[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55775-55781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22228]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-042]
Petition for Waiver of GE Appliances From the Department of
Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure
and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, Notice of Granting Application
for Interim Waiver, and Request for Public Comments.
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SUMMARY: This notice announces receipt of a petition for waiver from GE
Appliances (GE) seeking an exemption from specified portions of the
U.S. Department of Energy (DOE) test procedure for determining the
energy consumption of electric refrigerators and refrigerator-freezers.
GE seeks to use an alternate test procedure to address certain issues
involved in testing certain specific basic models identified in its
petition that are equipped with dual-compressor systems that GE
contends cannot be accurately tested using the currently applicable DOE
test
[[Page 55776]]
procedure. DOE solicits comments, data, and information concerning GE's
petition and its suggested alternate test procedure. Today's notice
also grants GE with an interim waiver from the electric refrigerator-
freezer test procedure, subject to use of the alternative test
procedure set forth in this notice.
DATES: DOE will accept comments, data, and information with respect to
the GE Petition until October 17, 2014.
ADDRESSES: You may submit comments, identified by case number ``RF-
042,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected].
Include the case number [Case No. RF-042] 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. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Please submit one signed original paper
copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., Washington, DC 20024; (202) 586-2945, between
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal
holidays. Available documents include the following items: (1) This
notice; (2) public comments received; (3) the petition for waiver and
application for interim waiver; and (4) prior DOE rulemakings regarding
similar refrigerator-freezers. Please call Ms. Brenda Edwards at the
above telephone number for additional information.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building
Technologies Program, Mail Stop EE-2J, Forrestal Building, 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]doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of
1975, as amended (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 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 the energy efficiency, energy use, or
estimated annual operating costs of a covered product, and that are not
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure
for electric refrigerators and electric refrigerator-freezers is
contained in 10 CFR part 430, subpart B, appendix A.
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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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The regulations set forth in 10 CFR 430.27 contain provisions that
enable a person to seek a waiver from the test procedure requirements
for covered products. The DOE will grant a waiver if it is determined
that the basic model for which the petition for waiver was submitted
contains one or more design characteristics that prevents testing of
the basic model according to the prescribed test procedures, or if the
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(f)(2).
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. The Assistant
Secretary may grant the waiver subject to conditions, including
adherence to alternate test procedures. 10 CFR 430.27(f)(2). Waivers
remain in effect pursuant to the provisions of 10 CFR 430.27(l).
The waiver process also allows the DOE to grant an interim waiver
from test procedure requirements to manufacturers that have petitioned
DOE for a waiver of such prescribed test procedures. 10 CFR
430.27(e)(2). Within one year of issuance of an interim waiver, DOE
will either: (i) Publish in the Federal Register a determination on the
petition for waiver; or (ii) publish in the Federal Register a new or
amended test procedure that addresses the issues presented in the
waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to
address the issues presented in a waiver, the waiver will automatically
terminate on the date on which use of that test procedure is required
to demonstrate compliance. 10 CFR 430.27(h)(2).
II. Petition for Waiver of Test Procedure
On June 27, 2014, 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
A. GE is seeking a waiver because it is developing new refrigerator-
freezers that incorporate a dual-compressor design that it believes is
not properly accounted for in DOE's amended test procedure published on
April 21, 2014 (78 FR 22320). In its petition, GE seeks a waiver from
the new DOE test procedure applicable to refrigerators and
refrigerator-freezers under 10 CFR part 430 for two basic models of
dual-compressor system products. Specifically, based upon the
information provided by GE, these basic models demonstrate non-uniform
cycling of their compressors, which prevents the verification of two
criteria in the Appendix A test procedure--to ensure (a) that the first
part of the test comprise a period of stable operation, and (b) that
the second part of the test (used to measure the energy use
contribution of the defrost cycle(s)) start and end during periods of
stable operation.
DOE previously granted a similar waiver to GE through a subsequent
Decision and Order (78 FR 38699 (June 27, 2013)) under Case No. RF-029
pertaining to 10 CFR part 430, subpart B, appendix A1. DOE also granted
similar waivers to Sub-Zero (77 FR 5784 (February 6, 2012)), LG (77 FR
18327 (March 26, 2013)); and Samsung (78 FR 35899 (June 14, 2014)) and
(79 FR 19884 (April 10, 2014)).
