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, 15941-15945 [2013-05767]

Download as PDF Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Notices 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). Issued in Washington, DC, on March 7, 2013. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. mstockstill on DSK4VPTVN1PROD with NOTICES February 5, 2013 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’’) for Samsung’s compressor refrigeratorfreezers 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 VerDate Mar<15>2010 17:11 Mar 12, 2013 Jkt 229001 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 2 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.3 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-freezer with multiple defrost cycles models: RS27FD***** 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. 2013–05771 Filed 3–12–13; 8:45 am] BILLING CODE 6450–01–P 2 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. 3 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. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 15941 DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–026] 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 granting application for interim waiver, and request for public comments. AGENCY: This notice announces receipt of a petition for waiver from Samsung Electronics America, Inc. (Samsung) seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of electric refrigerators and refrigeratorfreezers. Samsung asks that it be permitted to use an alternate test procedure to address the difficulties in testing dual compressor systems according to the currently applicable DOE test procedure. DOE solicits comments, data, and information concerning Samsung’s petition and the suggested alternate test procedure. Today’s notice also grants Samsung with an interim waiver from the electric refrigerator-freezer test procedure, subject to use of the alternative test procedure set forth in this notice. The waiver request pertains to the basic models set forth in Samsung’s petition that incorporate dual compressors. DATES: DOE will accept comments, data, and information with respect to the Samsung Petition until April 12, 2013. ADDRESSES: You may submit comments, identified by case number ‘‘RF–026,’’ 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– 026] 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, SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1 15942 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Notices Building Technologies Program, 950 L’Enfant Plaza SW., Suite 600, Washington, DC 20024. Please submit one signed original paper copy. 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 rulemakings regarding similar refrigerator-freezers. 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: Bryan.Berringer@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: mstockstill on DSK4VPTVN1PROD with NOTICES 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 that 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 electric refrigerators and electric refrigerator-freezers is contained 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. VerDate Mar<15>2010 17:11 Mar 12, 2013 Jkt 229001 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 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 On January 7, 2013, 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 seeking a waiver because it is developing new refrigerator-freezers that incorporate a dual-compressor design that is not contemplated under DOE’s test procedure. In its petition, Samsung seeks a waiver from the existing DOE test procedure applicable to refrigerators and refrigerator-freezers under 10 CFR part 430 for the company’s dualcompressor products. In its petition, Samsung has set forth an alternate test procedure and notes in support of its petition that DOE has already granted Sub-Zero a similar waiver pertaining to the use of dual compressor-equipped refrigerators. See 76 FR 71335 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 (November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 2012) (Decision and Order). DOE has also granted an interim waiver to LG. See 77 FR 44603 (July 30, 2012). While Samsung has acknowledged that its products have some differences from the ones addressed by the Sub-Zero waiver, Samsung asserts that the procedure outlined in that waiver will be compatible with its product. In addition, Samsung requests that it be permitted to use the alternate test procedure that DOE has already permitted Sub-Zero and LG to use in response to similar waiver requests pertaining to the testing of refrigeratorfreezers that use shared dual compressors, with minor modification suggested below: Before: 5.2.1.4 Dual Compressor Systems with dual Automatic Defrost With Minor Change: 5.2.1.4 Dual Compressor Systems with Automatic Defrost (i=1 is mono, i=2 is dual) 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. See 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 recognizes, however, that the DOE test procedure for dual compressor systems primarily addresses independent, sealed systems, which differ from the shared system used by the models listed in Samsung’s petition. As a result, it is not possible to test these products using the DOE test procedure, and use of the test procedure would provide test results so unrepresentative as to provide materially inaccurate comparative data. DOE reviewed the alternate procedure and determined that it will alleviate the testing