[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Proposed Rules]
[Pages 29824-29876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11957]



[[Page 29823]]

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Part II





Department of Energy





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10 CFR Part 430



Energy Conservation Program for Consumer Products: Test Procedures for 
Refrigerators, Refrigerator-Freezers, and Freezers; Proposed Rule

  Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / 
Proposed Rules  

[[Page 29824]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2009-BT-TP-0003]
RIN 1904-AB92


Energy Conservation Program for Consumer Products: Test 
Procedures for Refrigerators, Refrigerator-Freezers, and Freezers

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

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: The U.S. Department of Energy (DOE) today is issuing a notice 
of proposed rulemaking (NOPR) to amend the test procedures for 
refrigerators, refrigerator-freezers, and freezers. The NOPR consists 
of two parts. First, it proposes amending the current procedure by 
adding test procedures to account for refrigerator-freezers equipped 
with variable anti-sweat heater controls, amending the long-time 
automatic defrost test procedure to capture all energy use associated 
with the defrost cycle expended during testing, establishing test 
procedures for refrigerator-freezers equipped with more than two 
compartments, making minor adjustments to the language to eliminate any 
potential ambiguity regarding how to conduct tests, and requiring 
certain information in certification reports to clarify how some 
products are tested to determine their energy ratings. Second, the 
notice proposes amended test procedures for refrigerators, 
refrigerator-freezers, and freezers that would be required for 
measuring energy consumption once DOE promulgates new energy 
conservation standards for these products. These new standards are 
currently under development in a separate rulemaking activity. Pursuant 
to the Energy Policy and Conservation Act of 1975, as amended, these 
new standards would apply to newly manufactured products starting on 
January 1, 2014. While the amended test procedures would be based 
largely on the test methodology used in the existing test procedures, 
they also include significant revisions with respect to the measurement 
of compartment temperatures and compartment volumes that would provide 
a more comprehensive accounting of energy usage by these products. 
Finally, the new test procedure for 2014 would incorporate into the 
energy use metric the energy use associated with icemaking for products 
with automatic icemakers. This NOPR also discusses the proposed 
treatment of combination wine storage-freezer products that were the 
subject of a recent test procedure waiver, the testing of refrigeration 
products with the anti-sweat heater switch turned off, the treatment of 
auxiliary features used in refrigeration products, the treatment of 
electric heaters in the current and proposed test procedures, and the 
incorporation of icemaking energy use in the test procedure.

DATES: DOE will hold a public meeting on Tuesday, June 22, 2010, from 9 
a.m. to 4 p.m., in Washington, DC. DOE must receive requests to speak 
at the public meeting before 4 p.m., Tuesday, June 8, 2010. DOE must 
receive a signed original and an electronic copy of statements to be 
given at the public meeting before 4 p.m., Tuesday, June 15, 2010.
    DOE will accept comments, data, and information regarding this NOPR 
before and after the public meeting, but no later than August 10, 2010. 
See section V, ``Public Participation,'' of this NOPR for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. To attend the public meeting, please notify 
Ms. Brenda Edwards at (202) 586-2945. (Please note that foreign 
nationals visiting DOE Headquarters are subject to advance security 
screening procedures. Any foreign national wishing to participate in 
the public meeting should advise DOE as soon as possible by contacting 
Ms. Edwards to initiate the necessary procedures.)
    Any comments submitted must identify the NOPR on Test Procedures 
for Refrigerators, Refrigerator-Freezers, and Freezers, and provide the 
docket number EERE-2009-BT-TP-0003 and/or Regulatory Information Number 
(RIN) 1904-AB92. Comments may be submitted using any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include docket 
number EERE-2009-BT-TP-0003 and/or RIN 1904-AB92 in the subject line of 
the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121. Please submit one signed paper 
original.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 
Suite 600, Washington, DC 20024. Telephone: (202) 586-2945. Please 
submit one signed paper original.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V, ``Public 
Participation,'' of this document.
    Docket: For access to the docket to read background documents or 
comments received, visit the U.S. Department of Energy, Resource Room 
of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. Please call Ms. Brenda 
Edwards at the above telephone number for additional information about 
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 287-1317. E-mail: 
[email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-8145. E-mail: [email protected].
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Summary of the Proposal
III. Discussion
    A. Products Covered by the Proposed Revisions
    B. Combination Wine Storage-Freezer Units
    C. Establishing New Appendices A and B, and Compliance Date for 
the Amended Test Procedures
    D. Amendments to Take Effect Prior to a New Energy Conservation 
Standard
    1. Procedures for Test Sample Preparation
    2. Product Clearances to Walls During Testing
    3. Alternative Compartment Temperature Sensor Locations
    4. Median Temperature Settings for Electronic Control Products

[[Page 29825]]

    5. Test Procedures for Convertible Compartments and Special 
Compartments
    6. Establishing a Temperature-Averaging Procedure for Auxiliary 
Compartments
    7. Modified Definition for Anti-Sweat Heater
    8. Testing With the Anti-Sweat Heater Switch Turned Off
    9. Incorporation of Test Procedures for Products With Variable 
Anti-Sweat Heating Control Waivers
    10. Modification of Long-Time and Variable Defrost Test Method 
To Capture Precooling Energy
    11. Establishing Test Procedures for Multiple Defrost Cycle 
Types
    12. Elimination of Part 3 of the Variable Defrost Test
    13. Corrections and Other Test Procedure Language Changes
    14. Including in Certification Reports Basic Information 
Clarifying Energy Measurements
    E. Amendments To Take Effect Simultaneously With a New Energy 
Conservation Standard
    1. Incorporating by Reference AHAM Standard HRF-1-2008 for 
Measuring Energy and Internal Volume of Refrigerating Appliances
    2. Establishing New Compartment Temperatures
    3. Establishing New Volume Calculation Method
    4. Control Settings for Refrigerators and Refrigerator-Freezers 
During Testing
    5. Icemakers and Icemaking
    F. Other Issues Under Consideration
    1. Electric Heaters
    2. Rounding Off Energy Test Results
    G. Compliance With Other EPCA Requirements
    1. Test Burden
    2. Potential Amendments To Include Standby and Off Mode Energy 
Consumption
IV. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
V. Public Participation
    A. Attendance at the Public Meeting
    B. Procedure for Submitting Requests To Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 
6291, et seq.; ``EPCA'' or, ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency. (All references to 
EPCA refer to the statute as amended through the Energy Independence 
and Security Act of 2007 (EISA 2007), Public Law 110-140 (Dec. 19, 
2007)). Part A of title III (42 U.S.C. 6291-6309) establishes the 
``Energy Conservation Program for Consumer Products Other Than 
Automobiles,'' which includes refrigerators, refrigerator-freezers, and 
freezers, all of which are referred to below as ``covered products''. 
(42 U.S.C. 6291(1)-(2) and 6292(a)(1)) ``Refrigerators, refrigerator-
freezers, and freezers'' are referred to below, collectively, as 
``refrigeration products''. Under the Act, this program consists 
essentially of three parts: (1) Testing, (2) labeling, and (3) Federal 
energy conservation standards. The testing requirements consist of test 
procedures that, pursuant to EPCA, manufacturers of covered products 
must use (1) as the basis for certifying to the DOE that their products 
comply with applicable energy conservation standards adopted under 
EPCA, and (2) for making representations about the efficiency of those 
products. Similarly, DOE must use these test requirements to determine 
whether the products comply with any relevant standards promulgated 
under EPCA.
    By way of background, the National Appliance Energy Conservation 
Act of 1987 (NAECA), Public Law 100-12, amended EPCA by including, 
among other things, performance standards for residential refrigeration 
products. (42 U.S.C. 6295(b)). On November 17, 1989, DOE amended these 
performance standards for products manufactured on or after January 1, 
1993. 54 FR 47916. DOE subsequently published a correction to revise 
these new standards for three product classes. 55 FR 42845 (October 24, 
1990). DOE again updated the performance standards for refrigeration 
products on April 28, 1997, for products manufactured on or after July 
1, 2001. 62 FR 23102.
    EISA 2007 amended EPCA to require DOE to determine by December 31, 
2010, whether amending the energy conservation standards in effect for 
refrigeration products would be justified. (42 U.S.C. 6295(b)(4)) As a 
result, DOE has initiated a standards rulemaking for these products. On 
September 18, 2008, DOE announced the availability of a framework 
document to initiate that rulemaking. (73 FR 54089) On September 29, 
2008, DOE held a public workshop to discuss the framework document and 
issues related to the rulemaking. The framework document identified 
several test procedure issues, including: (1) Compartment temperature 
changes; (2) modified volume calculation methods; (3) products that 
deactivate energy-using features during energy testing; (4) variable 
anti-sweat heaters; (5) references to the updated Association of Home 
Appliance Manufacturers (AHAM) HRF-1 test standard, ``Energy and 
Internal Volume of Refrigerating Appliances'', published in 2008 (HRF-
1-2008); (6) convertible compartments; and (7) harmonization with 
international test procedures. (``Energy Conservation Standards 
Rulemaking Framework Document for Residential Refrigerators, 
Refrigerator-Freezers, and Freezers'', RIN 1904-AB79, Docket No. EERE-
2008-BT-STD-0012) Separately, DOE raised the issue of how to address 
various aspects related to the icemaker, including the manner in which 
to measure icemaking energy usage as well as set-up issues during 
testing. (``Additional Guidance Regarding Application of Current 
Procedures for Testing Energy Consumption of Refrigerator-Freezers with 
Automatic Ice Makers'', (December 18, 2009) published at 75 FR 2122 
(January 14, 2010)) The test procedure rulemaking announced by today's 
notice seeks to address these issues and to establish a procedure that 
will be used for determining compliance with the new energy 
conservation standards under development.

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
for DOE's adoption and amendment of such test procedures. EPCA provides 
in relevant part that ``[a]ny test procedures prescribed or amended 
under this section shall be reasonably designed to produce test results 
which measure energy efficiency, energy use * * * or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use, as determined by the Secretary [of Energy], and 
shall not be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments. (U.S.C. 
6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE 
must determine ``to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency * * * of any covered

[[Page 29826]]

product as determined under the existing test procedure.'' (42 U.S.C. 
6293(e)(1)) If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2))
    With respect to today's rulemaking, DOE has tentatively determined 
that at least some of the amendments it is proposing may result in a 
change in measured efficiency when compared to the current test 
procedure, although DOE has not quantified the full impact of these 
anticipated changes. In such situations, EPCA requires a standards 
rulemaking to address such changes in measured energy efficiency. (42 
U.S.C. 6293(e)(2)) However, DOE is presently under an obligation under 
42 U.S.C. 6295(b)(4) to conduct an amended standards rulemaking for 
refrigeration products by December 31, 2010. Consequently, DOE will 
consider the impacts of the test procedure changes that are affected by 
this rulemaking in the context of that standards rulemaking. DOE 
requests comments regarding what impacts, if any, would be associated 
with the test procedure amendments proposed to be adopted prior to the 
effective date of the new energy conservation standards. These comments 
should specifically address the amendments proposed in section III.D.
    DOE also considers the activity initiated by today's notice 
sufficient to satisfy the 7-year review requirement established by 
Section 302 of EISA 2007 to review its test procedures for all covered 
products at least once every seven years, including refrigeration 
products, and either amend the applicable test procedures or publish a 
determination in the Federal Register not to amend it. (42 U.S.C. 
6293(b)(1)(A))
    Because DOE's existing test procedures for these products were 
already in place on December 19, 2007, when the 7-year test procedure 
review provisions of EPCA were enacted (42 U.S.C. 6293(b)(1)(A)), DOE 
would have had to review these test procedures by December 2014. 
However, since DOE is already considering changes to the test procedure 
in anticipation of the 2014 rulemaking required by Congress, DOE is 
satisfying this requirement in advance of that date. This rulemaking 
satisfies those review requirements in that it constitutes a review of 
the current procedures and proposes amendments to those procedures for 
refrigeration products.

Refrigerators and Refrigerator-Freezers

    DOE's test procedures for refrigerators and refrigerator-freezers 
are found at 10 CFR part 430, subpart B, Appendix A1. DOE initially 
established its test procedures for refrigerators and refrigerator-
freezers in a final rule published in the Federal Register on September 
14, 1977. 42 FR 46140. Industry representatives viewed these test 
procedures as too complex and eventually developed alternative test 
procedures in conjunction with AHAM that were incorporated into the 
1979 version of HRF-1, ``Household Refrigerators, Combination 
Refrigerator-Freezers, and Household Freezers'' (HRF-1-1979). Using 
this industry-created test procedure, DOE revised its test procedures 
on August 10, 1982. 47 FR 34517. On August 31, 1989, DOE published a 
final rule establishing test procedures for variable defrost control (a 
system that varies the time intervals between defrosts based on the 
defrost need). 54 FR 36238. DOE most recently amended these test 
procedures in a final rule published March 7, 2003, which modified the 
test period used for products equipped with long-time automatic 
defrost. 68 FR 10957. The term ``long-time automatic defrost'' 
identifies the use of an automatic defrost control in which successive 
defrosts are separated by more than 14 hours of compressor run time. 
The test procedures include provisions for determining the annual 
energy use in kilowatt-hours (kWh) and the annual operating cost for 
electricity for refrigerators and refrigerator-freezers.
    Also, consistent with the regulations set out in 10 CFR part 430, 
the 1989 and 2003 final rules terminated all the previous refrigerator 
and refrigerator-freezer test procedure waivers that DOE had previously 
granted to manufacturers before the issuance of the 2003 rule. Since 
the issuance of that rule, DOE has granted four waivers and three 
interim waivers. First, on April 24, 2007, DOE permitted Liebherr 
Hausger[auml]te to test a combination wine storage-freezer line of 
appliances using a standardized temperature of 55 [deg]F for the wine 
storage compartment, as opposed to the 45 [deg]F prescribed for fresh 
food compartments of refrigerators and refrigerator-freezers. 72 FR 
20333, 20334.
    Second, DOE has granted waivers and interim waivers allowing 
manufacturers to use a modified procedure to test refrigeration 
products that use ambient condition sensors that adjust anti-sweat 
heater power consumption. These heaters prevent condensation on the 
external surfaces of refrigerators and refrigerator-freezers. The new 
control addressed by the waivers uses sensors that detect ambient 
conditions to energize the heaters only when needed. The procedure 
described by these waivers provides a method for manufacturers to 
determine the energy consumed by a refrigerator using this type of 
variable control system. The first of these waivers was granted to the 
General Electric Company (GE) on February 27, 2008. 73 FR 10425. DOE 
granted a similar waiver to Whirlpool Corporation on May 5, 2009. 74 FR 
20695. DOE published a petition for a third waiver from Electrolux Home 
Products, Inc. (Electrolux) and granted its application for an interim 
waiver on June 4, 2009. 74 FR 26853. On December 15, 2009, DOE granted 
a waiver to Electrolux (74 FR 66338) and published a petition for a 
second waiver to Electrolux seeking to extend the coverage of this 
waiver to additional basic models. 74 FR 66344. On December 15, 2009, 
DOE also published a petition from Samsung Electronics America 
(Samsung) seeking a waiver for variable control of anti-sweat heaters 
and granted the company an interim waiver. 74 FR 66340.
    After granting a waiver, DOE regulations generally direct the 
agency to initiate a rulemaking that would amend the regulations to 
eliminate the continued need for the waiver. 10 CFR 430.27(m). Today's 
notice addresses this requirement. Once this rule becomes effective, 
any waivers it addresses will terminate.

Freezers

    DOE's test procedures for freezers are found at 10 CFR part 430, 
subpart B, Appendix B1. DOE established its test procedures for 
freezers in a final rule published in the Federal Register on September 
14, 1977. 42 FR 46140. As with DOE's test procedures for refrigerators 
and refrigerator-freezers, industry representatives viewed the freezer 
test procedures as too complex and worked with AHAM to develop 
alternative test procedures, which were incorporated into the 1979 
version of HRF-1. DOE revised its test procedures for freezers based on 
this AHAM standard on August 10, 1982. 47 FR 34517. The test procedures 
were amended on September 20, 1989, to correct the effective date 
published in the August 31, 1989 rule. See 54 FR 38788. The test 
procedures include provisions for determining the annual energy use in 
kWh and annual electrical operating costs for freezers.
    DOE has not issued any waivers from the freezer test procedures 
since the promulgation of the 1989 final rule.

[[Page 29827]]

II. Summary of the Proposal

    The proposed rule contains two basic parts. First, it would amend 
the current DOE test procedures for refrigerators, refrigerator-
freezers, and freezers, to clarify the manner in which to test for 
compliance with existing energy conservation standards. As indicated in 
greater detail below, these proposed amendments, if adopted, would 
apply strictly to the current procedures in Appendices A1 and B1. These 
minor amendments would eliminate any potential ambiguity contained in 
these appendices and clarify regulatory text to ensure that regulated 
entities fully understand the long-standing views and interpretations 
that the Department holds with respect to the application and 
implementation of the test procedures that are in place. The current 
procedures would also be amended to account for, among other things, 
the various waivers granted by DOE.
    Second, the proposal would establish comprehensive changes to the 
manner in which the procedures are conducted by creating new Appendices 
A and B. Elements from the proposed amendments to Appendices A1 and B1 
would also be carried over into the new Appendices A and B. The 
procedures contained in these new appendices would apply only to those 
products that would be covered by any new standard that DOE promulgates 
and would be organized separately from the current test procedures 
found in Appendices A1 and B1. EPCA requires these new standards to 
take effect by January 1, 2014. While DOE is proposing to retain 
current Appendices A1 and B1 for this rulemaking to cover products 
manufactured before the effective date of the new standards, once the 
new standards become effective, these appendices would be replaced by 
Appendices A and B, respectively. Consequently, DOE would apply the 
procedures detailed in the proposed Appendices A and B to potential 
revisions to the energy conservation standards for refrigerators, 
refrigerator-freezers, and freezers.
    The proposed amendments discussed in this notice would, if adopted, 
take effect 30 days after issuance of the final rule. However, 
manufacturers would not need to use Appendices A and B until the 
compliance date for the 2014 standards, which has been set by Congress 
through EISA 2007 (i.e. January 1, 2014). See EISA 2007, sec. 311(a)(3) 
(42 U.S.C. 6295(b)(4))
    The proposed revisions of Appendices A1 and B1 would achieve four 
primary goals: (1) Address issues raised in the framework document, by 
stakeholders during the framework workshop, and in written comments; 
(2) incorporate test procedures for refrigerator-freezers with variable 
anti-sweat heater controls that were the subject of test procedure 
waivers granted to General Electric, Whirlpool, and Electrolux and an 
interim waiver granted to Samsung, (3) modify the long-time automatic 
defrost test procedure to ensure that the test procedure measures all 
energy use associated with the defrost function, and (4) clarify the 
test procedures for addressing special compartments and those 
refrigerator-freezers that are equipped with more than two 
compartments. The revisions also address areas of potential 
inconsistency in the current procedure, and eliminate an optional test 
that DOE understands is not used by the industry.
    The test procedure revisions in the new Appendices A and B would 
include (1) new compartment temperatures for refrigerators and 
refrigerator-freezers, and (2) new methods for measuring compartment 
volumes for all refrigeration products. These two amendments would 
improve harmonization with relevant international standards and test 
repeatability. The compartment temperature changes would significantly 
impact the energy use measured by the test for refrigerators and 
refrigerator-freezers. The new volume calculation method being proposed 
would change the adjusted volume for all refrigeration products. The 
proposed temperature changes would also affect the calculated adjusted 
volume, which is equal to the fresh food compartment volume plus a 
temperature-dependent adjustment factor multiplied by the freezer 
compartment volume. Since the standards for refrigeration products are 
expressed as equations that specify maximum energy use as a function of 
adjusted volume, the proposed modifications would impact the allowable 
energy use for all of these products. The proposed changes would also 
change the energy factor, which is equal to adjusted volume divided by 
daily energy consumption.
    This notice also discusses the combination wine storage-freezer 
products that were the subject of the Liebherr Hausger[auml]te test 
procedure waiver. While DOE expects to propose modified product 
definitions to include coverage of wine storage products in a separate 
future rulemaking addressing just these products, DOE proposes in this 
current rulemaking to establish consistency in its treatment of wine 
coolers and wine storage-freezers.
    Lastly, this notice also discusses (1) the measurement of energy 
use of electric heaters in refrigeration products, (2) the energy use 
of auxiliary features, and (3) the incorporation of the measurement of 
icemaking energy use into the test procedure. Incorporating the 
measurement of icemaking energy use would add the energy used to 
produce ice in refrigeration products that are equipped with automatic 
icemakers. This addition would improve the consistency of the 
measurement with the representative use cycle for such products.

III. Discussion

    Table 1 below summarizes the subsections of this section and 
indicates where the proposed amendments would appear in each appendix. 
Three of the subsections address proposed changes in sections of 10 CFR 
430 other than appendices A1, B1, A, or B, and four of the subsections 
would not have any proposed test procedure changes associated with 
them.

                                                            Table 1--Section III Subsections
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                Affected appendices
                    Section                                       Title                  ---------------------------------------------------------------
                                                                                                A1              B1               A               B
--------------------------------------------------------------------------------------------------------------------------------------------------------
A..............................................  Products Covered by the Proposed            No proposed change is associated with this section of the
                                                  Revisions.                                                           NOPR.
                                                                                         ---------------------------------------------------------------
B..............................................  Combination Wine Storage-Freezer Units.                                 *
                                                                                         ---------------------------------------------------------------
C..............................................  Establishing New Appendices A and B,            [check]         [check]         [check]         [check]
                                                  and Compliance Date for the Amended
                                                  Test Procedures.

[[Page 29828]]

 
D.1............................................  Procedures for Test Sample Preparation.         [check]         [check]         [check]         [check]
D.2............................................  Product Clearances to Walls During              [check]         [check]         [check]         [check]
                                                  Testing.
D.3............................................  Alternative Compartment Temperature             [check]         [check]         [check]         [check]
                                                  Sensor Locations.
D.4............................................  Median Temperature Settings for                 [check]         [check]         [check]         [check]
                                                  Electronic Control Products.
D.5............................................  Test Procedures for Convertible                 [check]  ..............         [check]  ..............
                                                  Compartments and Special Compartments.
D.6............................................  Establishing a Temperature-Averaging            [check]         [check]         [check]         [check]
                                                  Procedure for Auxiliary Compartments.
D.7............................................  Modified Definition for Anti-Sweat              [check]         [check]         [check]         [check]
                                                  Heater.
                                                                                         ---------------------------------------------------------------
D.8............................................  Testing with the Anti-Sweat Heater                                     **
                                                  Switch Turned Off.
                                                                                         ---------------------------------------------------------------
D.9............................................  Incorporation of Test Procedures for            [check]  ..............         [check]  ..............
                                                  Products with Variable Anti-Sweat
                                                  Heating Control Waivers.
D.10...........................................  Modification of Long-Time and Variable          [check]         [check]         [check]         [check]
                                                  Defrost Test Method to Capture
                                                  Precooling Energy.
D.11...........................................  Establishing Test Procedures for                [check]  ..............         [check]  ..............
                                                  Multiple Defrost Cycle Types.
D.12...........................................  Elimination of Part 3 of the Variable           [check]         [check]         [check]         [check]
                                                  Defrost Test.
D.13.A.........................................  A: Simplification of Energy Use                 [check]         [check]         [check]         [check]
                                                  Equation for Products with Variable
                                                  Defrost Control.
D.13.B.........................................  B: Energy Testing and Energy Use                [check]  ..............         [check]  ..............
                                                  Equation for Products with Dual
                                                  Automatic Defrost.
                                                                                         ---------------------------------------------------------------
D.14...........................................  Including in Certification Reports                                     ***
                                                  Basic Information Clarifying Energy
                                                  Measurements.
                                                                                         ---------------------------------------------------------------
E.1............................................  Incorporating by Reference AHAM          ..............  ..............         [check]         [check]
                                                  Standard HRF-1-2008 for Measuring
                                                  Energy and Internal Volume of
                                                  Refrigerating Appliances.
E.2............................................  Establishing New Compartment             ..............  ..............         [check]         [check]
                                                  Temperatures.
E.3............................................  Establishing New Volume Calculation      ..............  ..............         [check]         [check]
                                                  Method.
E.4............................................  Control Settings for Refrigerators and   ..............  ..............         [check]         [check]
                                                  Refrigerator-Freezers During Testing.
E.5............................................  Icemakers and Icemaking................  ..............  ..............         [check]         [check]
                                                                                         ---------------------------------------------------------------
F.1............................................  Electric Heaters.......................   No proposed changes to the regulatory language are associated
                                                                                                         with these sections of the NOPR.
F.2............................................  Rounding Off Energy Test Results.......
G.1............................................  Test Burden............................
G.2............................................  Potential Amendments to Include Standby
                                                  and Off Mode Energy Consumption.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 \*\ This amendment would appear in 10 CFR 430.2.
\**\ This amendment would appear in 10 CFR 430.23.
\***\ This amendment would appear in 10 CFR 430.62.

A. Products Covered by the Proposed Revisions

    The current regulations define the terms ``refrigerators,'' 
``refrigerator-freezers,'' and related terms as follows:
    ``Refrigerator'' means an electric refrigerator.
    ``Refrigerator-freezer'' means an electric refrigerator-freezer.
    ``Electric refrigerator'' means a cabinet designed for the 
refrigerated storage of food at temperatures above 32 [deg]F and below 
39 [deg]F, configured for general refrigerated food storage, and having 
a source of refrigeration requiring single phase, alternating current 
electric energy input only. An electric refrigerator may include a 
compartment for the freezing and storage of food at temperatures below 
32 [deg]F, but does not provide a separate low temperature compartment 
designed for the freezing and storage of food at temperatures below 8 
[deg]F.
    ``Electric refrigerator-freezer'' means a cabinet which consists of 
two or more compartments with at least one of the compartments designed 
for the refrigerated storage of food at temperatures above 32 [deg]F 
and with at least one of the compartments designed for the freezing and 
storage of food at temperatures below 8 [deg]F which may be adjusted by 
the user to a temperature of 0 [deg]F or below. The source of 
refrigeration requires single phase, alternating current electric 
energy input only.
10 CFR 430.2.
    This rulemaking proposes to change the definition for electric 
refrigerator-freezer to limit the fresh food compartment temperature 
range to a maximum temperature of 39 [deg]F, consistent with the 
definition for electric refrigerator. This specific

[[Page 29829]]

proposal is discussed further in section III.B. No change is being 
proposed to the definition for electric refrigerator but DOE is open to 
comments on possible improvements to enhance the clarity of this term 
and may incorporate such changes in the final rule.
    DOE notes that its regulations currently define a freezer as ``a 
cabinet designed as a unit for the freezing and storage of food at 
temperatures of 0 [deg]F or below, and having a source of refrigeration 
requiring single phase, alternating current electric energy input 
only.'' 10 CFR 430.2. No change in this definition is being proposed at 
this time but, as with the definition for electric refrigerator-
freezers, DOE is interested in receiving comments on this issue to help 
improve the definition's clarity and may decide to modify the 
definition based on these comments.

B. Combination Wine Storage-Freezer Units

    DOE amended its definition of electric refrigerators to exclude 
wine storage products on November 19, 2001. 66 FR 57845. Specifically, 
the definition was changed to exclude products that do not maintain 
internal temperatures below 39 [deg]F. The final rule explained that 
these products ``are configured with special storage racks for wine 
bottles and in general do not attain as low a storage temperature as a 
standard refrigerator. These characteristics make them unsuitable for 
general long-term storage of perishable foods.'' 66 FR 57846. The final 
rule also stated that ``sales of these products are small and excluding 
them from coverage would not have any significant impacts.'' Id.
    DOE, however, did not change the definition of electric 
refrigerator-freezers to exclude products such as the Liebherr line of 
wine storage-freezer appliances, which contain both freezer and wine 
storage compartments. DOE believes that the arguments made in favor of 
excluding wine storage products from the definition of electric 
refrigerators also apply to combination appliances such as these wine 
storage-freezer combination appliances--i.e., the wine storage 
compartment does not attain temperatures which are suitable for long-
term storage of perishable foods, and the sales levels of such products 
are small.
    The current test procedure does not address the treatment of wine 
storage-freezer products. Because of this gap, Liebherr Hausger[auml]te 
(Liebherr) petitioned the agency for a test procedure waiver to address 
this product. (72 FR 20333) DOE granted a test procedure waiver to 
Liebherr on April 24, 2007 (Liebherr waiver) that permitted the company 
to test and certify its combination wine storage-freezer line of 
appliances. (72 FR 20333) The waiver specified that testing shall be 
conducted following the test procedures for refrigerator-freezers, 
except that the standard temperature for the wine-storage compartment 
shall be 55 [deg]F, as opposed to 45 [deg]F as specified in the test 
procedures for refrigerator-freezers. (72 FR 20334)
    Under DOE's regulations, DOE must publish a NOPR to amend the DOE 
test procedures to eliminate the continued need for the waiver. A final 
rule must issue ``as soon thereafter as practicable.'' The waiver would 
then terminate on the effective date of the final rule. 10 CFR 
430.27(m). Accordingly, to address this requirement and the treatment 
of these products, DOE proposes to modify the definition of electric 
refrigerator-freezers in order to exclude products with wine storage or 
other compartments that do not attain suitable temperatures for food 
storage. The proposed modified definition is as follows:

    ``Electric refrigerator-freezer'' means a cabinet which consists 
of two or more compartments with at least one of the compartments 
designed for the refrigerated storage of food at temperatures above 
32 [deg]F and below 39 [deg]F and with at least one of the 
compartments designed for the freezing and storage of food at 
temperatures below 8 [deg]F which may be adjusted by the user to a 
temperature of 0 [deg]F or below. Additional compartments shall be 
designed for temperatures in any range up to 39 [deg]F. The source 
of refrigeration requires single phase, alternating current electric 
energy input only.

    This definition of refrigerator-freezer, if adopted, would exclude 
the Liebherr product line and other similar products from coverage 
under the test procedures and energy conservation standards for 
refrigerator-freezers. DOE is proposing this approach to maintain 
consistency with treatment of single-compartment wine storage products, 
which were eliminated from coverage by the definition change for 
refrigerators discussed above in this section, and to clarify that 
energy conservation standards have not been established for these 
products. DOE expects to propose modifications to cover wine storage 
products in a separate future rulemaking.
    DOE notes that beer refrigerators, in contrast to wine coolers, 
generally are designed to operate with compartment temperature below 
39[deg]F. Hence, these products are, and would continue to be treated 
as, refrigerators and would continue to remain subject to the current 
test procedures and energy conservation standards of 10 CFR 430.

C. Establishing New Appendices A and B, and Compliance Date for the 
Amended Test Procedures

    As briefly discussed above, the effective date for all of today's 
proposed amendments would be 30 days after publication of a final rule. 
However, only the amendments to Appendices A1 and B1 would have an 
immediate impact on manufacturers.
    For purposes of representations, under 42 U.S.C. 6293(c)(2), 
effective 180 days after amending a test procedure, manufacturers 
cannot make representations regarding energy use and efficiency unless 
the product was tested in accordance with the amended test procedure. A 
manufacturer, distributor, retailer or private labeler may petition DOE 
to obtain an extension of time for making these representations. (42 
U.S.C. 6293(c)(3))
    However, manufacturers would need to use proposed Appendices A and 
B once amended energy conservation standards become effective on 
January 1, 2014. Likewise, the proposed Appendices A and B would be 
mandatory for representations regarding energy use or operating cost of 
these products once the new energy conservation standards take effect. 
Under EPCA, DOE must determine by no later than December 31, 2010, 
whether to amend energy conservation standards that would apply to 
refrigeration products manufactured on or after January 1, 2014. As 
discussed earlier, because the proposed modified test procedures of 
Appendices A and B would change the measured energy use of these 
products, DOE is planning to amend its energy conservation standards 
for these products. (42 U.S.C. 6293(e)(2)) These amended test 
procedures would be used in analyzing and developing any amended 
standards.

D. Amendments To Take Effect Prior to a New Energy Conservation 
Standard

1. Procedures for Test Sample Preparation
    Current DOE test procedures generally address product features and 
functions available at the time that the test procedures were written. 
Advances in technology and product design, however, can lead to 
operating conditions and/or product features and functions that are not 
addressed in current applicable test procedures. In particular, these 
existing test procedures may not specifically address these new 
features or functions that are in addition to (and not involved in) the 
primary functions of maintaining temperatures suitable for food storage 
(i.e. temperatures up to 39 [deg]F). To the extent

[[Page 29830]]

that these new features or functions may be directly involved with the 
primary functions, in DOE's view, the energy use impact of these 
secondary functions should be included when measuring the overall 
energy consumption of a covered product under the DOE test procedure.
    Because DOE's test procedures provide a measurement of a 
representative average use cycle, the procedures need to reflect the 
changes in technology and product design that are present in current 
products. If installation of a refrigeration product according to its 
accompanying instructions does not clearly explain how to set up 
products with new technology or design features, concerns may arise as 
to whether a given test can be conducted in a fashion that would 
measure the representative energy use of the product.
    HRF-1-1979, parts of which are included in the current DOE test 
procedure by reference, requires that, ``the cabinet with its 
refrigerating mechanism is to be assembled and set up as nearly as 
practicable in accordance with the printed instructions supplied with 
the cabinet.'' HRF-1-1979, section 7.4.2. Similarly, HRF-1-2008, parts 
of which are proposed to be included in the new Appendices A and B, has 
an essentially identical requirement: ``The cabinet with its 
refrigerating mechanism shall be assembled and set up as nearly as 
practical in accordance with the printed instructions supplied with the 
cabinet.'' HRF-1-2008, section 5.5.2. DOE proposes to emphasize this 
set-up requirement by eliminating the words, ``as nearly as 
practical'', and providing specific (permitted and required) deviations 
from this set-up requirement as warranted. DOE is proposing the use of 
these specific deviations in order to ensure that the procedure is 
clear and yields consistent test results. This provision would be 
inserted directly into section 2 of Appendices A1, B1, A, and B.
    Permitted deviations from this requirement would include set-up 
details that are required for consumer installation but do not affect 
measured energy use. Examples include:
     Connection of water lines and installation of water 
filters (not required).
     Anchoring or otherwise securing a product to prevent 
tipping during energy testing (also not required, but encouraged if 
necessary to ensure safety during testing).
    Required deviations needed to achieve the necessary testing 
conditions and obtain consistent results would include, but are not 
limited to, the following:
     Clearance requirements: Establishing a consistent approach 
for wall-to-cabinet clearances that would limit the clearance ranges 
when compared to actual field installations.
     The electric power supply: Establishing a tighter 
tolerance on the voltage of the power supply than would be found during 
field use.
     Temperature control settings: Establishing standardized 
compartment temperatures to ensure meaningful comparisons of test 
results.
    All of the permitted and required deviations from the printed 
instructions included with the manufacturer's product would be listed 
in section 2 of Appendices A1, B1, A, and B. DOE conducted a review of 
product installation instructions to determine which instructions would 
require specific language describing allowed or required deviations 
during testing. However, there may be other specific installation 
instructions that would affect energy use or would otherwise not be 
necessary to conduct the test. DOE seeks comment on whether these 
proposed deviations are sufficient to ensure that the procedure is 
clear and produces consistent results.
    DOE recognizes that in some cases there may still be questions 
about how to set up a product for testing. In cases where the proposed 
modified language does not address the specific type of situation 
presented by a particular basic model, a test procedure waiver would be 
the appropriate course of action to allow test procedures to be 
developed for the specific characteristics of the product. DOE proposes 
to incorporate language into the test procedure instructing 
manufacturers to apply for a test procedure waiver in such cases. DOE 
proposes adding language to the set-up instructions of section 2 to 
alert manufacturers to this issue.
    In addition, DOE proposes to add a new section 7 to the test 
procedure that explains when a test procedure waiver would be needed:

    To the extent that the procedures contained in this appendix do 
not provide a means for determining the energy consumption of a 
refrigerator or refrigerator-freezer, a manufacturer must obtain a 
waiver under 10 CFR 430.27 to establish an acceptable test procedure 
for each such product. Such instances could, for example, include 
situations where the test set-up for a particular refrigerator or 
refrigerator-freezer basic model is not clearly defined by the 
provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.

    DOE proposes to add this language to Appendices A1, B1, A, and B.
    In addition to questions about product set-up during testing, the 
introduction of new technology in refrigeration products may cause the 
product to operate in a manner inconsistent with a representative 
average use cycle. An example of such technology in modern 
refrigerators is the variable anti-sweat heater control described in 
section III.D.9. This type of control, which responds to ambient 
humidity, generally will not allow the anti-sweat heaters to operate in 
a fashion consistent with a representative use cycle when tested in 
accordance with the required 90 [deg]F ambient temperature. This occurs 
because the control operates on the basis of relative humidity, which 
is not required to be controlled and is typically lower in a test 
chamber at 90 [deg]F than in the temperatures typically found in homes 
(approximately 70 [deg]F). (See, e.g,, Appendix A1, section 2.1). 
Measuring the energy use of such a product using the current test 
procedure would not be repeatable because the measurement can be 
affected by this uncontrolled parameter. Hence, the modifications 
provided by the current waivers associated with this control (and by 
the proposed amended test procedure) provide a reasonably designed 
procedure to obtain energy costs during a representative average use 
cycle.
    In order to address these types of situations, AHAM introduced the 
following additional language in AHAM standard HRF-1-2007:

    The following principles of interpretation should be applied to 
AHAM HRF-1, and should apply to and guide any revisions to the test 
procedure. The intent of the energy test procedure is to simulate 
typical room conditions (approximately 70 [deg]F) with door 
openings, by testing at 90 [deg]F without door openings.
    Except for operating characteristics that are affected by 
ambient temperature (for example, compressor percent run time), the 
unit, when tested under this standard, shall operate equivalent to 
the unit in typical room conditions. The energy used by the unit 
shall be calculated when a calculation is provided by the standard.
    Energy consuming components that operate in typical room 
conditions (including as a result of door openings, or a function of 
humidity), and that are not exempted by this standard, shall operate 
in an equivalent manner during energy testing under this standard, 
or be accounted for by all calculations as provided for in the 
standard.

