Decision and Order Granting a Waiver to GE Appliances From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 75426-75428 [2012-30676]

Download as PDF tkelley on DSK3SPTVN1PROD with 75426 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices NPGI is to develop a basic knowledge of the structures and functions of plant genomes and to translate this knowledge to a comprehensive understanding of all aspects of economically important plants and plant processes of potential economic value. By bridging basic research and plant performance in the field, the NPGI seeks to accelerate basic discovery and innovation in economically important plants and enable enhanced management of agriculture, natural resources, and the environment to meet societal needs. The activities of the NPGI have been coordinated through three Five Year Plans covering 1998–2001, 2002–2008, and 2009–2013. The IWGPG was reestablished in November 2012 under the Life Sciences Subcommittee of the Committee on Science to engage the plant community in prioritizing genomics tools and resources, define new strategies that will meet community needs and priorities sustainably, advance biological innovation and breakthrough discovery, and improve coordination among Federal agencies and international plant genomics partners. This new working group is composed of representatives from DOE, NSF, the U.S. Dept. of Agriculture (USDA), the Environmental Protection Agency (EPA), the U.S. Agency for International Development (USAID), the Smithsonian Institution, the U.S. Dept. of Interior (DOI), and the National Institutes of Health (NIH). As part of its activities, the IWGPG has been charged with seeking input from the broader research community, including the public and private sectors as well as the international community, towards the development of the NPGI 2014–2018 Strategic Plan. In this workshop consideration will be given to: • Minimization of inputs such as water, energy, pesticides, and fertilizer; • Effects of climate change and increasing agricultural productivity; • Minimization of environmental impacts using plant genomics; • Opportunities for Federal agency coordination, cooperation, public/ private partnerships; • Associated opportunities to enhance training, education, and public outreach. Short presentations will be given on potential priorities as a starting point for discussion. Public Participation: The workshop is open to the public. Public comment will be accepted before and after the workshop through the Web site: https://extwiki.nsf.gov/x/DQAOAQ. Workshop Report: The report produced by this workshop will be VerDate Mar<15>2010 16:07 Dec 19, 2012 Jkt 229001 available to the public within 60 days at the Web site: https://extwiki.nsf.gov/x/ DQAOAQ. Issued in Washington, DC, on December 13, 2012. Sharlene C. Weatherwax, Associate Director of Science for Biological and Environmental Research, U.S. Department of Energy. [FR Doc. 2012–30630 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–023] Decision and Order Granting a Waiver to GE Appliances 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–023) that grants to GE Appliances (GE) 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– 023. In its petition, GE 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, GE 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 decision and order as set forth below. The decision and order grants GE 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 GE tests and rates such products using the alternate test procedure described in this notice. Today’s decision prohibits GE 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: GE Appliances (Case No. RF–023). 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 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. E:\FR\FM\20DEN1.SGM 20DEN1 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices tkelley on DSK3SPTVN1PROD with 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. GE’s Petition for Waiver: Assertions and Determinations On January 26, 2012, GE 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. GE is designing new refrigerator-freezers that incorporate multiple defrost cycles. In its petition, GE seeks a waiver from the procedure provided in Appendix A1 because that test procedure does not account for products that use multiple defrost cycles. Therefore, GE 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 an interim final rule (75 FR 78810, December 16, 2010). On January 27 and July 19, 2011, Samsung submitted similar petitions for waiver and requests for interim waiver for basic models of VerDate Mar<15>2010 16:07 Dec 19, 2012 Jkt 229001 refrigerator-freezers that incorporate multiple defrost cycles. After initially granting these interim waiver requests, DOE ultimately granted Samsung with a waiver for the products specified in those petitions through a final decision and order that adopted a modified version of the interim final rule’s procedure. 77 FR 1474 (Jan. 10, 2012). That modified procedure was also adopted by DOE as part of a recently published rule that finalized the test procedures that electric refrigerator and refrigerator-freezer manufacturers must use starting in 2014. See 77 FR 3559 (Jan. 25, 2012) (finalizing refrigerator and refrigerator-freezer test procedures for 2014 in 10 CFR Part 430, Appendix A). GE’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 requested by GE is the same as the test procedure published in the interim final rule referenced above. As noted above, DOE recently published a final test procedure for refrigerators, refrigerator-freezers, and freezers (77 FR 3559 (Jan. 25, 2012)). The alternate test procedure sought by GE is identical to the interim final rule test procedure provisions for products with long-time or variable defrost adopted in the final test procedure rule. Because DOE has finalized a test procedure that accounts for products that employ these longtime or variable defrost control strategies, DOE is granting GE’s request but requiring that the company use the more recently finalized procedure in order to ensure testing consistency for all manufacturers when measuring the energy consumption of these types of products. 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 the GE petition, tested in a consistent manner and is adopting the same approach laid out in its prior decision by permitting GE 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 GE petition for waiver. The FTC staff did not have any objections to granting a waiver to GE. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 75427 IV. Conclusion After careful consideration of all the material that was submitted by GE and consultation with FTC staff, it is ordered that: (1) The petitions for waiver submitted by the GE Appliances (Case No. RF–023) are hereby granted as set forth in paragraphs. (2) GE shall be required to test and rate the following GE models according to the alternate test procedure set forth in paragraph (3) of this section. CYE24T****** CFE29T****** DFE29J****** GNE26G****** GFE27G****** GFE27H****** GFE29H****** PWE23K****** PYE24K****** PYE24P****** PFE27K****** PFE29P****** PFH29P****** (3) GE 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), amending 10 CFR Part 430, Appendix A. (4) Representations. GE 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 GE’s January 26, 2012 petition for waiver. Grant of this waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429. E:\FR\FM\20DEN1.SGM 20DEN1 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

