Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Notice of Granting the Application for Interim Waiver of Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, 16760-16763 [2011-7089]
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16760
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices
Sub-recommendation 4—Amend 10
CFR Part 830 by incorporating the
revised version of DOE Standard 3009–
94 into the text as a requirement,
instead of as a safe harbor cited in Table
2.
The purpose of a ‘‘safe-harbor’’ is to
provide a standard methodology that, if
followed, will provide credible analyses
and adequate safety. Nothing in the
concept implies that ‘‘safe-harbor’’
methodologies are the only way to meet
requirements. Of course, alternative
approaches must be approved by DOE,
and the criteria for accepting these
alternatives should be clearly defined.
DOE is planning to review 10 CFR 830
(issued in 2001), which identifies
nuclear safety requirements, but we
cannot commit to the exact language
prescribed in the Recommendation-that
is placing Standard 3009 in the body of
the rule. As a part of our review, we will
update DOE Standard 3009, clearly
identifying those provisions that are
mandatory. When DOE Standard 3009 is
not applied, appropriate means for
reviewing and improving alternative
methodologies will be established. This
will assure implementation of DOE
Standard 3009, where appropriate,
while maintaining the flexibility to
improve the standard, as needed. This
approach has allowed DOE to make
several important improvements to DOE
Standards in the past. Details of the
revision process will be provided in the
Implementation Plan.
Sub-recommendation 5—Formally
establish the minimum criteria and
requirements that govern Federal
approval of the DSA, by revision of DOE
Standard 1104–2009, and other
appropriate documents. The criteria
and requirements should include:
(followed by five paragraphs labeled
a–e).
DOE agrees with the need for clear
guidelines and requirements on the
appropriate delegation of nuclear safety
authorities and will revise DOE
Standard 1104–2009 and other
appropriate DOE documents to achieve
this. DOE will implement the specific
steps identified in paragraphs (a)
through (d) of this sub-recommendation.
However, DOE cannot commit to
implementing paragraph (e) as written,
because it implies that quantitative riskbased decision making must be
established and used. The Department is
exploring how quantitative methods
could be applied to support decisionmaking on safety issues at our sites and
will keep the Board apprised of
developments in this area. Today,
deterministic and qualitative means are
used.
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The Department agrees that the
decision to approve safety bases must
rest on a documented conclusion. The
conclusion should indicate that the
safety basis provides a reasonable
assurance that the facility can be
operated safely, that the hazards have
been adequately analyzed, and that the
engineered and administrative controls
provide adequate protection for the
public, workers and the environment.
The Implementation Plan will outline
DOE’s revision to standard 3009 and the
safety basis development process, will
clarify the safety basis approval process,
and identify how the steps in this subrecommendation will be addressed.
Sub-recommendation 6—Formally
identify the responsible organization
and identify the processes for
performing independent oversight to
ensure the responsibilities identified in
Item 5 above are fully implemented.
DOE has already identified the
responsible organization for performing
independent oversight for the Secretary:
the Office of Independent Oversight,
within the Office of Health, Safety and
Security (HSS). However, HSS
Independent Oversight protocols and
delegation processes will be reviewed
and modified as necessary to assure
adequate oversight of nuclear safety
delegations. The Implementation Plan
will describe the steps DOE will take,
review and update the protocols and
delegation processes.
We appreciate your advice and will
continue working closely with the
Board to improve the Department’s
Directives in a manner that meets our
shared objectives to the safe, effective,
and efficient execution of our mission.
We look forward to working further
with the Board and its staff as we
prepare the Implementation Plan.
If you have any further questions
please contact Glenn Podonsky, Chief,
Office of Health, Safety and Security, at
202–287–6071.
Sincerely,
Steven Chu.
[FR Doc. 2011–7085 Filed 3–24–11; 8:45 am]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–018]
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver and Notice of
Granting the Application for Interim
Waiver of Samsung From the
Department of Energy Residential
Refrigerator and Refrigerator-Freezer
Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of granting application for
interim waiver, and request for public
comments.
AGENCY:
This notice announces receipt
of and publishes the Samsung
Electronics America, Inc. (Samsung)
petition for waiver (hereafter, ‘‘petition’’)
from specified portions of the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of electric refrigerators
and refrigerator-freezers. The waiver
request pertains to Samsung’s product
lines that incorporate multiple defrost
cycles. In its petition, Samsung provides
an alternate test procedure that DOE
recently published in an interim final
rule. DOE solicits comments, data, and
information concerning Samsung’s
petition and the suggested alternate test
procedure. DOE also publishes notice of
the grant of an interim waiver to
Samsung.
SUMMARY:
DOE will accept comments, data,
and information with respect to the
Samsung Petition until, but no later
than April 25, 2011.