    Examples: 
    1. Energy saving features that are designed to operate when 
there are no door openings for long periods of time shall not be 
functional during the energy test.
    2. The defrost heater should not either function or turn off 
differently during the

[[Page 29831]]

energy test than it would when in typical room conditions.
    3. Electric heaters that would normally operate at typical room 
conditions with door openings should also operate during the energy 
test.
    4. Energy used during adaptive defrost shall continue to be 
tested and adjusted per the calculation provided for in this 
standard.

    (HRF-1-2007, section 1.2)
    HRF-1-2008 incorporates this language and ENERGY STAR adopted it as 
part of its Program Requirements that took effect in April 2008. (see 
``ENERGY STAR Program Eligibility Criteria for Residential 
Refrigerators and/or Freezers'', section 4 (August 3, 2007)).
    DOE proposes to use similar language in 10 CFR 430.23(a) to address 
the testing of refrigerators and refrigerator-freezers, and 10 CFR 
430.23(b) to address the testing of freezers. The new text would read 
as follows:

    The energy test procedure is designed to provide a measurement 
consistent with representative average consumer use of the product, 
even if the test conditions and/or procedures may not themselves all 
be representative of average consumer use (e.g, 90 [ordm]F ambient 
conditions, no door openings, use of temperature settings unsafe for 
food preservation, etc.). If (1) a product contains energy consuming 
components that operate differently during the prescribed testing 
than they would during representative average consumer use and (2) 
applying the prescribed test to that product would evaluate it in a 
manner that is unrepresentative of its true energy consumption 
(thereby providing materially inaccurate comparative data), the 
prescribed procedure may not be used. Examples of products that 
cannot be tested using the prescribed test procedure include those 
products that can exhibit operating parameters (e.g, duty cycle or 
input wattage) for any energy using component that are not smoothly 
varying functions of operating conditions or control inputs--such as 
when a component is automatically shut off when test conditions or 
test settings are reached. A manufacturer wishing to test such a 
product must obtain a waiver in accordance with the relevant 
provisions of 10 CFR 430.

    DOE's proposal reflects the statutory requirement, and the 
Department's longstanding view, that the overall objective of the test 
procedure is to measure the product's energy consumption during a 
representative average use cycle or period of use. 42 U.S.C. 
6293(b)(3). Further, the test procedure requires specific conditions 
during testing that are designed to ensure repeatability while avoiding 
excessive testing burdens. Although certain test conditions specified 
in the test procedure may deviate from representative use, such 
deviations are carefully designed and circumscribed in order to attain 
an overall calculated measurement of the energy consumption during 
representative use. Thus, it is--and has always been--DOE's view that 
products should not be designed such that the energy consumption drops 
during test condition settings in ways that would bias the overall 
measurement to make it unrepresentative of average consumer use. While 
DOE may consider imposing design requirements to prohibit certain 
control schemes, the agency believes that addressing this issue through 
the applicable test procedure and related requirements is appropriate 
at this time. Accordingly, DOE's proposed language both (1) makes 
explicit in the regulatory text the Department's long held 
interpretation that the purpose of the test procedure is to measure 
representative use and (2) proposes a specific mechanism--the waiver 
process--as a mandatory requirement for all products for which the test 
procedure would not properly capture the energy consumption during 
representative use.
    DOE seeks comment on this proposed language to address products 
equipped with controls or other features that modify the operation of 
energy using components during testing. The language does not identify 
specific product characteristics that could make the test procedure 
unsuitable for testing certain products (e.g, modification of operation 
based on ambient temperature) but rather describes such characteristics 
generally, in order to assure that the language can apply to any 
potential features that would yield measurements unrepresentative of 
the product's energy consumption during a representative use cycle. 
While the proposed language does not delineate what constitutes 
representative average consumer use, in DOE's view, this use would 
include a variety of factors, including ranges of ambient temperature 
and humidity, multiple door openings of a variety of durations, food 
product loading, and ice production, among others. DOE seeks comment on 
this issue and invites commenters to submit any data that would help 
define the representative average use setting for each of these 
parameters and seeks comment and data on this issue. DOE also seeks 
comment on whether more specificity is needed to define (1) the types 
of product characteristics that would make the test procedure 
unsuitable to use and (2) the concept of representative average use.
2. Product Clearances to Walls During Testing
    Wall clearance is a necessary element to refrigerator and 
refrigerator-freezer energy efficiency testing because the restriction 
of airflow due to close proximity to the wall can affect the cooling 
performance of the condenser. The condenser removes heat from the 
refrigeration system to the ambient air. In this regard, the current 
procedure references the steps outlined in HRF-1-1979, which provides 
that ``[t]he space between the back [of the cabinet] and the wall shall 
be in accordance with the manufacturer's instructions or as determined 
by mechanical stops on the back of the cabinet.'' (HRF-1-1979, section 
7.4.2).
    The National Institute of Standards and Technology (NIST) examined 
the repeatability of energy testing based on the current DOE procedure 
and observed that the procedure does not provide clear guidance 
regarding the required clearance between the rear of a test sample 
cabinet and the wall of the test chamber or another simulated wall 
during testing. (Yashar, D.A. Repeatability of Energy Consumption Test 
Results for Compact Refrigerators, September 2000. U.S. Department of 
Commerce, National Institute of Standards and Technology, Gaithersburg, 
MD. NISTIR.6560, available at http://www.fire.nist.gov/bfrlpubs/build00/PDF/b00055.pdf). The alternative instruction provided by the 
current procedure--i.e. ``as determined by mechanical stops on the back 
of the cabinet''--implies that a minimum distance from the wall 
applies. HRF-1-2008 provides greater specificity by providing that 
``the space between the back and the test room wall or simulated wall 
shall be the minimum distance in accordance with the manufacturer's 
instructions or as determined by mechanical stops on the back of the 
cabinet.'' (HRF-1-2008, section 5.5.2).
    Refining this requirement is particularly important for products 
equipped with static condensers, which rely on free convection (i.e. 
heat transfer by air movement induced by the buoyancy effects of 
temperature differences rather than by fans) to cool the condenser. 
Static condensers are generally mounted on the back of the refrigerator 
or refrigerator-freezer. Manufacturers of most full-size refrigerators 
and refrigerator-freezers have replaced static condensers with forced-
convection condensers (fan-cooled condensers), which are generally 
mounted at the base of the refrigerator near the compressor.
    However, many manufacturers of compact refrigerators and freezers 
still use static condensers. Compact refrigerators are defined as 
refrigerators and freezers ``with total volume less than 7.75 cubic 
feet * * * and 36 inches * * * or less in height.'' 10 CFR

[[Page 29832]]

part 430.2. While the performance of refrigeration products with static 
condensers tends to be sensitive to rear clearance, the performance of 
products with forced-convection condensers tends to be less sensitive 
to this factor. DOE believes that most refrigerators are installed with 
the back of the refrigerator positioned with at the minimum distance 
from the wall as specified in the manufacturer's instructions. The 
limited potential for increasing exterior dimensions is often cited by 
the industry as a reason why increasing insulation thickness is not a 
viable design option to improve efficiency for these products. DOE 
noted this limitation in its technical support document that 
accompanied the 1997 final rule. See 62 FR 23102 (April 28, 1997) 
(noting that ``[s]ince kitchen dimensions and designed spaces for 
refrigerator-freezers are limited, there are restrictions on increasing 
the exterior size of the product''). (U.S. Department of Energy-Office 
of Codes and Standards, Technical Support Document: Energy Efficiency 
Standards for Consumer Products: Refrigerators, Refrigerator-Freezers, 
and Freezers, DOE/EE-0064, at 3-6 (July 1995)). If there were any 
significant space between the rear wall of the cabinet and the kitchen 
wall, this limitation would not be present. Accordingly, positioning a 
refrigerator or refrigerator-freezer more than the minimum distance 
from the wall may not produce repeatable or representative performance 
results during the representative average use cycle or period.
    DOE proposes to include in the test procedures of Appendices A1, 
B1, A, and B, the following language, which more thoroughly addresses 
clearance to the cabinet walls:

    2.9 The space between the back of the cabinet and the test room 
wall or simulated wall shall be the minimum distance in accordance 
with the manufacturer's instructions. If the instructions do not 
specify a minimum distance, the cabinet shall be located such that 
the rear of the cabinet touches the test room wall or simulated 
wall. The test room wall facing the rear of the cabinet or the 
simulated wall shall be flat within [frac14] inch, and vertical to 
within 1 degree. The cabinet shall be leveled to within 1 degree of 
true level, and positioned with its rear wall parallel to the test 
chamber wall or simulated wall immediately behind the cabinet. Any 
simulated wall shall be solid and shall extend vertically from the 
floor to above the height of the cabinet and horizontally beyond 
both sides of the cabinet.
    The additional specifications in this proposed language, including 
touching the rear wall, flatness and vertical orientation of the wall 
behind the product, use of a solid wall (i.e. rather than a perforated 
wall or screen), size of the simulated wall, and product orientation to 
be level and parallel with the wall would collectively help ensure the 
consistent application of simulated walls in energy testing. DOE 
believes that these additional requirements are consistent with the 
current test procedures, as well as the clearance requirements found in 
HRF-1-1979 and HRF-1-2008, but have the added advantage of providing 
greater assurance that the intended product installation set-up is used 
for testing. DOE seeks comment on this approach.
3. Alternative Compartment Temperature Sensor Locations
    The current test procedures indicate that temperature sensor 
locations shall be as indicated in HRF-1-1979, Figures 7.1 and 7.2. 
(see for example Appendix A1, section 5.1). The test procedure 
indicates what a manufacturer would do in case the cabinet layout is 
not consistent with these figures:

    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 7.1 and 7.2 of HRF-1-1979, measurements shall 
be taken at selected locations chosen to represent approximately the 
entire refrigerated compartment. The locations selected shall be a 
matter of record.

    Appendix A1, section 5.1
    In order to provide clearer instructions, and to avoid the 
potential for significant deviation from the standard temperature 
sensor locations, DOE proposes to modify this requirement, allowing 
manufacturer selection of new locations only for small deviations from 
the standard locations, and otherwise requiring a waiver to allow for 
the development of a new diagram addressing the new compartment 
configuration. DOE proposes the following amended text for section 5.1:

    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 7.1 and 7.2 of HRF-1-1979, the product may be 
tested by relocating the temperature sensors from the locations 
specified in the Figures by no more than 2 inches to avoid 
interference with hardware or components within the cabinet, in 
which case the specific locations used for the temperature sensors 
shall be noted in the test data records maintained by the 
manufacturer in accordance with 10 CFR 430.62(d). For those products 
equipped with a cabinet that does not conform with Figures 7.1 or 
7.2 and cannot be tested in the manner described above, the 
manufacturer must obtain a waiver under 10 CFR 430.27 to establish 
an acceptable test procedure for each such product.

    DOE expects that the processing of several such waivers and 
subsequent development and incorporation into the test procedures of 
new figures describing the test sensor location requirements for 
modified cabinet styles will help to improve energy testing 
consistency. DOE proposes to make these changes in Appendices A1 and 
B1, and to include these requirements in Appendices A and B. DOE seeks 
comment on the frequency of temperature sensor location revisions from 
the specifications of the figures of HRF-1-1979, and on whether the 
exception allowing for minor relocation of sensors is sufficient to 
limit to a reasonable level the potential number of waivers associated 
with the proposed requirement.
    In order to ensure that manufacturers make DOE aware of small 
changes in temperature sensor locations to avoid interference with 
internal hardware, DOE further proposes to include a requirement that 
manufacturers report that such a change has been made as part of the 
certification reporting requirements. This additional proposal is 
discussed in more detail in section III.D.14.
4. Median Temperature Settings for Electronic Control Products
    The procedure related to temperature control settings is detailed 
in section 3 of Appendix A1. The procedure specifies how to set 
thermostatic controls for the freezer and fresh food compartments of 
refrigerators and refrigerator-freezers to permit testing that yields 
results that are interpolated based on compartment temperatures to 
represent the energy use of these products when operated with the 
compartment temperatures set at the specified standardized 
temperatures. Interpolation in this context means calculating the 
energy use associated with a standardized compartment temperature using 
two tests. In one test, the compartment temperature is lower than the 
standardized temperature. In the other test, the compartment 
temperature is higher than the standardized temperature. This approach 
is used so that the test measurement can be based on the standardized 
temperature without requiring the numerous trial and error attempts it 
generally takes to exactly match this temperature during testing.
    Most refrigeration products have user-operable temperature 
controls, for which the procedures of section 3.2 apply. While section 
3.2 provides a number of alternative control setting options, the 
specific provisions of section 3.2.1 are most often applied because the 
provisions of sections 3.2.2 and 3.2.3 have special conditions that 
typically do not apply, such as the

[[Page 29833]]

inability to achieve the standardized temperature in the compartment. 
Section 3.2.1 currently specifies the adjustment of settings as 
follows:

    A first test shall be performed with all compartment temperature 
controls set at their median position midway between their warmest 
and coldest settings. Knob detents shall be mechanically defeated if 
necessary to attain a median setting. A second test shall be 
performed with all controls set at either their warmest or their 
coldest setting (not electrically or mechanically bypassed), 
whichever is appropriate, to attempt to achieve compartment 
temperatures measured during the two tests which bound (i.e., one is 
above and one is below) the standardized temperature for the type of 
product being tested. (10 CFR part 430, subpart B, Appendix A1, 
section 3.2.1)

    DOE is aware of some issues associated with this procedure. First, 
the section describes the defeating of mechanical detents of controls 
that do not allow controls to be set in the median position. Many 
current products have electronic controls, which generally have 
setpoints indicating specific control temperatures. For these controls, 
an average of the coldest and warmest temperature settings is generally 
used as the median. However, in some cases there is no temperature 
setting exactly equal to this average, and the controls cannot be 
mechanically defeated as described in the procedure. To address this 
situation, DOE proposes to modify the test procedure language to 
specify that products equipped with such electronic controls be tested 
using one of the following three options: (1) Use of a setting equal to 
the average of the coldest and warmest settings, (2) use of the setting 
that is closest to this average, or (3) if there are two settings whose 
difference with the average is the same, use of the higher of these two 
such settings. This modification is being proposed for Appendices A1 
and B1, and they would be retained for Appendices A and B.
    Additional issues and proposed amendments addressing them for 
Appendices A and B are discussed in section III.E.4.
5. Test Procedures for Convertible Compartments and Special 
Compartments
    Manufacturers recently introduced refrigerator-freezers with 
compartments that consumers can convert from fresh food to freezer use 
and vice versa. Under the current DOE test procedure, which references 
section 7.4.2 of HRF-1-1979, ``compartments which are convertible from 
refrigerator to freezer are operated in the highest energy usage 
position.'' (This section of HRF-1-1979 is referenced in Appendix A1, 
section 2.2.) DOE believes that the highest energy use position would 
most likely be the freezer mode since additional energy is required to 
maintain the colder temperatures required for freezer use when compared 
to fresh food compartment use. However, DOE recognizes that the 
requirement does not clarify whether such a compartment is to be 
controlled as a freezer compartment, or whether the controls are to be 
set in the absolute highest energy position.
    To ascertain how manufacturers might be treating these compartments 
during testing, DOE examined data reported to the ENERGY STAR program, 
which are available at http://www.energystar.gov/index.cfm?fuseaction=refrig.display_products_excel. Based on DOE's 
analysis of these data, the entries suggest that some manufacturers may 
have rated their own products based on the operation of these 
convertible compartments as fresh food compartments. DOE came to this 
conclusion after noticing that the calculated adjusted volume matches 
the reported adjusted volumes when the convertible compartment is 
treated as a fresh food compartment. Accordingly, to ensure 
manufacturer clarity, DOE proposes including the following language in 
section 2 of Appendices A1 and A: ``Compartments that are convertible 
(e.g,, from fresh food to freezer) shall be operated in [their] highest 
energy use position.''
    A related situation applies to special compartments that are not 
convertible from fresh food to freezer. The procedure for such 
compartments is also described in HRF-1-1979:

    Other temperature controllable compartments (such as crispers 
convertible to meat keepers and temperature adjustable meat keepers) 
are considered special compartments and are tested with controls set 
to provide the coldest temperature. (HRF-1-1979 section 7.4.2)

    To simplify the requirements of this provision, DOE proposes to add 
similar language as discussed above into section 2 of Appendices A and 
A1: ``Other temperature controllable compartments (such as crispers 
convertible to meat keepers), with the exception of butter 
conditioners, shall also be tested with controls set in the highest 
energy use position.'' DOE believes that this language would retain the 
purpose contained in the original provisions (i.e. to maximize energy 
usage during energy efficiency testing) while simplifying the language 
of the procedure.
    DOE seeks comment on this proposed change to its procedure.
6. Establishing a Temperature-Averaging Procedure for Auxiliary 
Compartments
    The current DOE test procedure defines a refrigerator-freezer as 
``a cabinet which consists of two or more compartments with at least 
one of the compartments designed for the refrigerated storage of food 
at temperatures above 32 [deg]F and with at least one of the 
compartments designed for the freezing and storage of food at 
temperatures below 8 [deg]F.'' 10 CFR 430.2. Hence, a refrigerator-
freezer includes at least one fresh food compartment and at least one 
freezer compartment. The definition does not specify the 
characteristics of any additional compartments.
    Some refrigeration products have an additional freezer compartment 
or an additional fresh food compartment, or both, and some have 
enclosed compartments within the primary compartments that have 
separate temperature controls and may represent a substantial fraction 
of the primary compartment volume. DOE notes that, with respect to the 
latter group of products, it is not yet proposing a value of this 
fraction (i.e. such as 25% or 35%). However, this concept is necessary 
in order to distinguish such auxiliary compartments from the ``special 
compartments'' discussed in section III.D.5. For the purposes of this 
discussion, auxiliary compartments are additional compartments in a 
refrigerator or refrigerator-freezer that are large enough that 
treatment as special compartments is not appropriate (generally, 2 
cubic feet or greater).\1\
---------------------------------------------------------------------------

    \1\ Auxiliary compartments could be entirely separate from the 
main two compartments of a typical refrigerator-freezer (the freezer 
compartment and the fresh food compartment), or they could be 
substantial-volume, separately-controllable compartments located 
within main compartments. In the latter case, they are referred to 
as ``sub-compartments'' for the purposes of this discussion.
---------------------------------------------------------------------------

    As discussed earlier in Section III.D.5, products with additional 
convertible compartments are examples of refrigerator-freezers equipped 
with more than two compartments. In such cases, the convertible 
compartment could be considered an auxiliary compartment.
    While the special compartments discussed in section III.D.5 would 
be tested with their controls set to the highest energy use position 
under the proposed test procedure modification, the compartments 
addressed in this section are relatively large (i.e. 2 cubic feet or 
larger) and represent instances in which employing the highest energy 
use position would be inappropriate. The requirements for setting such 
a compartment at the absolute highest energy use position are 
inappropriate

[[Page 29834]]

because (1) such a compartment would likely be used for general food 
storage rather than for a limited special purpose and (2) the energy 
use impact during testing when the controls are set for the absolute 
highest energy use position would be very significant and would not 
necessarily be consistent with consumer use.
    Both HRF-1-1979 and HRF-1-2008 include definitions and special test 
procedures for special compartments. However, neither the current test 
procedure (i.e. setting them to their coldest temperature) nor the 
proposed one (i.e. setting them in the highest energy use position) 
would necessarily be consistent with the required representative 
average use cycles for compartments representing a substantial fraction 
of the product's total refrigerated volume. DOE is not aware of many 
products currently being sold in the U.S. market that have auxiliary 
compartments. This section discusses issues associated with testing 
refrigerator-freezers with all such auxiliary compartments.
    DOE notes that a large drawer without separate temperature control 
that is located within a compartment would not be considered a sub-
compartment for the purpose of this discussion. Such a drawer would be 
part of the compartment in which it is housed. In contrast, for the 
purposes of this discussion, a larger compartment with a separate door 
without separate temperature control would be considered an auxiliary 
compartment, since it is not part of any other compartment. Further, if 
one or more drawers or doors that open to the exterior serve a space 
inside a refrigeration product that is a single compartment, the status 
as a single compartment is not affected by the presence of the 
additional drawer(s) or door(s).
    While there is no size limit for classification as a special 
compartment under the current DOE test procedure, and DOE is not 
currently proposing such a limit, DOE seeks comment on whether such a 
size limit should be imposed, and what the size limit should be.
    As discussed in section III.D.5, the DOE test procedures require 
that a convertible auxiliary compartment must be tested in the 
``highest energy usage position.'' However, the current test procedures 
do not state whether the temperature for the compartment must be set at 
a level to ensure energy use is at its absolute maximum, or whether the 
temperature must be the standardized test temperature for the higher 
energy use compartment type (5 [deg]F for a freezer compartment and 45 
[deg]F for a fresh food compartment for the current DOE test 
procedures). DOE proposes that a convertible auxiliary compartment with 
separate exterior doors be tested as a freezer compartment or fresh 
food compartment, depending on which of these represents the highest 
energy usage position. For these compartments, and for nonconvertible 
auxiliary compartments with separate exterior doors whose operating 
temperature range specifies their status as freezer or fresh food 
compartments, DOE proposes that these energy measurements be determined 
based on the compartment's standardized temperature.
    In contrast, DOE proposes that sub-compartments (i.e., auxiliary 
compartments located entirely within main compartments) be tested with 
their settings in the absolute highest energy use position. Although 
the discussion of this section is intended to address large sub-
compartments, the common sub-compartments with separate temperature 
controls found in U.S. refrigerator-freezer products usually occupy a 
relatively small portion of the fresh food compartment. Examples 
include ice compartments, meat drawers, deli drawers, and butter 
conditioning compartments. Hence, DOE believes that the proposed 
procedures for special compartments described in section III.D.5 (i.e. 
that the consumer-adjustable setting be in its highest energy-use 
position) are appropriate for these compartments.
    In contrast, auxiliary compartments that have their own external 
doors often have large volumes, which are comparable to the volumes of 
other compartments associated with the products. An example of such a 
product is the Samsung RM257ACRS, which has an 11.8 cubic foot fresh 
food compartment, a 7.0 cubic foot freezer compartment, and two 
convertible compartments of volumes 3.5 and 2.3 cubic feet.
    Given that auxiliary compartments with external doors would be 
tested as either freezer or fresh food compartments, requirements must 
be established for (1) temperature settings during testing, (2) 
measurement of auxiliary compartment temperature, and (3) incorporation 
of the auxiliary compartment temperature in the calculation of energy 
consumption. To address these issues, DOE proposes the following 
changes:
    (1) Temperature settings, generally--Consistent with current 
temperature setting requirements, the temperature settings for 
auxiliary compartments with external doors that have individual 
temperature control capability would be the same median, cold, or warm 
setting required for all compartments when performing testing as 
described in section III.D.4.
    (2) Auxiliary compartment temperature measurements--Measurement of 
compartment temperature during testing is done using temperature 
sensors. The placement of temperature sensors (typically thermocouples) 
is specified in HRF-1-1979 in section 7.4.3.2 and Figure 7.1 for fresh 
food compartments and in section 7.4.3.3 and Figure 7.2 for freezer 
compartments. The DOE test procedures incorporate by reference these 
sections of HRF-1-1979. They provide further instructions on 
determination of compartment temperature, stating that the ``measured 
temperature of a compartment is to be the average of all sensor 
temperature readings taken in that compartment at a particular time.'' 
(10 CFR part 430, subpart B, Appendix A1, section 5.1.1), and the 
``compartment temperature for each test period shall be an average of 
the measured temperatures taken in a compartment during a complete 
cycle or several complete cycles of the compressor motor (one 
compressor cycle is one complete motor `on' and one complete motor 
`off' period).'' Id. at section 5.1.2. The same procedures for 
measuring the compartment temperature during testing would be used for 
auxiliary compartments with external doors.
    (3) Incorporation of auxiliary compartment temperature measurements 
in the test procedure calculations--Calculation of freezer temperature 
for a product with more than one freezer compartment (including one or 
more auxiliary freezer compartments with external doors) would be a 
weighted average of the compartment temperatures measured within each 
freezer compartment. The weighting factors for this average would be 
the calculated compartment volumes. Likewise, calculation of fresh food 
temperature for a product with more than one fresh food compartment 
(including one or more auxiliary fresh food compartments with external 
doors) would be a volume-weighted average of the measured compartment 
temperatures. These freezer and fresh food temperatures would be used 
both in the determination of the appropriate temperature settings for 
subsequent testing, and in the energy use calculation. The calculation 
of daily energy consumption, described for refrigerators or 
refrigerator-freezers in section 6.2.2 of Appendix A1, uses the freezer 
or fresh food compartment temperature in the equation. This

[[Page 29835]]

approach would be adopted for auxiliary compartments using the volume-
weighted average temperatures.
    DOE proposes these amendments to address auxiliary compartments 
with external doors in Appendices A1 and A. DOE proposes similar 
amendments to address auxiliary compartments of freezers in Appendices 
B1 and B. DOE further proposes a definition for ``separate auxiliary 
compartments'' to refer to these auxiliary compartments with external 
doors that would be treated in the test procedures as described in this 
section. This definition would read as follows:

    ``Separate auxiliary compartment'' means a freezer compartment 
or a fresh food compartment of a refrigerator or refrigerator-
freezer having more than two compartments that is not the first 
freezer compartment or the first fresh food compartment. Access to a 
separate auxiliary compartment is through a separate exterior door 
or doors rather than through the door or doors of another 
compartment. Separate auxiliary compartments may be convertible 
(e.g,, from fresh food to freezer).

    DOE seeks comment on this proposed approach.
7. Modified Definition for Anti-Sweat Heater
    The DOE test procedure for refrigerators and refrigerator-freezers 
defines an ``anti-sweat heater'' as ``a device incorporated into the 
design of a refrigerator or refrigerator-freezer to prevent the 
accumulation of moisture on exterior surfaces of the cabinet under 
conditions of high ambient humidity.'' 10 CFR part 430, subpart B, 
appendix A1, section 1.3. (This accumulated moisture is commonly 
referred to as ``sweat'', and the process of accumulation of such 
moisture is called ``sweating''.) Similarly, the DOE test procedure for 
freezers defines an ``anti-sweat heater'' as ``a device incorporated 
into the design of a freezer to prevent the accumulation of moisture on 
exterior surfaces of the cabinet under conditions of high ambient 
humidity.'' 10 CFR part 430, subpart B, Appendix B1, section 1.2. Some 
refrigerator-freezers also use anti-sweat heaters to prevent moisture 
accumulation on internal surfaces of the cabinet. In particular, 
manufacturers of French door refrigerator-freezers with through the 
door (TTD) ice service have used anti-sweat heaters to prevent 
accumulation of moisture inside the fresh food compartment near the air 
duct that carries refrigerated air to the ice compartment.
    In DOE's view, to obtain consistency and an accurate measurement of 
all energy consuming components, the anti-sweat heater regulations 
should apply to any anti-sweat heater regardless of the heater 
location. To ensure that this result occurs, DOE proposes to modify the 
definitions of anti-sweat heater for both the refrigerator and 
refrigerator-freezer test procedures and for the freezer test 
procedures to apply to both interior and exterior surfaces. DOE 
proposes to make these changes in Appendices A1 and B1, and to include 
these modified definitions in Appendices A and B.
    This proposed modification does not change the test procedure. 
Rather, it clarifies that interior heaters used to prevent sweating are 
to be treated as anti-sweat heaters for purposes of calculating energy 
usage under the procedure.
    DOE seeks comment on this proposed clarification.
    Additionally, in DOE's view, the current and proposed definitions 
of an anti-sweat heater encompass devices that prevent moisture 
accumulation. However, DOE is considering modifying the anti-sweat 
heater definition to indicate that a heater that prevents the 
accumulation of moisture, irrespective of whether that heater is 
designated as an anti-sweat heater, should be defined as an anti-sweat 
heater. DOE is interested in whether additional specificity is required 
to bring further clarity to this concept, and seeks public comment.
8. Testing With the Anti-Sweat Heater Switch Turned Off
    The energy conservation standards for refrigeration products are 
based on annual energy use calculated for these products. The annual 
energy use is calculated based on a ``standard cycle,'' which is 
defined as ``the cycle type in which the anti-sweat heater control, 
when provided, is set in the highest energy consuming position.'' This 
term is applied throughout the regulatory provisions governing 
refrigeration products. See, e.g, 10 CFR 430.23(a)(5) and (b)(5) 
(applying the term ``standard cycle''), 10 CFR part 430, subpart B, 
Appendix A1, section 1.7 (defining ``standard cycle'' for refrigerators 
and refrigerator-freezers), and 10 CFR part 430, subpart B, Appendix 
B1, section 1.5 (defining ``standard cycle'' for freezers).
    In contrast, the annual operating cost, which serves as the basis 
for the figures reported on the Federal Trade Commission's EnergyGuide 
label, can be calculated based on the average of energy consumption 
test results using the standard cycle and a cycle with the anti-sweat 
heater switch positioned as it is when shipped from the factory. See 10 
CFR 430.23(a)(2) and (b)(2). DOE understands that most manufacturers 
test refrigeration products equipped with anti-sweat heater switches in 
this fashion, and use the same results for reporting both energy use 
and annual operating cost.
    DOE added the energy use calculation requirements to the test 
procedure on February 7, 1989. 54 FR 6062. At the time of the final 
rule's publication, the annual operating cost calculation had already 
been established in the test procedure. The final rule, however, did 
not discuss the different treatment between the calculation for energy 
use and the calculation of annual operating cost.
    It is unclear to DOE whether a need exists for the distinction 
between the annual operating cost and the energy use calculations. 
Accordingly, DOE is proposing to modify the calculation for annual 
energy use to ensure consistency with the annual operating cost 
calculation. These changes would be implemented by making changes to 10 
CFR 430.23(a) and 10 CFR 430.23(b).
    This test procedure modification would not affect the way 
manufacturers test products to establish their ratings or alter the 
measured energy use of these products.
9. Incorporation of Test Procedures for Products With Variable Anti-
Sweat Heating Control Waivers
    On February 27, 2008, DOE published a decision and order granting 
GE with a waiver from the DOE test procedure (``GE waiver'') to allow 
the company to use a modified test procedure for a line of appliances 
that use ambient condition sensors to adjust the wattage of anti-sweat 
heaters. 73 FR 10425. These sensors use the detected humidity levels to 
adjust anti-sweat heater operation to prevent condensation. DOE granted 
a similar waiver to Whirlpool Corporation on May 5, 2009. 74 FR 20695. 
DOE published a petition for a third such waiver from Electrolux Home 
Products, Inc. (Electrolux) and granted the application for an interim 
waiver on June 4, 2009. 74 FR 26853. This waiver was granted on 
December 15, 2009. 74 FR 66338. Electrolux also submitted a petition to 
extend the initial waiver to additional products--DOE published this 
petition and granted the associated application for an interim waiver 
on December 15, 2009. 74 FR 66344. Samsung also petitioned DOE for a 
waiver for this type of control for anti-sweat heaters. The Samsung 
petition was published and the associated application for interim 
waiver granted on December 15, 2009. 74 FR 66340.

[[Page 29836]]

    Because ambient humidity of the test chamber is not specified in 
the DOE test procedures, the current test procedure is unable to 
accurately determine the annual energy use contribution of anti-sweat 
heaters. The test procedure allowed under the GE waiver involves (1) 
conducting energy testing with the anti-sweat heater switch in the 
``off'' position, and (2) adding a correction factor to account for the 
additional energy use associated with the anti-sweat heater for a 
standard cycle (i.e., a cycle with the anti-sweat heater switch in the 
``on'' position). 73 FR 10427. While the test procedure allowed under 
the GE waiver assumes that the anti-sweat heater operates on a switch 
that can turn off the heater, this feature would not necessarily be 
present on all products equipped with variable anti-sweat heater 
control systems.
    The test procedure allowed under the GE waiver specifies 
calculation of the correction factor as follows:
    Correction Factor = (Anti-sweat Heater Power x System-loss Factor) 
x (24 hrs/1 day) x (1 kW/1000 W)

Where: Anti-sweat Heater Power
= A1 * (Heater Watts at 5%RH)
+ A2 * (Heater Watts at 15%RH)
+ A3 * (Heater Watts at 25%RH)
+ A4 * (Heater Watts at 35%RH)
+ A5 * (Heater Watts at 45%RH)
+ A6 * (Heater Watts at 55%RH)
+ A7 * (Heater Watts at 65%RH)
+ A8 * (Heater Watts at 75%RH)
+ A9 * (Heater Watts at 85%RH)
+ A10 * (Heater Watts at 95%RH)

Where A1-A10 are from the following table:
A1 = 0.034
A2 = 0.211
A3 = 0.204
A4 = 0.166
A5 = 0.126
A6 = 0.119
A7 = 0.069
A8 = 0.047
A9 = 0.008
A10 = 0.015

    73 FR 10427
    The System-Loss Factor noted in the above calculation accounts for 
additional energy use (a) of the refrigeration system to overcome the 
increased cabinet load imposed by the anti-sweat heater, and (b) of the 
controls associated with the anti-sweat heater. 73 FR 10427. The GE 
waiver specifies a System-Loss Factor of 1.3, based on experience-
related data developed by GE. Factors A1 through A10 represent the 
national average frequency of occurrence for various ambient relative 
humidity ranges that a refrigerator is likely to experience in a 
typical consumer household. GE determined these factors based on 30 
years of weather data for 50 major population centers within the United 
States. 73 FR 10427. The GE waiver defines the Heater Watts parameter 
of Equation 1 as ``the nominal watts used by all heaters at that 
specific relative humidity, 72 [deg]F ambient, and DOE reference 
temperatures of fresh food (FF) average temperature of 45 [deg]F and 
freezer (FZ) average temperature of 5 [deg]F.'' 73 FR 10427.
    However, the alternate test procedure permitted under the GE waiver 
does not state how the Heater Watts parameter is determined during an 
energy test conducted under the waiver. It also does not disclose the 
associated number of heater-watts for each product equipped with 
variable anti-sweat control features. Hence, it would be impossible to 
independently verify published energy consumption measured under the 
GE, Whirlpool, Electrolux, or Samsung waivers. To address these 
deficiencies, DOE is proposing to incorporate a modified version of the 
GE waiver procedure into Appendices A and A1.