Agencies

[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75426-75428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30676]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-023]


Decision and Order Granting a Waiver to GE Appliances 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-023) that grants to GE Appliances (GE) 
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-023. In its petition, GE 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, GE 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 GE 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 GE tests and rates such products 
using the alternate test procedure described in this notice. Today's 
decision prohibits GE 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: GE Appliances (Case No. RF-023).

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

[[Page 75427]]

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. GE's Petition for Waiver: Assertions and Determinations

    On January 26, 2012, GE 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. GE is designing new refrigerator-freezers that incorporate multiple 
defrost cycles. In its petition, GE seeks a waiver from the procedure 
provided in Appendix A1 because that test procedure does not account 
for products that use multiple defrost cycles. Therefore, GE 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 an interim final rule (75 FR 78810, December 16, 
2010). On January 27 and July 19, 2011, Samsung submitted similar 
petitions for waiver and requests for interim waiver for basic models 
of refrigerator-freezers that incorporate multiple defrost cycles. 
After initially granting these interim waiver requests, DOE ultimately 
granted Samsung with a waiver for the products specified in those 
petitions through a final decision and order that adopted a modified 
version of the interim final rule's procedure. 77 FR 1474 (Jan. 10, 
2012). That modified procedure was also adopted by DOE as part of a 
recently published rule that finalized the test procedures that 
electric refrigerator and refrigerator-freezer manufacturers must use 
starting in 2014. See 77 FR 3559 (Jan. 25, 2012) (finalizing 
refrigerator and refrigerator-freezer test procedures for 2014 in 10 
CFR Part 430, Appendix A).
    GE'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 requested by GE is the 
same as the test procedure published in the interim final rule 
referenced above. As noted above, DOE recently published a final test 
procedure for refrigerators, refrigerator-freezers, and freezers (77 FR 
3559 (Jan. 25, 2012)). The alternate test procedure sought by GE is 
identical to the interim final rule test procedure provisions for 
products with long-time or variable defrost adopted in the final test 
procedure rule. Because DOE has finalized a test procedure that 
accounts for products that employ these long-time or variable defrost 
control strategies, DOE is granting GE's request but requiring that the 
company use the more recently finalized procedure in order to ensure 
testing consistency for all manufacturers when measuring the energy 
consumption of these types of products.
    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 the GE petition, 
tested in a consistent manner and is adopting the same approach laid 
out in its prior decision by permitting GE 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 GE petition for waiver. The FTC staff did not have any 
objections to granting a waiver to GE.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by GE and consultation with FTC staff, it is ordered that:
    (1) The petitions for waiver submitted by the GE Appliances (Case 
No. RF-023) are hereby granted as set forth in paragraphs.
    (2) GE shall be required to test and rate the following GE models 
according to the alternate test procedure set forth in paragraph (3) of 
this section.

CYE24T******
CFE29T******
DFE29J******
GNE26G******
GFE27G******
GFE27H******
GFE29H******
PWE23K******
PYE24K******
PYE24P******
PFE27K******
PFE29P******
PFH29P******

    (3) GE 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), 
amending 10 CFR Part 430, Appendix A.
    (4) Representations. GE 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 GE's 
January 26, 2012 petition for waiver. Grant of this waiver does not 
release a petitioner from the certification requirements set forth at 
10 CFR part 429.


[[Page 75428]]


    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