ADDRESSES: You may submit comments,
identified by case number ‘‘RF–017,’’ by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
AS_Waiver_Requests@ee.doe.gov
Include the case number [Case No. RF–
017] in the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
DATES:
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Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices
Washington, DC 20024. Please submit
one signed original paper copy.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza SW., (Resource Room of the
Building Technologies Program),
Washington, DC 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: (1) This notice; (2)
public comments received; (3) the
petition for waiver and application for
interim waiver; and (4) prior DOE
rulemakings regarding similar
refrigerator-freezers. Please call Ms.
Brenda Edwards at the above telephone
number for additional information
regarding visiting the Resource Room.
Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–7796. E-mail:
Elizabeth.Kohl@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. Background and Authority
Title III, part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6291–
6309, as codified, established the Energy
Conservation Program for Consumer
Products Other Than Automobiles, a
program covering most major household
appliances, which includes the electric
refrigerators and refrigerator-freezers
that are the focus of this notice.1 Part B
includes definitions, test procedures,
labeling provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. Further, part B
authorizes the Secretary of Energy to
prescribe test procedures that are
reasonably designed to produce results
which measure the energy efficiency,
energy use, or estimated annual
operating costs of a covered product,
and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for automatic electric
refrigerators and refrigerator-freezers is
1 For editorial reasons, upon codification in the
U.S. Code, part B was re-designated part A.
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contained in 10 CFR part 430, subpart
B, appendix A1.
DOE’s regulations for covered
products contain provisions allowing a
person to seek a waiver for a particular
basic model from the test procedure
requirements for covered consumer
products when (1) the petitioner’s basic
model for which the petition for waiver
was submitted contains one or more
design characteristics that prevent
testing according to the prescribed test
procedure, or (2) when prescribed test
procedures may 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(a)(1). Petitioners must include in
their petition any alternate test
procedures known to the petitioner to
evaluate the basic model in a manner
representative of its energy
consumption characteristics. 10 CFR
430.27(b)(1)(iii).
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l). Waivers remain in
effect pursuant to the pro-visions of 10
CFR 430.27(m).
Any interested person who has
submitted a petition for waiver may also
file an application for interim waiver of
the applicable test procedure
requirements. 10 CFR 430.27(a)(2). The
Assistant Secretary will grant an interim
waiver request if it is determined that
the applicant will experience economic
hardship if the interim waiver is denied,
if it appears likely that the petition for
waiver will be granted, and/or the
Assistant Secretary determines that it
would be desirable for public policy
reasons to grant immediate relief
pending a determination on the petition
for waiver. 10 CFR 430.27(g).
II. Petition for Waiver of Test Procedure
On January 27, 2011, Samsung filed a
petition for waiver from the test
procedure applicable to residential
electric refrigerators and refrigeratorfreezers set forth in 10 CFR part 430,
subpart B, appendix A1. Samsung is
designing new refrigerator-freezers that
incorporate multiple defrost cycles. In
its petition, Samsung seeks a waiver
from the existing DOE test procedure
applicable to refrigerators and
refrigerator-freezers under 10 CFR part
430 because the existing test procedure
does not account for multiple defrost
cycles. Therefore, Samsung has asked to
use an alternate test procedure that DOE
recently published in an interim final
rule (75 FR 78810, December 16, 2010).
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III. Application for Interim Waiver
Samsung also requests an interim
waiver from the existing DOE test
procedure. Under 10 CFR 430.27(b)(2),
each application for interim waiver
must demonstrate likely success of the
Petition for Waiver and address the
economic hardship and/or competitive
disadvantage that is likely to result
absent a favorable determination on the
application for interim waiver.’’ An
interim waiver may be granted if it is
determined that the applicant will
experience economic hardship if the
application for interim waiver is denied;
if it appears likely that the petition for
waiver will be granted; and/or the
Assistant Secretary determines that it
would be desirable for public policy
reasons to grant immediate relief
pending a determination of the petition
for waiver. 10 CFR 430.27(g).
DOE has determined that Samsung’s
application for interim waiver does not
provide sufficient market, equipment
price, shipments and other
manufacturer impact information to
permit DOE to evaluate the economic
hardship Samsung might experience
absent a favorable determination on its
application for interim waiver. DOE
understands, however, that absent an
interim waiver, Samsung’s products
would not be accurately tested and rated
for energy consumption because the
current energy test procedure does not
include test procedures for products
with multiple defrost cycle types.
Therefore, it appears likely that
Samsung’s petition for waiver will be
granted.
For the reasons stated above, DOE
grants Samsung’s application for interim
waiver from testing of its refrigeratorfreezer product line containing relative
humidity sensors and adaptive control
anti-sweat heaters. Therefore, it is
ordered that:
The application for interim waiver
filed by Samsung is hereby granted for
Samsung’s refrigerator-freezer product
lines that incorporate multiple defrost
cycles subject to the specifications and
conditions below.
1. Samsung shall not be required to
test or rate its refrigerator-freezer
product lines that incorporate multiple
defrost cycles on the basis of the test
procedure under 10 CFR part 430
subpart B, appendix A1.
