[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63350-63356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24902]


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DEPARTMENT OF ENERGY

[Case Number 2021-004; EERE-2021-BT-WAV-0009]


Energy Conservation Program: Notification of Petition for Waiver 
of GE Appliances, a Haier Company, From the Department of Energy 
Miscellaneous Refrigeration Products Test Procedure

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

ACTION: Notification of petition for waiver; request for comments.

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SUMMARY: This notification announces receipt of and publishes a 
petition for waiver from GE Appliances, a Haier Company, which seeks a 
waiver for a specified miscellaneous refrigeration product basic model 
from the U.S. Department of Energy (``DOE'') test procedure used for 
determining the energy consumption of these products. DOE solicits 
comments, data, and information concerning the petition and its 
suggested alternate test procedure so as to inform DOE's final decision 
on the waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before December 16, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Alternatively, 
interested persons may submit comments, identified by docket number 
EERE-2021-BT-WAV-0009, by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: to [email protected]. Include docket number 
EERE-2021-BT-WAV-0009 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing coronavirus disease 2019 (``COVID-19'') pandemic. DOE is 
currently suspending receipt of public comments via postal mail and 
hand delivery/courier. If a commenter finds that this change poses an 
undue hardship, please contact Appliance Standards Program staff at 
(202) 586-1445 to discuss the need for alternative arrangements. Once 
the COVID-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    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.
    The docket web page can be found at www.regulations.gov/docket/EERE-2021-BT-WAV-0009. The docket web page contains instruction on how 
to access all documents, including public comments, in the docket. See 
the SUPPLEMENTARY INFORMATION section for information on how to submit 
comments through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, Mailstop 
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. 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: DOE is publishing GEA's petition for waiver 
in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv).\1\ DOE invites 
all interested parties to submit in writing by December 16, 2021, 
comments and information on all aspects of the petition, including the 
alternate test procedure. 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:
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    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
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    John T. Schlafer, GE Appliances, A Haier Company, Appliance Park--
AP2-225, Louisville, KY 40225. Email: [email protected].
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. If this instruction is followed, persons viewing comments will 
see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.

[[Page 63351]]

    Submitting comments via email. Comments and documents submitted via 
email also will be posted to www.regulations.gov. If you do not want 
your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information on a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. The cover letter will not be publicly viewable as long as it 
does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. 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 via 
email two well-marked copies: One copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked ``non-confidential'' with the 
information believed to be confidential deleted. Submit these documents 
via email. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \3\ of 
EPCA, Public Law 94-163, as amended (42 U.S.C. 6291-6309, as codified), 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which, in addition to identifying particular types of 
consumer products and commercial equipment as covered under the 
statute, permits the Secretary of Energy to classify additional types 
of consumer products as covered products. (42 U.S.C. 6292(a)(20)) DOE 
added miscellaneous refrigeration products (``MREFs'') as covered 
products through a final determination of coverage published in the 
Federal Register on July 18, 2016 (the ``July 2016 Final Rule''). 81 FR 
46768. Id.
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    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6291), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    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 covered 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 any 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))
    MREFs are consumer refrigeration products other than refrigerators, 
refrigerator-freezers, or freezers. These products include coolers and 
combination cooler refrigeration products. 10 CFR 430.2. A ``cooler'' 
is a cabinet, used with one or more doors, that has a source of 
refrigeration capable of operating on single-phase, alternating current 
and is capable of maintaining compartment temperatures either: (1) No 
lower than 39 [deg]F (3.9 [deg]C); or (2) in a range that extends no 
lower than 37 [deg]F (2.8 [deg]C) but at least as high as 60 [deg]F 
(15.6 [deg]C) as determined according to the applicable DOE test 
procedure. The test procedure for MREFs is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR part 430, appendix A to subpart 
B of part 430--Uniform Test Method for Measuring the Energy Consumption 
of Refrigerators, Refrigerator-Freezers, and Miscellaneous 
Refrigeration Products (``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 consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the product type 
in a manner representative of the energy consumption characteristics of 
the basic model. 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. 10 CFR 430.27(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule to that effect. 
Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it

[[Page 63352]]

appears likely that the underlying petition for waiver will be granted 
and/or if DOE determines that it would be desirable for public policy 
reasons to grant immediate relief pending a determination on the 
underlying petition for waiver. 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)(2).
    If DOE ultimately denies the petition for waiver, DOE will provide 
a period of 180 days before the manufacturer is required to use the DOE 
test procedure to make representations of energy efficiency. 10 CFR 
430.27(i). 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)(3).

