[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62835-62839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22501]


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DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to 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 decision and order.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notification of 
a Decision and Order (Case Number 2021-004) that grants to GE 
Appliances,

[[Page 62836]]

a Haier Company (``GEA'') a waiver from specified portions of the DOE 
test procedure for determining the energy consumption of a specified 
miscellaneous refrigeration product. Under the Decision and Order, GEA 
is required to test and rate the specified basic model of its product 
in accordance with the alternate test procedure set forth in the 
Decision and Order.

DATES: The Decision and Order is effective on October 17, 2022. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for miscellaneous refrigeration 
products located at title 10 of the Code of Federal Regulations 
(``CFR''), part 430, subpart B, appendix A that addresses the issues 
presented in this waiver. At such time, GEA must use the relevant test 
procedure for this product for any testing to demonstrate compliance 
with the applicable standards, and any other representations of energy 
use.

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: In accordance with section 430.27(f)(2) of 
title 10 of the Code of Federal Regulations (10 CFR 430.27(f)(2)), DOE 
gives notification of the issuance of its Decision and Order as set 
forth in this document. The Decision and Order grants GEA a waiver from 
the applicable test procedure at 10 CFR part 430, subpart B, appendix A 
for the specific basic model for which GEA petitioned for waiver, 
designated ``S-IGH-R'' and described as an ``In-Home Grower'', and 
provides that GEA must test and rate the product using the alternate 
test procedure specified in the Decision and Order. GEA's 
representations concerning the energy consumption of the specified 
basic models must be based on testing according to the provisions and 
restrictions in the alternate test procedure set forth in the Decision 
and Order, and the representations must fairly disclose the test 
results. Distributors, retailers, and private labelers are held to the 
same requirements when making representations regarding the energy 
consumption of the product. (42 U.S.C. 6293(c))
    Consistent with 10 CFR 430.27(j), not later than December 16, 2022, 
any manufacturer currently distributing in commerce in the United 
States products 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. 10 CFR 430.27(j). Manufacturers may also 
submit a request for interim waiver pursuant to the requirements of 10 
CFR 430.27.

Case # 2021-004

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
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 \2\ of 
EPCA 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. 81 FR 46768.
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    \1\ 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).
    \2\ 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 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 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 MREFs is set forth in the Code of Federal Regulations 
(``CFR'') at 10 CFR part 430, subpart B, appendix A, ``Uniform Test 
Method for Measuring the Energy Consumption of Refrigerators, 
Refrigerator-Freezers, and Miscellaneous Refrigeration Products'' 
(``appendix A'' or ``MREF test procedure'' for the purposes of this 
document).
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 430.27(a)(1). 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). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.
    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. 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

[[Page 62837]]

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 GEA a petition for waiver and 
interim waiver from the MREF test procedure. (GEA, No.1 at p. 1) \3\ 
Pursuant to 10 CFR 430.27(e)(i), DOE posted the petition on the DOE 
website at: www.energy.gov/eere/buildings/current-test-procedure-waivers.\4\
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    \3\ 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.
    \4\ The petition did not identify any of the information 
contained therein as confidential business information.
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    The petition addressed GEA's 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) GEA subsequently submitted 
additional correspondence to DOE in support of its petition on April 
26, 2021 \5\ and on June 2, 2021.\6\
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    \5\ This document can be found in the docket for this test 
procedure waiver under Document No. 002.
    \6\ 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 (``July 2021 Notification of Petition for Waiver''). In the July 
2021 Notification of Petition for Waiver, 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. Id. at 86 FR 35770. DOE requested 
comment on all aspects of the petition, including the suggested 
alternate test procedure and calculation methodology. Id.
    In response to the July 2021 Notification of Petition for Waiver, 
GEA submitted a comment stating that while it believed the alternate 
test procedure it had proposed would appropriately measure the energy 
consumption of its In-Home Grower, GEA proposed to use a different 
alternate test procedure that would measure all energy consumed by the 
product when tested under normal operating conditions. (GEA, No. 5 at 
pp. 1-2).