Proposed Amendment

    DOE proposes amending its test procedures to require measurements 
of variable anti-sweat heater energy contribution under various 
specific ambient air conditions to permit laboratory verification of 
the resulting energy consumption estimates. DOE also proposes using the 
relative humidity factors A1 through A10 established in the GE waiver. 
The proposed changes would be implemented by modifications in various 
sections of Appendix A1, which would also be implemented in Appendix A. 
These humidity factors represent the national average frequency of the 
relative humidity levels for refrigeration product ambient conditions. 
While field test data corroborating the methodology for determining 
typical consumer household humidity levels were not provided as part of 
the waiver petition, DOE is unaware of more accurate or comprehensive 
information to better represent field conditions.
    Although the GE waiver includes a calculation involving ten 
relative humidities, testing to determine performance of variable anti-
sweat heater control systems would not require ten separate 
measurements. The proposed approach is based on the fact that the rate 
of heat energy input supplied by the electric anti-sweat heaters 
required to prevent condensation at a fixed ambient temperature and 
compartment temperature should vary linearly with dew point temperature 
(i.e., the temperature of a given mixture of dry air and water vapor at 
100% relative humidity). This means that the wattage increment 
associated with the heater control system needs to be determined for 
only two humidity conditions. DOE defines this type of anti-sweat 
heater control as ``ideal''.
    Based on DOE's analysis, at a fixed ambient air dry-bulb 
temperature such as the 72 [deg]F ambient specified in the GE waiver, 
ideal anti-sweat heater power varies linearly as a function of dew 
point temperature, increasing from zero power at some dew point 
temperature lower than the ambient dry bulb temperature (i.e., at low 
relative humidity) to a maximum requirement at a dew point temperature 
equal to the ambient dry bulb temperature (i.e., at 100% relative 
humidity). DOE conducted this analysis for a surface that (1) loses 
heat to the refrigerator interior at a rate proportional to the 
difference in temperature between the surface and the interior, (2) 
gains heat from the ambient air at a rate proportional to the 
difference in temperature between the ambient air and the surface, and 
(3) gains a controlled amount of heat from the anti-sweat heater to 
maintain the surface at a fixed small temperature difference (such as 1 
[deg]F) above the dew-point temperature of the ambient air.
    One can establish correlations for the ideal heater wattage once 
the heat-flow characteristics from the heated surfaces to the 
refrigerator interior and the ambient air are understood. The linear 
nature of these correlations with respect to ambient dew point suggests 
that tests conducted at a limited number of ambient humidity conditions 
could provide sufficient information about the operating 
characteristics of a variable anti-sweat heating system. Based on DOE's 
analysis, for operation in a normal ambient near 72 [deg]F, the freezer 
compartment of a typical refrigerator-freezer should require no anti-
sweat heating at relative humidities below roughly 50 percent and the 
fresh food compartment of a typical refrigerator-freezer should require 
no anti-sweat heating at relative humidities below roughly 65 percent. 
However, the actual relative humidity at which no anti-sweat heat is 
needed would vary among products and even at different surfaces of the 
same product, depending on design details.
    DOE proposes to amend the DOE test procedures to determine the 
incremental energy contribution of the variable anti-sweat heater in 
the manner described below.
    a. DOE proposes specifying that tests be conducted in a chamber 
with both temperature and humidity control to

[[Page 29837]]

verify the behavior of the variable anti-sweat heater control. Three 
tests would be conducted, as described below.
    i. Ambient Conditions: The tests would be conducted in a chamber 
controlled to 72  1 [deg]F dry bulb temperature, at three 
different relative humidities, 95  2 percent, 65  2 percent, and 25  10 percent. DOE proposes wide 
tolerances in the relative humidity for the 25 percent relative 
humidity test because it is expected that the anti-sweat heater would 
be turned off throughout this range of conditions, thus obviating the 
need for tight control. The 25 percent relative humidity test would 
determine energy use of the refrigerator-freezer with the anti-sweat 
heaters turned off in the 72 [deg]F dry bulb condition specified for 
these tests. The difference in energy use measured during this test and 
energy use measured during the tests conducted at 65 percent and 95 
percent relative humidities would be the energy use contribution of the 
anti-sweat heaters at the higher humidities.
    ii. Cabinet Temperatures: Appendix A1, as amended, would specify 
cabinet temperatures of 5  2 [deg]F in the freezer 
compartment and 38  2 [deg]F in the fresh food compartment 
for the variable anti-sweat heater tests. Appendix A would specify 
cabinet temperatures of 0 [deg]F  2 [deg]F in the freezer 
compartment and 39 [deg]F  2 [deg]F in the fresh food 
compartment, consistent with the new compartment temperatures 
prescribed in HRF-1-2008. These modified cabinet temperatures would be 
more consistent with the modified standardized cabinet temperatures 
used for all of the testing conducted under Appendix A.
    iii. Test Period: Each test would be similar to an energy test for 
a refrigerator without automatic defrost (as described in section 4.1.1 
of 10 CFR part 430 subpart B Appendix A1), including compressor cycling 
but no defrost cycles.
    iv. Stabilization: The test would require waiting to achieve steady 
state conditions as the test starts. However, for each test that is 
conducted immediately following another test in which the ambient dry 
bulb temperature is maintained between tests, the standard 
stabilization period may be waived, and the test can proceed two hours 
after the required ambient humidity conditions have been established.
    b. The energy use in kilowatt-hours per day for the 25-percent 
relative humidity test would be subtracted from the energy use per day 
for the 95-percent and 65-percent relative humidity tests to determine 
energy use contributions of the anti-sweat heaters at 95-percent and 
65-percent relative humidities.
    c. DOE proposes calculating the anti-sweat heater energy 
contributions for the same ten relative humidities specified in the GE 
waiver based on the measured energy use contributions of the variable 
anti-sweat heaters at 95-percent and 65-percent relative humidity, 
assuming that the anti-sweat heater energy contribution varies linearly 
with dew point, but with a minimum energy contribution of zero 
kilowatt-hours (i.e., the anti-sweat heater cannot have negative energy 
use, which would represent electric energy generation). The correction 
factor would be calculated using the ten RH factors (A1 through A10), 
but without using the system adjustment factor (1.3 in the GE waiver) 
and without converting from watts to kilowatt-hours.
    d. The correction factor would be added to the energy use measured 
for a normal energy test as conducted in 90 [deg]F ambient temperature.
    e. For a product with an anti-sweat heater switch, DOE proposes to 
require that all tests be conducted with the switch in the on position, 
in order to ensure proper measurement of the energy use associated with 
the ambient sensing functions of the variable anti-sweat heating 
control, and to reduce the possibility of circumvention associated with 
the switch--i.e. using this switch to control heaters or components 
other than the anti-sweat heater. In order to ensure that the anti-
sweat heater itself is not energized during the normal energy test 
conducted in 90 [deg]F ambient conditions, this energy test would be 
conducted in a chamber with sufficiently low humidity to prevent 
activation of the heater. DOE proposes adding the following language to 
Appendix A1, section 2.1: ``If the product being tested has variable 
anti-sweat heater control, the ambient relative humidity shall be no 
more than 35%.''
    f. DOE proposes eliminating the averaging of tests with the anti-
sweat heater switch on and off for products with variable anti-sweat 
heater control. The GE waiver specifies that the correction factor for 
the energy use associated with the variable anti-sweat heaters would be 
applied to the standard cycle. 73 FR 10427. Under the current test 
procedure, the standard cycle is a cycle with the anti-sweat heater 
switch turned on. (10 CFR part 430, subpart B, appendix A1, section 
1.7). The calculation of annual operating cost for a product with an 
anti-sweat heater switch is based on an average of a test with (1) the 
switch set in its position just prior to shipping from the factory 
(typically off) and (2) a test of the standard cycle. 10 CFR 
430.23(a)(2).
    However, this approach of averaging of the standard cycle and the 
cycle for a test with the anti-sweat heater switch turned off is 
inappropriate for products with variable anti-sweat heater control 
because the position of the switch would impact the operation of the 
anti-sweat heaters only during times when ambient conditions are 
sufficiently humid to trigger the operation of the anti-sweat heater. 
For this reason, it is unlikely that the switch would be moved to the 
off position during times when it could save energy. Hence, it is 
unlikely that the anti-sweat heater switch could generate any 
significant energy savings in addition to the savings provided by the 
variable control. Accordingly, DOE proposes to eliminate the averaging 
of tests with the anti-sweat heater switch turned on and with the 
switch turned off for products equipped with variable anti-sweat 
heating.
    The above proposed modifications to the test procedure to address 
variable anti-sweat heater control would be made in both Appendices A1 
and A. DOE is proposing at this time to implement the variable anti-
sweat heater test only for refrigerators and refrigerator-freezers 
because of the limited use of electric anti-sweat heaters in freezers. 
DOE seeks comments as to whether a similar requirement in Appendices B1 
and B should also apply to freezers.
    DOE seeks comments regarding the proposed test procedures for 
measurement of energy use of products with variable anti-sweat heater 
control.
10. Modification of Long-Time and Variable Defrost Test Method To 
Capture Precooling Energy
    DOE is proposing to modify the test method for products with long-
time or variable defrost to capture precooling energy. Precooling 
involves cooling the compartment(s) of a refrigerator-freezer to 
temperatures significantly lower than the user-selected temperature 
settings prior to an automatic defrost cycle. Before DOE established 
test procedures for long-time defrost (defrost control in which 
compressor run time between defrosts exceeds 14 hours) and variable 
defrost (defrost control in which the time interval between defrosts is 
adjusted based on the need, i.e. on the amount of moisture collecting 
on the evaporator as frost), the DOE test procedures had captured 
energy use associated with defrost by specifying that duration of an 
energy test be ``from one point during a defrost period to the same 
point during the next defrost

[[Page 29838]]

period.'' 10 CFR part 430, subpart B, Appendix A1, section 4.1.2. In 
1982, DOE amended the test procedures to include the alternative 
procedure for long-time defrost (section 4.1.2.1 of Appendix A1) to 
accommodate long periods of time between defrosts (i.e. significantly 
greater than 24 hours of test time) without making the energy test 
period unduly burdensome. 47 FR 34517 (August 10, 1982).
    The current long-time defrost test consists of two parts. The first 
part measures the steady cycling energy use of the refrigerator-freezer 
with no contribution from the defrost cycle. The second part measures 
all of the energy use contribution associated with the defrost cycle. 
The equation for total energy use for a 24-hour period combines these 
two energy use contributions and weights the measurement of the second 
part of the test based on the reciprocal of compressor run time between 
defrosts. 10 CFR part 430, subpart B, Appendix A1, section 5.2.1.2.
    The variable defrost test, introduced in 1989, accommodates even 
longer times between defrosts compared to the time periods in the long-
time defrost test. (See 54 FR 36238 discussing calculated values of CT 
(hours of compressor run time between defrosts to be used in the 
equation for energy consumption) with values ranging from 28.96 to 45 
hours, as compared to approximately 14 hours for long-time defrost). 
The current DOE test procedures provide an optional step (Part 3) to 
measure the mean time between defrosts based on ``typical'' ambient and 
door-opening conditions. This optional step would be used in cases 
where a manufacturer chooses to measure the mean time between defrosts 
rather than using the default value prescribed by the test procedure. 
10 CFR part 430, subpart B, Appendix A1.
    When DOE first introduced the test method for long-time defrost in 
1982, few refrigerator-freezers, if any, employed electronic controls. 
Instead, refrigerator-freezers controlled defrost using mechanical 
defrost controllers. Because of their simpler nature, mechanical 
defrost controllers are incapable of performing any of the more complex 
control functions handled by models equipped with electronic controls.
    On August 3, 2001, DOE granted an interim test procedure waiver to 
Electrolux Home Products (Electrolux) for products that use a 
sophisticated control algorithm. 66 FR 40689. The associated test 
procedure modification was incorporated into the DOE test procedure on 
March 7, 2003. 68 FR 10957. The modified procedure allows a delay 
between the end of the last compressor on-cycle and the start of the 
defrost cycle. This delay saves energy by allowing the evaporator to 
warm naturally after the compressor turns off. 66 FR 40690. The 
modified test method only applies to products using long-time or 
variable defrost. If such a control strategy were applied to a product 
not equipped with long-time or variable defrost, the product would be 
tested in accordance with Appendix A1, section 4.1.2, which specifies a 
test period ``from one point during a defrost period to the same point 
during the next defrost period.'' Such a test would measure the 
reduction in energy use from the natural warming of the evaporator, 
making this modified procedure unnecessary.
    Precooling before defrost also requires a more sophisticated 
control system than a defrost timer. A precooling control system 
initiates an extra long compressor run (i.e. a compressor on-cycle that 
continues for at least 10% of the length of a typical compressor on-
cycle after the compartment temperature has dropped down to the 
temperature at which the compressor typically turns off during steady 
state cycling operation between defrosts) before the defrost cycle to 
reduce the temperature of the cabinet or one of its compartments 
significantly more than would occur during a normal compressor cycle. 
Precooling before defrost may prevent unacceptable increases in freezer 
compartment temperature during the defrost cycle. Precooling will also 
reduce the recovery time after a defrost cycle, which could reduce the 
measured energy use of the recovery portion of the defrost cycle. 
However, the long time automatic defrost test procedure does not 
consider the energy use of compressor operation to provide precooling, 
since the second part of the test starts after compressor operation has 
stopped but prior to the initiation of a defrost cycle. The measured 
energy use of a refrigerator-freezer or freezer using precooling before 
the defrost cycle may underrepresent the product's actual energy 
consumption.
    DOE intends for its test procedures to capture all of the energy 
use associated with defrost and to provide results that accurately 
represent the energy use of the product by consumers. In light of this 
intent and the recognized limitations present in the current procedure, 
DOE proposes modifying the test method for long-time defrost in a 
manner consistent with what Fisher Paykel suggested in its comment to 
the Electrolux petition for waiver mentioned above. 68 FR 10958. Fisher 
Paykel proposed amending the third sentence of section 4.1.2.1 of the 
test procedure to read as follows: ``The second part would start at the 
last compressor off [-cycle] that is part of steady-state operation (or 
at a point still within stable operation if there are no temperature 
swings) before a defrost is initiated * * *.'' 68 FR 10958. Currently, 
section 4.1.2.1 calls for the second part of the test to start either 
when the defrost heater is energized or at the end of the last 
compressor on-cycle prior to defrost. If this last compressor on-cycle 
is an extended run for precooling, its energy use impact will be 
captured neither in the first part nor the second part of the test. 
Amending the test procedure as described would enable the test to 
capture such an increase in compressor run time needed to accomplish 
precooling before the defrost cycle occurs.
    The language suggested by Fisher-Paykel addressing the ``no 
temperature swings'' scenario apparently referred to systems with 
variable-speed compressors that modulate capacity over a wide range 
such that the compressor operates at a low speed but does not turn off 
during steady-state operation between defrosts. DOE is aware that such 
products have been commercialized. However, DOE believes that the 
instructions suggested by Fisher Paykel for this type of operation are 
not sufficiently clear to ensure consistent application of the test 
procedure because such stable operation has not been defined. DOE 
proposes to clarify that the second part of the test would start when 
the compartment temperatures are within their measured ranges during 
steady state operation or within 0.5 [deg]F of their average 
temperature during steady state operation if this range is 1 [deg]F or 
less when testing products that do not experience compressor off cycles 
during steady-state operation between defrosts. Language addressing the 
end of the second part of the test for products for which there is no 
compressor off-cycle between defrosts is not needed, because this 
possibility is already addressed by the maximum time for the test of 4 
hours after the defrost heater is first energized.
    Accordingly, DOE proposes modifying the description of the long 
time automatic defrost test procedure found in section 4.1.2.1 as 
follows for Appendices A1, A, B1, and B:

    4.1.2.1 Long-time Automatic Defrost. If the model being tested 
has a long-time automatic defrost system, the two-part test 
described in this section may be used. The first part is the same as 
the test for a unit

[[Page 29839]]

having no defrost provisions (section 4.1.1). The second part starts 
when the compressor turns off at the end of a period of steady-state 
cycling operation just before initiation of the defrost control 
sequence. If the compressor does not cycle during steady-state 
operation between defrosts, the second part starts at a time when 
the compartment temperatures are within their ranges measured during 
steady state operation, or within 0.5 [deg]F of the average during 
steady state operation for a compartment with a temperature range 
during steady state operation no greater than 1 [deg]F. This control 
sequence may include additional compressor operation prior to 
energizing the defrost heater. The second part terminates when the 
compressor turns on the second time after the defrost control 
sequence or 4 hours after the defrost heater is energized, whichever 
occurs first. See Figure 1.

    In conjunction with these changes, DOE proposes modifying the 
current illustration in Appendix A1, which shows how to measure long-
time defrost and would be modified to reflect the proposed language 
discussed above. DOE also proposes adding a second illustration showing 
the appropriate measurement technique when there is precooling. These 
amendments are proposed for both Appendices A1 and A.
    DOE anticipates that these proposed modifications could affect the 
energy use measurement for those products that employ precooling. 
However, these products represent a minority of the products available 
on the market. Adjustment of energy use standards to address the small 
increase in the measurement for these products would be a relaxation of 
energy use standards for all other products. If an adjustment were made 
to accommodate the minority of products with precooling, the energy use 
of a given product class would be increased. This would represent an 
increase in allowable energy use for the majority of products of the 
class for which the new test would make no change in measured energy 
use.
    DOE is aware that sophisticated control systems could be used to 
reduce the energy use measured in the second part of the test through 
the use of partial temperature recovery after the defrost, followed 
later by a full recovery. This control scheme cuts short the first on-
cycle of the compressor after the defrost heater has been energized, 
before cabinet temperatures recover fully. The second part of the test 
then stops when the compressor starts operating a second time. The 
second compressor on-cycle is allowed to run long enough for full 
cabinet temperature recovery, but this additional energy use is not 
captured in the test. A number of options could be considered to 
address this issue including, but not limited to, the following: (1) 
Requiring the recovery to continue until the average freezer 
temperature is within a specified temperature difference of the average 
lowest temperature attained during steady-state cycling operation, (2) 
requiring that the test continue for a specified extended time period 
after completion of defrost, and (3) requiring that the average 
temperature of the compartment during the second part of the test be 
incorporated into the freezer temperature calculation. DOE requests 
comments on whether consideration should be given to further 
modification of the test to avoid partial recovery and, if so, what 
type of changes would be appropriate.
11. Establishing Test Procedures for Multiple Defrost Cycle Types
    DOE is aware of products that use more than one control sequence 
for defrost cycles. Examples include products with refrigeration 
systems equipped with a single compressor and two evaporators, in which 
the evaporators have different defrost frequencies. Each defrost cycle 
type may have a different control sequence. For example, one defrost 
cycle type may involve defrosting the freezer evaporator while another 
may involve defrosting the fresh food evaporator. Alternatively, one 
defrost cycle type may involve defrosting both evaporators, while 
another may involve defrosting the fresh food evaporator, which may 
require more frequent defrost cycles. The current test procedures do 
not address products that employ these types of defrost cycles. DOE 
proposes to remedy this omission by defining the term ``defrost cycle 
type'' as follows.

    ``Defrost cycle type'' means a distinct sequence of control 
whose function is to remove frost and/or ice from a refrigerated 
surface. There may be variations in the sequence of control for 
defrost such as the number of defrost heaters energized. Each such 
variation establishes a separate distinct defrost cycle type.

    In cases where these systems use automatic defrost control with 
less than fourteen hours of compressor run time between defrosts for 
all defrost cycle types, and in which compressor run hours for distinct 
defrost cycle types are multiples of each other (e.g., the freezer 
defrost occurs every 12 hours of compressor run time and the fresh food 
defrost occurs every 6 hours of compressor run time), the automatic 
defrost test procedure of 10 CFR 430, subpart B, Appendix A1, section 
4.1.2 applies. This procedure includes a single test period, which 
lasts ``from one point during a defrost period to the same point during 
the next defrost period.'' (10 CFR part 430, subpart B, appendix A1 
section 4.1.2). As currently written, the defrost period can be 
interpreted as being associated with the defrost cycle type with the 
longest compressor run time between defrosts, which would enable the 
test procedure to measure all energy use, including the defrost energy 
use of the product. DOE proposes to amend the language in the current 
procedure to ensure that the defrost period used during testing is the 
period associated with the defrost cycle type with the longest time 
between defrosts.
    In particular, DOE proposes to establish a procedure that addresses 
the energy contribution of each of the defrost cycle types. Appendix A1 
currently provides a procedure for long time defrost that allows 
separate measurement of the energy use associated with the defrost 
cycle in a second part of the test. 10 CFR part 430, subpart B, 
Appendix A1, section 4.1.2.1. DOE proposes that this second part of the 
test be applied separately to each of the defrost cycle types and that 
the energy use contribution associated with each of these defrost cycle 
types be included in the energy use calculation. The calculation would 
be adjusted as appropriate according to the applicable frequency of the 
cycle types.
    DOE proposes to incorporate these changes into Appendix A1 and the 
new Appendix A. The changes are not considered to be applicable to 
freezers, making similar changes to Appendices B and B1 unnecessary.
    DOE seeks comments on this approach and its related assumptions and 
analyses.
12. Elimination of Part 3 of the Variable Defrost Test
    As described in section III.D.10, language addressing variable 
defrost was introduced in the test procedures in August 1989. 54 FR 
36238. This test procedure amendment established a three-part test for 
products equipped with variable defrost. Part 1 measures the steady-
state energy use between defrosts. Part 2 measures the energy use 
associated with each defrost cycle. Part 3, which is optional, provides 
a measurement of the time interval between defrosts. 10 CFR part 430, 
subpart B, appendix A1, sections 4.1.2.1 and 4.1.2.2 (describing Parts 
1 and 2 of the variable defrost test).
    Part 3 reads as follows:

    4.1.2.3 Variable defrost control optional test. After steady-
state conditions with no door openings are achieved in accordance 
with section 3.3 above, the test is continued

[[Page 29840]]

using the above daily door-opening sequence until stabilized 
operation is achieved. Stabilization is defined as a minimum of 
three consecutive defrost cycles with times between defrosts that 
will allow the calculation of a Mean Time Between Defrosts (MTBD1) 
that satisfies the statistical relationship of 90 percent 
confidence. The test is repeated on at least one more unit of the 
model and until the Mean Time Between Defrosts for the multiple unit 
tests (MTBD2) satisfies the statistical relationship. If the time 
between defrosts is greater than 96 hours (compressor ``on'' time) 
and this defrost period can be repeated on a second unit, the test 
may be terminated at 96 hours (CT) and the absolute time value used 
for MTBD for each unit.

10 CRF part 430, subpart B, appendix A1, section 4.1.2.3.
    The time required to conduct this part of the test ranges from 1 to 
2 weeks, which can double since a second unit must also be tested.\2\ 
DOE had previously estimated that the energy use captured during this 
part of the test to comprise between 1.5 to 7 percent of a tested 
unit's total energy consumption. See 47 FR 34522 and 54 FR 36238. DOE's 
testing of refrigeration products to support the energy conservation 
standard rulemaking involved testing one product using the third part 
of the test, as described above. Using the optional Part 3, the test 
yielded a CT value of 20.9 hours, while using the default CT 
calculation (using the default value 0.2 for F, as specified in 
Appendix A1 section 5.2.1.3) resulted in a value of 24.0 hours. The 
energy use calculated using the CT determined by the test differs from 
the energy use determined using the default value of CT by less than 
0.4%.\3\ In this case, use of the default results in a lower energy 
use, but achieving a reduction of 0.4% in the measured energy use would 
generally not be sufficient to justify running the Part 3 test. Because 
of the high test burden and the small amount of energy use involved, a 
manufacturer may decide not to use this optional step. DOE is unaware 
of any manufacturer that has used the test to rate a refrigeration 
product.
---------------------------------------------------------------------------

    \2\ As an example, DOE contracted with a test facility to 
conduct such a test in October 2008. This test was started on 
October 10 at 4 p.m. and continued until October 21 at 8 p.m., a 
total duration of more than 11 days.
    \3\ The energy use contribution of defrost is inversely 
proportional to the value of CT, which represents hours of 
compressor run time between defrosts.
---------------------------------------------------------------------------

    Manufacturers that choose not to conduct the optional third part of 
the test instead use a prescribed equation to determine the appropriate 
time interval between defrosts for use when calculating energy 
consumption. The equation is described as follows:

CT = (CTL x CTM)/(F x (CTM-
CTL) + CTL)

CTL = least or shortest time between defrosts in tenths 
of an hour (greater than or equal to six but less than or equal to 
12 hours)
CTM = maximum time between defrost cycles in tenths of an 
hour (greater than CTL but not more than 96 hours)

10 CFR part 430, subpart B, appendix A1, section 5.2.1.3
    In the equation for CT, the value F is the ratio of per day energy 
consumption in excess of the least energy and the maximum difference in 
per day energy consumption, and is set equal to 0.2 if the optional 
part of the test is not conducted to determine CT directly. (Appendix 
A1, section 5.2.1.3). For example, if using the maximum time between 
defrosts and the minimum time between defrosts in the equation for 
defrost contribution to energy use gives results of 0.1 and 0.2 
kilowatt-hours per day, a value of CT would be selected so that the 
defrost energy use contribution is set equal to 0.1 + 0.2 x (0.2-0.1), 
equal to 0.12 kilowatt-hours per day.
    Since the alternative energy calculation method can be used, the 
optional step is not necessary. As mentioned above, DOE is unaware of 
any manufacturers that use this optional part, which indicates that the 
industry generally considers the equation for CT described above to be 
an adequate representation of the performance of variable defrost 
systems. For this reason, and to simplify the test procedure, DOE 
proposes to eliminate this optional test. This amendment would be made 
in both Appendices A1 and B1.
13. Corrections and Other Test Procedure Language Changes
    This section discusses two other proposed amendments to the current 
test procedure.
A: Simplification of Energy Use Equation for Products With Variable 
Defrost Control
    Section 5.2.1.3 of Appendix A1 provides the equation for ET, energy 
use in kilowatt-hours per day, for refrigerators and refrigerator-
freezers with variable defrost:

ET = (1440 x EP1/T1) + (EP2-(EP1 x T2/T1)) x (12/CT)

where 1440 is defined in 5.2.1.1 and EP1, EP2, T1, T2 and 12 are 
defined in 5.2.1.2.

CT = (CTL x CTM)/(F x (CTM-CTL) + 
CTL)

CTL = least or shortest time between defrosts in tenths 
of an hour (greater than or equal to six but less than or equal to 
12 hours)
CTM = maximum time between defrost cycles in tenths of an 
hour (greater than CTL but not more than 96 hours)
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per day energy consumption and 
is equal to
F = (1/CT - 1/CTM)/(1/CTL - 1/CTM) 
= (ET-ETL)/(ETM -ETL) or 0.20 in 
lieu of testing to find CT.
ETL = least electrical energy used (kilowatt hours)
ETM = maximum electrical energy used (kilowatt hours)
For variable defrost models with no values for CTL and 
CTM in the algorithm the default values of 12 and 84 
shall be used, respectively.

10 CFR part 430, subpart B, Appendix A1, section 5.2.1.3.
    Should DOE adopt the changes to the variable defrost control test 
as discussed in Section III.D.12 above,--i.e., eliminating it--much of 
the language describing the factor F (i.e., the ratio of daily energy 
consumption in excess of the difference between the maximum and minimum 
(``least'') daily energy consumption) explained above in section 
III.D.12) would no longer be necessary and would be dropped. For cases 
in which the optional Part 3 is not conducted, CT is calculated based 
on the default value of F, and either the manufacturer-specified or the 
default values of CTM and CTL. If, on the other 
hand, DOE retains the optional step, the agency believes that the 
clarifying equations for F, ETL (least electrical energy 
used (kilowatt hours)), and ETM (maximum electrical energy 
used (kilowatt hours)) are not needed, as described below. For cases in 
which the optional step is conducted to measure the value of CT (i.e., 
hours of compressor run time between defrosts to be used in the 
equation for energy consumption), this value is used directly in the 
equation for ET. The value of F does not need to be calculated for any 
of these situations.
    Regarding specific issues that DOE is proposing to amend, DOE notes 
that the values of CT, CTM, and CTL should be in 
units of hours to the nearest tenth of an hour rather than in units of 
tenths of an hour. Section 5.2.1.2 indicates clearly that CT is in 
units of hours: ``CT = Defrost timer run time in hours required to 
cause it to go through a complete cycle, to the nearest tenth hour per 
cycle'' (Appendix A1 section 5.2.1.2). DOE proposes to modify Appendix 
A1 to remove the clarifying equations for F, ETM, and 
ETL, to eliminate reference to the optional third part of 
the test, and to correct the units in the definitions for 
CTM (maximum time between defrosts in hours of compressor 
run time) and CTL (lowest

[[Page 29841]]

time between defrosts in hours of compressor run time). If the optional 
part of the test is retained, DOE would propose all of these changes 
except elimination of the reference to the optional step. DOE is also 
proposing that parallel changes be made in Appendices B1, A, and B. (In 
Appendix B1, the change would be made in the current section 5.2.1.3.)
B: Energy Testing and Energy Use Equation for Products With Dual 
Automatic Defrost
    Section 4.1.2.4 of Appendix A1 describes the manner in which to 
test products equipped with a dual automatic defrost cycle. The section 
provides:

    4.1.2.4 Dual compressor systems with automatic defrost. If the 
model being tested has separate compressor systems for the 
refrigerator and freezer sections, each with its own automatic 
defrost system, then the two part method in 4.1.2.1 shall be used. 
The second part of the method will be conducted separately for each 
automatic defrost system. The auxiliary components (fan motors, 
anti-sweat heaters, etc.) will be identified for each system and the 
energy consumption measured during each test.

10 CFR part 430, subpart B, Appendix A1, section 4.1.2.4.
    The energy use of each compressor system must be measured 
separately in order to properly measure the energy use associated with 
each defrost system. Section 4.1.2.4 does not describe all of the key 
components--e.g., the compressor and the defrost heater are not 
mentioned--that must have their energy use separately measured. DOE 
proposes to modify the text to explicitly include the compressor and 
defrost heater in the list of components associated with each system 
that must have their energy use separately measured to clarify the 
required procedure.
    Additionally, DOE is proposing to modify the current energy use 
equation for products equipped with dual automatic defrost cycles. 
Currently, the energy use equation for products with dual automatic 
defrost in section 5.2.1.5 of Appendix A1 reads as follows:

ET = (1440 x EP1/T1) + (EP2F - (EPF x T2/T1)) x 
12/CTF + (EP2R - (EPR x T3/T1)) x 12/
CTR

Where 1440, EP1, T1, EP2, 12, and CT are defined in 5.2.1.2
EPF = energy expended in kilowatt-hours during the second 
part of the test for the freezer system by the freezer system.
EP2F = total energy expended during the second part of 
the test for the freezer system.
EPR = energy expended in kilowatt-hours during the second 
part of the test for the refrigerator system by the refrigerator 
system.
EP2R = total energy expended during the second part of 
the test for the refrigerator system.
T2 and T3 = length of time in minutes of the second test part for 
the freezer and refrigerator systems respectively.
CTF = compressor ``on'' time between freezer defrosts 
(tenths of an hour).
CTR = compressor ``on'' time between refrigerator 
defrosts (tenths of an hour).

10 CFR part 430, subpart B, Appendix A1, section 5.2.1.5.

    DOE proposes correcting several errors in the above definitions. 
The value EPF, defined as the energy use of the freezer 
system during the second part of the test for the freezer system, 
should instead be defined as the energy use of the freezer system 
during the first part of the test. Similarly, EPR should be 
the energy use of the refrigerator system during the first part of the 
test rather than the second part of the test.
    Also, the value EP2F should be the energy use of the 
freezer system for the second part of the test for the freezer system, 
rather than the total energy use for the second part of the test for 
the freezer system. The total energy would include the fresh food 
system energy. Calculating defrost contributions for each system 
requires that the measurements be conducted only for that particular 
system. Subtracting the total energy use for steady state operation 
(adjusted for the time period of the defrost part of the test) from the 
total energy use for the freezer defrost, the fresh food part of these 
measurements will not necessarily cancel out, because they will not 
necessarily include a whole number of compressor cycles. The situation 
created by the current equation's definitions can result in the 
measurement being erroneously adjusted based on the random nature of 
when the fresh food compressor cycles on and off, rather than 
calculated based just on the operation of the freezer system.
    Similarly, EP2R should be the energy use of the 
refrigerator system during the second part of the test for the 
refrigerator system. The values CTF and CTR 
should also be denoted in hours to the nearest tenths of an hour.
    DOE proposes to amend the test procedure of Appendix A1 to correct 
these errors. The corrected text would also appear in Appendix A.
14. Including in Certification Reports Basic Information Clarifying 
Energy Measurements
    This section discusses a proposal to include information in 
certification reports that would clarify how products with advanced 
controls features (e.g., variable defrost control or variable anti-
sweat heater control) or with modifications from standard temperature 
sensor locations are tested. Section III.D.10 discusses test procedures 
for products with long-time or variable defrost, section III.D.9 
discusses test procedures for products with variable anti-sweat heater 
control, and section III.D.3 discusses alternative temperature sensor 
locations. Measurement of energy use of such products cannot be 
conducted properly without knowledge of specific information regarding 
these control systems or without knowledge that the temperature sensor 
locations have been modified from their standard locations. This 
information impacts how such a product is tested and how its energy use 
is calculated. In order to allow verification of the energy use ratings 
for such products by parties other than their manufacturers, DOE 
proposes that this information be included in certification reports.
    The calculation of energy use for products with variable defrost 
control involves either use of control parameters CTL and 
CTM or a test to determine the appropriate compressor run 
time between defrosts. (see for example Appendix A1, section 5.2.1.3). 
Section III.D.12 above proposes elimination of the approach using the 
test, because DOE believes that this approach is rarely if ever used in 
rating products. In order to properly measure the defrost portion of 
the energy use for a product, a test technician must know (1) whether 
the product has variable defrost control, and (2) the values 
CTL and CTM. DOE proposes that these three sets 
of data be provided in certification reports for refrigeration 
products.
    The proposed procedure for calculation of energy use for products 
with variable anti-sweat heater control is described in section III.D.9 
above. Proper energy use measurement for such a product according to 
the proposed procedure requires the disclosure of whether a particular 
product has this type of control. Hence, DOE proposes that this 
information be provided in certification reports.
    The inclusion of details regarding the relocation of temperature 
sensor locations in test reports to be maintained by manufacturers is 
discussed in section III.D.3 above. However, knowledge that such 
modification has been made to conduct a test would not generally be 
available unless DOE requested the test records. Hence, DOE proposes 
that notification be provided in the certification report

[[Page 29842]]

for a product if such an adjustment has been made.
    These modifications would be introduced into the regulations by 
modifying 10 CFR 430.62(a)(4)(xii), which requires the reporting of 
information specific to refrigeration products that must be provided in 
certification reports. Reporting of the presence of variable defrost or 
variable anti-sweat heater control would be required for all such 
products, while reporting of the variable defrost parameters 
CTL and CTM would be required only for products 
equipped with this type of control. If specific values of these 
parameters are not used in the control algorithm, the default defrost 
parameters specified for example in Appendix A1 section 5.2.1.3 would 
be reported. In the case of products with multiple defrost cycle types 
(see section III.D.11 above), the defrost cycle parameters for all of 
the defrost cycle types would be provided.
    DOE requests comment on whether this proposal would be sufficient 
to allow accurate testing, and, if this information is not sufficient, 
what additional or alternative information should be provided.

E. Amendments To Take Effect Simultaneously With a New Energy 
Conservation Standard

    In addition to the proposed changes discussed above, DOE is 
considering additional changes to the test procedure that would become 
effective in conjunction with a final rule amending the energy 
conservation standards for these products. These proposed changes are 
discussed below.
1. Incorporating by Reference AHAM Standard HRF-1-2008 for Measuring 
Energy and Internal Volume of Refrigerating Appliances
    The current DOE test procedures for refrigerators and refrigerator-
freezers reference sections of AHAM Standard HRF-1-1979. The referenced 
sections specify the test facility, test sample set-up, measurement 
procedure, and volume calculation requirements that manufacturers must 
follow when testing their products. The most recent version of this 
industry procedure, HRF-1-2008, incorporates many changes, including 
the specification of new requirements for compartment temperatures and 
new methods of volume calculation, discussed further in sections 
III.E.2 and III.E.3 of this notice.
    Adopting the provisions in HRF-1-2008 for new compartment 
temperatures and new volume calculation methods into the DOE test 
procedures for refrigeration products would alter the measured energy 
efficiency of these products. These new compartment temperatures are 
lower for refrigerator-freezers and refrigerators with freezer 
compartments larger than 0.5 cubic ft. in size. This proposed change 
would create a greater temperature difference between the exterior and 
interior of the cabinet during the test, which in turn would increase 
thermal loads placed on the tested unit. In addition, the refrigeration 
systems of refrigerator-freezers would operate with a greater 
temperature lift (i.e., the rise in temperature between the 
refrigeration system's evaporator, where heat is absorbed, and the 
system's condenser, where heat is transferred to the ambient air), 
which would reduce its coefficient of performance (COP, refrigeration 
provided divided by power input). Both factors would increase the 
measured energy use for these products, the first by increasing the 
amount of heat that must be removed by the refrigeration system, and 
the second by reducing the refrigeration system's effectiveness in 
removing heat.
    The proposed changes in the volume calculation method would change 
the calculated refrigerated volume and the adjusted volume because both 
factors depend on the volume measurements.
2. Establishing New Compartment Temperatures
    Working Group 12 of Technical Committee 59 of the IEC is developing 
IEC 62552, a new international test procedure for refrigeration 
products. DOE understands that one of the chief goals of this effort is 
to harmonize the energy test procedure for countries that comprise key 
markets for these products. Among the procedures addressed in IEC 62552 
is the treatment of compartment temperatures for refrigeration 
products.
    In developing HRF-1-2008, AHAM incorporated some of the provisions 
being considered for IEC 62552. Among these provisions, AHAM changed 
the compartment temperatures for refrigerator and refrigerator-freezer 
testing. These temperature changes include (1) lowering the standard 
test temperatures from 5[deg]F to 0[deg]F for the freezer compartment 
of a refrigerator-freezer and from 45[deg]F to 39[deg]F for the fresh 
food compartment, (2) raising the standard test temperature from 
38[deg]F to 39[deg]F for an all-refrigerator, and (3) lowering the 
standard test temperature from 45[deg]F to 39[deg]F for the fresh food 
compartment of a refrigerator having a freezer compartment. (HRF-1-
2008, section 5.6.2). AHAM believes the new temperatures more closely 
represent compartment temperatures typically experienced during normal 
use of these products. (See AHAM (Framework Comments), No. 11 at p. 2. 
See also Godwin, S.L. et al., ``A Comprehensive Evaluation of 
Temperatures within Home Refrigerators'', Food Protection Trends, Vol. 
27, No. 3, pp. 168-73, International Association for Food Protection, 
2007 (assessing the actual temperatures at which cold foods are stored 
in homes and noting the need to maintain refrigeration temperatures at 
40[deg]F or lower) and Kosa, K. et al., ``Consumer Home Refrigeration 
Practices: Findings from a Consumer Survey'', presented at the ADA Food 
& Nutrition Conference & Expo, Honolulu, Hawaii, (September, 2006) 
(noting the need to maintain refrigeration temperatures at 40[deg]F or 
lower and the significant number of surveyed households that did not 
follow this practice).)
    These compartment temperature changes also led AHAM to change the 
volume adjustment factors, which depend on compartment temperatures. 
AHAM changed the volume adjustment factor for (1) freezer compartments 
of refrigerator-freezers from 1.63 to 1.76, (2) freezers from 1.73 to 
1.76, and (3) freezer compartments of refrigerators from 1.44 to 1.47. 
(Compare HRF-1-1979, section 10.4 with HRF-1-2008, section 6.3).
    Volume adjustment factors are used in the calculation of adjusted 
volumes, which are the basis of the energy conservation standard 
equations for refrigeration products. Adjusted volume is defined for 
refrigerators and refrigerator-freezers as ``the sum of (i) the fresh 
food compartment volume as defined in HRF-1-1979 in cubic feet, and 
(ii) the product of an adjustment factor and the net freezer 
compartment volume as defined in HRF-1-1979, in cubic feet.'' 10 CFR 
part 430, subpart B, Appendix A1, section 1.2.
    DOE proposes to adopt the new compartment temperatures of HRF-1-
2008 and their associated volume adjustment factors in the DOE test 
procedures. It is doing so to improve the ability of the required 
procedure to produce measurements that are more representative of field 
energy use and to help facilitate the international harmonization of 
appliance test procedures. Reducing the energy test compartment 
temperatures for refrigerators (excluding all-refrigerators) and 
refrigerator-freezers will result in higher energy test numbers because 
of the higher thermal load associated with the increased temperature 
difference between ambient conditions and the compartments. Chapter 7 
of the preliminary Technical Support

[[Page 29843]]

Document for the ongoing rulemaking on Energy Conservation Standards 
for Refrigerators, Refrigerator-Freezers, and Freezers addressed field 
energy use for refrigeration products. This analysis was developed 
using the U.S. DOE's Energy Information Agency's Residential Energy 
Consumption Survey (RECS) of 2005. For all product classes for which 
data were available in the RECS database, the field energy use was 
determined to be greater than the energy use associated with an energy 
test using the new compartment temperatures that are under 
consideration in today's proposal. Part of this energy use increase is 
associated with icemaking, which is not covered by the current energy 
test procedure. However, DOE's initial analysis shows that the higher 
energy use measured using the new compartment temperatures provides a 
more accurate representation of energy use during typical consumer use 
of refrigeration products. This observation reinforces the position 
that energy tests conducted using the new compartment temperatures are 
more representative of field energy use than the temperatures used in 
the current test procedures.
    Under today's proposal, these new compartment temperatures and 
their associated volume adjustment factors would be incorporated into 
the proposed Appendices A and B to coincide with the compliance date 
for any new standards that manufacturers would need to meet in 2014.
3. Establishing New Volume Calculation Method
    In HRF-1-2008, AHAM simplified the volume calculation method. (See 
HRF-1-2008, preface). Specifically, the revised calculation involves 
far fewer instructions regarding the inclusion or exclusion of various 
components and regions of the compartments, and provides far fewer 
diagrams illustrating these varied instructions. AHAM provided DOE with 
data illustrating the impact that the new volume calculation method 
would have for certain representative product classes. These data show 
that calculated compartment volumes change in the range of 1 to 3 
percent. (``Impact of HRF-1 Test Procedure Change on Reported Adjusted 
Volume and Reported Energy Consumption Values'', RIN 1904-AB79, Docket 
No. EERE-2008-BT-STD-0012 (data provided by AHAM for the Rulemaking for 
Energy Conservation Standards for Refrigerators, Refrigerator-Freezers, 
and Freezers)).
    DOE proposes to amend the DOE test procedures to adopt the volume 
calculation procedure used in HRF-1-2008. The new volume calculation 
method is simpler and leaves less room for subjective interpretation by 
test technicians in developing a volume estimate when compared to the 
current method. Adoption of the simplified method is expected to 
improve the accuracy of volume reporting. Further, since the energy 
conservation standard is based on the adjusted volume determined from 
volume measurements, this improved accuracy is also expected to improve 
compliance with the energy standard.
    Questions have surfaced during DOE review of AHAM HRF-1-2008 in 
regard to requirements for the treatment of icemakers and related 
hardware for the purposes of volume calculations. HRF-1-2008 does 
explicitly mention whether automatic icemakers or ice storage bins 
should be considered part of the internal volume. The key clause of 
this standard, which specifies components whose volumes are to be 
included in the volume measurement, reads, ``(w)hen the volume is 
determined, internal fittings such as shelves, removable partitions, 
containers and interior light housings shall be considered as not being 
in place.'' (HRF-1-2008, section 4.2.2).
    In contrast, HRF-1-1979 specifically addresses the volume of the 
icemaker and the ice storage bin:
    Volumes to be included. The total refrigerated volume is to include 
volume occupied by special features, such as baskets, crispers, meat 
pans, chiller trays, icemakers (including storage bins for automatic 
icemakers) and water coolers. (HRF-1-1979, section 4.2.1.1(a))
    Volumes to be deducted. The total refrigerated volume is not to 
include volume occupied by fixed projections, such as control knobs, 
shelf hangers, shelf and pan rails, and thermostat escutcheons, which 
collectively, exceed a volume of more than 0.05 cubic foot (1.4 liters) 
per compartment. (Id., section 4.2.1.2(e))
    DOE does not intend to change the test procedure for volume 
calculation to require excluding the volume of the icemaker and the ice 
storage bin in the volume calculation. Hence, DOE proposes to include 
the following clarifying language to this effect in section 5.3 of 
Appendix A:

    In the case of refrigerators or refrigerator-freezers with 
automatic icemakers, the volume occupied by the automatic icemaker, 
including its ice storage bin, is to be included in the volume 
measurement.

