Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 75428-75429 [2012-30675]
Download as PDF
<![CDATA[
75428
Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices
Issued in Washington, DC, on November
19, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–30676 Filed 12–19–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–021]
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 No. RF–021)
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 petition
for waiver in Case RF–021. In its
petition, Samsung provides an alternate
test procedure that is the same as the
test procedure DOE published in a final
rule dated January 25, 2012 (77 FR
3559). Under today’s decision and
order, Samsung shall be required to test
and rate these refrigerator-freezers using
an alternate test procedure as adopted in
DOE’s final rule dated January 25, 2012
(77 FR 3559) that takes multiple defrost
cycles into account when measuring
energy consumption.
DATES: This Decision and Order is
effective December 20, 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 Samsung
tkelley on DSK3SPTVN1PROD with
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:07 Dec 19, 2012
Jkt 229001
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
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 November
19, 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 No. RF–021).
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
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
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. Samsung’s Petition for Waiver:
Assertions and Determinations
On December 14, 2011, Samsung
submitted 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 is
the same as the test procedure
provisions for products with long time
or variable defrost DOE published in a
final rule (77 FR 3559, January 25,
2012). On January 27 and July 19, 2011,
Samsung had submitted similar
petitions for waiver and requests for
interim waiver for other basic models of
E:\FR\FM\20DEN1.SGM
20DEN1
Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices
refrigerator-freezers that incorporate
multiple defrost cycles. DOE
subsequently granted a waiver for the
products specified in these petitions. 77
FR 1474 (Jan. 10, 2012).
Samsung’s petition included an
alternate test procedure to account for
the energy consumption of its
refrigerator-freezer models with
multiple defrost cycles. The alternate
test procedure specified by Samsung is
the same as the test procedure
published in the interim final rule
referenced above. DOE recently issued a
final test procedure for refrigerators,
refrigerator-freezers, and freezers (77 FR
3559, Jan. 25, 2012). The final test
procedure addresses comments received
on the Samsung petitions that were the
subject of the previous waiver, as well
as on the interim final rule. The
alternate test procedure specified in this
interim waiver (as well as the previous
waiver granted to Samsung) is identical
to the test procedure provisions for
products with long time or variable
defrost adopted in the final test
procedure rule.
Because the current applicable test
procedure cannot be used to test the
basic models at issue or would
otherwise lead to materially inaccurate
results, DOE previously granted a
waiver to Samsung for other basic
models incorporating multiple defrost
technology (77 FR 1474, Jan. 10, 2012).
DOE has determined that it is desirable
to have similar basic models, such as
those addressed by this most recent
Samsung petition, tested in a consistent
manner and is adopting the same
approach laid out in its prior decision
by permitting Samsung to use the
alternate test procedure specified 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.
tkelley on DSK3SPTVN1PROD with
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 No. RF–021) 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) of this section.
VerDate Mar<15>2010
18:25 Dec 19, 2012
Jkt 229001
PFSS6SMX****
PSB42******
RF323T*DB**
RF263B*AE**
RF263N*AE**
592 656**
GSE4820SS
RF323B*DB**
RF261B*AE**
RF263S*AE**
PSB48******
E42BS75E**
RF263T*AE**
RF260B*AE**
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9762–3]
Notice of Availability of Proposed
National Pollutant Discharge
Elimination System (NPDES) General
Permit for Offshore Oil and Gas
Exploration, Development and
Production Operations off Southern
California
Environmental Protection
Agency (EPA).
ACTION: Notice of availability of
proposed NPDES general permit
(reissuance).
AGENCY:
Issued in Washington, DC, on November 19,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–30675 Filed 12–19–12; 8:45 am]
BILLING CODE 6450–01–P
Frm 00024
Fmt 4703
EPA Region 9 is proposing to
reissue its general NPDES permit
(permit No. CAG280000) for discharges
from offshore oil and gas exploration,
development and production facilities
located in Federal waters off the coast
of Southern California. This permit was
issued on September 22, 2004, and
modified on November 30, 2009.
This notice announces the availability
of the proposed general permit and fact
sheet for public comment. For the most
part, the proposed permit is very similar
to the 2004 permit. The major changes
from the 2004 permit include the
following: (1) Reduced geographic area
of coverage reflecting a reduction in the
number of lease blocks considered
active by the Bureau of Ocean Energy
Management (BOEM); (2) revised
effluent limits and monitoring
requirements for produced water based
on an updated reasonable potential
analysis; (3) revised whole effluent
toxicity (WET) requirements for
produced water; (4) study requirement
for cooling water intake structures; and
(5) new requirements for an on-line oil
and grease monitor for produced water.
