19882 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Notices 

environmental, faith-based, labor, and 

other social organizations; and 

contributions from the academic and 

non-profit sectors are also critical to the 

development and implementation of 

effective energy policies. 

An interagency Quadrennial Energy 

Review Task Force, which includes 

members from all relevant executive 

departments and agencies (agencies), 

will develop an integrated review of 

energy policy that integrates all of these 

perspectives. It will build on the 

foundation provided in the 

Administration’s Blueprint for a Secure 

Energy Future of March 30, 2011, and 

Climate Action Plan released on June 

25, 2013. The Task Force will offer 

recommendations on what additional 

actions it believes would be appropriate. 

These may include recommendations on 

additional executive or legislative 

actions to address the energy challenges 

and opportunities facing the Nation. 

April 21, 2014 Public Meeting: New 

England Regional Energy Infrastructure 

Constraints, Parts 1 and 2 

On April 21, 2014, the DOE will hold 

a two part public meeting in 

Providence, Rhode Island and Hartford, 

Connecticut. Each part of the April 21, 

2014 public meeting will feature a 

facilitated panel discussion, followed by 

an open microphone session. Persons 

desiring to speak at the open 

microphone sessions should come 

prepared to speak for no more than 3 

minutes and will be accommodated on 

a first- come, first- serve basis, according 

to the order in which they register to 

speak on a sign-in sheet available at the 

meeting location, immediately prior to 

the meeting. 

In advance of the meeting, DOE 

anticipates making publicly available a 

briefing memorandum providing useful 

background information regarding the 

topics under discussion at the meeting. 

DOE will post this memorandum on its 

Web site: http://energy.gov. 

Submitting comments via email. 

Submitting comments by email to the 

QER email address will require you to 

provide your name and contact 

information in the transmittal email. 

Your contact information will be 

viewable to DOE staff only. Your contact 

information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

Your contact information will be 

publicly viewable if you include it in 

the comment itself or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Otherwise, persons viewing comments 

will see only first and last names, 

organization names, correspondence 

containing comments, and any 

documents submitted with the 

comments. 

Do not submit to the QER email 

address (QERcomments@hq.doe.gov) 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted to the QER 

email address cannot be claimed as CBI. 

Comments received through the email 

address will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section, below. 

If you do not want your personal 

contact information to be publicly 

viewable, do not include it in your 

comment or any accompanying 

documents. Instead, provide your 

contact information in a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via mail or hand delivery/

courier, please provide all items on a 

CD, if feasible, in which case it is not 

necessary to submit printed copies. No 

telefacsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English, and are free 

of any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email, postal mail, or hand 

delivery/courier two well-marked 

copies: One copy of the document 

marked ‘‘confidential’’ including all the 

information believed to be confidential, 

and one copy of the document marked 

‘‘non-confidential’’ with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Confidential information should be 

submitted to the Confidential QER email 

address: QERConfidential@hq.doe.gov. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. It is DOE’s policy 

that all comments may be included in 

the public docket, without change and 

as received, including any personal 

information provided in the comments 

(except information deemed to be 

exempt from public disclosure). 

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 

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 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 


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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Notices 19883 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

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 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). 

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 

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 


sroberts on DSK5SPTVN1PROD with NOTICES
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. 

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 

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 

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 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 

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 


sroberts on DSK5SPTVN1PROD with NOTICES