    DOE proposes a similar amendment to Appendix B, recognizing that 
freezers may also incorporate automatic icemakers.
    As with the proposed incorporation of new compartment temperatures, 
DOE plans to incorporate the proposed volume calculation changes as 
part of the procedures that manufacturers would apply when certifying 
compliance to any standards that apply in 2014. These changes (i.e., 
temperature and volume measurements) would have a significant impact on 
the overall standards for refrigeration products and necessitate, in 
DOE's view, that sufficient time be provided to manufacturers to adjust 
to these changes. In light of this belief, DOE believes it appropriate 
to require that manufacturers use these new calculations within the 
initiation of any required standards for 2014. These amendments would 
appear in the new Appendices A and B.
4. Control Settings for Refrigerators and Refrigerator-Freezers During 
Testing
    Section III.D.4 above introduces one issue associated with the 
current test procedure requirements for temperature control settings. 
Additional issues and proposed amendments to resolve these issues are 
discussed in this section.
    The use of two tests conducted at different temperature control 
settings is described above in section III.D.4. Appendix A1, section 
3.2.1 requires the adjustment of settings in the second test so that 
the compartment temperatures measured during the two tests bound the 
standardized temperature for the product under test. The standardized 
temperatures for the products covered by Appendix A1 are defined in 
section 3.2: All-refrigerator, 38 [deg]F (3.3 [deg]C) for the fresh 
food compartment temperature; Refrigerator, 15 [deg]F (-9.4 [deg]C) for 
the freezer compartment temperature; Refrigerator-freezer, 5 [deg]F (-
15 [deg]C) for the freezer compartment temperature. For refrigerators 
and refrigerator-freezers, the current procedure requires that the 
settings adjustment for the second test be based only on the freezer 
temperature measured during the first test, even though the product's 
energy use would also be impacted by the temperature of the fresh food 
compartment during the test. Hence, ensuring consistency of the test 
measurement with the representative use cycle of these products should 
also require consideration of bounding of the standardized temperature 
of the fresh food compartment.
    DOE understands that manufacturers conduct tests of refrigerator-
freezers and of refrigerators that are not all-refrigerators with 
consideration of the fresh food compartment temperature. The controls 
are set to their warmest

[[Page 29844]]

position(s) for the second test only if during the first test all 
compartment temperatures are lower than their standardized 
temperatures. Otherwise, the controls are all set to their coldest 
position for the second test required under the procedure. The fresh 
food compartment's standardized temperature under the practice followed 
by the manufacturers is 45 [deg]F, which is consistent with the 
temperature used for the energy use calculation (interpolation) based 
on fresh food compartment temperature of Appendix A1, section 6.2.2.2. 
DOE understands that manufacturers have adopted this approach to ensure 
that the energy use calculation provides an interpolation to a setpoint 
condition for which the temperatures of all compartments are either 
equal to or lower than the standardized temperatures for the 
compartments. This practice is most clearly described in the Canadian 
Standards Association Standard C300-08, ``Energy performance and 
capacity of household refrigerators, refrigerator-freezers, freezers, 
and wine chillers'' (CSA C300-08), section 6.1.3.2.2, which states:

    If the first test produces average compartment temperatures that 
fall into quadrants B, C, or D of Figure A.1, the second test shall 
be performed with all controls at their coldest setting(s). If the 
first test produces average compartment temperatures that fall into 
quadrant A of Figure A.1, the second test shall be performed with 
all controls at their warmest setting(s).

CSA C300-08, section 6.1.3.2.2.
    In Figure A.1 of C300-08 at least one of the compartment 
temperatures is above its standardized temperature for quadrants B, C, 
or D, but only for quadrant A are both compartment temperatures lower 
than their standardized temperatures.
    DOE proposes to modify the energy test procedure to make it 
consistent with the procedure manufacturers already use to adjust 
settings. Specifically, by requiring that the second test be conducted 
with all controls at their warmest settings only if both compartment 
temperatures during the first test were lower than the standardized 
temperatures, DOE will help ensure that the required procedure is more 
rigorous than what is currently in place in its test procedure. It 
would also create a procedure that is consistent with current industry 
practices. DOE proposes also to modify the specification of 
standardized compartment temperatures by adding a standardized 
compartment temperature for the fresh food compartment of refrigerators 
and refrigerator-freezers. The standardized fresh food temperature 
would be specified as 39 [deg]F in Appendix A.

Conducting a Third Test

    DOE also notes that the current DOE test procedure specifies that 
as many as three tests may need to be conducted for calculating energy 
use. In particular, it specifies when the first two tests are 
sufficient for calculating energy use and when a third test is 
required. The current test procedure provides:

    If the compartment temperatures measured during these two tests 
bound the appropriate standardized temperature, then these test 
results shall be used to determine energy consumption. If the 
compartment temperature measured with all controls set at their 
coldest setting is above the standardized temperature, a third test 
shall be performed with all controls set at their warmest setting 
and the result of this test shall be used with the result of the 
test performed with all controls set at their coldest setting to 
determine energy consumption. If the compartment temperature 
measured with all controls set at their warmest setting is below the 
standardized temperature; and the fresh food compartment temperature 
is below 45 [deg]F (7.22 [deg]C) in the case of a refrigerator or a 
refrigerator-freezer, excluding an all-refrigerator, then the result 
of this test alone will be used to determine energy consumption.

(10 CFR 430, subpart B, Appendix A1, section 3.2.1).

Test Results Not Addressed in the Current Test Procedure

    Table 2 below illustrates the logic behind the temperature setting 
requirements for refrigerator and refrigerator-freezer testing. This 
logic is based on the current test procedure and incorporates the 
clarification regarding the treatment of fresh food and freezer 
compartment temperatures for the first test, as described above. The 
tests for Cases 2, 5, and 6 in Table 2 are not clearly addressed in the 
current test procedure--specifically, while the freezer compartment 
temperature is lower than the setpoint for both tests, the fresh food 
compartment temperature is higher than 45 [deg]F for at least one of 
the tests. The current procedure does not explicitly state which set of 
results are to be used when calculating energy consumption in these 
cases.

                                     Table 2--Temperature Setting Chart for Refrigerators and Refrigerator-Freezers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  First test                                      Second test
-----------------------------------------------------------------------------------------------  Third test settings    Energy calculation     Case No.
       Settings                 Results                Settings                 Results                                      based on
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fzr Mid...............  Fzr Low...............  Fzr Warm..............  Fzr Low...............  None.................  Second Test Only....            1
 FF Mid...............  FF Low................  FF Warm...............  FF Low................
                                                                        Fzr Low...............  None.................  Not Clear: Propose              2
                                                                                                                        use of First and
                                                                                                                        Second Test.
                                                                        FF High...............
                                                                        Fzr High..............  None.................  First and Second                3
                                                                                                                        Test.
                                                                        FF Low................
                                                                        Fzr High..............  None.................  First and Second                4
                                                                                                                        Test.
                                                                        FF High...............
                        Fzr Low...............  Fzr Cold..............  Fzr Low...............  None.................  Not Clear: Propose              5
                                                                                                                        requiring a Third
                                                                                                                        test with Warm/Warm
                                                                                                                        settings and use of
                                                                                                                        the Second and
                                                                                                                        Third Tests.
                        FF High...............  FF Cold...............  FF High...............
                                                                        Fzr Low...............  None.................  Not Clear: Propose              6
                                                                                                                        use of First and
                                                                                                                        Second Test.
                                                                        FF Low................
                        Fzr High..............  Fzr Cold..............  Fzr High..............  Fzr Warm.............  Second and Third                7
                                                                                                                        Tests.
                        FF Low................  FF Cold...............  FF Low................  FF Warm..............
                                                                        Fzr Low...............  None.................  First and Second                8
                                                                                                                        Tests.
                                                                        FF Low................
                        Fzr High..............  Fzr Cold..............  Fzr Low...............  None.................  First and Second                9
                                                                                                                        Tests.
                        FF High...............  FF Cold...............  FF Low................
                                                                        Fzr Low...............  None.................  First and Second               10
                                                                                                                        Tests.
                                                                        FF High...............

[[Page 29845]]

 
                                                                        Fzr High..............  Fzr Warm.............  Second and Third               11
                                                                                                                        Tests.
                                                                        FF Low................  FF Warm..............
                                                                        Fzr High..............  Fzr Warm.............  Second and Third               12
                                                                                                                        Tests.
                                                                        FF High...............  FF Warm..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Fzr = Freezer Compartment, FF = Fresh Food Compartment.

    DOE proposes that for cases 2 and 6 that the results of the first 
and second tests be used for the energy consumption calculation, since 
this calculation will ensure that all compartment temperatures do not 
exceed their standardized temperatures at the calculated condition.

Warm Compartments

    Similarly, cases 5, 7, 10, 11, and 12 all involve at least one 
compartment that is warmer than its standardized temperature when all 
controls are at their coldest setting. These cases represent 
substandard product performance, but the test procedure allows for the 
rating of products under some of these scenarios. When one of the 
warmer compartments is the freezer compartment (as in cases 7, 11, and 
12), the current test procedure calls for conducting a third test with 
all controls set at their warmest setting and using the second and 
third tests to determine energy use. For case 10, the results for the 
freezer compartment comply with the requirements of the current test 
procedure (using the results from the first and second tests to 
calculate energy use), even though the fresh food compartment 
temperature is higher than the standardized temperature when the unit 
is tested at the compartment's coldest setting. As mentioned above, the 
current test procedure provides no guidance for case 5, where the 
freezer compartment temperature is below the standardized temperature 
but the fresh food compartment temperature at its coldest setting is 
higher than the standardized temperature.
    These amendments are proposed for new Appendix A.

Alternative Approach for High Compartment Temperatures

    While DOE proposes that a third test be required for case 5, and 
that the results of the second and third tests be used to calculate 
energy consumption, the agency is considering an alternative to address 
the nonstandard performance of all of these test cases in a manner 
described below. While the current proposal does not incorporate this 
alternative, DOE seeks comment on whether it should be implemented to 
discourage designs for which any of the standardized compartment 
temperatures are not achieved.
    The alternative would be to modify the test procedure to prevent 
the rating of products if any measured compartment temperature exceeds 
its standardized temperature when all controls are at their coldest 
settings. If a tested unit's fresh food compartment exceeds its 
standardized temperature, the product would not meet the refrigerator 
definition, which specifies the use of ``temperatures above 32 [deg]F 
and below 39 [deg]F''. (10 CFR 430.2). Under the proposed definition 
for a refrigerator-freezer (see section III.B), the product would also 
fail to meet that product definition. Similarly, if the freezer 
compartment temperature of a refrigerator-freezer exceeded its 
standardized temperature, the product would not comply with the current 
requirement that the freezer compartment ``may be adjusted by the user 
to a temperature of 0 [deg]F or below.'' (10 CFR 430.2). The maximum 
temperature for the freezer compartment of a refrigerator is 32 [deg]F, 
substantially higher than the 15 [deg]F standardized temperature (10 
CFR 430.2). Hence, a modification to the test procedure preventing a 
rating would not directly be supported by the product definition for 
the case of a refrigerator whose freezer compartment is warmer than the 
15[deg]F standardized temperature.
    Precedent for disallowing the rating of a product for which a 
compartment is above its standardized temperature when the product is 
tested with temperature controls at their coldest settings is found in 
CSA C300-08:
5.2.7.3 Noncompliance and Product Description
    For the standard and alternative testing sequences, the conditions 
of noncompliance with prescribed thermal performance shall be as 
follows:
    (a) if, with all compartment controls at their coldest settings, 
the freezer temperature remains above the standard operating 
temperature specified in Clause 5.2.6.2, the product description shall 
be revised in accordance with the measured temperature; and
    (b) energy consumption shall then be declared in accordance with 
the revised product description.
CSA C300-08 Section 5.2.7.3
    DOE seeks comment on a possible general test procedure requirement 
that would provide that any product that exhibits such substandard 
performance would be ineligible of being rated as a product associated 
with the standardized temperature that was not achieved. DOE further 
seeks comment on whether such a provision should be considered for 
current Appendices A1 and B1 as well as proposed new Appendices A and 
B. Note that the reduction of some of the standardized temperatures 
upon transition to Appendices A and B would increase the level of 
performance required for these products.

Alternative Test Methods Involving Just Warm and/or Cold Settings

    The DOE test procedure allows two alternative approaches: (1) Using 
just a test with controls at their warm settings and (2) conducting two 
tests with controls at their cold settings for one test and at their 
warm settings for the second test. (see Appendix A1 sections 3.2.2 and 
3.2.3). For the second of these approaches, the compartment temperature 
is higher than the standardized temperature at the coldest setting. 
Depending on the results of these tests, they can be used to determine 
energy consumption. Except for the fact that a test with median 
temperature setting has not been conducted as the first test, these 
cases are equivalent to the cases listed in Table 2. In these cases 
(cases 1, 6, 7, 11, and 12), the results of the first test are not used 
in the energy consumption calculation.

General

    DOE proposes to add a modified version of Table 2 to the test 
procedure. The proposed changes would clarify the energy consumption 
calculation by dictating both the (1) temperature

[[Page 29846]]

settings of subsequent tests and (2) test results that would be used 
when calculating energy consumption. These changes would apply to 
Appendices A.
    DOE also proposes that the equivalent of the logic chart 
represented by Table 2 be included in the test procedures to describe 
the temperature settings and tests to use for the energy use 
calculation for all-refrigerators and freezers. An example of such a 
chart is shown in Table 3 below. This change would be made in 
Appendices A and B.

                                         Table 3--Temperature Setting Chart for All--Refrigerators and Freezers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      First test                                      Second test
------------------------------------------------------------------------------------------------     Third test          Energy calculation based on:
            Settings                    Results              Settings             Results             settings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid.............................  Low................  Warm...............  Low................  None..............  Second Test Only.
                                                                            High...............  None..............  First and Second Tests.
                                  High...............  Cold...............  Low................  None..............  First and Second Tests.
                                                                            High...............  Warm..............  Second and Third Tests.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    DOE seeks comment on these proposed amendments, on whether the 
circumstances listed in Table 2 and Table 3 adequately address all test 
result possibilities for their respective products, whether the 
proposed approaches for the currently unclear cases 2, 5, and 6 as 
indicated in Table 2 are appropriate, and whether the alternative 
approach disallowing a rating in the case of warm compartment 
temperatures should be adopted. DOE also seeks comment as to whether 
its understanding regarding manufacturer practices with respect to 
setting adjustments during testing are accurate and, if not, what those 
practices are and how best to address them within the context of DOE's 
proposed amendments. Finally, DOE requests comment on whether any of 
these amendments should be directly applied to Appendices A1 and B1 so 
that they would take effect prior to the effective date of new energy 
conservation standards; such comments should indicate whether 
implementing these changes would make any impact on measured energy 
use.
5. Icemakers and Icemaking
    Nearly all refrigerator-freezers currently sold either have an 
automatic icemaker or are ``icemaker-ready'', meaning that they have 
the necessary water tubing, valve(s), and icemaker mounting hardware 
already installed to allow quick conversion to icemaking operation if 
an automatic icemaker is installed at any time after product shipment. 
Production of ice increases the energy use of a refrigerator-freezer in 
two ways: (1) Additional refrigeration is required to cool and freeze 
the incoming water, and (2) some icemaker components (e.g, the mold 
heater, the gear motor) also consume energy.
    The current test procedure for refrigerators and refrigerator-
freezers does not measure the energy use associated with ice production 
(HRF-1-1979, section 7.4.2). (This is a separate issue from energy used 
by heaters as part of the icemaking system, which is addressed in 
section III.F.1.) Limited information has been publicly available 
regarding ice production energy use, which depends on the product's 
efficiency in producing ice and the rate of ice production. Publicly 
available information on this issue includes the following:
     Measurements of the impact of ice making on energy use in 
tests which were otherwise consistent with the DOE energy test 
procedure for four refrigerator-freezers meeting 1993 energy standards 
show energy use increase of 72 to 121 kWh/year. (Alan Meier and Mark 
Martinez. 1996. Energy Use of Icemaking in Domestic Refrigerators. 
ASHRAE Transactions: Symposia. AT-96-19-2)
     Similar measurements with a single refrigerator showed 
energy use increase of 130 to 150 kWh/year. (Haider, Imam; He Feng; and 
Reinhard Radermacher. Experimental Results of a Household Automatic 
Icemaker in a Refrigerator/Freezer. ASHRAE Transactions: Symposia. SA-
96-7-3)
     Energy impact at full production of ice was estimated at 
250 kWh per year, average ice production is suggested to be 500 grams 
(g) per day (roughly one-quarter of full production), and the overall 
impact is estimated to be about 10% of the rated refrigerator energy 
use. This is based on testing of refrigerators that likely were 
compliant with the 1993 energy standards, considering the 1995 date of 
the report referenced in the article. (Alan Meier, Energy Use of Ice 
Making in Domestic Refrigerators, http://eetd.lbl.gov/EA/1995_Ann_Rpt/Buildings/energy.use.of.ice.html)
    DOE conducted testing to determine icemaking energy use. The 
average energy consumption and ice production rates were measured for 
extended periods of refrigerator-freezer operation involving multiple 
icemaking cycles during the steady-state operation of the products 
between defrost cycles for three refrigerator-freezers. Two of these 
products were bottom-mount refrigerator-freezers with TTD ice service. 
The other was a side-mount refrigerator-freezer with TTD ice service. 
The results of the tests are summarized in Table 1 below. The results 
show a fairly consistent energy use per pound of ice in the range 175 
to 200 Watt-hours.

                                  Table 4--Refrigerator Icemaking Test Results
----------------------------------------------------------------------------------------------------------------
                   Refrigerator type                        Bottom-mount       Bottom-mount        Side-mount
----------------------------------------------------------------------------------------------------------------
Refrigerated Volume (cubic ft.)........................              26                 25                  26
Rated Annual Energy Consumption (kWh)..................             540                547                 728
Test Average Wattage
    With Icemaking.....................................              85.1              130.0                98.2
    Without Icemaking..................................              75.6              104.5                60.9
    Differential.......................................              10                 25                  37
Ice Production Rate (lb/day)...........................               1.35               3.44                4.6
Production Efficiency (Watt-hours/lb)..................             178                174                 193
----------------------------------------------------------------------------------------------------------------


[[Page 29847]]

    Assuming a daily ice production rate of 1 pound per day (consistent 
with the 1995 Meier report), the energy use increase associated with 
icemaking is in the range of 64 to 73 kWh represents 10% to 15% of the 
rated energy use of the tested products. While the energy use in kWh is 
consistent with the 1995 Meier report (one-quarter of 250 kWh, or 63 
kWh), the percentage of rated annual energy use is higher. DOE believes 
this discrepancy is due to the lower annual energy consumption of 
current products. DOE concludes from these data that icemaking energy 
use can be a significant portion of overall energy use of refrigerator-
freezers.
    DOE notes that AHAM has been developing a test procedure for 
measuring icemaking energy use. Preliminary work on this effort was 
presented to DOE on November 19, 2009. The handout for this 
presentation, ``AHAM Update to DOE on Status of Ice Maker Energy Test 
Procedure'', November 19, 2009, has been incorporated into the docket 
for this rulemaking (RIN 1904-AB92, Docket No. EERE-2009-BT-TP-0003). 
While AHAM has not completed its icemaking test procedure, the 
presentation provides measurements of icemaking energy use determined 
using a preliminary test method. The average of these measurements is 
128 Watt-hours per pound. The preliminary AHAM procedure specified a 
daily production rate of 1.8 pounds of ice--thus, the average daily 
energy use associated with icemaking of these preliminary measurements 
is 0.23 kWh and the average annual energy use is 84 kWh.
    In light of the amount of overall energy use that icemaking appears 
to require, DOE is considering incorporating a test procedure for 
measuring icemaking energy use in the energy test for refrigerators, 
refrigerator-freezers, and freezers. However, as described in the AHAM 
presentation handout, and as noted in several comments associated with 
the refrigeration product energy conservation standard rulemaking (see 
for example comments provided by AHAM, No. 34 at p. 2, RIN 1904-AB79, 
Docket No. EERE-2008-BT-STD-0012), development of an icemaking test 
procedure is complex and consensus has not been reached that a 
satisfactory procedure has been developed. Consequently, rather than 
incorporate a measurement of icemaking energy use into the procedure at 
this time, DOE proposes to introduce the inclusion of a fixed 
placeholder value for icemaking energy use into the calculation for the 
energy use of refrigeration products with automatic icemakers. This 
approach would satisfy the need for improved accuracy in reporting the 
representative energy use of products, since the reported energy use 
would no longer be omitting icemaking energy consumption.
    DOE proposes use of the average daily icemaking energy use value 
reported by AHAM, 0.23 kWh per daily cycle. While there are questions 
about the suitability of the test method used to determine this value, 
the data reported by AHAM represents the most thorough and complete 
test series addressing this issue that is available for consideration. 
DOE welcomes comment on this approach. Further, DOE will consider 
updated information, such as revised data based on a more thoroughly 
developed test.
    DOE proposes incorporation of icemaking energy use for products 
that have automatic icemakers. This includes products either with or 
without TTD ice service, and could include freezers and refrigerators 
as well as refrigerator-freezers. While the icemaking energy use of 
products having automatic icemakers could vary significantly, accurate 
data that would allow the development of fixed icemaking energy use 
values that are a function of product class or other product 
characteristics is not available.
    DOE proposes incorporation of the icemaking energy use into the 
energy use calculation by integrating the icemaking energy use value, 
designated IET and measured in kWh per cycle, into the equations for 
energy use per cycle, which would be included in the proposed 
Appendices A and B in section 6.2. For example, the energy use per 
cycle for refrigerators or refrigerator-freezers in which the 
compartment temperatures are lower than the standardized temperatures 
during the test with control settings in their warmest positions would 
be determined as follows:
    6.2.2.1 If the fresh food compartment temperature is at or below 39 
[deg]F (3.9 [deg]C) in both tests and the freezer compartment 
temperature is at or below 15 [deg]F (-9.4 [deg]C) in both tests of a 
refrigerator or at or below 0 [deg]F (-17.8 [deg]C) in both tests of a 
refrigerator-freezer, the per-cycle energy consumption shall be:

E = ET1 + IET

Where:

ET is defined in 5.2.1;
    IET, expressed in kilowatt-hours per cycle, equals 0.23 for a 
product with an automatic icemaker and otherwise equals 0 (zero); 
and
number 1 indicates the test period during which the highest freezer 
compartment temperature was measured.

    These amendments would be incorporated in the proposed new 
Appendices A and B.
    DOE may consider modifying the test procedure requirements 
associated with icemaking energy use to incorporate testing to 
determine the icemaking energy use of particular products. If a 
suitable test procedure for this purpose can be developed in time for 
incorporation in the final rule for this rulemaking, DOE will consider 
adopting such an amendment. However, such a step will involve issuance 
of a supplementary NOPR (SNOPR) prior to the final rule. Stakeholders 
are invited to provide comments including recommendations for the test 
procedure if DOE were to propose an SNOPR. DOE expects to consider the 
following factors in developing a proposal for test measurement of 
icemaking energy use:
    (1) Applicability of the test procedure for all types of automatic 
ice makers;
    (2) Submitted test data demonstrating accuracy and repeatability of 
the procedure;
    (3) Proposal of an ice production rate in pounds per day (or per 
year) so that daily or annual icemaking energy use can be calculated 
and data supporting the production rate; and
    (4) The degree of consensus among industry representatives that the 
test is viable and that burden is not excessive.
    One issue that has come to DOE's attention during consideration of 
a test for icemaking energy use is the possible impact on energy use 
measurements of the presence of ice in the ice bin. (See, for example, 
comment 9 from the July 14, 2009 HRF-1 Task Force meeting, included in 
information provided by AHAM, No. 34 at p. 2, RIN 1904-AB79, Docket No. 
EERE-2008-BT-STD-0012). The current test procedure does not clarify 
whether ice may be in the bin during the energy test. Appendix A1 
section 2.2 references sections 7.2 through section 7.4.3.3 of HRF-1-
1979. (Appendix A1 section 2.2). Section 7.4.2 of HRF-1-1979 states, 
``[i]ce bins of automatic ice makers are to be full of frozen food 
packages;'' (HRF-1-1979 section 7.4.2). However, Appendix A1 section 
2.3 states, ``For automatic defrost refrigerator-freezers, the freezer 
compartments shall not be loaded with any frozen food packages.'' 
(Appendix A1 section 2.3). The test procedures are currently silent 
regarding the presence of ice in the ice bin during the test. DOE 
requests comment on whether a requirement regarding presence of ice in 
the bin should be incorporated into the test procedure. Such a 
requirement would be implemented by inclusion of appropriate language 
into the set-up

[[Page 29848]]

requirements in sections 2 of Appendices A1, B1, A, and B.

F. Other Issues Under Consideration

1. Electric Heaters
    Refrigeration products use electric heaters for a variety of 
functions. This section identifies some of those functions, discusses 
established approaches to heater operation during energy testing, and 
highlights sections of this notice that address modifications to the 
current test requirements for heaters.

Anti-Sweat Heaters

    The DOE test procedures have always incorporated provisions 
addressing the operation of anti-sweat heaters. These components are 
defined in both Appendices A1 and B1 (See 10 CFR part 430, subpart B, 
appendix A1, section 1.3 and 10 CFR part 430, subpart B, appendix B1, 
section 1.2) as devices designed to prevent moisture accumulation on a 
product's exterior surfaces under conditions of high ambient humidity. 
For products that have an anti-sweat heater switch that controls 
operation of anti-sweat heaters, both Appendices A1 and B1 require 
tests to be conducted with the anti-sweat heater switch in both the on 
and off positions. (See 10 CFR part 430, subpart B, appendix A1, 
section 2.2 and 10 CFR part 430, subpart B, appendix B1, section 2.2). 
The ``standard cycle'' is defined as a 24-hour cycle of operation of a 
refrigeration product with the anti-sweat heater switch on. (10 CFR 
part 430 subpart B appendix A1 section 1.7, 10 CFR part 430, subpart B, 
appendix B1, section 1.5). Calculation of annual operating cost for 
refrigerators, refrigerator-freezers, and freezers involves averaging 
the energy use of a standard cycle and a cycle with the anti-sweat 
heater switch in its position just prior to shipping from the factory. 
(10 CFR 430.23(a)(2) and 430.23(b)(2)).
    Section III.D.7 of this NOPR discusses a proposed modification to 
the definition of what constitutes an anti-sweat heater under DOE's 
regulations. Section III.D.8 addresses a proposed change that would 
address anti-sweat heater switch positions during testing. Finally, 
section III.D.9 discusses incorporating procedures for variable anti-
sweat heating controls that were most recently addressed by waivers. 
Any electric heater that falls under the current definition of anti-
sweat heater must be tested according to the current test procedures as 
defined in the current Appendices A1 and B1. Likewise, any electric 
heater that falls under the proposed definition would be required to be 
tested according to the proposed test procedures of Appendices A1 and 
B1 prior to the date that new energy conservation standards take 
effect. Manufacturers would use proposed Appendices A and B, which 
incorporate the proposed changes to Appendices A1 and B1, on and after 
the date that the new standards take effect.

Defrost Heaters

    Defrost heaters, including both heaters used to remove frost from 
evaporators and heaters used to prevent defrost water from refreezing 
in the drip pan or discharge tubing are addressed by the DOE test 
procedures. Automatic defrost is defined in Appendices A1 and B1. (See 
10 CFR part 430, subpart B, appendix A1, section 1.8 and 10 CFR part 
430, subpart B, appendix B1, section 1.7). Additional definitions are 
provided for long-time automatic defrost and variable defrost control. 
(10 CFR part 430 subpart B appendix A1 section 1, 10 CFR part 430 
subpart B appendix B1 section 1). The test procedures were modified on 
August 31, 1989 to respond to the development of adaptive defrost 
technology. 54 FR 36238. Section 4 of both Appendices A1 and B1 address 
the test time period for automatic defrost and its variations (See 10 
CFR part 430, subpart B, appendix A1, section 4 and 10 CFR part 430, 
subpart B, appendix B1, section 4). The methods for measuring daily 
energy use that incorporate the energy use of defrost heaters for 
different automatic defrost systems are specified in section 5 of both 
Appendices A1 and B1. (10 CFR part 430, subpart B, appendix A1, section 
5 and 10 CFR part 430, subpart B, appendix B1, section 5).
    Section III.D.10 of this NOPR discusses DOE's proposed modification 
of the long time defrost test procedure to address the energy usage of 
modern defrost control approaches, which are not comprehensively 
captured by the current procedure. Section III.D.13.B discusses a 
proposed correction to the procedure for measuring defrost energy use 
of dual compressor systems with dual defrost. All energy use associated 
with defrost, including both the energy input for the heater(s) and all 
of the energy use of the refrigeration system(s) required to remove the 
defrost heat or to provide precooling to minimize the impact of cabinet 
warmup during defrost should be captured by the energy test.

Heaters for Temperature Control

    Heaters that adjust the temperatures of refrigerated compartments 
are addressed indirectly through control setting requirements. The 
current test procedures require compartment temperature settings 
consistent with the standardized temperatures for these compartments. 
While compartment temperature control is primarily achieved by 
compressor cycling and the adjustment of dampers controlling the air 
flow to different compartments, some products may use electric heaters 
to enhance temperature control precision. The control setting 
requirements, among other things, specify the procedures for setting 
the temperature control of main compartments. (See 10 CFR part 430, 
subpart B, appendix A1, section 3 and 10 CFR part 430, subpart B, 
appendix B1, section 3). They also include specific procedures for 
special compartments as defined in HRF-1-1979, section 7.4.2. Section 
III.D.5 discusses proposed modifications to procedures for special 
compartments to make the procedures for these compartments consistent 
with procedures for convertible compartments.
    However, in instances where a refrigerator-freezer has more than 
two compartments, or where manufacturers have incorporated sub-
compartments with separate temperature controls, or both, the 
instructions in the current test procedure for adjusting temperature 
control settings and for weighted averaging of energy measurements 
based on measured compartment temperatures are less clear. Section 
III.D.6 discusses issues associated with these situations and the 
agency's proposed approaches for addressing both of these 
circumstances.
    Because the purpose of these test procedures is to provide a 
measurement of energy use (including those of temperature control 
heaters) that is representative of typical consumer use, DOE recognizes 
the need to explicitly address the setting of compartment temperatures 
for more advanced products equipped with more complicated 
configurations. Refinement of the procedures for setting the 
temperatures of compartments during testing in the manner proposed in 
today's notice will improve the consistency of test measurements with 
representative use cycles of products in the field.

Icemaker Heaters

    Manufacturers also use electric heaters in automatic icemakers. For 
example, many icemakers use mold heaters (or ``harvest heaters'') to 
free the ice from the icemaker mold. Some refrigerator-freezers also 
have heaters integrated with the icemaker fill tubes to ensure that 
water does not freeze in the

[[Page 29849]]

tube transferring water to the icemaker. This topic has been recently 
addressed in a document issued on the refrigerator rulemaking Web site 
(``Additional Guidance Regarding Application of Current Procedures for 
Testing Energy Consumption of Refrigerator-Freezers with Automatic Ice 
Makers'', December 2009, http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/rf_test_procedure_addl_guidance.pdf).
    These views would continue to apply to the newly proposed 
Appendices A and B.
    However, energy used by these heaters during ice production may not 
be sufficiently captured using the current energy test. Consideration 
of test procedures for measurement of icemaking energy use is discussed 
in section III.E.5 of this notice.

Exterior Heaters for Evaporation of Defrost Water

    Heaters may be used on the exterior of refrigeration products to 
evaporate defrost melt water collected in the defrost water pan. The 
current test procedures provide no specific requirements for these 
heaters.
    These heaters may not operate in the high-ambient closed-door 
operational conditions found during typical energy testing, since, for 
example, under such test conditions, no significant amount of defrost 
water would collect in a defrost water pan. The key sources of such 
water in normal operating conditions are (1) water vapor that enters 
with the air during door-openings, and (2) moisture from food products. 
Since energy testing is conducted with the doors closed and with no 
food products in the refrigerator, these key sources of moisture are 
absent and the pans generally remain dry. Hence, the energy test cannot 
provide measurements consistent with the representative use cycles for 
products with these components. DOE requests comments on the prevalence 
of the use of such heaters and their likely energy use. DOE may 
consider a test procedure amendment requesting manufacturers to 
petition for a waiver for products having these heaters to modify the 
test procedure to incorporate a measurement addressing their energy 
use.