2. Samsung shall be required to test
and rate its refrigerator-freezer product
line containing relative humidity
sensors and adaptive control anti-sweat
heaters according to the alternate test
procedure as set forth in section IV,
‘‘Alternate test procedure.’’
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Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices
The interim waiver applies to the
following basic model groups:
RS26*T***
RSG257****
RF428*****
RFG293****
RFG295****
RFG296****
RFG297****
RFG298****
RFG299****
RFG237****
RFG238****
RF4267****
RFG267****
RFG263****
RSG309****
RSG307****
RF263****
RFG29P****
DFSF9VKBWW
RF266****
RF267****
RF268****
RF26X****
RB194****
RB195****
RB196****
RB197****
RB214****
RB215****
RB216****
RB217****
RF215****
RF217****
RF195****
RF197****
DFSS9VKBSS
RFG29T****
DFSF9VKBBB
GFSF6KEX****
GFSF6KKY****
GFSL6KEX****
GFSL6KKY****
GFSS6KEX****
GFSS6KIX****
GFSS6KKY****
592 6570*
592 6571*
401.4100****
401.40483800
PFSF6PKX****
PFSS6PKX****
PFSS6SKX****
PFSS9PKY****
PFSS9SKY****
DFSS9VKBWW
DFSS9VKBBB
of statements, representations, and
documents provided by the petitioner.
DOE may revoke or modify this interim
waiver at any time upon a
determination that the factual basis
underlying the petition for waiver is
incorrect, or upon a determination that
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics.
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DOE makes decisions on waivers and
interim waivers for only those models
specifically set out in the petition, not
future models that may be manufactured
by the petitioner. Samsung may submit
a new or amended petition for waiver
and request for grant of interim waiver,
as appropriate, for additional models of
refrigerator-freezers for which it seeks a
waiver from the DOE test procedure. In
addition, DOE notes that grant of an
interim waiver or waiver does not
release a petitioner from the
certification requirements set forth at 10
CFR 430.62.
Further, this interim waiver is
conditioned upon the presumed validity
IV. Alternate Test Procedure
For the duration of the interim
waiver, Samsung shall be required to
test the products listed above according
to the test procedures for residential
electric refrigerator-freezers prescribed
by DOE at 10 CFR part 430, subpart B,
appendix A1, except that, for the
Samsung products listed above only,
include:
1. In section 1, Definitions, the
following definition:
‘‘Defrost cycle type’’ means a distinct
sequence of control whose function is to
remove frost and/or ice from a
refrigerated surface. There may be
variations in the defrost control
sequence such as the number of defrost
heaters energized. Each such variation
establishes a separate distinct defrost
cycle type. However, defrost achieved
regularly during the compressor offcycles by warming of the evaporator
without active heat addition is not a
defrost cycle type.
Where:
1440 = conversion factor to adjust to a 24hour period in minutes per day;
EP1 = energy expended in kilowatt-hours
during the first part of the test;
T1 = length of time in minutes of the first
part of the test;
12 = factor to adjust for a 50-percent run time
of the compressor in hours per day;
i is a variable that can equal 1, 2, or more
that identifies the distinct defrost cycle
types applicable for the refrigerator or
refrigerator-freezer;
EP2i = energy expended in kilowatt-hours
during the second part of the test for
defrost cycle type i;
T2i = length of time in minutes of the second
part of the test for defrost cycle type i;
CTi is the compressor run time between
instances of defrost cycle type i, for longtime automatic defrost control equal to a
fixed time in hours rounded to the
nearest tenth of an hour, and for variable
defrost control equal to (CTLi × CTMi)/(F
× (CTMi ¥ CTLi) + CTLi);
CTLi = least or shortest compressor run time
between instances of defrost cycle type
i in hours rounded to the nearest tenth
of an hour (CTL must be greater than or
equal to 6 but less than or equal to 12
hours);
CTMi = maximum compressor run time
between instances of defrost cycle type
i in hours rounded to the nearest tenth
of an hour (greater than CTLi but not
more than 96 hours);
For cases in which there are more than one
fixed CT value (for long-time defrost models)
or more than one CTM and/or CTL value (for
variable defrost models) for a given defrost
cycle type, an average fixed CT value or
average CTM and CTL values shall be selected
for this cycle type so that 12 divided by this
value or values is the frequency of
occurrence of the defrost cycle type in a 24
hour period, assuming 50% compressor run
time.
F = default defrost energy consumption
factor, equal to 0.20.
For variable defrost models with no values
for CT Li and CTMi in the algorithm, the
default values of 12 and 84 shall be used,
respectively.
