Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 1474-1478 [2012-216]
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
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DEPARTMENT OF ENERGY
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Issued in Washington, DC on January 4,
2012.
Brian Mills,
Director, Permitting and Siting, Office of
Electricity Delivery and Energy Reliability.
[FR Doc. 2012–217 Filed 1–9–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–018; Case No. RF–019]
Decision and Order Granting a Waiver
to Samsung From the Department of
Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
AGENCY:
The U.S. Department of
Energy (DOE) gives notice of the
decision and order (Case Nos. RF–018,
RF–019) that grants to Samsung
Electronics America, Inc. (Samsung) a
waiver from the DOE electric
refrigerator and refrigerator-freezer test
procedures for the basic models set forth
in its petitions for waiver in Cases RF–
018 and RF–019. Under today’s decision
and order, Samsung shall be required to
test and rate these refrigerator-freezers
using an alternate test procedure that
takes their multiple defrost cycles into
account when measuring energy
consumption.
SUMMARY:
This Decision and Order is
effective January 10, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Dr. Michael G. Raymond, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–
2J, 1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611, Email:
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, 1000 Independence
Avenue SW., Washington, DC 20585–
0103, (202) 586–7796, Email:
Elizabeth.Kohl@hq.doe.gov.
In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)),
DOE gives notice of the issuance of its
decision and order as set forth below.
The decision and order grants Samsung
a waiver from the applicable residential
refrigerator and refrigerator-freezer test
procedures in 10 CFR part 430, subpart
B, appendix A1 for certain basic models
of refrigerator-freezers with multiple
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
defrost cycles, provided that Samsung
tests and rates such products using the
alternate test procedure described in
this notice. Today’s decision prohibits
Samsung from making representations
concerning the energy efficiency of
these products unless the product has
been tested consistent with the
provisions and restrictions in the
alternate test procedure set forth in the
decision and order below, and the
representations fairly disclose the test
results.
Distributors, retailers, and private
labelers are held to the same standard
when making representations regarding
the energy efficiency of these products.
42 U.S.C. 6293(c).
Issued in Washington, DC, on January 3,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
mstockstill on DSK4VPTVN1PROD with NOTICES
Decision and Order
In the Matter of: Samsung Electronics
America, Inc. (Case Nos. RF–018, RF–
019).
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 residential 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 energy efficiency,
energy use, or estimated operating costs,
and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for residential electric
refrigerators and refrigerator-freezers is
set forth in 10 CFR part 430, subpart B,
appendix A1.
DOE’s regulations for covered
products contain provisions allowing a
person to seek a waiver from the test
procedure requirements for a particular
basic model for covered consumer
products when (1) the petitioner’s basic
model for which the petition for waiver
was submitted contains one or more
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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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 provisions 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. Samsung’s Petition for Waiver:
Assertions and Determinations
On January 27 and July 19, 2011,
Samsung submitted petitions for waiver
and applications for interim waiver
(petitions) from the test procedures
applicable to residential electric
refrigerators and refrigerator-freezers set
forth in 10 CFR part 430, subpart B,
appendix A1. Samsung’s petitions were
applicable to specified basic models of
refrigerator-freezers that incorporate
multiple defrost cycles. In its petitions,
Samsung requested 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 addresses defrost
energy use and multiple defrost cycles
in the same way as the new Appendix
A test procedure DOE published in an
interim final rule (75 FR 78810, Dec. 16,
2010) (codified at 10 CFR 430, Subpart
B, Appendix A).
Whirlpool commented in response to
Samsung’s waiver petition that applying
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1475
the second part of the interim final rule
test to the fresh food defrost of one of
these products results in an energy
credit. Whirlpool’s waiver comments
discussed the data from testing
performed by the Canadian Standards
Association that examined the energy
consumption of a Samsung model that
uses multiple defrost cycles—Samsung
model No. RFG297AAPN. Whirlpool
asserted that the test results are illogical
because the energy use contribution of
the fresh food compartment defrost is
negative (i.e. an energy credit), and
added that the energy use contribution
of the freezer compartment defrost is
underestimated. (Docket EERE–2011–
BT–WAV–0017, Whirlpool, No. 4 at p.