II. GEA's April 2021 Petition for Waiver and Interim Waiver

    On April 9, 2021, DOE received from GE Appliances, a Haier Company 
(``GEA'') a petition (dated April 8, 2021) for waiver and interim 
waiver from the test procedure for MREFs set forth at appendix A to 
subpart B of 10 CFR part 430. (GEA, No. 1 at p. 1) \4\ Pursuant to 10 
CFR 430.27(e)(i), DOE posted the petition on the DOE website at: 
www.regulations.gov/document/EERE-2021-BT-WAV-0009-0001.\5\
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    \4\ A notation in this form provides a reference for information 
that is in the docket for this test procedure waiver (Docket No. 
EERE-2021-BT-WAV-0009) (available at www.regulations.gov/docket/EERE-2021-BT-WAV-0009). This notation indicates that the statement 
preceding the reference is document number 1 in the docket and 
appears at page 1 of that document.
    \5\ The petition did not identify any of the information 
contained therein as confidential business information.
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    The specific basic model subject to the petition was ``S-IHG-R'', 
which GEA described as an ``In-Home Grower''--a product with lighting, 
temperature, humidity, and nutrient water control that allows the user 
to grow plants within their home year-round. GEA stated that the 
average compartment temperatures of the In-Home Grower exceed the 55 
[deg]F standardized temperature required for testing under the existing 
DOE test procedure (see section 3.2 of appendix A) and, therefore, the 
product cannot be tested using the existing test procedure. GEA also 
described characteristics of this basic model that GEA stated would 
prevent the use of certain test setup, stabilization, temperature 
control, and energy use determination requirements in appendix A. (GEA, 
No. 1 at pp. 3-4)
    In its April 8, 2021 petition, GEA submitted to DOE an alternate 
test procedure to determine the energy consumption of its In-Home 
Grower. (GEA, No. 1 at p. 6) GEA stated that its alternate test 
procedure would allow for the measurement of the energy use of this 
product where the requirements of the current DOE test procedure cannot 
be met. DOE received a follow-up correspondence from GEA on April 26, 
2021, which provided a revised alternate test procedure.\6\ DOE 
reviewed the alternate test procedure included in the April 26, 2021 
correspondence as the requested alternate test approach when making the 
initial determination on the petition for waiver and interim waiver. 
GEA also provided additional correspondence on June 2, 2021, in which 
it clarified certain aspects of the proposed alternate test procedure 
included in the April 26, 2021 submission.\7\ In the April 26, 2021, 
correspondence, GEA requested an alternate test approach in which two 
tests would be conducted for the subject basic model: one with the 
model operating as ``normal,'' and the other with the refrigeration 
system disabled to allow for identifying the energy contribution of the 
cooling system. GEA stated that the main purpose of the cooling system 
is to counteract the heat generated from the internal lighting, and 
that the requested alternate test procedure would be used to determine 
the energy consumption of the cooling system only. (GEA, No. 2 at p. 4)
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    \6\ This document can be found in the docket for this test 
procedure waiver under Document No. 002.
    \7\ This document can be found in the docket for this test 
procedure waiver under Document No. 003.
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    On July 7, 2021, DOE published a notification of petition for 
waiver and denial of an interim waiver for the alternative test 
approach described by GEA in its April 26, 2021 correspondence. 86 FR 
35766. In that notification, DOE acknowledged that, based upon GEA's 
petition, absent an interim waiver, GEA's In-Home Grower cannot be 
tested and rated for energy consumption according to the MREF test 
procedure on a basis representative of its true energy consumption 
characteristics. Id. at 86 FR 35768. However, DOE tentatively 
determined that GEA's proposed alternative test procedure would not 
result in a measurement of the energy use of the basic model that is 
representative of an average use cycle or period of use, and therefore 
the petition for waiver was unlikely to be granted as submitted. Id. 
Specifically, DOE determined that the requested test approach to 
isolate the refrigeration system energy consumption would not provide a 
representative measurement of energy use for the basic model during an 
average use cycle or period of use. 86 FR 35766, 35770. DOE requested 
comment on all aspects of the petition, including the suggested 
alternate test procedure and calculation methodology. Id.

