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, 3793-3798 [2014-01345]

Download as PDF Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices waiver to Liebherr. DOE is publishing Liebherr’s petition for waiver. 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 shares a control panel with an accompanying freezer. DOE solicits comments from interested parties on all aspects of the petition. Any person submitting written comments to DOE must also send a copy of such comments to the petitioner. 10 CFR 430.27(d). The contact information for the petitioner is: Gordon Tosh, Technical Advisor, Refrigerator and Freezer Division, Liebherr Canada Ltd., 1015 Sutton Drive, Burlington, Ontario, Canada, N0B 2K0. 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 January 16, 2014. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. September 27, 2013 The Honorable David Danielson Assistant Secretary Energy Efficiency and Renewable Energy U. S. Department of Energy Mail Station EE–10 1000 Independence Avenue, SW. Washington DC 20585–010 Liebherr Canada Ltd. (Liebherr) respectfully summits an Application for Petition of Waiver and Application for Interim Waiver to the Department of Energy (DOE) with regard to Liebherr’s all-refrigerator that shares a control panel with an accompanying freezer. sroberts on DSK5SPTVN1PROD with NOTICES Reasoning 10 CFR 430.27, Petitions for waiver and applications for interim waiver, allows any interested person to submit a petition to waive for a particular basic model any requirements of § 430.23, or of any appendix to this subpart, upon the grounds that the basic model contains one or more design characteristics which prevent testing of the basic model according to the prescribed test procedures. VerDate Mar<15>2010 21:50 Jan 22, 2014 Jkt 232001 APPENDIX A TO SUBPART B OF PART 430—UNIFORM TEST METHOD FOR MEASURING THE ENERGY CONSUMPTION OF ELECTRIC REFRIGERATORS AND ELECTRIC REFRIGERATOR-FREEZERS, SEC. 3 TEST CONTROL SETTINGS: Requires that refrigerators with a user operable temperature control be tested with the control set a prescribed manor according TABLE 1—TEMPERATURE SETTINGS FOR ALL-REFRIGERATORS. This is not possible unless the refrigerator is connected to the accompanying freezer which has the control panel for both appliances. Liebherr petitions for waiver for a refrigerator that due to a design characteristic prevents testing of the basic model according to the prescribed test procedures because its control panel is located in an accompanying freezer. The petition for waiver is to allow a freezer, with the appropriate connection and control panel, to be connected to the refrigerator for the sole purpose of changing the control settings in the refrigerator under test. Alternate test procedure. When the refrigerator is in position for testing, locate the freezer close enough to attach the low voltage connection (approximately 18″) but not in a location where the freezer interferes with the ambient air flow or other testing conditions. Connect the refrigerator’s low voltage cable to the freezer. Plug in the freezer. Turn the freezer off on the control panel. Use the refrigerator portion of the control panel to set the appropriate temperatures for the refrigerator test. Conclusion Liebherr Petitions for Waiver and application for Interim Waiver to allow the use of the control panel in an accompanying freezer to set the temperature of a refrigerator under test. The effected models are RB 1420 and R 1420. Please feel free to contact me if we have any questions regarding this Petition for Waiver and application for Interim Waiver. I will be happy to provide any other information or discuss any questions. Sincerely, Gordon Tosh Technical Advisor Refrigerator and Freezer Division 1015 Sutton Drive Burlington, Ontario Canada, N0B 2K0 Phone: 905–315–2798 Mobile: 905–220–5933 Fax: 905–319–9336 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 3793 Email: gordon.tosh@liebherr.com [FR Doc. 2014–01346 Filed 1–22–14; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. RF–037] 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 petitions 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 that is intended to address difficulties in testing dual compressor systems using the currently applicable DOE test procedure. DOE solicits comments, data, and information concerning Samsung’s petitions and the suggested alternate test procedure. Today’s notice also grants Samsung 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 petitions that incorporate dual compressors. DATES: DOE will accept comments, data, and information with respect to the Samsung Petition until February 24, 2014. SUMMARY: You may submit comments, identified by case number ‘‘RF–037,’’ 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–037] in the subject line of the message. • Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J/ ADDRESSES: E:\FR\FM\23JAN1.SGM 23JAN1 3794 Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 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 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. 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: sroberts on DSK5SPTVN1PROD 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 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. VerDate Mar<15>2010 21:50 Jan 22, 2014 Jkt 232001 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. The regulations set forth in 10 CFR 430.27 contain provisions that enable a person to seek a waiver from the test procedure requirements for covered products. The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) will grant a waiver if it is determined that the basic model for which the petition for waiver was submitted contains one or more design characteristics that prevents testing of the basic model according to the prescribed test procedures, or if the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(l). Petitioners must include in their petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. The Assistant Secretary may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l). Waivers remain in effect pursuant to the provisions of 10 CFR 430.27(m). The waiver process also allows the Assistant Secretary to grant an interim waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. 10 CFR 430.27(g). An interim waiver remains in effect for 180 days or until DOE issues its determination on the petition for waiver, whichever occurs earlier. DOE may extend an interim waiver for an additional 180 days. 10 CFR 430.27(h). II. Petition for Waiver of Test Procedure and Application for Interim Waiver On December 13 and 26, 2013, Samsung submitted petitions 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 petitions, 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. