Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 65623-65625 [2013-26088]
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Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices
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comments at the public hearings may be
made at the time of the hearing(s).
Written comments on the Draft EIS
may be provided on the CHPE EIS Web
site at https://www.chpexpresseis.org
(preferred) or addressed to Mr. Brian
ADDRESSES:
Mills: Office of Electricity Delivery and
Energy Reliability (OE–20), U.S.
Department of Energy, 1000
Independence Avenue SW.,
Washington, DC 20585; via email to
Brian.Mills@hq.doe.gov; or by facsimile
65623
to (202) 586–8008. Please mark
envelopes and email subject lines as
‘‘CHPE Draft EIS Comments.’’
The locations, dates, and starting
times of the public hearings are listed in
the table below:
Location
Date and time
Address
Courtyard Marriott LaGuardia (Queens) ............
Stony Point Center .............................................
Holiday Inn Schenectady ...................................
West Side Ballroom (Plattsburgh) .....................
Monday, November 18, 2013, 12:00 p.m ........
Monday, November 18, 2013, 6:00 p.m ..........
Tuesday, November 19, 2013, 6:00 p.m .........
Wednesday, November 20, 2013, 6:00 p.m ....
9010 Ditmars Blvd. East Elmhurst, NY 11369.
17 Cricketown Rd. Stony Point, NY 10980.
100 Nott Terrace Schenectady, NY 12308.
253 New York Rd. Plattsburgh, NY 12903.
Mr.
Brian Mills at the addresses above, or at
202–586–8267.
Issued in Washington, DC, on October 28,
2013.
Patricia A. Hoffman,
Principal Deputy Assistant Secretary, Office
of Electricity Delivery and Energy Reliability.
Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies Office,
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
FOR FURTHER INFORMATION CONTACT:
The
public hearings will consist of the
formal taking of comments with
transcription by a court stenographer.
The hearings will provide interested
parties the opportunity to make
comments for consideration in the
preparation of the Final EIS.
Availability of the Draft EIS Copies of
the Draft EIS have been distributed to
appropriate members of Congress, state
and local government officials,
American Indian tribal governments,
and other Federal agencies, groups, and
interested parties. Printed copies of the
document may be obtained by
contacting Mr. Mills at the above
address. Copies of the Draft EIS and
supporting documents are also available
for inspection at the following locations:
emcdonald on DSK67QTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
• Queens Library—Steinway, 21–45 31
Street (Ditmars Boulevard), Long
Island City, NY 11102
• Yonkers Public Library—Riverfront
Library, 1 Larkin Center, Yonkers,
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• Plattsburgh Public Library, 19 Oak
Street, Plattsburgh, NY 12901
The Draft EIS is also available on the
EIS Web site at
https://chpexpresseis.org and on the DOE
NEPA Web site at https://nepa.
energy.gov/.
VerDate Mar<15>2010
17:40 Oct 31, 2013
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[FR Doc. 2013–26080 Filed 10–31–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–032]
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
with a waiver from the applicable
residential refrigerator and refrigeratorfreezer 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:
Decision and Order Granting a Waiver
to Samsung From the Department of
Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
AGENCY:
The U.S. Department of
Energy (DOE) gives notice of its decision
and order in Case No. RF–032 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 (77 FR 3559) 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.
SUMMARY:
This Decision and Order is
effective November 1, 2013.
DATES:
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00019
Fmt 4703
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65624
Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices
Issued in Washington, DC, on October 28,
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–032)
emcdonald on DSK67QTVN1PROD 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 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.
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
VerDate Mar<15>2010
17:40 Oct 31, 2013
Jkt 232001
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 August 2, 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 one manufacturers will
be required to use in 2014 for products
with long time or variable defrost. See
77 FR 3559 (Jan. 25, 2012) (final rule).
On January 27, 2011; July 19, 2011;
December 14, 2011; December 11, 2012;
and February 5, 2013, 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), 77
FR 75428 (Dec. 20, 2012), June 14, 2013
(78 FR 35901), and 78 FR 35898 (June
14, 2013).
