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[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12044-12048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04062]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-025]

Notice of Petition for Waiver of Samsung Electronics America, 
Inc. From the Department of Energy Residential Refrigerator and 
Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver, notice of grant of interim 
waiver, and request for 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. In its petition, Samsung 
provides an alternate test procedure that is the same as the test 
procedure DOE published in an interim final rule. DOE solicits 
comments, data, and information concerning Samsung's petition and the 
suggested alternate test procedure. Today's notice also grants Samsung 
an interim waiver from the electric refrigerator and refrigerator-
freezer test procedure, subject to use of the alternative test 
procedure set forth in this notice.

DATES: DOE will accept comments, data, and information with respect to 
the Samsung Petition until March 25, 2013.

ADDRESSES: You may submit comments, identified by case number ``RF-
025,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. RF-025] 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, Washington, DC 20024. Please submit one signed original paper 
copy.

[[Page 12045]]

    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza SW., Washington, DC 20024; (202) 586-2945, between 
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays. Available documents include the following items: (1) This 
notice; (2) public comments received; (3) the petition for waiver and 
application for interim waiver; and (4) prior DOE waivers and 
rulemakings regarding similar refrigerator-freezer products. Please 
call Ms. Brenda Edwards at the above telephone number for additional 
information.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: AS_Waiver_Requests@ee.doe.gov.
    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. 
Email: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the electric refrigerators and refrigerator-freezers 
that are the focus of this notice.\1\ Part B includes definitions, test 
procedures, labeling provisions, energy conservation standards, and the 
authority to require information and reports from manufacturers. 
Further, part B authorizes the Secretary of Energy to prescribe test 
procedures that are reasonably designed to produce results 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.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
part B was re-designated part A.
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    The regulations set forth in 10 CFR 430.27 contain provisions that 
enable a person to seek a waiver from the test procedure requirements 
for covered products. The Assistant Secretary for Energy Efficiency and 
Renewable Energy (the Assistant Secretary) will grant a waiver if it is 
determined that the basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevents 
testing of the basic model according to the prescribed test procedures, 
or if the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(l). Petitioners must include in their petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption. The 
Assistant Secretary may grant the waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 430.27(g). An interim waiver remains in effect for 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever occurs earlier. DOE may extend an interim waiver for an 
additional 180 days. 10 CFR 430.27(h).

II. Petition for Waiver of Test Procedure and Application for Interim 
Waiver

    On December 11, 2012, 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 test procedure provisions for products with long time or 
variable defrost DOE published in a final rule (77 FR 3559, 3564-3565, 
January 25, 2012). These provisions were placed in appendix A, which is 
not required for use until September 15, 2014, and not in the current 
appendix A1 test procedure. On January 27, July 19, and December 14, 
2011, and Samsung had 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. 77 FR 
1474 (Jan. 10, 2012) and 77 FR 75428 (Dec. 20, 2012).
    Samsung also requests an interim waiver from the existing DOE test 
procedure. An interim waiver may be granted if it is determined that 
the applicant will experience economic hardship if the application for 
interim waiver is denied, if it appears likely that the petition for 
waiver will be granted, and/or the Assistant Secretary determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. (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 has 
determined, however that it is likely Samsung's petition will be 
granted, and that it is desirable for public policy reasons to grant 
Samsung relief pending a determination on the petition. Previously, DOE 
granted a waiver to Samsung for other basic models incorporating 
multiple defrost technology (77 FR 1474, Jan. 10, 2012 and 77 FR 75428, 
Dec. 20, 2012), and DOE has determined that it is desirable to have 
similar basic models tested in a consistent manner.
    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 published in the final rule 
referenced above. The alternate test procedure specified in this 
interim waiver (as well as the previous waiver granted to Samsung) is 
identical to the test procedure provisions for products with long time 
or variable defrost adopted in the final test procedure rule.
    For the reasons stated above, DOE grants Samsung's application for 
interim waiver from testing of its refrigerator-freezer product line 
containing multiple defrost cycles . Therefore, it is ordered that:
    The application for interim waiver filed by Samsung is hereby 
granted for the specified Samsung refrigerator-

[[Page 12046]]

freezer basic models that incorporate multiple defrost cycles, subject 
to the specifications and conditions below. Samsung shall be required 
to test or rate the specified refrigerator-freezer products according 
to the alternate test procedure as set forth in section III, 
``Alternate Test Procedure.''
    The interim waiver applies to the following basic model groups:

