Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 35901-35903 [2013-14164]
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
35901
5.2.1.4 of appendix A1, with the
following:
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:
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).
be within 1.0 [degrees] F (0.6 [degrees]
C) of the EP1 test period temperature
average for each compartment.
Issued in Washington, DC, on June 7, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
The test shall start after a minimum
24 hours stabilization run for each
temperature control setting.
mstockstill on DSK4VPTVN1PROD with NOTICES
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
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[FR Doc. 2013–14166 Filed 6–13–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–025]
Decision and Order Granting a Waiver
to Samsung From the Department of
Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
AGENCY:
SUMMARY: The U.S. Department of
Energy (DOE) gives notice of its decision
and order in Case No. RF–025 that
grants to Samsung Electronics America,
Inc. (Samsung) a waiver from the DOE
electric refrigerator and refrigeratorfreezer test procedures for specific basic
models set forth in its petition for
waiver. In its petition, Samsung
provides an alternate test procedure that
is identical to the test procedure DOE
published in a final rule dated January
25, 2012 that manufacturers will be
required to use starting in 2014. Under
today’s decision and order, Samsung
shall be required to test and rate these
refrigerator-freezers using an alternate
test procedure as adopted in that
January 2012 final rule, which accounts
for multiple defrost cycles when
measuring energy consumption.
DATES: This Decision and Order is
effective June 14, 2013.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371, Email:
Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
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EN14JN13.000</GPH>
Stabilization
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 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.
[End of 5.2.1.4]
(4) Representations. Samsung may
make representations about the energy
use of its refrigerator-freezer products
for compliance, marketing, or other
purposes only to the extent that such
products have been tested in accordance
with the provisions outlined above and
such representations fairly disclose the
results of such testing.
(5) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27(m).
(6) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
(7) This waiver applies only to those
basic models set out in Samsung’s
January 7, 2013 petition for waiver.
Grant of this waiver does not release a
petitioner from the certification
requirements set forth at 10 CFR part
429.
35902
Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)),
DOE gives notice of the issuance of its
decision and order as set forth below.
The decision and order grants Samsung
a waiver from the applicable residential
refrigerator and refrigerator-freezer test
procedures in 10 CFR part 430, subpart
B, appendix A1 for certain basic models
of refrigerator-freezers with multiple
defrost cycles, provided that Samsung
tests and rates such products using the
alternate test procedure described in
this notice. Today’s decision prohibits
Samsung from making representations
concerning the energy efficiency of
these products unless the product has
been tested in a manner consistent with
the provisions and restrictions in the
alternate test procedure set forth in the
decision and order below, and the
representations fairly disclose the test
results.
Distributors, retailers, and private
labelers are held to the same standard
when making representations regarding
the energy efficiency of these products.
42 U.S.C. 6293(c).
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, on June 6, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Samsung Electronics
America, Inc. (Case No. RF–025)
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Pub. L. 94–163 (42 U.S.C. 6291–6309, as
codified) established the Energy
Conservation Program for Consumer
Products Other Than Automobiles, a
program covering most major household
appliances, which includes the
residential electric refrigerators and
refrigerator-freezers that are the focus of
this notice.1 Part B includes definitions,
test procedures, labeling provisions,
energy conservation standards, and the
authority to require information and
reports from manufacturers. Further,
Part B authorizes the Secretary of
Energy to prescribe test procedures that
are reasonably designed to produce
results which measure energy
efficiency, energy use, or estimated
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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17:03 Jun 13, 2013
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operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for
residential electric refrigerators and
refrigerator-freezers is set forth in 10
CFR part 430, subpart B, appendix A1.
DOE’s regulations for covered
products contain provisions allowing a
person to seek a waiver from the test
procedure requirements for a particular
basic model for covered consumer
products when (1) the petitioner’s basic
model for which the petition for waiver
was submitted contains one or more
design characteristics that prevent
testing according to the prescribed test
procedure, or (2) when prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(a)(1). Petitioners must include in
their petition any alternate test
procedures known to the petitioner to
evaluate the basic model in a manner
representative of its energy
consumption characteristics.
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l). Waivers remain in
effect pursuant to the provisions of 10
CFR 430.27(m).
Any interested person who has
submitted a petition for waiver may also
file an application for interim waiver of
the applicable test procedure
requirements. 10 CFR 430.27(a)(2). The
Assistant Secretary will grant an interim
waiver request if it is determined that
the applicant will experience economic
hardship if the interim waiver is denied,
if it appears likely that the petition for
waiver will be granted, and/or the
Assistant Secretary determines that it
would be desirable for public policy
reasons to grant immediate relief
pending a determination on the petition
for waiver. 10 CFR 430.27(g).