In its final rule published on April 21, 2014 (78 FR 22320), which
amended the test procedure for refrigerators and refrigerator-freezers
in Appendix A, DOE incorporated provisions to address the testing of
products with multiple compressors, which were intended to obviate the
need for waivers for multiple-compressor products such as the ones
previously granted to GE and others, if these products are tested using
the new Appendix A. However, in its petition for waiver, GE contends
that due to certain characteristics of the basic models listed in the
petition, the
[[Page 55777]]
Appendix A test procedure does not accurately measure the energy
consumption of these basic models. Specifically, GE claims that
requirements in the Appendix A test procedure--to ensure (a) that the
first part of the test comprise a period of stable operation, and (b)
that the second part of the test (used to measure the energy use
contribution of the defrost cycle(s)) start and end during periods of
stable operation--cannot be applied to these basic models, because
their compressor cycles do not repeat uniformly, which is one of the
assumptions built into the test procedure.
In lieu of using Appendix A, GE has submitted an alternate test
procedure to account for the energy consumption of its refrigerator-
freezer models with dual compressors. GE's alternative test is
essentially the same as the test for multiple-compressor products with
automatic defrost in section 4.2.3 of Appendix A, except that (a) the
test period for the first part of the test would not be required to
meet the requirements for evaluation of stable operation provided in
section 1.22 of Appendix A, (b) the second part of the test would have
a minimum duration--this would be at least 24 hours, unless a second
defrost (other than the target defrost captured within the test period)
occurs before the end of 24 hours, in which case, the test period
duration would be at least 18 hours, (c) the start of the second part
of the test would occur ``at the end of a regular freezer compressor
on-cycle after the previous defrost occurrence'' rather than during a
period of stable operation as defined in section 1.22 of Appendix A,
and (d) the end of the second part of the test would occur ``at the end
of a freezer compressor on-cycle before the next defrost occurrence''
rather than during a period of stable operation as defined in section
1.22 of Appendix A.
GE believes its alternate test procedure will allow for the
accurate measurement of the energy use of these products, which GE
contends is not achieved by the current Appendix A test procedure.
Specifically, due to the non-uniform compressor cycles of this product,
which prevent consistent application of the requirements provided in
section 1.22 of Appendix A for evaluating the stable operation of a
tested unit, the alternative test would not explicitly impose these
stable operation requirements. Based on the information provided by GE,
the variation in test results associated with different selections of
test periods would be insignificant as long as the test starts after
the 24-hour stabilization period, which is required both by the
Appendix A test procedure and the alternative test procedure suggested
by GE. Further, GE's alternative test's minimum duration for the second
part of the test would also not significantly affect the results.
Although not explicitly stated in the alternative test method, or
in GE's petition, DOE understands the term ``stable operation'' used in
the petition to have a different meaning than the same term as used in
Appendix A, since the alternative test method does not use the same
stability criteria. In this case, DOE understands ``stable operation''
to mean operation after steady-state conditions have been achieved but
excluding any defrost cycles or events associated with a defrost cycle,
such as precooling or recovery, and that this term would apply in the
same way for the first and second parts of the test. DOE understands
the term also to mean operation in which the average rate of change of
compartment temperatures is zero or very close to zero--the
temperatures may fluctuate around representative average temperatures
as the compressors cycle on and off, but over several compressor
cycles, these average compartment temperatures would not significantly
change. The key difference in this interpretation of stable operation
as compared with the definition in Appendix A is that it involves
neither assignment of a specific maximum rate of change of the average
temperature nor specification of a method to verify that operation is
stable. DOE further notes that this particular use of the term ``stable
operation'' is limited solely to the basic models that are the subject
of this waiver, as DOE has verified using information provided by GE
about the actual operational characteristics of these models that such
a test is appropriate in this limited case.
GE also requests an interim waiver from the existing DOE test
procedure. An interim waiver may be granted if it is determined that
the applicant will experience economic hardship if the application for
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 of the petition for waiver. See 10 CFR
430.27(e)(2).