Other Heaters

    There may be additional uses for electric resistance heaters in 
refrigeration products that are not mentioned in this section. DOE 
requests comment regarding what such uses might be, how they contribute 
to energy use in normal operating conditions and during testing in 
accordance with the current DOE energy test, and whether the current 
procedure with or without the proposed amendments discussed in this 
notice requires additional modifications to more accurately reflect 
their energy usage.
2. Rounding Off Energy Test Results
    The current energy test procedure for refrigeration products 
references HRF-1-1979, which specifies the level of precision to apply 
when measuring electric energy consumption (0.01 kWh) and the accuracy 
of that measurement (within  0.5%). (HRF-1-1979 section 
7.3.2). HRF-1-2008 specifies an increased level of precision (0.001 
kWh) for digital watt-hour meters, but retains the same requirement of 
 0.5% accuracy for energy measurements (HRF-1-2008, section 
5.4.2).
    The energy use of refrigeration products covers a broad range. 
However, a minimally compliant 20-cubic foot refrigerator-freezer with 
automatic defrost and a top-mounted freezer would have an energy use of 
roughly 500 kWh. Applying the above requirements, the required accuracy 
of this measurement is, at best,  2.5 kWh (500 kWh x 0.5%).
    The DOE regulations currently do not specify the level of precision 
that refrigeration product manufacturers must follow when reporting the 
energy use of their products--see, for example, 10 CFR 430.23(a)(5). 
The above example suggests that a precision level exceeding 1 kilowatt-
hour may not be warranted but DOE is interested in receiving comment on 
this issue. Based on comments received, DOE may consider adopting a 
more precise level of reported energy usage (e.g., to the tenths or 
hundredths level) or a level that would require reporting to the 
nearest kilowatt-hour. Such a requirement would be implemented in 10 
CFR 430.23(a)(5), for refrigerators and refrigerator-freezers, and in 
10 CFR 430.23(b)(5), for freezers.
    DOE recognizes that, if energy use is reported to the nearest 
kilowatt-hour, the specification of maximum allowable energy use must 
also be rounded to the nearest kilowatt-hour, to prevent a reporting 
error. For example, if the energy standard was 500.7 kWh for a product 
whose energy use measurement was 500.6 kWh, rounding the measurement to 
501 kWh might appear to show energy use higher than the maximum 
allowable under the standard. DOE will consider proposing that the 
maximum allowable energy use under the energy conservation standard be 
rounded to the nearest kilowatt-hour or some other fraction as part of 
the energy conservation standard rulemaking.
    DOE requests comment on the achievable accuracy in measurement of 
refrigeration product energy use, the appropriate level of precision 
for reporting of energy use and on the need to provide a similar 
rounding for maximum allowable energy use under the energy conservation 
standard.

G. Compliance With Other EPCA Requirements

    In addition, DOE examined its other obligations under EPCA in 
developing this particular rulemaking notice. These requirements are 
addressed in greater detail below.
1. Test Burden
    Section 323(b)(3) of EPCA requires that ``any test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use * * 
* or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use * * * and shall not 
be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) For the 
reasons that follow, DOE has tentatively concluded that the proposed 
amendments to DOE test procedures would satisfy this requirement.
    The proposed amendments generally incorporate minor adjustments to 
test sample set-up procedures, the treatment of certain product 
features such as convertible compartments, compartment temperatures, 
and volume calculation methods. Most of these proposed amendments would 
require no changes in the current requirements for equipment and 
instrumentation for testing or the time required for testing. With 
respect to the proposed test method for variable anti-sweat heaters, 
this proposal would specify testing in a humidity-controlled test 
chamber and require conducting three tests to measure energy use for 
steady-state cycling operation of a refrigerator-freezer. As a result, 
this change would require manufacturers of products equipped with 
variable anti-sweat heater controls to conduct additional testing. DOE 
estimates that the additional testing is expected to represent roughly 
a doubling of test time for these products, from roughly 5 days to 
roughly 10 days, which is consistent with the additional test burden 
associated with an anti-sweat heater switch, the approach used by some 
manufacturers to reduce the energy impact of anti-sweat heaters prior 
to granting of the variable anti-sweat heater control waivers.
    Among the options that DOE considered in preparation of today's

[[Page 29850]]

notice include: (1) Allowing the test procedure to be conducted exactly 
as described in the waivers or interim waivers granted to GE, 
Whirlpool, Electrolux, and Samsung, and (2) harmonizing ambient 
temperature of the test with the 90 [deg]F generally used for energy 
testing. After reviewing these options, DOE believes that the 
additional testing required for variable anti-sweat heaters is the 
least burdensome approach to determine the energy use of variable anti-
sweat heaters while helping to ensure that these components are 
sufficiently addressed in the agency's test procedure.
    At least two reasons support this view. First, manufacturers of 
refrigerator-freezers generally have test chambers with humidity 
control that would be appropriate for testing products with variable 
anti-sweat heaters since manufacturers would need such test chambers in 
the first instance to verify the effectiveness of anti-sweat and 
defrost devices in their products. While the additional testing that 
would be required may double the test time for products with variable 
anti-sweat heater control, it is unclear that any less-burdensome 
approaches could reliably verify that the control systems work as 
described.
    Second, relatively few products would require the variable anti-
sweat test, which would mean that the overall cost on the industry 
would be low. (An example of such a product would be a refrigerator-
freezer equipped with French doors, for which anti-sweat heating for 
the seal between the French doors cannot be provided with customary 
hot-liquid refrigerant heating.) Accordingly, DOE does not anticipate 
that manufacturers would need to outlay significant capital 
expenditures for new testing facilities or equipment to comply with the 
proposed variable anti-sweat test method and has tentatively concluded 
that the proposed test procedure amendments would not be unduly 
burdensome to conduct.
    As an option to reduce the test burden associated with the variable 
anti-sweat control test procedure, DOE may consider allowing 
certification of products having such a feature based on the anti-sweat 
heater energy use contribution measured for a product with the same 
variable anti-sweat heating system design. Such an approach would 
require energy test measurements made in support of certification to be 
made as currently required for all products. However, the value of the 
``Correction Factor'' representing the energy use contribution of the 
anti-sweat heaters could be based on measurements conducted for a 
product with the same variable anti-sweat heating system design. The 
same system design would include use of the same heater wattages in the 
same locations of the product, and control using the same algorithms. 
DOE seeks comment on whether such an approach would be acceptable, and 
whether the characterization of ``same variable anti-sweat heater 
system design'' is appropriate. Further, DOE seeks information 
justifying this suggested approach for reducing the test burden 
associated with the proposed variable anti-sweat heater control test 
procedure, including data demonstrating that it would provide an 
accurate and repeatable representation of energy use. DOE also seeks 
information regarding any alternative approach that could be considered 
to address this test burden issue, with supporting information and data 
to support such an alternative.
2. Potential Amendments To Include Standby and Off Mode Energy 
Consumption
    EPCA directs DOE to amend test procedures ``to include standby mode 
and off mode energy consumption * * * with such energy consumption 
integrated into the overall energy efficiency, energy consumption, or 
other energy descriptor for each covered product, unless the Secretary 
determines that--(i) the current test procedures for a covered product 
already fully account for and incorporate the standby and off mode 
energy consumption of the covered product * * * '' 42 U.S.C. 
6295(gg)(2)(A)(i). The DOE test procedures for refrigeration products 
involve measuring the energy use of these products during extended time 
periods that include periods when the compressor and other key 
components are cycled off. All of the energy these products use during 
the ``off cycles'' is included in the measurements. The refrigeration 
product could include any auxiliary features which draw power in a 
standby or off mode. HRF-1-1979 and HRF-1-2008 provide instructions 
that certain auxiliary features should be set to the lowest power 
position during testing. In this lowest power position, any standby or 
off mode energy use of such auxiliary features would be included in the 
energy measurement. Hence, no separate changes are needed to account 
for standby and off mode energy consumption, since the current 
procedures (and as proposed) address these modes.

IV. Procedural Requirements

A. Review Under Executive Order 12866

    The Office of Management and Budget has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
proposed action was not subject to review under the Executive Order by 
the Office of Information and Regulatory Affairs (OIRA) in the Office 
of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the proposed rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE has made its 
procedures and policies available on the Office of the General 
Counsel's Web site (http://www.gc.doe.gov).
    DOE reviewed the test procedures considered in today's notice of 
proposed rulemaking under the provisions of the Regulatory Flexibility 
Act and the procedures and policies published on February 19, 2003. 
This proposed rule prescribes test procedures that would be used to 
test compliance with energy conservation standards for the products 
that are the subject of this rulemaking.
    The Small Business Administration (SBA) considers an entity to be a 
small business if, together with its affiliates, it employs less than a 
threshold number of workers specified in 13 CFR part 121, which relies 
on size standards and codes established by the North American Industry 
Classification System (NAICS). The threshold number for NAICS code 
335222, which applies to Household Refrigerator and Home Freezer 
Manufacturing, is 1,000 employees.
    DOE searched the SBA Web site (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) to identify manufacturers within this NAICS code that 
produce refrigerators, refrigerator-freezers, and/or freezers. Most of 
the manufacturers

[[Page 29851]]

supplying these products are large multinational corporations with more 
than 1,000 employees. There are several small businesses involved in 
the sale of refrigeration products that are listed on the SBA Web site 
under the NAICS code for this industry. However, DOE believes that only 
U-Line Corporation of Milwaukee, Wisconsin is a small business that 
manufactures these products. U-Line primarily manufactures compact 
refrigerators and related compact products such as wine coolers and 
icemakers (these icemakers are distinguished from the automatic 
icemakers installed in many residential refrigeration products in that 
they are complete icemaking appliances using either typical residential 
icemaking technology or the clear icemaking technology used extensively 
in commercial icemakers--they are distinguished from refrigerators in 
that their sole purpose is production and storage of ice).
    DOE has tentatively concluded that the proposed rule would not have 
a significant impact on small manufacturers under the provisions of the 
Regulatory Flexibility Act. The proposed rule would amend DOE's energy 
test procedures for refrigeration products. The amendments do not 
require use of test facilities or test equipment that differ 
significantly from the test facilities or test equipment that 
manufacturers currently use to evaluate the energy efficiency of these 
products. Further, the amended test procedures would not be 
significantly more difficult or time-consuming to conduct than current 
DOE energy test procedures except for the amendments addressing testing 
of products with variable anti-sweat heating controls. The products 
that currently have such control, refrigerator-freezers with bottom-
mounted freezers and French doors serving the fresh food compartment, 
are all manufactured by large manufacturers. U-Line, the only small 
business manufacturer that has been identified, does not manufacture 
these products.
    For these reasons, DOE tentatively concludes and certifies that the 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Accordingly, DOE has not prepared 
a regulatory flexibility analysis for this rulemaking. DOE will 
transmit the certification and supporting statement of factual basis to 
the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 
605(b).

C. Review Under the Paperwork Reduction Act of 1995

    This proposed rulemaking will impose no new information collection 
or record-keeping requirements. Accordingly, OMB clearance is not 
required under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    In this notice, DOE proposes to amend its test procedure for 
refrigerators, refrigerator-freezers, and freezers. These amendments 
would improve the ability of DOE's procedures to more accurately 
account for the energy consumption of products that incorporate a 
variety of new technologies that were not contemplated when the current 
procedure was promulgated. The proposed amendments would also be used 
to develop and implement future energy conservation standards for 
refrigeration products. DOE has determined that this rule falls into a 
class of actions that are categorically excluded from review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
DOE's implementing regulations at 10 CFR part 1021. Specifically, this 
rule amends an existing rule without changing its environmental effect, 
and, therefore, is covered by the Categorical Exclusion in 10 CFR part 
1021, subpart D, paragraph A5. The exclusion applies because this rule 
would establish revisions to existing test procedures that would not 
affect the amount, quality, or distribution of energy usage, and, 
therefore, would not result in any environmental impacts. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' imposes certain requirements 
on agencies formulating and implementing policies or regulations that 
preempt State law or that have Federalism implications. 64 FR 43255 
(August 10, 1999). The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process that it will follow in developing such 
regulations. 65 FR 13735. DOE examined this proposed rule and 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of today's proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation specifies the following: (1) The 
preemptive effect, if any; (2) any effect on existing Federal law or 
regulation; (3) a clear legal standard for affected conduct while 
promoting simplification and burden reduction; (4) the retroactive 
effect, if any; (5) definitions of key terms; and (6) other important 
issues affecting clarity and general draftsmanship under any guidelines 
issued by the Attorney General. Section 3(c) of Executive Order 12988 
requires Executive agencies to review regulations in light of 
applicable standards in sections 3(a) and 3(b) to determine whether 
they are met or whether it is unreasonable to meet one or more of them. 
DOE has completed the required review and determined that, to the 
extent permitted by law, this proposed rule meets the relevant 
standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4; 2 U.S.C. 1501 et seq.) requires each Federal agency to assess 
the effects of Federal regulatory actions on State,

[[Page 29852]]

local, and Tribal governments and the private sector. For a proposed 
regulatory action likely to result in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish estimates of the resulting costs, benefits, 
and other effects on the national economy. (2 U.S.C. 1532(a)-(b)) UMRA 
also requires a Federal agency to develop an effective process to 
permit timely input by elected officers of State, local, and Tribal 
governments on a proposed ``significant intergovernmental mandate,'' 
and requires an agency plan for giving notice and opportunity for 
timely input to potentially affected small governments before 
establishing any requirements that might significantly or uniquely 
affect such governments. On March 18, 1997, DOE published a statement 
of policy on its process for intergovernmental consultation under UMRA. 
62 FR 12820. (The policy is also available at http://www.gc.doe.gov). 
Today's proposed rule contains neither an intergovernmental mandate nor 
a mandate that may result in an expenditure of $100 million or more in 
any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
Today's proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's proposed rule under OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgates or is expected to lead to promulgation of a 
final rule and that (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use if the proposal is implemented, and 
of reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use. Today's proposed regulatory 
action is not a significant regulatory action under Executive Order 
12866. It has likewise not been designated as a significant energy 
action by the Administrator of OIRA. Moreover, it would not have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42 
U.S.C. 7101 et seq.), DOE must comply with section 32 of the Federal 
Energy Administration Act of 1974, as amended by the Federal Energy 
Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788) 
Section 32 essentially provides in part that, where a proposed rule 
authorizes or requires use of commercial standards, the rulemaking must 
inform the public of the use and background of such standards. In 
addition, section 32(c) requires DOE to consult with the Attorney 
General and the Chairman of the Federal Trade Commission (FTC) 
concerning the impact of the commercial or industry standards on 
competition.
    The proposed modifications to the test procedures addressed by this 
proposed action incorporate testing methods contained in certain 
sections of the commercial standards, AHAM Standards HRF-1-1979 and 
HRF-1-2008. DOE has evaluated these two versions of this standard and 
is unable to conclude whether it fully complies with the requirements 
of section 32(b) of the FEAA (i.e., whether it was developed in a 
manner that fully provides for public participation, comment, and 
review.) DOE will consult with the Attorney General and the Chairman of 
the FTC about the impact on competition of using the methods contained 
in this standard, before prescribing a final rule.

V. Public Participation

A. Attendance at the Public Meeting

    The time, date, and location of the public meeting are listed in 
the DATES and ADDRESSES sections at the beginning of this NOPR. To 
attend the public meeting, please notify Ms. Brenda Edwards at (202) 
586-2945. As explained in the ADDRESSES section, foreign nationals 
visiting DOE Headquarters are subject to advance security screening 
procedures.

B. Procedure for Submitting Requests To Speak

    Any person who has an interest in today's notice, or who is a 
representative of a group or class of persons that has an interest in 
these issues, may request an opportunity to make an oral presentation 
at the public meeting. Such persons may hand-deliver requests to speak 
to the address shown in the ADDRESSES section at the beginning of this 
notice between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Requests may also be sent by mail or e-mail to Ms. Brenda 
Edwards, U.S. Department of Energy, Building Technologies Program, 
Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121, or [email protected]. Persons who wish to speak should 
include in their request a computer diskette or CD in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format that briefly describes 
the nature of their interest in this rulemaking and the topics they 
wish to discuss. Such persons should also provide a daytime

[[Page 29853]]

telephone number where they can be reached.
    DOE requests persons scheduled to make an oral presentation to 
submit an advance copy of their statements at least one week before the 
public meeting. DOE may permit persons who cannot supply an advance 
copy of their statement to participate, if those persons have made 
advance alternative arrangements with the Building Technologies 
Program. Requests to give an oral presentation should ask for such 
alternative arrangements.

C. Conduct of Public Meeting

    DOE will designate an agency official to preside at the public 
meeting and may also use a professional facilitator to aid discussion. 
The meeting will not be a judicial or evidentiary-type public hearing, 
but DOE will conduct it in accordance with 5 U.S.C. 553 and section 336 
of EPCA (42 U.S.C. 6306). A court reporter will be present to record 
the proceedings and prepare a transcript. DOE reserves the right to 
schedule the order of presentations and to establish the procedures 
governing the conduct of the public meeting. After the public meeting, 
interested parties may submit further comments on the proceedings as 
well as on any aspect of the rulemaking until the end of the comment 
period.
    The public meeting will be conducted in an informal, conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for presentations by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
prepared general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will permit other 
participants to comment briefly on any general statements. At the end 
of all prepared statements on each specific topic, DOE will permit 
participants to clarify their statements briefly and to comment on 
statements made by others.
    Participants should be prepared to answer DOE's and other 
participants' questions. DOE representatives may also ask participants 
about other matters relevant to this rulemaking. The official 
conducting the public meeting will accept additional comments or 
questions from those attending, as time permits. The presiding official 
will announce any further procedural rules or modification of the above 
procedures that may be needed for the proper conduct of the public 
meeting.
    DOE will make the entire record of this proposed rulemaking, 
including the transcript from the public meeting, available for 
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Copies of the 
transcript are available for purchase from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding the 
proposed rule before or after the public meeting, but no later than the 
date provided at the beginning of this notice. Comments, data, and 
information submitted to DOE's e-mail address for this rulemaking 
should be provided in WordPerfect, Microsoft Word, PDF, or text (ASCII) 
file format. Stakeholders should avoid the use of special characters or 
any form of encryption, and wherever possible, comments should include 
the electronic signature of the author. Comments, data, and information 
submitted to DOE via mail or hand delivery/courier should include one 
signed original paper copy. No telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document that 
includes all of the information believed to be confidential, and one 
copy of the document with that information deleted. DOE will determine 
the confidential status of the information and treat it accordingly.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include the following: (1) A 
description of the items; (2) whether and why such items are 
customarily treated as confidential within the industry; (3) whether 
the information is generally known by or available from other sources; 
(4) whether the information was previously made available to others 
without obligation concerning its confidentiality; (5) an explanation 
of the competitive injury to the submitting person that would result 
from public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

E. Issues on Which DOE Seeks Comment

    DOE is particularly interested in receiving comments and views of 
interested parties on the following issues:
    1. Electric Refrigerator Definition:
    DOE requests comment on whether any clarifications are needed 
regarding the definition for electric refrigerators.
    2. Measured Energy Impacts of Amendments Proposed To Take Effect 
Prior to the Effective Date of the New Energy Conservation Standards:
    DOE invites comment on whether any of the amendments proposed to 
take effect prior to the effective date of the new energy conservations 
standards (scheduled per EPCA to be January 1, 2014), have a 
significant impact on measured energy use. DOE requests information 
quantifying these impacts, if any.
    3. Incorporating by Reference AHAM Standard HRF-1-2008:
    DOE invites comment on the approach proposed for incorporating 
provisions of AHAM Standard HRF-1-2008, including (a) maintaining the 
reference to AHAM Standard HRF-1-1979 in Appendices A1 and B1, which 
will continue to be in effect until the new energy conservation 
standards become mandatory; (b) incorporating directly into Appendices 
A1 and B1 language from AHAM Standard HRF-1-2008 to clarify test 
procedures; and (c) changing all references to HRF-1-2008 for 
Appendices A and B, which will take effect simultaneously with the new 
energy conservation standards.
    4. Test Sample Preparation:
    DOE invites comments on the proposed clarifications of test 
procedures for preparing test samples. DOE has proposed allowed and 
required deviations from set-up according to installation instructions 
and invites comments on whether additional such deviations should be 
incorporated into the test procedure.
    5. Test Procedure Waivers for Products for Which Test Measurements 
Are not Representative:
    DOE seeks comment on the proposed language requiring petition for 
waivers to address products equipped with controls or other features 
that modify the operation of energy using components during the energy 
test. DOE seeks comment on whether more specific definition could or 
should be provided to define either the product characteristics that 
would make the test procedure unsuitable for use or to define 
representative average use.
    6. Temperature Sensor Locations:
    DOE seeks comment regarding frequency of testing using temperature 
sensor locations not specifically shown in Figures 7.1 and 7.2 of HRF-
1-1979. DOE also seeks comment on whether the proposed exception to 
proposed requirements for waivers associated with non-standard sensor 
location

[[Page 29854]]

arrangements are reasonable for limiting the frequency of such waivers.
    7. Convertible Temperature Compartments and Special Compartments:
    DOE invites comment on the proposed clarifications of test 
procedures for treatment of convertible-temperature and the proposed 
amendments to the test procedures for special compartments. DOE also 
requests comment on whether a size limit should be established for 
classification of a special compartment, and what a reasonable size 
limit might be.
    8. Auxiliary Compartments:
    DOE invites comment on the proposed approach to modification of the 
test procedures to address auxiliary compartments with external doors.
    9. Anti-Sweat Heater Definition:
    DOE invites comment on the proposal to allow the anti-sweat heater 
definition to include condensation of moisture on all rather than just 
exterior cabinet surfaces. DOE also seeks comment regarding whether 
additional clarity beyond the proposed amendments is required.
    10. Elimination of the Optional Third Part of the Test for 
Refrigerator-Freezers With Variable Defrost:
    DOE invites comment on the proposed elimination of the optional 
third part of the test for testing refrigerator-freezers with variable 
defrost. In particular, DOE requests information indicating that the 
third part of the procedure has been used in recent years for rating a 
product, and whether it provides a more accurate indication of the 
frequency of defrosts for such products than the default equation for 
this parameter.
    11. Test Method for Variable Anti-Sweat Heating Energy 
Contribution:
    DOE invites comment on the proposal to incorporate into the test 
procedures a determination of the energy use associated with variable 
anti-sweat heater controls involving test measurements. DOE also 
invites comment on whether the variable anti-sweat heater test 
procedure should also be incorporated into Appendices B and B1 for 
freezers. Finally, DOE invites comment on the suggested approach for 
reduction of test burden associated with the proposed test; DOE 
requests information and data providing justification for adopting this 
approach.
    12. New Compartment Temperatures:
    DOE invites comment on the establishment of new compartment 
temperatures for testing of refrigerators and refrigerator-freezers and 
the new volume adjustment factors for testing refrigeration products.
    13. New Volume Calculation Method:
    DOE invites comment on the establishment of a new volume 
calculation method. DOE also invites comment on the proposed 
clarification of the HRF-1-2008 volume calculation method addressing 
treatment of automatic icemakers and ice storage bins in the volume 
calculation method. Finally, DOE requests comment on whether this 
clarification should be applied also to freezers.
    14. Defrost Precooling Energy:
    DOE invites comment on the proposals to include precooling energy 
in the procedures for testing products with long-time or variable 
defrost controls. DOE also invites comment regarding whether additional 
test procedure amendments are appropriate in order to address possible 
use of partial recovery to reduce energy use of this part of the test.
    15. Multiple Defrost Cycle Types:
    DOE requests comments on the proposed amendments addressing test 
procedures for products with long-time or variable defrost that 
incorporate multiple types of defrost cycles.
    16. Wall Clearance:
    DOE invites comment on the proposed procedures regarding clearance 
between the rear of a tested cabinet and the test chamber or simulated 
wall.
    17. Combination Wine Storage-Freezer Products:
    DOE invites comment on its proposal to modify the definition of 
refrigerator-freezer to exclude products which combine a freezer and a 
wine storage compartment.
    18. Icemaking:
    DOE requests comments on the proposed approach for integrating 
icemaking energy use into the energy use metrics for refrigeration 
products. DOE requests recommendations for development of a test method 
for determination of icemaking energy use, including data to show the 
viability of recommended approaches. DOE requests comments on whether 
refrigerators with freezer compartments could include icemakers. 
Finally, DOE requests any updated data supporting determination of a 
representative daily ice production factor.
    19. Presence of Ice in the Ice Bin During Testing:
    DOE seeks comment on whether a requirement should be adopted in the 
test procedure specifying whether ice may be in the ice bin during 
energy testing.
    20. Temperature Settings:
    DOE requests comment on proposed modifications to the test 
procedures to clarify requirements for temperature settings, including 
whether DOE's understanding regarding the approach used by 
manufacturers is correct, and comment on whether these requirements 
should be incorporated into Appendices A1 and B1 as well as Appendices 
A and B. DOE also request comment on whether rating of products should 
be disallowed in case of tests in which compartment temperatures are 
higher than their standardized temperatures with temperature controls 
in their coldest position, and whether such an amendment should be 
introduced immediately in Appendices A1 and B1, or whether they should 
be considered only for Appendices A and B.
    21. Electric Heaters:
    DOE requests comment regarding electric heaters: what types exist 
that are not already discussed in section III.F.1; how do they 
contribute to energy use in typical consumer use and during the energy 
test; and whether modifications are needed (and if so what types) to 
more accurately reflect their energy use impact?
    22. Energy Use Measurement Round-Off:
    DOE requests comment on the achievable accuracy in measurement of 
refrigeration product energy use and the guidance under consideration 
to specify reporting of energy use to the nearest kilowatt-hour and on 
the need to provide a similar rounding for maximum allowable energy use 
under the energy conservation standard.
    23. Certification Report Amendments:
    DOE requests comments on the proposed additions to certification 
reports that will clarify the approach used to test the product.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking.

List of Subjects in 10 CFR part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Small businesses.

    Issued in Washington, DC, on April 1, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend part 
430 of chapter II of title 10, of the Code of Federal Regulations, as 
set forth below:

[[Page 29855]]

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for part 430 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

    2. Section 430.2 is amended by revising the definition for 
``electric refrigerator-freezer'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Electric refrigerator-freezer means a cabinet which consists of two 
or more compartments with at least one of the compartments designed for 
the refrigerated storage of food at temperatures above 32 [deg]F and 
below 39 [deg]F and with at least one of the compartments designed for 
the freezing and storage of food at temperatures below 8 [deg]F which 
may be adjusted by the user to a temperature of 0 [deg]F or below. 
Additional compartments shall be designed for temperature in any range 
up to 39 [deg]F. The source of refrigeration requires single phase, 
alternating current electric energy input only.
* * * * *
    3. Section 430.3 is amended by redesignating paragraph (g)(1) as 
(g)(2) and adding new paragraphs (g)(1) and (g)(3), to read as follows:


Sec.  430.3  Materials incorporated by reference.

    (g) * * *
    (1) ANSI/AHAM HRF-1-1979, (``HRF-1-1979''), American National 
Standard, Household Refrigerators, Combination Refrigerator-Freezers 
and Household Freezers, approved May 17, 1979, IBR approved for 
Appendices A1 and B1 to Subpart B.
* * * * *
    (3) AHAM Standard HRF-1-2008, (``HRF-1-2008''), Association of Home 
Appliance Manufacturers, Energy, Performance and Capacity of Household 
Refrigerators, Refrigerator-Freezers and Freezers, approved September 
13, 2008, as modified by Errata published November 17, 2009, IBR 
approved for Appendices A and B to Subpart B.
* * * * *
    3. Section 430.23 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

    (a) Refrigerators and refrigerator-freezers. (1) The estimated 
annual operating cost for electric refrigerators and electric 
refrigerator-freezers with variable anti-sweat heater control or 
without an anti-sweat heater switch shall be the product of the 
following three factors:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The average per-cycle energy consumption for the standard 
cycle in kilowatt-hours per cycle, determined according to 6.2 (6.3.6 
for externally vented units) of Appendix A1 of this subpart before 
Appendix A becomes mandatory and 6.2 (6.3.6 for externally vented 
units) of Appendix A of this subpart after Appendix A becomes mandatory 
(see the note at the beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (2) The estimated annual operating cost for electric refrigerators 
and electric refrigerator-freezers with an anti-sweat heater switch and 
without variable anti-sweat heater control shall be the product of the 
following three factors:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 (6.3.6 for externally vented units) of 
Appendix A1 of this subpart before Appendix A becomes mandatory and 6.2 
(6.3.6 for externally vented units) of Appendix A of this subpart after 
Appendix A becomes mandatory (see the note at the beginning of Appendix 
A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (3) The estimated annual operating cost for any other specified 
cycle type for electric refrigerators and electric refrigerator-
freezers shall be the product of the following three factors: (i) The 
representative average-use cycle of 365 cycles per year;
    (ii) The average per-cycle energy consumption for the specified 
cycle type, determined according to 6.2 (6.3.6 for externally vented 
units) of Appendix A1 to this subpart before Appendix A becomes 
mandatory and 6.2 (6.3.6 for externally vented units) of Appendix A of 
this subpart after Appendix A becomes mandatory (see the note at the 
beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (4) The energy factor for electric refrigerators and electric 
refrigerator-freezers, expressed in cubic feet per kilowatt-hour per 
cycle, shall be:
    (i) For electric refrigerators and electric refrigerator-freezers 
with variable anti-sweat heater control or without an anti-sweat heater 
switch, the quotient of:
    (A) The adjusted total volume in cubic feet, determined according 
to 6.1 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.1 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A), 
divided by--
    (B) The average per-cycle energy consumption for the standard cycle 
in kilowatt-hours per cycle, determined according to 6.2 (6.3.6 for 
externally vented units) of Appendix A1 of this subpart before Appendix 
A becomes mandatory and 6.2 (6.3.6 for externally vented units) of 
Appendix A of this subpart after Appendix A becomes mandatory (see the 
note at the beginning of Appendix A), the resulting quotient then being 
rounded off to the second decimal place; and
    (ii) For electric refrigerators and electric refrigerator-freezers 
having an anti-sweat heater switch and without variable anti-sweat 
heater control, the quotient of--
    (A) The adjusted total volume in cubic feet, determined according 
to 6.1 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.1 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A), 
divided by--
    (B) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 (6.3.6 for externally vented units) of 
Appendix A1 of this subpart before Appendix A becomes mandatory and 6.2 
(6.3.6 for externally vented units) of Appendix A of this subpart after 
Appendix A becomes mandatory (see the note at the beginning of Appendix 
A), the resulting quotient then being rounded off to the second decimal 
place.
    (5) The annual energy use of electric refrigerators and electric 
refrigerator-

[[Page 29856]]

freezers, expressed in kilowatt-hours per year, shall be:
    (i) For electric refrigerators and electric refrigerator-freezers 
with variable anti-sweat heater control or without an anti-sweat heater 
switch, the representative average use cycle of 365 cycles per year 
multiplied by the average per-cycle energy consumption for the standard 
cycle in kilowatt-hours per cycle, determined according to 6.2 (6.3.6 
for externally vented units) of Appendix A1 of this subpart before 
Appendix A becomes mandatory and 6.2 (6.3.6 for externally vented 
units) of Appendix A of this subpart after Appendix A becomes mandatory 
(see the note at the beginning of Appendix A), and
    (ii) For electric refrigerators and electric refrigerator-freezers 
having an anti-sweat heater switch and without variable anti-sweat 
heater control, the representative average use cycle of 365 cycles per 
year times half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 (6.3.6 for externally vented units) of 
Appendix A1 of this subpart before Appendix A becomes mandatory and 6.2 
(6.3.6 for externally vented units) of Appendix A of this subpart after 
Appendix A becomes mandatory (see the note at the beginning of Appendix 
A).
    (6) Other useful measures of energy consumption for electric 
refrigerators and electric refrigerator-freezers shall be those 
measures of energy consumption for electric refrigerators and electric 
refrigerator-freezers that the Secretary determines are likely to 
assist consumers in making purchasing decisions which are derived from 
the application of Appendix A1 of this subpart before Appendix A 
becomes mandatory Appendix A of this subpart after Appendix A becomes 
mandatory (see the note at the beginning of Appendix A).
    (7) The estimated regional annual operating cost for externally 
vented electric refrigerators and externally vented electric 
refrigerator-freezers with variable anti-sweat heater control or 
without an anti-sweat heater switch shall be the product of the 
following three factors: (i) The representative average-use cycle of 
365 cycles per year,
    (ii) The regional average per-cycle energy consumption for the 
standard cycle in kilowatt-hours per cycle, determined according to 
6.3.7 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.3.7 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (8) The estimated regional annual operating cost for externally 
vented electric refrigerators and externally vented electric 
refrigerator-freezers with an anti-sweat heater switch and without 
variable anti-sweat heater control shall be the product of the 
following three factors:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the regional average per-cycle energy 
consumption for a test cycle with the anti-sweat heater switch in the 
position set at the factory just before shipping, each in kilowatt-
hours per cycle, determined according to 6.3.7 of Appendix A1 of this 
subpart before Appendix A becomes mandatory and 6.3.7 of Appendix A of 
this subpart after Appendix A becomes mandatory (see the note at the 
beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (9) The estimated regional annual operating cost for any other 
specified cycle for externally vented electric refrigerators and 
externally vented electric refrigerator-freezers shall be the product 
of the following three factors:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The regional average per-cycle energy consumption for the 
specified cycle, in kilowatt-hours per cycle, determined according to 
6.3.7 of Appendix A1 of this subpart before Appendix A becomes 
mandatory and 6.3.7 of Appendix A of this subpart after Appendix A 
becomes mandatory (see the note at the beginning of Appendix A); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (10) The energy test procedure is designed to provide a measurement 
consistent with representative average consumer use of the product, 
even if the test conditions and/or procedures may not themselves all be 
representative of average consumer use (e.g, 90 [deg]F ambient 
conditions, no door openings, use of temperature settings unsafe for 
food preservation, etc.). If a product contains energy consuming 
components that operate differently during the prescribed testing than 
they would during representative average consumer use and applying the 
prescribed test to that product would evaluate it in a manner that is 
unrepresentative of its true energy consumption (thereby providing 
materially inaccurate comparative data), the prescribed procedure may 
not be used. Examples of products that cannot be tested using the 
prescribed test procedure include those products that can exhibit 
operating parameters (e.g, duty cycle or input wattage) for any energy 
using component that are not smoothly varying functions of operating 
conditions or control inputs--such as when a component is automatically 
shut off when test conditions or test settings are reached. A 
manufacturer wishing to test such a product must obtain a waiver in 
accordance with the relevant provisions of 10 CFR 430.
    (b) Freezers. (1) The estimated annual operating cost for freezers 
without an anti-sweat heater switch shall be the product of the 
following three factors:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The average per-cycle energy consumption for the standard 
cycle in kilowatt-hours per cycle, determined according to 6.2 of 
Appendix B1 of this subpart before Appendix B becomes mandatory and 6.2 
of Appendix B of this subpart after Appendix B becomes mandatory (see 
the note at the beginning of Appendix B); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (2) The estimated annual operating cost for freezers with an anti-
sweat heater switch shall be the product of the following three 
factors:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 of Appendix B1 of this subpart before 
Appendix B becomes mandatory and 6.2 of Appendix B of this subpart 
after

[[Page 29857]]

Appendix B becomes mandatory (see the note at the beginning of Appendix 
B); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (3) The estimated annual operating cost for any other specified 
cycle type for freezers shall be the product of the following three 
factors:
    (i) The representative average-use cycle of 365 cycles per year;
    (ii) The average per-cycle energy consumption for the specified 
cycle type, determined according to 6.2 of Appendix B1 of this subpart 
before Appendix B becomes mandatory and 6.2 of Appendix B of this 
subpart after Appendix B becomes mandatory (see the note at the 
beginning of Appendix B); and
    (iii) The representative average unit cost of electricity in 
dollars per kilowatt-hour as provided by the Secretary, the resulting 
product then being rounded off to the nearest dollar per year.
    (4) The energy factor for freezers, expressed in cubic feet per 
kilowatt-hour per cycle, shall be:
    (i) For freezers not having an anti-sweat heater switch, the 
quotient of--
    (A) The adjusted net refrigerated volume in cubic feet, determined 
according to 6.1 of Appendix B1 of this subpart before Appendix B 
becomes mandatory and 6.1 of Appendix B of this subpart after Appendix 
B becomes mandatory (see the note at the beginning of Appendix B), 
divided by--
    (B) The average per-cycle energy consumption for the standard cycle 
in kilowatt-hours per cycle, determined according to or 6.2 of Appendix 
B1 of this subpart before Appendix B becomes mandatory and 6.2 of 
Appendix B of this subpart after Appendix B becomes mandatory (see the 
note at the beginning of Appendix B), the resulting quotient then being 
rounded off to the second decimal place; and
    (ii) For freezers having an anti-sweat heater switch, the quotient 
of--
    (A) The adjusted net refrigerated volume in cubic feet, determined 
according to 6.1 of Appendix B1 of this subpart before Appendix B 
becomes mandatory and 6.1 of Appendix B of this subpart after Appendix 
B becomes mandatory (see the note at the beginning of Appendix B), 
divided by--
    (B) Half the sum of the average per-cycle energy consumption for 
the standard cycle and the average per-cycle energy consumption for a 
test cycle type with the anti-sweat heater switch in the position set 
at the factory just before shipping, each in kilowatt-hours per cycle, 
determined according to 6.2 of Appendix B1 of this subpart before 
Appendix B becomes mandatory and 6.2 of Appendix B of this subpart 
after Appendix B becomes mandatory (see the note at the beginning of 
Appendix B), the resulting quotient then being rounded off to the 
second decimal place.
    (5) The annual energy use of all freezers, expressed in kilowatt-
hours per year, shall be:
    (i) For freezers not having an anti-sweat heater switch, the 
representative average use cycle of 365 cycles per year multiplied by 
the average per-cycle energy consumption for the standard cycle in 
kilowatt-hours per cycle, determined according to 6.2 of Appendix B1 of 
this subpart before Appendix B becomes mandatory and 6.2 of Appendix B 
of this subpart after Appendix B becomes mandatory (see the note at the 
beginning of Appendix B), and
    (ii) For freezers having an anti-sweat heater switch, the 
representative average use cycle of 365 cycles per year times half the 
sum of the average per-cycle energy consumption for the standard cycle 
and the average per-cycle energy consumption for a test cycle type with 
the anti-sweat heater switch in the position set at the factory just 
before shipping, each in kilowatt-hours per cycle, determined according 
to 6.2 of Appendix B1 of this subpart before Appendix B becomes 
mandatory and 6.2 of Appendix B of this subpart after Appendix B 
becomes mandatory (see the note at the beginning of Appendix B).
    (6) Other useful measures of energy consumption for freezers shall 
be those measures the Secretary determines are likely to assist 
consumers in making purchasing decisions and are derived from the 
application of Appendix B1 of this subpart before Appendix B becomes 
mandatory Appendix B of this subpart after Appendix B becomes mandatory 
(see the note at the beginning of Appendix B).
    (7) The energy test procedure is designed to provide a measurement 
consistent with representative average consumer use of the product, 
even if the test conditions and/or procedures may not themselves all be 
representative of average consumer use (e.g, 90 [deg]F ambient 
conditions, no door openings, etc.). If a product contains energy 
consuming components that operate differently during the prescribed 
testing than they would during representative average consumer use and 
applying the prescribed test to that product would evaluate it in a 
manner that is unrepresentative of its true energy consumption (thereby 
providing materially inaccurate comparative data), the prescribed 
procedure may not be used. Examples of products that cannot be tested 
using the prescribed test procedure include those products that can 
exhibit operating parameters (e.g, duty cycle or input wattage) for any 
energy using component that are not smoothly varying functions of 
operating conditions or control inputs--such as when a component is 
automatically shut off when test conditions or test settings are 
reached. A manufacturer wishing to test such a product must obtain a 
waiver in accordance with the relevant provisions of 10 CFR 430.
* * * * *
    4. Add a new Appendix A to subpart B of part 430 to read as 
follows:

Appendix A to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Electric Refrigerators and Electric 
Refrigerator-Freezers

    The provisions of Appendix A shall apply to all products 
manufactured on or after the effective date of any amended standards 
promulgated by DOE pursuant to Section 325(b)(4) of the Energy 
Policy and Conservation Act of 1975, as amended by the Energy 
Independence and Security Act of 2007 (to be codified at 42 U.S.C. 
6295(b)(4)).