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 In its petitions, 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 for products of this type 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 E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices sroberts on DSK5SPTVN1PROD with NOTICES 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 models group: RF34H99**** 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: VerDate Mar<15>2010 21:50 Jan 22, 2014 Jkt 232001 RF33H99**** 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 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 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: 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 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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: 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 petitions for waiver from those same portions of the test procedure. DOE publishes Samsung’s petitions for waiver in its entirety. The E:\FR\FM\23JAN1.SGM 23JAN1 EN23JA14.063</GPH> 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 GE, Samsung, LG, and Sub-Zero similar waivers pertaining to the use of dual compressor-equipped refrigerators. See 78 FR 38699 (June 27, 2013); 78 FR 35899 (June 14, 2013); 78 FR 18327 (March 26, 2013); and 77 FR 5784 (February 6, 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: 3795 Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices petitions include 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 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 petitions, including the suggested alternate test procedure and calculation methodology. 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 January 16, 2014. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. December 13, 2013 The Honorable David Danielson sroberts on DSK5SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 21:50 Jan 22, 2014 Jkt 232001 Assistant Secretary, Energy Efficiency and Renewable Energy United States Department of Energy Forrestal Building (Mail Station EE–1) 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 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: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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: 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 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\23JAN1.SGM 23JAN1 EN23JA14.064</GPH> 3796 Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 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. December 26, 2013 The Honorable David Danielson Assistant Secretary, Energy Efficiency and Renewable Energy United States Department of Energy Forrestal Building (Mail Station EE–1) 1000 Independence Avenue, SW 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 fourth ice room compartment is a sub 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 °F (0.6 °C) of the test period temperature average for each compartment. sroberts on DSK5SPTVN1PROD with NOTICES Request 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: RF34H99**** 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 VerDate Mar<15>2010 21:50 Jan 22, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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: 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: 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 E:\FR\FM\23JAN1.SGM 23JAN1 EN23JA14.065</GPH> 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. 3797 3798 Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 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. Request 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: RF33H99**** 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. 2014–01345 Filed 1–22–14; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 637–097] sroberts on DSK5SPTVN1PROD with NOTICES PUD No. 1 of Chelan County; Notice of Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Protests Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. Application Type: Non-project use of project lands and waters b. Project No: 637–097 c. Date Filed: January 7, 2014 d. Applicant: Public Utility District No. 1 of Chelan County e. Name of Project: Lake Chelan Hydroelectric Project f. Location: Chelan River in Chelan County, Washington. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a—825r h. Applicant Contact: Michelle Smith, Licensing and Compliance Manager, Public Utility District No. 1 of Chelan County, 327 North Wenatchee Avenue, Wenatchee, Washington 98801. Phone: 888–663–8121, ext 4180. Email: michelle@chelanpud.org. i. FERC Contact: Shana High at (202) 502–8674, or email: shana.high@ ferc.gov. VerDate Mar<15>2010 21:50 Jan 22, 2014 Jkt 232001 j. Deadline for filing comments, motions to intervene, and protests: February 14, 2014. All documents may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site at https://www.ferc.gov/docs-filing/ efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https:// www.ferc.gov/docs-filing/ ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or toll free at 1–866–208–3676, or for TTY, (202) 502–8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and seven copies to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Please include the project number (P–637–097) on any comments, motions, or recommendations filed. The Commission’s Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. Description of Request: Public Utility District No. 1 of Chelan County proposes to permit Chelan Lookout LLC to construct a 70-slip marina to provide boat moorage and lake access for property owners at the Lookout at Lake Chelan, a residential development on Lake Chelan’s north shore. The 12,773 square-foot facility would be constructed on private property (29%) and Washington Department of Natural Resources leased land (71%). The application details proposed compensatory mitigation. No dredging or fill would occur, and no fuel facilities are proposed. l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission’s Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling (202) 502–8371. This filing may also be viewed on the Commission’s Web site at https://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in PO 00000 Frm 00024 Fmt 4703 Sfmt 9990 the docket number field (P–637) to access the document. You may also register online at https://www.ferc.gov/ docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1– 866–208–3676 or email FERCOnlineSupport@ferc.gov, for TTY, call (202) 502–8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant. m. Individuals desiring to be included on the Commission’s mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title ‘‘COMMENTS’’, ‘‘PROTEST’’, or ‘‘MOTION TO INTERVENE’’ as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010. Dated: January 15, 2014. Kimberly D. Bose, Secretary. [FR Doc. 2014–01281 Filed 1–22–14; 8:45 am] BILLING CODE 6717–01–P E:\FR\FM\23JAN1.SGM 23JAN1

