well 
as the refrigerator itself.
    The Department agrees that the current test procedure does not 
account for the total energy savings of the ESE refrigerator 
modification. Clearly, this invention would require modification to the 
test procedure, but, for two reasons, the ``Petition for Waiver'' 
process is not appropriate.
    First, waivers to the test procedure are applicable when ``basic 
models'' have design features that require exceptional treatment and 
are applicable only to the model in question. No models are currently 
manufactured incorporating this invention, nor is the invention being 
produced for retrofitting on refrigerators.
    Second, if the invention were put to use, the nature of the 
invention might require a fundamental change to the refrigerator test 
procedure because of the interaction of the invention with the building 
energy consumption.
    The Department is publishing the letter from ESE, and, to 
facilitate understanding of the invention, a digest (Attachment A), 
which the Department has extracted from the patent. The patent is 
United States Patent Number 5,291,749, Energy Efficient Domestic 
Refrigeration System, granted to Edward R. Schulak, 567 Aspen, 
Birmingham, Michigan 48009, on March 8, 1994. The Department has 
identified several issues where comments are specifically requested. 
These issues are as follows, including, but not limited to:
     The effects of the invention on building energy 
consumption;
     Manufacturability of the invention;
     Retrofitting the invention into existing dwellings;
    
[[Page 37604]]

     Method of testing the invention to determine energy 
savings.
    The Department solicits comments, data, and information respecting 
the letter.
    By publishing this letter and requesting comments, the Department 
is not expressing a view as to the technical feasibility or economic 
justification of this mechanism as an energy saving device to be used 
with refrigerators and refrigerator-freezers.

    Issued in Washington, DC, on July 13, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Edward Schulak Equities, Inc.

Christine Ervin, Assistant Secretary for Energy Efficiency and 
Renewable Energy.
March 14, 1995.
Mr. Michael J. McCabe, Director, Office of Codes and Standards, U.S. 
Department of Energy, 1000 Independence Ave., SW., Washington, DC 
20585.

    Ladies and Gentlemen: 1. Petition for Waiver--In accordance with 
10 CFR, Part 430.27 this is a Petition for Waiver from the test 
procedure set forth in 10 CFR, Part 430, Subpart B, Appendix A-1, 
adopted August 10, 1982 and revised January 1, 1993 and for the use 
of an alternate test procedure described in paragraph 4 below. 
(Edward Schulak Equities, Inc. ``ESE'' recognizes that the Waiver 
process may not be the appropriate forum and we would like this 
request to be considered in whatever forum the Department of Energy 
``DOE'' would consider appropriate, such as a Petition for Rule 
Making.) ESE has been granted U.S. Patent No. 5291749 which 
documents a unique technological breakthrough for which the required 
Appendix A-1 test procedure referenced above will not produce energy 
consumption results which correctly represent the enhanced energy 
savings possible and thereby the performance of this refrigerator.
    2. Background Information--ESE was granted U.S. Patent No. 
5291749 Titled: Energy Efficient Refrigeration System which 
documents a method of saving energy through increased efficiency in 
any commercially available refrigerator model. The company is 
familiar with DOE test procedures (specifically 10 CFR Part 430) and 
the FTC Energyguide labeling requirements. Further, the company 
engaged ETL Testing Laboratories ``ETL'' to independently confirm 
the validity of the energy savings possible with the above 
referenced patent, and to confirm the ineffectiveness of the 
existing DOE testing procedures to accurately produce energy 
consumption results with the above referenced patent (a copy of the 
ETL Reports No. 536692A, 538479B & 539826 are included as Exhibits 
A, B & C). In our opinion, the applicable DOE test procedure, which 
was designed for self contained units, has no provision to test a 
unit which transfers energy from cool external air into the unit's 
refrigeration cycle and thereby reducing the unit's overall energy 
consumption. The introduction of external cool air blown across the 
refrigerators condenser and compressor can be adapted to any rear or 
bottom mounted condenser model and has demonstrated (as confirmed by 
ETL) energy savings in excess of 25% of total power consumed by the 
unit.
    3. Specific Test Procedure Problems--With the test conditions 
and procedures currently prescribed by DOE, energy consumption of a 
refrigerator equipped to allow the ingress of cool air over the 
condenser/compressor would not be addressed. The existing test 
procedures were written strictly for self contained models. A test 
procedure to standardize the energy savings achieved on models 
equipped to receive external cool air is currently not allowed and 
therefore the energy savings cannot be officially measured and 
documented.
    As a result the dollar savings achieved through this technology 
can not be listed on the FTC Energyguide label and buyers can not be 
informed of the savings possible by purchasing a refrigerator 
engineered to utilize cool external air. It should be noted that 
there is already different test procedures established for measuring 
the energy consumption of unvented home heating equipment (Part 430, 
Subpart B, Appendix G) from that of vented home heating equipment 
(Part 430, Subpart B, Appendix O). With this new technological 
breakthrough there is now reason to consider a similar vented and 
unvented test procedure for refrigerators and freezers.
    4. Alternate Test Procedures--At the present time ESE does not 
have a proposed alternate test method for refrigerator/freezer 
utilizing this technology. However, the work commissioned by ESE and 
completed by ETL provides a basis for developing a simple test 
procedure for refrigerator/freezers adapted to accept external cool 
air as proposed by ESE. The trials at ETL suggest that no existing 
DOE test conditions or procedures need be modified or deleted, but a 
provision needs to be added to allow the introduction of external 
air at specific temperature ( deg.f) and airspeed (cfm) across the 
unit's condenser/compressor. The existing DOE test formulas and 
procedures would be unaltered. While the cool air would be 
introduced into and out of the unit, the unit is tested in full 
accordance with the existing 10 CFR, Part 430. For clarity, no test 
procedure need be altered or changed, but simply the conditions be 
expanded to allow cool air to be introduced in a consistent, 
repeatable manner to ensure that both the energy saved is measured 
in a consistent manner and that the savings can correspondingly be 
listed on the FTC Energyguide label.
    5. Public Policy Considerations--Since innovation is an 
essential part of the Congressionally mandated energy conservation 
programs, it is in the public interest for DOE to facilitate 
introduction of new product technology like alternative air ducting 
which have the potential for saving energy by reducing the number of 
compressor cycles needed to keep a refrigerator/freezer cool.
    6. Manufacturers--No existing appliance manufacturer in the 
United States market manufactures a model adapted to accept external 
cool air. In the discussions we have had with manufacturers and 
their consultants, they have clearly indicated that there is no 
advantage for them to utilize energy saving technology if it does 
qualify for the DOE Energuide Label. Manufacturers will not consider 
incorporating this new technology because the associated energy 
savings can not be quantified under the currently existing DOE Test 
conditions and procedures. Without an appropriate alternate test 
procedure, the savings can not be officially sanctioned and 
therefore are not allowed to be listed on an FTC Energyguide label. 
The adaptation that allows external cool air to flow over the 
condenser and compressor could apply to any existing model sold 
presently in the United States.
    If additional information is required, please contact me at 
(810) 644-1500.

