Notice of Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver, 12044-12048 [2013-04062]
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
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Issued in Washington, DC on February 14,
2013.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2013–04064 Filed 2–20–13; 8:45 am]
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DEPARTMENT OF ENERGY
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of Energy.
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The Federal Advisory Committee Act
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SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Issued on Washington, DC on February 14,
2013.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2013–04063 Filed 2–20–13; 8:45 am]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–025]
Notice of Petition for Waiver of
Samsung Electronics America, Inc.
From the Department of Energy
Residential Refrigerator and
Refrigerator-Freezer Test Procedure,
and Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
AGENCY:
This notice announces receipt
of and publishes the Samsung
Electronics America, Inc. (Samsung)
petition for waiver (hereafter,
‘‘petition’’) from specified portions of
the U.S. Department of Energy (DOE)
test procedure for determining the
energy consumption of electric
refrigerators and refrigerator-freezers. In
its petition, Samsung provides an
alternate test procedure that is the same
as the test procedure DOE published in
an interim final rule. DOE solicits
comments, data, and information
concerning Samsung’s petition and the
suggested alternate test procedure.
Today’s notice also grants Samsung an
interim waiver from the electric
refrigerator and refrigerator-freezer test
procedure, subject to use of the
alternative test procedure set forth in
this notice.
DATES: DOE will accept comments, data,
and information with respect to the
Samsung Petition until March 25, 2013.
ADDRESSES: You may submit comments,
identified by case number ‘‘RF–025,’’ by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
AS_Waiver_Requests@ee.doe.gov.
Include the case number [Case No. RF–
025] in the subject line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
SUMMARY:
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza SW., Washington, DC 20024; (202)
586–2945, between 9:00 a.m. and 4:00
p.m., Monday through Friday, except
Federal holidays. Available documents
include the following items: (1) This
notice; (2) public comments received;
(3) the petition for waiver and
application for interim waiver; and (4)
prior DOE waivers and rulemakings
regarding similar refrigerator-freezer
products. Please call Ms. Brenda
Edwards at the above telephone number
for additional information.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Building Technologies Program,
Mail Stop EE–2J, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
AS_Waiver_Requests@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–7796. Email:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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I. Background and Authority
Title III, part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6291–
6309, as codified), established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, a program covering most
major household appliances, which
includes the electric refrigerators and
refrigerator-freezers that are the focus of
this notice.1 Part B includes definitions,
test procedures, labeling provisions,
energy conservation standards, and the
authority to require information and
reports from manufacturers. Further,
part B authorizes the Secretary of
Energy to prescribe test procedures that
are reasonably designed to produce
results which measure the energy
efficiency, energy use, or estimated
annual operating costs of a covered
product, and that are not unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for
automatic electric refrigerators and
refrigerator-freezers is contained in 10
CFR part 430, subpart B, appendix A1.
The regulations set forth in 10 CFR
430.27 contain provisions that enable a
person to seek a waiver from the test
1 For editorial reasons, upon codification in the
U.S. Code, part B was re-designated part A.
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procedure requirements for covered
products. The Assistant Secretary for
Energy Efficiency and Renewable
Energy (the Assistant Secretary) will
grant a waiver if it is determined that
the basic model for which the petition
for waiver was submitted contains one
or more design characteristics that
prevents testing of the basic model
according to the prescribed test
procedures, or if the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(l). 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. The Assistant Secretary
may grant the 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).
The waiver process also allows the
Assistant Secretary to grant an interim
waiver from test procedure
requirements to manufacturers that have
petitioned DOE for a waiver of such
prescribed test procedures. 10 CFR
430.27(g). An interim waiver remains in
effect for 180 days or until DOE issues
its determination on the petition for
waiver, whichever occurs earlier. DOE
may extend an interim waiver for an
additional 180 days. 10 CFR 430.27(h).
II. Petition for Waiver of Test Procedure
and Application for Interim Waiver
On December 11, 2012, 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, 3564–3565,
January 25, 2012). These provisions
were placed in appendix A, which is
not required for use until September 15,
2014, and not in the current appendix
A1 test procedure. On January 27, July
19, and December 14, 2011, and
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Samsung had submitted similar
petitions for waiver and requests for
interim waiver for other basic models of
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) and 77 FR 75428
(Dec. 20, 2012).
