Decision and Order Granting a Waiver to Sanyo From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 49443-49444 [2012-20125]
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Federal Register / Vol. 77, No. 159 / Thursday, August 16, 2012 / Notices
Issued at Washington, DC, on August 13,
2012.
LaTanya R. Butler,
Acting Deputy Committee Management
Officer.
[FR Doc. 2012–20124 Filed 8–15–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–022]
Decision and Order Granting a Waiver
to Sanyo 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 No. RF–022)
that grants Sanyo E&E Corporation
(Sanyo) a waiver from the DOE electric
refrigerator and refrigerator-freezer test
procedures for determining the energy
consumption of residential refrigeratorfreezers for the basic models set forth in
its petition for waiver. Under today’s
decision and order, Sanyo shall be
required to test and rate its hybrid wine
chiller/beverage center basic models
using an alternate test procedure that
requires Sanyo to test the wine chiller
compartment at 55 °F instead of the
prescribed temperature of 38 °F.
DATES: This Decision and Order is
effective August 16, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Building Technologies Program,
Mailstop EE–2J, 1000 Independence
Avenue SW., Washington, DC 20585–
0121. Telephone: (202) 586–0371,
Email: Bryan.Berringer@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.
SUMMARY:
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 Sanyo a
waiver from the applicable residential
refrigerator and refrigerator-freezer test
procedures found in 10 CFR part 430,
subpart B, appendix A1 for certain basic
models of hybrid wine chiller/beverage
mstockstill on DSK4VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:38 Aug 15, 2012
Jkt 226001
center, provided that Sanyo tests and
rates such products using the alternate
test procedure described in this notice.
Today’s decision prohibits Sanyo from
making representations concerning the
energy efficiency of these products
unless the product has been tested in a
manner 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 August 9,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Sanyo E&E
Corporation (Case No. RF–022).
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
that 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
design characteristics that prevent
testing according to the prescribed test
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
49443
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.
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. Sanyo’s Petition for Waiver:
Assertions and Determinations
On June 2, 2011, Sanyo submitted a
petition for waiver and application for
interim waiver (petition) from the test
procedure applicable to residential
electric refrigerators and refrigeratorfreezers set forth in 10 CFR Part 430,
subpart B, appendix A1. In its petition,
Sanyo seeks a waiver from the existing
DOE test procedure applicable to
refrigerators and refrigerator-freezers
under 10 CFR Part 430 for Sanyo’s
hybrid models that consist of singlecabinet units with a refrigerated
beverage compartment in the top
portion and a wine storage compartment
in the bottom of the units. DOE issued
guidance that clarified the test
procedures to be used for hybrid
products such as the Sanyo models at
issue here: https://www1.eere.energy.gov/
buildings/appliance_standards/
residential/pdfs/refrigerator_definition_
faq.pdf. This guidance specifies that
basic models such as the ones Sanyo
identifies in its petition, which do not
have a separate wine storage
compartment with a separate exterior
door, are to be tested according to the
DOE test procedure in Appendix A1,
with the temperatures specified therein.
E:\FR\FM\16AUN1.SGM
16AUN1
49444
Federal Register / Vol. 77, No. 159 / Thursday, August 16, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Sanyo asserts that the wine storage
compartment cannot be tested at the
prescribed temperature of 38 °F, because
the minimum compartment temperature
is 45 °F. Sanyo submitted an alternate
test procedure to account for the energy
consumption of its wine chiller/
beverage centers. That alternate
procedure would test the wine chiller
compartment at 55 °F, instead of the
prescribed 38 °F. To justify the use of
this standardized temperature for
testing, Sanyo stated in its petition that
it designed these models to provide an
average temperature of 55 to 57 °F,
which it determined is a commonly
recommended temperature for wine
storage, suggesting that this temperature
is presumed to be representative of
expected consumer use. 77 FR 19656.
DOE notes that the test procedures for
wine chillers adopted by the
Association of Home Appliance
Manufacturers (AHAM), California
Energy Commission (CEC), and Natural
Resources Canada all use a standardized
compartment temperature of 55 °F for
wine chiller compartments, which is
consistent with Sanyo’s approach.
