[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21211-21213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09131]



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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-045]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to AGA Marvel From the Department of Energy 
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 a 
Decision and Order (Case No. RF-045) that grants to AGA Marvel a waiver 
from the DOE test procedure for determining the energy consumption of 
electric refrigerators and refrigerator-freezers. Under this Decision 
and Order, AGA Marvel is required to test and rate specified basic 
models of its combination cooler-refrigerator in accordance with the 
applicable DOE test procedure, with the exception that it must 
calculate energy consumption using a correction factor (``K-factor'') 
of 0.85.

DATES: This Decision and Order is effective May 5, 2017. This Decision 
and Order will terminate on October 28, 2019, in conjunction with the 
compliance date of the recently published standards for miscellaneous 
refrigeration products. Testing to demonstrate compliance with those 
standards, and any other representations of energy use made on or after 
October 28, 2019, will require manufacturers to use the relevant test 
procedure for these products.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. E-mail: [email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants AGA Marvel a waiver from the applicable test procedure in 
10 CFR part 430, subpart B, appendix A for certain basic models of 
combination cooler-refrigerators provided that AGA Marvel tests and 
rates such products using the alternate test procedure described in 
this notice. AGA Marvel's representations concerning the energy 
efficiency of these products must be based on testing consistent with 
the provisions and restrictions in the alternate test procedure set 
forth in the Decision and Order below, and the representations must 
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).
    Consistent with 10 CFR 430.27(j), not later than July 5, 2017, any 
manufacturer currently distributing in commerce in the United States a 
product employing a technology or characteristic that results in the 
same need for a waiver from the applicable test procedure must submit a 
petition for waiver. Manufacturers not currently distributing such 
products in commerce in the United States must petition for and be 
granted a waiver prior to the distribution in commerce of those 
products in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 430.27.

    Issued in Washington, DC, on April 28, 2017.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: AGA Marvel (Case No. RF-045)
I. Background and Authority
    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(``EPCA'') (42 U.S.C. 6291-6309) established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program that 
includes residential refrigerators and refrigerator-freezers.\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 measuring 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 refrigerators and 
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 
allow a person to seek a waiver from the test procedure requirements 
for a particular basic model of a type of covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that: (1) Prevent 
testing according to the prescribed test procedure, or (2) cause the 
prescribed test procedures to 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).DOE 
may grant the waiver subject to conditions, including adherence to 
alternate test procedures. 10 CFR 430.27(f)(2). DOE recently published 
standards for miscellaneous refrigeration products (``MREFs''). See 81 
FR 75194 (Oct. 28, 2016). Testing to demonstrate compliance with those 
standards will require manufacturers to use the MREF test procedure 
established in a final rule published in July 2016. See 81 FR 46768 
(July 18, 2016) (MREF coverage determination and test procedure final 
rule) and 81 FR 49868 (July 29, 2016) (MREF test procedure final rule 
correction notice). Under these rules, DOE has determined that products 
such as those that are at issue here fall into the MREF category. 
Accordingly, consistent with these MREF-specific provisions, these 
products will be evaluated under prescribed procedures and against 
specified standards that are tailored to account for their particular 
characteristics.
II. AGA Marvel's Petition for Waiver: Assertions and Determinations
    By letter dated January 26, 2016, AGA Marvel submitted a petition 
for waiver and application for interim waiver under 10 CFR 430.27(a) 
for 12 basic models of combination cooler-refrigerators that are 
required to be tested using the test procedure detailed at appendix A 
to subpart B of 10 CFR part 430. AGA Marvel supplemented its filing 
with a March 9, 2016, email identifying the basic models. At the time 
of the petition, Appendix A required measuring the energy consumption 
of refrigerators using a standardized compartment temperature of 39 
degrees Fahrenheit ([deg]F), a temperature that, according to AGA 
Marvel, its products are not capable of achieving in all compartments. 
As a