III. November 2021 Notice of 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.\7\ 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.\8\ GEA 
asserted that the In-Home Grower is fundamentally different from all 
other known miscellaneous refrigeration products. The primary assertion 
of the petition was that the basic model for which the waiver was 
requested contains design characteristics that prevent testing of the 
basic model according to the prescribed MREF test procedure. GEA stated 
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 MREF test procedure (see section 3.2 of 
appendix A as it appeared in September 2021). 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.
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    \7\ This document can be found in the docket for this test 
procedure waiver under Document No. 006.
    \8\ References to appendix A in GEA's September 2021 petition 
for waiver refer to appendix A as it appeared in the CFR at the time 
of GEA's submission. DOE amended appendix A in a final rule 
published October 12, 2021. Among other amendments, the revised 
appendix A replaces certain enumerated provisions with incorporation 
by reference to the updated industry standard Association of Home 
Appliance Manufacturers (``AHAM'') HRF-1-2019, Energy and Internal 
Volume of Consumer Refrigeration Products (``HRF-1-2019'').
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    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 correction 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 a 
correction factor of 0.55). See, for example for automatic defrost 
models, section 5.2.1.1 of appendix A as it appeared in September 
2021.\9\
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    \9\ This corresponds to Section 5.8.2.1.1 of HRF-1-2019, as 
referenced by the current version of appendix A.
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    GEA stated in its September 2021 petition for waiver 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 sought 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 as it appeared in 
September 2021. GEA instead requested to test the In-Home Grower in a 
72 [deg]F ambient condition, which it asserted 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 sought to waive the requirement in 
section 6.2.2 of appendix A as it appeared in September 2021 \10\ 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. Instead, GEA requested 
that the model be tested in the 72 [deg]F ambient condition using 
default settings.
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    \10\ This corresponds to Section 5.9.5 of HRF-1-2019, as 
referenced by the current version of appendix A.
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    Additionally, GEA sought 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

[[Page 62838]]

A as it appeared in September 2021.\11\ GEA claimed 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)
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    \11\ This corresponds to Section 5.5.6 of HRF-1-2019, as 
referenced by the current version of appendix A.
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    GEA also sought to waive the stabilization and test period 
requirements specified in sections 2.9 and 4 of appendix A as it 
appeared in September 2021, respectively.\12\ Specifically, GEA 
requested 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. (Id.)
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    \12\ These sections correspond to Sections 3.28 and 5.7 of HRF-
1-2019 as referenced by the current version of appendix A.
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    GEA's requested alternate test procedure addressed the test 
procedure requirements to be waived as discussed in the previous 
paragraphs. GEA's requested approach also included additional test 
instructions regarding setup and control settings instructions.
    Because the In-Home Grower supplies water and nutrients to plants 
during normal operation, GEA's suggested alternate test procedure 
provided instructions for filling nutrient tanks with ambient-
temperature water prior to the start of the test.
    The proposed alternate test approach also provided 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 requested 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 as it appeared in September 
2021);
    (3) A specific test period of 24 hours (in place of the test period 
described in section 4.1 of appendix A as it appeared in September 
2021);
    (4) An ambient test condition of 72 [deg]F (in place of the 
requirement in section 2.1.1 of appendix A as it appeared in September 
2021);
    (5) That no compartment temperature measurements be taken during 
the test (in place of the requirements in section 5.1 of appendix A as 
it appeared in September 2021); 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)
    On November 16, 2021, DOE published a notification that announced 
its receipt of the petition for waiver. 86 FR 63350 (``November 2021 
Notification of Petition for Waiver''). In the November 2021 
Notification of Petition for Waiver, DOE described GEA's September 2021 
petition for waiver and the suggested alternate test procedure. 
Further, DOE explained that it considers the In-Home Grower to meet the 
definition of a cooler in 10 CFR 430.2, but that it tentatively 
determined that the cooler energy conservation standards would not be 
applicable to the product.
    In the November 2021 Notification of Petition for Waiver, DOE also 
solicited comments from interested parties on all aspects of the 
petition and the specified alternate test procedure and on DOE's 
tentative conclusion that the In-Home Grower, while being a cooler, 
would not be subject to cooler energy conservation standards due to its 
unique characteristics. 86 FR 63533-63534. DOE received no comments in 
response to the November 2021 Notification of Petition for Waiver.
    For the reasons explained here and in the November 2021 
Notification of Petition for Waiver, absent a waiver, the basic model 
identified by GEA in its petition cannot be tested and rated for energy 
consumption on a basis representative of its true energy consumption 
characteristics. DOE has reviewed the recommended procedure suggested 
by GEA and concludes that it will allow for the accurate measurement of 
the energy use of the product, while alleviating the testing problems 
associated with GEA's implementation of DOE's applicable MREF test 
procedure for the specified basic models.
    Thus, DOE is requiring that GEA test and rate specified MREF basic 
model according to the alternate test procedure specified in this 
Decision and Order. Additionally, DOE has determined that while the In-
Home Grower basic model meets the cooler definition, it is not subject 
to the cooler energy conservation standards because of its unique 
characteristics, as discussed in the November 2021 Notification of 
Petition for Waiver (see 86 FR at 633543-4).

