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[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16760-16763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7089]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-018]

Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Notice of Granting the Application for 
Interim Waiver of Samsung From the Department of Energy Residential 
Refrigerator and Refrigerator-Freezer Test Procedure

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.

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SUMMARY: This notice announces receipt of and publishes the Samsung 
Electronics America, Inc. (Samsung) petition for waiver (hereafter, 
``petition'') from specified portions of the U.S. Department of Energy 
(DOE) test procedure for determining the energy consumption of electric 
refrigerators and refrigerator-freezers. The waiver request pertains to 
Samsung's product lines that incorporate multiple defrost cycles. In 
its petition, Samsung provides an alternate test procedure that DOE 
recently published in an interim final rule. DOE solicits comments, 
data, and information concerning Samsung's petition and the suggested 
alternate test procedure. DOE also publishes notice of the grant of an 
interim waiver to Samsung.

DATES: DOE will accept comments, data, and information with respect to 
the Samsung Petition until, but no later than April 25, 2011.

ADDRESSES: You may submit comments, identified by case number ``RF-
017,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected] Include the case 
number [Case No. RF-017] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 
Suite 600,

[[Page 16761]]

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., (Resource Room of the Building Technologies 
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4 
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 regarding visiting the 
Resource Room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: 
[email protected].
    Ms. Elizabeth Kohl, 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) 586-7796. E-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

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

    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver for a particular basic model from the test 
procedure requirements for covered consumer products when (1) the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics. 10 CFR 
430.27(b)(1)(iii).
    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 pro-visions of 10 CFR 
430.27(m).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the interim waiver is 
denied, if it appears likely that the petition for waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination on the petition for waiver. 10 CFR 430.27(g).

II. Petition for Waiver of Test Procedure

    On January 27, 2011, Samsung filed 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 DOE recently 
published in an interim final rule (75 FR 78810, December 16, 2010).

III. Application for Interim Waiver

    Samsung also requests an interim waiver from the existing DOE test 
procedure. Under 10 CFR 430.27(b)(2), each application for interim 
waiver must demonstrate likely success of the Petition for Waiver and 
address the economic hardship and/or competitive disadvantage that is 
likely to result absent a favorable determination on the application 
for interim waiver.'' 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. 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 understands, 
however, that absent an interim waiver, Samsung's products would not be 
accurately tested and rated for energy consumption because the current 
energy test procedure does not include test procedures for products 
with multiple defrost cycle types. Therefore, it appears likely that 
Samsung's petition for waiver will be granted.
    For the reasons stated above, DOE grants Samsung's application for 
interim waiver from testing of its refrigerator-freezer product line 
containing relative humidity sensors and adaptive control anti-sweat 
heaters. 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 multiple defrost cycles subject to the specifications and 
conditions below.
    1. Samsung shall not be required to test or rate its refrigerator-
freezer product lines that incorporate multiple defrost cycles on the 
basis of the test procedure under 10 CFR part 430 subpart B, appendix 
A1.
    2. Samsung shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive 
control anti-sweat heaters according to the alternate test procedure as 
set forth in section IV, ``Alternate test procedure.''

[[Page 16762]]

    The interim waiver applies to the following basic model groups:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
RS26*T***                RF266****               GFSF6KEX****
RSG257****               RF267****               GFSF6KKY****
RF428*****               RF268****               GFSL6KEX****
RFG293****               RF26X****               GFSL6KKY****
RFG295****               RB194****               GFSS6KEX****
RFG296****               RB195****               GFSS6KIX****
RFG297****               RB196****               GFSS6KKY****
RFG298****               RB197****               592 6570*
RFG299****               RB214****               592 6571*
RFG237****               RB215****               401.4100****
RFG238****               RB216****               401.40483800
RF4267****               RB217****               PFSF6PKX****
RFG267****               RF215****               PFSS6PKX****
RFG263****               RF217****               PFSS6SKX****
RSG309****               RF195****               PFSS9PKY****
RSG307****               RF197****               PFSS9SKY****
RF263****                DFSS9VKBSS              DFSS9VKBWW
RFG29P****               RFG29T****              DFSS9VKBBB
DFSF9VKBWW               DFSF9VKBBB              .......................
------------------------------------------------------------------------

    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 grant of an interim waiver or waiver does not release a petitioner 
from the certification requirements set forth at 10 CFR 430.62.
    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.