III. GEA's September 2021 Petition for Waiver

    On September 17, 2021, GEA submitted to DOE a new petition for 
waiver (``September 2021 petition for waiver'') for the same basic 
model with a revised alternate test approach.\8\ The following two 
sections discuss specific aspects of GEA's September 2021 petition for 
waiver.
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    \8\ This document can be found in the docket for this test 
procedure waiver under Document No. 006.
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A. Requirements Sought To Be Waived

    GEA requested to waive the current test procedure, calculations, 
and accompanying conditions for testing coolers as specified in section 
6.2.2 of appendix A. GEA asserted that the In-Home Grower is 
fundamentally different from all other known miscellaneous 
refrigeration products. The primary assertion of the petition is that 
the basic model for which the waiver was requested contains design 
characteristics that prevent testing of the basic model according to 
the prescribed DOE MREF test procedure. GEA states that the In-Home 
Grower, when tested at its coldest setting in a 90 [deg]F ambient 
temperature, cannot achieve the 55 [deg]F standardized temperature 
required for the DOE MREF test procedure (see section 3.2 of appendix 
A). GEA stated that its testing in a 90 [deg]F ambient condition 
resulted in compartment temperatures of 79.90 [deg]F and 79.97 [deg]F.
    The DOE test procedure at appendix A simulates typical room 
conditions (72 [deg]F) with door openings, by testing at 90 [deg]F 
without door openings. 10 CFR 430.23(ff)(7). The test procedure 
directly measures the energy consumed during steady-state operation and 
defrosts, if applicable. Additionally, the DOE test procedure 
incorporates usage adjustment factors to account for differences in 
these user-related thermal loads for different types of consumer 
refrigeration products (i.e., MREFs are typically used less frequently 
than a primary refrigerator-freezer in a household and thus have an 
adjustment

[[Page 63353]]

factor of 0.55). See section 5.2.1.1 of appendix A.
    GEA states that there is no need to elevate the ambient temperature 
for the test to account for door openings and loads because the In-Home 
Grower has a very low number of door openings and, after the initial 
loading with plants, will typically not have additional loads 
introduced. GEA seeks to waive the requirement for testing the In-Home 
Grower at a 90 [deg]F ambient condition. See section 2.1.1 of appendix 
A. GEA instead requests to test the In-Home Grower in a 72 [deg]F 
ambient condition, which it asserts better represents typical use of 
the product. GEA further stated that testing at a 72 [deg]F ambient 
with the product temperature set to 60 [deg]F (the minimum temperature 
set point) yields compartment temperatures between 59.15 and 61.41 
[deg]F. GEA also seeks to waive the requirement in section 6.2.2 of 
appendix A that performance be calculated at a standardized compartment 
temperature of 55 [deg]F, since the In-home Grower is not capable of 
maintaining the 55 [deg]F standardized compartment temperature 
specified in appendix A. Instead, GEA requests that the model be tested 
in the 72 [deg]F ambient condition using default settings.
    Additionally, GEA seeks to waive the existing DOE test procedure 
requirement to measure the internal compartment temperatures of the 
unit under test. See section 5.1 of appendix A. GEA claims that the 
rotation of the compartments significantly increases the test burden of 
temperature measurements, as the thermocouple wires would require a 
customized testing setup to avoid tangling of the wires and movement of 
the temperature masses. Under GEA's requested approach, compartment 
temperature measurements would not be necessary because no 
interpolation would be made to reflect performance at the standardized 
55 [deg]F compartment temperature. (GEA, No. 6 at p. 4)
    GEA also seeks to waive the stabilization and test period 
requirements specified in sections 2.9 and 4 of appendix A, 
respectively. Specifically, GEA requests an 8-hour stabilization period 
(the duration of each rotation) and 24-hour test period (the duration 
of one full rotation) based on the rotation of the internal 
compartments, rather than based on compressor cycling as specified in 
appendix A. (GEA, No. 6 at p. 4)