problems associated with Samsung’s implementation of a dual compressor system. Therefore, it appears likely that Samsung’s petition for waiver will be granted. Previously, DOE granted Sub-Zero a similar waiver pertaining to the use of dual E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Notices RF32FM * * future models that may be manufactured by the petitioner. Samsung may submit a new or amended 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 granting 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 * * * mstockstill on DSK4VPTVN1PROD with NOTICES DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not EPCA requires that manufacturers use DOE test procedures to make representations about the energy consumption and energy consumption Where: 1440 = number of minutes in a day ET is the test cycle energy (kWh/day); i is a variable that can equal to 1, 2 or more that identifies the distinct defrost cycle types applicable for the refrigerator or refrigerator-freezer; D is the total number of distinct defrost cycle types; EP1 is the dual compressor energy expended during the first part of the test (it is calculated for a whole number of freezer compressor cycles at least 24 hours in duration and may be the summation of several running periods that do not include any precool, defrost, or recovery periods); T1 is the length of time for EP1 (minutes); EP2i is the total energy consumed during the second (defrost) part of the test being conducted for compartment i. (kWh); T2i is the length of time (minutes) for the second (defrost) part of the test being conducted for compartment i. CTi is the freezer compressor run time between instances of defrost cycle type i. CTi for compartment i with long time automatic defrost system is calculated as per 10 CFR part 430, subpart B, appendix A1 clause 5.2.1.2. CTi for compartment i with variable defrost system is calculated as per 10 CFR part 430 subpart B appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of an hour). Stabilization: The test shall start after a minimum 24 hours stabilization run for each temperature control setting. Steady State for EP1: The temperature average for the first and last compressor cycle of the test period must be within 1.0 [degrees] F (0.6 [degrees] C) of the test period temperature average for each compartment. Make this determination for the fresh food compartment for the fresh food compressor cycles closest to the start and end of the test period. If multiple segments are used for test period 1, each segment must comply with above requirement. Steady State for EP2i: The second (defrost) part of the test must be preceded and followed by regular compressor cycles. The temperature average for the first and last compressor cycle of the test period must be within 1.0 [degrees] F (0.6 [degrees] C) of the EP1 test period temperature average for each compartment. Test Period for EP2i, T2i: EP2i includes precool, defrost, and recovery time for compartment i, as well as sufficient dual compressor steady state run cycles to allow T2i to be at least 24 hours. The test period shall start at the end of a regular freezer compressor on-cycle after the previous defrost occurrence (refrigerator or freezer). The test period also includes the target defrost and following regular freezer VerDate Mar<15>2010 17:11 Mar 12, 2013 Jkt 229001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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: 5.2.1.4 Dual Compressor Systems with Automatic Defrost (i=1 is mono, i=2 is dual). The two-part test method in section 4.2.1 must be used, and the energy consumption in kilowatt-hours per day shall be calculated equivalent to: compressor cycles, ending at the end of a regular freezer compressor on-cycle before the next defrost occurrence (refrigerator or freezer). If the previous condition does not meet 24 hours time, additional EP1 steady state segment data could be included. Steady state run cycle data can be utilized in EP1 and EP2i. Test Measurement Frequency Measurements shall be taken at regular interval not exceeding 1 minute. [End of 5.2.1.4] IV. Summary and Request for Comments Through today’s notice, DOE grants Samsung an interim waiver from the specified portions of the test procedure applicable to Samsung’s line of refrigerator-freezers with dual compressors and announces receipt of Samsung’s petition for waiver from those same portions of the test procedure. DOE publishes Samsung’s petition for waiver pursuant to 10 CFR 430.27(b)(1)(iv). The petition includes a suggested alternate test procedure to determine the energy consumption of Samsung’s specified refrigerator-freezers with dual compressors. Samsung is required to follow this alternate E:\FR\FM\13MRN1.SGM 13MRN1 en13mr13.002</GPH> compressor-equipped refrigerators. See 76 FR 71335 (November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 2012) (Decision and Order). DOE has also granted an interim waiver to LG. See 77 FR 44603 (July 30, 2012). For the reasons stated above, DOE grants Samsung’s application for interim waiver from testing of its refrigeratorfreezer product line containing dual compressors. Therefore, it is ordered that: The application for interim waiver filed by Samsung is hereby granted for Samsung’s refrigerator-freezer product lines that incorporate dual compressors subject to the following specifications and conditions below. Samsung shall be required to test and rate its refrigeratorfreezer product line containing dual compressors 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: 15943 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Notices procedure as a condition of its interim waiver, and DOE is considering including this alternate procedure in its subsequent Decision and Order. DOE solicits comments from interested parties on all aspects of the petition, including the suggested alternate test procedure and calculation methodology. 