[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5784-5786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2564]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-020]


Decision and Order Granting a Waiver to Sub-Zero From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedures

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

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-020) that grants to Sub-Zero, Inc. 
(Sub-Zero) a waiver from the DOE electric refrigerator and 
refrigerator-freezer test procedures for determining the energy 
consumption of residential refrigerator-freezers for the basic models 
set forth in its petition for waiver. Under today's decision and order, 
Sub-Zero shall be required to test and rate its refrigerator-freezers 
with dual compressors using an alternate test procedure that takes this 
technology into account when measuring energy consumption.

DATES: This Decision and Order is effective February 6, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mailstop EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-0371, Email: [email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., Washington, DC 
20585-0103, (202) 586-7796, Email: [email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Sub-Zero a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures found in 10 CFR 
part 430, subpart B, appendix A1 for certain basic models of 
refrigerator-freezers with dual compressors, provided that Sub-Zero 
tests and rates such products using the alternate test procedure 
described in this notice. Today's decision prohibits Sub-Zero from 
making representations concerning the energy efficiency of these 
products unless the product has been tested consistent with the 
provisions and restrictions in the alternate test procedure set forth 
in the decision and order below, and the representations fairly 
disclose the test results.
    Distributors, retailers, and private labelers are held to the same 
standard when making representations regarding the energy efficiency of 
these products. 42 U.S.C. 6293(c).

    Issued in Washington, DC, on January 30, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

In the Matter of: Sub-Zero, Inc. (Case No. RF-020)

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Pub. L. 94-163 (42 U.S.C. 6291-6309, as codified) established 
the Energy Conservation Program for Consumer Products Other Than 
Automobiles, a program covering most major household appliances, which 
includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results which measure energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential electric 
refrigerators and refrigerator-freezers is set forth in 10 CFR part 
430, subpart B, appendix A1.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for a 
particular basic model for covered consumer products when (1) the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics. 10 CFR 
430.27(b)(1)(iii).
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the interim waiver is 
denied, if it appears likely that the petition for waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination on the petition for waiver. 10 CFR 430.27(g).

II. Sub-Zero's Petition for Waiver: Assertions and Determinations

    On September 6, 2011, Sub-Zero submitted a petition for waiver and 
application for interim waiver (petition) from the test procedure 
applicable to residential electric refrigerators and refrigerator-
freezers set forth in 10 CFR Part 430, subpart B, appendix A1. Sub-Zero 
is designing new refrigerator-freezers that incorporate dual 
compressors. In its petition, Sub-Zero seeks a waiver from the existing 
DOE test procedure applicable to refrigerators and refrigerator-
freezers under 10 CFR Part 430 for Sub-Zero's dual compressor products. 
Sub-Zero states that the test procedure was designed to test 
independent, sealed systems while Sub-Zero's dual compressor products 
have shared systems. Sub-Zero further states that it may not be 
possible to use the DOE test procedure for these products, or that use 
of the DOE test procedure would provide inaccurate results. In its 
petition, Sub-Zero set forth an alternate test procedure developed in 
conjunction with an independent test laboratory. DOE did not receive 
any comments on the Sub-Zero petition.
    The DOE test procedure for dual compressor systems assumes

[[Page 5785]]

independent, sealed systems, while Sub-Zero dual compressor 
refrigerators have shared systems. As a result, it is not possible to 
test these products using the DOE test procedure, and use of the test 
procedure would provide test results so unrepresentative as to provide 
materially inaccurate comparative data. Sub-Zero worked with an 
independent testing laboratory to develop a test procedure that would 
accurately measure the energy consumption of its dual compressor 
products while alleviating the testing difficulties, and submitted the 
results as an alternate test procedure. DOE reviewed the alternate 
procedure and determined that it will alleviate the testing problems 
associated with Sub-Zero's implementation of a dual compressor system 
while accurately measuring the energy consumption of these dual 
compressor products.

III. Consultations with Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Sub-Zero petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Sub-Zero.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Sub-Zero and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the Sub-Zero Inc. (Case 
No. RF-020) is hereby granted as set forth in the paragraphs below.
    (2) Sub-Zero shall be required to test and rate the following Sub-
Zero models according to the alternate test procedure set forth in 
paragraph (3) below.