IV. Alternate Test Procedure

    For the duration of the interim waiver, Samsung shall be required 
to 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:
    1. In section 1, Definitions, the following definition:
    ``Defrost cycle type'' means a distinct sequence of control whose 
function is to remove frost and/or ice from a refrigerated surface. 
There may be variations in the defrost control sequence such as the 
number of defrost heaters energized. Each such variation establishes a 
separate distinct defrost cycle type. However, defrost achieved 
regularly during the compressor off-cycles by warming of the evaporator 
without active heat addition is not a defrost cycle type.
    2. In section 4, Test Period, the following:
    Systems with Multiple Defrost Frequencies. This section applies to 
models with long-time automatic or variable defrost control with 
multiple defrost cycle types, such as models with single compressors 
and multiple evaporators in which the evaporators have different 
defrost frequencies. A two-part method shall be used. The first part is 
a stable period of compressor operation that includes no portions of 
the defrost cycle, such as precooling or recovery, that is otherwise 
the same as the test for a unit having no defrost provisions. The 
second part is designed to capture the energy consumed during all of 
the events occurring with the defrost control sequence that are outside 
of stable operation, and will be conducted separately for each distinct 
defrost cycle type. For defrost cycle types involving the defrosting of 
both fresh food and freezer compartments, the freezer compartment 
temperature shall be used to determine test period start and stop 
times.
    3. In section 5, Test Measurements, the following:
    Long-time or Variable Defrost Control for Systems with Multiple 
Defrost cycle Types. The energy consumption in kilowatt-hours per day 
shall be calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TN25MR11.025

Where:
1440 = conversion factor to adjust to a 24-hour period in minutes 
per day;
EP1 = energy expended in kilowatt-hours during the first part of the 
test;
T1 = length of time in minutes of the first part of the test;
12 = factor to adjust for a 50-percent run time of the compressor in 
hours per day;
i is a variable that can equal 1, 2, or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
EP2i = energy expended in kilowatt-hours during the 
second part of the test for defrost cycle type i;
T2i = length of time in minutes of the second part of the 
test for defrost cycle type i;
CTi is the compressor run time between instances of 
defrost cycle type i, for long-time automatic defrost control equal 
to a fixed time in hours rounded to the nearest tenth of an hour, 
and for variable defrost control equal to (CTLi x 
CTMi)/(F x (CTMi - CTLi) + 
CTLi);
CTLi = least or shortest compressor run time between 
instances of defrost cycle type i in hours rounded to the nearest 
tenth of an hour (CTL must be greater than or equal to 6 
but less than or equal to 12 hours);
CTMi = maximum compressor run time between instances of 
defrost cycle type i in hours rounded to the nearest tenth of an 
hour (greater than CTLi but not more than 96 hours);

    For cases in which there are more than one fixed CT value (for 
long-time defrost models) or more than one CTM and/or 
CTL value (for variable defrost models) for a given 
defrost cycle type, an average fixed CT value or average 
CTM and CTL values shall be selected for this 
cycle type so that 12 divided by this value or values is the 
frequency of occurrence of the defrost cycle type in a 24 hour 
period, assuming 50% compressor run time.

F = default defrost energy consumption factor, equal to 0.20.

    For variable defrost models with no values for CT Li 
and CTMi in the algorithm, the default values of 12 and 
84 shall be used, respectively.

D is the total number of distinct defrost cycle types.

V. 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 
new line of refrigerator-freezers with multiple defrost cycles and 
announces receipt of Samsung's petition for waiver from those same 
portions of the test procedure. DOE publishes Samsung's petition for 
waiver pursuant to 10 CFR 430.27(b)(1)(iv). The petition includes a 
suggested alternate test procedure and calculation methodology to 
determine the energy consumption of Samsung's specified refrigerator-
freezers with multiple defrost cycles. 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.

[[Page 16763]]

    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 430.27(b)(1)(iv), 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., 18600 Broadwick St., Rancho Dominguez, CA 
90220. 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).
    According 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 two copies to DOE: one copy of the document 
including all the information believed to be confidential, and one copy 
of the document with the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC on March 18, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
January 27, 2011

Catherine Zoi
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue, SW., Washington, DC 20585

    Dear Assistant Secretary Zoi: Samsung Electronics America, Inc. 
(``Samsung'') respectfully submits this request Application for Interim 
Waiver and Petition for Waiver to the Department of Energy (``DOE'' or 
``the Department'') for Samsung's single compressor refrigerator-
freezers with multiple defrost cycles.