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). mstockstill on DSK4VPTVN1PROD with NOTICES Issued in Washington, DC, on March 7, 2013. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. January 7, 2013 The Honorable David Danielson Assistant Secretary, Energy Efficiency and Renewable Energy United States Department of Energy Mail Station EE–1 Where: • 1440 = number of minutes in a day • ET is the test cycle energy (kWh/day); • i is the variable that can equal to 1, 2 or more that identifies the compartment with distinct defrost system; • D is the total number of compartments with distinct defrost systems; • EP1 is the dual compressor energy expended during the first part of the test (it is calculated for a whole number of freezer compressor cycles at least 24 hours in duration and may be the summation of several running periods that do not include any precool, defrost, or recovery periods); • T1 is the length of time for EP1 (minutes); • EP2i is the total energy consumed during the second (defrost) part of the test being conducted for compartment i. (kWh); • T2i is the length of time (minutes) for the VerDate Mar<15>2010 17:11 Mar 12, 2013 Jkt 229001 Forrestal Building 1000 Independence Avenue SW Washington, DC 20585 Dear Assistant Secretary Danielson: Samsung Electronics America, Inc. (‘‘Samsung’’) respectfully submits the Application for Petition for Waiver and Application for Interim Waiver to the Department of Energy (‘‘DOE’’ or ‘‘the Department’’) regards to Samsung’s residential refrigerator-freezers that use shared dual compressors. 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 when (1) the basic model contains one or more design characteristics which either prevent testing of the basic model according to the prescribed test procedures, or (2) 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 10 Part 430 do not adequately provide a way for Samsung to accurately represent the energy consumption of its refrigerator-freezers that use shared dual compressors. Meanwhile, based on similar situations, DOE has already granted a waiver to Sub-Zero in 77 FR 5784 on February 6, 2012, and similarly, an interim waiver to LG in 77 FR 44603 on July 30, 2012. However, unlike Subzero’s design which features two compressors, two evaporators, and two defrost heaters, Samsung’s design features two compressors, four evaporators, and three defrost heaters. Samsung’s design features four compartments that have their own evaporators. Three compartments, freezer/ convertible/fresh food compartment, are accessible with an exterior door and the second (defrost) part of the test being conducted for compartment i. • CTi is the compressor on time between defrosts for only compartment i. CTi for compartment i with long time automatic defrost system is calculated as per 10 CFR part 430 subpart B appendix A1 clause 5.2.1.2. CTi for compartment i with variable defrost system is calculated as per 10 CFR part 430 subpart B appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of an hour). Stabilization: The test shall start after a minimum 24 hours stabilization run for each temperature control setting. Steady State for EP1: The temperature average for the first and last compressor cycle of the test period must be within 1.0°F (0.6°C) of PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 fourth ice room compartment is a sub compartment and located inside of the fresh food compartment. Defrost heaters are adopted at three evaporators (freezer/ convertible/ice room) except the fresh food compartment evaporator and those heaters operate all together at the same time according to the control logic. So essentially, there is only one defrost type. Despite these differences of the composition, Samsung believes that the test procedure, as prescribed in the waiver granted to Subzero and in the interim waiver granted to LG, is equally applicable and appropriate. More specifically, Samsung’s residential refrigerator-freezers that use shared dual compressors can be tested and calculate to a reasonable result with same test procedure granted to Subzero’s waiver because the test procedure of Subzero’s waiver adopt a multiple defrost system of 1, 2 or more compartment with distinct defrost system and Samsung’s dual units have one defrost system despite of having four compartments and three defrost heaters as explained above. Therefore, Samsung respectfully requests a waiver and an interim waiver for the alternate test procedure that DOE has already granted Sub-Zero and LG pertaining to the refrigerator-freezers that use shared dual compressors, with minor modification suggested below: Before: 5.2.1.4 Dual Compressor Systems with dual Automatic Defrost With Minor Change: 5.2.1.4 Dual Compressor Systems with Automatic Defrost (i=1 is mono, i=2 is dual) Alternate Test Procedure Replace the multiple defrost system section 5.2.1.4 of Appendix A1 with the following: 5.2.1.4 Dual Compressor Systems with Automatic Defrost. The two-part test method in section 4.2.1 must be used, and the energy consumption in kilowatt-hours per day shall be calculated equivalent to: the