III. Conclusion
After careful consideration of all the
material that was submitted by Sanyo, it
is ordered that:
(1) The petition for waiver submitted
by the Sanyo E&E Corporation (Case No.
RF–022) is hereby granted as set forth in
the paragraphs below.
(2) Sanyo shall be required to test and
rate the following Sanyo models
according to the alternate test procedure
set forth in paragraph (3) below.
JUB248LB
JUB248RB
JUB248LW
JUB248RW
KBCO24LS
KBCS24LS
KBCO24RS
KBCS24RS
MBCM24FW
(3) Sanyo shall be required to test the
products listed in paragraph (2) above
according to the test procedures for
electric refrigerator-freezers prescribed
by DOE at 10 CFR part 430, Appendix
A1, except that, for the Sanyo products
listed in paragraph (2) only, test the
wine chiller compartment at 55 °F,
instead of the prescribed 38 °F.
(4) Representations. Sanyo may make
representations about the energy use of
its hybrid wine chiller/beverage center
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.
VerDate Mar<15>2010
16:38 Aug 15, 2012
Jkt 226001
(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 Sanyo’s June 2,
2011 petition 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 August 9,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–20125 Filed 8–15–12; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Proposed Collection
Renewal; Comment Request
(3064–0152)
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:
The FDIC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on the renewal of an existing
information collection, as required by
the Paperwork Reduction Act of 1995
(44 U.S.C. chapter 35). Currently, the
FDIC is soliciting comment on renewal
of the information collection described
below.
DATES: Comments must be submitted on
or before October 15, 2012.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• https://www.FDIC.gov/regulations/
laws/federal/notices.html.
• Email: comments@fdic.gov Include
the name of the collection in the subject
line of the message.
• Mail: Gary A. Kuiper
(202.898.3877), Counsel, Room NYA–
5046, Federal Deposit Insurance
SUMMARY:
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
Corporation, 550 17th Street NW.,
Washington, DC 20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street Building
(located on F Street), on business days
between 7 a.m. and 5 p.m.
All comments should refer to the
relevant OMB control number. A copy
of the comments may also be submitted
to the OMB desk officer for the FDIC:
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Gary
A. Kuiper, at the FDIC address above.
SUPPLEMENTARY INFORMATION:
Proposal to renew the following
currently-approved collection of
information:
Affected Public: Individuals;
Businesses or other for-profit.
Estimated Number of Respondents:
4546.
Estimated Time per Response: 16
hours.
Estimated Total Annual Burden:
72,736 hours.
General Description of the Collection:
12 CFR 334.82, 334.90, 334.91 and
Appendix J to Part 334 implement
sections 114 and 315 of the Fair and
Accurate Credit Transactions Act of
2003 (FACT Act), Public Law 108–159
(2003). Section 114 amended section
615 of the Fair Credit Reporting Act
(FCRA) to require the OCC, FRB, FDIC,
OTS, NCUA, and FTC (Agencies) to
issue jointly (i) Guidelines for financial
institutions and creditors regarding
identity theft with respect to their
account holders and customers; (ii)
regulations requiring each financial
institution and creditor to establish
reasonable policies and procedures for
implementing the guidelines to identify
possible risks to account holders or
customers or to the safety and
soundness of the institution or creditor;
and (iii) regulations generally requiring
credit and debit card issuers to assess
the validity of change of address
requests under certain circumstances.
Section 315 amended section 605 of the
FCRA to require the Agencies to issue
regulations providing guidance
regarding reasonable policies and
procedures that a user of consumer
reports must employ when a user
receives a notice of address discrepancy
from a consumer reporting agency
(CRA). The information collections in
Sec. 334.90 require each financial
institution and creditor that offers or
maintains one or more covered accounts
to develop and implement a written
Identity Theft Prevention Program
E:\FR\FM\16AUN1.SGM
16AUN1
Agencies
[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Notices]
[Pages 49443-49444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20125]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-022]
Decision and Order Granting a Waiver to Sanyo 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 No. RF-022) that grants Sanyo E&E Corporation
(Sanyo) a waiver from the DOE electric refrigerator and refrigerator-
freezer test procedures for determining the energy consumption of
residential refrigerator-freezers for the basic models set forth in its
petition for waiver. Under today's decision and order, Sanyo shall be
required to test and rate its hybrid wine chiller/beverage center basic
models using an alternate test procedure that requires Sanyo to test
the wine chiller compartment at 55 [deg]F instead of the prescribed
temperature of 38 [deg]F.