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 
upon the grounds that the basic model contains one or more design 
characteristics which either prevent testing of the basic model 
according to the prescribed test procedures, or 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. Additionally, 10 CFR Part 430.27(b)(2) 
allows an applicant to request an Interim Waiver if economic hardship 
and/or competitive disadvantage is likely to result absent a favorable 
determination on the Application for Interim Waiver.
    Current test procedures as prescribed in Appendix A1 to Subpart B 
of Part 430 (``Appendix A1'') inadequately addresses refrigerator-
freezers with multiple defrost cycles, providing Samsung little ability 
to represent the energy data of its refrigerator-freezers with multiple 
defrost. DOE also recognized in 75 FR 78837 \2\ that Appendix A1 to 
Subpart B of Part 430 does not address refrigerator-freezers with 
multiple defrost cycles, which supports Samsung's concerns about the 
ability to apply Appendix A1 to Samsung manufactured refrigerator-
freezers. DOE also communicated that all manufacturers planning on 
marketing refrigerator-freezers with multiple defrost cycles must seek 
a waiver from the Department.\3\
---------------------------------------------------------------------------

    \2\ In DOE's view, the current energy test procedure does not 
include test procedures for products with multiple defrost cycle 
types. For this reason, there is no basis for manufacturers' claims 
that the amendment would impact energy use measurements. DOE has no 
documentation regarding the test procedures manufacturers are using 
to certify these products, and has received no petitions for waivers 
suggesting the need for any such test procedures.
    \3\ Until these amendments are required in conjunction with the 
2014 standards, manufacturers introducing products equipped with 
multiple defrost cycle types should, consistent with 10 CFR 430.27, 
petition for a waiver since the modified version of Appendix A1 set 
out in today's notice will not include a specified method for 
capturing this energy usage.
---------------------------------------------------------------------------

    Samsung expects that [mshbox] of its new 2011 refrigerator-freezer 
models will utilize the multiple defrost cycles. Without the Interim 
Waiver, Samsung will face economic hardship due to inability to 
accurately represent its refrigerator-freezer's energy consumption, 
losing $[mshbox][mshbox] in sales. For these reasons, Samsung believes 
that the granting of Interim Waiver and Waiver to Samsung is warranted.

Request

    In 75 FR 78810 (December 16, 2010), DOE issued an interim final 
rule for Appendix A (``Appendix A''), effective April 15, 2011, that 
effectively addresses test methodologies for refrigerator-freezers with 
multiple defrost cycles. Samsung requests that the April 15, 2011 
Appendix A test methodology be expeditiously granted for Samsung 
refrigerator-freezers with multiple defrost cycles.
    The new test methodology of Appendix A, effective on April 15, 
2011, is appropriate and necessary for our refrigerator-freezers with 
multiple defrost cycles. Meanwhile, Samsung believes for the time being 
that the existing energy efficiency limits are adequate. Samsung 
therefore does not seek an alternate energy efficiency limit for these 
models at this time.
    Samsung requests that the efficient limits under Sec.  430.32(a) 
are applied to the following Samsung manufactured basic models:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
RS26*T***               RF266****               GFSF6KEX****
RSG257****              RF267****               GFSF6KKY****
RF428*****              RF268****               GFSL6KEX****
RFG293****              RF26X****               GFSL6KKY****
RFG295****              RB194****               GFSS6KEX****
RFG296****              RB195****               GFSS6KIX****
RFG297****              RB196****               GFSS6KKY****
RFG298****              RB197****               592 6570*
RFG299****              RB214****               592 6571*
RFG237****              RB215****               401.4100****
RFG238****              RB216****               401.40483800
RF4267****              RB217****               PFSF6PKX****
RFG267****              RF215****               PFSS6PKX****
RFG263****              RF217****               PFSS6SKX****
RSG309****              RF195****               PFSS9PKY****
RSG307****              RF197****               PFSS9SKY****
RF263****
------------------------------------------------------------------------

    Please feel free to contact me if you have any questions regarding 
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. 2011-7089 Filed 3-24-11; 8:45 am]
BILLING CODE 6450-01-P
```