1. Definitions

    Section 3, Definitions, of HRF-1-2008 (incorporated by 
reference; see Sec.  430.3) is applicable to this test procedure.
    1.1 ``Adjusted total volume'' means the sum of:
    (i) The fresh food compartment volume as defined in HRF-1-2008 
(incorporated by reference; see Sec.  430.3) in cubic feet, and
    (ii) The product of an adjustment factor and the net freezer 
compartment volume as defined in HRF-1-2008 in cubic feet.
    1.2 ``All-refrigerator'' means an electric refrigerator that 
does not include a compartment for the freezing and long time 
storage of food at temperatures below 32 [deg]F (0.0 [deg]C). It may 
include a compartment of 0.50 cubic feet capacity (14.2 liters) or 
less for the freezing and storage of ice.
    1.3 ``Anti-sweat heater'' means a device incorporated into the 
design of a refrigerator or refrigerator-freezer to prevent the 
accumulation of moisture on the exterior or interior surfaces of the 
cabinet.
    1.4 ``Anti-sweat heater switch'' means a user-controllable 
switch or user interface which modifies the activation or control of 
anti-sweat heaters.
    1.5 ``Automatic defrost'' means a system in which the defrost 
cycle is automatically initiated and terminated, with resumption of 
normal refrigeration at the conclusion of the defrost operation. The 
system automatically prevents the permanent formation of frost on 
all refrigerated surfaces. Nominal refrigerated

[[Page 29858]]

food temperatures are maintained during the operation of the 
automatic defrost system.
    1.6 ``Automatic icemaker'' means a device, that can be supplied 
with water without user intervention, either from a pressurized 
water supply system or by transfer from a water reservoir located 
inside the cabinet, that automatically produces, harvests, and 
stores ice in a storage bin, with means to automatically interrupt 
the harvesting operation when the ice storage bin is filled to a 
pre-determined level.
    1.7 ``Cycle'' means the period of 24 hours for which the energy 
use of an electric refrigerator or electric refrigerator-freezer is 
calculated as though the consumer activated compartment temperature 
controls were set so that the standardized temperatures (see section 
3.2) were maintained.
    1.8 ``Cycle type'' means the set of test conditions having the 
calculated effect of operating an electric refrigerator or electric 
refrigerator-freezer for a period of 24 hours, with the consumer 
activated controls other than those that control compartment 
temperatures set to establish various operating characteristics.
    1.9 ``Defrost cycle type'' means a distinct sequence of control 
whose function is to remove frost and/or ice from a refrigerated 
surface. There may be variations in the sequence of control for 
defrost such as the number of defrost heaters energized. Each such 
variation establishes a separate distinct defrost cycle type.
    1.10 ``Externally vented refrigerator or refrigerator-freezer'' 
means an electric refrigerator or electric refrigerator-freezer that 
has an enclosed condenser or an enclosed condenser/compressor 
compartment and a set of air ducts for transferring the exterior air 
from outside the building envelope into, through, and out of the 
refrigerator or refrigerator-freezer cabinet; is capable of mixing 
exterior air with the room air before discharging into, through, and 
out of the condenser or condenser/compressor compartment; includes 
thermostatically controlled dampers or controls that enable the 
mixing of the exterior and room air at low outdoor temperatures, and 
the exclusion of exterior air when the outdoor air temperature is 
above 80 [deg]F or the room air temperature; and may have a 
thermostatically actuated exterior air fan.
    1.11 ``HRF-1-2008'' means the Association of Home Appliance 
Manufacturers standard Energy, Performance and Capacity of Household 
Refrigerators, Refrigerator-Freezers and Freezers that was approved 
September 13, 2008. Only sections of HRF-1-2008 (incorporated by 
reference; see Sec.  430.3) specifically referenced in this test 
procedure are part of this test procedure. In cases where there is a 
conflict, the language of the test procedure in this appendix takes 
precedence over HRF-1-2008.
    1.12 ``Long-time automatic defrost'' means an automatic defrost 
system whose successive defrost cycles are separated by 14 hours or 
more of compressor operating time.
    1.13 ``Separate auxiliary compartment'' means a freezer 
compartment or a fresh food compartment of a refrigerator or 
refrigerator-freezer having more than two compartments that is not 
the first freezer compartment or the first fresh food compartment. 
Access to a separate auxiliary compartment is through a separate 
exterior door or doors rather than through the door or doors of 
another compartment. Separate auxiliary compartments may be 
convertible (e.g., from fresh food to freezer).
    1.14 ``Stabilization period'' means the total period of time 
during which steady-state conditions are being attained or 
evaluated.
    1.15 ``Standard cycle'' means the cycle type in which the anti-
sweat heater control, when provided, is set in the highest energy-
consuming position.
    1.16 ``Variable anti-sweat heater control'' means an anti-sweat 
heater control that varies the average power input of the anti-sweat 
heater(s) based on operating condition variable(s) and/or ambient 
condition variable(s).
    1.17 ``Variable defrost control'' means a long-time automatic 
defrost system (except the 14-hour defrost qualification does not 
apply) in which successive defrost cycles are determined by an 
operating condition variable or variables other than compressor 
operating time. This includes any electrical or mechanical device 
performing this function. Demand defrost is a type of variable 
defrost control.

2. Test Conditions

    2.1 Ambient Temperature and Humidity. The ambient temperature 
shall be 90.0  1 [deg]F (32.2  0.6 [deg]C) 
during the stabilization period and the test period. If the product 
being tested has variable anti-sweat heater control, the ambient 
relative humidity shall be no more than 35%. For the variable anti-
sweat heater test described in section 4.1.3, the ambient 
temperature shall be 72  1 [deg]F (22.2  0.6 
[deg]C) dry bulb. The relative humidities for the three portions of 
the test shall be 25  10%, 65  2%, and 95 
 2%.
    2.2 Operational Conditions. The electric refrigerator or 
electric refrigerator-freezer shall be installed and its operating 
conditions maintained in accordance with HRF-1-2008, (incorporated 
by reference; see Sec.  430.3), section 5.3 through section 5.5.5.5 
(excluding section 5.5.5.4), except that the vertical ambient 
temperature gradient at locations 10 inches (25.4 cm) out from the 
centers of the two sides of the unit being tested is to be 
maintained during the test. Unless the area is obstructed by shields 
or baffles, the gradient is to be maintained from 2 inches (5.1 cm) 
above the floor or supporting platform to a height of 1 foot (30.5 
cm) above the unit under test. Defrost controls are to be operative. 
Other exceptions and clarifications to the cited sections of HRF-1-
2008 are noted in sections 2.3 through 2.7, and 5.1 of this test 
procedure.
    2.3 Anti-Sweat Heaters.
    (a) User-Controllable Anti-Sweat Heaters. The anti-sweat heater 
switch is to be on during one test and off during a second test.
    (b) Variable Anti-Sweat Heaters. In the case of an electric 
refrigerator-freezer equipped with variable anti-sweat heater 
control, the test shall be conducted with the anti-sweat heater 
controls activated to allow the anti-sweat heater to be energized 
but operating in their minimum energy state corresponding to 
operation in low humidity conditions, as a result of testing 
conducted using an ambient relative humidity level as specified in 
section 2.1. If the product has an anti-sweat heater switch, it 
shall be switched on. The variable anti-sweat heater test (described 
in section 4.1.3) shall be conducted to determine the energy 
consumption of the anti-sweat heater in higher humidity conditions. 
The standard cycle energy consumption shall be determined using the 
equation described in section 6.2.3.
    2.4 Conditions for Automatic Defrost Refrigerator-Freezers. For 
automatic defrost refrigerator-freezers, the freezer compartments 
shall not be loaded with any frozen food packages during testing. 
Cylindrical metallic masses of dimensions 1.12  0.25 
inches (2.9  0.6 cm) in diameter and height shall be 
attached in good thermal contact with each temperature sensor within 
the refrigerated compartments. All temperature measuring sensor 
masses shall be supported by low-thermal-conductivity supports in 
such a manner to ensure that there will be at least 1 inch (2.5 cm) 
of air space separating the thermal mass from contact with any 
interior surface or hardware inside the cabinet. In case of 
interference with hardware at the sensor locations specified in 
section 5.1, the sensors shall be placed at the nearest adjacent 
location such that there will be a 1-inch air space separating the 
sensor mass from the hardware.
    2.5 Conditions for All-Refrigerators. There shall be no load in 
the freezer compartment during the test.
    2.6 The cabinet and its refrigerating mechanism shall be 
assembled and set up in accordance with the printed consumer 
instructions supplied with the cabinet. Set-up of the refrigerator 
or refrigerator-freezer shall not deviate from these instructions, 
unless explicitly required or allowed by this test procedure. 
Specific required or allowed deviations from such set-up include the 
following:
    (a) Connection of water lines and installation of water filters 
are not required;
    (b) Clearance requirements from surfaces of the product shall be 
as described in section 2.8 below;
    (c) The electric power supply shall be as described in HRF-1-
2008 (incorporated by reference; see Sec.  430.3), section 5.5.1;
    (d) Temperature control settings for testing shall be as 
described in section 3 below. Settings for convertible compartments 
and other temperature-controllable or special compartments shall be 
as described in section 2.7 below; and
    (e) The product does not need to be anchored or otherwise 
secured to prevent tipping during energy testing.
    For cases in which set-up is not clearly defined by this test 
procedure, manufacturers must submit a petition for a waiver (see 
section 7).
    2.7 Compartments that are convertible (e.g,, from fresh food to 
freezer) shall be operated in the highest energy use position. For 
the special case of convertible separate auxiliary compartments, 
this means that the compartment shall be treated as a freezer 
compartment or a fresh food compartment,

[[Page 29859]]

depending on which of these represents higher energy use. Other 
compartments with separate temperature control (such as crispers 
convertible to meat keepers), with the exception of butter 
conditioners, shall also be tested with controls set in the highest 
energy use position.
    2.8 The space between the back of the cabinet and the test room 
wall or simulated wall shall be the minimum distance in accordance 
with the manufacturer's instructions. If the instructions do not 
specify a minimum distance, the cabinet shall be located such that 
the rear of the cabinet touches the test room wall or simulated 
wall. The test room wall facing the rear of the cabinet or the 
simulated wall shall be flat within \1/4\ inch, and vertical to 
within 1 degree. The cabinet shall be leveled to within 1 degree of 
true level, and positioned with its rear wall parallel to the test 
chamber wall or simulated wall immediately behind the cabinet. Any 
simulated wall shall be solid and shall extend vertically from the 
floor to above the height of the cabinet and horizontally beyond 
both sides of the cabinet.
    2.9 Steady-State Condition. Steady-state conditions exist if the 
temperature measurements in all measured compartments taken at 4-
minute intervals or less during a stabilization period are not 
changing at a rate greater than 0.042 [deg]F (0.023 [deg]C) per hour 
as determined by the applicable condition of A or B, described 
below.
    A. The average of the measurements during a 2-hour period if no 
cycling occurs or during a number of complete repetitive compressor 
cycles occurring through a period of no less than 2 hours is 
compared to the average over an equivalent time period with 3 hours 
elapsing between the two measurement periods.
    B. If A above cannot be used, the average of the measurements 
during a number of complete repetitive compressor cycles occurring 
through a period of no less than 2 hours and including the last 
complete cycle before a defrost period (or if no cycling occurs, the 
average of the measurements during the last 2 hours before a defrost 
period) are compared to the same averaging period before the 
following defrost period.
    2.10 Exterior Air for Externally Vented Refrigerator or 
Refrigerator-Freezer. An exterior air source shall be provided with 
adjustable temperature and pressure capabilities. The exterior air 
temperature shall be adjustable from 30  1 [deg]F (1.7 
 0.6 [deg]C) to 90  1 [deg]F (32.2  0.6 [deg]C).
    2.10.1 Air Duct. The exterior air shall pass from the exterior 
air source to the test unit through an insulated air duct.
    2.10.2 Air Temperature Measurement. The air temperature entering 
the condenser or condenser/compressor compartment shall be 
maintained to  3 [deg]F (1.7 [deg]C) during the 
stabilization and test periods and shall be measured at the inlet 
point of the condenser or condenser/compressor compartment 
(``condenser inlet''). Temperature measurements shall be taken from 
at least three temperature sensors or one sensor per 4 square inches 
of the air duct cross-sectional area, whichever is greater, and 
shall be averaged. For a unit that has a condenser air fan, a 
minimum of three temperature sensors at the condenser fan discharge 
shall be required. Temperature sensors shall be arranged to be at 
the centers of equally divided cross-sectional areas. The exterior 
air temperature, at its source, shall be measured and maintained to 
 1 [deg]F (0.6 [deg]C) during the test period. The 
temperature measuring devices shall have an error no greater than 
 0.5 [deg]F ( 0.3 [deg]C). Measurements of 
the air temperature during the test period shall be taken at regular 
intervals not to exceed 4 minutes.
    2.10.3 Exterior Air Static Pressure. The exterior air static 
pressure at the inlet point of the unit shall be adjusted to 
maintain a negative pressure of 0.20  
0.05 water column (62 Pascals  12.5 Pascals) 
for all air flow rates supplied to the unit. The pressure sensor 
shall be located on a straight duct with a distance of at least 7.5 
times the diameter of the duct upstream and a distance of at least 3 
times the diameter of the duct downstream. There shall be four 
static pressure taps at 90[deg] angles apart. The four pressures 
shall be averaged by interconnecting the four pressure taps. The air 
pressure measuring instrument shall have an error no greater than 
0.01 water column (2.5 Pascals).

3. Test Control Settings

    3.1 Model with no User Operable Temperature Control. A test 
shall be performed to measure the compartment temperatures and 
energy use. A second test shall be performed with the temperature 
control electrically short circuited to cause the compressor to run 
continuously.
    3.2 Models with User Operable Temperature Control. Testing shall 
be performed in accordance with one of the following sections using 
the following standardized temperatures:

All-Refrigerator: 39 [deg]F (3.9 [deg]C) fresh food compartment 
temperature;
Refrigerator: 15 [deg]F (-9.4 [deg]C) freezer compartment 
temperature, 39 [deg]F (3.9 [deg]C) fresh food compartment 
temperature;
Refrigerator-Freezer: 0 [deg]F (-17.8 [deg]C) freezer compartment 
temperature, 39 [deg]F (3.9 [deg]C) fresh food compartment 
temperature; and
Variable Anti-Sweat Heater Model (Temperatures for variable anti-
sweat heater test of section 4.1.3): 0 [deg]F (-17.8 [deg]C) freezer 
compartment temperature and 39  2 [deg]F (3.9  1.1 [deg]C) fresh food compartment temperature during steady-
state conditions with no door-openings. If both settings cannot be 
obtained, then test with the fresh food compartment temperature at 
39  2 [deg]F (3.9  1.1 [deg]C) and the 
freezer compartment as close to 0 [deg]F (-17.8 [deg]C) as possible.

For the purposes of comparing compartment temperatures with 
standardized temperatures, as described in sections 3.2.1 through 
3.2.3, the freezer compartment temperature shall be equal to a 
volume-weighted average of the temperatures of all applicable 
freezer compartments, and the fresh food compartment temperature 
shall be equal to a volume-weighted average of the temperatures of 
all applicable fresh food compartments. Applicable compartments for 
these calculations may include a first freezer compartment, a first 
fresh food compartment, and any number of separate auxiliary 
compartments.
    3.2.1 A first test shall be performed with all compartment 
temperature controls set at their median position midway between 
their warmest and coldest settings. For mechanical control systems, 
knob detents shall be mechanically defeated if necessary to attain a 
median setting. For electronic control systems, the test shall be 
performed with all compartment temperature controls set at the 
average of the coldest and warmest settings--if there is no setting 
equal to this average, the setting closest to the average shall be 
used. If there are two such settings equally close to the average, 
the higher of these temperature control settings shall be used. A 
second test shall be performed with all controls set at their 
warmest setting or all controls set at their coldest setting (not 
electrically or mechanically bypassed). For all-refrigerators, this 
setting shall be the appropriate setting that attempts to achieve 
compartment temperatures measured during the two tests which bound 
(i.e., one is above and one is below) the standardized temperature 
for all-refrigerators. For refrigerators and refrigerator-freezers, 
the second test shall be conducted with all controls at their 
coldest setting, unless all compartment temperatures measured during 
the first part of the test are lower than the standardized 
temperatures, in which case the second test shall be conducted with 
all controls at their warmest setting. Refer to Table 1 for all-
refrigerators or Table 2 for refrigerators with freezer compartments 
and refrigerator-freezers to determine if a third test is required, 
and which test results to use in the energy consumption calculation.

                                                  Table 1--Temperature Settings for All--Refrigerators
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      First test                                      Second test
------------------------------------------------------------------------------------------------     Third test          Energy calculation based on:
            Settings                    Results              Settings             Results             settings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid.............................  Low................  Warm...............  Low................  None..............  Second Test Only.
                                                                            High...............  None..............  First and Second Tests.
                                 -----------------------------------------------------------------------------------------------------------------------
                                  High...............  Cold...............  Low................  None..............  First and Second Tests.

[[Page 29860]]

 
                                                                            High...............  Warm..............  Second and Third Tests.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                           Table 2--Temperature Settings for Refrigerators With Freezer Compartments and Refrigerator-Freezers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      First test                                      Second test
------------------------------------------------------------------------------------------------     Third test          Energy calculation based on:
            Settings                    Results              Settings             Results             settings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fzr Mid.........................  Fzr Low............  Fzr Warm...........  Fzr Low............  None..............  Second Test Only.
FF Mid..........................  FF Low.............  FF Warm............  FF Low
                                                                            Fzr Low............  None..............  First and Second Tests.
                                                                            FF High
                                                                            Fzr High...........  None..............  First and Second Tests.
                                                                            FF Low
                                                                            Fzr High...........  None..............  First and Second Tests.
                                                                            FF High
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Fzr Low............  Fzr Cold...........  Fzr Low............  Fzr Warm..........  Second and Third Tests.
                                  FF High............  FF Cold............  FF High............  FF Warm
                                                                            Fzr Low............  None..............  First and Second Tests.
                                                                            FF Low
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Fzr High...........  Fzr Cold...........  Fzr High...........  Fzr Warm..........  Second and Third Tests.
                                  FF Low.............  FF Cold............  FF Low.............  FF Warm
                                                                            Fzr Low............  None..............  First and Second Tests.
                                                                            FF Low
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Fzr High...........  Fzr Cold...........  Fzr Low............  None..............  First and Second Tests.
                                  FF High............  FF Cold............  FF Low
                                                                            Fzr Low............  None..............  First and Second Tests.
                                                                            FF High
                                                                            Fzr High...........  Fzr Warm..........  Second and Third Tests.
                                                                            FF Low.............  FF Warm
                                                                            Fzr High...........  Fzr Warm..........  Second and Third Tests.
                                                                            FF High............  FF Warm
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Fzr = Freezer Compartment, FF = Fresh Food Compartment.

    3.2.2 Alternatively, a first test may be performed with all 
temperature controls set at their warmest setting. If all 
compartment temperatures are below the appropriate standardized 
temperatures, then the result of this test alone will be used to 
determine energy consumption. If the above conditions are not met, 
then the unit shall be tested in accordance with 3.2.1.
    3.2.3 Alternatively, a first test may be performed with all 
temperature controls set at their coldest setting. If (1) for all-
refrigerators the compartment temperature is above the appropriate 
standardized temperature, or (2) for refrigerators and refrigerator-
freezers the freezer compartment temperature is above the 
appropriate standardized temperature, a second test shall be 
performed with all controls set at their warmest control setting and 
the results of these two tests shall be used to determine energy 
consumption. If the above condition is not met, then the unit shall 
be tested in accordance with 3.2.1.

4. Test Period

    4.1 Test Period. Tests shall be performed by establishing the 
conditions set forth in section 2, and using control settings set 
forth in section 3.
    4.1.1 Nonautomatic Defrost. If the model being tested has no 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be no less than 3 
hours in duration. During the test period, the compressor motor 
shall complete two or more whole compressor cycles. (A compressor 
cycle is a complete ``on'' and a complete ``off'' period of the 
motor). If no ``off'' cycling will occur, as determined during the 
stabilization period, the test period shall be 3 hours. If 
incomplete cycling occurs (i.e. less than two compressor cycles 
during a 24-hour period), the results of the 24-hour period shall be 
used.
    4.1.2 Automatic Defrost. If the model being tested has an 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be from one point 
during a defrost period to the same point during the next defrost 
period. If the model being tested has a long-time automatic defrost 
system, the alternative provisions of 4.1.2.1 may be used. If the 
model being tested has a variable defrost control, the provisions of 
section 4.1.2.2 shall apply. If the model has a dual compressor 
system with automatic defrost for both systems, the provisions of 
4.1.2.3 shall apply. If the model being tested has long-time 
automatic or variable defrost control involving multiple defrost 
cycle types, such as for a system with a single compressor with two 
or more evaporators in which the evaporators are defrosted at 
different frequencies, the provisions of section 4.1.2.4 shall 
apply. If the model being tested has multiple defrost cycle types 
for which compressor run time between defrosts is a fixed time less 
than 14 hours for all such cycle types, and for which the compressor 
run time between defrosts for different defrost cycle types are 
equal to or multiples of each other, the test time period shall be 
from one point of the defrost cycle type with the longest compressor 
run time between defrosts to the same point during the next 
occurrence of this defrost cycle type. For such products, energy 
consumption shall be calculated as described in section 5.2.1.1.
    4.1.2.1 Long-time Automatic Defrost. If the model being tested 
has a long-time automatic defrost system, the two-part test 
described in this section may be used. The first part is the same as 
the test for a unit having no defrost provisions (section 4.1.1). 
The second part starts when the compressor turns off at the end of a 
period of steady-state cycling operation just before initiation of 
the defrost control sequence. If the compressor does not cycle 
during steady-state operation between defrosts, the second part 
starts at a

[[Page 29861]]

time when the compartment temperatures are within their ranges 
measured during steady state operation, or within 0.5 [deg]F of the 
average during steady state operation for a compartment with a 
temperature range during steady state operation no greater than 1 
[deg]F. This control sequence may include additional compressor 
operation prior to energizing the defrost heater. The second part 
terminates when the compressor turns on the second time after the 
defrost control sequence or 4 hours after the defrost heater is 
energized, whichever occurs first. See Figure 1.
BILLING CODE 6450-01-P
[GRAPHIC] [TIFF OMITTED] TP27MY10.000


[[Page 29862]]


[GRAPHIC] [TIFF OMITTED] TP27MY10.001

BILLING CODE 6450-01-C
    4.1.2.2 Variable Defrost Control. If the model being tested has 
a variable defrost control system, the test shall consist of the 
same two parts as the test for long-time automatic defrost (section 
4.1.2.1).
    4.1.2.3 Dual Compressor Systems with Automatic Defrost. If the 
model being tested has separate compressor systems for the 
refrigerator and freezer sections, each with its own automatic 
defrost system, then the two-part method in 4.1.2.1 shall be used. 
The second part of the method will be conducted separately for each 
automatic defrost system. The components (compressor, fan motors, 
defrost heaters, anti-sweat heaters, etc.) associated with each 
system will be identified and their energy consumption will be 
separately measured during each test.
    4.1.2.4 Systems with Multiple Defrost Frequencies. This section 
is applicable to models with long-time automatic or variable defrost 
control with multiple defrost cycle types, such as models with 
single compressors and multiple evaporators in which the evaporators 
have different defrost frequencies. The two-part method in 4.1.2.1 
shall be used. The second part of the method will be conducted 
separately for each distinct defrost cycle type.
    4.1.3 Variable Anti-Sweat Heater Test. The test shall be 
conducted three times with the test conditions at three different 
relative humidities as set forth in section 2 and the test control 
settings as set forth in section 3. For a product with an anti-sweat 
heater switch, the tests shall be conducted with the switch in the 
on position. Each of the three portions of the test shall be 
conducted in the same manner as for a unit having no automatic 
defrost (section 4.1.1). If during the time between one of the 
portions of the test and the next portion the ambient temperature 
conditions are maintained, the procedure for evaluating steady state 
(section 2.9) is not required for the second of these two portions 
of the test. However, in such a case, a control stabilization period 
of two hours is required after the ambient humidity conditions have 
reached the required range before start of the test.

5. Test Measurements

    5.1 Temperature Measurements. Temperature measurements shall be 
made at the locations prescribed in Figures 5.1 and 5.2 of HRF-1-
2008 (incorporated by reference; see Sec.  430.3) and shall be 
accurate to within  0.5 [deg]F (0.3 [deg]C). No freezer 
temperature measurements need be taken in an all-refrigerator model.
    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 7.1 and 7.2 of HRF-1-1979, the product may be 
tested by relocating the temperature sensors from the locations 
specified in the Figures by no more than 2 inches to avoid 
interference with hardware or components within the cabinet, in 
which case the specific locations used for the temperature sensors 
shall be noted in the test data records maintained by the 
manufacturer in accordance with 10 CFR 430.62(d). For those products 
equipped with a cabinet that does not conform with Figures 7.1 or 
7.2 and cannot be tested in the manner described above, the 
manufacturer must obtain a waiver under 10 CFR 430.27 to establish 
an acceptable test procedure for each such product.
    5.1.1 Measured Temperature. The measured temperature of a 
compartment is to be the average of all sensor temperature readings 
taken in that compartment at a particular point in time. 
Measurements shall be taken at regular intervals not to exceed 4 
minutes.
    5.1.2 Compartment Temperature. The compartment temperature for 
each test period shall be an average of the measured temperatures 
taken in a compartment during one or more complete compressor 
cycles. One compressor cycle is one complete motor ``on'' and one 
complete motor ``off'' period. For long-time automatic defrost 
models, compartment temperatures shall be those measured in the 
first part of the test period specified in section 4.1.2.1. For 
models equipped with variable defrost controls, compartment 
temperatures shall be those measured in the first part of the test 
period specified in section 4.1.2.2.
    5.1.2.1 The number of complete compressor cycles over which the 
measured temperatures in a compartment are to be averaged to 
determine compartment temperature shall be equal to the number of 
minutes between measured temperature readings, rounded up to the 
next whole minute or a number of complete compressor cycles over a 
time period exceeding 1 hour, whichever is greater. One of the 
compressor cycles shall be the last complete compressor cycle during 
the test period.
    5.1.2.2 If no compressor cycling occurs, the compartment 
temperature shall be the

[[Page 29863]]

average of the measured temperatures taken during the last 32 
minutes of the test period.
    5.1.2.3 If incomplete compressor cycling occurs, the compartment 
temperatures shall be the average of the measured temperatures taken 
during the last three hours of the last complete compressor ``on'' 
period.
    5.2 Energy Measurements.
    5.2.1 Per-Day Energy Consumption. The energy consumption in 
kilowatt-hours per day, ET, for each test period shall be the energy 
expended during the test period as specified in section 4.1 adjusted 
to a 24-hour period. The adjustment shall be determined as follows.
    5.2.1.1 Nonautomatic and Automatic Defrost Models. The energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:

ET = EP x 1440/T

Where:

ET = test cycle energy expended in kilowatt-hours per day;
EP = energy expended in kilowatt-hours during the test period;
T = length of time of the test period in minutes; and
1440 = conversion factor to adjust to a 24-hour period in minutes 
per day.

    5.2.1.2 Long-time Automatic Defrost. If the two-part test method 
is used, the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:

ET = (1440 x EP1/T1) + (EP2 - (EP1 x T2/T1)) x (12/CT)

Where:

ET and 1440 are defined in 5.2.1.1;
EP1 = energy expended in kilowatt-hours during the first part of the 
test;
EP2 = energy expended in kilowatt-hours during the second part of 
the test;
T1 and T2 = length of time in minutes of the first and second test 
parts respectively;
CT = defrost timer run time in hours required to cause it to go 
through a complete cycle, to the nearest tenth hour per cycle; and
12 = factor to adjust for a 50 percent run time of the compressor in 
hours per day.

    5.2.1.3 Variable Defrost Control. The energy consumption in 
kilowatt-hours per day shall be calculated equivalent to:

ET = (1440 x EP1/T1) + (EP2 - (EP1 x T2/T1)) x (12/CT),

Where:

1440 is defined in 5.2.1.1 and EP1, EP2, T1, T2, and 12 are defined 
in 5.2.1.2;
CT = (CTL x CTM)/(F x (CTM - 
CTL) + CTL);
CTL = least or shortest time between defrosts in hours 
rounded to the nearest tenth of an hour (greater than or equal to 6 
but less than or equal to 12 hours);
CTM = maximum time between defrost cycles in hours 
rounded to the nearest tenth of an hour (greater than CTL 
but not more than 96 hours);
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per-day energy consumption and 
is equal to 0.20; and
For variable defrost models with no values for CT L and 
CTM in the algorithm, the default values of 12 and 84 
shall be used, respectively.

    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.1.2.4 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:

ET = (1440 x EP1/T1) + (EP2F - (EPF x T2/T1)) x 
(12/CTF) + (EP2R - (EPR x T3/T1)) x 
(12/CTR)

Where:

1440, EP1, T1, EP2, 12, and CT are defined in 5.2.1.2;
EPF = freezer system energy in kilowatt-hours expended 
during the first part of the test;
EP2F = freezer system energy in kilowatt-hours expended 
during the second part of the test for the freezer system;
EPR= refrigerator system energy in kilowatt-hours 
expended during the first part of the test;
EP2R = refrigerator system energy in kilowatt-hours 
expended during the second part of the test for the refrigerator 
system;
T2 and T3 = length of time in minutes of the second test part for 
the freezer and refrigerator systems respectively;
CTF = compressor ``on'' time between freezer defrosts (in 
hours to the nearest tenth of an hour); and
CTR = compressor ``on'' time between refrigerator 
defrosts (in hours to the nearest tenth of an hour).

    5.2.1.5 Variable Anti-Sweat Heater Test. The energy consumption 
in kilowatt-hours per day for each of the portions of the test shall 
be calculated equivalent to:

ETXX = EPXX x 1440/TXX

Where:

1440 is defined in 5.2.1.1;
subscript XX = 25, 65, and 95, representing the three relative 
humidities for which the test is conducted;
ETXX = test cycle energy expended in kilowatt-hours per 
day;
EPXX = energy expended during the test period in 
kilowatt-hours; and
TXX = length of time of the test period in minutes.

    5.2.1.6 Long-time or Variable Defrost Control for Systems with 
Multiple Defrost cycle Types. The energy consumption in kilowatt-
hours per day shall be calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TP27MY10.004

Where:

1440 is defined in 5.2.1.1 and EP1, T1, and 12 are defined in 
5.2.1.2;
i is a variable that can equal 1, 2, or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
EP2i = energy expended in kilowatt-hours during the 
second part of the test for defrost cycle type i;
T2i = length of time in minutes of the second part of the 
test for defrost cycle type i;
CTi is the compressor run time between instances of 
defrost cycle type i, for long time automatic defrost control equal 
to a fixed time, and for variable defrost control equal to 
(CTLi x CTMi)/(F x (CTMi - 
CTLi) + CTLi);
CTLi = least or shortest time between instances of 
defrost cycle type i in hours rounded to the nearest tenth of an 
hour (greater than or equal to 6 but less than or equal to 12 
hours);
CTMi = maximum time between instances of defrost cycle 
type i in hours rounded to the nearest tenth of an hour (greater 
than CTLi but not more than 96 hours);
F = default defrost energy consumption factor, equal to 0.20.
For variable defrost models with no values for CT Li and 
CTMi in the algorithm, the default values of 12 and 84 
shall be used, respectively.
D is the total number of distinct defrost cycle types.

    5.3 Volume Measurements. The electric refrigerator or electric 
refrigerator-freezer total refrigerated volume, VT, shall be 
measured in accordance with HRF-1-2008, (incorporated by reference; 
see Sec.  430.3), section 3.30 and sections 4.2 through 4.3, and be 
calculated equivalent to:

VT = VF + VFF

Where:

VT = total refrigerated volume in cubic feet,
VF = freezer compartment volume in cubic feet, and
VFF = fresh food compartment volume in cubic feet.

In the case of refrigerators or refrigerator-freezers with automatic 
icemakers, the volume occupied by the automatic icemaker, including 
its ice storage bin, is to be included in the volume measurement.

    5.4 Externally Vented Refrigerator or Refrigerator-Freezer 
Units. All test measurements for the externally vented refrigerator 
or refrigerator-freezer shall be made in accordance with the 
requirements of other sections of this Appendix, except as modified 
in this section or other sections expressly applicable to externally 
vented refrigerators or refrigerator-freezers.
    5.4.1 Operability of ``Thermostatic'' and ``Mixing of Air'' 
Controls. Before conducting energy consumption tests, the 
operability of thermostatic controls that permit the mixing of 
exterior and ambient air when exterior air

[[Page 29864]]

temperatures are less than 60 [deg]F (15.6 [deg]C) must be verified. 
The operability of such controls shall be verified by operating the 
unit under ambient air temperature of 90 [deg]F (32.2 [deg]C) and 
exterior air temperature of 45 [deg]F (7.2 [deg]C). If the inlet air 
entering the condenser or condenser/compressor compartment is 
maintained at 60  3 [deg]F (15.6  1.7 
[deg]C), energy consumption of the unit shall be measured under 
5.4.2.2 and 5.4.2.3. If the inlet air entering the condenser or 
condenser/compressor compartment is not maintained at 60  3 [deg]F (15.6  1.7 [deg]C), energy consumption 
of the unit shall also be measured under 5.4.2.4.
    5.4.2 Energy Consumption Tests.
    5.4.2.1 Correction Factor Test. To enable calculation of a 
correction factor, K, two full cycle tests shall be conducted to 
measure energy consumption of the unit with air mixing controls 
disabled and the condenser inlet air temperatures set at 90 [deg]F 
(32.2 [deg]C) and 80 [deg]F (26.7 [deg]C). Both tests shall be 
conducted with all compartment temperature controls set at the 
position midway between their warmest and coldest settings and the 
anti-sweat heater switch off. Record the energy consumptions 
ec90 and ec80, in kWh/day.
    5.4.2.2 Energy Consumption at 90 [deg]F. The unit shall be 
tested at 90 [deg]F (32.2 [deg]C) exterior air temperature to record 
the energy consumptions (e90)i in kWh/day. For 
a given setting of the anti-sweat heater, the value i corresponds to 
each of the two states of the compartment temperature control 
positions.
    5.4.2.3 Energy Consumption at 60 [deg]F. The unit shall be 
tested at 60 [deg]F (26.7 [deg]C) exterior air temperature to record 
the energy consumptions (e60)i in kWh/day. For 
a given setting of the anti-sweat heater, the value i corresponds to 
each of the two states of the compartment temperature control 
positions.
    5.4.2.4 Energy Consumption if Mixing Controls do not Operate 
Properly. If the operability of temperature and mixing controls has 
not been verified as required under 5.4.1, the unit shall be tested 
at 50 [deg]F (10.0 [deg]C) and 30 [deg]F (-1.1 [deg]C) exterior air 
temperatures to record the energy consumptions 
(e50)i and (e30)i. For a 
given setting of the anti-sweat heater, the value i corresponds to 
each of the two states of the compartment temperature control 
positions.

6. Calculation of Derived Results From Test Measurements

    6.1 Adjusted Total Volume.
    6.1.1 Electric Refrigerators. The adjusted total volume, VA, for 
electric refrigerators under test shall be defined as:

VA = (VF x CR) + VFF

Where:

VA = adjusted total volume in cubic feet;
VF and VFF are defined in 5.3; and
CR = dimensionless adjustment factor of 1.47 for refrigerators other 
than all-refrigerators, or 1.0 for all-refrigerators.