B. Requested Alternate Test Procedure

    GEA seeks to use an alternate test procedure to test and rate a 
specific MREF basic model. GEA's requested alternate test procedure 
addresses the test procedure requirements to be waived as discussed in 
the previous section of this document. GEA's requested approach also 
includes additional test instructions regarding setup and settings 
instructions.
    Because the In-Home Grower supplies water and nutrients to plants 
during normal operation, GEA's suggested alternate test procedure 
provides instructions for filling nutrient tanks with ambient-
temperature water prior to the start of the test.
    The proposed alternate test approach also provides instructions for 
product settings, as the suggested test procedure would not be based on 
the product maintaining compartment temperature to the 55 [deg]F 
standardized compartment temperature specified in appendix A. 
Specifically, GEA requests that the In-Home Grower be controlled via 
use of an application on a connected device and that the product be 
operated using default settings.
    In summary, GEA's suggested alternate test procedure would measure 
the daily energy consumption of the basic model by providing:
    (1) Directions for filling the nutrient water tanks with water at 
ambient temperature;
    (2) A specific stabilization period of 8 hours (in place of the 
requirements of section 2.9 of appendix A);
    (3) A specific test period of 24 hours (in place of the test period 
described in section 4.1 of appendix A);
    (4) An ambient test condition of 72 [deg]F (in place of the 
requirement in section 2.1.1 of appendix A);
    (5) That no compartment temperature measurements be taken during 
the test (in place of the requirements in section 5.1 of appendix A); 
and
    (6) That the product be controlled using an application from a 
connected device and operated using default settings. (GEA, No. 6 at p. 
6)

IV. DOE Response and Request for Comments

    As the September 17, 2021 petition is for the same basic model that 
is the subject of the petition addressed in the July 7, 2021 Federal 
Register notification, DOE is treating the September 17, 2021 petition 
as an amendment to the prior petition. DOE reiterates its determination 
from the July 7, 2021 notification that based on GEA's description of 
the In-Home Grower, the basic model meets the definition of a cooler in 
10 CFR 430.2 for the following reasons:
    1. The product consists of a cabinet used with one or more glass 
doors, as specified by GEA; and
    2. The product maintains compartment temperatures no lower than 39 
[deg]F, as determined when tested in a 90 [deg]F ambient temperature, 
as GEA specified that the compartment temperatures measured 79.90 
[deg]F and 79.97 [deg]F under these conditions at the minimum 
temperature setting.

86 FR 35766, 35768.
    The definition for cooler at 10 CFR 430.2 does not reference a 
specific design intent (such as storage of food or beverages) and does 
not require that the product be capable of maintaining a compartment 
temperature of 55 [deg]F when tested in a 90 [deg]F ambient 
temperature. Id. While DOE maintains its determination that the subject 
basic model meets the definition of a cooler in 10 CFR 430.2, DOE 
acknowledges the significant differences between this basic model and 
typical MREFs (and more specifically, coolers).\9\ Based on the product 
design and operation details provided by GEA, DOE has tentatively 
determined that the basic model under consideration is substantially 
different than the coolers considered in the analysis used to develop 
the current cooler standards. DOE considered products for which the 
refrigeration systems were the main source of energy consumption, and 
in these products the primary purpose of the refrigeration system is to 
remove heat that enters the cooler compartment from the outside (i.e., 
through the walls of the cabinet) in order to maintain the compartment 
at a temperature lower than the ambient temperature (see chapter 3 of 
the technical support document to the 2016 direct final rule, document 
number EERE-2011-BT-STD-0043-0118 found online at www.regulations.gov). 
However, the GEA basic model under question includes an array of lights 
that are used to facilitate plant growth, but which generate heat, such 
that the primary purpose of the refrigeration system is to remove heat 
that is generated internally within the compartment in order to 
maintain the compartment at approximately the same temperature as the 
ambient temperature. Based on this difference in function from the 
other cooler products addressed by DOE's regulations, the