test period temperature average for each compartment. Make this determination for the fresh food compartment for the fresh food compressor cycles closest to the start and end of the test period. If multiple segments are used for test period 1, each segment must comply with above requirement. Steady State for EP2i: The second (defrost) part of the test must be preceded and followed by regular compressor cycles. The temperature average for the first and last compressor cycle of the test period must be within 1.0°F (0.6°C) of the EP1 test period temperature average for each compartment. Test Period for EP2i, T2i: E:\FR\FM\13MRN1.SGM 13MRN1 EN13mr13.003</GPH> 15944 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Notices EP2i includes precool, defrost, and recovery time for compartment i, as well as sufficient dual compressor steady state run cycles to allow T2i to be at least 24 hours. The test period shall start at the end of a regular freezer compressor on-cycle after the previous defrost occurrence (refrigerator or freezer). The test period also includes the target defrost and following regular freezer compressor cycles, ending at the end of a regular freezer compressor oncycle before the next defrost occurrence (refrigerator or freezer). If the previous condition does not meet 24 hours time, additional EP1 steady state segment data could be included. Steady state run cycle data can be utilized in EP1 and EP2i. Test Measurement Frequency Measurements shall be taken at regular interval not exceeding 1 minute. For the reasons that DOE described in its granting of waiver and interim waiver for Sub-Zero and LG for refrigerator-freezers with shared dual compressors, Samsung believes that the expeditious granting of Waiver and Interim Waiver for the model listed below is warranted: RF32FM * * * * * Please feel free to contact me if you have any questions regarding this Application for 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. 2013–05767 Filed 3–12–13; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OECA–2009–0494; FRL 9527–7] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Tips and Complaints Regarding Environmental Violations (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: The Environmental Protection Agency has submitted an information collection request (ICR), ‘‘Tips and Complaints Regarding Environmental Violations (Renewal)’’ (EPA ICR No. 2219.04, OMB Control No. 2020–0032) to the Office of Management and Budget SUMMARY: VerDate Mar<15>2010 17:11 Mar 12, 2013 Jkt 229001 (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through March 31, 2013. Public comments were previously requested via the Federal Register (77 FR 69451) on November 19, 2012 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: Additional comments may be submitted on or before April 12, 2013. ADDRESSES: Submit your comments, referencing Docket ID Number EPA– HQ–OECA–2009–0494 to (1) EPA online using www.regulations.gov (our preferred method), by email to docket.oeca@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to oira_submission@omb.eop.gov. Address comments to OMB Desk Officer for EPA. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Michael Le Desma; Legal Counsel Division; Office of Criminal Enforcement, Forensics, and Training; Environmental Protection Agency, Building 25, Box 25227, Denver Federal Center, Denver, CO 80025; telephone number: (303) 462–9453; fax number: (303) 462–9075; email address: ledesma.michael@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/ dockets. Abstract: EPA tips and complaints web form is intended to provide an easy PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 15945 and convenient means by which members of the public can supply information to EPA regarding suspected violations of environmental law. The decision to provide a tip or complaint is entirely voluntary and use of the web form when supplying a tip or complaint is also entirely voluntary. Tippers need not supply contact information or other personal identifiers. Those who do supply such information, however, should know that this information may be shared by EPA with appropriate administrative, law enforcement, and judicial entities engaged in investigating or adjudicating the tip or complaint. Form Numbers: None. Respondents/affected entities: Anyone wishing to file a tip or complaint. Respondent’s obligation to respond: Voluntary. Estimated number of respondents: 9,202 (total). Frequency of response: Occasionally. Total estimated burden: 4,601 hours (per year). Burden is defined at 5 CFR 1320.03(b) Total estimated cost: $100,026 (per year), which includes no annualized capital or operation & maintenance costs. Changes in the Estimates: There is an increase of 821 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase reflects the fact that tips and complaints are being filed at a higher rate than originally anticipated, a strong indication of the success of this program. There has been no change in the information being reported or the estimated burden per respondent. John Moses, Director, Collection Strategies Division. [FR Doc. 2013–05706 Filed 3–12–13; 8:45 am] BILLING CODE P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OECA–2012–0691; FRL–9529–1] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Mercury Cell Chlor-Alkali Plants (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15941-15945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05767]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-026]