Agencies

[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3793-3798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01345]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-037]


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.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt of petitions 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 that is intended to 
address difficulties in testing dual compressor systems using the 
currently applicable DOE test procedure. DOE solicits comments, data, 
and information concerning Samsung's petitions and the suggested 
alternate test procedure. Today's notice also grants Samsung 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 
petitions that incorporate dual compressors.

DATES: DOE will accept comments, data, and information with respect to 
the Samsung Petition until February 24, 2014.

ADDRESSES: You may submit comments, identified by case number ``RF-
037,'' 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-037] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/

[[Page 3794]]

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 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.
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:

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 and Application for Interim 
Waiver

    On December 13 and 26, 2013, Samsung submitted petitions 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 
petitions, 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 petitions, 
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 
for products of this type 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

[[Page 3795]]

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 GE, Samsung, LG, 
and Sub-Zero similar waivers pertaining to the use of dual compressor-
equipped refrigerators. See 78 FR 38699 (June 27, 2013); 78 FR 35899 
(June 14, 2013); 78 FR 18327 (March 26, 2013); and 77 FR 5784 (February 
6, 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 models group:

RF34H99****
RF33H99****

    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] TN23JA14.063

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:
    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 petitions for waiver from those same portions of 
the test procedure. DOE publishes Samsung's petitions for waiver in its 
entirety. The

[[Page 3796]]

petitions include 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 
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 
petitions, including the suggested alternate test procedure and 
calculation methodology. 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 January 16, 2014.
Kathleen B. Hogan,
 Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
December 13, 2013
The Honorable David Danielson
Assistant Secretary, Energy Efficiency and Renewable Energy
United States Department of Energy
Forrestal Building (Mail Station EE-1)
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] TN23JA14.064

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 3797]]

    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.

Request

    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:

RF34H99****

    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

December 26, 2013

The Honorable David Danielson
Assistant Secretary, Energy Efficiency and Renewable Energy
United States Department of Energy
Forrestal Building (Mail Station EE-1)
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] TN23JA14.065

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:
    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

[[Page 3798]]

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.

Request

    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:

    RF33H99****

    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. 2014-01345 Filed 1-22-14; 8:45 am]
BILLING CODE 6450-01-P