Samsung also requests an interim
waiver from the existing DOE test
procedure. An interim waiver may be
granted if it is determined that the
applicant will experience economic
hardship if the application for interim
waiver is denied, if it appears likely that
the petition for waiver will be granted,
and/or the Assistant Secretary
determines that it would be desirable for
public policy reasons to grant
immediate relief pending a
determination of the petition for waiver.
(10 CFR 430.27(g).
DOE has determined that Samsung’s
application for interim waiver does not
provide sufficient market, equipment
price, shipments and other
manufacturer impact information to
permit DOE to evaluate the economic
hardship Samsung might experience
absent a favorable determination on its
application for interim waiver. DOE has
determined, however that it is likely
Samsung’s petition will be granted, and
that it is desirable for public policy
reasons to grant Samsung relief pending
a determination on the petition.
Previously, DOE granted a waiver to
Samsung for other basic models
incorporating multiple defrost
technology (77 FR 1474, Jan. 10, 2012
and 77 FR 75428, Dec. 20, 2012), and
DOE has determined that it is desirable
to have similar basic models tested in a
consistent manner.
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 final rule referenced
above. 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.
For the reasons stated above, DOE
grants Samsung’s application for interim
waiver from testing of its refrigeratorfreezer product line containing multiple
defrost cycles . Therefore, it is ordered
that:
The application for interim waiver
filed by Samsung is hereby granted for
the specified Samsung refrigerator-
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
freezer basic models that incorporate
multiple defrost cycles, subject to the
specifications and conditions below.
Samsung shall be required to test or rate
the specified refrigerator-freezer
products according to the alternate test
procedure as set forth in section III,
‘‘Alternate Test Procedure.’’
The interim waiver applies to the
following basic model groups:
RF31FM*SB**
RF31FM*DB**
RF24FS*DB**
DOE makes decisions on waivers and
interim waivers for only those models
specifically set out in the petition, not
future models that may be manufactured
by the petitioner. Samsung may submit
a subsequent petition for waiver and
request for grant of interim waiver, as
appropriate, for additional models of
refrigerator-freezers for which it seeks a
waiver from the DOE test procedure. In
addition, DOE notes that grant of an
interim waiver or waiver does not
release a petitioner from the
certification requirements set forth at 10
CFR part 429.
Further, this interim waiver is
conditioned upon the presumed validity
of statements, representations, and
documents provided by the petitioner.
DOE may revoke or modify this interim
waiver at any time upon a
determination that the factual basis
underlying the petition for waiver is
incorrect, or upon a determination that
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics.
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III. Alternate Test Procedure
EPCA requires that manufacturers use
DOE test procedures to make
representations about the energy
consumption and energy consumption
costs of products covered by the statute.
(42 U.S.C. 6293(c)) Consistent
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representations are important for
manufacturers to use in making
representations about the energy
efficiency of their products and to
demonstrate compliance with
applicable DOE energy conservation
standards. Pursuant to its regulations
applicable to waivers and interim
waivers from applicable test procedures
at 10 CFR 430.27, DOE will consider
setting an alternate test procedure for
Samsung in a subsequent Decision and
Order.
During the period of the interim
waiver granted in this notice, Samsung
shall test the products listed above
according to the test procedures for
residential electric refrigerator-freezers
prescribed by DOE at 10 CFR part 430,
subpart B, appendix A1, except that, for
the Samsung products listed above only,
include:
1. In section 1, Definitions, the
following definition:
‘‘Defrost cycle type’’ means a distinct
sequence of control whose function is to
remove frost and/or ice from a
refrigerated surface. There may be
variations in the defrost control
sequence such as the number of defrost
heaters energized. Each such variation
establishes a separate distinct defrost
cycle type. However, defrost achieved
regularly during the compressor ‘‘off’’
cycles by warming of the evaporator
without active heat addition is not a
defrost cycle type.
2. In section 4, Test Period, the
following:
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
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second part is designed to capture the
energy consumed during all of the
events occurring with the defrost
control sequence that are outside of
stable operation.
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
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.