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 granting application 
for interim waiver, and request for public comments.

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SUMMARY: This notice announces receipt of a petition for waiver from 
Samsung Electronics America, Inc. (Samsung) seeking an exemption from 
specified portions of the U.S. Department of Energy (DOE) test 
procedure for determining the energy consumption of electric 
refrigerators and refrigerator-freezers. Samsung asks that it be 
permitted to use an alternate test procedure to address the 
difficulties in testing dual compressor systems according to the 
currently applicable DOE test procedure. DOE solicits comments, data, 
and information concerning Samsung's petition and the suggested 
alternate test procedure. Today's notice also grants Samsung with an 
interim waiver from the electric refrigerator-freezer test procedure, 
subject to use of the alternative test procedure set forth in this 
notice. The waiver request pertains to the basic models set forth in 
Samsung's petition that incorporate dual compressors.

DATES: DOE will accept comments, data, and information with respect to 
the Samsung Petition until April 12, 2013.

ADDRESSES: You may submit comments, identified by case number ``RF-
026,'' 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-026] 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,

[[Page 15942]]

Building Technologies Program, 950 L'Enfant Plaza SW., Suite 600, 
Washington, DC 20024. Please submit one signed original paper copy.
    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 rulemakings regarding 
similar refrigerator-freezers. 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: 
Bryan.Berringer@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 that 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 electric refrigerators 
and electric refrigerator-freezers is contained 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.
---------------------------------------------------------------------------

    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

    On January 7, 2013, 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 seeking a waiver because it is developing new 
refrigerator-freezers that incorporate a dual-compressor design that is 
not contemplated under DOE's test procedure. In its petition, Samsung 
seeks a waiver from the existing DOE test procedure applicable to 
refrigerators and refrigerator-freezers under 10 CFR part 430 for the 
company's dual-compressor products. In its petition, Samsung has set 
forth an alternate test procedure and notes in support of its petition 
that DOE has already granted Sub-Zero a similar waiver pertaining to 
the use of dual compressor-equipped refrigerators. See 76 FR 71335 
(November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 2012) 
(Decision and Order). DOE has also granted an interim waiver to LG. See 
77 FR 44603 (July 30, 2012). While Samsung has acknowledged that its 
products have some differences from the ones addressed by the Sub-Zero 
waiver, Samsung asserts that the procedure outlined in that waiver will 
be compatible with its product. In addition, Samsung requests that it 
be permitted to use the alternate test procedure that DOE has already 
permitted Sub-Zero and LG to use in response to similar waiver requests 
pertaining to the testing of refrigerator-freezers that use shared dual 
compressors, with minor modification suggested below:

