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
Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Notices 19885 

1For editorial reasons, upon codification in the 

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

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, it 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 A. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver from the test 

procedure requirements for a particular 

basic model for covered consumer 

products when (1) the petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or the 

Assistant Secretary determines that it 

would be desirable for public policy 

reasons to grant immediate relief 

pending a determination on the petition 

for waiver. 10 CFR 430.27(g). 

II. Samsung’s Petition for Waiver: 

Assertions and Determinations 

On 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 A because 

it was designing new refrigeratorfreezers that incorporate a dual 

compressor design. Samsung sought 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 the 

company’s dual compressor products. In 

its petition, Samsung set forth an 

alternate test procedure and noted in 

support for the petition already granted 

to Sub-Zero involving 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 a similar waiver 

to LG. See 77 FR 44603 (July 30, 2012) 

(interim waiver) and 78 FR 18327 

(March 26, 2013) (Decision and Order). 

While Samsung has acknowledged that 

its products are different from the ones 

addressed by the Sub-Zero waiver in 

that they feature a different number of 

evaporators and defrost heaters, 

Samsung asserts that the procedure 

outlined in the Sub-Zero waiver will 

provide a representative measurement 

of the energy use of its products. 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). 

DOE has determined that it is 

desirable to have similar basic models, 

such as those addressed by this most 

recent Samsung petition, 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) concerning the Samsung petition 

for waiver. The FTC staff did not have 

any objections to granting a waiver to 

Samsung. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by Samsung 

and DOE’s consultation with the FTC 

staff, it is ordered that: 

(1) The petitions for waiver submitted 

by Samsung Electronics America, Inc. 

(Case No. RF–037) 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. 

RF34H99  

RF33H99** ** 

(3) Samsung shall be required to test 

the product listed in paragraph (2) 

above according to the test procedures 

for electric refrigerator-freezers 

prescribed by DOE at 10 CFR part 430, 

appendix A, except that, for the 

Samsung products listed in paragraph 

(2) only, replace section 5.2.1.4 of 

appendix A, with the following: 

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: 

Where: 

1440 = number of minutes in a day 

ET is the test cycle energy (kWh/day); 

i is a variable that can equal to 1, 2 or more 

that identifies the distinct defrost cycle 

types applicable for the refrigerator or 


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19886 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Notices 

refrigerator-freezer; 

D is the total number of distinct defrost cycle 

types; 

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 freezer compressor run time 

between instances of defrost cycle type 

i. CTi for compartment i with long time 

automatic defrost system is calculated as 

per 10 CFR part 430, subpart B, appendix 

A clause 5.2.1.2. CTi for compartment i 

with variable defrost system is calculated 

as per 10 CFR part 430 subpart B 

appendix A 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. 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 

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. 

[End of 5.2.1.4] 

(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 

December 13 and 26, 2013 petitions for 

waiver. Grant of this waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Issued in Washington, DC, on April 4, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–08077 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–035] 

Decision and Order Granting a Waiver 

to Liebherr Canada Ltd. 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 (Case No. RF–035) granting 

Liebherr Canada Ltd. (Liebherr) 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, 

Liebherr sought to use an alternate test 

procedure that would permit the testing 

of its all-refrigerator model while 

physically connected to Liebherr’s 

companion upright freezer model, 

which is necessary for the refrigerator to 

function properly. Under today’s 

decision and order, Liebherr shall be 

required to test and rate these 

refrigerator-freezers, subject to use of the 

alternate test procedure set forth in this 

notice. 

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 Liebherr 

a waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedures in 10 CFR part 430, subpart 

B, appendix A for certain basic models 

of refrigerator which shares a control 

panel with an accompanying freezer, 

provided that Liebherr tests and rates 

such products using the alternate test 

procedure described in this notice. 

Today’s decision prohibits Liebherr 

from making representations concerning 

the energy efficiency of these products 

unless the product has been tested 

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). 


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