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2. In section 4, Test Period, the
following:
Systems with Multiple Defrost
Frequencies. This section applies to
models with long-time automatic or
variable defrost control with multiple
defrost cycle types, such as models with
single compressors and multiple
evaporators in which the evaporators
have different defrost frequencies. A
two-part method shall be used. The first
part is a stable period of compressor
operation that includes no portions of
the defrost cycle, such as precooling or
recovery, that is otherwise the same as
the test for a unit having no defrost
provisions. The second part is designed
to capture the energy consumed during
all of the events occurring with the
defrost control sequence that are outside
of stable operation, and will be
conducted separately for each distinct
defrost cycle type. For defrost cycle
types involving the defrosting of both
fresh food and freezer compartments,
the freezer compartment temperature
shall be used to determine test period
start and stop times.
3. In section 5, Test Measurements,
the following:
Long-time or Variable Defrost Control
for Systems with Multiple Defrost cycle
Types. The energy consumption in
kilowatt-hours per day shall be
calculated equivalent to:
D is the total number of distinct defrost cycle
types.
V. Summary and Request for Comments
Through today’s notice, DOE grants
Samsung an interim waiver from the
specified portions of the test procedure
applicable to Samsung’s new line of
refrigerator-freezers with multiple
defrost cycles and announces receipt of
Samsung’s petition for waiver from
those same portions of the test
procedure. DOE publishes Samsung’s
petition for waiver pursuant to 10 CFR
430.27(b)(1)(iv). The petition includes a
suggested alternate test procedure and
calculation methodology to determine
the energy consumption of Samsung’s
specified refrigerator-freezers with
multiple defrost cycles. Samsung is
required to follow this alternate
procedure as a condition of its interim
waiver, and DOE is considering
including this alternate procedure in its
subsequent Decision and Order.
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Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices
DOE solicits comments from
interested parties on all aspects of the
petition, including the suggested
alternate test procedure and calculation
methodology. Pursuant to 10 CFR
430.27(b)(1)(iv), 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: Michael Moss, Director
of Corporate Environmental Affairs,
Samsung Electronics America, Inc.,
18600 Broadwick St., Rancho
Dominguez, CA 90220. All submissions
received must include the agency name
and case number for this proceeding.
Submit electronic comments in
WordPerfect, Microsoft Word, Portable
Document Format (PDF), or text
(American Standard Code for
Information Interchange (ASCII)) file
format and avoid the use of special
characters or any form of encryption.
Wherever possible, include the
electronic signature of the author. DOE
does not accept telefacsimiles (faxes).
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 two copies to DOE: one
copy of the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Issued in Washington, DC on March 18,
2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy.
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January 27, 2011
Catherine Zoi
Energy Efficiency and Renewable
Energy
Department of Energy
1000 Independence Avenue, SW.,
Washington, DC 20585
Dear Assistant Secretary Zoi:
Samsung Electronics America, Inc.
(‘‘Samsung’’) respectfully submits this
request Application for Interim Waiver
and Petition for Waiver to the
Department of Energy (‘‘DOE’’ or ‘‘the
Department’’) for Samsung’s single
compressor refrigerator-freezers with
multiple defrost cycles.
Reasoning
10 CFR Part 430.27(a)(1) allows a
person to submit a petition to waive for
a particular basic model any
requirements of § 430.23 upon the
grounds that the basic model contains
one or more design characteristics
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which either prevent testing of the basic
model according to the prescribed test
procedures, or the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data.
Additionally, 10 CFR Part 430.27(b)(2)
allows an applicant to request an
Interim Waiver if economic hardship
and/or competitive disadvantage is
likely to result absent a favorable
determination on the Application for
Interim Waiver.
Current test procedures as prescribed
in Appendix A1 to Subpart B of Part 430
(‘‘Appendix A1’’) inadequately addresses
refrigerator-freezers with multiple
defrost cycles, providing Samsung little
ability to represent the energy data of its
refrigerator-freezers with multiple
defrost. DOE also recognized in 75 FR
78837 2 that Appendix A1 to Subpart B
of Part 430 does not address refrigeratorfreezers with multiple defrost cycles,
which supports Samsung’s concerns
about the ability to apply Appendix A1
to Samsung manufactured refrigeratorfreezers. DOE also communicated that
all manufacturers planning on
marketing refrigerator-freezers with
multiple defrost cycles must seek a
waiver from the Department.3
Samsung expects that 0 of its new
2011 refrigerator-freezer models will
utilize the multiple defrost cycles.
Without the Interim Waiver, Samsung
will face economic hardship due to
inability to accurately represent its
refrigerator-freezer’s energy
consumption, losing $00 in sales. For
these reasons, Samsung believes that the
granting of Interim Waiver and Waiver
to Samsung is warranted.
Request
In 75 FR 78810 (December 16, 2010),
DOE issued an interim final rule for
Appendix A (‘‘Appendix A’’), effective
April 15, 2011, that effectively
addresses test methodologies for
refrigerator-freezers with multiple
defrost cycles. Samsung requests that
the April 15, 2011 Appendix A test
methodology be expeditiously granted
for Samsung refrigerator-freezers with
multiple defrost cycles.
