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Notice2021-24902

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

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Published

November 16, 2021

Issuing agencies

Energy Department

Abstract

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.

Full Text

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<title>Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)</title>
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[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63350-63356]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
2. Email: to <a href="/cdn-cgi/l/email-protection#b8f9ebe7efd9d1ceddcae7eaddc9cdddcbcccbf8dddd96dcd7dd96dfd7ce">[email&#160;protected]</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov/docket/EERE-2021-BT-WAV-0009">www.regulations.gov/docket/EERE-2021-BT-WAV-0009</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>.

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:
<a href="/cdn-cgi/l/email-protection#9edfcdc1c9fff7e8fbecc1ccfbefebfbedeadefbfbb0faf1fbb0f9f1e8">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#96dbfff5fef7f3fab8ddfff2f9d6fee7b8f2f9f3b8f1f9e0">[email&#160;protected]</a>.

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: <a href="/cdn-cgi/l/email-protection#3c56535452124f5f54505d5a594e7c5b595d4c4c50555d525f594f125f5351">[email&#160;protected]</a>.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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:
<a href="http://www.regulations.gov/document/EERE-2021-BT-WAV-0009-0001">www.regulations.gov/document/EERE-2021-BT-WAV-0009-0001</a>.\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 <a href="http://www.regulations.gov/docket/EERE-2021-BT-WAV-0009">www.regulations.gov/docket/EERE-2021-BT-WAV-0009</a>). 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 <a href="http://www.regulations.gov">www.regulations.gov</a>).
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.
---------------------------------------------------------------------------

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
<a href="/cdn-cgi/l/email-protection#711b1e191f5f0212191d101714033116141001011d18101f1214025f121e1c">[email&#160;protected]</a>

September 17, 2021

Via Email (<a href="/cdn-cgi/l/email-protection#c584969a92a4acb3a0b79a97a0b4b0a0b6b1b685a0a0eba1aaa0eba2aab3">[email&#160;protected]</a>)

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 <a href="http://www.regulations.gov/docket/EERE-2021-BT-WAV-0009">www.regulations.gov/docket/EERE-2021-BT-WAV-0009</a>.

---------------------------------------------------------------------------
[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
<plus-minus> 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:

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

Water in Tanks:
Fill the nutrient and supply tanks with water (72.0 <plus-minus>
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 <plus-minus> 1 [deg]F (21.1 <plus-minus> 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 <plus-minus> 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

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