[[Page 63354]]

design changes that would improve the efficiency of the subject basic 
model (e.g., reducing lighting energy use, improving heat transfer 
through the cabinet walls to allow heat to be more easily transferred 
out of the cabinet) are significantly different than those considered 
for coolers during the 2016 rulemaking analysis (e.g., increasing 
refrigeration system efficiency, improving cabinet insulation to reduce 
heat transfer through the cabinet walls). Therefore, DOE has 
tentatively determined that the current cooler energy conservation 
standards are not applicable to the subject basic model.
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    \9\ GEA stated in its September 17, 2021, petition for waiver 
that the subject basic model is fundamentally different from all 
other known MREFs. Specifically, GEA stated that: (1) The product 
has a fundamentally different purpose than other MREFs, which are 
for cooling and storing beverages and food; (2) the primary purpose 
of the refrigeration system in the product is humidity control; (3) 
because the product operates at or near ambient temperature, the 
product is uninsulated, unlike all other known MREFs, which are 
insulated; and (4) the product contains grow lighting, which both 
consumes energy and adds heat to the product.
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    This approach is not dissimilar from prior actions taken by DOE to 
address products or equipment that had not been contemplated under the 
regulatory framework set out by DOE. For example, in the case of 
commercial refrigeration equipment, DOE has previously indicated that 
salad bars, buffet tables, and other refrigerated holding and serving 
equipment meet the definition of commercial refrigeration equipment. 
But these equipment operate in a unique manner compared to the other 
commercial refrigeration equipment that DOE considered when 
establishing its test procedures and standards. Nevertheless, DOE has 
determined that salad bars, buffet tables, and other refrigerated 
holding and serving equipment are covered as commercial refrigeration 
equipment, but that the current energy conservation standards do not 
apply to them. 79 FR 22277, 22281 (April 21, 2014).
    DOE's 2009 beverage vending machines (``BVM'') energy conservation 
standards rulemaking and the 2007 distribution transformer energy 
conservation standards rulemaking are also examples of prior instances 
where DOE determined that covered products or equipment would not be 
subject to standards due to their unique design or operation. 81 FR 
44914, 44920 (Aug. 31, 2009); 72 FR 58190, 58197 (Oct. 12, 2007).
    When DOE initially considered energy conservation standards for 
BVMs, DOE did not consider combination vending machines as a separate 
equipment class, but instead considered that equipment with all other 
Class A and Class B BVMs. DOE later recognized that combination vending 
machines offered a distinct utility (i.e., storage and vending of 
refrigerated and unrefrigerated merchandise) and concluded that those 
machines were a separate class of BVMs. DOE decided to not set 
standards for the equipment class at that time and reserved standards 
for combination vending machines (indicating that the Class A and Class 
B BVM standards were not applicable to combination vending machines) 
and modified the definition of Class A and Class B BVMs to accommodate 
a definition for combination vending machines. 74 FR 44914, 44920 (Aug. 
31, 2009).
    Similarly, in the 2007 energy conservation standards rulemaking for 
distribution transformers, DOE clarified that although underground 
mining distribution transformers are within the scope of coverage, it 
recognized that mining transformers were subject to unique and extreme 
dimensional constraints that impacted their efficiency and performance 
capabilities and did not establish energy conservation standards for 
underground mining transformers. In the final rule, DOE established a 
separate equipment class for mining transformers with the intent to 
develop the analysis required to establish an appropriate energy 
conservation standard in the future. 72 FR 58190, 58197 (Oct. 12, 
2007). DOE later reached a similar conclusion in 2013 when it decided 
again not to establish standards for mining distribution transformers. 
78 FR 23336, 23353-23354 (Apr. 18, 2013).
    Accordingly, in light of these examples, DOE's tentative views with 
respect to the applicability of standards to the products at issue are 
consistent with its past approach in addressing novel products and 
equipment.
    DOE understands, based upon GEA's petition, that absent a waiver, 
GEA's In-Home Grower cannot be tested and rated for energy consumption 
according to the MREF test procedure on a basis representative of its 
true energy consumption characteristics.
    DOE has reprinted the September 17, 2021 petition for waiver, 
including the suggested alternate test procedure, at the end of this 
notification. DOE may consider including this alternate procedure, or a 
modified version of this alternate procedure, in a subsequent Decision 
and Order. DOE solicits comments from interested parties on all aspects 
of the petition, including the suggested alternate test procedure.