DATES: This Decision and Order is effective August 16, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-0371, Email: Bryan.Berringer@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 Sanyo a waiver from the applicable residential
refrigerator and refrigerator-freezer test procedures found in 10 CFR
part 430, subpart B, appendix A1 for certain basic models of hybrid
wine chiller/beverage center, provided that Sanyo tests and rates such
products using the alternate test procedure described in this notice.
Today's decision prohibits Sanyo from making representations concerning
the energy efficiency of these products unless the product has been
tested in a manner 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 August 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Sanyo E&E Corporation (Case No. RF-022).
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 that 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.
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. Sanyo's Petition for Waiver: Assertions and Determinations
On June 2, 2011, Sanyo submitted a petition for waiver and
application for interim waiver (petition) from the test procedure
applicable to residential electric refrigerators and refrigerator-
freezers set forth in 10 CFR Part 430, subpart B, appendix A1. In its
petition, Sanyo seeks a waiver from the existing DOE test procedure
applicable to refrigerators and refrigerator-freezers under 10 CFR Part
430 for Sanyo's hybrid models that consist of single-cabinet units with
a refrigerated beverage compartment in the top portion and a wine
storage compartment in the bottom of the units. DOE issued guidance
that clarified the test procedures to be used for hybrid products such
as the Sanyo models at issue here: https://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf. This guidance specifies that basic models such as
the ones Sanyo identifies in its petition, which do not have a separate
wine storage compartment with a separate exterior door, are to be
tested according to the DOE test procedure in Appendix A1, with the
temperatures specified therein.
[[Page 49444]]
Sanyo asserts that the wine storage compartment cannot be tested at the
prescribed temperature of 38 [deg]F, because the minimum compartment
temperature is 45 [deg]F. Sanyo submitted an alternate test procedure
to account for the energy consumption of its wine chiller/beverage
centers. That alternate procedure would test the wine chiller
compartment at 55 [deg]F, instead of the prescribed 38 [deg]F. To
justify the use of this standardized temperature for testing, Sanyo
stated in its petition that it designed these models to provide an
average temperature of 55 to 57 [deg]F, which it determined is a
commonly recommended temperature for wine storage, suggesting that this
temperature is presumed to be representative of expected consumer use.
77 FR 19656. DOE notes that the test procedures for wine chillers
adopted by the Association of Home Appliance Manufacturers (AHAM),
California Energy Commission (CEC), and Natural Resources Canada all
use a standardized compartment temperature of 55 [deg]F for wine
chiller compartments, which is consistent with Sanyo's approach.
III. Conclusion
After careful consideration of all the material that was submitted
by Sanyo, it is ordered that:
(1) The petition for waiver submitted by the Sanyo E&E Corporation
(Case No. RF-022) is hereby granted as set forth in the paragraphs
below.
(2) Sanyo shall be required to test and rate the following Sanyo
models according to the alternate test procedure set forth in paragraph
(3) below.
JUB248LB
JUB248RB
JUB248LW
JUB248RW
KBCO24LS
KBCS24LS
KBCO24RS
KBCS24RS
MBCM24FW
(3) Sanyo shall be required to test the products listed in
paragraph (2) above according to the test procedures for electric
refrigerator-freezers prescribed by DOE at 10 CFR part 430, Appendix
A1, except that, for the Sanyo products listed in paragraph (2) only,
test the wine chiller compartment at 55[emsp14][deg]F, instead of the
prescribed 38[emsp14][deg]F.
(4) Representations. Sanyo may make representations about the
energy use of its hybrid wine chiller/beverage center 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
Sanyo's June 2, 2011 petition 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 August 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-20125 Filed 8-15-12; 8:45 am]
BILLING CODE 6450-01-P