As noted previously, DOE recently addressed multiple compressor
products in its April 21, 2014 final rule. In considering GE's petition
for waiver, DOE sought additional details about the specific operating
characteristics of the products that are the subject of the petition in
order to determine whether they cannot be tested using the section of
the amended test procedure that was adopted specifically to address
such products. GE indicated in its petition that the compressors
serving the fresh food and freezer compartments of these models have
non-synchronous cycles that do not repeat uniformly, which prevents
these models from achieving the temperature stability conditions
specified in the Appendix A test procedure. To better understand GE's
claim and the issues raised in the petition, DOE requested data
regarding the operational characteristics of these products, which GE
provided. DOE was specifically concerned that the use of GE's proposed
test method could present the risk of truncation error in the energy
use measurement or the possibility of variation between separate tests
of the same unit due to temperature drift in the compartments or
differences in the operational state of the compressors at the
beginning or end of the test period. The data provided by GE indicated
that these models demonstrate non-uniform cycling that makes direct use
of the Appendix A requirements for evaluating temperature stability
problematic--these requirements may be appropriate for some operating
modes of the basic models, but not for other operating modes. The data
also showed that the use of GE's proposed test method is unlikely to
result in significant variation in test measurements for these
particular models on the basis of the selected test period. DOE notes,
however, that these conclusions are limited to the models listed in
GE's petition based upon the data provided by GE and that other basic
models may demonstrate operating characteristics that differ from these
models as to make this alternative test method inappropriate for
measuring their energy use. Should DOE receive petitions for waiver
requesting use of the alternative test identified in this notice for
other basic models, DOE may request from the manufacturer information
about the operation of those basic models that would demonstrate that
their energy use can be accurately measured using this alternative test
and that such models cannot in fact be tested using the currently
assigned test method in Appendix A.
For the reasons discussed above, DOE has determined that use of the
currently required DOE test procedure for the specific GE models
identified in its petition would provide test results so
unrepresentative as to provide materially inaccurate comparative data.
Therefore, it appears likely that GE's
[[Page 55778]]
petition for waiver will be granted. For these same reasons, DOE has
also determined that it is desirable for public policy reasons to grant
GE immediate relief pending a determination of the petition for waiver.
DOE grants GE's application for interim waiver from testing of the two
basic models of refrigerator-freezers identified in petition for waiver
and request for interim waiver.
Therefore, it is ordered that:
The application for interim waiver filed by GE is hereby granted
for GE's refrigerator-freezer product lines that incorporate dual
compressors subject to the following specifications and conditions
below. GE shall be required to test and rate its refrigerator-freezer
product line containing dual compressors according to the alternate
test procedure as set forth in section III, ``Alternate test
procedure.''
The interim waiver applies to the following basic models:
ZIC30*****
ZIK30*****
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. GE may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of refrigerator-freezers for which
it seeks a waiver from the DOE test procedure. In addition, DOE notes
that granting of an interim waiver or waiver does not release a
petitioner from the certification requirements set forth at 10 CFR part
429.
Further, this interim waiver is conditioned upon the presumed
validity of statements, representations, and documents provided by the
petitioner. DOE may revoke or modify this interim waiver at any time
upon a determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
III. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of products covered by the statute. (42 U.S.C.
6293(c)) Consistent representations are important for manufacturers to
use in making representations about the energy efficiency of their
products and to demonstrate compliance with applicable DOE energy
conservation standards. Pursuant to its regulations applicable to
waivers and interim waivers from applicable test procedures at 10 CFR
430.27, DOE will consider setting an alternate test procedure for GE in
a subsequent Decision and Order.
During the period of the interim waiver granted in this notice, GE
shall test the products listed above according to the test procedures
for residential electric refrigerator-freezers prescribed by DOE at 10
CFR part 430, subpart B, appendix A, except that, for the GE basic
models listed above only, the energy consumption shall be determined as
follows:
[GRAPHIC] [TIFF OMITTED] TN17SE14.019
Where:
-- ET is the test cycle energy (kWh/day);
-- 1440 = number of minutes in a day
-- EP1 is the dual compressor energy expended during the first
part of the test (If at least one compressor cycles, the test period
for the first part of the test shall include a whole number of
complete primary compressor cycles comprising at least 24 hours of
stable operation, unless a defrost occurs prior to completion of 24
hours of stable operation, in which case the first part of the test
shall include a whole number of complete primary compressor cycles
comprising at least 18 hours of stable operation);
--T1 is the length of time for EP1 (minutes);
--D is the total number of compartments with distinct defrost
systems;
--i is the variable that can equal to 1,2 or more that
identifies the compartment with distinct defrost system;
--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.
