Notice2022-22501
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 17, 2022
Effective
October 17, 2022
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE") gives notification of a Decision and Order (Case Number 2021-004) that grants to GE Appliances, 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.
Full Text
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<title>Federal Register, Volume 87 Issue 199 (Monday, October 17, 2022)</title>
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[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62835-62839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="/cdn-cgi/l/email-protection#08495b575f69617e6d7a575a6d797d6d7b7c486d6d266c676d266f677e"><span class="__cf_email__" data-cfemail="7031232f2711190615022f221501051503043015155e141f155e171f06">[email protected]</span></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#e5a88c868d848089cbae8c818aa58d94cb818a80cb828a93"><span class="__cf_email__" data-cfemail="e4a98d878c858188caaf8d808ba48c95ca808b81ca838b92">[email protected]</span></a>.
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: <a href="http://www.energy.gov/eere/buildings/current-test-procedure-waivers">www.energy.gov/eere/buildings/current-test-procedure-waivers</a>.\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 <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.
\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
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