Signing Authority

    This document of the Department of Energy was signed on November 9, 
2021, by Kathleen B. Hogan, Acting Under Secretary for Science and 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on November 9, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
John Schlafer
Senior Counsel
Appliance Park--AP2
Louisville, KY 40225
T: (502) 452-7603
[email protected]

September 17, 2021

Via Email ([email protected])

Ms. Lucy deButts
U.S. Department of Energy
Office of Energy Efficiency and Renewable Energy
Building Technologies Office
1000 Independence Avenue SW
Mailstop EE-5B
Washington, DC 20585-0121

Re: Petition for Waiver Regarding Test Procedures for Measuring the 
Energy Consumption of an In-Home Grower Product

    Dear Ms. deButts: GE Appliances, a Haier company (GEA) respectfully 
submits this Petition for Waiver requesting an alternate test procedure 
from the Department of Energy's (DOE) test procedure for Miscellaneous 
Refrigeration Products in 10 CFR 430 Subpart B, Appendix A. GEA's 
request is for a new product that allows users to grow plants within 
their home the entire year, known as an In-Home Grower. The product is 
designed to be used in an indoor, temperature-controlled environment 
with room temperatures from 60 [deg]F to 80 [deg]F. The product 
provides the lighting, temperature and humidity control, and nutrient 
water to grow an array of plants. As detailed below, there are numerous 
reasons that the existing DOE miscellaneous refrigeration products test 
procedures is not appropriate or impossible to use for the In-Home 
Grower.

1. About GE Appliances

    GEA is a leading US manufacturer of home appliances. GEA offers a 
full suite of major appliances across seven brands as well as portable 
appliances. GEA has been a participant in and contributor to the DOE's 
home appliance energy conservation program since its founding more than 
40 years ago. Indeed, GEA

[[Page 63355]]

supports the goal of the appliance efficiency program: Maximizing 
energy savings improvements that offer consumers real economic benefits 
and that do not diminish product performance. GEA devotes substantial 
resources to the development of new technologies to increase energy 
efficiency where they are feasible and engineering products to meet the 
demanding DOE energy efficiency requirements. GEA manufactures a 
substantial portion of its refrigerator products at its manufacturing 
facilities in Louisville, KY, Decatur, AL, and Selmer, TN. The products 
covered by this waiver request will be manufactured in the United 
States.

2. Basic Models for Which a Waiver Is Requested

    There is no existing Product Class for the In-Home Grower. The 
Basic Model is S-IHG-R. The basic model will be distributed in commerce 
under the brand name ``Profile''.
    The In-Home Grower allows the user to grow plants within their home 
year-round. The product provides the lighting, temperature and humidity 
control and nutrient water needed to grow an array of plants. The 
product is designed to be in a controlled environment with room 
temperature from 60 to 80 [deg]F.
    The product has a circular grow tower that is in the center of the 
product. The tower is divided into three equal-sized vertical sections, 
each comprising \1/3\rd of a circular cross section (see Figure 1 
below).\10\
---------------------------------------------------------------------------

    \10\ Product images provided with petition may be found at 
Docket No. EERE-2021-BT-WAV-0009 at www.regulations.gov/docket/EERE-2021-BT-WAV-0009.

