35894 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: (a) If you apply for a 

grant under this competition, you must 

ensure that you have in place the 

necessary processes and systems to 

comply with the reporting requirements 

in 2 CFR part 170 should you receive 

funding under the competition. This 

does not apply if you have an exception 

under 2 CFR 170.110(b). 

(b) At the end of your project period, 

you must submit a final performance 

report, including financial information, 

as directed by the Secretary. If you 

receive a multi-year award, you must 

submit an annual performance report 

that provides the most current 

performance and financial expenditure 

information as directed by the Secretary 

under 34 CFR 75.118. The Secretary 

may also require more frequent 

performance reports under 34 CFR 

75.720(c). For specific requirements on 

reporting, please go to www.ed.gov/ 

fund/grant/apply/appforms/ 

appforms.html. 

4. Performance Measures: To evaluate 

the overall success of its research 

program, NIDRR assesses the quality of 

its funded projects through a review of 

grantee performance and products. Each 

year, NIDRR examines a portion of its 

grantees to determine: 

• The number of products (e.g., new 

or improved tools, methods, discoveries, 

standards, interventions, programs, or 

devices) developed or tested with 

NIDRR funding that have been judged 

by expert panels to be of high quality 

and to advance the field. 

• The average number of publications 

per award based on NIDRR-funded 

research and development activities in 

refereed journals. 

• The percentage of new NIDRR 

grants that assess the effectiveness of 

interventions, programs, and devices 

using rigorous methods. 

• The number of new or improved 

NIDRR-funded assistive and universally 

designed technologies, products, and 

devices transferred to industry for 

potential commercialization. 

NIDRR uses information submitted by 

grantees as part of their Annual 

Performance Reports for these reviews. 

Department of Education program 

performance reports, which include 

information on NIDRR programs, are 

available on the Department’s Web site: 

www.ed.gov/about/offices/list/opepd/ 

sas/index.html. 

5. Continuation Awards: In making a 

continuation award, the Secretary may 

consider, under 34 CFR 75.253, the 

extent to which a grantee has made 

‘‘substantial progress toward meeting 

the objectives in its approved 

application.’’ This consideration 

includes the review of a grantee’s 

progress in meeting the targets and 

projected outcomes in its approved 

application, and whether the grantee 

has expended funds in a manner that is 

consistent with its approved application 

and budget. In making a continuation 

grant, the Secretary also considers 

whether the grantee is operating in 

compliance with the assurances in its 

approved application, including those 

applicable to Federal civil rights laws 

that prohibit discrimination in programs 

or activities receiving Federal financial 

assistance from the Department (34 CFR 

100.4, 104.5, 106.4, 108.8, and 110.23). 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: 

Marlene Spencer, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5133, PCP, Washington, DC 

20202–2700. Telephone: (202) 245–7532 

or by email: marlene.spencer@ed.gov. 

If you use a TDD or a TTY call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) by 

contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD or a TTY call the 

FRS, toll-free, at 1–800–877–8339. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: Agenda: At this site you can view 

this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: June 11, 2013. 

Michael K. Yudin, 

Delegated the authority to perform the 

functions and the duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–14220 Filed 6–13–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–031] 

Notice of Petition for Waiver of 

Panasonic Appliances Refrigeration 

Systems Corporation of America 

Corporation (PAPRSA) 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 Granting Application for 

Interim Waiver, and Request for Public 

Comments. 

SUMMARY: This notice announces receipt 

of a petition for waiver from Panasonic 

Appliances Refrigeration Systems 

Corporation of America (PAPRSA) 

seeking an exemption from specified 

portions of the U.S. Department of 

Energy (DOE) test procedure for 

determining the energy consumption of 

electric refrigerators and refrigeratorfreezers. PAPRSA’s request pertains to 

the specific hybrid wine chiller/ 

beverage center basic models set forth in 

its petition. PAPRSA seeks permission 

to use an alternate test procedure to test 

the wine chiller compartment of these 

devices at 55 °F instead of the 

prescribed temperature of 38 °F. That 

procedure would apply a K factor 

(correction factor) value of 0.85 when 

calculating the energy consumption of a 

tested model and replace the energy 

consumption calculation currently 

required under 10 CFR Part 430, 

Appendix A1. DOE solicits comments, 

data, and information concerning 

PAPRSA’s petition and the suggested 

alternate test procedure. Today’s notice 

also grants PAPRSA with an interim 

waiver from the electric refrigeratorfreezer 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 

PAPRSA Petition until July 15, 2013. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 35895 

1For editorial reasons, upon codification in the 

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

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–031,’’ 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– 

031] 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. 

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 rulemakings regarding 

similar refrigerator-freezers. 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: 

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.govmailto:. 

