[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11743-11745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05366]


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DEPARTMENT OF ENERGY

[Case No. RF-044]


Notice of Decision and Order Granting a Waiver to New Shunxiang 
Electrical Appliance Co., Ltd., From the Department of Energy 
Refrigerator, Refrigerator-Freezer, Freezer Test Procedure

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

ACTION: Notice of decision and order.

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SUMMARY: This notice announces a Decision and Order granting to New 
Shunxiang Electrical Appliance Co., Ltd., (``New Shunxiang'') a waiver 
from specified portions of the DOE test procedure for determining the 
energy consumption of specified refrigerator and refrigerator-freezer 
basic models. New Shunxiang is required to test and rate the specified 
basic model of its combination cooler refrigeration product in 
accordance with the alternate test procedure described in the Decision 
and Order.

DATES: This Decision and Order is effective on March 16, 2018.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1604. 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:  On October 14, 2015, New Shunxiang 
submitted a petition for waiver from the applicable refrigerator and 
refrigerator-freezer test procedure set forth in 10 CFR part 430, 
subpart B, appendix A (``Appendix A''). On July 19, 2017, DOE published 
a notice announcing its receipt of the petition for waiver from New 
Shunxiang. 82 FR 33099. In that notice, DOE also solicited comments 
from interested parties on all aspects of the petition and specified an 
alternate test procedure that DOE was considering to require New 
Shunxiang to follow for testing and certifying the specific basic 
models for which New Shunxiang requested a waiver. Id. (New Shunxiang 
did not seek an interim waiver from the test procedure.) On March 16, 
2018, DOE publishes the notice announcing a Decision and Order granting 
a waiver to New Shunxiang.

    Issued in Washington, DC, on March 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #RF-044

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. Title III, Part B 
\2\ of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, a program that includes consumer 
refrigerators and refrigerator-freezers. (42 U.S.C. 6292(a)(1)) Under 
EPCA, DOE's energy conservation program consists essentially of four 
parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures.
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of that product (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the product complies with relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that test procedures prescribed or 
amended under this section must be reasonably designed to produce test 
results which reflect the energy efficiency, energy use or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and requires that test procedures 
not be 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 (``Appendix A'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy or water consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id.

II. New Shunxiang's Petition for Waiver: Assertions and Determinations

    By email with attachment sent to DOE on October 14, 2015, New 
Shunxiang submitted a petition for waiver for its combination cooler 
refrigeration product basic model JG50-2D1. In its petition, New 
Shunxiang stated that it was unclear to it as to how this product would 
be classified under DOE's regulations. As indicated in New Shunxiang's 
submitted data, the product includes both a cooler (which can reach 
temperatures down to 40.2 degrees Fahrenheit ([deg]F)) and a 
refrigerator (which can reach temperatures down to 35[emsp14][deg]F). 
Such a basic model is subject to the existing refrigerator energy 
conservation standards for the product

[[Page 11744]]