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
12047
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:
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 = least or shortest compressor run time
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i in hours rounded to the nearest tenth
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EN21FE13.004
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:
EN21FE13.002 EN21FE13.003
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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
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Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices
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 CTLi 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.
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IV. Summary and Request for
Comments
Through today’s notice, DOE
announces receipt of Samsung’s petition
for waiver from certain parts of the test
procedure that apply to refrigeratorfreezers and grants an interim waiver to
Samsung. DOE is publishing Samsung’s
petition for waiver in its entirety
pursuant to 10 CFR 430.27(b)(1)(iv). The
petition contains no confidential
information. The petition includes a
suggested alternate test procedure to
measure the energy consumption of
refrigerator-freezer basic models that
incorporate multiple defrost cycles.
DOE solicits comments from
interested parties on all aspects of the
petition. Pursuant to 10 CFR
430.27(b)(1)(iv), any person submitting
written comments to DOE must also
send a copy of such comments to the
petitioner. The contact information for
the petitioner is: Michael Moss, Director
of Corporate Environmental Affairs,
Samsung Electronics America, Inc., 19
Chapin Road, Building D, Pine Brook,
NJ 07058. All submissions received
must include the agency name and case
number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, Portable Document
Format (PDF), or text (American
Standard Code for Information
Interchange (ASCII)) file format and
avoid the use of special characters or
any form of encryption. Wherever
possible, include the electronic
signature of the author. DOE does not
accept telefacsimiles (faxes).
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Issued in Washington, DC, on February 13,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
December 11, 2012
Dr. David Danielson
Energy Efficiency and Renewable
Energy
Department of Energy
1000 Independence Avenue, SW.
Washington, DC 20585
Dear Assistant Secretary Danielson:
Samsung Electronics America, Inc.
(‘‘Samsung’’) respectfully submits this
Application for Interim Waiver and
Petition for Waiver to the Department of
Energy (‘‘DOE’’ or ‘‘the Department’’)
regards to Samsung’s compressor
refrigerator-freezers with multiple
defrost cycles.
Reasoning
10 CFR Part 430.27(a)(1) allows a
person to submit a petition to waive for
a particular basic model any
requirements of § 430.23 upon the
grounds that the basic model contains
one or more design characteristics
which either prevent testing of the basic
model according to the prescribed test
procedures, or the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data.
Current test procedures as prescribed
in Appendix A1 to Subpart B of Part 430
(‘‘Appendix A1’’) do not adequately
provide a way for Samsung to accurately
represent the energy consumption of its
refrigerator-freezers with multiple
defrost cycles. DOE concurred with
Samsung’s understanding in the interim
waiver granted to Samsung in 76 FR
16760 1 and subsequently granted the
waiver on January 10, 2012 (77 FR
1474). Additionally, DOE
communicated that all manufacturers
planning on marketing refrigeratorfreezers with multiple defrost cycles
must seek a waiver from the
Department.2
For the reasons that DOE described in
its granting of waiver (77 FR 1474) for
1 DOE understands, however, that absent an
interim waiver, Samsung’s products would not be
accurately tested and rated for energy consumption
because the current energy test procedure does not
include test procedures for products with multiple
defrost cycle types.
2 Until these amendments are required in
conjunction with the 2014 standards, manufacturers
introducing products equipped with multiple
defrost cycle types should, consistent with 10 CFR
430.27, petition for a waiver since the modified
version of Appendix A1 set out in today’s notice
will not include a specified method for capturing
this energy usage.
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Samsung refrigerator freezers with
multiple defrost cycles, Samsung
believes that the granting of Interim
Waiver and Waiver for the models listed
below are warranted.
Request
Samsung requests that the alternate
test procedure for refrigerators with
multiple defrost cycles, as prescribed in
the waiver (77 FR 1474) and in the
interim waiver (77 FR 13109) granted to
Samsung, be granted for the following
basic Samsung refrigerator-freezers with
multiple defrost cycles models:
RF31FM*SB**
RF31FM*DB**
RF24FS*DB**
Please feel free to contact me if you
have any questions regarding this
Petition for Waiver and Application for
Interim Waiver. I will be happy to
discuss should any questions arise.
