[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Pages 57139-57141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22582]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-031]


Decision and Order Granting a Waiver to Panasonic Appliances 
Refrigeration Systems Corporation of America Corporation (PAPRSA) 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 its 
decision and order (Case No. RF-031) granting Panasonic Appliances 
Refrigeration Systems Corporation of America (PAPRSA) 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, PAPRSA shall be required to test and rate 
its hybrid wine chiller/beverage center basic models using an alternate 
test procedure that requires PAPRSA to test the wine chiller 
compartment at 55 [deg]F instead of the prescribed temperature of 38 
[deg]F. PAPRSA shall also use the K factor (correction factor) value of 
0.85

[[Page 57140]]

when calculating the energy consumption.

DATES: This Decision and Order is effective September 17, 2013.

FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies 
Office, Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371, Email: 
[email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected]:.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants PAPRSA 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 hybrid 
wine chiller/beverage center products, provided that PAPRSA tests and 
rates such products using the alternate test procedure described in 
this notice. Today's decision prohibits PAPRSA from making 
representations concerning the energy efficiency of these products 
unless the product has been tested in a manner 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 September 11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

In the Matter of:
    Panasonic Appliances Refrigeration Systems Corporation of America 
(Case No. RF-031)

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 that 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.
    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. PAPRSA's Petition for Waiver: Assertions and Determinations

    On April 29, 2013, PAPRSA 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. In its 
petition, PAPRSA seeks a waiver from the existing DOE test procedure 
applicable to refrigerators and refrigerator-freezers under 10 CFR Part 
430 for PAPRSA's hybrid models that consist of single-cabinet units 
with a refrigerated beverage compartment in the top portion and a wine 
storage compartment in the bottom of the units. DOE issued guidance 
that clarified the test procedures to be used for hybrid products such 
as the PAPRSA models at issue here: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf This guidance specifies that basic models such as 
the ones PAPRSA identifies in its petition, which do not have a 
separate wine storage compartment with a separate exterior door, are to 
be tested according to the DOE test procedure in Appendix A1, with the 
temperatures specified therein. PAPRSA asserts that the wine storage 
compartment cannot be tested at the prescribed temperature of 38 
[deg]F, because the minimum compartment temperature is 45 [deg]F. 
PAPRSA submitted an alternate test procedure to account for the energy 
consumption of its wine chiller/beverage centers. That alternate 
procedure would test the wine chiller compartment at 55 [deg]F, instead 
of the prescribed 38 [deg]F. To justify the use of this standardized 
temperature for testing, PAPRSA stated in its petition that it designed 
these models to provide an average temperature of 55 to 57 [deg]F, 
which it determined is a commonly recommended temperature for wine 
storage, suggesting that this temperature is presumed to be 
representative of expected consumer use. 77 FR 19656. DOE notes that 
the test procedures for wine chillers adopted by the Association of 
Home Appliance Manufacturers (AHAM), California Energy Commission 
(CEC), and Natural Resources Canada all use a standardized compartment 
temperature of 55 [deg]F for wine chiller compartments, which is 
consistent with PAPRSA's approach.

III. Conclusion

    After careful consideration of all the material submitted by 
PAPRSA, it is ordered that:
    (1) The petition for waiver submitted by the Panasonic Appliances

[[Page 57141]]

Refrigeration Systems Corporation of America (Case No. RF-031) is 
hereby granted as set forth in the paragraphs below.
    (2) PAPRSA shall be required to test and rate the following PAPRSA 
models according to the alternate test procedure set forth in paragraph 
(3) below.

SR5180JBC
JUB24FLARS0*
JUB24FRARS0*
JUB24FRACX0*

    (3) PAPRSA 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 PAPRSA products listed in paragraph (2) only, 
test the wine chiller compartment at 55 [deg]F, instead of the 
prescribed 38 [deg]F.
    PAPRSA shall also use the K factor (correction factor) value of 
0.85 when calculating the energy consumption of one of the models 
listed above. Therefore, the energy consumption is defined by the 
higher of the two values calculated by the following two formulas 
(according to 10 CFR part 430, subpart B, Appendix A1):
    Energy consumption of the wine compartment:

EWine = ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)] *0.85

    Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment = ET1 + [(ET2-ET1) x (38 [deg]F-TBC1)/(TBC2-
TBC1)].

    (4) Representations. PAPRSA may make representations about the 
energy use of its hybrid wine chiller/beverage center 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 
PAPRSA's April 29, 2013 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 September 11, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable. Energy.

[FR Doc. 2013-22582 Filed 9-16-13; 8:45 am]
BILLING CODE 6450-01-P