4) Whirlpool recommended that the test
period for the second (defrost) part of
the test for the fresh food defrost should
end at the end of the second compressor
‘‘on’’ cycle after defrost, and that such
a change to the test procedure for the
fresh food defrost only would increase
the measured energy use of the product
by 1.6 percent.
After considering Whirlpool’s
comments suggesting that DOE modify
the second part of the test, DOE
reopened the comment period on the
interim final rule and specifically
requested comment on this topic. 76 FR
57613–57614 (Sept. 15, 2011).
Whirlpool commented on the interim
final rule and, consistent with its
comments on the Samsung waiver,
stressed that the end of the second part
of the test be moved so that it coincides
with the end of a compressor ‘‘on’’
cycle. Whirlpool asserted that this
change should be made for all defrosts,
whether they are for fresh food
compartments or freezer compartments.
Whirlpool’s interim final rule
comments did not explain how the
suggested test period would result in
more accurate test results. Instead, the
comments stated that the ‘‘underlying
principle when measuring the energy
consumption of any product which
operates in cycles is to measure from the
same point in one cycle to the same
point in a successor cycle,’’ and asserted
that the test procedure of Appendix A
set forth in the interim final rule
measures from a compressor stop to a
compressor start for products with
cycling compressors. Whirlpool did not,
however, provide any explanation
supporting the measurement from a
point in one cycle to the same point in
a successor cycle. The comments stated
that the negative energy use
contribution (i.e., an energy credit)
measured for the fresh food defrost of
the Samsung product when using the
Appendix A test period set forth in the
interim final rule is not credible. As a
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
result, DOE reexamined the test period
contained in the interim final rule to
help determine a means to account for
the observation noted by Whirlpool.
More recently, DOE prepared an
assessment demonstrating that a test
period for the second part of the test
both starting and ending at the end of
a compressor ‘‘on’’ cycle is consistent
with the full-cycle measurement
specified for testing non-variable
automatic defrost products. This
document 2 shows mathematically that a
calculation of energy use using the
‘‘section 4.2’’ 3 test period (‘‘full test
period’’) matches the two-part
calculation only when the second part
of the test both starts and ends at the
end of a compressor ‘‘on’’ cycle.
On the other hand, the compartment
temperature is at its typical steady-state
cycling maximum (the higher horizontal
line of the temperature plot of figure 1
of 10 CFR 430, subpart B, appendix A)
when test period T2 ends. Hence, while
the compartment temperature has
recovered to the range within which it
varies during steady state operation, it
has not recovered to the temperature
state associated with the start of the test
period—i.e. the temperature is warmer
than at the start of the test period. In
order to allow recovery to the start-oftest-period temperature, the test period
would have to continue until the end of
the compressor ‘‘on’’ cycle. This
analysis illustrates that the test period
prescribed by the interim final rule for
the second part of the test is unlikely to
fully account for the energy use
associated with temperature recovery.
DOE concludes that the test period for
the second part of the test specified in
the interim final rule for products with
cycling compressors and long-time or
variable defrost may not accurately
account for the energy use associated
with defrost, which necessitates a
change to enhance the accuracy of the
measurement. DOE received no other
comments on this topic during the
comment periods for the test procedure
interim final rule. In light of this new
information, and its own review, DOE
adopted the approach suggested by
Whirlpool in its comments on the
mstockstill on DSK4VPTVN1PROD with NOTICES
RS26*T***
RSG257****
RF428*****
RFG293****
RFG295****
RFG296****
RFG297****
RFG298****
RFG299****
RFG237****
RFG238****
RF4267****
RFG267****
RFG263****
RSG309****
RSG307****
RF263****
RFG29P****
DFSF9VKBWW
DFSF9VKB****
GFSF6PKBBB
DFSS9VKB****
RF266****
RF267****
RF268****
RF26X****
RB194****
RB195****
RB196****
RB197****
RB214****
RB215****
RB216****
RB217****
RF215****
RF217****
RF195****
RF197****
DFSS9VKBSS
RFG29T****
DFSF9VKBBB
GFSF6PKB****
GFSS6PKBSS
Samsung waiver and interim final rule
to help ensure the procedure in
Appendix A provides a greater level of
accuracy. DOE also adopts this
approach as the alternate test procedure
in this Decision and Order.
III. Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Samsung petition for waiver. The FTC
staff did not have any objections to
granting a waiver to Samsung.
IV. Conclusion
After careful consideration of all the
material that was submitted by Samsung
and consultation with the FTC staff, it
is ordered that:
(1) The petitions for waiver submitted
by the Samsung Electronics America,
Inc. (Case Nos. RF–018 and RF–019) are
hereby granted as set forth in the
paragraphs below.
(2) Samsung shall be required to test
and rate the following Samsung models
according to the alternate test procedure
set forth in paragraph (3) below.
GFSF6KEX****
GFSF6KKY****
GFSL6KEX****
GFSL6KKY****
GFSS6KEX****
GFSS6KIX****
GFSS6KKY****
592 6570*
592 6571*
401.4100****
401.40483800
PFSF6PKX****
PFSS6PKX****
PFSS6SKX****
PFSS9PKY****
PFSS9SKY****
DFSS9VKBWW
DFSS9VKBBB
GFSS6PKB****
GFSF6PKBWW
(3) Samsung shall be required to test
the products listed in paragraph (2)
above according to the test procedures
for residential electric refrigeratorfreezers prescribed by DOE at 10 CFR
part 430, appendix A1, except that, for
the Samsung products listed in
paragraph (2) 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:
4.2.1 Long-time Automatic Defrost.
If the model being tested has a long-time
automatic defrost system, the two-part
test described in this section may 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 (section 4.1). The
second part is designed to capture the
energy consumed during all of the
events occurring with the defrost
2 ‘‘Refrigerator Test Procedure: Adjustments to
Second Part of Test’’, No. 47 in the refrigerator test
procedure rulemaking docket, which can be found
at https://www.regulations.gov/#!docket
Detail;dct=FR%252BPR%252BN%252BO
%252BSR;rpp=10;po=0;D=EERE-2009-BT-TP-0003.
3 See section 4.2 of Appendix A or of Appendix
A1.
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1477
of the test. If any compressor cycles
occur prior to the defrost heater being
energized that cause the average
temperature in either compartment to
deviate from its average temperature for
the first part of the test by more than 0.5
°F (0.3 °C), these compressor cycles are
not considered regular compressor
cycles and must be included in the
second part of the test. As an example,
a ‘‘precooling’’ cycle, which is an
extended compressor cycle that lowers
the temperature(s) of one or both
compartments prior to energizing the
defrost heater, must be included in the
second part of the test. The test period
for the second part of the test ends at the
termination of the first regular
compressor ‘‘on’’ cycle after both
compartment temperatures have fully
recovered to their stable conditions. The
average temperatures of the
compartments measured from this
termination of the first regular
compressor ‘‘on’’ cycle until the
termination of the next regular
compressor ‘‘on’’ cycle must both be
within 0.5 °F (0.3 °C) of their average
temperatures measured for the first part
of the test. See Figure 1.
4.2.4 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. The
two-part method in 4.2.1 shall be used.
The second part of the method will be
conducted separately for each distinct
defrost cycle type.
3. In section 5, Test Measurements,
the following:
5.2.1.5 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:
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control sequence that are outside of
stable operation.
