Federal Register / Vol. 77, No. 159 / Thursday, August 16, 2012 / Notices 49443 

1For editorial reasons, upon codification in the 

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

Issued at Washington, DC, on August 13, 

2012. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2012–20124 Filed 8–15–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–022] 

Decision and Order Granting a Waiver 

to Sanyo 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–022) 

that grants Sanyo E&E Corporation 

(Sanyo) a waiver from the DOE electric 

refrigerator and refrigerator-freezer test 

procedures for determining the energy 

consumption of residential refrigeratorfreezers for the basic models set forth in 

its petition for waiver. Under today’s 

decision and order, Sanyo shall be 

required to test and rate its hybrid wine 

chiller/beverage center basic models 

using an alternate test procedure that 

requires Sanyo to test the wine chiller 

compartment at 55 °F instead of the 

prescribed temperature of 38 °F. 

DATES: This Decision and Order is 

effective August 16, 2012. 

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. 

Ms. Elizabeth Kohl, U.S. Department 

of Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103, (202) 586–7796, Email: 

Elizabeth.Kohl@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 Sanyo a 

waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedures found in 10 CFR part 430, 

subpart B, appendix A1 for certain basic 

models of hybrid wine chiller/beverage 

center, provided that Sanyo tests and 

rates such products using the alternate 

test procedure described in this notice. 

Today’s decision prohibits Sanyo 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 August 9, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: Sanyo E&E 

Corporation (Case No. RF–022). 

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 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 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. Sanyo’s Petition for Waiver: 

Assertions and Determinations 

On June 2, 2011, Sanyo submitted a 

petition for waiver and application for 

interim waiver (petition) from the test 

procedure applicable to residential 

electric refrigerators and refrigeratorfreezers set forth in 10 CFR Part 430, 

subpart B, appendix A1. In its petition, 

Sanyo seeks a waiver from the existing 

DOE test procedure applicable to 

refrigerators and refrigerator-freezers 

under 10 CFR Part 430 for Sanyo’s 

hybrid models that consist of singlecabinet units with a refrigerated 

beverage compartment in the top 

portion and a wine storage compartment 

in the bottom of the units. DOE issued 

guidance that clarified the test 

procedures to be used for hybrid 

products such as the Sanyo models at 

issue here: http://www1.eere.energy.gov/ 

buildings/appliance_standards/

residential/pdfs/refrigerator_definition_

faq.pdf. This guidance specifies that 

basic models such as the ones Sanyo 

identifies in its petition, which do not 

have a separate wine storage 

compartment with a separate exterior 

door, are to be tested according to the 

DOE test procedure in Appendix A1, 

with the temperatures specified therein. 

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49444 Federal Register / Vol. 77, No. 159 / Thursday, August 16, 2012 / Notices 

Sanyo asserts that the wine storage 

compartment cannot be tested at the 

prescribed temperature of 38 °F, because 

the minimum compartment temperature 

is 45 °F. Sanyo submitted an alternate 

test procedure to account for the energy 

consumption of its wine chiller/ 

beverage centers. That alternate 

procedure would test the wine chiller 

compartment at 55 °F, instead of the 

prescribed 38 °F. To justify the use of 

this standardized temperature for 

testing, Sanyo stated in its petition that 

it designed these models to provide an 

average temperature of 55 to 57 °F, 

which it determined is a commonly 

recommended temperature for wine 

storage, suggesting that this temperature 

is presumed to be representative of 

expected consumer use. 77 FR 19656. 

DOE notes that the test procedures for 

wine chillers adopted by the 

Association of Home Appliance 

Manufacturers (AHAM), California 

Energy Commission (CEC), and Natural 

Resources Canada all use a standardized 

compartment temperature of 55 °F for 

wine chiller compartments, which is 

consistent with Sanyo’s approach. 

III. Conclusion 

After careful consideration of all the 

material that was submitted by Sanyo, it 

is ordered that: 

(1) The petition for waiver submitted 

by the Sanyo E&E Corporation (Case No. 