---------------------------------------------------------------------------
[Figure]

    Figure 1. Top View of In-Home Grower.
    On each of the three sides of the tower are gardens. The three 
sides of the tower meet up with the curved interior walls of the 
product cabinet to create three chambers within the product. The tower 
rotates every eight hours. Each time the tower rotates, a section of 
the tower enters a new chamber. The front chamber is called the display 
chamber. This is the side of the garden the owner will see through the 
front glass doors. In the display chamber, there is no grow lighting. 
The back right and back left chambers are individually controlled for 
grow lighting, temperature, and humidity.
    The product is primarily controlled by a smart-phone application 
and connection to the app is obtained through WiFi networking 
capabilities built into the product.
    The grow lighting in the product is LED lighting. The lighting 
systems uses lamps with a variety of color spectrums. The selection and 
layout of these lamps is designed to optimize plant growth while 
minimizing energy consumption.
    The product utilizes a vapor-compression cooling system that is 
primarily intended to control humidity in the product, but which also 
removes excess heat generated by the grow-lighting system in the rear 
two chambers.

3. Design Characteristic Constituting Grounds for the Petition

    There are multiple reasons why the existing MREF test procedure at 
10 CFR 430 Subpart B, Appendix A is either impossible to use or 
inappropriate to use for the In-Home Grower.
    a. Even at the product's coldest setting, the internal compartment 
temperature does not reach the reference temperature of 55 [deg]F for a 
miscellaneous refrigeration product when it is run in a 90 [deg]F 
ambient. Per Table 1 in 10 CFR 430 Subpart B, Appendix A, Section 
3.2.1.3, when this condition occurs, ``No Energy Use Rating can be 
established under the existing test procedure''. Therefore, 
interpolation to 55 [deg]F is not possible, and the existing DOE 
interpolation method cannot be used to establish a test result.
    b. There is no need to test at an elevated ambient temperature to 
account for door openings and loading as is the case with the current 
DOE miscellaneous refrigeration products test procedure. This is true 
for the following reasons.
    i. The In-Home Grower is designed to operate with an internal 
temperature between 60 [deg]F and 80 [deg]F.
    ii. Once loaded with plants, there are a minimal amount of door 
openings as the product is intended to grow the plants until they are 
grown and ready for use.
    iii. Since the internal temperatures are closer to the ambient 
temperature, any door openings that did occur would only result in 
minimal heat addition to the interior.
    c. The product has rotating compartments which makes taking 
internal temperature measurements burdensome if not impossible. 
Thermocouple wires for refrigeration tests run from inside the unit 
being tested to a panel box affixed to a wall. The internal 
compartments of the In-Home Grower rotate during operation. Unique 
fixtures and test setup would be required to avoid tangling of the 
wires, movement of the thermocouples, or pulling the wires out of the 
panel box.
    d. The test procedure lacks appropriate setup provisions for this 
remotely controlled product that requires initial cycle selection and 
activation.
    e. The product is fundamentally different from all other known 
miscellaneous refrigeration products. These differences include, but 
are not limited to, the following.
    i. The product has a fundamentally different purpose than other 
miscellaneous refrigeration products, which are for cooling and storing 
beverages and food.
    ii. The primary purpose of the refrigeration system in the product 
is humidity control.
    iii. Because the product operates at or near ambient temperature, 
the product is uninsulated. This is unlike all other known 
miscellaneous refrigeration products, which are insulated.
    iv. The product contains grow lighting, which both consumes energy 
and adds heat to the product.

4. Requirements Sought To Be Waived

    GEA seeks to replace the current test procedure in Appendix A for 
Coolers, section 6.2.2, with the accompanying test conditions specified 
in Exhibit A, attached, for the In-Home Grower.
    Instead of a 90 [deg]F ambient, GEA has specified a 72 [deg]F 
 1.0 [deg]F ambient for the testing. This is representative 
of usage as the product is designed to be placed in an indoor, 
conditioned space with an ambient between 60 and 80 [deg]F. Also, as 
stated above, there is no need to elevate the ambient for the test to 
account for door openings and loads as the product has a very low 
number of door openings and, after the initial loading with plants, 
will typically not have additional loads introduced.
    The proposed test procedure does not have internal temperature 
measurements. Based on internal testing in a 90 [deg]F environment, the 
internal temperatures of the two controlled compartments, at its 
coldest setting were 79.90 [deg]F and 79.97 [deg]F, well above the 55 
[deg]F reference temperature of the DOE MREF test procedure. Also, the 
rotation of the compartments significantly increases the test burden of 
temperature measurements as the thermocouple wires would require a 
setup to avoid tangling of the wires and movement of the temperature 
masses.
    This product has no defrosting capabilities and can be tested 
similarly to a non-automatic defrost refrigerator. In order to capture 
a complete cycling of the growing chambers, GEA is proposing a test 
that has an 8-hour