    6.1.2 Electric Refrigerator-Freezers. The adjusted total volume, 
VA, for electric refrigerator-freezers under test shall be 
calculated as follows:

VA = (VF x CRF) + VFF

Where:

    VF and VFF are defined in 5.3 and VA is defined in 6.1.1, and
    CRF = dimensionless adjustment factor of 1.76.

    6.2 Average Per-Cycle Energy Consumption. For the purposes of 
calculating per-cycle energy consumption, as described in this 
section, freezer compartment temperature shall be equal to a volume-
weighted average of the temperatures of all applicable freezer 
compartments, and fresh food compartment temperature shall be equal 
to a volume-weighted average of the temperatures of all applicable 
fresh food compartments. Applicable compartments for these 
calculations may include a first freezer compartment, a first fresh 
food compartment, and any number of separate auxiliary compartments.
    6.2.1 All-Refrigerator Models. The average per-cycle energy 
consumption for a cycle type, E, is expressed in kilowatt-hours per 
cycle to the nearest one hundredth (0.01) kilowatt-hour and shall 
depend upon the temperature attainable in the fresh food compartment 
as shown below.
    6.2.1.1 If the fresh food compartment temperature is always 
below 39.0 [deg]F (3.9 [deg]C), the average per-cycle energy 
consumption shall be equivalent to:

    E = ET1

Where:

ET is defined in 5.2.1; and
number 1 indicates the test period during which the highest fresh 
food compartment temperature is measured.

    6.2.1.2 If one of the fresh food compartment temperatures 
measured for a test period is greater than 39.0 [deg]F (3.9 [deg]C), 
the average per-cycle energy consumption shall be equivalent to:

E = ET1 + ((ET2 - ET1) x (39.0 - TR1)/(TR2 - TR1))

Where:

ET is defined in 5.2.1;
TR = fresh food compartment temperature determined according to 
5.1.2 in degrees F; numbers 1 and 2 indicate measurements taken 
during the first and second test period as appropriate; and
39.0 = standardized fresh food compartment temperature in degrees F.

    6.2.2 Refrigerators and Refrigerator-Freezers. The average per-
cycle energy consumption for a cycle type, E, is expressed in 
kilowatt-hours per-cycle to the nearest one hundredth (0.01) 
kilowatt-hour and shall be defined in one of the following ways as 
applicable.
    6.2.2.1 If the fresh food compartment temperature is at or below 
39 [deg]F (3.9 [deg]C) in both tests and the freezer compartment 
temperature is at or below 15 [deg]F (-9.4 [deg]C) in both tests of 
a refrigerator or at or below 0 [deg]F (-17.8 [deg]C) in both tests 
of a refrigerator-freezer, the per-cycle energy consumption shall 
be:

E = ET1 + IET

Where:

ET is defined in 5.2.1;
IET, expressed in kilowatt-hours per cycle, equals 0.23 for a 
product with an automatic icemaker and otherwise equals 0 (zero); 
and
number 1 indicates the test period during which the highest freezer 
compartment temperature was measured.
    6.2.2.2 If the conditions of 6.2.2.1 do not exist, the per-cycle 
energy consumption shall be defined by the higher of the two values 
calculated by the following two formulas:

E = ET1 + ((ET2 - ET1) x (39.0 - TR1)/(TR2 - TR1)) + IET and
E = ET1 + ((ET2 - ET1) x (k - TF1)/(TF2 - TF1)) + IET

Where:

E is defined in 6.2.1.1;
ET is defined in 5.2.1;
IET is defined in 6.2.2.1;
TR and the numbers 1 and 2 are defined in 6.2.1.2;
TF = freezer compartment temperature determined according to 5.1.2 
in degrees F;
39.0 is a specified fresh food compartment temperature in degrees F; 
and
k is a constant 15.0 for refrigerators or 0.0 for refrigerator-
freezers, each being standardized freezer compartment temperatures 
in degrees F.

    6.2.3 Variable Anti-Sweat Heater Models. The energy consumption 
of an electric refrigerator-freezer having a variable anti-sweat 
heater control, EVASH, expressed in kilowatt-hours per 
day, shall be calculated equivalent to:

EVASH = E + (Correction Factor), where E is determined by 
6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2, whichever is appropriate, with 
the anti-sweat heater in its minimum energy state corresponding to low 
ambient humidity during the test.

Where:

Correction Factor
= 0.034 * (Energy Difference at 5% Relative Humidity (RH)),
+ 0.211 * (Energy Difference at 15% RH)
+ 0.204 * (Energy Difference at 25% RH)
+ 0.166 * (Energy Difference at 35% RH)
+ 0.126 * (Energy Difference at 45% RH)
+ 0.119 * (Energy Difference at 55% RH)
+ 0.069 * (Energy Difference at 65% RH)
+ 0.047 * (Energy Difference at 75% RH)
+ 0.008 * (Energy Difference at 85% RH)
+ 0.015 * (Energy Difference at 95% RH)

Where:

Energy Difference at 65% RH = ED65 - ET65-
ET25;
Energy Difference at 95% RH = ED95 - ET95-
ET25;
ET25, ET65, and ET95 are determined 
in accordance with section 5.2.1.6; and
Energy Difference EDRH at each other relative humidity RH 
is the greater of zero or the following:
EDRH = ED65 + (ED95-
ED65) x (DPRH-DP65)/
(DP95-DP65),
Where the dew points DPRH at each of the relative 
humidities RH in the equation are as follows:
DP5 = 5.06;
DP15 = 27.53;
DP25 = 38.75;

[[Page 29865]]

DP35 = 46.43;
DP45 = 52.32;
DP55 = 57.13;
DP65 = 61.20;
DP75 = 64.74;
DP85 = 67.87;
DP95 = 70.69.

    6.3 Externally vented refrigerator or refrigerator-freezers. 
Per-cycle energy consumption measurements for an externally vented 
refrigerator or refrigerator-freezer shall be calculated in 
accordance with the requirements of this Appendix, as modified in 
sections 6.3.1-6.3.7.
    6.3.1 Correction Factor. The correction factor, K, shall be 
calculated as:

K = ec90/ec80

Where:

ec90 and ec80 are measured in section 5.4.2.1.

    6.3.2 Combining Test Results of Different Settings of 
Compartment Temperature Controls. For a given setting of the anti-
sweat heater, follow the calculation procedures of 6.2 to combine 
the test results for energy consumption of the unit at different 
temperature control settings for each condenser inlet air 
temperature tested under 5.4.2.2, 5.4.2.3, and 5.4.2.4, where 
applicable, (e90)i, 
(e60)i, (e50)i, and 
(e30)i. The combined values, 
[egr]90, [egr]60, [egr]50, and 
[egr]30, where applicable, are expressed in kWh/day.
    6.3.3 Energy Consumption Corrections. For a given setting of the 
anti-sweat heater, adjust the energy consumptions 
[egr]90, [egr]60, [egr]50, and 
[egr]30 calculated in 6.3.2 by multiplying the correction 
factor K to obtain the corrected energy consumptions per day in kWh/
day:

E90 = K x [egr]90,
E60 = K x [egr]60,
E50 = K x [egr]50, and
E30 = K x [egr]30

Where:

K is determined under section 6.3.1; and [egr]90, 
[egr]60, [egr]50, and [egr]30 are 
determined under section 6.3.2.

    6.3.4 Energy Profile Equation. For a given setting of the anti-
sweat heater, calculate the energy consumption EX, in 
kWh/day, at a specific exterior air temperature between 80 [deg]F 
(26.7 [deg]C) and 60 [deg]F (15.6 [deg]C) using the following 
equation:

EX = E60 + (E90 - E60) x 
(TX - 60)/30

Where:

TX is the exterior air temperature in [deg]F;
60 is the exterior air temperature for the test of section 6.4.2.3;
30 is the difference between 90 and 60;
E60 and E90 are determined in section 6.3.3.
    6.3.5 Energy Consumption at 80 [deg]F (26.7 [deg]C), 75 [deg]F 
(23.9 [deg]C) and 65 [deg]F (18.3 [deg]C). For a given setting of 
the anti-sweat heater, calculate the energy consumptions at 80 
[deg]F (26.7 [deg]C), 75 [deg]F (23.9 [deg]C) and 65 [deg]F (18.3 
[deg]C) exterior air temperatures, E80, E75 
and E65, respectively, in kWh/day, using the equation in 
6.3.4.

    6.3.6 National Average Per-Cycle Energy Consumption. For a given 
setting of the anti-sweat heater, calculate the national average 
energy consumption, EN, in kWh/day, using one of the 
following equations:

EN = 0.523 x E60 + 0.165 x E65 + 0.181 
x E75 + 0.131 x E80, for units not tested under 
section 5.4.2.4; and
EN = 0.257 x E30 + 0.266 x E50 + 0.165 
x E65 + 0.181 x E75 + 0.131 x E80, for 
units tested under section 5.4.2.4

Where:

E30, E50, and E60 are defined in 
6.3.3;
E65, E75, and E80 are defined in 
6.3.5; and
the coefficients 0.523, 0.165, 0.181, 0.131, 0.257 and 0.266 are 
weather-associated weighting factors.

    6.3.7 Regional Average Per-Cycle Energy Consumption. If regional 
average per-cycle energy consumption is required to be calculated 
for a given setting of the anti-sweat heater, calculate the regional 
average per-cycle energy consumption, ER, in kWh/day, for 
the regions in Figure 2. Use one of the following equations and the 
coefficients in Table A:

ER = a1 x E60 + c x E65 + d 
x E75 + e x E80, for a unit that is not required 
to be tested under section 5.4.2.4; or
ER = a x E30 + b x E50 + c x 
E65 + d x E75 + e x E80, for a unit 
tested under section 5.4.2.4

Where:

E30, E50, and E60 are defined in 
section 6.3.3;
E65, E75, and E80 are defined in 
section 6.3.5; and
a1, a, b, c, d, and e are weather-associated weighting 
factors for the regions, as specified in Table A.

                                   Table A--Coefficients for Calculating Regional Average per-Cycle Energy Consumption
                                                                   [Weighting factors]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Regions                           a1                 a                 b                 c                 d                 e
--------------------------------------------------------------------------------------------------------------------------------------------------------
I...........................................             0.282             0.039             0.244             0.194             0.326             0.198
II..........................................             0.486             0.194             0.293             0.191             0.193             0.129
III.........................................             0.584             0.302             0.282             0.178             0.159             0.079
IV..........................................             0.664             0.420             0.244             0.161             0.121             0.055
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 29866]]

[GRAPHIC] [TIFF OMITTED] TP27MY10.006

7. Test Procedure Waivers

    To the extent that the procedures contained in this appendix do 
not provide a means for determining the energy consumption of a 
refrigerator or refrigerator-freezer, a manufacturer must obtain a 
waiver under 10 CFR 430.27 to establish an acceptable test procedure 
for each such product. Such instances could, for example, include 
situations where the test set-up for a particular refrigerator or 
refrigerator-freezer basic model is not clearly defined by the 
provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.

    6. Appendix A1 to subpart B of part 430 is amended by:
    a. Adding an introductory note after the appendix heading;
    b. Revising section 1. Definitions;
    c. In section 2. Test Conditions, by:
    1. Redesignating sections 2.3, 2.4, 2.5, 2.6, 2.6.1, 2.6.2 and 
2.6.3 as 2.4, 2.5, 2.9, 2.10, 2.10.1, 2.10.2 and 2.10.3;
    2. Revising sections 2.1, 2.2 and redesignated section 2.4;
    3. Adding new sections 2.3, and 2.6 through 2.8;
    d. In section 3. Test Control Settings, by:
    1. Revising sections 3.2 and 3.2.1;
    2. Removing section 3.3;
    e. In section 4. Test Period, by:
    1. Revising sections 4.1.1, 4.1.2, 4.1.2.1, and 4.1.2.2;
    2. Removing section 4.1.2.3;
    3. Redesignating section 4.1.2.4 as 4.1.2.3 and revising 
redesignated 4.1.2.3;
    2. Revising Figure 1 to section 4;
    3. Adding new sections 4.1.2.4 and 4.1.3;
    f. In section 5. Test Measurements, by:
    1. Revising existing sections 5.1, 5.1.2, 5.1.2.1, 5.1.2.2, 
5.1.2.3, and 5.2.1.3;
    2. Removing section 5.2.1.4;
    3. Redesignating section 5.2.1.5 as 5.2.1.4 and revising 
redesignated 5.2.1.4;
    2. Adding new sections 5.2.1.5 and 5.2.1.6;
    g. In section 6. Calculation of Derived Results from Test 
Measurements, by:
    1. Revising Section 6.2;
    2. Adding new section 6.2.3;
    3. Redesignating Figure 1 in section 6 as Figure 2.
    h. Adding a new section 7, Test Procedure Waivers.
    The additions and revisions read as follows:

Appendix A1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Electric Refrigerators and Electric 
Refrigerator-Freezers

    The provisions of Appendix A1 shall apply to all products 
manufactured prior to the effective date of any amended standards 
promulgated by DOE pursuant to Section 325(b)(4) of the Energy 
Policy and Conservation Act of 1975, as amended by the Energy 
Independence and Security Act of 2007 (to be codified at 42 U.S.C. 
6295(b)(4)).

1. Definitions

    Section 3, Definitions, of HRF-1-1979 (incorporated by 
reference; see Sec.  430.3) is applicable to this test procedure.
    1.1 ``Adjusted total volume'' means the sum of (i) the fresh 
food compartment volume as defined in HRF-1-1979 in cubic feet, and 
(ii) the product of an adjustment factor and the net freezer 
compartment volume as defined in HRF-1-1979, in cubic feet.
    1.2 ``All-refrigerator'' means an electric refrigerator which 
does not include a compartment for the freezing and long time

[[Page 29867]]

storage of food at temperatures below 32 [deg]F. (0.0 [deg]C.). It 
may include a compartment of 0.50 cubic feet capacity (14.2 liters) 
or less for the freezing and storage of ice.
    1.3 ``Anti-sweat heater'' means a device incorporated into the 
design of a refrigerator or refrigerator-freezer to prevent the 
accumulation of moisture on exterior or interior surfaces of the 
cabinet.
    1.4 ``Anti-sweat heater switch'' means a user-controllable 
switch or user interface which modifies the activation or control of 
anti-sweat heaters.
    1.5 ``Automatic defrost'' means a system in which the defrost 
cycle is automatically initiated and terminated, with resumption of 
normal refrigeration at the conclusion of the defrost operation. The 
system automatically prevents the permanent formation of frost on 
all refrigerated surfaces. Nominal refrigerated food temperatures 
are maintained during the operation of the automatic defrost system.
    1.6 ``Automatic icemaker'' means a device that can be supplied 
with water without user intervention, either from a pressurized 
water supply system or by transfer from a water reservoir located 
inside the cabinet, that automatically produces, harvests, and 
stores ice in a storage bin, with means to automatically interrupt 
the harvesting operation when the ice storage bin is filled to a 
pre-determined level.
    1.7 ``Cycle'' means the period of 24 hours for which the energy 
use of an electric refrigerator or electric refrigerator-freezer is 
calculated as though the consumer activated compartment temperature 
controls were set so that the standardized temperatures (see section 
3.2) were maintained.
    1.8 ``Cycle type'' means the set of test conditions having the 
calculated effect of operating an electric refrigerator or electric 
refrigerator-freezer for a period of 24 hours, with the consumer 
activated controls other than those that control compartment 
temperatures set to establish various operating characteristics.
    1.9 ``Defrost cycle type'' means a distinct sequence of control 
whose function is to remove frost and/or ice from a refrigerated 
surface. There may be variations in the sequence of control for 
defrost such as the number of defrost heaters energized. Each such 
variation establishes a separate distinct defrost cycle type.
    1.10 ``Externally vented refrigerator or refrigerator-freezer'' 
means an electric refrigerator or electric refrigerator-freezer 
that: has an enclosed condenser or an enclosed condenser/compressor 
compartment and a set of air ducts for transferring the exterior air 
from outside the building envelope into, through and out of the 
refrigerator or refrigerator-freezer cabinet; is capable of mixing 
exterior air with the room air before discharging into, through, and 
out of the condenser or condenser/compressor compartment; includes 
thermostatically controlled dampers or controls that enable the 
mixing of the exterior and room air at low outdoor temperatures, and 
the exclusion of exterior air when the outdoor air temperature is 
above 80 [deg]F or the room air temperature; and may have a 
thermostatically actuated exterior air fan.
    1.11 ``HRF-1-1979'' means the Association of Home Appliance 
Manufacturers standard for household refrigerators, combination 
refrigerator-freezers, and household freezers, also approved as an 
American National Standard as a revision of ANSI B 38.1-1970. Only 
sections of HRF-1-1979 (incorporated by reference; see Sec.  430.3) 
specifically referenced in this test procedure are part of this test 
procedure. In cases where there is a conflict, the language of the 
test procedure in this appendix takes precedence over HRF-1-1979.
    1.12 ``Long-time Automatic Defrost'' means an automatic defrost 
system where successive defrost cycles are separated by 14 hours or 
more of compressor-operating time.
    1.13 ``Separate auxiliary compartment'' means a freezer 
compartment or a fresh food compartment of a refrigerator or 
refrigerator-freezer having more than two compartments that is not 
the first freezer compartment or the first fresh food compartment. 
Access to a separate auxiliary compartment is through a separate 
exterior door or doors rather than through the door or doors of 
another compartment. Separate auxiliary compartments may be 
convertible (e.g., from fresh food to freezer).
    1.14 ``Stabilization Period'' means the total period of time 
during which steady-state conditions are being attained or 
evaluated.
    1.15 ``Standard cycle'' means the cycle type in which the anti-
sweat heater control, when provided, is set in the highest energy 
consuming position.
    1.16 ``Variable anti-sweat heater control'' means an anti-sweat 
heater control that varies the average power input of the anti-sweat 
heater(s) based on operating condition variable(s) and/or ambient 
condition variable(s).
    1.17 ``Variable defrost control'' means a long-time automatic 
defrost system (except the 14-hour defrost qualification does not 
apply) where successive defrost cycles are determined by an 
operating condition variable or variables other than solely 
compressor operating time. This includes any electrical or 
mechanical device. Demand defrost is a type of variable defrost 
control.

2. Test Conditions

    2.1 Ambient Temperature and Humidity. The ambient temperature 
shall be 90.0  1 [deg]F (32.2  0.6 [deg]C) 
during the stabilization period and the test period. If the product 
being tested has variable anti-sweat heater control, the ambient 
relative humidity shall be no more than 35%. For the variable anti-
sweat heater test described in section 4.1.3, the ambient 
temperature shall be 72  1 [deg]F (22.2  0.6 
[deg]C) dry bulb and the relative humidities for the three portions 
of the test shall be 25  10%, 65  2%, and 95 
 2%.
    2.2 Operational Conditions. The electric refrigerator or 
electric refrigerator-freezer shall be installed and its operating 
conditions maintained in accordance with HRF-1-1979, (incorporated 
by reference; see Sec.  430.3), section 7.2 through section 7.4.3.3, 
except that the vertical ambient temperature gradient at locations 
10 inches (25.4 cm) out from the centers of the two sides of the 
unit being tested is to be maintained during the test. Unless the 
area is obstructed by shields or baffles, the gradient is to be 
maintained from 2 inches (5.1 cm) above the floor or supporting 
platform to a height 1 foot (30.5 cm) above the unit under test. 
Defrost controls are to be operative. Other exceptions and 
provisions to the cited sections of HRF-1-1979 are noted in sections 
2.3 through 2.8, and 5.1 below.
    2.3 Anti-Sweat Heaters.
    (a) User-Controllable Anti-Sweat Heaters. The anti-sweat heater 
switch is to be on during one test and off during a second test.
    (b) Variable Anti-Sweat Heaters. In the case of an electric 
refrigerator-freezer equipped with variable anti-sweat heater 
control, the test shall be conducted with the anti-sweat heater 
controls activated to allow the anti-sweat heater to be energized 
but operating in their minimum energy state corresponding to 
operation in low humidity conditions, as a result of testing 
conducted using an ambient relative humidity level as specified in 
section 2.1. If the product has an anti-sweat heater switch, it 
shall be switched on. The variable anti-sweat heater test (described 
in section 4.1.3) shall be conducted to determine the energy 
consumption of the anti-sweat heater in higher humidity conditions. 
The standard cycle energy consumption shall be determined using the 
equation described in section 6.2.3.
    2.4 Conditions for Automatic Defrost Refrigerator-Freezers. For 
automatic defrost refrigerator-freezers, the freezer compartments 
shall not be loaded with any frozen food packages during testing. 
Cylindrical metallic masses of dimensions 1.12  0.25 
inches (2.9  0.6 cm) in diameter and height shall be 
attached in good thermal contact with each temperature sensor within 
the refrigerated compartments. All temperature measuring sensor 
masses shall be supported by low-thermal-conductivity supports in 
such a manner to ensure that there will be at least 1 inch (2.5 cm) 
of air space separating the thermal mass from contact with any 
interior surface or hardware inside the cabinet. In case of 
interference with hardware at the sensor locations specified in 
section 5.1, the sensors shall be placed at the nearest adjacent 
location such that there will be a 1-inch air space separating the 
sensor mass from the hardware.
* * * * *
    2.6 The cabinet and its refrigerating mechanism shall be 
assembled and set up in accordance with the printed consumer 
instructions supplied with the cabinet. Set-up of the refrigerator 
or refrigerator-freezer shall not deviate from these instructions, 
unless explicitly required or allowed by this test procedure. 
Specific required or allowed deviations from such set-up include the 
following:
    (a) Connection of water lines and installation of water filters 
are not required;
    (b) Clearance requirements from surfaces of the product shall be 
as described in section 2.8 below;
    (c) The electric power supply shall be as described in HRF-1-
1979 (incorporated by reference; see Sec.  430.3) section 7.4.1;
    (d) Temperature control settings for testing shall be as 
described in section 3 below. Settings for convertible compartments 
and other temperature-controllable or special

[[Page 29868]]

compartments shall be as described in section 2.7 below; and
    (e) The product does not need to be anchored or otherwise 
secured to prevent tipping during energy testing.

For cases in which set-up is not clearly defined by this test 
procedure, manufacturers must submit a petition for a waiver (see 
section 7).

    2.7 Compartments that are convertible (e.g., from fresh food to 
freezer) shall be operated in the highest energy use position. For 
the special case of convertible separate auxiliary compartments, 
this means that the compartment shall be treated as a freezer 
compartment or a fresh food compartment, depending on which of these 
represents higher energy use. Other compartments with separate 
temperature control (such as crispers convertible to meat keepers), 
with the exception of butter conditioners, shall also be tested with 
controls set in the highest energy use position.
    2.8 The space between the back of the cabinet and the test room 
wall or simulated wall shall be the minimum distance in accordance 
with the manufacturer's instructions. If the instructions do not 
specify a minimum distance, the cabinet shall be located such that 
the rear of the cabinet touches the test room wall or simulated 
wall. The test room wall facing the rear of the cabinet or the 
simulated wall shall be flat within \1/4\ inch, and vertical to 
within 1 degree. The cabinet shall be leveled to within 1 degree of 
true level, and positioned with its rear wall parallel to the test 
chamber wall or simulated wall immediately behind the cabinet. Any 
simulated wall shall be solid and shall extend vertically from the 
floor to above the height of the cabinet and horizontally beyond 
both sides of the cabinet.
* * * * *

3. Test Control Settings

* * * * *
    3.2 Model with User Operable Temperature Control. Testing shall 
be performed in accordance with one of the following sections using 
the standardized temperatures of:
    All-Refrigerator: 38 [deg]F (3.3 [deg]C) fresh food compartment 
temperature;
    Refrigerator: 15 [deg]F (-9.4 [deg]C) freezer compartment 
temperature;
    Refrigerator-Freezer: 5 [deg]F (-15 [deg]C) freezer compartment 
temperature; and
    Variable Anti-Sweat Heater Model (Temperatures for the variable 
anti-sweat heater test of section 4.1.3): 5 [deg]F (-15 [deg]C) 
freezer compartment temperature and 38  2 [deg]F (3.3 
 1.1 [deg]F) fresh food compartment temperature during 
steady-state conditions with no door-openings. If both settings 
cannot be obtained, then test with the fresh food compartment 
temperature at 38  2 [deg]F (3.3  1.1 
[deg]C) and the freezer compartment as close to 5 [deg]F (-15 
[deg]C) as possible.
    For the purposes of comparing compartment temperatures with 
standardized temperatures, as described in sections 3.2.1 through 
3.2.3, the freezer compartment temperature shall be equal to a 
volume-weighted average of the temperatures of all applicable 
freezer compartments, and the fresh food compartment temperature 
shall be equal to a volume-weighted average of the temperatures of 
all applicable fresh food compartments. Applicable compartments for 
these calculations may include a first freezer compartment, a first 
fresh food compartment, and any number of separate auxiliary 
compartments.
    3.2.1 A first test shall be performed with all compartment 
temperature controls set at their median position midway between 
their warmest and coldest settings. For mechanical control systems, 
knob detents shall be mechanically defeated if necessary to attain a 
median setting. For electronic control systems, the test shall be 
performed with all compartment temperature controls set at the 
average of the coldest and warmest settings--if there is no setting 
equal to this average, the setting closest to the average shall be 
used. If there are two such settings equally close to the average, 
the higher of these temperature control settings shall be used. If 
the compartment temperature measured during the first test is higher 
than the standardized temperature, the second test shall be 
conducted with the controls set at the coldest settings. If the 
compartment temperature measured during the first test is lower than 
the standardized temperature, the second test shall be conducted 
with the controls set at the warmest settings. If the compartment 
temperatures measured during these two tests bound the standardized 
temperature for the product being tested, then these test results 
shall be used to determine energy consumption. If the compartment 
temperature measured with all controls set at their coldest setting 
is above the standardized temperature, a third test shall be 
performed with all controls set at their warmest setting and the 
result of this test shall be used with the result of the test 
performed with all controls set at their coldest setting to 
determine energy consumption. If the compartment temperature 
measured with all controls set at their warmest setting is below the 
standardized temperature; and the fresh food compartment temperature 
is below 45 [deg]F (7.22 [deg]C) in the case of a refrigerator or a 
refrigerator-freezer, excluding an all-refrigerator, then the result 
of this test alone will be used to determine energy consumption.
* * * * *

4. Test Period

* * * * *
    4.1.1 Nonautomatic Defrost. If the model being tested has no 
automatic defrost system, the test time period shall start after 
steady state conditions have been achieved, and be of not less than 
three hours in duration. During the test period the compressor motor 
shall complete two or more whole compressor cycles (a compressor 
cycle is a complete ``on'' and a complete ``off'' period of the 
motor). If no ``off'' cycling will occur, as determined during the 
stabilization period, the test period shall be 3 hours. If 
incomplete cycling occurs (less than two compressor cycles during a 
24-hour period), the results of the 24-hour period shall be used.
    4.1.2 Automatic Defrost. If the model being tested has an 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be from one point 
during a defrost period to the same point during the next defrost 
period. If the model being tested has a long-time automatic defrost 
system, the alternative provisions of 4.1.2.1 may be used. If the 
model being tested has a variable defrost control, the provisions of 
section 4.1.2.2 shall apply. If the model has a dual compressor 
system with automatic defrost for both systems, the provisions of 
4.1.2.3 shall apply. If the model being tested has long-time 
automatic or variable defrost control involving multiple defrost 
cycle types, such as for a system with a single compressor with two 
or more evaporators in which the evaporators are defrosted at 
different frequencies, the provisions of section 4.1.2.4 shall 
apply. If the model being tested has multiple defrost cycle types 
for which compressor run time between defrosts is a fixed time less 
than 14 hours for all such cycle types, and for which the compressor 
run time between defrosts for different defrost cycle types are 
equal to or multiples of each other, the test time period shall be 
from one point of the defrost cycle type with the longest compressor 
run time between defrosts to the same point during the next 
occurrence of this defrost cycle type. For such products, energy 
consumption shall be calculated as described in section 5.2.1.1.
    4.1.2.1 Long-time Automatic Defrost. If the model being tested 
has a long-time automatic defrost system, the two-part test 
described in this section may be used. The first part is the same as 
the test for a unit having no defrost provisions (section 4.1.1). 
The second part starts when the compressor turns off at the end of a 
period of steady-state cycling operation just before initiation of 
the defrost control sequence. If the compressor does not cycle 
during steady-state operation between defrosts, the second part 
starts at a time when the compartment temperatures are within their 
ranges measured during steady state operation, or within 0.5 [deg]F 
of the average during steady state operation for a compartment with 
a temperature range during steady state operation no greater than 1 
[deg]F. This control sequence may include additional compressor 
operation prior to energizing the defrost heater. The second part 
terminates when the compressor turns on the second time after the 
defrost control sequence or 4 hours after the defrost heater is 
energized, whichever occurs first. See Figure 1.
BILLING CODE 6450-01-P

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BILLING CODE 6450-01-C

[[Page 29870]]

    4.1.2.2 Variable Defrost Control. If the model being tested has 
a variable defrost control system, the test shall consist of the 
same two parts as the test for long-time automatic defrost (section 
4.1.2.1).
    4.1.2.3 Dual Compressor Systems with Automatic Defrost. If the 
model being tested has separate compressor systems for the 
refrigerator and freezer sections, each with its own automatic 
defrost system, then the two-part method in 4.1.2.1 shall be used. 
The second part of the method will be conducted separately for each 
automatic defrost system. The components (compressor, fan motors, 
defrost heaters, anti-sweat heaters, etc.) associated with each 
system will be identified and their energy consumption will be 
separately measured during each test.
    4.1.2.4 Systems with Multiple Defrost Frequencies. This section 
is applicable to models with long-time automatic or variable defrost 
control with multiple defrost cycle types, such as models with 
single compressors and multiple evaporators in which the evaporators 
have different defrost frequencies. The two-part method in 4.1.2.1 
shall be used. The second part of the method will be conducted 
separately for each distinct defrost cycle type.
    4.1.3 Variable Anti-Sweat Heater Test. The test shall be 
conducted three times with the test conditions at three different 
relative humidities as set forth in section 2 and the test control 
settings as set forth in section 3. For a product with an anti-sweat 
heater switch, the tests shall be conducted with the switch in the 
on position. Each of the three portions of the test shall be 
conducted in the same manner as for a unit having no automatic 
defrost (section 4.1.1). If during the time between one of the 
portions of the test and the next portion the ambient temperature 
conditions are maintained, the procedure for evaluating steady state 
(section 2.9) is not required for the second of these two portions 
of the test. However, in such a case, a control stabilization period 
of two hours is required after the ambient humidity conditions have 
reached the required range before start of the test.

5. Test Measurements

    5.1 Temperature Measurements. Temperature measurements shall be 
made at the locations prescribed in Figures 7.1 and 7.2 of HRF-1-
1979 (incorporated by reference; see Sec.  430.3) and shall be 
accurate to within 0.5 [deg]F (0.3 [deg]C). No freezer 
temperature measurements need be taken in an all-refrigerator model.
    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 7.1 and 7.2 of HRF-1-1979, the product may be 
tested by relocating the temperature sensors from the locations 
specified in the Figures by no more than 2 inches to avoid 
interference with hardware or components within the cabinet, in 
which case the specific locations used for the temperature sensors 
shall be noted in the test data records maintained by the 
manufacturer in accordance with 10 CFR 430.62(d). For those products 
equipped with a cabinet that does not conform with Figures 7.1 or 
7.2 and cannot be tested in the manner described above, the 
manufacturer must obtain a waiver under 10 CFR 430.27 to establish 
an acceptable test procedure for each such product.
* * * * *
    5.1.2 Compartment Temperature. The compartment temperature for 
each test period shall be an average of the measured temperatures 
taken in a compartment during one or more complete compressor 
cycles. One compressor cycle is one complete motor ``on'' and one 
complete motor ``off'' period. For long-time automatic defrost 
models, compartment temperatures shall be those measured in the 
first part of the test period specified in section 4.1.2.1. For 
models equipped with variable defrost controls, compartment 
temperatures shall be those measured in the first part of the test 
period specified in section 4.1.2.2.
    5.1.2.1 The number of complete compressor cycles over which the 
measured temperatures in a compartment are to be averaged to 
determine compartment temperature shall be equal to the number of 
minutes between measured temperature readings, rounded up to the 
next whole minute or a number of complete compressor cycles over a 
time period exceeding 1 hour, whichever is greater. One of the 
compressor cycles shall be the last complete compressor cycle during 
the test period.
    5.1.2.2 If no compressor cycling occurs, the compartment 
temperature shall be the average of the measured temperatures taken 
during the last 32 minutes of the test period.
    5.1.2.3 If incomplete compressor cycling occurs, the compartment 
temperatures shall be the average of the measured temperatures taken 
during the last three hours of the last complete compressor ``on'' 
period.
* * * * *
    5.2.1.3 Variable Defrost Control. The energy consumption in 
kilowatt-hours per day shall be calculated equivalent to:

ET = (1440 x EP1/T1) + (EP2 - (EP1 x T2/T1)) x (12/CT),

Where:

1440 is defined in 5.2.1.1 and EP1, EP2, T1, T2, and 12 are defined 
in 5.2.1.2;
CT = (CTL x CTM)/(F x (CTM - 
CTL) + CTL);
CTL = least or shortest time between defrosts in hours 
rounded to the nearest tenth of an hour (greater than or equal to 6 
but less than or equal to 12 hours);
CTM = maximum time between defrost cycles in hours 
rounded to the nearest tenth of an hour (greater than CTL 
but not more than 96 hours);
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per-day energy consumption and 
is equal to 0.20;
For variable defrost models with no values for CT L and 
CTM in the algorithm, the default values of 12 and 84 
shall be used, respectively.

* * * * *
    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.1.2.4 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:

ET = (1440 x EP1/T1) + (EP2F - (EPF x T2/T1)) x 
(12/CTF)
+ (EP2R - (EPR x T3/T1)) x (12/CTR)

Where:

1440, EP1, T1, EP2, 12, and CT are defined in 5.2.1.2;
EPF = freezer system energy in kilowatt-hours expended 
during the first part of the test;
EP2F = freezer system energy in kilowatt-hours expended 
during the second part of the test for the freezer system;
EPR= refrigerator system energy in kilowatt-hours 
expended during the first part of the test;
EP2R = refrigerator system energy in kilowatt-hours 
expended during the second part of the test for the refrigerator 
system;
T2 and T3 = length of time in minutes of the second test part for 
the freezer and refrigerator systems respectively;
CTF = compressor ``on'' time between freezer defrosts (in 
hours to the nearest tenth of an hour); and
CTR = compressor ``on'' time between refrigerator 
defrosts (in hours to the nearest tenth of an hour).

* * * * *
    5.2.1.5 Variable Anti-Sweat Heater Test. The energy consumption 
in kilowatt-hours per day for each portion of the test shall be 
calculated equivalent to:

ETXX = EPXX x 1440/TXX

Where:

1440 is defined in 5.2.1.1;
subscript XX = 25, 65, and 95, representing the three relative 
humidities for which the test is conducted;
ETXX = test cycle energy expended in kilowatt-hours per day;
EPXX = energy expended during the test period in kilowatt-
hours;
TXX = length of time of the test period in minutes.
    5.2.1.6 Long-time or Variable Defrost Control for Systems with 
Multiple Defrost cycle Types. The energy consumption in kilowatt-hours 
per day shall be calculated equivalent to
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[[Page 29871]]


Where:

1440 is defined in 5.2.1.1 and EP1 and T1 are defined in 5.2.1.2;
i is a variable that can equal 1, 2, or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
EP2i = energy expended in kilowatt-hours during the 
second part of the test for defrost cycle type i;
T2i = length of time in minutes of the second part of the 
test for defrost cycle type i;
CTi is the compressor run time between instances of 
defrost cycle type i, for long time automatic defrost control equal 
to a fixed time, and for variable defrost control equal to 
(CTLi x CTMi)/(F x (CTMi - 
CTLi) + CTLi);
CTLi = least or shortest time between instances of 
defrost cycle type i in hours rounded to the nearest tenth of an 
hour (greater than or equal to 6 but less than or equal to 12 
hours);
CTMi = maximum time between instances of defrost cycle 
type i in hours rounded to the nearest tenth of an hour (greater 
than CTLi but not more than 96 hours);
F = default defrost energy consumption factor, equal to 0.20 in lieu 
of testing to find CTi;
For variable defrost models with no values for CT Li and 
CTMi in the algorithm, the default values of 12 and 84 
shall be used, respectively.
D is the total number of distinct defrost cycle types.
* * * * *

6. Calculation of Derived Results From Test Measurements

* * * * *
    6.2 Average Per-Cycle Energy consumption.
    For the purposes of calculating per-cycle energy consumption, as 
described in this section, the freezer compartment temperature shall 
be equal to a volume-weighted average of the temperatures of all 
applicable freezer compartments, and the fresh food compartment 
temperature shall be equal to a volume-weighted average of the 
temperatures of all applicable fresh food compartments. Applicable 
compartments for these calculations may include a first freezer 
compartment, a first fresh food compartment, and any number of 
separate auxiliary compartments.
* * * * *
    6.2.3 Variable Anti-Sweat Heater Models. The energy consumption 
of an electric refrigerator-freezer having a variable anti-sweat 
heater control, EVASH, expressed in kilowatt-hours per 
day, shall be calculated equivalent to:

EVASH = E + (Correction Factor), where E is determined by 
6.2.1.1, 6.2.1.2, 6.2.2.1, or 6.2.2.2, whichever is appropriate, 
with the anti-sweat heater in its minimum energy state corresponding 
to low ambient humidity during the test.