Sincerely,
Michael Moss
Director of Corporate Environmental
Affairs
[FR Doc. 2013–04062 Filed 2–20–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP13–78–000]
Gulf Shore Energy Partners, LP; Notice
of Abbreviated Application for Limited
Amendment to Certificate of Public
Convenience and Necessity
On February 11, 2013, Gulf Shore
Energy Partners, LP (‘‘Gulf Shore’’), filed
an abbreviated application for limited
amendment to certificate of public
convenience and necessity pursuant to
Section 7(c) of the Natural Gas Act
(‘‘NGA’’), requesting authorization to
amend its initial rates.
Any person desiring to intervene or to
protest in this proceeding must file in
accordance with Rules 211 and 214 of
the Commission’s Rules of Practice and
Procedure (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceeding. Anyone filing a motion
to intervene or protest must serve a copy
of that document on the Applicant. In
reference to filings initiating a new
proceeding, interventions or protests
submitted on or before the comment
deadline need not be served on persons
other than the Applicant.
E:\FR\FM\21FEN1.SGM
21FEN1
Agencies
[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12044-12048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04062]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-025]
Notice of Petition for Waiver of Samsung Electronics America,
Inc. From the Department of Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, notice of grant of interim
waiver, and request for comments.
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SUMMARY: This notice announces receipt of and publishes the Samsung
Electronics America, Inc. (Samsung) petition for waiver (hereafter,
``petition'') from specified portions of the U.S. Department of Energy
(DOE) test procedure for determining the energy consumption of electric
refrigerators and refrigerator-freezers. In its petition, Samsung
provides an alternate test procedure that is the same as the test
procedure DOE published in an interim final rule. DOE solicits
comments, data, and information concerning Samsung's petition and the
suggested alternate test procedure. Today's notice also grants Samsung
an interim waiver from the electric refrigerator and refrigerator-
freezer test procedure, subject to use of the alternative test
procedure set forth in this notice.
DATES: DOE will accept comments, data, and information with respect to
the Samsung Petition until March 25, 2013.
ADDRESSES: You may submit comments, identified by case number ``RF-
025,'' by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: AS_Waiver_Requests@ee.doe.gov. Include the case
number [Case No. RF-025] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Please submit one signed original paper
copy.
[[Page 12045]]
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., Washington, DC 20024; (202) 586-2945, between
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal
holidays. Available documents include the following items: (1) This
notice; (2) public comments received; (3) the petition for waiver and
application for interim waiver; and (4) prior DOE waivers and
rulemakings regarding similar refrigerator-freezer products. Please
call Ms. Brenda Edwards at the above telephone number for additional
information.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-0371. Email: AS_Waiver_Requests@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue SW., Washington, DC 20585-0103. Telephone: (202) 586-7796.
Email: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified),
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, a program covering most major household appliances,
which includes the electric refrigerators and refrigerator-freezers
that are the focus of this notice.\1\ Part B includes definitions, test
procedures, labeling provisions, energy conservation standards, and the
authority to require information and reports from manufacturers.
Further, part B authorizes the Secretary of Energy to prescribe test
procedures that are reasonably designed to produce results which
measure the energy efficiency, energy use, or estimated annual
operating costs of a covered product, and that are not unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for
automatic electric refrigerators and refrigerator-freezers is contained
in 10 CFR part 430, subpart B, appendix A1.
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\1\ For editorial reasons, upon codification in the U.S. Code,
part B was re-designated part A.
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The regulations set forth in 10 CFR 430.27 contain provisions that
enable a person to seek a waiver from the test procedure requirements
for covered products. The Assistant Secretary for Energy Efficiency and
Renewable Energy (the Assistant Secretary) will grant a waiver if it is
determined that the basic model for which the petition for waiver was
submitted contains one or more design characteristics that prevents
testing of the basic model according to the prescribed test procedures,
or if the prescribed test procedures may evaluate the basic model in a
manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 430.27(l). 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. The
Assistant Secretary may grant the 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).
The waiver process also allows the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures. 10
CFR 430.27(g). An interim waiver remains in effect for 180 days or
until DOE issues its determination on the petition for waiver,
whichever occurs earlier. DOE may extend an interim waiver for an
additional 180 days. 10 CFR 430.27(h).
