[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75426-75428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30676]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-023]


Decision and Order Granting a Waiver to GE Appliances 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-023) that grants to GE Appliances (GE) 
a waiver from the DOE electric refrigerator and refrigerator-freezer 
test procedures for the basic models set forth in its petition for 
waiver in Case RF-023. In its petition, GE provides an alternate test 
procedure that is the same as the test procedure DOE published in a 
final rule dated January 25, 2012 (77 FR 3559). Under today's decision 
and order, GE shall be required to test and rate these refrigerator-
freezers using an alternate test procedure as adopted in DOE's final 
rule dated January 25, 2012 (77 FR 3559) that takes multiple defrost 
cycles into account when measuring energy consumption.

DATES: This Decision and Order is effective December 20, 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 GE a waiver from the applicable residential refrigerator 
and refrigerator-freezer test procedures in 10 CFR part 430, subpart B, 
appendix A1 for certain basic models of refrigerator-freezers with 
multiple defrost cycles, provided that GE tests and rates such products 
using the alternate test procedure described in this notice. Today's 
decision prohibits GE 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 November 19, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: GE Appliances (Case No. RF-023).

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 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

[[Page 75427]]

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.
    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. GE's Petition for Waiver: Assertions and Determinations

    On January 26, 2012, GE submitted a petition for waiver from the 
test procedure applicable to residential electric refrigerators and 
refrigerator-freezers set forth in 10 CFR Part 430, Subpart B, Appendix 
A1. GE is designing new refrigerator-freezers that incorporate multiple 
defrost cycles. In its petition, GE seeks a waiver from the procedure 
provided in Appendix A1 because that test procedure does not account 
for products that use multiple defrost cycles. Therefore, GE has asked 
to use an alternate test procedure that is the same as the test 
procedure provisions for products with long time or variable defrost 
DOE published in an interim final rule (75 FR 78810, December 16, 
2010). On January 27 and July 19, 2011, Samsung submitted similar 
petitions for waiver and requests for interim waiver for basic models 
of refrigerator-freezers that incorporate multiple defrost cycles. 
After initially granting these interim waiver requests, DOE ultimately 
granted Samsung with a waiver for the products specified in those 
petitions through a final decision and order that adopted a modified 
version of the interim final rule's procedure. 77 FR 1474 (Jan. 10, 
2012). That modified procedure was also adopted by DOE as part of a 
recently published rule that finalized the test procedures that 
electric refrigerator and refrigerator-freezer manufacturers must use 
starting in 2014. See 77 FR 3559 (Jan. 25, 2012) (finalizing 
refrigerator and refrigerator-freezer test procedures for 2014 in 10 
CFR Part 430, Appendix A).
    GE's petition included an alternate test procedure to account for 
the energy consumption of its refrigerator-freezer models with multiple 
defrost cycles. The alternate test procedure requested by GE is the 
same as the test procedure published in the interim final rule 
referenced above. As noted above, DOE recently published a final test 
procedure for refrigerators, refrigerator-freezers, and freezers (77 FR 
3559 (Jan. 25, 2012)). The alternate test procedure sought by GE is 
identical to the interim final rule test procedure provisions for 
products with long-time or variable defrost adopted in the final test 
procedure rule. Because DOE has finalized a test procedure that 
accounts for products that employ these long-time or variable defrost 
control strategies, DOE is granting GE's request but requiring that the 
company use the more recently finalized procedure in order to ensure 
testing consistency for all manufacturers when measuring the energy 
consumption of these types of products.
    Because the current applicable test procedure cannot be used to 
test the basic models at issue or would otherwise lead to materially 
inaccurate results, DOE previously granted a waiver to Samsung for 
other basic models incorporating multiple defrost technology (77 FR 
1474, Jan. 10, 2012). DOE has determined that it is desirable to have 
similar basic models, such as those addressed by the GE petition, 
tested in a consistent manner and is adopting the same approach laid 
out in its prior decision by permitting GE to use the alternate test 
procedure specified in this Decision and Order.

III. Consultations With Other Agencies

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

IV. Conclusion

    After careful consideration of all the material that was submitted 
by GE and consultation with FTC staff, it is ordered that:
    (1) The petitions for waiver submitted by the GE Appliances (Case 
No. RF-023) are hereby granted as set forth in paragraphs.
    (2) GE shall be required to test and rate the following GE models 
according to the alternate test procedure set forth in paragraph (3) of 
this section.

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    (3) GE shall be required to test the products listed in paragraph 
(2) of this section according to the alternate test procedure as 
adopted in DOE's final rule, dated January 25, 2012 (77 FR 3559), 
amending 10 CFR Part 430, Appendix A.
    (4) Representations. GE may make representations about the energy 
use of its 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 GE's 
January 26, 2012 petition for waiver. Grant of this waiver does not 
release a petitioner from the certification requirements set forth at 
10 CFR part 429.


[[Page 75428]]


    Issued in Washington, DC, on November 19, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2012-30676 Filed 12-19-12; 8:45 am]
BILLING CODE 6450-01-P