These changes are discussed in more
detail below, and in the fact sheet
accompanying the proposed general
permit.
DATES: Comments on the proposed
permit must be received or postmarked
no later than February 4, 2013.
ADDRESSES: Public comments on the
proposed permit may be submitted by
U.S. Mail to: Environmental Protection
Agency, Region 9, Attn: Eugene
Bromley, NPDES Permits Office (WTR–
5), 75 Hawthorne Street, San Francisco,
California 94105–3901, or by email to:
bromley.eugene@epa.gov.
FOR FURTHER INFORMATION CONTACT:
Eugene Bromley, EPA Region 9, NPDES
Permits Office (WTR–5), 75 Hawthorne
Street, San Francisco, California 94105–
3901, or telephone (415) 972–3510. A
copy of the proposed permit and fact
SUMMARY:
(3) Samsung shall be required to test
the products listed in paragraph (2) of
this section according to the alternate
test procedure as adopted in DOE’s final
rule dated January 25, 2012 (77 FR
3559).
(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
December 14, 2011 petition for waiver.
Grant of this waiver does not release a
petitioner from the certification
requirements set forth at 10 CFR part
429.
PO 00000
75429
Sfmt 4703
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75428-75429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30675]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-021]
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 No. RF-021) 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 petition for waiver in Case RF-021. In its petition, Samsung
provides an alternate test procedure that is the same as the test
procedure DOE published in a final rule dated January 25, 2012 (77 FR
3559). Under today's decision and order, Samsung shall be required to
test and rate these refrigerator-freezers using an alternate test
procedure as adopted in DOE's final rule dated January 25, 2012 (77 FR
3559) that takes multiple defrost cycles into account when measuring
energy consumption.
DATES: This Decision and Order is effective December 20, 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 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 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 November 19, 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 No. RF-
021).
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.
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 December 14, 2011, Samsung submitted 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 is the same
as the test procedure provisions for products with long time or
variable defrost DOE published in a final rule (77 FR 3559, January 25,
2012). On January 27 and July 19, 2011, Samsung had submitted similar
petitions for waiver and requests for interim waiver for other basic
models of
[[Page 75429]]
refrigerator-freezers that incorporate multiple defrost cycles. DOE
subsequently granted a waiver for the products specified in these
petitions. 77 FR 1474 (Jan. 10, 2012).
Samsung's petition included an alternate test procedure to account
for the energy consumption of its refrigerator-freezer models with
multiple defrost cycles. The alternate test procedure specified by
Samsung is the same as the test procedure published in the interim
final rule referenced above. DOE recently issued a final test procedure
for refrigerators, refrigerator-freezers, and freezers (77 FR 3559,
Jan. 25, 2012). The final test procedure addresses comments received on
the Samsung petitions that were the subject of the previous waiver, as
well as on the interim final rule. The alternate test procedure
specified in this interim waiver (as well as the previous waiver
granted to Samsung) is identical to the test procedure provisions for
products with long time or variable defrost adopted in the final test
procedure rule.
Because the current applicable test procedure cannot be used to
test the basic models at issue or would otherwise lead to materially
inaccurate results, DOE previously granted a waiver to Samsung for
other basic models incorporating multiple defrost technology (77 FR
1474, Jan. 10, 2012). DOE has determined that it is desirable to have
similar basic models, such as those addressed by this most recent
Samsung petition, tested in a consistent manner and is adopting the
same approach laid out in its prior decision by permitting Samsung to
use the alternate test procedure specified 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 No. RF-021) 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) of this section.
PFSS6SMX****
PSB42******
RF323T*DB**
RF263B*AE**
RF263N*AE**
592 656**
GSE4820SS
RF323B*DB**
RF261B*AE**
RF263S*AE**
PSB48******
E42BS75E**
RF263T*AE**
RF260B*AE**
(3) Samsung shall be required to test the products listed in
paragraph (2) of this section according to the alternate test procedure
as adopted in DOE's final rule dated January 25, 2012 (77 FR 3559).
(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 December 14, 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 November 19, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2012-30675 Filed 12-19-12; 8:45 am]
BILLING CODE 6450-01-P