IV. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission staff concerning the GEA petition for waiver.

V. Order

    After careful consideration of all the material that was submitted 
by GEA, in this matter, it is ordered that:
    (1) GEA must, as of the date of publication of this Order in the 
Federal Register, test and rate the following MREF basic model with the 
alternate test procedure as set forth in paragraph (2):

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                   Brand                             Basic model
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Profile...................................  S-IHG-R.
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    (2) The alternate test procedure for the GEA basic model listed in 
paragraph (1) of this Order is the test procedure for MREFs prescribed 
by DOE at 10 CFR part 430, subpart B, appendix A, with the 
modifications provided below. All other requirements of appendix A and 
DOE's other relevant regulations remain applicable.
    Replace section 5.1.(f) of appendix A with modified section (f). 
Also add new sections 5.1.(g), 5.1.(h), 5.2.(c), 5.2.(d), and 5.3.(g). 
The revised and new sections shall read as follows.

5.1. Test Setup and Test Conditions

* * * * *
    (f) For a compartment with an internal rotating assembly, 
section 5.5.6 ``Temperature Measurement'' of HRF-1-2019 is not 
applicable and no compartment temperature measurements are required.
    (g) For in-home plant grower products with nutrient water 
tank(s), fill the tank(s) to maximum fill levels with water at 72 
[deg]F+/-5 [deg]F prior to start of the stabilization period.
    (h) For in-home plant grower products, the ambient temperature 
shall be 72 +/-1 [deg]F during the stabilization and test periods.

5.2. Test Conduct

* * * * *
    (c) For a compartment with an internal rotating assembly, 
testing shall be conducted using default temperature settings as 
described in product installation instructions or in a product 
control application on a connected device, in lieu of the 
temperature settings specified in Table 1 of this section. For such 
compartments, only a first test using the default setting is 
required.

[[Page 62839]]

    (d) For in-home plant grower products without defrost, the test 
period shall be a 24-hour period following an 8-hour stabilization 
period.

5.3. Test Cycle Energy Calculations

* * * * *
    (g) For plant grower products tested using the test period 
defined in section 5.2.(d) of this appendix, the test cycle energy 
shall be calculated as:

[GRAPHIC] [TIFF OMITTED] TN17OC22.013

Where:

E = total per-cycle energy consumption in kilowatt-hours per day;
1440 = conversion factor to adjust to a 24-hour average use cycle in 
minutes per day;
EP = energy expended in kilowatt-hours during the test;
T = test period duration in minutes.

    (3) Representations. GEA may not make representations about the 
energy use of a basic model listed in paragraph (1) of this Order for 
compliance or marketing, unless the basic model has been tested in 
accordance with the provisions set forth above and such representations 
fairly disclose the results of such testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 430.27.
    (5) DOE issues this waiver on the condition that the statements, 
representations, and information provided by GEA are valid. If GEA 
makes any modifications to the controls or configurations of these 
basic models, such modifications will render the waiver invalid with 
respect to that basic model, and GEA will either be required to use the 
current Federal test method or submit a new application for a test 
procedure waiver. DOE may rescind 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 a basic model's true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, GEA may request that 
DOE rescind or modify the waiver if GEA 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).
    (6) GEA remains obligated to fulfill any applicable requirements 
set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. GEA may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of the In-Home Grower. 
Alternatively, if appropriate, GEA 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 consistent with 10 CFR 430.27(g).

Signing Authority

    This document of the Department of Energy was signed on October 4, 
2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable 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 October 12, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-22501 Filed 10-14-22; 8:45 am]
BILLING CODE 6450-01-P