    Before: 5.2.1.4 Dual Compressor Systems with dual Automatic 
Defrost
    With Minor Change: 5.2.1.4 Dual Compressor Systems with 
Automatic Defrost (i=1 is mono, i=2 is dual)

    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. See 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 recognizes, 
however, that the DOE test procedure for dual compressor systems 
primarily addresses independent, sealed systems, which differ from the 
shared system used by the models listed in Samsung's petition. As a 
result, it is not possible to test these products using the DOE test 
procedure, and use of the test procedure would provide test results so 
unrepresentative as to provide materially inaccurate comparative data. 
DOE reviewed the alternate procedure and determined that it will 
alleviate the testing problems associated with Samsung's implementation 
of a dual compressor system. Therefore, it appears likely that 
Samsung's petition for waiver will be granted. Previously, DOE granted 
Sub-Zero a similar waiver pertaining to the use of dual

[[Page 15943]]

compressor-equipped refrigerators. See 76 FR 71335 (November 17, 2011) 
(interim waiver) and 77 FR 5784 (February 6, 2012) (Decision and 
Order). DOE has also granted an interim waiver to LG. See 77 FR 44603 
(July 30, 2012).
    For the reasons stated above, DOE grants Samsung's application for 
interim waiver from testing of its refrigerator-freezer product line 
containing dual compressors. Therefore, it is ordered that:
    The application for interim waiver filed by Samsung is hereby 
granted for Samsung's refrigerator-freezer product lines that 
incorporate dual compressors subject to the following specifications 
and conditions below. Samsung shall be required to test and rate its 
refrigerator-freezer product line containing dual compressors 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:

    RF32FM
* * * * *

    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 new or amended 
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 granting 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:
    5.2.1.4 Dual Compressor Systems with Automatic Defrost (i=1 is 
mono, i=2 is dual). The two-part test method in section 4.2.1 must be 
used, and the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TN13MR13.002


Where:

1440 = number of minutes in a day
ET is the test cycle energy (kWh/day);
i is a variable that can equal to 1, 2 or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
D is the total number of distinct defrost cycle types;
EP1 is the dual compressor energy expended during the first part of 
the test (it is calculated for a whole number of freezer compressor 
cycles at least 24 hours in duration and may be the summation of 
several running periods that do not include any precool, defrost, or 
recovery periods);
T1 is the length of time for EP1 (minutes);
EP2i is the total energy consumed during the second (defrost) part 
of the test being conducted for compartment i. (kWh);
T2i is the length of time (minutes) for the second (defrost) part of 
the test being conducted for compartment i.
CTi is the freezer compressor run time between instances of defrost 
cycle type i. CTi for compartment i with long time automatic defrost 
system is calculated as per 10 CFR part 430, subpart B, appendix A1 
clause 5.2.1.2. CTi for compartment i with variable defrost system 
is calculated as per 10 CFR part 430 subpart B appendix A1 clause 
5.2.1.3. (hours rounded to the nearest tenth of an hour).