The new test methodology of
Appendix A, effective on April 15,
2011, is appropriate and necessary for
our refrigerator-freezers with multiple
defrost cycles. Meanwhile, Samsung
believes for the time being that the
existing energy efficiency limits are
adequate. Samsung therefore does not
seek an alternate energy efficiency limit
for these models at this time.
Samsung requests that the efficient
limits under § 430.32(a) are applied to
the following Samsung manufactured
basic models:
RS26*T***
RSG257****
RF428*****
RFG293****
RFG295****
RFG296****
RFG297****
RFG298****
RFG299****
RFG237****
RFG238****
RF4267****
RFG267****
RFG263****
RSG309****
RSG307****
RF263****
RF266****
RF267****
RF268****
RF26X****
RB194****
RB195****
RB196****
RB197****
RB214****
RB215****
RB216****
RB217****
RF215****
RF217****
RF195****
RF197****
GFSF6KEX****
GFSF6KKY****
GFSL6KEX****
GFSL6KKY****
GFSS6KEX****
GFSS6KIX****
GFSS6KKY****
592 6570*
592 6571*
401.4100****
401.40483800
PFSF6PKX****
PFSS6PKX****
PFSS6SKX****
PFSS9PKY****
PFSS9SKY****
Please feel free to contact me if you
have any questions regarding Petition
for Waiver and Application for Interim
Waiver. I will be happy to discuss
should any questions arise.
Sincerely,
Michael Moss,
Director of Corporate Environmental Affairs.
[FR Doc. 2011–7089 Filed 3–24–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Energy Efficiency and Renewable
Energy
State Energy Advisory Board (STEAB)
2 In
DOE’s view, the current energy test procedure
does not include test procedures for products with
multiple defrost cycle types. For this reason, there
is no basis for manufacturers’ claims that the
amendment would impact energy use
measurements. DOE has no documentation
regarding the test procedures manufacturers are
using to certify these products, and has received no
petitions for waivers suggesting the need for any
such test procedures.
3 Until these amendments are required in
conjunction with the 2014 standards, manufacturers
introducing products equipped with multiple
defrost cycle types should, consistent with 10 CFR
430.27, petition for a waiver since the modified
version of Appendix A1 set out in today’s notice
will not include a specified method for capturing
this energy usage.
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Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of open teleconference.
AGENCY:
This notice announces a
teleconference call of the State Energy
Advisory Board (STEAB). The Federal
Advisory Committee Act (Pub. L. 92–
463; 86 Stat.770) requires that public
notice of these meetings be announced
in the Federal Register.
DATES: Thursday, April 21, 2011 3:30 to
4:30 p.m. (EST) The call in number is
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16760-16763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7089]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-018]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Notice of Granting the Application for
Interim Waiver of Samsung From the Department of Energy Residential
Refrigerator and Refrigerator-Freezer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, notice of granting application
for interim waiver, and request for public comments.
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SUMMARY: This notice announces receipt of and publishes the Samsung
Electronics America, Inc. (Samsung) petition for waiver (hereafter,
``petition'') from specified portions of the U.S. Department of Energy
(DOE) test procedure for determining the energy consumption of electric
refrigerators and refrigerator-freezers. The waiver request pertains to
Samsung's product lines that incorporate multiple defrost cycles. In
its petition, Samsung provides an alternate test procedure that DOE
recently published in an interim final rule. DOE solicits comments,
data, and information concerning Samsung's petition and the suggested
alternate test procedure. DOE also publishes notice of the grant of an
interim waiver to Samsung.
DATES: DOE will accept comments, data, and information with respect to
the Samsung Petition until, but no later than April 25, 2011.
ADDRESSES: You may submit comments, identified by case number ``RF-
017,'' by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AS_Waiver_Requests@ee.doe.gov Include the case
number [Case No. RF-017] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600,
[[Page 16761]]
Washington, DC 20024. Please submit one signed original paper copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., (Resource Room of the Building Technologies
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the petition for waiver and application for
interim waiver; and (4) prior DOE rulemakings regarding similar
refrigerator-freezers. Please call Ms. Brenda Edwards at the above
telephone number for additional information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-
mail: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified,
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes the electric refrigerators and refrigerator-freezers
that are the focus of this notice.\1\ Part B includes definitions, test
procedures, labeling provisions, energy conservation standards, and the
authority to require information and reports from manufacturers.
Further, part B authorizes the Secretary of Energy to prescribe test
procedures that are reasonably designed to produce results which
measure the energy efficiency, energy use, or estimated annual
operating costs of a covered product, and that are not unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for
automatic electric refrigerators and refrigerator-freezers is contained
in 10 CFR part 430, subpart B, appendix A1.
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\1\ For editorial reasons, upon codification in the U.S. Code,
part B was re-designated part A.
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DOE's regulations for covered products contain provisions allowing
a person to seek a waiver for a particular basic model from the test
procedure requirements for covered consumer products when (1) the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that prevent
testing according to the prescribed test procedure, or (2) when
prescribed test procedures may 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(a)(1).
