Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 35898-35899 [2013-14169]

Download as PDF 35898 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices Test Procedure at 2 (rel. Feb. 10, 2011) (‘‘DOE recognizes the potential disparity in treatment among these hybrid products. As DOE indicated . . . , the Department plans to engage in a future rulemaking to more comprehensively address these types of products.’’). As noted in Section 3 above, certain manufacturers design comparable hybrid models so that the beverage center compartment does not reach below 40 °F, and thus are not covered products under DOE’s regulations. Unless PAPRSA is granted an interim waiver, it will be at a competitive disadvantage by being unable to introduce new basic hybrid models to compete with manufacturers that design their hybrid models in a manner that falls outside of DOE’s jurisdiction. Thus, given that this Petition is likely to be granted and PAPRSA will face economic hardship unless an interim waiver is granted, permitting PAPRSA to immediately certify new basic hybrid model SR5180JBC under the alternative testing method already approved by DOE is in the public interest. 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, Mail Stop GC–71, Forrestal Building, 1000 Independence Avenue SW., Respectfully submitted, Washington, DC 20585–0103. /s/ lllllllllllllllllll Telephone: (202) 586–8145. Email: Michael.Kido@hq.doe.gov. Alan G. Fishel Adam D. Bowser SUPPLEMENTARY INFORMATION: In Arent Fox LLP accordance with Title 10 of the Code of 1717 K St. NW. Federal Regulations (10 CFR 430.27(l)), Washington, DC 20036–5369 DOE gives notice of the issuance of its (202) 857–6450 decision and order as set forth below. fishel.alan@arentfox.com The decision and order grants Samsung bowser.adam@arentfox.com a waiver from the applicable residential Counsel for Panasonic Appliances refrigerator and refrigerator-freezer test Refrigeration Systems Corporation of America procedures in 10 CFR part 430, subpart B, appendix A1 for certain basic models April 29, 2013 of refrigerator-freezers with multiple [FR Doc. 2013–14163 Filed 6–13–13; 8:45 am] defrost cycles, provided that Samsung BILLING CODE 6450–01–P tests and rates such products using the alternate test procedure described in this notice. Today’s decision prohibits DEPARTMENT OF ENERGY Samsung from making representations Office of Energy Efficiency and concerning the energy efficiency of Renewable Energy these products unless the product has been tested in a manner consistent with [Case No. RF–027] the provisions and restrictions in the alternate test procedure set forth in the Decision and Order Granting a Waiver decision and order below, and the to Samsung From the Department of representations fairly disclose the test Energy Residential Refrigerator and results. Distributors, retailers, and Refrigerator-Freezer Test Procedures private labelers are held to the same AGENCY: Office of Energy Efficiency and standard when making representations Renewable Energy, Department of regarding the energy efficiency of these Energy. products. 42 U.S.C. 6293(c). ACTION: Decision and Order. Issued in Washington, DC, on June 7, 2013. The U.S. Department of Energy (DOE) gives notice of its decision and order in Case No. RF–027 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:03 Jun 13, 2013 Jkt 229001 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–027) I. Background and Authority Title III, Part B of the Energy Policy and Conservation Act of 1975 (EPCA), PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Public Law 94–163 (42 U.S.C. 6291– 6309, as codified) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program covering most major household appliances, which includes the residential electric refrigerators and refrigerator-freezers that are the focus of this notice.1 Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which measure energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for residential electric refrigerators and refrigerator-freezers is set forth in 10 CFR part 430, subpart B, appendix A1. DOE’s regulations for covered products contain provisions allowing a person to seek a waiver from the test procedure requirements for a particular 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 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. E:\FR\FM\14JNN1.SGM 14JNN1 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 February 5, 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 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 VerDate Mar<15>2010 17:03 Jun 13, 2013 Jkt 229001 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 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–027) are hereby granted as set forth in the paragraphsin this section. (2) Samsung shall be required to test and rate the following Samsung model according to the alternate test procedure set forth in paragraph (3) of this section. * * * * * (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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 35899 February 5, 2013 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 7, 2013. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2013–14169 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–026] 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 the decision and order (Case No. RF–026) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE electric refrigerator and refrigerator-freezer test procedures for the basic models set forth in its petition for waiver. In its petition, Samsung provides an alternate test procedure to address the difficulties in testing dual compressor systems using the currently applicable DOE test procedure. Under today’s decision and order, Samsung shall be required to test and rate these refrigerator-freezers using an alternate test procedure that takes dual compressors into account 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, 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35898-35899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14169]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-027]


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-027 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, 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 7, 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-
027)

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results which measure energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential electric 
refrigerators and refrigerator-freezers is set forth in 10 CFR part 
430, subpart B, appendix A1.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for a 
particular basic model for covered consumer products when (1) the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics.
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the interim waiver is 
denied, if it appears likely that the petition for waiver will be 
granted, and/or the

[[Page 35899]]

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 February 5, 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 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 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-027) are hereby granted as set forth in the 
paragraphsin this section.
    (2) Samsung shall be required to test and rate the following 
Samsung model according to the alternate test procedure set forth in 
paragraph (3) of this section.
* * * * *
    (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 February 5, 2013 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 7, 2013.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2013-14169 Filed 6-13-13; 8:45 am]
BILLING CODE 6450-01-P

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