    Stabilization:
    The test shall start after a minimum 24 hours stabilization run 
for each temperature control setting.
    Steady State for EP1:
    The temperature average for the first and last compressor cycle 
of the test period must be within 1.0 [degrees] F (0.6 [degrees] C) 
of the test period temperature average for each compartment. Make 
this determination for the fresh food compartment for the fresh food 
compressor cycles closest to the start and end of the test period. 
If multiple segments are used for test period 1, each segment must 
comply with above requirement.
    Steady State for EP2i:
    The second (defrost) part of the test must be preceded and 
followed by regular compressor cycles. The temperature average for 
the first and last compressor cycle of the test period must be 
within 1.0 [degrees] F (0.6 [degrees] C) of the EP1 test period 
temperature average for each compartment.
    Test Period for EP2i, T2i:
    EP2i includes precool, defrost, and recovery time for 
compartment i, as well as sufficient dual compressor steady state 
run cycles to allow T2i to be at least 24 hours. The test period 
shall start at the end of a regular freezer compressor on-cycle 
after the previous defrost occurrence (refrigerator or freezer). The 
test period also includes the target defrost and following regular 
freezer compressor cycles, ending at the end of a regular freezer 
compressor on-cycle before the next defrost occurrence (refrigerator 
or freezer). If the previous condition does not meet 24 hours time, 
additional EP1 steady state segment data could be included. Steady 
state run cycle data can be utilized in EP1 and EP2i.
    Test Measurement Frequency Measurements shall be taken at 
regular interval not exceeding 1 minute.
[End of 5.2.1.4]

IV. Summary and Request for Comments

    Through today's notice, DOE grants Samsung an interim waiver from 
the specified portions of the test procedure applicable to Samsung's 
line of refrigerator-freezers with dual compressors and announces 
receipt of Samsung's petition for waiver from those same portions of 
the test procedure. DOE publishes Samsung's petition for waiver 
pursuant to 10 CFR 430.27(b)(1)(iv). The petition includes a suggested 
alternate test procedure to determine the energy consumption of 
Samsung's specified refrigerator-freezers with dual compressors. 
Samsung is required to follow this alternate

[[Page 15944]]

procedure as a condition of its interim waiver, and DOE is considering 
including this alternate procedure in its subsequent Decision and 
Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. 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 March 7, 2013.
 Kathleen B. Hogan,
 Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
January 7, 2013

The Honorable David Danielson
Assistant Secretary, Energy Efficiency and Renewable Energy
United States Department of Energy
Mail Station EE-1
Forrestal Building
1000 Independence Avenue SW
Washington, DC 20585

Dear Assistant Secretary Danielson:

    Samsung Electronics America, Inc. (``Samsung'') respectfully 
submits the Application for Petition for Waiver and Application for 
Interim Waiver to the Department of Energy (``DOE'' or ``the 
Department'') regards to Samsung's residential refrigerator-freezers 
that use shared dual compressors.

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 
when (1) the basic model contains one or more design characteristics 
which either prevent testing of the basic model according to the 
prescribed test procedures, or (2) 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 10 Part 430 do not adequately provide a way for Samsung to 
accurately represent the energy consumption of its refrigerator-
freezers that use shared dual compressors. Meanwhile, based on 
similar situations, DOE has already granted a waiver to Sub-Zero in 
77 FR 5784 on February 6, 2012, and similarly, an interim waiver to 
LG in 77 FR 44603 on July 30, 2012.
    However, unlike Subzero's design which features two compressors, 
two evaporators, and two defrost heaters, Samsung's design features 
two compressors, four evaporators, and three defrost heaters.
    Samsung's design features four compartments that have their own 
evaporators. Three compartments, freezer/convertible/fresh food 
compartment, are accessible with an exterior door and the fourth ice 
room compartment is a sub compartment and located inside of the 
fresh food compartment. Defrost heaters are adopted at three 
evaporators (freezer/convertible/ice room) except the fresh food 
compartment evaporator and those heaters operate all together at the 
same time according to the control logic. So essentially, there is 
only one defrost type. Despite these differences of the composition, 
Samsung believes that the test procedure, as prescribed in the 
waiver granted to Subzero and in the interim waiver granted to LG, 
is equally applicable and appropriate.
    More specifically, Samsung's residential refrigerator-freezers 
that use shared dual compressors can be tested and calculate to a 
reasonable result with same test procedure granted to Subzero's 
waiver because the test procedure of Subzero's waiver adopt a 
multiple defrost system of 1, 2 or more compartment with distinct 
defrost system and Samsung's dual units have one defrost system 
despite of having four compartments and three defrost heaters as 
explained above.
    Therefore, Samsung respectfully requests a waiver and an interim 
waiver for the alternate test procedure that DOE has already granted 
Sub-Zero and LG pertaining to the refrigerator-freezers that use 
shared dual compressors, with minor modification suggested below:
    Before: 5.2.1.4 Dual Compressor Systems with dual Automatic 
Defrost
    With Minor Change: 5.2.1.4 Dual Compressor Systems with 
Automatic Defrost (i=1 is mono, i=2 is dual)