RF–022) is hereby granted as set forth in 

the paragraphs below. 

(2) Sanyo shall be required to test and 

rate the following Sanyo models 

according to the alternate test procedure 

set forth in paragraph (3) below. 

JUB248LB 

JUB248RB 

JUB248LW 

JUB248RW 

KBCO24LS 

KBCS24LS 

KBCO24RS 

KBCS24RS 

MBCM24FW 

(3) Sanyo shall be required to test the 

products listed in paragraph (2) above 

according to the test procedures for 

electric refrigerator-freezers prescribed 

by DOE at 10 CFR part 430, Appendix 

A1, except that, for the Sanyo products 

listed in paragraph (2) only, test the 

wine chiller compartment at 55 °F, 

instead of the prescribed 38 °F. 

(4) Representations. Sanyo may make 

representations about the energy use of 

its hybrid wine chiller/beverage center 

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. 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 Sanyo’s June 2, 

2011 petition 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 August 9, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–20125 Filed 8–15–12; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Proposed Collection 

Renewal; Comment Request 

(3064–0152) 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice and request for comment. 

SUMMARY: The FDIC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on the renewal of an existing 

information collection, as required by 

the Paperwork Reduction Act of 1995 

(44 U.S.C. chapter 35). Currently, the 

FDIC is soliciting comment on renewal 

of the information collection described 

below. 

DATES: Comments must be submitted on 

or before October 15, 2012. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the FDIC by any of the following 

methods: 

• http://www.FDIC.gov/regulations/ 

laws/federal/notices.html. 

• Email: comments@fdic.gov Include 

the name of the collection in the subject 

line of the message. 

• Mail: Gary A. Kuiper 

(202.898.3877), Counsel, Room NYA– 

5046, Federal Deposit Insurance 

Corporation, 550 17th Street NW., 

Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand-delivered to the guard station at 

the rear of the 17th Street Building 

(located on F Street), on business days 

between 7 a.m. and 5 p.m. 

All comments should refer to the 

relevant OMB control number. A copy 

of the comments may also be submitted 

to the OMB desk officer for the FDIC: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office Building, 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: Gary 

A. Kuiper, at the FDIC address above. 

SUPPLEMENTARY INFORMATION: 

Proposal to renew the following 

currently-approved collection of 

information: 

Affected Public: Individuals; 

Businesses or other for-profit. 

Estimated Number of Respondents: 

4546. 

Estimated Time per Response: 16 

hours. 

Estimated Total Annual Burden: 

72,736 hours. 

General Description of the Collection: 

12 CFR 334.82, 334.90, 334.91 and 

Appendix J to Part 334 implement 

sections 114 and 315 of the Fair and 

Accurate Credit Transactions Act of 

2003 (FACT Act), Public Law 108–159 

(2003). Section 114 amended section 

615 of the Fair Credit Reporting Act 

(FCRA) to require the OCC, FRB, FDIC, 

OTS, NCUA, and FTC (Agencies) to 

issue jointly (i) Guidelines for financial 

institutions and creditors regarding 

identity theft with respect to their 

account holders and customers; (ii) 

regulations requiring each financial 

institution and creditor to establish 

reasonable policies and procedures for 

implementing the guidelines to identify 

possible risks to account holders or 

customers or to the safety and 

soundness of the institution or creditor; 

and (iii) regulations generally requiring 

credit and debit card issuers to assess 

the validity of change of address 

requests under certain circumstances. 

Section 315 amended section 605 of the 

FCRA to require the Agencies to issue 

regulations providing guidance 

regarding reasonable policies and 

procedures that a user of consumer 

reports must employ when a user 

receives a notice of address discrepancy 

from a consumer reporting agency 

(CRA). The information collections in 

Sec. 334.90 require each financial 

institution and creditor that offers or 

maintains one or more covered accounts 

to develop and implement a written 

Identity Theft Prevention Program 

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