II. Samsung’s Petition for Waiver:
Assertions and Determinations
On December 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
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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 (Jan. 25, 2012)).
On January 27, July 19, and December
14, 2011, 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’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 that DOE
finalized in January 2012. See 77 FR
3359. Among other things, the notice to
that final rule addressed comments
received on the Samsung petitions that
were the subject of the previous waiver,
as well as the interim final rule that had
previously been issued. See 75 FR
78810 (Dec. 16, 2010). The alternate test
procedure that Samsung has requested
permission to use as part of its waiver
petition is, as with its prior waiver
petitions noted above, identical to the
test procedure provisions for products
with long time or variable defrost DOE
adopted in the final test procedure rule
that manufacturers will be required to
use starting in 2014.
Because the currently applicable test
procedure cannot be used to test the
basic models at issue or would
otherwise lead to materially inaccurate
results, DOE previously granted a
waiver to Samsung for other basic
models incorporating multiple defrost
technology. See 77 FR 1474 and 77 FR
75428. DOE has determined that it is
desirable to have similar basic models,
such as those addressed by the Samsung
petition addressed in this notice, tested
in a consistent manner and is adopting
the same approach laid out in its prior
decision by permitting Samsung to use
the alternate test procedure specified in
this Decision and Order.
III. Consultations with Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Samsung petition for waiver. The FTC
staff did not have any objections to
granting a waiver to Samsung.
IV. Conclusion
After careful consideration of all the
material that was submitted by Samsung
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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices
and consultation with the FTC staff, it
is ordered that:
(1) The petitions for waiver submitted
by the Samsung Electronics America,
Inc. (Case No. RF–025) are hereby
granted as set forth in the paragraphs in
this section.
(2) Samsung shall be required to test
and rate the following Samsung models
according to the alternate test procedure
set forth in paragraph (3) of this section.
mstockstill on DSK4VPTVN1PROD with NOTICES
Information Collection Request
Submitted to OMB for Review and
Approval; Comment Request; ICR
Addendum for the Second List of
Chemicals; Tier 1 Screening of Certain
Chemicals Under the Endocrine
Disruptor Screening Program
Environmental Protection
Agency (EPA).
ACTION: Notice.
(3) Samsung shall be required to test
the products listed in paragraph (2) of
this section according to appendix A1 to
subpart B of 10 CFR part 430 except that
the test cycle shall be identical to the
test procedure provisions for products
with long-time or variable defrost
located in section 4.2.1 of appendix A
to subpart B of 10 CFR part 430, as
adopted in DOE’s final rule dated
January 25, 2012 (77 FR 3559).
(4) Representations. Samsung may
make representations about the energy
use of its refrigerator-freezer products
for compliance, marketing, or other
purposes only to the extent that such
products have been tested in accordance
with the provisions outlined above and
such representations fairly disclose the
results of such testing.
(5) This waiver shall remain in effect
consistent with the provisions of 10 CFR
430.27(m).
(6) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
(7) This waiver applies only to those
basic models set out in Samsung’s
December 11, 2012 petition for waiver.
Grant of this waiver does not release a
petitioner from the certification
requirements set forth at 10 CFR part
429.
Issued in Washington, DC, on June 6, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–14164 Filed 6–13–13; 8:45 am]
BILLING CODE 6450–01–P
17:03 Jun 13, 2013
[EPA–HQ–OPPT–2013–0275; FRL–9529–9]
AGENCY:
RF31FM*SB**
RF31FM*DB**
RF24FS*DB**
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ENVIRONMENTAL PROTECTION
AGENCY
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SUMMARY: EPA has submitted the
following Information Collection
Request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act (44 U.S.C.
3501 et seq.): ‘‘ICR Addendum for the
Second List of Chemicals; Tier 1
Screening of Certain Chemicals Under
the Endocrine Disruptor Screening
Program (EDSP)’’ (EPA ICR No. 2488.01,
OMB Control No. 2070—[new]). This is
a new ICR that will amend an ICR that
is currently approved under OMB
Control No. 2070–0176 (EPA ICR No.
2249) and that covers the first list of
chemicals. The ICR, which is abstracted
below, describes the nature of the
information collection activity and its
expected burden and costs.