      Respectively,
Edward Schulak,
President.
Enclosures:

    Exhibit A--ETL Report No. 536692A
    Exhibit B--ETL Report No. 5291749
    Exhibit C--ETL Report No. 538479B

Attachment A

    ``* * * the present invention provides an energy transfer system 
for a household refrigeration appliance. The energy transfer system 
includes a compartment for enclosing the condenser, which is 
associated with the refrigerator, and a set of conduits for enabling 
the transfer of outside air into, through, and out of the 
compartment. The system also includes a movable barrier for 
selectively controlling the transfer of air through the compartment. 
In one form of the present invention, the system also includes a 
thermostatically actuated fan for forcing outside air into, through, 
and out of the compartment in response to a predetermined 
temperature.
    ``The set of conduits preferably includes a first conduit for 
enabling the transfer of outside air to the compartment, and a 
second conduit for enabling the transfer of air from the compartment 
to the outside environment. Each of these conduits are disposed such 
that they extend through an external wall of said household. To 
facilitate the convection flow of air, the outlet of one conduit is 
connected to the compartment at a location which is lower than an 
inlet connection of the other conduit.
    ``Referring to Figure 1, a perspective view of a household 
refrigeration appliance (10), in accordance with the present 
invention, is shown. More specifically, the household refrigeration 
appliance depicted in Figure 1 is a domestic refrigerator which has 
been retro-fitted with the energy transfer system (12), in 
accordance with the present invention. However, it should be 
understood that the principals [sic] of the present inventions are 
equally applicable to a domestic refrigerator, which has been 
constructed at the originating factory to include a built-in energy 
transfer system.
    ``As shown in Figure 1, the refrigerator (10) generally includes 
at least one door (14) across its front and a serpentine tube