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 

electric refrigerators and electric 

refrigerator-freezers is contained in 10 

CFR part 430, subpart B, appendix A1. 

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 

On April 29, 2013, PAPRSA 

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. In its petition, 

PAPRSA has set forth an alternate test 

procedure and notes in support of its 

petition that DOE previously granted 

Sanyo E&E Corporation (Sanyo) a 

similar waiver pertaining to its wine 

chiller/beverage centers. See 77 FR 

19654 (April 2, 2012) (petition for 

waiver) and 77 FR 49443 (August 16, 

2012) (Decision and Order). The petition 

also notes that Sanyo E&E Corporation 

has since changed its corporate name to 

Panasonic Appliances Refrigeration 

Systems Corporation of America, 

meaning that it is the same 

manufacturer to which DOE granted the 

August 2012 waiver. On October 4, 

2012, DOE issued a correction notice to 

the Decision and Order. That notice 

incorporated a K factor (correction 

factor) value of 0.85 when calculating 

the energy consumption of a tested 

model (77 FR 60688). PAPRSA is 

requesting a waiver with respect to the 

test procedures for its hybrid models 

that consist of a single cabinet equipped 

with a refrigerated beverage 

compartment in the top portion and a 

wine storage compartment in the bottom 

portion of each unit. DOE issued 

guidance that clarified the test 

procedures to be used for hybrid 

products such as the PAPRSA models at 

issue, which is available at the 

following link: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/pdfs/ 

refrigerator_definition_faq.pdf. This 

guidance specifies that basic models 

such as the ones PAPRSA 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. PAPRSA asserts that 

the wine storage compartment cannot be 

tested at the prescribed temperature of 

38 °F, because the minimum 

compartment temperature is 45 °F. 

PAPRSA 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. 

See 10 CFR 430.27(g). 

For the reasons discussed above, DOE 

has determined that use of the currently 

required DOE test procedure would 

provide test results so unrepresentative 

mstockstill on DSK4VPTVN1PROD with NOTICES

35896 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 

2Effective April 1, 2013, SANYO E&E 

Corporation changed its corporate name to 

Panasonic Appliances Refrigeration Systems 

Corporation of America. Throughout this Petition, 

PAPRSA will be used to refer to both SANYO E&E 

Corporation and Panasonic Appliances 

Refrigeration Systems Corporation of America, 

unless otherwise indicated. 

3At present, PAPRSA intends to market three 

derivative individual models based on basic hybrid 

model SR5180JBC that have variances in their 

cosmetic features: JUB24FLARS0 *, 

JUB24FRARS0 *, and JUB24FRACX0 *. To the 

extent this Petition is granted, PAPRSA may 

develop additional derivative individual models 

based on basic hybrid model SR5180JBC in the 

future. 

as to provide materially inaccurate 

comparative data. Therefore, it appears 

likely that PAPRSA’s petition for waiver 

will be granted. For these same reasons, 

DOE has also determined that it is 

desirable for public policy reasons to 

grant PAPRSA immediate relief pending 

a determination of the petition for 

waiver. DOE grants PAPRSA’s 

application for interim waiver from 

testing of its hybrid wine chiller/ 

beverage center basic models. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by PAPRSA is hereby granted for 

PAPRSA’s hybrid wine chiller/beverage 

center basic product lines are subject to 

the following specifications and 

conditions below. PAPRSA shall be 

required to test and rate its hybrid wine 

chiller/beverage center product line 

according to the alternate test procedure 

as set forth in section III, ‘‘Alternate test 

procedure.’’ 

The following basic models are 

included in PAPRSA’s petition: 

SR5180JBC 

JUB24FLARS0* 

JUB24FRARS0* 

JUB24FRACX0* 

DOE makes decisions on waivers for 

only those models specifically set out in 

the petition, not future models that may 

be manufactured by the petitioner. 

PAPRSA may submit a subsequent 

petition for waiver for additional 

models of electric refrigerators and 

refrigerator-freezers for which it seeks a 

waiver from the DOE test procedure. In 

addition, DOE notes that the grant of a 

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 

PAPRSA 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. PAPRSA shall also use 

the K factor (correction factor) value of 

0.85 when calculating the energy 

consumption of one of the models listed 

above and replace energy consumption 

calculation of appendix A1 with the 

following: 

Energy consumption is defined by the 

higher of the two values calculated by 

the following two formulas (according 

to 10 CFR part 430, subpart B, Appendix 

A1): 

Energy consumption of the wine 

compartment: 

EWine = (ET1 + [(ET2¥ET1) × (55 

°F¥TW1)/(TW2¥TW1)]) * 0.85 

Energy consumption of the 

refrigerated beverage compartment: 

EBeverage Compartment = ET1 + 

[(ET2¥ET1) × (38 °F¥TBC1)/ 

(TBC2¥TBC1)]. 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE grants 

PAPRSA an interim waiver from the 

specified portions of the test procedure 

applicable to PAPRSA’s line of hybrid 

wine chiller/beverage center basic and 

announces receipt of PAPRSA’s petition 

for waiver from those same portions of 

the test procedure. DOE is publishing 

PAPRSA’s petition for waiver in its 

entirety. The petition contains no 

confidential information. The petition 

includes a suggested alternate test 

procedure to determine the energy 

consumption of PAPRSA’s specified 

hybrid refrigerators. PAPRSA 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. 