Petitioners must include in their petition any alternate test
procedures known to the petitioner to evaluate the basic model in a
manner representative of its energy consumption characteristics. 10 CFR
430.27(b)(1)(iii).
The Assistant Secretary for Energy Efficiency and Renewable Energy
(the Assistant Secretary) may grant a waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(l).
Waivers remain in effect pursuant to the pro-visions of 10 CFR
430.27(m).
Any interested person who has submitted a petition for waiver may
also file an application for interim waiver of the applicable test
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary
will grant an interim waiver request if it is determined that the
applicant will experience economic hardship if the interim waiver is
denied, if it appears likely that the petition for waiver will be
granted, and/or the Assistant Secretary determines that it would be
desirable for public policy reasons to grant immediate relief pending a
determination on the petition for waiver. 10 CFR 430.27(g).
II. Petition for Waiver of Test Procedure
On January 27, 2011, Samsung filed a petition for waiver from the
test procedure applicable to residential electric refrigerators and
refrigerator-freezers set forth in 10 CFR part 430, subpart B, appendix
A1. Samsung is designing new refrigerator-freezers that incorporate
multiple defrost cycles. In its petition, Samsung seeks a waiver from
the existing DOE test procedure applicable to refrigerators and
refrigerator-freezers under 10 CFR part 430 because the existing test
procedure does not account for multiple defrost cycles. Therefore,
Samsung has asked to use an alternate test procedure that DOE recently
published in an interim final rule (75 FR 78810, December 16, 2010).
III. Application for Interim Waiver
Samsung also requests an interim waiver from the existing DOE test
procedure. Under 10 CFR 430.27(b)(2), each application for interim
waiver must demonstrate likely success of the Petition for Waiver and
address the economic hardship and/or competitive disadvantage that is
likely to result absent a favorable determination on the application
for interim waiver.'' An interim waiver may be granted if it is
determined that the applicant will experience economic hardship if the
application for interim waiver is denied; if it appears likely that the
petition for waiver will be granted; and/or the Assistant Secretary
determines that it would be desirable for public policy reasons to
grant immediate relief pending a determination of the petition for
waiver. 10 CFR 430.27(g).
DOE has determined that Samsung's application for interim waiver
does not provide sufficient market, equipment price, shipments and
other manufacturer impact information to permit DOE to evaluate the
economic hardship Samsung might experience absent a favorable
determination on its application for interim waiver. DOE understands,
however, that absent an interim waiver, Samsung's products would not be
accurately tested and rated for energy consumption because the current
energy test procedure does not include test procedures for products
with multiple defrost cycle types. Therefore, it appears likely that
Samsung's petition for waiver will be granted.
For the reasons stated above, DOE grants Samsung's application for
interim waiver from testing of its refrigerator-freezer product line
containing relative humidity sensors and adaptive control anti-sweat
heaters. Therefore, it is ordered that:
The application for interim waiver filed by Samsung is hereby
granted for Samsung's refrigerator-freezer product lines that
incorporate multiple defrost cycles subject to the specifications and
conditions below.
1. Samsung shall not be required to test or rate its refrigerator-
freezer product lines that incorporate multiple defrost cycles on the
basis of the test procedure under 10 CFR part 430 subpart B, appendix
A1.
2. Samsung shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive
control anti-sweat heaters according to the alternate test procedure as
set forth in section IV, ``Alternate test procedure.''
[[Page 16762]]
The interim waiver applies to the following basic model groups:
------------------------------------------------------------------------
------------------------------------------------------------------------
RS26*T*** RF266**** GFSF6KEX****
RSG257**** RF267**** GFSF6KKY****
RF428***** RF268**** GFSL6KEX****
RFG293**** RF26X**** GFSL6KKY****
RFG295**** RB194**** GFSS6KEX****
RFG296**** RB195**** GFSS6KIX****
RFG297**** RB196**** GFSS6KKY****
RFG298**** RB197**** 592 6570*
RFG299**** RB214**** 592 6571*
RFG237**** RB215**** 401.4100****
RFG238**** RB216**** 401.40483800
RF4267**** RB217**** PFSF6PKX****
RFG267**** RF215**** PFSS6PKX****
RFG263**** RF217**** PFSS6SKX****
RSG309**** RF195**** PFSS9PKY****
RSG307**** RF197**** PFSS9SKY****
RF263**** DFSS9VKBSS DFSS9VKBWW
RFG29P**** RFG29T**** DFSS9VKBBB
DFSF9VKBWW DFSF9VKBBB .......................
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DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. Samsung may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of refrigerator-freezers for which
it seeks a waiver from the DOE test procedure. In addition, DOE notes
that grant of an interim waiver or waiver does not release a petitioner
from the certification requirements set forth at 10 CFR 430.62.