700TCI
700TR
736TCI
736TCIE
736TR
736TRE
BI-30U/O
BI-30U/S/PH
BI-30U/S/TH
BI-30UA/O
BI-30UA/S/PH
BI-30UA/S/TH
BI-30UG/O
BI-30UG/S/PH
BI-30UG/S/TH
BI-36S/O
BI-36S/S/PH
BI-36S/S/TH
BI-36U/O
BI-36U/S/PH
BI-36U/S/TH
BI-36UA/O
BI-36UA/S/PH
BI-36UA/S/TH
BI-36UFD/O
BI36UFD/S/PH
BI36UFD/S/TH
BI-36UG/O
BI-36UG/S/PH
BI-36UG/S/TH
BI-42S/O
BI-42S/S/PH
BI-42S/S/TH
BI-42SD/O
BI-42SD/S/PH
BI-42SD/S/TH
BI-42SID/O
BI-42SID/S/PH
BI-42SID/S/TH
BI-48S/O
BI-48S/S/PH
BI-48S/S/TH
BI-48SD/O
BI-48SD/S/PH
BI-48SD/S/TH
BI-48SID/O
BI-48SID/S/PH
BI-48SID/S/TH
ID-36CI
IT-27CI
IT-30CI
IT-30CIID
IT-36CI
IT-36CIID
PRO48
PRO48G
PRO48HAG

    (3) Sub-Zero shall be required to test the products listed in 
paragraph (2) above according to the test procedures for electric 
refrigerator-freezers prescribed by DOE at 10 CFR part 430, appendix 
A1, except that, for the Sub-Zero products listed in paragraph (2) 
only, replace the multiple defrost system section 5.2.1.4 of Appendix 
A1 with the following:
    5.2.1.4 Dual Compressor Systems with Dual Automatic Defrost. The 
two-part test method in section 4.2.1 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:
[GRAPHIC] [TIFF OMITTED] TN06FE12.005

Where:

     1440 = number of minutes in a day
     ET is the test cycle energy (kWh/day);
     i is the variable that can equal to 1,2 or more that 
identifies the compartment with distinct defrost system;
     D is the total number of compartments with distinct 
defrost systems;
     EP1 is the dual compressor energy expended during the 
first part of the test (it is calculated for a whole number of 
freezer compressor cycles at least 24 hours in duration and may be 
the summation of several running periods that do not include any 
precool, defrost, or recovery periods);
     T1 is the length of time for EP1 (minutes);
     EP2i is the total energy consumed during the second 
(defrost) part of the test being conducted for compartment i. (kWh);
     T2i is the length of time (minutes) for the second 
(defrost) part of the test being conducted for compartment i.
     CTi is the compressor on time between defrosts for only 
compartment i. CTi for compartment i with long time automatic 
defrost system is calculated as per 10 CFR part 430 subpart B 
appendix A1 clause 5.2.1.2. CTi for compartment i with variable 
defrost system is calculated as per 10 CFR part 430 subpart B 
appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of 
an hour).

    Stabilization:
    The test shall start after a minimum 24 hours stabilization run for 
each temperature control setting.
    Steady State for EP1:
    The temperature average for the first and last compressor cycle of 
the test period must be within 1.0[deg]F (0.6[deg]C) of the test period 
temperature average for each compartment. Make this determination for 
the fresh food compartment for the fresh food compressor cycles closest 
to the start and end of the test period. If multiple segments are used 
for test period 1, each segment must comply with above requirement.
    Steady State for EP2i:
    The second (defrost) part of the test must be preceded and followed 
by regular compressor cycles. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0[deg]F 
(0.6[deg]C) of the EP1 test period temperature average for each 
compartment.
    Test Period for EP2i, T2i:
    EP2i includes precool, defrost, and recovery time for compartment 
i, as well as sufficient dual compressor steady state run cycles to 
allow T2i to be at least 24 hours. The test period shall start at the 
end of a regular freezer compressor on-cycle after the previous defrost 
occurrence (refrigerator or

[[Page 5786]]

freezer). The test period also includes the target defrost and 
following regular freezer compressor cycles, ending at the end of a 
regular freezer compressor on-cycle before the next defrost occurrence 
(refrigerator or freezer). If the previous condition does not meet 24 
hours time, additional EP1 steady state segment data could be included. 
Steady state run cycle data can be utilized in EP1 and EP2i.
    Test Measurement Frequency
    Measurements shall be taken at regular interval not exceeding 1 
minute.
    (4) Representations. Sub-Zero may make representations about the 
energy use of its dual compressor refrigerator-freezer products for 
compliance, marketing, or other purposes only to the extent that such 
products have been tested in accordance with the provisions outlined 
above and such representations fairly disclose the results of such 
testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in Sub-
Zero's September 6, 2011 petition for waiver. Grant of this waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR part 429.

    Issued in Washington, DC, on January 30, 2012.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and 
Renewable Energy
[FR Doc. 2012-2564 Filed 2-3-12; 8:45 am]
BILLING CODE 6450-01-P