Where Correction Factor:

= 0.034 * (Energy Difference at 5% Relative Humidity (RH)),
+ 0.211 * (Energy Difference at 15% RH)
+ 0.204 * (Energy Difference at 25% RH)
+ 0.166 * (Energy Difference at 35% RH)
+ 0.126 * (Energy Difference at 45% RH)
+ 0.119 * (Energy Difference at 55% RH)
+ 0.069 * (Energy Difference at 65% RH)
+ 0.047 * (Energy Difference at 75% RH)
+ 0.008 * (Energy Difference at 85% RH)
+ 0.015 * (Energy Difference at 95% RH)

Where:

Energy Difference at 65% RH = ED65 = ET65 - 
ET25;
Energy Difference at 95% RH = ED95 = ET95 - 
ET25;
ET25, ET65, and ET95 are determined 
in accordance with section 5.2.1.6; and
Energy Difference DERH at each other relative humidity RH 
is the greater of zero or the following:
EDRH = ED65 + (ED95 -ED 
65) x (DPRH - DP65)/
(DP95 - DP65),

Where the dew points DPRH at each of the relative 
humidities RH in the equation are as follows:
DP5 = 5.06
DP15 = 27.53;
DP25 = 38.75;
DP35 = 46.43;
DP45 = 52.32;
DP55 = 57.13;
DP65 = 61.20;
DP75 = 64.74;
DP85 = 67.87;
DP95 = 70.69.
* * * * *

7. Test Procedure Waivers

    To the extent that the procedures contained in this appendix do 
not provide a means for determining the energy consumption of a 
refrigerator or refrigerator-freezer, a manufacturer must obtain a 
waiver under 10 CFR 430.27 to establish an acceptable test procedure 
for each such product. Such instances could, for example, include 
situations where the test set-up for a particular refrigerator or 
refrigerator-freezer basic model is not clearly defined by the 
provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.

    7. Add a new Appendix B to subpart B of part 430 to read as 
follows:

Appendix B to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Freezers

    The provisions of Appendix B shall apply to all products 
manufactured on or after the effective date of any amended standards 
promulgated by DOE pursuant to Section 325(b)(4) of the Energy 
Policy and Conservation Act of 1975, as amended by the Energy 
Independence and Security Act of 2007 (to be codified at 42 U.S.C. 
6295(b)(4)).

1. Definitions

    Section 3, Definitions, of HRF-1-2008 (incorporated by 
reference; see Sec.  430.3) is applicable to this test procedure.
    1.1 ``Adjusted total volume'' means the product of the freezer 
volume as defined in HRF-1-2008 (incorporated by reference; see 
Sec.  430.3) in cubic feet times an adjustment factor.
    1.2 ``Anti-sweat heater'' means a device incorporated into the 
design of a freezer to prevent the accumulation of moisture on 
exterior or interior surfaces of the cabinet under conditions of 
high ambient humidity.
    1.3 ``Anti-sweat heater switch'' means a user-controllable 
switch or user interface which modifies the activation or control of 
anti-sweat heaters.
    1.4 ``Automatic defrost'' means a system in which the defrost 
cycle is automatically initiated and terminated, with resumption of 
normal refrigeration at the conclusion of defrost operation. The 
system automatically prevents the permanent formation of frost on 
all refrigerated surfaces. Nominal refrigerated food temperatures 
are maintained during the operation of the automatic defrost system.
    1.5 ``Automatic icemaker'' means a device, that can be supplied 
with water without user intervention, either from a pressurized 
water supply system or by transfer from a water reservoir located 
inside the cabinet, that automatically produces, harvests, and 
stores ice in a storage bin, with means to automatically interrupt 
the harvesting operation when the ice storage bin is filled to a 
pre-determined level.
    1.6 ``Cycle'' means the period of 24 hours for which the energy 
use of a freezer is calculated as though the consumer-activated 
compartment temperature controls were preset so that the 
standardized temperatures (see section 3.2) was maintained.
    1.7 ``Cycle type'' means the set of test conditions having the 
calculated effect of operating a freezer for a period of 24 hours 
with the consumer-activated controls other than the compartment 
temperature control set to establish various operating 
characteristics.
    1.8 ``HRF-1-2008'' means the Association of Home Appliance 
Manufacturers standard Energy, Performance and Capacity of Household 
Refrigerators, Refrigerator-Freezers and Freezers that was approved 
September 13, 2008. Only sections of HRF-1-2008 (incorporated by 
reference; see Sec.  430.3) specifically referenced in this test 
procedure are part of this test procedure. In cases where there is a 
conflict, the language of the test procedure in this appendix takes 
precedence over HRF-1-2008.
    1.9 ``Long-time automatic defrost'' means an automatic defrost 
system where successive defrost cycles are separated by 14 hours or 
more of compressor operating time.
    1.10 ``Quick freeze'' means an optional feature on freezers that 
is initiated manually and shut off manually. It bypasses the 
thermostat control and places the compressor in a steady-state 
operating condition until it is shut off.
    1.11 ``Separate auxiliary compartment'' means a freezer 
compartment of a freezer having more than one compartment that is 
not the first freezer compartment. Access to a separate auxiliary 
compartment is through a separate exterior door or doors rather than 
through the door or doors of another compartment.
    1.12 ``Stabilization period'' means the total period of time 
during which steady-state conditions are being attained or 
evaluated.
    1.13 ``Standard cycle'' means the cycle type in which the anti-
sweat heater switch, when provided, is set in the highest energy-
consuming position.

[[Page 29872]]

    1.14 ``Variable defrost control'' means a long-time automatic 
defrost system (except the 14-hour defrost qualification does not 
apply) where successive defrost cycles are determined by an 
operating condition variable or variables other than compressor 
operating time. This includes any electrical or mechanical device 
performing this function. Demand defrost is a type of variable 
defrost control.

2. Test Conditions

    2.1 Ambient Temperature. The ambient temperature shall be 90.0 
 1.0 [deg]F (32.2  0.6 [deg]C) during the 
stabilization period and the test period. The ambient temperature 
shall be 80  2 [deg]F (26.7  1.1 [deg]C) dry 
bulb and 67 [deg]F (19.4 [deg]C) wet bulb during the stabilization 
period and during the test period when the unit is tested in 
accordance with section 3.3.
    2.2 Operational Conditions. The freezer shall be installed and 
its operating conditions maintained in accordance with HRF-1-2008, 
(incorporated by reference; see Sec.  430.3), sections 5.3 through 
section 5.5.5.5 (but excluding sections 5.5.5.2 and 5.5.5.4), except 
that the vertical ambient gradient at locations 10 inches (25.4 cm) 
out from the centers of the two sides of the unit being tested is to 
be maintained during the test. Unless the area is obstructed by 
shields or baffles, the gradient is to be maintained from 2 inches 
(5.1 cm) above the floor or supporting platform to a height 1 foot 
(30.5 cm) above the unit under test. Defrost controls are to be 
operative and the anti-sweat heater switch is to be ``on'' during 
one test and ``off'' during a second test. The quick freeze option 
shall be switched off except as specified in section 3.1. Additional 
clarifications are noted in sections 2.3 through 2.6.
    2.3 Conditions for Automatic Defrost Freezers. For automatic 
defrost freezers, the freezer compartments shall not be loaded with 
any frozen food packages during testing. Cylindrical metallic masses 
of dimensions 1.12  0.25 inches (2.9  0.6 
cm) in diameter and height shall be attached in good thermal contact 
with each temperature sensor within the refrigerated compartments. 
All temperature measuring sensor masses shall be supported by low-
thermal-conductivity supports in such a manner to ensure that there 
will be at least 1 inch (2.5 cm) of air space separating the thermal 
mass from contact with any interior surface or hardware inside the 
cabinet. In case of interference with hardware at the sensor 
locations specified in section 5.1, the sensors shall be placed at 
the nearest adjacent location such that there will be a 1-inch air 
space separating the sensor mass from the hardware.
    2.4 The cabinet and its refrigerating mechanism shall be 
assembled and set up in accordance with the printed consumer 
instructions supplied with the cabinet. Set-up of the freezer shall 
not deviate from these instructions, unless explicitly required or 
allowed by this test procedure. Specific required or allowed 
deviations from such set-up include the following:
    (a) Clearance requirements from surfaces of the product shall be 
as described in section 2.5 below;
    (b) The electric power supply shall be as described in HRF-1-
2008 (incorporated by reference; see Sec.  430.3) section 5.5.1;
    (c) Temperature control settings for testing shall be as 
described in section 3 below; and
    (d) The product does not need to be anchored or otherwise 
secured to prevent tipping during energy testing.
    For cases in which set-up is not clearly defined by this test 
procedure, manufacturers must submit a petition for a waiver (see 
section 7).
    2.5 The space between the back of the cabinet and the test room 
wall or simulated wall shall be the minimum distance in accordance 
with the manufacturer's instructions. If the instructions do not 
specify a minimum distance, the cabinet shall be located such that 
the rear of the cabinet touches the test room wall or simulated 
wall. The test room wall facing the rear of the cabinet or the 
simulated wall shall be flat within \1/4\ inch, and vertical to 
within 1 degree. The cabinet shall be leveled to within 1 degree of 
true level, and positioned with its rear wall parallel to the test 
chamber wall or simulated wall immediately behind the cabinet. Any 
simulated wall shall be solid and shall extend vertically from the 
floor to above the height of the cabinet and horizontally beyond 
both sides of the cabinet.
    2.6 Steady State Condition. Steady-state conditions exist if the 
temperature measurements taken at four minute intervals or less 
during a stabilization period are not changing at a rate greater 
than 0.042 [deg]F (0.023 [deg]C) per hour as determined by the 
applicable condition of A or B described below.
    A--The average of the measurements during a 2-hour period if no 
cycling occurs or during a number of complete repetitive compressor 
cycles occurring through a period of no less than 2 hours is 
compared to the average over an equivalent time period with 3 hours 
elapsing between the two measurement periods.
    B--If A above cannot be used, the average of the measurements 
during a number of complete repetitive compressor cycles occurring 
through a period of no less than 2 hours and including the last 
complete cycle before a defrost period (or if no cycling occurs, the 
average of the measurements during the last 2 hours before a defrost 
period) are compared to the same averaging period before the 
following defrost period.

3. Test Control Settings

    3.1 Model with No User Operable Temperature Control. A test 
shall be performed during which the compartment temperature and 
energy use shall be measured. A second test shall be performed with 
the temperature control electrically short circuited to cause the 
compressor to run continuously. If the model has the quick freeze 
option, this option must be used to bypass the temperature control.
    3.2 Model with User Operable Temperature Control. Testing shall 
be performed in accordance with one of the following sections using 
the standardized temperature of 0.0 [deg]F (-17.8 [deg]C).
    For the purposes of comparing compartment temperatures with 
standardized temperatures, as described in sections 3.2.1 through 
3.2.3, the freezer compartment temperature shall be equal to a 
volume-weighted average of the temperatures of all applicable 
freezer compartments. Applicable compartments for these calculations 
may include a first freezer compartment and any number of separate 
auxiliary freezer compartments.
    3.2.1 A first test shall be performed with all temperature 
controls set at their median position midway between their warmest 
and coldest settings. For mechanical control systems, knob detents 
shall be mechanically defeated if necessary to attain a median 
setting. For electronic control systems, the test shall be performed 
with all compartment temperature controls set at the average of the 
coldest and warmest settings--if there is no setting equal to this 
average, the setting closest to the average shall be used. If there 
are two such settings equally close to the average, the higher of 
these temperature control settings shall be used. A second test 
shall be performed with all controls set at either their warmest or 
their coldest setting (not electrically or mechanically bypassed), 
whichever is appropriate, to attempt to achieve compartment 
temperatures measured during the two tests which bound (i.e., one is 
above and one is below) the standardized temperature. If the 
compartment temperatures measured during these two tests bound the 
standardized temperature, then these test results shall be used to 
determine energy consumption. If the compartment temperature 
measured with all controls set at their coldest setting is above the 
standardized temperature, a third test shall be performed with all 
controls set at their warmest setting and the result of this test 
shall be used with the result of the test performed with all 
controls set at their coldest setting to determine energy 
consumption. If the compartment temperature measured with all 
controls set at their warmest setting is below the standardized 
temperature, then the result of this test alone will be used to 
determine energy consumption. Also see Table 1 below, which 
summarizes these requirements.

                                                       Table 1--Temperature Settings for Freezers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      First test                                      Second test
------------------------------------------------------------------------------------------------     Third test          Energy calculation based on:
            Settings                    Results              Settings             Results             settings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid.............................  Low................  Warm...............  Low................  None..............  Second Test Only.

[[Page 29873]]

 
                                                                            High...............  None..............  First and Second Tests.
                                 -----------------------------------------------------------------------------------------------------------------------
                                  High...............  Cold...............  Low................  None..............  First and Second Tests.
                                                                            High...............  Warm..............  Second and Third Tests.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3.2.2 Alternatively, a first test may be performed with all 
temperature controls set at their warmest setting. If the 
compartment temperature is below the standardized temperature, then 
the result of this test alone will be used to determine energy 
consumption. If the above condition is not met, then the unit shall 
be tested in accordance with section 3.2.1.
    3.2.3 Alternatively, a first test may be performed with all 
temperature controls set at their coldest setting. If the 
compartment temperature is above the standardized temperature, a 
second test shall be performed with all controls set at their 
warmest setting and the results of these two tests shall be used to 
determine energy consumption. If the above condition is not met, 
then the unit shall be tested in accordance with section 3.2.1.

4. Test Period

    4.1 Test Period. Tests shall be performed by establishing the 
conditions set forth in section 2 and using control settings as set 
forth in section 3 above.
    4.1.1 Nonautomatic Defrost. If the model being tested has no 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be no less than 3 
hours in duration. During the test period, the compressor motor 
shall complete two or more whole compressor cycles. (A compressor 
cycle is a complete ``on'' and a complete ``off'' period of the 
motor.) If no ``off'' cycling will occur, as determined during the 
stabilization period, the test period shall be 3 hours. If 
incomplete cycling occurs (less than two compressor cycles during a 
24-hour period), the results of the 24-hour period shall be used.
    4.1.2 Automatic Defrost. If the model being tested has an 
automatic defrost system, the test time period shall start after 
steady-state conditions have been achieved and be from one point 
during a defrost period to the same point during the next defrost 
period. If the model being tested has a long-time automatic defrost 
system, the alternate provisions of 4.1.2.1 may be used. If the 
model being tested has a variable defrost control, the provisions of 
4.1.2.2 shall apply.
    4.1.2.1 Long-time Automatic Defrost. If the model being tested 
has a long-time automatic defrost system, the two-part test 
described in this section may be used. The first part is the same as 
the test for a unit having no defrost provisions (section 4.1.1). 
The second part starts when the compressor turns off at the end of a 
period of steady-state cycling operation just before initiation of 
the defrost control sequence. If the compressor does not cycle 
during steady-state operation between defrosts, the second part 
starts at a time when the compartment temperatures are within their 
ranges measured during steady state operation, or within 0.5 [deg]F 
of the average during steady state operation for a compartment with 
a temperature range during steady state operation no greater than 1 
[deg]F. This control sequence may include additional compressor 
operation prior to energizing the defrost heater. The second part 
terminates when the compressor turns on the second time after the 
defrost control sequence or 4 hours after the defrost heater is 
energized, whichever occurs first.
    4.1.2.2 Variable Defrost Control. If the model being tested has 
a variable defrost control system, the test shall consist of the 
same two parts as the test for long-time automatic defrost (section 
4.1.2.1).

5. Test Measurements.

    5.1 Temperature Measurements. Temperature measurements shall be 
made at the locations prescribed in Figure 5-2 of HRF-1-2008 
(incorporated by reference; see Sec.  430.3) and shall be accurate 
to within  0.5 [deg]F (0.3[deg]C).
    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 7.2 of HRF-1-1979, the product may be tested 
by relocating the temperature sensors from the locations specified 
in the Figures by no more than 2 inches to avoid interference with 
hardware or components within the cabinet, in which case the 
specific locations used for the temperature sensors shall be noted 
in the test data records maintained by the manufacturer in 
accordance with 10 CFR 430.62(d). For those products equipped with a 
cabinet that does not conform with Figure 7.2 and cannot be tested 
in the manner described above, the manufacturer must obtain a waiver 
under 10 CFR 430.27 to establish an acceptable test procedure for 
each such product.
    5.1.1 Measured Temperature. The measured temperature is to be 
the average of all sensor temperature readings taken at a particular 
point in time. Measurements shall be taken at regular intervals not 
to exceed 4 minutes.
    5.1.2 Compartment Temperature. The compartment temperature for 
each test period shall be an average of the measured temperatures 
taken during one or more complete compressor cycles. One compressor 
cycle is one complete motor ``on'' and one complete motor ``off'' 
period. For long-time automatic defrost models, compartment 
temperature shall be that measured in the first part of the test 
period specified in section 4.1.2.1. For models equipped with 
variable defrost controls, compartment temperatures shall be those 
measured in the first part of the test period specified in section 
4.1.2.2.
    5.1.2.1 The number of complete compressor cycles over which the 
measured temperatures in a compartment are to be averaged to 
determine compartment temperature shall be equal to the number of 
minutes between measured temperature readings rounded up to the next 
whole minute or a number of complete compressor cycles over a time 
period exceeding 1 hour. One of the compressor cycles shall be the 
last complete compressor cycle during the test period.
    5.1.2.2 If no compressor cycling occurs, the compartment 
temperature shall be the average of the measured temperatures taken 
during the last 32 minutes of the test period.
    5.1.2.3 If incomplete compressor cycling occurs (less than one 
compressor cycle), the compartment temperature shall be the average 
of all readings taken during the last 3 hours of the last complete 
compressor ``on'' period.
    5.2 Energy Measurements:
    5.2.1 Per-Day Energy Consumption. The energy consumption in 
kilowatt-hours per day for each test period shall be the energy 
expended during the test period as specified in section 4.1 adjusted 
to a 24-hour period. The adjustment shall be determined as follows:
    5.2.1.1 Nonautomatic and Automatic Defrost Models. The energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:

ET = (EP x 1440 x K)/T

Where:

ET = test cycle energy expended in kilowatt-hours per day;
EP = energy expended in kilowatt-hours during the test period;
T = length of time of the test period in minutes;
1440 = conversion factor to adjust to a 24-hour period in minutes 
per day; and
K = dimensionless correction factor of 0.7 for chest freezers and 
0.85 for upright freezers to adjust for average household usage.
    5.2.1.2 Long-time Automatic Defrost. If the two part test method 
is used, the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:

ET = (1440 x K x EP1/T1) + ((EP2-(EP1 x T2/T1)) x K x12/CT)

Where:

ET, 1440, and K are defined in section 5.2.1.1;
EP1 = energy expended in kilowatt-hours during the first part of the 
test;

[[Page 29874]]

EP2 = energy expended in kilowatt-hours during the second part of 
the test;
CT = defrost timer run time in hours required to cause it to go 
through a complete cycle, to the nearest tenth hour per cycle;
12 = conversion factor to adjust for a 50 percent run time of the 
compressor in hours per day; and
T1 and T2 = length of time in minutes of the first and second test 
parts respectively.

    5.2.1.3 Variable Defrost Control. The energy consumption in 
kilowatt-hours per day shall be calculated equivalent to:

ET = (1440 x EP1/T1) + (EP2-(EP1 x T2/T1)) x (12/CT),

Where:

ET and 1440 are defined in section 5.2.1.1; EP1, EP2, T1, T2, and 12 
are defined in section 5.2.1.2;

CT = (CTL x CTM)/(F x (CTM-
CTL) + CTL)

Where:

CTL = least or shortest time between defrosts in hours 
rounded to the nearest tenth of an hour (greater than or equal to 6 
hours but less than or equal to 12 hours);
CTM = maximum time between defrosts in hours rounded to 
the nearest tenth of an hour (greater than CTL but not 
more than 96 hours);
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per-day energy consumption and 
is equal to 0.20.
For variable defrost models with no values for CTL and 
CTM in the algorithm, the default values of 12 and 84 
shall be used, respectively.

    5.3 Volume Measurements. The total refrigerated volume, VT, 
shall be measured in accordance with HRF-1-2008, (incorporated by 
reference; see Sec.  430.3), section 3.30 and sections 4.2 through 
4.3.
    In the case of freezers with automatic icemakers, the volume 
occupied by the automatic icemaker, including its ice storage bin, 
is to be included in the volume measurement.

6. Calculation of Derived Results From Test Measurements

    6.1 Adjusted Total Volume. The adjusted total volume, VA, for 
freezers under test shall be defined as:

VA = VT x CF

Where:

VA = adjusted total volume in cubic feet;
VT = total refrigerated volume in cubic feet; and
CF = dimensionless correction factor of 1.76.

    6.2 Average Per-Cycle Energy Consumption. For the purposes of 
calculating per-cycle energy consumption, as described in this 
section, the freezer compartment temperature shall be equal to a 
volume-weighted average of the temperatures of all applicable 
freezer compartments. Applicable compartments for these calculations 
may include a first freezer compartment and any number of separate 
auxiliary freezer compartments.
    6.2.1 The average per-cycle energy consumption for a cycle type 
is expressed in kilowatt-hours per cycle to the nearest one 
hundredth (0.01) kilowatt-hour and shall depend on the compartment 
temperature attainable as shown below.
    6.2.1.1 If the compartment temperature is always below 0.0 
[deg]F (-17.8 [deg]C), the average per-cycle energy consumption 
shall be equivalent to:

E = ET1 + IET

Where:

E = total per-cycle energy consumption in kilowatt-hours per day;
ET is defined in 5.2.1;
Number 1 indicates the test period during which the highest 
compartment temperature is measured; and
IET, expressed in kilowatt-hours per cycle, equals 0.23 for a 
product with an automatic icemaker and otherwise equals 0 (zero).

    6.2.1.2 If one of the compartment temperatures measured for a 
test period is greater than 0.0 [deg]F (17.8 [deg]C), the average 
per-cycle energy consumption shall be equivalent to:

E = ET1 + ((ET2 - ET1) x (0.0 - TF1)/(TF2 - TF1)) + IET

Where:

E and IET are defined in 6.2.1.1 and ET is defined in 5.2.1;
TF = compartment temperature determined according to 5.1.2 in 
degrees F;
Numbers 1 and 2 indicate measurements taken during the first and 
second test period as appropriate; and
0.0 = standardized compartment temperature in degrees F.

7. Test Procedure Waivers

    To the extent that the procedures contained in this appendix do 
not provide a means for determining the energy consumption of a 
freezer, a manufacturer must obtain a waiver under 10 CFR 430.27 to 
establish an acceptable test procedure for each such product. Such 
instances could, for example, include situations where the test set-
up for a particular freezer basic model is not clearly defined by 
the provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.

    8. Appendix B1 to subpart B of part 430 is amended by:
    a. Adding an introductory note after the appendix heading;
    b. In section 1. Definitions, by:
    1. Adding an introductory note after the heading;
    2. Redesignating section 1.1 as 1.7 and revising redesignated 1.7;
    3. Revising section 1.2;
    4. Redesignating 1.3 as 1.5 and revising redesignated 1.5;
    5. Redesignating section 1.4 as 1.6;
    6. Redesignating section 1.5 as 1.12;
    7. Redesignating section 1.6 as 1.1;
    8. Redesignating section 1.7 as 1.4;
    9. Redesignating section 1.9 as 1.11;
    10. Redesignating section 1.10 as 1.13;
    11. Redesignating section 1.11 as 1.9;
    12. Adding new sections 1.3, 1.9, and 1.10;
    c. In section 2. Test Conditions, by:
    1. Revising section 2.2;
    2. Redesignating section 2.3 as 2.6;
    3. Adding new sections 2.3 through 2.5;
    d. In section 3. Test Control Settings, by:
    1. Revising sections 3.1, 3.2, and 3.2.1;
    2. Removing section 3.3;
    e. In section 4, Test Period by:
    1. Revising sections 4.1.2.1 and 4.1.2.2;
    2. Removing section 4.1.2.3;
    f. In section 5, Test Measurements, by:
    1. Revising sections 5.1, 5.1.2, 5.1.2.1, 5.1.2.2, 5.1.2.3, and 
5.2.1.3;
    2. Removing section 5.2.1.4;
    g. In section 6. Calculation of Derived Results From Test 
Measurements, by revising section 6.2;
    h. Adding new section 7, Waivers.
    The additions and revisions read as follows:

Appendix B1 to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Freezers

    The provisions of Appendix B1 shall apply to all products 
manufactured prior to the effective date of any amended standards 
promulgated by DOE pursuant to Section 325(b)(4) of the Energy 
Policy and Conservation Act of 1975, as amended by the Energy 
Independence and Security Act of 2007 (to be codified at 42 U.S.C. 
6295(b)(4)).

1. Definitions

    Section 3, Definitions, of HRF-1-1979 (incorporated by 
reference; see Sec.  430.3) is applicable to this test procedure.
* * * * *
    1.2 ``Anti-sweat heater'' means a device incorporated into the 
design of a freezer to prevent the accumulation of moisture on 
exterior or interior surfaces of the cabinet under conditions of 
high ambient humidity.
    1.3 ``Anti-sweat heater switch'' means a user-controllable 
switch or user interface which modifies the activation or control of 
anti-sweat heaters.
* * * * *
    1.5 ``Cycle'' means the period of 24 hours for which the energy 
use of a freezer is calculated as though the consumer-activated 
compartment temperature controls were preset so that the 
standardized temperature (see section 3.2) was maintained.
* * * * *
    1.7 ``HRF-1-1979'' means the Association of Home Appliance 
Manufacturers standard for household refrigerators, combination 
refrigerator-freezers, and household freezers, also approved as an 
American National Standard as a revision of ANSI B 38.1-1970. Only 
sections of HRF-1-1979 (incorporated by reference; see Sec.  430.3) 
specifically referenced in this test procedure are part of this test 
procedure. In cases where there is a conflict, the language of the 
test procedure

[[Page 29875]]

in this appendix takes precedence over HRF-1-1979.
* * * * *
    1.10 ``Separate auxiliary compartment'' means a freezer 
compartment of a freezer having more than one compartment that is 
not the first freezer compartment. Access to a separate auxiliary 
compartment is through a separate exterior door or doors rather than 
through the door or doors of another compartment.
* * * * *
    2.2 Operational Conditions. The freezer shall be installed and 
its operating conditions maintained in accordance with HRF-1-1979, 
(incorporated by reference; see Sec.  430.3), section 7.2 through 
section 7.4.3.3 (but excluding section 7.4.3.2), except that the 
vertical ambient gradient at locations 10 inches (25.4 cm) out from 
the centers of the two sides of the unit being tested is to be 
maintained during the test. Unless the area is obstructed by shields 
or baffles, the gradient is to be maintained from 2 inches (5.1 cm) 
above the floor or supporting platform to a height 1 foot (30.5 cm) 
above the unit under test. Defrost controls are to be operative and 
the anti-sweat heater switch is to be ``on'' during one test and 
``off'' during a second test. The quick freeze option shall be 
switched off except as specified in section 3.1. Additional 
clarifications are noted in sections 2.3 through 2.5.
    2.3 Conditions for Automatic Defrost Freezers. For automatic 
defrost freezers, the freezer compartments shall not be loaded with 
any frozen food packages during testing. Cylindrical metallic masses 
of dimensions 1.12  0.25 inches (2.9  0.6 
cm) in diameter and height shall be attached in good thermal contact 
with each temperature sensor within the refrigerated compartments. 
All temperature measuring sensor masses shall be supported by low-
thermal-conductivity supports in such a manner to ensure that there 
will be at least 1 inch (2.5 cm) of air space separating the thermal 
mass from contact with any interior surface or hardware inside the 
cabinet. In case of interference with hardware at the sensor 
locations specified in section 5.1, the sensors shall be placed at 
the nearest adjacent location such that there will be a 1-inch air 
space separating the sensor mass from the hardware.
    2.4 The cabinet and its refrigerating mechanism shall be 
assembled and set up in accordance with the printed consumer 
instructions supplied with the cabinet. Set-up of the freezer shall 
not deviate from these instructions, unless explicitly required or 
allowed by this test procedure. Specific required or allowed 
deviations from such set-up include the following:
    (a) Clearance requirements from surfaces of the product shall be 
as specified in section 2.5 below;
    (b) The electric power supply shall be as described in HRF-1-
1979 (incorporated by reference; see Sec.  430.3) section 7.4.1;
    (c) Temperature control settings for testing shall be as 
described in section 3 below; and
    (d) The product does not need to be anchored or otherwise 
secured to prevent tipping during energy testing.
    For cases in which set-up is not clearly defined by this test 
procedure, manufacturers must submit a petition for a waiver (see 
section 7).
    2.5 The space between the back of the cabinet and the test room 
wall or simulated wall shall be the minimum distance in accordance 
with the manufacturer's instructions. If the instructions do not 
specify a minimum distance, the cabinet shall be located such that 
the rear of the cabinet touches the test room wall or simulated 
wall. The test room wall facing the rear of the cabinet or the 
simulated wall shall be flat within \1/4\-inch, and vertical to 
within 1 degree. The cabinet shall be leveled to within 1 degree of 
true level, and positioned with its rear wall parallel to the test 
chamber wall or simulated wall immediately behind the cabinet. Any 
simulated wall shall be solid and shall extend vertically from the 
floor to above the height of the cabinet and horizontally beyond 
both sides of the cabinet.
* * * * *

3. Test Control Settings

    3.1 Model with No User Operable Temperature Control. A test 
shall be performed during which the compartment temperature and 
energy use shall be measured. A second test shall be performed with 
the temperature control electrically short circuited to cause the 
compressor to run continuously. If the model has the quick freeze 
option, this option must be used to bypass the temperature control.
    3.2 Model with User Operable Temperature Control. Testing shall 
be performed in accordance with one of the following sections using 
the standardized temperature of 0.0 [deg]F (-17.8 [deg]C).
    For the purposes of comparing compartment temperatures with 
standardized temperatures, as described in sections 3.2.1 through 
3.2.3, the freezer compartment temperature shall be equal to a 
volume-weighted average of the temperatures of all applicable 
freezer compartments. Applicable compartments for these calculations 
may include a first freezer compartment and any number of separate 
auxiliary freezer compartments.
    3.2.1 A first test shall be performed with all temperature 
controls set at their median position midway between their warmest 
and coldest settings. For mechanical control systems, knob detents 
shall be mechanically defeated if necessary to attain a median 
setting. For electronic control systems, the test shall be performed 
with all compartment temperature controls set at the average of the 
coldest and warmest settings--if there is no setting equal to this 
average, the setting closest to the average shall be used. If there 
are two such settings equally close to the average, the higher of 
these temperature control settings shall be used. If the compartment 
temperature measured during the first test is higher than the 
standardized temperature, the second test shall be conducted with 
the controls set at the coldest settings. If the compartment 
temperature measured during the first test is lower than the 
standardized temperature, the second test shall be conducted with 
the controls set at the warmest settings. If the compartment 
temperatures measured during these two tests bound the standardized 
temperature, then these test results shall be used to determine 
energy consumption. If the compartment temperature measured with all 
controls set at their coldest settings is above the standardized 
temperature, a third test shall be performed with all controls set 
at their warmest settings and the result of this test shall be used 
with the result of the test performed with all controls set at their 
coldest settings to determine energy consumption. If the compartment 
temperature measured with all controls set at their warmest settings 
is below the standardized temperature, then the result of this test 
alone will be used to determine energy consumption.
* * * * *

4. Test Period

* * * * *
    4.1.2.1 Long-time Automatic Defrost. If the model being tested 
has a long-time automatic defrost system, the two-part test 
described in this section may be used. The first part is the same as 
the test for a unit having no defrost provisions (section 4.1.1). 
The second part starts when the compressor turns off at the end of a 
period of steady-state cycling operation just before initiation of 
the defrost control sequence. If the compressor does not cycle 
during steady-state operation between defrosts, the second part 
starts at a time when the compartment temperatures are within their 
ranges measured during steady state operation, or within 0.5 [deg]F 
of the average during steady state operation for a compartment with 
a temperature range during steady state operation no greater than 1 
[deg]F. This control sequence may include additional compressor 
operation prior to energizing the defrost heater. The second part 
terminates when the compressor turns on the second time after the 
defrost control sequence or 4 hours after the defrost heater is 
energized, whichever occurs first.
    4.1.2.2 Variable Defrost Control. If the model being tested has 
a variable defrost control system, the test shall consist of the 
same two parts as the test for long-time automatic defrost (section 
4.1.2.1).
* * * * *

5. Test Measurements

    5.1 Temperature Measurements. Temperature measurements shall be 
made at the locations prescribed in Figure 7.2 of HRF-1-1979 
(incorporated by reference; see Sec.  430.3) and shall be accurate 
to within 0.5 [deg]F (0.3 [deg]C).
    If the interior arrangements of the cabinet do not conform with 
those shown in Figure 7.2 of HRF-1-1979, the product may be tested 
by relocating the temperature sensors from the locations specified 
in the Figures by no more than 2 inches to avoid interference with 
hardware or components within the cabinet, in which case the 
specific locations used for the temperature sensors shall be noted 
in the test data records maintained by the manufacturer in 
accordance with 10 CFR 430.62(d). For those products equipped with a 
cabinet that does not conform with Figure 7.2 and cannot be tested 
in the manner described above, the manufacturer must

[[Page 29876]]

obtain a waiver under 10 CFR 430.27 to establish an acceptable test 
procedure for each such product.
* * * * *
    5.1.2 Compartment Temperature. The compartment temperature for 
each test period shall be an average of the measured temperatures 
taken during one or more complete compressor cycles. One compressor 
cycle is one complete motor ``on'' and one complete motor ``off'' 
period. For long-time automatic defrost models, compartment 
temperature shall be that measured in the first part of the test 
period specified in section 4.1.2.1. For models equipped with 
variable defrost controls, compartment temperatures shall be those 
measured in the first part of the test period specified in section 
4.1.2.2.
    5.1.2.1 The number of complete compressor cycles over which the 
measured temperatures in a compartment are to be averaged to 
determine compartment temperature shall be equal to the number of 
minutes between measured temperature readings rounded up to the next 
whole minute or a number of complete compressor cycles over a time 
period exceeding 1 hour. One of the compressor cycles shall be the 
last complete compressor cycle during the test period before start 
of the defrost control sequence for products with automatic defrost.
    5.1.2.2 If no compressor cycling occurs, the compartment 
temperature shall be the average of the measured temperatures taken 
during the last 32 minutes of the test period.
    5.1.2.3 If incomplete compressor cycling occurs (less than one 
compressor cycle), the compartment temperature shall be the average 
of all readings taken during the last 3 hours of the last complete 
compressor ``on'' period.
* * * * *
    5.2.1.3 Variable Defrost Control. The energy consumption in 
kilowatt-hours per day shall be calculated equivalent to:

ET = (1440 x EP1/T1) + (EP2-(EP1 x T2/T1)) x (12/CT),

Where:

ET and 1440 are defined in section 5.2.1.1 and EP1, EP2, T1, T2, and 
12 are defined in section 5.2.1.2;

CT = (CTL x CTM)/(Fx (CTM-
CTL) + CTL)

Where:

CTL = least or shortest time between defrosts in hours 
rounded to the nearest tenth of an hour (greater than or equal to 6 
hours but less than or equal to 12 hours);
CTM = maximum time between defrosts in hours rounded to 
the nearest tenth of an hour (greater than CTL but not 
more than 96 hours);
F = ratio of per day energy consumption in excess of the least 
energy and the maximum difference in per-day energy consumption and 
is equal to 0.20.
For variable defrost models with no values for CTL and 
CTM in the algorithm, the default values of 12 and 84 
shall be used, respectively.
* * * * *

6. Calculation of Derived Results From Test Measurements

* * * * *
    6.2 Average Per Cycle Energy Consumption. For the purposes of 
calculating per-cycle energy consumption, as described in this 
section, the freezer compartment temperature shall be equal to a 
volume-weighted average of the temperatures of all applicable 
freezer compartments. Applicable compartments for these calculations 
may include a first freezer compartment and any number of separate 
auxiliary freezer compartments.
* * * * *

7. Test Procedure Waivers

    To the extent that the procedures contained in this appendix do 
not provide a means for determining the energy consumption of a 
freezer, a manufacturer must obtain a waiver under 10 CFR 430.27 to 
establish an acceptable test procedure for each such product. Such 
instances could, for example, include situations where the test set-
up for a particular freezer basic model is not clearly defined by 
the provisions of section 2. For details regarding the criteria and 
procedures for obtaining a waiver, please refer to 10 CFR 430.27.

    9. In Sec.  430.62, revise paragraph (a)(4)(xii) to read as 
follows:


Sec.  430.62  Submission of data.

    (a) * * *
    (4) * * *
    (xii) Refrigerators, refrigerator-freezers, and freezers, the 
annual energy use in kWh/yr, total adjusted volume in ft\3\, whether 
the product has variable defrost control (in which case, manufacturers 
must also report the values, if any, of CTL and 
CTM (see for example Appendix A section 5.2.1.3) used in the 
calculation of energy consumption), whether the product has variable 
anti-sweat heater control, and whether testing has been conducted with 
modifications to the standard temperature sensor locations specified by 
the figures referenced in section 5.1 of Appendices A1, B1, A, and B.
* * * * *
[FR Doc. 2010-11957 Filed 5-25-10; 8:45 am]
BILLING CODE 6450-01-P