[[Page 63356]]

stabilization period followed by a 24-hour test period. The growing 
chambers rotate 120[deg] every 8 hours. This comprises one rotation for 
stability and three rotations for the test period.

5. Manufacturers of All Other Basic Models With Similar Design 
Characteristics

    To GEA's knowledge, there are no products of this type in the 
marketplace.

6. Notice to Other Manufacturers

    Pursuant to 10 CFR 430.27(c)(2), upon publication of this Petition 
for Waiver, GEA will notify in writing all known manufacturers of 
domestically marketed basic models of the same product class (as 
specified in 10 CFR 430.32) and of other product classes known to the 
petitioner to use the technology or have the characteristic at issue in 
the waiver. The notice will include a statement that DOE has published 
the Petition for Waiver in the Federal Register and the date the 
Petition for Waiver was published. The notice will also include a 
statement that DOE will receive and consider timely written comments on 
the petition for waiver. Within five working days of publication of 
this Petition for Waiver, GEA will file with DOE a statement certifying 
the names and addresses of each person to whom a notice of the petition 
for waiver was sent.

7. Conclusion

    GEA respectfully requests that DOE grant this Petition for Waiver 
from the current test procedure for the specified basic models.

Very truly yours,
/s/
John T. Schlafer

Attachments:
Exhibit A--Alternate Test Procedure

Exhibit A--Alternate Test Procedure for In-Home Grower

    Energy Consumption is Determined by the Formula:
E = EP * 1440/T

Where:

 E is the test cycle energy (kWh/day)
 1440 = number of minutes in a day
 EP is the energy expended during three full rotations of 
the growing chambers (kWh)
 T is the length of time for EP (minutes)

    Water in Tanks:
    Fill the nutrient and supply tanks with water (72.0  
5.0 [deg]F) prior to start of the stabilization period.
    Stabilization:
    The test shall start after a minimum 8-hour stabilization run for 
each temperature control setting. This constitutes one rotation of the 
growing chambers.
    Ambient Temperature:
    Measure and record the ambient temperature at points located 3 feet 
(91.5 cm) above the floor and 10 inches (25.4 cm) from the center of 
the two sides of the unit under test. The ambient temperature shall be 
72.0  1 [deg]F (21.1  0.6 [deg]C) during the 
stabilization period and the test period.
    Compartment Temperature Measurements:
    No compartment temperature measurements are taken during the 
stabilization and test period.
    Test Procedure:
    Run the test using the SmartHQ App

1. Download the SmartHQ app on a connected device
2. Select ``Connect Appliance'' and then ``In Home Grower''
3. Follow the procedures per the SmartHQ app to set up the appliance.
4. Fill the nutrient and supply tanks with 72.0  5.0 [deg]F 
water.
5. Select ``Let's Start Planting'' from the main screen.
6. Select Garden 1 from the ``Select Garden'' screen
    a. Select the ``Default'' growing region.
    b. Select ``Next'' at the bottom of the screen
7. At the screen titled ``What do you want to plant in Garden x?'', 
select ``Choose Later''
8. Repeat this process for Garden 2 and Garden 3.
9. Select ``Start the Growing Cycle''
10. The first rotation (8 hours) is the stabilization period.
11. The next three rotations (24 hours) is the period where EP and T 
data are taken.

[FR Doc. 2021-24902 Filed 11-15-21; 8:45 am]
BILLING CODE 6450-01-P