Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedures, 19882-19884 [2014-08073]
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19882
Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
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Issued in Washington, DC, on April 5,
2014.
Carl Pechman,
QER Secretariat, QER Interagency Task Force,
U.S. Department of Energy.
[FR Doc. 2014–08030 Filed 4–9–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–036]
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–036 grants
Samsung Electronics America, Inc.
(Samsung) with 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
SUMMARY:
E:\FR\FM\10APN1.SGM
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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Notices
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.
This Decision and Order is
effective April 10, 2014.
DATES:
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies Office,
Mailstop EE–5B, 1000 Independence
Avenue SW., Washington, DC 20585–
0121. Telephone: (202) 586–0371,
Email: Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
In
accordance with Title 10 of the Code of
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).
sroberts on DSK5SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, on April 4,
2014.
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–036)
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Pub. L. 94–163 (42 U.S.C. 6291–6309, as
codified) established the Energy
Conservation Program for Consumer
Products Other Than Automobiles, a
program covering most major household
appliances, which includes the
residential electric refrigerators and
refrigerator-freezers that are the focus of
this notice.1 Part B includes definitions,
test procedures, labeling provisions,
energy conservation standards, and the
authority to require information and
reports from manufacturers. Further,
Part B authorizes the Secretary of
Energy to prescribe test procedures that
are reasonably designed to produce
results that 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 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(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
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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19883
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
from 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 November 26, 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 that 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). Samsung has 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. See 77 FR 1474 (Jan. 10,
2012), 77 FR 75428 (Dec. 20, 2012), 78
FR 35901 (June 14, 2013), 78 FR 35898
(June 14, 2013), and 78 FR 65623 (Nov.
1, 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
responding to the earlier 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 78809 (Dec. 16, 2010).
The alternate test procedure that
E:\FR\FM\10APN1.SGM
10APN1
19884
Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Notices
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 found in 10 CFR Part 430,
subpart B, appendix A1 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, 78 FR 35898,
and 78 FR 65623. 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.
sroberts on DSK5SPTVN1PROD with NOTICES
III. Consultations with Other Agencies
DOE consulted with the appropriate
staff at 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 submitted by Samsung and
consultation with the FTC staff, it is
ordered that:
(1) The petitions for waiver submitted
by Samsung Electronics America, Inc.
(Case No. RF–036) 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.
RS25H5121**
RS25H5111**
(3) Samsung shall be required to test
the products listed in paragraph (2) of
this section according to appendix A1 to
subpart B of 10 CFR part 430 except that
the test cycle shall be identical to the
test procedure provisions for products
with long-time or variable defrost
located in section 4.2.1 of appendix A
to subpart B of 10 CFR part 430, as
adopted in DOE’s final rule dated
January 25, 2012 (77 FR 3559).
(4) Representations. Samsung may
make representations about the energy
use of its refrigerator-freezer products
for compliance, marketing, or other
purposes only to the extent that such
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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 and accurate. 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
November 26, 2013 petition for waiver.
The granting of this waiver does not
release the petitioner from the
certification requirements set forth at 10
CFR part 429.
Issued in Washington, DC, on April 4,
2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2014–08073 Filed 4–9–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–037]
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 the
decision and order (Case No. RF–037)
that grants Samsung Electronics
America, Inc. (Samsung) with a waiver
from the DOE electric refrigerator and
refrigerator-freezer test procedures for
the basic models set forth in its petition
for waiver. In its petition, Samsung
provides an alternate test procedure to
address the difficulties in testing dual
compressor systems using the currently
applicable DOE test procedure. Under
today’s decision and order, Samsung
shall be required to test and rate these
refrigerator-freezers using an alternate
test procedure that takes dual
SUMMARY:
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Sfmt 4703
compressors into account when
measuring energy consumption.
DATES: This Decision and Order is
effective April 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of
Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371, Email:
Bryan.Berringer@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(l)),
DOE gives notice of the issuance of its
decision and order as set forth below.
The decision and order grants Samsung
with a waiver from the applicable
residential refrigerator and refrigeratorfreezer test procedures in 10 CFR part
430, subpart B, appendix A for certain
basic models of refrigerator-freezers
with dual compressors, provided that
Samsung tests and rates such products
using the alternate test procedure
described in this notice. Today’s
decision prohibits Samsung from
making representations concerning the
energy efficiency of these products
unless the product has been tested in a
manner consistent with the provisions
and restrictions in the alternate test
procedure set forth in the decision and
order below, and the representations
fairly disclose the test results.
Distributors, retailers, and private
labelers are held to the same standard
when making representations regarding
the energy efficiency of these products.
42 U.S.C. 6293(c).
Issued in Washington, DC, on April 4,
2014.
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–037)
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
E:\FR\FM\10APN1.SGM
10APN1
]]>Agencies
[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19882-19884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08073]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-036]
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-036 grants Samsung Electronics
America, Inc. (Samsung) with 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
[[Page 19883]]
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 April 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies
Office, Mailstop EE-5B, 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).
Issued in Washington, DC, on April 4, 2014.
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-036)
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Pub. L. 94-163 (42 U.S.C. 6291-6309, as codified) established
the Energy Conservation Program for Consumer Products Other Than
Automobiles, a program covering most major household appliances, which
includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes
definitions, test procedures, labeling provisions, energy conservation
standards, and the authority to require information and reports from
manufacturers. Further, Part B authorizes the Secretary of Energy to
prescribe test procedures that are reasonably designed to produce
results that 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 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(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 from 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 November 26, 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 that 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). Samsung has 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. See 77
FR 1474 (Jan. 10, 2012), 77 FR 75428 (Dec. 20, 2012), 78 FR 35901 (June
14, 2013), 78 FR 35898 (June 14, 2013), and 78 FR 65623 (Nov. 1, 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 responding to the earlier 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 78809 (Dec. 16, 2010).
The alternate test procedure that
[[Page 19884]]
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 found in 10 CFR
Part 430, subpart B, appendix A1 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, 78 FR 35898, and 78 FR 65623. 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 appropriate staff at 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 submitted by
Samsung and consultation with the FTC staff, it is ordered that:
(1) The petitions for waiver submitted by Samsung Electronics
America, Inc. (Case No. RF-036) 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.
RS25H5121**
RS25H5111**
(3) Samsung shall be required to test the products listed in
paragraph (2) of this section according to appendix A1 to subpart B of
10 CFR part 430 except that the test cycle shall be identical to the
test procedure provisions for products with long-time or variable
defrost located in section 4.2.1 of appendix A to subpart B of 10 CFR
part 430, as adopted in DOE's final rule dated January 25, 2012 (77 FR
3559).
(4) Representations. Samsung may make representations about the
energy use of its refrigerator-freezer products for compliance,
marketing, or other purposes only to the extent that such products have
been tested in accordance with the provisions outlined above and such
representations fairly disclose the results of such testing.
(5) This waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(m).
(6) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid and accurate. 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 November 26, 2013 petition for waiver. The granting of this
waiver does not release the petitioner from the certification
requirements set forth at 10 CFR part 429.
Issued in Washington, DC, on April 4, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2014-08073 Filed 4-9-14; 8:45 am]
BILLING CODE 6450-01-P