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(d), 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: Adam D. Bowser, 

ARENT FOX LLP, 1717 K St. NW., 

Washington, DC 20036–5369, (202) 857– 

6450. 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 June 7, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

BEFORE THE U.S. DEPARTMENT OF 

ENERGY 

Washington, DC 20585 

In the Matter of: 

Panasonic Appliances Refrigeration Systems 

Corporation of America, 

Petitioner 

Case Number: lllllll 

PETITION FOR WAIVER AND 

APPLICATION FOR INTERIM WAIVER 

Panasonic Appliances Refrigeration 

Systems Corporation of America (‘‘PAPRSA’’) 

respectfully submits this Petition for Waiver 

and Application for Interim Waiver 

(‘‘Petition’’) pursuant to 10 C.F.R. § 430.27 on 

the ground that its hybrid wine chiller/ 

beverage center model (‘‘hybrid model’’) 

listed below contains one or more design 

characteristics that prevent testing of the 

basic model according to the test procedures 

prescribed in 10 C.F.R. § 430, subpart B, 

appendix A1. As detailed more fully below, 

the Department of Energy (‘‘DOE’’) has 

previously granted PAPRSA’s corporate 

predecessor, SANYO E&E Corp.,2 a waiver 

from DOE’s electric refrigerator and 

refrigerator-freezer test procedures for 

determining the energy consumption of 

substantially similar hybrid models in Case 

No. RF–022 (the ‘‘waiver hybrid models’’). 

PAPRSA has developed a new basic hybrid 

model, SR5180JBC, that contains the same 

design characteristics as its waiver hybrid 

models that make it impossible to certify, 

rate, and sell this new hybrid model under 

the existing testing procedures.3 PAPRSA 

therefore respectfully requests that it be 

permitted to employ the alternative testing 

method for this new basic hybrid model that 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 35897 

4PAPRSA cannot guarantee that its search 

disclosed every possible competing model, as 

PAPRSA ordinarily does not search for and retain 

this information in the normal course of business, 

but to the best of PAPRSA’s knowledge, certain GE 

hybrid models appear to be the closest substitutes 

to SANYO E&E’s hybrid models in terms of both 

functionality and design characteristics. However, 

GE represents in its product manuals that its hybrid 

models, specifically, ZDBC240, ZDBT240, 

ZDBR240, and ZDBI240, do not achieve 

temperatures below 40 °F and thus would not be 

considered a covered product under DOE 

regulations. PAPRSA is uncertain if GE means that 

the average temperature of the entire cabinet does 

not drop below 40 °F, which is the case with all 

PAPRSA’s hybrid models, or whether GE is 

representing that no portion of its single-cabinet 

models can achieve temperatures below 40 °F. 

Based on this uncertainty, PAPRSA excluded GE 

from this section. PAPRSA’s research did not reveal 

any other basic models that, after review of the 

design characteristics, were comparable to 

PAPRSA’s hybrid models. 

5Available at http://www.gc.energy.gov/

documents/LargeCapacityRCW_guidance_122210.

pdf. 

has already been approved by DOE for the 

waiver hybrid models. 

1. Existing Waiver Background and Product 

Characteristics of PAPRSA’s Hybrid Models 

On June 2, 2011, PAPRSA submitted a 

petition for waiver with respect to the test 

procedures for its waiver hybrid models that 

consist of a combination of a refrigerated 

‘‘beverage’’ compartment in the top portion 

of these single-cabinet units and a wine 

storage compartment on the bottom of the 

units, and for which an alternative testing 

procedure was necessary in order to certify, 

rate, and sell such models. The waiver hybrid 

models include the following models: 

JUB248LB, JUB248RB, JUB248LW, 

JUB248RW, KBCO24LS, KBCS24LS, 

KBCO24RS, KBCS24RS, and MBCM24FW. 

As PAPRSA previously explained, 

PAPRSA designed the wine storage 

compartments of its waiver hybrid models to 

operate between a minimum temperature of 

45 °F and a maximum temperature of 64 °F, 

with an average temperature of 55 to 57 °F. 