class that would apply if the model did not include a cooler 
compartment.\3\
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    \3\ 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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    Subsequent to the submission of New Shunxiang's petition, DOE 
issued a final rule that, among other things, established test 
procedures for miscellaneous refrigeration products (``MREFs''), which 
includes coolers and combination cooler refrigeration products. 81 FR 
46768 (July 18, 2016); 81 FR 49868 (July 29, 2016). The final rule also 
added new definitions to DOE's regulations, including for cooler-
refrigerator and combination cooler refrigeration products, and amended 
the definition of refrigerator. 81 FR 46791-46792. Under the new and 
amended definitions, the basic model for which New Shunxiang seeks a 
waiver currently meets the definition of both combination cooler 
refrigeration product and refrigerator, and the basic model will 
continue to meet the definition of refrigerator until October 28, 2019, 
the compliance date of standards for MREFs, including combination 
cooler refrigeration products. Id.
    The amended test procedure adopted in the final rule contains 
provisions specific to combination cooler refrigeration products, 
including a standardized cooler compartment temperature of 
55[emsp14][deg]F and a correction factor of 0.55. However, a prefatory 
note to Appendix A states that use of these provisions for 
representations of energy use for combination cooler refrigeration 
products is not required until the compliance date of any energy 
conservation standards for these products, October 28, 2019. 81 FR 
46795. As explained in the July 2016 final rule, prior to the 
compliance date of the MREF energy conservation standards, combination 
cooler refrigeration products, including the product identified in New 
Shunxiang's petition, are subject to the energy conservation standards 
for refrigerators based on testing according to relevant test procedure 
waivers. 81 FR 46771.
    DOE granted a waiver for products similar to those identified in 
New Shunxiang's petition for wavier--products combining a high-
temperature compartment (a cooler) with a refrigerator--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; September 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 an interim waiver (81 FR 4270) under Case 
No. RF-043 to correct these known issues. In May 2017, DOE issued a 
Decision and Order granting PAPRSA with a waiver. See 82 FR 21209 (May 
5, 2017). 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; June 27, 2016) and a 
subsequent Decision and Order (82 FR 21211; May 5, 2017) under case RF-
045.
    While the recent amendments to Appendix A include provisions 
designed to test for compliance with the combination cooler 
refrigeration product standards, such compliance is not yet required. 
The basic models for which DOE most recently granted waivers to PAPRSA 
and AGA Marvel are still required to comply with the energy 
conservation standards for refrigerators. DOE determined in previous 
waivers that a correction factor of 0.85 is appropriate to account for 
the thermal load from loading warm items and from door openings in 
these products when subject to the current refrigerator energy 
conservation standards. Thus, the PAPRSA and AGA Marvel waivers 
effectively required that the manufacturers test the basic models using 
the test procedure specified for combination cooler refrigeration 
products,\4\ with one exception. The waivers required that the 
manufacturers apply a correction factor of 0.85 rather than the 0.55 
established in the MREF test procedure for combination cooler 
refrigeration products.
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    \4\ Waivers granted prior to the effective date of recent 
amendments to Appendix A specified a standardized temperature of 
55[emsp14][deg]F for cooler compartments. The more recent waivers do 
not specify this, as it is included in the amended test procedure as 
applied to combination cooler refrigeration products.
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    DOE published a notice on July 19, 2017, announcing receipt of New 
Shunxiang's petition for waiver (hereafter ``notice of petition for 
waiver''). 82 FR 33099. DOE received no comments in response to the 
notice of petition for waiver. DOE has determined that applying the DOE 
test procedure to the basic model of combination cooler refrigeration 
product listed in New Shunxiang's petition for waiver (i.e., basic 
model JG50-2D1) would yield results unrepresentative of the efficiency 
of that product in use.
    In this Decision and Order, DOE is requiring that New Shunxiang 
test and rate the combination cooler refrigeration product for which it 
has requested a waiver according to the alternate test procedure 
specified in this Decision and Order, which is identical to that 
proposed in the notice of petition for waiver.
    In its petition, New Shunxiang sought a test procedure waiver for a 
single basic model. This Decision and Order is applicable only to the 
basic model listed and does not extend to any other basic models.
    Consistent with 10 CFR 430.27(j), not later than 60 days after 
March 16, 2018 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 a product in commerce 
in the United States must petition for and be granted a waiver prior to 
the distribution in commerce of that product in the United States. 
Manufacturers may also submit a request for interim waiver pursuant to 
the requirements of 10 CFR 430.27.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission (``FTC'') staff concerning the New Shunxiang 
petition for waiver. The FTC staff did not have any objections to 
granting a waiver to New Shunxiang.

IV. Order

    After careful consideration of all the material that was submitted 
by New Shunxiang, DOE grants a waiver regarding the basic model 
specified below. Therefore, in accordance with 10 CFR 430.2, it is 
ordered that:
    (1) New Shunxiang must test and rate the following New Shunxiang 
basic model as set forth in paragraph (2) of this section: JG50-2D1.
    (2) The alternate test procedure for the basic model specified in 
paragraph (1) of this section is the test procedure for

[[Page 11745]]

combination cooler refrigeration products specified in 10 CFR part 430, 
subpart B, appendix A, with the exception that New Shunxiang must 
calculate energy consumption using a correction factor (``K-factor'') 
of 0.85, instead of the prescribed 0.55.
    (3) Representations. New Shunxiang must make representations about 
the energy use of the specified basic model identified in paragraph (1) 
of this section for compliance, marketing, or other purposes only to 
the extent that such product has been tested in accordance with the 
provisions outlined above and such representations fairly disclose the 
results of such testing in accordance with 10 CFR part 430, subpart B, 
appendix A and 10 CFR 429.14.
    (4) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27. This Decision and Order will terminate on 
October 28, 2019, in conjunction with the compliance date of the 
recently published standards for MREFs. 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.
    (5) 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 model's true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, New Shunxiang may 
request that DOE rescind or modify the waiver if New Shunxiang 
discovers an error in the information provided to DOE as part of its 
petition, determines that the waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2). If New Shunxiang believes 
that a test method other than that specified in this Decision and Order 
provides representative results and is less burdensome, New Shunxiang 
may submit a request for modification under 10 CFR 430.27(k)(2) that 
explains why DOE should adopt the test procedure submitted by New 
Shunxiang and addresses the reasons for DOE's modifications provided in 
this Decision and Order.
    (6) Granting of this waiver does not release New Shunxiang from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on March 9, 2018.

Kathleen B. Hogan,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2018-05366 Filed 3-15-18; 8:45 am]
 BILLING CODE 6450-01-P