4.2.1.1 Cycling Compressor System.
For a system with a cycling compressor,
the second part of the test starts at the
termination of the last regular
compressor ‘‘on’’ cycle. The average
temperatures of the fresh food and
freezer compartments measured from
the termination of the previous
compressor ‘‘on’’ cycle to the
termination of the last regular
compressor ‘‘on’’ cycle must both be
within 0.5 °F (0.3 °C) of their average
temperatures measured for the first part
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Where:
1440 is defined in 5.2.1.1 and EP1, T1, and
12 are defined in 5.2.1.2;
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 × (CTMı 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 for the defrost cycle type
with the longest compressor run time
between defrosts 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 6 and 96 shall be used,
respectively.
D is the total number of distinct defrost cycle
types.
(4) Representations. Samsung may
make representations about the energy
use of its refrigerator-freezer products
for compliance, marketing, or other
purposes only to the extent that such
products have been tested in accordance
with the provisions outlined above and
such representations fairly disclose the
results of such testing.
(5) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27(m).
(6) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
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valid. DOE may revoke 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 the basic models’
true energy consumption characteristics.
(7) This waiver applies only to those
basic models set out in Samsung’s
January 27 and July 19, 2011 petitions
for waiver. Grant of this waiver does not
release a petitioner from the
certification requirements set forth at
10 CFR part 429.
Issued in Washington, DC, on January 3,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–216 Filed 1–9–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
Take notice that the Commission
received the following electric corporate
filings:
Docket Numbers: EC12–55–000.
Applicants: ConocoPhillips Company.
Description: ConocoPhillips Company
Application for Authorization for
Disposition of Jurisdictional Facilities.
Filed Date: 12/29/11.
Accession Number: 20111229–5200.
Comments Due: 5 p.m. ET 1/19/12.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER00–3080–007.
Applicants: Otter Tail Power
Company.
Description: Updated Market Power
Analysis of Otter Tail Power Company.
Filed Date: 12/30/11.
Accession Number: 20111230–5214.
Comments Due: 5 p.m. ET 2/28/12.
Docket Numbers: ER10–1257–001;
ER10–1258–001.
Applicants: Wabash Valley Power
Association, Inc., Wabash Valley Energy
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Description: Wabash Valley Power
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Filed Date: 12/30/11.
Accession Number: 20111230–5085.
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Comments Due: 5 p.m. ET 2/28/12.
Docket Numbers: ER10–1338–001.
Applicants: Southern Indiana Gas and
Electric Company.
Description: Vectren Corporation
submits its triennial market power
update for SIGECO’s market-based rate
authorization.
Filed Date: 12/29/11.
Accession Number: 20111230–0201.
Comments Due: 5 p.m. ET 2/27/12.
Docket Numbers: ER10–1484–002.
Applicants: Shell Energy North
America (US), L.P.
Description: Updated Market Power
Analysis of Shell Energy North America
(US), L.P. for the Southeast Region.
Filed Date: 12/29/11.
Accession Number: 20111229–5202.
Comments Due: 5 p.m. ET 2/27/12.
Docket Numbers: ER10–1619–001;
ER10–1620–002; ER10–1623–001;
ER10–1625–002; ER12–60–001; ER10–
1632–001.
Applicants: Tenaska Alabama II
Partners, L.P., Tenaska Alabama
Partners, L.P., Tenaska Georgia Partners,
L.P., Tenaska Frontier Partners, Ltd.,
Tenaska Power Services Co., Tenaska
Power Management, LLC.
Description: Updated Market Power
Analysis of Tenaska Alabama Partners,
L.P., et al.
Filed Date: 12/30/11.
Accession Number: 20111230–5205.
Comments Due: 5 p.m. ET 2/28/12.
Docket Numbers: ER10–1790–005.
Applicants: BP Energy Company.
Description: BP Energy Company
Submits Updated Market Power
Analysis for Southeast Region.
Filed Date: 12/29/11.
Accession Number: 20111229–5193.
Comments Due: 5 p.m. ET 2/27/12.
Docket Numbers: ER10–2265–001;
ER10–2791–002; ER10–2792–002;
ER10–1643–001; ER10–2876–002;
ER10–2931–002.
