[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Notices]
[Pages 36386-36387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16447]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-047]


Extension of Waiver to Panasonic Appliances Refrigeration Systems 
Corporation of America (PAPRSA) From the Department of Energy Consumer 
Refrigerator and Refrigerator-Freezer Test Procedures

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

ACTION: Extension of waiver.

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SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver 
extension (Case No. RF-047) to Panasonic Appliances Refrigeration 
Systems Corporation of America (``PAPRSA'') to waive the requirements 
of the DOE refrigerator and refrigerator-freezer test procedures for 
determining the energy consumption of a specific combination cooler-
refrigerator basic model, PR5181WBC. Under this extension, PAPRSA is 
required to test and rate this basic model 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 extension of waiver applies starting on August 4, 2017.

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].
    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: In accordance with 10 CFR 430.27(g), DOE 
gives notice of the issuance of its extension of waiver as set forth 
below. The extension of waiver grants PAPRSA a waiver from the 
applicable consumer refrigerator and refrigerator-freezer test 
procedures found in 10 CFR part 430, subpart B, appendix A for 
combination cooler-refrigerator basic model, PR5181WBC, provided that 
PAPRSA tests and rates the basic model using the alternate test 
procedure described in this notice. This extension 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 extension below, and the representations fairly disclose 
those 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).

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 
1975, as amended (``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 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 refrigerators and refrigerator-freezers is set forth 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

[[Page 36387]]

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.
    A petitioner may request that DOE extend the scope of a waiver or 
an interim waiver to include additional basic models employing the same 
technology as the basic model(s) set forth in the original petition. 
DOE will publish any such extension in the Federal Register. 10 CFR 
430.27(g).

II. PAPRSA's Extension of Waiver: Assertions and Determinations

    DOE issued a Decision and Order, in Case No. RF-022, granting 
PAPRSA \2\ a waiver to test hybrid wine chiller/beverage center basic 
models (77 FR 49443 (August 16, 2012)). That waiver was extended to 
include additional basic models in Case Nos. RF-031 (78 FR 57139 
(September 17, 2013)) and RF-041 (79 FR 55769 (September 17, 2014)). In 
Case No. RF-043, DOE issued an Order rescinding the Orders in Case Nos. 
RF-022, RF-031, and RF-041 due to erroneous formulae and reference to 
an obsolete DOE test procedure. That Order granted an interim waiver 
that covered all the basic models that were subject to the previous 
Orders, and one additional basic model for which PAPRSA had requested a 
waiver extension (81 FR 4270 (January 26, 2016)). Most recently, DOE 
issued a Decision and Order granting a waiver to all the basic models 
that had been subject to the interim waiver (82 FR 21209 (May 5, 
2017)). The waiver required PAPRSA to test and rate the specified basic 
models 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.
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    \2\ The waiver was originally issued to Sanyo E&E Corporation, 
which has since changed its corporate name to PAPRSA.
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    On May 3, 2017, PAPRSA requested an extension of that waiver, under 
10 CFR 430.27(g), to a new basic model, PR5181WBC, that employs the 
same technology as the basic models set forth in the original petition 
for waiver. Specifically, PAPRSA states that basic model PR5181WBC 
employs the same wine compartment--beverage compartment technology and 
design characteristics as the basic models for which the original 
waiver was granted. That basic model achieves a wine-chiller 
compartment average temperature of 50 [deg]F using a heater that 
prevents the wine-chiller compartment temperature from sinking below 42 
[deg]F. DOE is publishing at the end of this notice PAPRSA's request 
for extension of waiver in its entirety.

III. Order

    After careful consideration of all the material submitted by 
PAPRSA, it is ordered that:
    (1) The request for extension of waiver submitted by the Panasonic 
Appliances Refrigeration Systems Corporation of America (Case No. RF-
047) is hereby granted as set forth in the paragraphs below.
    (2) PAPRSA must test and rate the PAPRSA basic models specified in 
paragraph (3) using 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-TW1)/(TW2-TW1)]) 
x 0.85 + IET

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

EFreshFood Compartment = (ET1 + [(ET2-ET1) x (39 [deg]F-TBC1)/(TBC2-
TBC1)]) x 0.85 + IET.

    (3) This Order only applies to basic model PR5181WBC.
    (4) Representations. PAPRSA may make representations about the 
energy use of its combination cooler-refrigerator product for 
compliance, marketing, or other purposes only to the extent that such 
products have been tested in accordance with the provisions above and 
such representations fairly disclose the results of such testing.
    (5) This Order will terminate on October 28, 2019, in conjunction 
with the compliance date that applies to the recently published 
standards for miscellaneous refrigeration products (``MREFs''). See 81 
FR 75194 (Oct. 28, 2016). 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) Granting of this extension does not release a petitioner from 
the certification requirements set forth at 10 CFR part 429.

    Issued in Washington, DC, on July 28, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2017-16447 Filed 8-3-17; 8:45 am]
BILLING CODE 6450-01-P