RF31FM*SB**
RF31FM*DB**
RF24FS*DB**

    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 subsequent 
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 part 429.
    Further, this interim waiver is conditioned upon the presumed 
validity of statements, representations, and documents provided by the 
petitioner. DOE may revoke or modify this interim waiver at any time 
upon a determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 430.27, DOE 
will consider setting an alternate test procedure for Samsung in a 
subsequent Decision and Order.
    During the period of the interim waiver granted in this notice, 
Samsung shall test the products listed above according to the test 
procedures for residential electric refrigerator-freezers prescribed by 
DOE at 10 CFR part 430, subpart B, appendix A1, except that, for the 
Samsung products listed above only, include:
    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:
    4.2.1 Long-time Automatic Defrost. If the model being tested has a 
long-time automatic defrost system, the two-part test described in this 
section may 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 (section 4.1). 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.
    4.2.1.1 Cycling Compressor System. For a system with a cycling 
compressor, the second part of the test starts at the termination of 
the last regular compressor ``on'' cycle. The average temperatures of 
the fresh food and freezer compartments measured from the termination 
of the previous compressor ``on'' cycle to the termination of the last 
regular compressor ``on'' cycle must both be within 0.5 [deg]F (0.3 
[deg]C) of their average temperatures measured for the first part of 
the test. If any compressor cycles occur prior to the defrost heater 
being energized that cause the average temperature in either 
compartment to deviate from its average temperature for the first part 
of the test by more than 0.5 [deg]F (0.3 [deg]C), these compressor 
cycles are not considered regular compressor cycles and must be 
included in the second part of the test. As an example, a 
``precooling'' cycle, which is an extended compressor cycle that lowers 
the temperature(s) of one or both compartments prior to energizing the 
defrost heater, must be included in the second part of the test. The 
test period for the second part of the test ends at the termination of 
the first regular compressor ``on'' cycle after both compartment 
temperatures have fully recovered to their stable conditions. The 
average temperatures of the compartments measured from this termination 
of the first regular compressor ``on'' cycle until the termination of 
the next regular compressor ``on'' cycle must both be within 0.5 [deg]F 
(0.3 [deg]C) of their average temperatures measured for the first part 
of the test. See Figure 1.

[[Page 12047]]

[GRAPHIC] [TIFF OMITTED] TN21FE13.002

    4.2.4 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. The two-part method in 4.2.1 shall be 
used. The second part of the method will be conducted separately for 
each distinct defrost cycle type.
    3. In section 5, Test Measurements, the following:
    5.2.1.5 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] TN21FE13.003

Where:
1440 is defined in 5.2.1.1 and EP1, T1, and 12 are defined in 
5.2.1.2;
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
[GRAPHIC] [TIFF OMITTED] TN21FE13.004

CTLi = least or shortest compressor run time between 
instances of defrost cycle type i in hours rounded to the nearest 
tenth

[[Page 12048]]

of an hour (CTL for the defrost cycle type with the 
longest compressor run time between defrosts 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 CTLi and 
CTMi in the algorithm, the default values of 6 and 96 
shall be used, respectively.
D is the total number of distinct defrost cycle types.

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of Samsung's petition 
for waiver from certain parts of the test procedure that apply to 
refrigerator-freezers and grants an interim waiver to Samsung. DOE is 
publishing Samsung's petition for waiver in its entirety pursuant to 10 
CFR 430.27(b)(1)(iv). The petition contains no confidential 
information. The petition includes a suggested alternate test procedure 
to measure the energy consumption of refrigerator-freezer basic models 
that incorporate multiple defrost cycles.
    DOE solicits comments from interested parties on all aspects of the 
petition. 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., 19 Chapin Road, Building D, Pine Brook, NJ 07058. All 
submissions received must include the agency name and case number for 
this proceeding. Submit electronic comments in WordPerfect, Microsoft 
Word, Portable Document Format (PDF), or text (American Standard Code 
for Information Interchange (ASCII)) file format and avoid the use of 
special characters or any form of encryption. Wherever possible, 
include the electronic signature of the author. DOE does not accept 
telefacsimiles (faxes).

    Issued in Washington, DC, on February 13, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
December 11, 2012

Dr. David Danielson
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue, SW.
Washington, DC 20585

Dear Assistant Secretary Danielson:

    Samsung Electronics America, Inc. (``Samsung'') respectfully 
submits this Application for Interim Waiver and Petition for Waiver to 
the Department of Energy (``DOE'' or ``the Department'') regards to 
Samsung's 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.
    Current test procedures as prescribed in Appendix A1 to Subpart B 
of Part 430 (``Appendix A1'') do not adequately provide a way for 
Samsung to accurately represent the energy consumption of its 
refrigerator-freezers with multiple defrost cycles. DOE concurred with 
Samsung's understanding in the interim waiver granted to Samsung in 76 
FR 16760 \1\ and subsequently granted the waiver on January 10, 2012 
(77 FR 1474). Additionally, DOE communicated that all manufacturers 
planning on marketing refrigerator-freezers with multiple defrost 
cycles must seek a waiver from the Department.\2\
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    \1\ 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.
    \2\ 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.
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    For the reasons that DOE described in its granting of waiver (77 FR 
1474) for Samsung refrigerator freezers with multiple defrost cycles, 
Samsung believes that the granting of Interim Waiver and Waiver for the 
models listed below are warranted.

Request

    Samsung requests that the alternate test procedure for 
refrigerators with multiple defrost cycles, as prescribed in the waiver 
(77 FR 1474) and in the interim waiver (77 FR 13109) granted to 
Samsung, be granted for the following basic Samsung refrigerator-
freezers with multiple defrost cycles models:

RF31FM*SB**
RF31FM*DB**
RF24FS*DB**

    Please feel free to contact me if you have any questions regarding 
this 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. 2013-04062 Filed 2-20-13; 8:45 am]
BILLING CODE 6450-01-P
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