--12 = conversion factor to adjust for a 50% run-time of the
compressor in hours/day
--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 A clause 5.2.1.2. CTi for compartment i with variable
defrost system is calculated as per 10 CFR part 430 subpart B,
Appendix A 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.
Test Period for EP2i, T2i:
EP2i includes precool, defrost, and recovery time for compartment
i, as well as sufficient dual compressor cycles to allow T2i to be at
least 24 hours, unless a defrost occurs prior to completion of 24
hours, in which case the second part of the test shall include a whole
number of complete primary compressor cycles comprising at least 18
hours. The test period shall start at the end of a regular freezer
compressor on-cycle after the previous defrost occurrence (refrigerator
or freezer). The test period also includes the target defrost and
following freezer compressor cycles, ending at the end of a freezer
compressor on-cycle before the next defrost occurrence (refrigerator or
freezer).
Test Measurement Frequency
Measurements shall be taken at regular interval not exceeding 1
minute.
* * * * *
IV. Summary and Request for Comments
Through today's notice, DOE grants GE an interim waiver from the
specified portions of the test procedure applicable to certain basic
models of refrigerator-freezers with dual compressors and announces
receipt of GE's petition for waiver from those same portions of the
test procedure. DOE is publishing GE's petition for waiver pursuant to
10 CFR 430.27(b)(1)(iv). The petition includes a suggested alternate
test procedure to determine the energy consumption of GE's specified
basic models of refrigerator-freezers with dual compressors. GE is
required to follow this alternate procedure as a condition of its
interim waiver, and DOE is considering including this alternate
procedure in its subsequent Decision and Order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation
[[Page 55779]]
methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting
written comments to DOE must also send a copy of such comments to the
petitioner. The contact information for the petitioner is: Earl F.
Jones, Senior Counsel, GE Appliances, Appliance Park 2-225, Louisville,
KY 40225. All submissions received must include the agency name and
case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text
(American Standard Code for Information Interchange (ASCII)) file
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. DOE does not accept telefacsimiles (faxes).
Issued in Washington, DC, on September 10, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
U.S. Department of Energy
Application for Interim Waiver and Petition for Waiver, 10CFR430,
Subpart B, Appendix A1-Uniform Test Method for Measuring the Energy
Consumption of Refrigerator-freezers
Case No. Non-Confidential Version
Submitted by: Earl F. Jones Senior Counsel, GE Appliances,
Appliance Park 2-225, Louisville, KY 40225, [email protected], 502-
452-3164 (voice), 502-452-0395 (fax).
U.S. Department of Energy Application for Interim Waiver and Petition
for Waiver, 10CFR430, Subpart B, Appendix A--Uniform Test Method for
Measuring Refrigerator-Freezers
I. Introduction
GE Appliances, an operating division of General Electric Co.,
(``GE'') is a leading manufacturer and marketer of household
appliances, including, as relevant to this proceeding, refrigerator-
freezers (``refrigerators''), files this Petition for Waiver and
Application for Interim Waiver (collectively, ``Petition''). On May 2,
2013, the Assistant Secretary granted an interim waiver \2\ and on June
27 the final waiver \3\ pursuant to GE's February 28 petition advising
the Department that the energy consumption of GE's new dual compressor
refrigerator could not be accurately measured using the test procedure
set forth in 430 Subpart B, Appendix A1. GE continued to test the
product under the waiver-approved test procedure. In issuing the new
refrigerator test procedure on April 21, 2014,\4\ the Assistant
Secretary nullified all Appendix A1 waivers, including the one granted
to GE. The Department's decision was explained as follows:
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\2\ 78 FR 25724 et seq.
\3\ 78 FR 38699 et seq.
\4\ 79 FR 22320 et seq.
After DOE grants a waiver, the agency must, pursuant to its
waiver provisions, initiate a rulemaking to amend its regulations to
eliminate the continued need for the waiver. 10 CFR 430.27 (m). This
final rule addresses this requirement for the Sub-Zero waiver by
amending Appendix A to include a test procedure for multiple-
compressor products that is based on the Sub-Zero waiver procedure.
