[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33099-33101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15131]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-044]


Notice of Petition for Waiver of New Shunxiang Electrical 
Appliance Co., Ltd., From the Department of Energy Refrigerator, 
Refrigerator-Freezer, Freezer Test Procedures

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

ACTION: Notice of petition for waiver and request for public comments.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from New Shunxiang Electrical Appliance Co., Ltd. (``New 
Shunxiang''), seeking an exemption from specified portions of the U.S. 
Department of Energy (``DOE'') test procedure for determining the 
energy consumption of refrigerators and refrigerator-freezers under the 
regulations. New Shunxiang contends that the DOE test procedure does 
not clearly address its basic model JG50-2D1, which combines a 
compartment intended for storing wine (a cooler compartment) with a 
beverage cooler (a refrigerator compartment), and has petitioned for a 
waiver from appendix A. Although New Shunxiang did not propose an 
alternate test approach for its basic model, DOE has granted waivers 
for similar products. Therefore, DOE is considering whether to permit 
New Shunxiang to test and rate its basic model of combination cooler-
refrigerator in a manner similar to that which DOE has permitted for 
other manufacturers with similar products. DOE also solicits comments, 
data, and information concerning New Shunxiang's petition and on the 
alternate test procedure detailed in this document.

DATES: DOE will accept comments, data, and information with regard to 
the New Shunxiang petition until August 18, 2017.

ADDRESSES: You may submit comments, identified by Case Number RF-044, 
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-044] in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file 
format, and avoid the use of special characters or any form of 
encryption.
     Postal Mail: Mr. Bryan Berringer, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. RF-044, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., Room 6055, Washington, DC, 20024. Telephone: (202) 
586-6636. Please submit one signed original paper copy.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Office, Mailstop EE-5B, 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-33, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

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 consumer 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 consumer 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). A 
petitioner must include

[[Page 33100]]

in its 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). DOE may grant 
the waiver subject to conditions, including adherence to alternate test 
procedures. 10 CFR 430.27(f)(2). As soon as practicable after the 
granting of any waiver, DOE will publish in the Federal Register a 
notice of proposed rulemaking to amend its regulations so as to 
eliminate any need for the continuation of such waiver. As soon 
thereafter as practicable, DOE will publish in the Federal Register a 
final rule. 10 CFR 430.27(l).
    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. Petition for Waiver

    By email with attachment sent to DOE on October 14, 2015, New 
Shunxiang submitted a petition for waiver for its combination cooler-
refrigerator basic model JG50-2D1. In its petition, New Shunxiang 
stated that it was unclear how this product would be classified under 
DOE regulations. As indicated in New Shunxiang's submitted data, the 
product includes both a cooler (with temperatures down to 
40.2[emsp14][deg]F) and a refrigerator (with temperatures down to 
35[emsp14][deg]F). Such a basic model is subject to the existing 
refrigerator energy conservation standards for the product class that 
would apply if the model did not include a cooler compartment.\2\ Under 
DOE's regulations prior to the MREF rulemakings, both compartments of 
the basic model would be tested using a standardized compartment 
temperature of 39 degrees Fahrenheit ([deg]F). However, because the 
cooler compartment cannot reach this temperature, the basic model would 
have received no energy use rating under appendix A prior to the MREF 
rulemakings. Thus, New Shunxiang requested a waiver to test this basic 
model.
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    \2\ See the relevant 2011 guidance documents for consumer 
refrigerators and freezers available at https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/hybridwinechiller_faq3_2011-02-10.pdf and https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/hybridwinechiller_faq_2011-02-10.pdf.
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    Although New Shunxiang did not include an alternate test procedure 
for its basic model, DOE is considering whether to allow New Shunxiang 
to test and rate its combination cooler-refrigerator basic model as 
detailed in section III of this document.
    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 its 
Decision and Order in Case No. RF-022 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 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. More recently, DOE 
granted a similar waiver to AGA Marvel through an interim waiver (81 FR 
41531 (Jun 27, 2016)) and a subsequent Decision and Order (82 FR 21211 
(May 5, 2017)) under Case No. RF-045. DOE also granted the PAPRSA 
waiver through a Decision and Order on May 5, 2017 (82 FR 21209).
    DOE's recently granted waivers to PAPRSA and AGA Marvel address 
refrigeration products similar to those identified in New Shunxiang's 
petition for wavier--products combining a high-temperature compartment 
(a cooler) with a refrigerator. The waivers granted to PAPRSA and AGA 
Marvel require that the manufacturers test the cooler compartment of 
these products at a standardized compartment temperature of 
55[emsp14][deg]F instead of the prescribed 39[emsp14][deg]F. This 
temperature is consistent with the standardized compartment temperature 
for coolers established in the MREF test procedure final rule. See 81 
FR 75194. The PAPRSA and AGA Marvel waivers also require that the 
manufacturers apply a correction factor of 0.85 rather than the 0.55 
established in the MREF test procedure for determining compliance with 
refrigerator standards.
    DOE, therefore, is considering permitting New Shunxiang to test its 
product using the alternate test approach detailed in section III of 
this document. This approach is consistent with that detailed in the 
recent waiver decisions cited earlier and would require the basic model 
JG50-2D1 to be tested under the alternate approach.

III. Alternate Test Procedure

    Although New Shunxiang did not provide an alternate test procedure 
for its basic model for DOE to consider (or request an interim waiver), 
DOE is considering whether to allow New Shunxiang to test and rate its 
combination cooler-refrigerator basic model JG50-2D1 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, under this approach, the energy consumption would be 
defined in the following manner:
    If compartment temperatures are below their respective standardized 
temperatures for both test settings (according to 10 CFR part 430, 
subpart B, appendix A, section 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, section 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

    The following basic model is included in New Shunxiang's petition: 
JG50-2D1.

IV. Summary and Request for Comments

    This document announces New Shunxiang's petition for waiver from 
appendix A for its basic model of a combination cooler-refrigerator and 
seeks comment on whether the

[[Page 33101]]

company should be permitted to use the alternate test procedure 
described in this document for the identified basic model. DOE will 
consider the use of the alternate procedure in its subsequent Decision 
and Order. DOE is publishing New Shunxiang's request for a petition of 
waiver in its entirety pursuant to 10 CFR 430.27(b)(1)(iv). The 
petition contains no confidential information.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the alternate calculation methodology under 
consideration. New Shunxiang's cover email and attachment's text are 
both reproduced verbatim and are available in the docket identified in 
the ADDRESSES section in this document. See https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0002-0001 (containing 
product photographs and related information). Pursuant to 10 CFR 
430.27(d), 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 Dolly [email protected], New Shunxiang Electrical 
Appliance Co., Ltd., Zhengxing Road, Nantou, Zhongshan, Guandong, 
China. All comment submissions to DOE must include the Case No. RF-044 
for this proceeding. Submit electronic comments in 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).
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.

    Issued in Washington, DC, on July 11, 2017.
 Kathleen B. Hogan,
 Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
[FR Doc. 2017-15131 Filed 7-18-17; 8:45 am]
 BILLING CODE 6450-01-P