Applicants: Cottonwood Energy
Company LP, NRG Power Marketing
LLC, Louisiana Generating LLC, Bayou
Cove Peaking Power LLC, Big Cajun I
Peaking Power LLC, NRG Sterlington
Power LLC.
Description: Updated Market Power
Analysis of NRG Power Marketing LLC,
et al.
Filed Date: 12/30/11.
Accession Number: 20111230–5203.
Comments Due: 5 p.m. ET 2/28/12.
Docket Numbers: ER10–2331–002;
ER10–2343–002; ER10–2319–001;
ER10–2332–001; ER10–2326–002;
E:\FR\FM\10JAN1.SGM
10JAN1
EN10JA12.004</GPH>
1478
]]>Agencies
[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1474-1478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-216]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-018; Case No. RF-019]
Decision and Order Granting a Waiver to Samsung From the
Department of Energy Residential Refrigerator and Refrigerator-Freezer
Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of the
decision and order (Case Nos. RF-018, RF-019) that grants to Samsung
Electronics America, Inc. (Samsung) a waiver from the DOE electric
refrigerator and refrigerator-freezer test procedures for the basic
models set forth in its petitions for waiver in Cases RF-018 and RF-
019. Under today's decision and order, Samsung shall be required to
test and rate these refrigerator-freezers using an alternate test
procedure that takes their multiple defrost cycles into account when
measuring energy consumption.
DATES: This Decision and Order is effective January 10, 2012.
FOR FURTHER INFORMATION CONTACT:
Dr. Michael G. Raymond, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. Telephone: (202) 586-9611, Email:
Michael.Raymond@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., Washington, DC
20585-0103, (202) 586-7796, Email: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the
issuance of its decision and order as set forth below. The decision and
order grants Samsung a waiver from the applicable residential
refrigerator and refrigerator-freezer test procedures in 10 CFR part
430, subpart B, appendix A1 for certain basic models of refrigerator-
freezers with multiple
[[Page 1475]]
defrost cycles, provided that Samsung tests and rates such products
using the alternate test procedure described in this notice. Today's
decision prohibits Samsung from making representations concerning the
energy efficiency of these products unless the product has been tested
consistent with the provisions and restrictions in the alternate test
procedure set forth in the decision and order below, and the
representations fairly disclose the test results.
Distributors, retailers, and private labelers are held to the same
standard when making representations regarding the energy efficiency of
these products. 42 U.S.C. 6293(c).
Issued in Washington, DC, on January 3, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Samsung Electronics America, Inc. (Case Nos. RF-
018, RF-019).
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 residential 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 energy efficiency, energy use, or estimated
operating costs, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for residential electric
refrigerators and refrigerator-freezers is set forth in 10 CFR part
430, subpart B, appendix A1.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
DOE's regulations for covered products contain provisions allowing
a person to seek a waiver from the test procedure requirements for a
particular basic model 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 provisions 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. Samsung's Petition for Waiver: Assertions and Determinations
On January 27 and July 19, 2011, Samsung submitted petitions for
waiver and applications for interim waiver (petitions) from the test
procedures applicable to residential electric refrigerators and
refrigerator-freezers set forth in 10 CFR part 430, subpart B, appendix
A1. Samsung's petitions were applicable to specified basic models of
refrigerator-freezers that incorporate multiple defrost cycles. In its
petitions, Samsung requested 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 addresses defrost energy use and multiple
defrost cycles in the same way as the new Appendix A test procedure DOE
published in an interim final rule (75 FR 78810, Dec. 16, 2010)
(codified at 10 CFR 430, Subpart B, Appendix A).
Whirlpool commented in response to Samsung's waiver petition that
applying the second part of the interim final rule test to the fresh
food defrost of one of these products results in an energy credit.
Whirlpool's waiver comments discussed the data from testing performed
by the Canadian Standards Association that examined the energy
consumption of a Samsung model that uses multiple defrost cycles--
Samsung model No. RFG297AAPN. Whirlpool asserted that the test results
are illogical because the energy use contribution of the fresh food
compartment defrost is negative (i.e. an energy credit), and added that
the energy use contribution of the freezer compartment defrost is
underestimated. (Docket EERE-2011-BT-WAV-0017, Whirlpool, No. 4 at p.