Further, this interim waiver is conditioned upon the presumed
validity of statements, representations, and documents provided by the
petitioner. DOE may revoke or modify this interim waiver at any time
upon a determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Alternate Test Procedure
For the duration of the interim waiver, Samsung shall be required
to test the products listed above according to the test procedures for
residential electric refrigerator-freezers prescribed by DOE at 10 CFR
part 430, subpart B, appendix A1, except that, for the Samsung products
listed above only, include:
1. In section 1, Definitions, the following definition:
``Defrost cycle type'' means a distinct sequence of control whose
function is to remove frost and/or ice from a refrigerated surface.
There may be variations in the defrost control sequence such as the
number of defrost heaters energized. Each such variation establishes a
separate distinct defrost cycle type. However, defrost achieved
regularly during the compressor off-cycles by warming of the evaporator
without active heat addition is not a defrost cycle type.
2. In section 4, Test Period, the following:
Systems with Multiple Defrost Frequencies. This section applies to
models with long-time automatic or variable defrost control with
multiple defrost cycle types, such as models with single compressors
and multiple evaporators in which the evaporators have different
defrost frequencies. A two-part method shall be used. The first part is
a stable period of compressor operation that includes no portions of
the defrost cycle, such as precooling or recovery, that is otherwise
the same as the test for a unit having no defrost provisions. The
second part is designed to capture the energy consumed during all of
the events occurring with the defrost control sequence that are outside
of stable operation, and will be conducted separately for each distinct
defrost cycle type. For defrost cycle types involving the defrosting of
both fresh food and freezer compartments, the freezer compartment
temperature shall be used to determine test period start and stop
times.
3. In section 5, Test Measurements, the following:
Long-time or Variable Defrost Control for Systems with Multiple
Defrost cycle Types. The energy consumption in kilowatt-hours per day
shall be calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TN25MR11.025
Where:
1440 = conversion factor to adjust to a 24-hour period in minutes
per day;
EP1 = energy expended in kilowatt-hours during the first part of the
test;
T1 = length of time in minutes of the first part of the test;
12 = factor to adjust for a 50-percent run time of the compressor in
hours per day;
i is a variable that can equal 1, 2, or more that identifies the
distinct defrost cycle types applicable for the refrigerator or
refrigerator-freezer;
EP2i = energy expended in kilowatt-hours during the
second part of the test for defrost cycle type i;
T2i = length of time in minutes of the second part of the
test for defrost cycle type i;
CTi is the compressor run time between instances of
defrost cycle type i, for long-time automatic defrost control equal
to a fixed time in hours rounded to the nearest tenth of an hour,
and for variable defrost control equal to (CTLi x
CTMi)/(F x (CTMi - CTLi) +
CTLi);
CTLi = least or shortest compressor run time between
instances of defrost cycle type i in hours rounded to the nearest
tenth of an hour (CTL must be greater than or equal to 6
but less than or equal to 12 hours);
CTMi = maximum compressor run time between instances of
defrost cycle type i in hours rounded to the nearest tenth of an
hour (greater than CTLi but not more than 96 hours);
For cases in which there are more than one fixed CT value (for
long-time defrost models) or more than one CTM and/or
CTL value (for variable defrost models) for a given
defrost cycle type, an average fixed CT value or average
CTM and CTL values shall be selected for this
cycle type so that 12 divided by this value or values is the
frequency of occurrence of the defrost cycle type in a 24 hour
period, assuming 50% compressor run time.
F = default defrost energy consumption factor, equal to 0.20.
For variable defrost models with no values for CT Li
and CTMi in the algorithm, the default values of 12 and
84 shall be used, respectively.
D is the total number of distinct defrost cycle types.
V. Summary and Request for Comments
Through today's notice, DOE grants Samsung an interim waiver from
the specified portions of the test procedure applicable to Samsung's
new line of refrigerator-freezers with multiple defrost cycles and
announces receipt of Samsung's petition for waiver from those same
portions of the test procedure. DOE publishes Samsung's petition for
waiver pursuant to 10 CFR 430.27(b)(1)(iv). The petition includes a
suggested alternate test procedure and calculation methodology to
determine the energy consumption of Samsung's specified refrigerator-
freezers with multiple defrost cycles. Samsung is required to follow
this alternate procedure as a condition of its interim waiver, and DOE
is considering including this alternate procedure in its subsequent
Decision and Order.
[[Page 16763]]
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), 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: Michael Moss, Director of Corporate Environmental Affairs, Samsung
Electronics America, Inc., 18600 Broadwick St., Rancho Dominguez, CA
90220. All submissions received must include the agency name and case
number for this proceeding. Submit electronic comments in WordPerfect,
Microsoft Word, Portable Document Format (PDF), or text (American
Standard Code for Information Interchange (ASCII)) file format and
avoid the use of special characters or any form of encryption. Wherever
possible, include the electronic signature of the author. DOE does not
accept telefacsimiles (faxes).