II. Petition for Waiver of Test Procedure and Application for Interim
Waiver
On December 11, 2012, 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, 3564-3565,
January 25, 2012). These provisions were placed in appendix A, which is
not required for use until September 15, 2014, and not in the current
appendix A1 test procedure. On January 27, July 19, and December 14,
2011, and Samsung had submitted similar petitions for waiver and
requests for interim waiver for other basic models of 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) and 77 FR 75428 (Dec. 20, 2012).
Samsung also requests an interim waiver from the existing DOE test
procedure. An interim waiver may be granted if it is determined that
the applicant will experience economic hardship if the application for
interim waiver is denied, if it appears likely that the petition for
waiver will be granted, and/or the Assistant Secretary determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. (10 CFR
430.27(g).
DOE has determined that Samsung's application for interim waiver
does not provide sufficient market, equipment price, shipments and
other manufacturer impact information to permit DOE to evaluate the
economic hardship Samsung might experience absent a favorable
determination on its application for interim waiver. DOE has
determined, however that it is likely Samsung's petition will be
granted, and that it is desirable for public policy reasons to grant
Samsung relief pending a determination on the petition. Previously, DOE
granted a waiver to Samsung for other basic models incorporating
multiple defrost technology (77 FR 1474, Jan. 10, 2012 and 77 FR 75428,
Dec. 20, 2012), and DOE has determined that it is desirable to have
similar basic models tested in a consistent manner.
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 final rule
referenced above. 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.
For the reasons stated above, DOE grants Samsung's application for
interim waiver from testing of its refrigerator-freezer product line
containing multiple defrost cycles . Therefore, it is ordered that:
The application for interim waiver filed by Samsung is hereby
granted for the specified Samsung refrigerator-
[[Page 12046]]
freezer basic models that incorporate multiple defrost cycles, subject
to the specifications and conditions below. Samsung shall be required
to test or rate the specified refrigerator-freezer products according
to the alternate test procedure as set forth in section III,
``Alternate Test Procedure.''
The interim waiver applies to the following basic model groups:
RF31FM*SB**
RF31FM*DB**
RF24FS*DB**
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. Samsung may submit a subsequent
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of refrigerator-freezers for which
it seeks a waiver from the DOE test procedure. In addition, DOE notes
that grant of an interim waiver or waiver does not release a petitioner
from the certification requirements set forth at 10 CFR part 429.
Further, this interim waiver is conditioned upon the presumed
validity of statements, representations, and documents provided by the
petitioner. DOE may revoke or modify this interim waiver at any time
upon a determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
III. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures to make
representations about the energy consumption and energy consumption
costs of products covered by the statute. (42 U.S.C. 6293(c))
Consistent representations are important for manufacturers to use in
making representations about the energy efficiency of their products
and to demonstrate compliance with applicable DOE energy conservation
standards. Pursuant to its regulations applicable to waivers and
interim waivers from applicable test procedures at 10 CFR 430.27, DOE
will consider setting an alternate test procedure for Samsung in a
subsequent Decision and Order.
During the period of the interim waiver granted in this notice,
Samsung shall test the products listed above according to the test
procedures for residential electric refrigerator-freezers prescribed by
DOE at 10 CFR part 430, subpart B, appendix A1, except that, for the
Samsung products listed above only, include:
1. In section 1, Definitions, the following definition:
``Defrost cycle type'' means a distinct sequence of control whose
function is to remove frost and/or ice from a refrigerated surface.
There may be variations in the defrost control sequence such as the
number of defrost heaters energized. Each such variation establishes a
separate distinct defrost cycle type. However, defrost achieved
regularly during the compressor ``off'' cycles by warming of the
evaporator without active heat addition is not a defrost cycle type.
2. In section 4, Test Period, the following:
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 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.