4) Whirlpool recommended that the test period for the second (defrost)
part of the test for the fresh food defrost should end at the end of
the second compressor ``on'' cycle after defrost, and that such a
change to the test procedure for the fresh food defrost only would
increase the measured energy use of the product by 1.6 percent.
After considering Whirlpool's comments suggesting that DOE modify
the second part of the test, DOE reopened the comment period on the
interim final rule and specifically requested comment on this topic. 76
FR 57613-57614 (Sept. 15, 2011). Whirlpool commented on the interim
final rule and, consistent with its comments on the Samsung waiver,
stressed that the end of the second part of the test be moved so that
it coincides with the end of a compressor ``on'' cycle. Whirlpool
asserted that this change should be made for all defrosts, whether they
are for fresh food compartments or freezer compartments.
Whirlpool's interim final rule comments did not explain how the
suggested test period would result in more accurate test results.
Instead, the comments stated that the ``underlying principle when
measuring the energy consumption of any product which operates in
cycles is to measure from the same point in one cycle to the same point
in a successor cycle,'' and asserted that the test procedure of
Appendix A set forth in the interim final rule measures from a
compressor stop to a compressor start for products with cycling
compressors. Whirlpool did not, however, provide any explanation
supporting the measurement from a point in one cycle to the same point
in a successor cycle. The comments stated that the negative energy use
contribution (i.e., an energy credit) measured for the fresh food
defrost of the Samsung product when using the Appendix A test period
set forth in the interim final rule is not credible. As a
[[Page 1476]]
result, DOE reexamined the test period contained in the interim final
rule to help determine a means to account for the observation noted by
Whirlpool.
More recently, DOE prepared an assessment demonstrating that a test
period for the second part of the test both starting and ending at the
end of a compressor ``on'' cycle is consistent with the full-cycle
measurement specified for testing non-variable automatic defrost
products. This document \2\ shows mathematically that a calculation of
energy use using the ``section 4.2'' \3\ test period (``full test
period'') matches the two-part calculation only when the second part of
the test both starts and ends at the end of a compressor ``on'' cycle.
---------------------------------------------------------------------------
\2\ ``Refrigerator Test Procedure: Adjustments to Second Part of
Test'', No. 47 in the refrigerator test procedure rulemaking docket,
which can be found at https://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=10;po=0;D=EERE-
2009-BT-TP-0003.
\3\ See section 4.2 of Appendix A or of Appendix A1.
---------------------------------------------------------------------------
On the other hand, the compartment temperature is at its typical
steady-state cycling maximum (the higher horizontal line of the
temperature plot of figure 1 of 10 CFR 430, subpart B, appendix A) when
test period T2 ends. Hence, while the compartment temperature has
recovered to the range within which it varies during steady state
operation, it has not recovered to the temperature state associated
with the start of the test period--i.e. the temperature is warmer than
at the start of the test period. In order to allow recovery to the
start-of-test-period temperature, the test period would have to
continue until the end of the compressor ``on'' cycle. This analysis
illustrates that the test period prescribed by the interim final rule
for the second part of the test is unlikely to fully account for the
energy use associated with temperature recovery.
DOE concludes that the test period for the second part of the test
specified in the interim final rule for products with cycling
compressors and long-time or variable defrost may not accurately
account for the energy use associated with defrost, which necessitates
a change to enhance the accuracy of the measurement. DOE received no
other comments on this topic during the comment periods for the test
procedure interim final rule. In light of this new information, and its
own review, DOE adopted the approach suggested by Whirlpool in its
comments on the Samsung waiver and interim final rule to help ensure
the procedure in Appendix A provides a greater level of accuracy. DOE
also adopts this approach as the alternate test procedure in this
Decision and Order.
III. Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Samsung petition for waiver. The FTC staff did not have
any objections to granting a waiver to Samsung.
IV. Conclusion
After careful consideration of all the material that was submitted
by Samsung and consultation with the FTC staff, it is ordered that:
(1) The petitions for waiver submitted by the Samsung Electronics
America, Inc. (Case Nos. RF-018 and RF-019) are hereby granted as set
forth in the paragraphs below.
(2) Samsung shall be required to test and rate the following
Samsung models according to the alternate test procedure set forth in
paragraph (3) below.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
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 ..........................................................
DFSF9VKB**** GFSF6PKB**** GFSS6PKB****
GFSF6PKBBB GFSS6PKBSS GFSF6PKBWW
DFSS9VKB**** ......................... ..........................................................
----------------------------------------------------------------------------------------------------------------
(3) Samsung shall be required to test the products listed in
paragraph (2) above according to the test procedures for residential
electric refrigerator-freezers prescribed by DOE at 10 CFR part 430,
appendix A1, except that, for the Samsung products listed in paragraph
(2) 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:
4.2.1 Long-time Automatic Defrost. If the model being tested has a
long-time automatic defrost system, the two-part test described in this
section may 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 (section 4.1). The second part is
designed to capture the energy consumed during all of the events
occurring with the defrost
[[Page 1477]]
control sequence that are outside of stable operation.
4.2.1.1 Cycling Compressor System. For a system with a cycling
compressor, the second part of the test starts at the termination of
the last regular compressor ``on'' cycle. The average temperatures of
the fresh food and freezer compartments measured from the termination
of the previous compressor ``on'' cycle to the termination of the last
regular compressor ``on'' cycle must both be within 0.5 [deg]F (0.3
[deg]C) of their average temperatures measured for the first part of
the test. If any compressor cycles occur prior to the defrost heater
being energized that cause the average temperature in either
compartment to deviate from its average temperature for the first part
of the test by more than 0.5 [deg]F (0.3 [deg]C), these compressor
cycles are not considered regular compressor cycles and must be
included in the second part of the test. As an example, a
``precooling'' cycle, which is an extended compressor cycle that lowers
the temperature(s) of one or both compartments prior to energizing the
defrost heater, must be included in the second part of the test. The
test period for the second part of the test ends at the termination of
the first regular compressor ``on'' cycle after both compartment
temperatures have fully recovered to their stable conditions. The
average temperatures of the compartments measured from this termination
of the first regular compressor ``on'' cycle until the termination of
the next regular compressor ``on'' cycle must both be within 0.5 [deg]F
(0.3 [deg]C) of their average temperatures measured for the first part
of the test. See Figure 1.
[GRAPHIC] [TIFF OMITTED] TN10JA12.003
4.2.4 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. The two-part method in 4.2.1 shall be
used. The second part of the method will be conducted separately for
each distinct defrost cycle type.
3. In section 5, Test Measurements, the following:
5.2.1.5 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:
[[Page 1478]]
[GRAPHIC] [TIFF OMITTED] TN10JA12.004
Where:
1440 is defined in 5.2.1.1 and EP1, T1, and 12 are defined in
5.2.1.2;
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 (CTM[itilde] 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 for the defrost cycle type with the longest compressor run
time between defrosts 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 6 and 96 shall be used,
respectively.
D is the total number of distinct defrost cycle types.
(4) Representations. Samsung may make representations about the
energy use of its refrigerator-freezer products for compliance,
marketing, or other purposes only to the extent that such products have
been tested in accordance with the provisions outlined above and such
representations fairly disclose the results of such testing.
(5) This waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(m).
(6) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke 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 the basic models' true energy consumption
characteristics.
(7) This waiver applies only to those basic models set out in
Samsung's January 27 and July 19, 2011 petitions for waiver. Grant of
this waiver does not release a petitioner from the certification
requirements set forth at 10 CFR part 429.
Issued in Washington, DC, on January 3, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2012-216 Filed 1-9-12; 8:45 am]
BILLING CODE P