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 two copies to DOE: one copy of the document
including all the information believed to be confidential, and one copy
of the document with the information believed to be confidential
deleted. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Issued in Washington, DC on March 18, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
January 27, 2011
Catherine Zoi
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue, SW., Washington, DC 20585
Dear Assistant Secretary Zoi: Samsung Electronics America, Inc.
(``Samsung'') respectfully submits this request Application for Interim
Waiver and Petition for Waiver to the Department of Energy (``DOE'' or
``the Department'') for Samsung's single compressor refrigerator-
freezers with multiple defrost cycles.
Reasoning
10 CFR Part 430.27(a)(1) allows a person to submit a petition to
waive for a particular basic model any requirements of Sec. 430.23
upon the grounds that the basic model contains one or more design
characteristics which either prevent testing of the basic model
according to the prescribed test procedures, or the prescribed test
procedures may evaluate the basic model in a manner so unrepresentative
of its true energy consumption characteristics as to provide materially
inaccurate comparative data. Additionally, 10 CFR Part 430.27(b)(2)
allows an applicant to request an Interim Waiver if economic hardship
and/or competitive disadvantage is likely to result absent a favorable
determination on the Application for Interim Waiver.
Current test procedures as prescribed in Appendix A1 to Subpart B
of Part 430 (``Appendix A1'') inadequately addresses refrigerator-
freezers with multiple defrost cycles, providing Samsung little ability
to represent the energy data of its refrigerator-freezers with multiple
defrost. DOE also recognized in 75 FR 78837 \2\ that Appendix A1 to
Subpart B of Part 430 does not address refrigerator-freezers with
multiple defrost cycles, which supports Samsung's concerns about the
ability to apply Appendix A1 to Samsung manufactured refrigerator-
freezers. DOE also communicated that all manufacturers planning on
marketing refrigerator-freezers with multiple defrost cycles must seek
a waiver from the Department.\3\
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\2\ In DOE's view, the current energy test procedure does not
include test procedures for products with multiple defrost cycle
types. For this reason, there is no basis for manufacturers' claims
that the amendment would impact energy use measurements. DOE has no
documentation regarding the test procedures manufacturers are using
to certify these products, and has received no petitions for waivers
suggesting the need for any such test procedures.
\3\ Until these amendments are required in conjunction with the
2014 standards, manufacturers introducing products equipped with
multiple defrost cycle types should, consistent with 10 CFR 430.27,
petition for a waiver since the modified version of Appendix A1 set
out in today's notice will not include a specified method for
capturing this energy usage.
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Samsung expects that [mshbox] of its new 2011 refrigerator-freezer
models will utilize the multiple defrost cycles. Without the Interim
Waiver, Samsung will face economic hardship due to inability to
accurately represent its refrigerator-freezer's energy consumption,
losing $[mshbox][mshbox] in sales. For these reasons, Samsung believes
that the granting of Interim Waiver and Waiver to Samsung is warranted.
Request
In 75 FR 78810 (December 16, 2010), DOE issued an interim final
rule for Appendix A (``Appendix A''), effective April 15, 2011, that
effectively addresses test methodologies for refrigerator-freezers with
multiple defrost cycles. Samsung requests that the April 15, 2011
Appendix A test methodology be expeditiously granted for Samsung
refrigerator-freezers with multiple defrost cycles.
The new test methodology of Appendix A, effective on April 15,
2011, is appropriate and necessary for our refrigerator-freezers with
multiple defrost cycles. Meanwhile, Samsung believes for the time being
that the existing energy efficiency limits are adequate. Samsung
therefore does not seek an alternate energy efficiency limit for these
models at this time.
Samsung requests that the efficient limits under Sec. 430.32(a)
are applied to the following Samsung manufactured basic models:
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------------------------------------------------------------------------
RS26*T*** RF266**** GFSF6KEX****
RSG257**** RF267**** GFSF6KKY****
RF428***** RF268**** GFSL6KEX****
RFG293**** RF26X**** GFSL6KKY****
RFG295**** RB194**** GFSS6KEX****
RFG296**** RB195**** GFSS6KIX****
RFG297**** RB196**** GFSS6KKY****
RFG298**** RB197**** 592 6570*
RFG299**** RB214**** 592 6571*
RFG237**** RB215**** 401.4100****
RFG238**** RB216**** 401.40483800
RF4267**** RB217**** PFSF6PKX****
RFG267**** RF215**** PFSS6PKX****
RFG263**** RF217**** PFSS6SKX****
RSG309**** RF195**** PFSS9PKY****
RSG307**** RF197**** PFSS9SKY****
RF263****
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Please feel free to contact me if you have any questions regarding
Petition for Waiver and Application for Interim Waiver. I will be happy
to discuss should any questions arise.
Sincerely,
Michael Moss,
Director of Corporate Environmental Affairs.
[FR Doc. 2011-7089 Filed 3-24-11; 8:45 am]
BILLING CODE 6450-01-P