DATES: Submit comments on or before
July 15, 2013.
ADDRESSES: Submit your comments,
referencing Docket ID Number EPA–
HQ–OPPT–2013–0275, to (1) EPA
online using https://www.regulations.gov
(our preferred method) or by mail to:
Pollution Prevention and Toxics Docket,
Environmental Protection Agency
Docket Center (28221T), 1200
Pennsylvania Ave. NW., Washington,
DC 20460, and (2) OMB via email to
oira_submission@omb.eop.gov (address
your comments to the 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: Pat
West, (7203M), Office of Science
Coordination and Policy (OSCP),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(202) 564–1656; fax number: (202) 564–
8482; email address: west.pat@epa.gov.
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35903
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.
EPA received several comments in
response to its solicitation of comments
pursuant to 5 CFR 1320.8(d) in the
Federal Register issue of November 17,
2010 (75 FR 70569). The ICR submitted
to OMB includes EPA’s responses, and
reflects revisions made in response to
those comments. Please note that when
comments were sought in 2010, the
draft ICR was identified under EPA ICR
No. 2249.02 and OMB Control No.
2070–0176, and comments were
directed to Docket ID No. EPA–HQ–
OPPT–2007–1081, which had been
established for the initial ICR related to
List 1 chemicals. Given the resulting
confusion in finding documents in that
docket, EPA has established a new
docket, which is linked to the old
docket.
ICR Status: This is an addendum to an
existing ICR that is currently approved
under OMB Control No. 2070–0176
(EPA ICR No. 2249), covering the first
list of chemicals screened under the
EDSP. Under OMB regulations, the
Agency may continue to conduct or
sponsor an approved collection of
information while this submission is
pending at OMB. In this case, this
applies to the activities associated with
the chemicals on List 1, but not those
associated with the chemicals on List 2.
Under the PRA, 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.
Abstract: This ICR covers the
information collection activities
associated with Tier 1 screening of the
List 2 Chemicals under EPA’s EDSP.
List 2 consists of 109 identified
chemicals, 41 of which are pesticide
active ingredients (PAIs) and 68 are
chemicals identified under the Safe
Drinking Water Act (SDWA). The EDSP
is established under section 408(p) of
the Federal Food, Drug and Cosmetic
Act (FFDCA) (21 U.S.C. 346a(p)), which
requires EPA to develop a chemical
screening program using appropriate
validated test systems and other
scientifically relevant information to
determine whether certain substances
E:\FR\FM\14JNN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35901-35903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14164]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-025]
Decision and Order Granting a Waiver to Samsung From the
Department of Energy Residential Refrigerator and Refrigerator-Freezer
Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of its
decision and order in Case No. RF-025 that grants to Samsung
Electronics America, Inc. (Samsung) a waiver from the DOE electric
refrigerator and refrigerator-freezer test procedures for specific
basic models set forth in its petition for waiver. In its petition,
Samsung provides an alternate test procedure that is identical to the
test procedure DOE published in a final rule dated January 25, 2012
that manufacturers will be required to use starting in 2014. Under
today's decision and order, Samsung shall be required to test and rate
these refrigerator-freezers using an alternate test procedure as
adopted in that January 2012 final rule, which accounts for multiple
defrost cycles when measuring energy consumption.
DATES: This Decision and Order is effective June 14, 2013.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. Telephone: (202) 586-0371, Email:
Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel,
[[Page 35902]]
Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue SW.,
Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the
issuance of its decision and order as set forth below. The decision and
order grants Samsung a waiver from the applicable residential
refrigerator and refrigerator-freezer test procedures in 10 CFR part
430, subpart B, appendix A1 for certain basic models of refrigerator-
freezers with multiple defrost cycles, provided that Samsung tests and
rates such products using the alternate test procedure described in
this notice. Today's decision prohibits Samsung from making
representations concerning the energy efficiency of these products
unless the product has been tested in a manner consistent with the
provisions and restrictions in the alternate test procedure set forth
in the decision and order below, and the representations fairly
disclose the test results.
Distributors, retailers, and private labelers are held to the same
standard when making representations regarding the energy efficiency of
these products. 42 U.S.C. 6293(c).