Alternate Test Procedure

    Replace the multiple defrost system section 5.2.1.4 of Appendix 
A1 with the following:
    5.2.1.4 Dual Compressor Systems with Automatic Defrost. The two-
part test method in section 4.2.1 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:
[GRAPHIC] [TIFF OMITTED] TN13MR13.003

Where:

 1440 = number of minutes in a day
 ET is the test cycle energy (kWh/day);
 i is the variable that can equal to 1, 2 or more that 
identifies the compartment with distinct defrost system;
 D is the total number of compartments with distinct defrost 
systems;
 EP1 is the dual compressor energy expended during the first 
part of the test (it is calculated for a whole number of freezer 
compressor cycles at least 24 hours in duration and may be the 
summation of several running periods that do not include any 
precool, defrost, or recovery periods);
 T1 is the length of time for EP1 (minutes);
 EP2i is the total energy consumed during the second 
(defrost) part of the test being conducted for compartment i. (kWh);
 T2i is the length of time (minutes) for the second 
(defrost) part of the test being conducted for compartment i.
 CTi is the compressor on time between defrosts for only 
compartment i. CTi for compartment i with long time automatic 
defrost system is calculated as per 10 CFR part 430 subpart B 
appendix A1 clause 5.2.1.2. CTi for compartment i with variable 
defrost system is calculated as per 10 CFR part 430 subpart B 
appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of 
an hour).

    Stabilization:
    The test shall start after a minimum 24 hours stabilization run for 
each temperature control setting.
    Steady State for EP1:
    The temperature average for the first and last compressor cycle of 
the test period must be within 1.0[deg]F (0.6[deg]C) of the test period 
temperature average for each compartment. Make this determination for 
the fresh food compartment for the fresh food compressor cycles closest 
to the start and end of the test period. If multiple segments are used 
for test period 1, each segment must comply with above requirement.
    Steady State for EP2i:
    The second (defrost) part of the test must be preceded and followed 
by regular compressor cycles. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0[deg]F 
(0.6[deg]C) of the EP1 test period temperature average for each 
compartment.
    Test Period for EP2i, T2i:

[[Page 15945]]

    EP2i includes precool, defrost, and recovery time for compartment 
i, as well as sufficient dual compressor steady state run cycles to 
allow T2i to be at least 24 hours. The test period shall start at the 
end of a regular freezer compressor on-cycle after the previous defrost 
occurrence (refrigerator or freezer). The test period also includes the 
target defrost and following regular freezer compressor cycles, ending 
at the end of a regular freezer compressor oncycle before the next 
defrost occurrence (refrigerator or freezer). If the previous condition 
does not meet 24 hours time, additional EP1 steady state segment data 
could be included. Steady state run cycle data can be utilized in EP1 
and EP2i.
    Test Measurement Frequency
    Measurements shall be taken at regular interval not exceeding 1 
minute.
    For the reasons that DOE described in its granting of waiver and 
interim waiver for Sub-Zero and LG for refrigerator-freezers with 
shared dual compressors, Samsung believes that the expeditious granting 
of Waiver and Interim Waiver for the model listed below is warranted:

RF32FM
* * * * *

    Please feel free to contact me if you have any questions regarding 
this Application for 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. 2013-05767 Filed 3-12-13; 8:45 am]
BILLING CODE 6450-01-P
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