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result, AGA Marvel petitioned for a waiver to appendix A's procedure to 
apply a standardized compartment temperature of 55 [deg]F to the cooler 
compartments within its products. These compartments maintain a higher 
temperature that is typical for storing wine. AGA Marvel also requested 
that the products be tested with a 0.55 usage factor, rather than with 
no usage factor as required according to appendix A. Both the 
compartment temperature and usage factor are consistent with the 
requirements incorporated into appendix A from the July 2016 MREF test 
procedure final rule. 81 FR 46768.
    DOE granted a similar waiver to Panasonic Appliances Refrigeration 
Systems Corporation of America (``PAPRSA'') in 2012 (under PAPRSA's 
previous corporate name, Sanyo E&E Corporation) (Case No. RF-022, 77 FR 
49443 (August 16, 2012)), in 2013 (Case No. RF-031, 78 FR 57139 (Sept. 
17, 2013)), and 2014 (Case No. RF-041, 79 FR 55769 (September 17, 
2014)). On October 4, 2012, DOE issued a notice of correction to this 
Decision and Order by incorporating a K-factor (correction factor) 
value of 0.85 when calculating the energy consumption of the affected 
models. (77 FR 60688) On January 26, 2016, due to issues with regard to 
the equations detailed in the prior waiver decisions, DOE issued a 
proposed modification of its prior waivers and granted PAPRSA with an 
interim waiver (81 FR 4270) under Case No. RF-043 to correct these 
known issues. DOE also previously granted a similar waiver to Sub-Zero 
Group Inc. through an interim waiver (79 FR 55772 (September 17, 2014)) 
and a subsequent Decision and Order (80 FR 7854 (February 12, 2015)) 
under Case No. RF-040.
    AGA Marvel's petition for waiver included an alternate test 
procedure to account for the energy consumption of its combination 
cooler-refrigerator products. Specifically, it proposed using the test 
procedure for combination cooler refrigeration products in appendix A. 
However, DOE's recent notice detailing a modified version of the 
calculation method used to measure and rate the energy use of products 
similar to AGA Marvel's combination cooler-refrigerators provides a 
simpler and equitable solution to the problems identified in AGA 
Marvel's petition. See 81 FR 4270 (notice granting interim waiver and 
seeking comment on DOE's proposal to modify PAPRSA's alternative test 
method for combination cooler refrigeration products). Accordingly, 
applying the test method outlined in the recent PAPRSA interim waiver 
to determine compliance with the existing refrigerator standards would 
follow an already-established approach and help ensure consistency when 
testing similar products (i.e., a correction factor of 0.85 rather than 
0.55 is appropriate for determining compliance with refrigerator 
standards).
    AGA Marvel also requested an interim waiver from the existing DOE 
test procedure, which DOE granted. See 81 FR at 41531. DOE did not 
receive any comments on the AGA Marvel petition or the interim waiver.
    DOE has reviewed the alternate procedure and believes that it will 
allow for the accurate measurement of the energy use of these products, 
while alleviating the testing problems associated with AGA Marvel's 
combination cooler-refrigerator basic models.
III. Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (``FTC'') staff 
concerning the AGA Marvel petition for waiver. The FTC staff did not 
have any objections to granting a waiver to AGA Marvel.
IV. Order
    After careful consideration of all the material that was submitted 
by AGA Marvel and consultation with the FTC staff, in accordance with 
10 CFR 430.27, it is ORDERED that:
    (1) The petition for waiver submitted by the AGA Marvel. (Case No. 
RF-045) is hereby granted as set forth in the paragraphs below.
    (2) AGA Marvel must test and rate the AGA Marvel basic models 
specified in paragraph (3) on the basis of the current test procedure 
contained in 10 CFR part 430, subpart B, appendix A, with the exception 
that it must calculate energy consumption using a correction factor 
(``K-factor'') of 0.85.
    Therefore, the energy consumption is defined by:
    If compartment temperatures are below their respective standardized 
temperatures for both test settings (according to 10 CFR part 430, 
subpart B, appendix A, sec. 6.2.4.1):

E = (ET1 x 0.85) + IET.
    If compartment temperatures are not below their respective 
standardized temperatures for both test settings, the higher of the two 
values calculated by the following two formulas (according to 10 CFR 
part 430, subpart B, appendix A, sec. 6.2.4.2):
    Energy consumption of the ``cooler compartment'':

ECooler Compartment = (ET1 + [(ET2 - ET1) x (55 [deg]F - TC1)/(TC2 - 
TC1)]) x 0.85 + IET

    Energy consumption of the ``fresh food compartment'':

EFreshFood Compartment = (ET1 + [(ET2 - ET1) x (39 [deg]F - TR1)/(TR2 - 
TR1)]) x 0.85 + IET.

    (3) This Order applies only to the following basic models:
    Basic models under the MARVEL brand:

ML24WBG***1
ML24WBF***1
ML24WBS***1
ML24WBP***1

    Basic models under the MARVEL Outdoor brand:

MO24WBG***1
MO24WBF***1
MO24WBS***1
MO24WBP***1

    Basic models under the MARVEL Professional brand:

MP24WBG***1
MP24WBF***1
MP24WBS***1
MP24WBP***1

    Where (*) represents a character in the model number that 
corresponds to door swing, door style, color, or marketing features and 
has no impact on the number of compartments, compartment function, 
product class, or test method.

    (4) Representations. AGA Marvel may make representations about the 
energy use of the specified basic models of its combination cooler-
refrigerator 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 Decision and Order will terminate on October 28, 2019, in 
conjunction with the compliance date of the recently published 
standards for miscellaneous refrigeration products (``MREFs''). See 81 
FR 75194 (Oct. 28, 2016). Starting on October 28, 2019, testing to 
demonstrate compliance with those standards must be performed in 
accordance with the MREF test procedure final rule. See 81 FR 46768 
(July 18, 2016) (MREF test procedure final rule) and 81 FR 49868 (July 
29, 2016) (MREF test procedure final rule correction notice).
    (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) Grant of this waiver does not release a petitioner from the

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certification requirements set forth at 10 CFR part 429.

Issued in Washington, DC, on 4/28/2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2017-09131 Filed 5-4-17; 8:45 am]
 BILLING CODE 6450-01-P