Issued in Washington, DC, on June 6, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Samsung Electronics America, Inc. (Case No. RF-025)
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Pub. L. 94-163 (42 U.S.C. 6291-6309, as codified) established
the Energy Conservation Program for Consumer Products Other Than
Automobiles, a program covering most major household appliances, which
includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes
definitions, test procedures, labeling provisions, energy conservation
standards, and the authority to require information and reports from
manufacturers. Further, Part B authorizes the Secretary of Energy to
prescribe test procedures that are reasonably designed to produce
results which measure energy efficiency, energy use, or estimated
operating costs, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for residential electric
refrigerators and refrigerator-freezers is set forth in 10 CFR part
430, subpart B, appendix A1.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
DOE's regulations for covered products contain provisions allowing
a person to seek a waiver from the test procedure requirements for a
particular basic model for covered consumer products when (1) the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that prevent
testing according to the prescribed test procedure, or (2) when
prescribed test procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1).
Petitioners must include in their petition any alternate test
procedures known to the petitioner to evaluate the basic model in a
manner representative of its energy consumption characteristics.
The Assistant Secretary for Energy Efficiency and Renewable Energy
(the Assistant Secretary) may grant a waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(l).
Waivers remain in effect pursuant to the provisions of 10 CFR
430.27(m).
Any interested person who has submitted a petition for waiver may
also file an application for interim waiver of the applicable test
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary
will grant an interim waiver request if it is determined that the
applicant will experience economic hardship if the interim waiver is
denied, if it appears likely that the petition for waiver will be
granted, and/or the Assistant Secretary determines that it would be
desirable for public policy reasons to grant immediate relief pending a
determination on the petition for waiver. 10 CFR 430.27(g).
II. Samsung's Petition for Waiver: Assertions and Determinations
On December 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 (Jan. 25,
2012)). On January 27, July 19, and December 14, 2011, 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'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 that DOE finalized in January
2012. See 77 FR 3359. Among other things, the notice to that final rule
addressed comments received on the Samsung petitions that were the
subject of the previous waiver, as well as the interim final rule that
had previously been issued. See 75 FR 78810 (Dec. 16, 2010). The
alternate test procedure that Samsung has requested permission to use
as part of its waiver petition is, as with its prior waiver petitions
noted above, identical to the test procedure provisions for products
with long time or variable defrost DOE adopted in the final test
procedure rule that manufacturers will be required to use starting in
2014.
Because the currently applicable test procedure cannot be used to
test the basic models at issue or would otherwise lead to materially
inaccurate results, DOE previously granted a waiver to Samsung for
other basic models incorporating multiple defrost technology. See 77 FR
1474 and 77 FR 75428. DOE has determined that it is desirable to have
similar basic models, such as those addressed by the Samsung petition
addressed in this notice, tested in a consistent manner and is adopting
the same approach laid out in its prior decision by permitting Samsung
to use the alternate test procedure specified in this Decision and
Order.
III. Consultations with Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Samsung petition for waiver. The FTC staff did not have
any objections to granting a waiver to Samsung.
IV. Conclusion
After careful consideration of all the material that was submitted
by Samsung
[[Page 35903]]
and consultation with the FTC staff, it is ordered that:
(1) The petitions for waiver submitted by the Samsung Electronics
America, Inc. (Case No. RF-025) are hereby granted as set forth in the
paragraphs in this section.
(2) Samsung shall be required to test and rate the following
Samsung models according to the alternate test procedure set forth in
paragraph (3) of this section.
RF31FM*SB**
RF31FM*DB**
RF24FS*DB**
(3) Samsung shall be required to test the products listed in
paragraph (2) of this section according to appendix A1 to subpart B of
10 CFR part 430 except that the test cycle shall be identical to the
test procedure provisions for products with long-time or variable
defrost located in section 4.2.1 of appendix A to subpart B of 10 CFR
part 430, as adopted in DOE's final rule dated January 25, 2012 (77 FR
3559).
(4) Representations. Samsung may make representations about the
energy use of its refrigerator-freezer products for compliance,
marketing, or other purposes only to the extent that such products have
been tested in accordance with the provisions outlined above and such
representations fairly disclose the results of such testing.
(5) This waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(m).
(6) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify this waiver at any time if it
determines the factual basis underlying the petition for waiver is
incorrect, or the results from the alternate test procedure are
unrepresentative of the basic models' true energy consumption
characteristics.
(7) This waiver applies only to those basic models set out in
Samsung's December 11, 2012 petition for waiver. Grant of this waiver
does not release a petitioner from the certification requirements set
forth at 10 CFR part 429.
Issued in Washington, DC, on June 6, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2013-14164 Filed 6-13-13; 8:45 am]
BILLING CODE 6450-01-P