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
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
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, 77 FR
75428, 78 FR 35901, and 78 FR 35898.
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–032) are hereby
granted as set forth in the paragraphs
below.
(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.
RF28HM*LB**
RF28HM*DB**
RF28HF*DT**
RF28HF*DB**
RF23HC*DT**
RF23HC*DB**
RF25HM*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).
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Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices
(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
August 2, 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 October 28,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–26088 Filed 10–31–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–034]
Notice of Petition for Waiver of
Samsung Electronics America, Inc.
From the Department of Energy
Residential Refrigerator and
Refrigerator-Freezer Test Procedure,
and Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
This notice announces receipt
of a petition for waiver from Samsung
Electronics America, Inc. (Samsung)
regarding specified portions of the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of electric refrigerators
and refrigerator-freezers. In its petition,
Samsung provides an alternate test
SUMMARY:
VerDate Mar<15>2010
17:40 Oct 31, 2013
Jkt 232001
procedure that is the same as the test
procedure DOE published in a final rule
setting out testing requirements for
manufacturers to follow starting in
2014. DOE solicits comments, data, and
information concerning Samsung’s
petition and the suggested alternate test
procedure. Today’s notice also grants
Samsung an interim waiver from the
electric refrigerator and refrigeratorfreezer test procedure, subject to use of
the alternative test procedure set forth
in this notice.
DATES: DOE will accept comments, data,
and information with respect to the
Samsung Petition until December 2,
2013.
ADDRESSES: You may submit comments,
identified by case number ‘‘RF–034,’’ 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–034) in the subject line of
the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop
EE–2J/1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza SW., Washington, DC 20024; (202)
586–2945, between 9:00 a.m. and 4:00
p.m., Monday through Friday, except
Federal holidays. Available documents
include the following items: (1) This
notice; (2) public comments received;
(3) the petition for waiver and
application for interim waiver; and (4)
prior DOE waivers and rulemakings
regarding similar refrigerator-freezer
products. Please call Ms. Brenda
Edwards at the above telephone number
for additional information.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
65625
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6291–
6309, as codified), established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, a program covering most
major household appliances, which
includes the electric refrigerators and
refrigerator-freezers that are the focus of
this notice.1 Part B includes definitions,
test procedures, labeling provisions,
energy conservation standards, and the
authority to require information and
reports from manufacturers. Further,
Part B authorizes the Secretary of
Energy to prescribe test procedures that
are reasonably designed to produce
results which measure the energy
efficiency, energy use, or estimated
annual operating costs of a covered
product, and that are not unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for
electric refrigerators and refrigeratorfreezers is contained in 10 CFR part 430,
subpart B, appendix A1.
The regulations set forth in 10 CFR
part 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).
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
E:\FR\FM\01NON1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65623-65625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26088]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-032]
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-032 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 (77
FR 3559) 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 November 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies
Office, 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 with 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).
[[Page 65624]]
Issued in Washington, DC, on October 28, 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-
032)
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 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 August 2, 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 one manufacturers will be required to use in 2014 for products
with long time or variable defrost. See 77 FR 3559 (Jan. 25, 2012)
(final rule). On January 27, 2011; July 19, 2011; December 14, 2011;
December 11, 2012; and February 5, 2013, 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), 77 FR 75428 (Dec. 20,
2012), June 14, 2013 (78 FR 35901), and 78 FR 35898 (June 14, 2013).
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, 77 FR 75428, 78 FR 35901, and 78 FR 35898. 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-032) are hereby granted as set forth in the
paragraphs below.
(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.
RF28HM*LB**
RF28HM*DB**
RF28HF*DT**
RF28HF*DB**
RF23HC*DT**
RF23HC*DB**
RF25HM*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).
[[Page 65625]]
(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 August 2, 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 October 28, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-26088 Filed 10-31-13; 8:45 am]
BILLING CODE 6450-01-P