The Sub-Zero, Samsung, LG, and GE waivers for multiple-
compressor products will terminate on September 15, 2014, the same
date that manufacturers must use the test procedures in Appendix A
for testing.\5\
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\5\ 79 FR at 22323.
The conclusion that GE can use the Appendix A test procedure to
accurately measure energy consumption of the new 2014 models of the
product that was previously covered by waiver is, unfortunately,
erroneous. GE has made this point to DOE consistently and on multiple
occasions: First, in the 2013 waiver petition, next, at the NOPR
stakeholders meeting held on July 25, 2013,\6\ and, finally, in its
NOPR comments.\7\
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\6\ EERE-2012-BT-TP-0016-0023, p. 85-88.
\7\ 79 FR at 22328 and 22329.
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GE's representative at the stakeholders meeting most clearly
described the operation of GE's refrigerator:
MR. BROWN: Bill with GE Appliances.
Again, I would reiterate that stability for multiple compressor
products is not the same as stability for a single compressor
product. If you did achieve .042 degrees per hour, it may be more
due to luck than actually the product [being] what you'd consider to
be stable. Again, with both compressors operating on their own
schedule, with their own controls, you may see that the fresh food
[temperature] is stable and the freezer's not. Then you'd keep going
further and the freezer is stable and the fresh food is not. So
that's again why we chose just to use a longer period of time
instead of trying to invoke this .042 degrees per hour.
* * * * *
So again, I would reiterate for multiple compressor products,
that . . . looking at stability with a strict .042 degrees per hour
like you would on a single compressor product is . . . just not
applicable to the multiple compressor product.
MR. BROOKMAN: Okay, thank you. Lucas.
MR. ADIN: Lucas Adin, DOE.
Just a quick follow-up question for clarification. So it sounds
like, based on your comment Bill, that a single stability criteria
for multiple compressor products may not be appropriate because of
how they operate. It's different from single compressor products.
But is it reasonable to say that multiple compressor products do
get to some form of stability that is, you know, unique to perhaps
each individual product, but at least it's something that you know
will repeat consistently over time, or is it something that you can
actually identify?
MR. BROWN: Yes. This is Bill with GE again.
You may see a repeating operation in the freezer, and you may
see it in the fresh food. But you'd see it on different time frames.
So where a freezer temperature may be high, the fresh food may be
low, and you know, if you just picture a sine curve, these are sine
curves that are out of phase with one another.
So you would never get to a point, or you may never get a point
where you've got both of these meeting this type of stability
criteria at the same time. So instead of trying to search through
the data, to find if there just happens to be [a] place where this
occurs, we just chose in our waiver to . . . use a long period of
time \8\ (emphasis supplied).
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\8\ EERE-2012-BT-TP-0016-0023, at p. 88.
One reason GE's product does not achieve stability as described in
Appendix A is that it has two compartments--one for fresh food and one
for frozen foods--but unlike what we understand to be the Sub-Zero
design, the GE compressors are not designed to synchronize such that
both compartments achieve temperature stability at the same time.
Stated another way, it is not designed such that . . . ``the
compartment temperature averages for the first and last complete
compressor cycles [of each compressor system can] lie completely within
the second part of the test [and] within 0.5 [deg]F (0.3 [deg]C) of the
average compartment temperature measured for the first part of the
test.'' Appendix A, 4.2.3.4.2, paraphrased. (See below for full
section.) \9\
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\9\ For each compressor system, the compartment temperature
averages for the first and last complete compressor cycles that lie
completely within the second part of the test must be within 0.5
[deg]F (0.3 [deg]C) of the average compartment temperature measured
for the first part of the test.
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While the Appendix A test procedure does adopt the definition of
steady state condition that was first approved in the Sub-Zero waiver
and subsequently GE's waiver, it imposes an unachievable goal for GE by
requiring that a 0.5 [deg]F (0.3 [deg]C) steady state condition be
achieved by comparing the compartment temperatures during a single
freezer compressor cycle to the average compartment temperatures
achieved during 24 hours of fresh food and freezer compressor cycles.
This can only be done if the cycles repeat uniformly. As described
above and illustrated below, this does not occur with the GE dual
compressor refrigerator.
The non-synchronous nature of the compressors' operation is
depicted in
[[Page 55780]]
the following plot of Watts and compartment temperatures versus time.