[[Page 12047]]
[GRAPHIC] [TIFF OMITTED] TN21FE13.002
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:
[GRAPHIC] [TIFF OMITTED] TN21FE13.003
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
[GRAPHIC] [TIFF OMITTED] TN21FE13.004
CTLi = least or shortest compressor run time between
instances of defrost cycle type i in hours rounded to the nearest
tenth
[[Page 12048]]
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 CTLi 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.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of Samsung's petition
for waiver from certain parts of the test procedure that apply to
refrigerator-freezers and grants an interim waiver to Samsung. DOE is
publishing Samsung's petition for waiver in its entirety pursuant to 10
CFR 430.27(b)(1)(iv). The petition contains no confidential
information. The petition includes a suggested alternate test procedure
to measure the energy consumption of refrigerator-freezer basic models
that incorporate multiple defrost cycles.
DOE solicits comments from interested parties on all aspects of the
petition. Pursuant to 10 CFR 430.27(b)(1)(iv), any person submitting
written comments to DOE must also send a copy of such comments to the
petitioner. The contact information for the petitioner is: Michael
Moss, Director of Corporate Environmental Affairs, Samsung Electronics
America, Inc., 19 Chapin Road, Building D, Pine Brook, NJ 07058. All
submissions received must include the agency name and case number for
this proceeding. Submit electronic comments in WordPerfect, Microsoft
Word, Portable Document Format (PDF), or text (American Standard Code
for Information Interchange (ASCII)) file format and avoid the use of
special characters or any form of encryption. Wherever possible,
include the electronic signature of the author. DOE does not accept
telefacsimiles (faxes).
Issued in Washington, DC, on February 13, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
December 11, 2012
Dr. David Danielson
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue, SW.
Washington, DC 20585
Dear Assistant Secretary Danielson:
Samsung Electronics America, Inc. (``Samsung'') respectfully
submits this Application for Interim Waiver and Petition for Waiver to
the Department of Energy (``DOE'' or ``the Department'') regards to
Samsung's compressor refrigerator-freezers with multiple defrost
cycles.
Reasoning
10 CFR Part 430.27(a)(1) allows a person to submit a petition to
waive for a particular basic model any requirements of Sec. 430.23
upon the grounds that the basic model contains one or more design
characteristics which either prevent testing of the basic model
according to the prescribed test procedures, or the prescribed test
procedures may evaluate the basic model in a manner so unrepresentative
of its true energy consumption characteristics as to provide materially
inaccurate comparative data.
Current test procedures as prescribed in Appendix A1 to Subpart B
of Part 430 (``Appendix A1'') do not adequately provide a way for
Samsung to accurately represent the energy consumption of its
refrigerator-freezers with multiple defrost cycles. DOE concurred with
Samsung's understanding in the interim waiver granted to Samsung in 76
FR 16760 \1\ and subsequently granted the waiver on January 10, 2012
(77 FR 1474). Additionally, DOE communicated that all manufacturers
planning on marketing refrigerator-freezers with multiple defrost
cycles must seek a waiver from the Department.\2\
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\1\ DOE understands, however, that absent an interim waiver,
Samsung's products would not be accurately tested and rated for
energy consumption because the current energy test procedure does
not include test procedures for products with multiple defrost cycle
types.
\2\ Until these amendments are required in conjunction with the
2014 standards, manufacturers introducing products equipped with
multiple defrost cycle types should, consistent with 10 CFR 430.27,
petition for a waiver since the modified version of Appendix A1 set
out in today's notice will not include a specified method for
capturing this energy usage.
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For the reasons that DOE described in its granting of waiver (77 FR
1474) for Samsung refrigerator freezers with multiple defrost cycles,
Samsung believes that the granting of Interim Waiver and Waiver for the
models listed below are warranted.
Request
Samsung requests that the alternate test procedure for
refrigerators with multiple defrost cycles, as prescribed in the waiver
(77 FR 1474) and in the interim waiver (77 FR 13109) granted to
Samsung, be granted for the following basic Samsung refrigerator-
freezers with multiple defrost cycles models:
RF31FM*SB**
RF31FM*DB**
RF24FS*DB**
Please feel free to contact me if you have any questions regarding
this Petition for Waiver and Application for Interim Waiver. I will be
happy to discuss should any questions arise.
Sincerely,
Michael Moss
Director of Corporate Environmental Affairs
[FR Doc. 2013-04062 Filed 2-20-13; 8:45 am]
BILLING CODE 6450-01-P