[[Page 37605]]
condenser (16) mounted across its back. As is well known in the 
field, the condenser (16) is connected to the discharge end of a 
pump to compress a refrigerant fluid , such as freon, from a gaseous 
phase to a liquid phase. This process creates heat which must be 
removed in order for the refrigeration cycle to work.
    ``With this household refrigerator arrangement, the heat 
produced at the condenser (16) is simply released into the area of 
the home which surrounds the refrigerator. However, in accordance 
with the present invention, a compartment (24) is used to enclose 
the condenser (16). As shown in Figure 1, the compartment (24) may 
be comprised of a five-sided molded fiberglass shell, which is 
mounted to the exterior side of the refrigerator (10) where the 
condenser (16) is located. In this regard, the compartment (24) 
includes a flange (26) which extends around its periphery to enable 
the compartment to be secured to the refrigerator (10) over the 
condenser (16), such as with a plurality of spaced screws. However, 
it should be understood that the compartment may be comprised of 
other suitable materials, and may take other suitable shapes in the 
appropriate application. For example, with a factory built-in energy 
transfer system, the compartment (24) may be formed integrally with 
a side of the refrigerator (10), such that the consumer need not 
discern that the compartment is included as part of the refrigerator 
body. Additionally, the compartment (24) may be constructed such 
that it includes an insulative layer in order to more fully control 
the transfer of heat from the condenser (16).
    ``The energy transfer system (12) also includes one or more 
passageways for enabling the transfer of heat out of the compartment 
(24), and for selectively utilizing outside air in this process. 
Thus, for example, as shown in Figures 1 and 2, the energy transfer 
system (12) includes a first conduit (28), which enables cool air 
from outside of the home to enter the compartment (24), and a second 
conduit (30), which enables air from inside the compartment to be 
released outside of the home. In this regard, both of these figures 
show an exterior wall (32) of the household wall, and the conduits 
(28) and (30), constructed such that they are able to extend through 
this exterior wall. The conduits (28) and (30) may be made of any 
suitable material which is appropriate for this purpose (e.g., sheet 
metal or flexible insulated duct), and the conduits may be connected 
to the compartment in a variety of ways.
    ``It should also be noted that the first conduit (28) is 
connected to the compartment (24) at a location which is lower than 
that where the second conduit (30) is connected to the compartment. 
This arrangement is used to facilitate outside air from through the 
first conduit (28) into the compartment, through the compartment, 
and out of the second conduit (30), by heat convection. While the 
conduits (28, 30) are shown to be relatively straight pipes or 
tubes, it should be understood that other suitable shapes may be 
employed, depending upon such considerations as the available space 
and the distance between the refrigerator (10) and the exterior wall 
(32).
    ``Figures 1 and 2 also show the provision of a fan (34), which 
may be used to force the flow of outside air into, through, and out 
of the compartment (24). While the fan (34) is shown to be connected 
to the compartment (24) in a way which is separate from the 
connection of the conduits (28, 30) to the compartment, it is 
preferred that the fan be connected in-line with the conduit (28), 
either within the conduit or adjacent to its outlet into the 
compartment. Additionally, it is preferred that the fan (34) be a 
thermostatically actuated fan, so that its use may be carefully 
controlled to achieve the most energy efficient benefit.
    ``Additionally, as shown in Figures 1 and 2, the energy transfer 
system (12) also includes a movable barrier or wall, in one or both 
of the conduits (28, 30) to control the flow of air through the 
compartment (24). In one form of the present invention, this movable 
barrier is comprised of a butterfly valve (36), which may be used to 
prevent or enable the flow of outside air into the compartment via a 
butterfly valve disposed in one or both of the conduits (28, 30). 
For example, in the case of butterfly valve (36) disposed in the 
second conduit (30), the flow of outside air through the first 
conduit (28) could provide sufficient force to open the butterfly 
valve, and thereby, permit the escape of air from the compartment 
(24) through the second conduit.
    ``From the above, it should be understood that the energy 
transfer system (12) conveys energy in the form of cool outside air 
to the condenser (16), in order to reduce the energy of the 
refrigeration process.
    ``Thus, in accordance with the present invention, the fan (34) 
may be actuated when the outside air temperature drops to a 
predetermined threshold level (e.g., 37 deg.C), as the energy 
efficiency achieved will be greater than the energy consumed by the 
fan. Alternatively, it should be appreciated that the refrigerator 
(10) may already include a fan which may be used to divert some air 
flow into the compartment (24) from the outside. The energy transfer 
system (12) may also include a thermostatically actuated valve, such 
as the valve which would enable ambient air from inside the 
household (e.g., 20 deg.C.) to enter the compartment (24) when the 
outside air temperature is above a particular threshold level (e.g., 
37 deg.C). In this way, the compartment (24) will always be provided 
with a sufficient supply of air flow to cool the condenser (16).''

BILLING CODE 6450-01-P

[[Page 37606]]
[GRAPHIC] [TIFF OMITTED] TP21JY95.005



[FR Doc. 95-18037 Filed 7-20-95; 8:45 am]
BILLING CODE 6450-01-C