[GRAPHIC] [TIFF OMITTED] TN17SE14.020
As is apparent from the above, at no time during the freezer
compressor cycles before the defrost (at appx. 4270 mins.) are the
fresh food and freezer temperatures in phase: While the fresh food
temperature cycles repeat with each fresh food compressor cycle, the
freezer temperature cycles repeat with every two freezer compressor
cycles. Thus, the Appendix A assumption that the cycles are uniform and
in phase does not hold for these GE models. The only relevant impact of
this non-uniformity is the confounding effect on making the required
calculation. The product provides improved consumer utility because it
provides for better temperature and humidity control.\10\
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\10\ GE's new models provide the additional environmental
benefit of not using HFC refrigerants: Instead the two compressors
use isobutane, which has a GWP of two orders of magnitude less than
HFC-134a.
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II. GE's Proposed Waiver
Based on the above GE requests that the Assistant Secretary grant
it a waiver from the Appendix A test procedure and allow GE to test its
refrigerator-freezer model pursuant to the modified procedure
previously approved in 78 FR 38699, case No. RF-029, and submitted
herewith as Attachment 1. This request is filed pursuant to 10 C.F.R.
Sec. 430.27 \11\ as the test procedure does not allow the energy used
by GE's new 2014 model.
The waiver should continue in effect until DOE amends the test
procedure to accommodate such products. GE also requests that the
Department grant an interim waiver to test and rate the models listed
on Attachment 2.
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\11\ The Department's regulations provide that the Assistant
Secretary will grant a Petition upon ``determin[ation] that the
basic model for which the waiver was requested contains a design
characteristic which either prevents testing of the basic model
according to the prescribed test procedures, or the 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 Sec.
430.27(l). GE requests that the Assistant Secretary grant this
Petition on both grounds.
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We would be pleased to discuss this request with DOE and provide
further information as needed.
GE requests expedited treatment of the Petition and Application. It
is critical that the Waiver request be acted on, and hopefully granted,
in July 2014 in order to provide sufficient time for final design and
testing by the September 15, 2014 effective date of the energy
efficiency standard.
I hereby certify that all manufacturers of domestically marketed
units of the same product type have been notified of this Petition and
Application, list of which is found in Attachment 3, hereto.
Respectfully submitted,
Earl F. Jones, Senior Counsel and Authorized Representative of GE
Appliances
Attachment 1
[[Page 55781]]
[GRAPHIC] [TIFF OMITTED] TN17SE14.021
Where:
-- ET is the test cycle energy (kWh/day);
-- 1440 = number of minutes in a day
-- EP1 is the dual compressor energy expended during the first
part of the test (If at least one compressor cycles, the test period
for the first part of the test shall include a whole number of
complete primary compressor cycles comprising at least 24 hours of
stable operation, unless a defrost occurs prior to completion of 24
hours of stable operation, in which case the first part of the test
shall include a whole number of complete primary compressor cycles
comprising at least 18 hours of stable operation);
-- T1 is the length of time for EP1 (minutes);
-- D is the total number of compartments with distinct defrost
systems;
-- i is the variable that can equal to 1,2 or more that
identifies the compartment with distinct defrost system;
-- 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.
-- 12 = conversion factor to adjust for a 50% run-time of the
compressor in hours/day
-- 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 A clause 5.2.1.2. CTi for compartment
i with variable defrost system is calculated as per 10 CFR part 430
subpart B, Appendix A 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.
Test Period for EP2i, T2i:
EP2i includes precool, defrost, and recovery time for
compartment i, as well as sufficient dual compressor cycles to allow
T2i to be at least 24 hours, unless a defrost occurs
prior to completion of 24 hours, in which case the second part of
the test shall include a whole number of complete primary compressor
cycles comprising at least 18 hours. The test period shall start at
the end of a regular freezer compressor on-cycle after the previous
defrost occurrence (refrigerator or freezer). The test period also
includes the target defrost and following freezer compressor cycles,
ending at the end of a freezer compressor on-cycle before the next
defrost occurrence (refrigerator or freezer).
Test Measurement Frequency
Measurements shall be taken at regular intervals not exceeding 1
minute.
* * * * *
Attachment 2
ZIC30*****
ZIK30*****
[FR Doc. 2014-22228 Filed 9-16-14; 8:45 am]
BILLING CODE 6450-01-P