In fact, heaters are used to ensure that the 

temperature in the wine storage compartment 

never drops below 45 °F, as wines chilled 

below this temperature risk becoming 

crystallized and, therefore, ruined. Currently, 

however, DOE’s testing procedures contained 

in 10 C.F.R. § 430, subpart B, appendix A1, 

mandate that energy consumption be 

measured when the compartment 

temperature is set at 38 °F. Based on the 

design characteristics of its waiver hybrid 

models noted above, however, PAPRSA 

needed a waiver with respect to DOE’s 

testing procedures in order to properly 

‘‘certify, rate, and sell such models,’’ because 

the existing test procedures contained in 10 

C.F.R. § 430, subpart B, appendix A1, do not 

contemplate a product that is designed to be 

incapable of achieving a temperature below 

45 °F. 

On April 2, 2012, DOE published 

PAPRSA’s previous petition for waiver and 

sought public comment, and DOE 

subsequently extended the deadline for 

comments after PAPRSA submitted a request 

for extension to clarify the scope of its 

original petition for waiver. See Federal 

Register, Vol. 77, No. 96, 29331–29333. No 

comments were filed opposing the relief 

requested in PAPRSA’s petition for waiver. 

On August 9, 2012, DOE granted PAPRSA 

a waiver from DOE’s electric refrigerator and 

refrigerator-freezer test procedures for 

determining the energy consumption of the 

basic models listed in its June 2, 2011 

petition for waiver. See Federal Register, 

Vol. 77, No. 159, 49443–44. In permitting 

PAPRSA to test the wine chiller 

compartment at 55 °F, DOE noted ‘‘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 

[PAPRSA’s] approach.’’ Id. at 49444. 

On September 26, 2012, DOE issued a 

correction to its August 9, 2012 order that 

incorporated the K factor (correction factor) 

value of .85 that PAPRSA should utilize 

when calculating the energy consumption of 

its waiver hybrid models. See Federal 

Register, Vol. 77, No. 193, 60688–89. 

Accordingly, DOE ultimately directed 

PAPRSA to utilize the following test 

procedure for its waiver hybrid models: 

Energy consumption is defined by the higher 

of the two values calculated by the following 

two formulas (according to 10 CFR part 430, 

subpart B, Appendix A1): 

Energy consumption of the wine 

compartment: 

EWine = (ET1 + [(ET2–ET1) × (55 °F–TW1)/ 

(TW2–TW1)]) * 0.85 

Energy consumption of the refrigerated 

beverage compartment: 

EBeverage Compartment= ET1 + [(ET2–ET1) 

× (38 °F–TBC1)/(TBC2–TBC1)]. 

See Federal Register, Vol. 77, No. 193 at 

60689. 

2. Request to Test, Certify and Rate New 

Basic Model SR5180JBC Under Previously 

Approved Alternative Testing Procedure 

As indicated above, PAPRSA has 

developed a new basic hybrid model, 

SR5180JBC, that shares the same design 

characteristics that led DOE to approve 

PAPRSA’s June 2, 2011 petition for waiver. 

SR5180JBC is a single cabinet hybrid model 

that would be classified as a compact 

refrigerator with automatic defrost without 

through-the-door ice service, but which has 

a wine-chiller compartment designed for an 

average temperature of 55 to 57 °F. Just as 

PAPRSA’s waiver hybrid models, SR5180JBC 

contains a heater that makes it impossible for 

the temperature of the wine-chiller 

compartment to reach a temperature below 

45 °F. Thus, testing SR5180JBC at 38 °F is 

simply not possible and not representative of 

the energy consumption characteristics of 

this new basic hybrid model. 

Further, SR5180JBC, just as PAPRSA’s 

waiver hybrid models, will have a dooropening usage aligned with household 

freezers, thus 0.85 should also be the 

employed K factor (correction factor) for this 

basic hybrid model. See Appendix B1 to 

Subpart 430, 5.2.1.1, because Subpart 430 

does not recognize wine chiller as a category. 

In short, there are no material differences 

between SR5180JBC and PAPRSA’s waiver 

hybrid models as it impacts this Petition. 

While SR5180JBC has a total adjusted 

volume of 4.7 cubic feet (instead of the 

slightly higher volumes of the waiver hybrid 

models) that would be used in calculating the 

theoretical maximum allowable annual 

energy consumption for this basic hybrid 

model, the design characteristics of 

SR5180JBC are the same as PAPRSA’s waiver 

hybrid models that led DOE to allow 

PAPRSA to use the following testing 

procedure: 

Energy consumption is defined by the higher 

of the two values calculated by the following 

two formulas (according to 10 CFR part 430, 

subpart B, Appendix A1): 

Energy consumption of the wine 

compartment: 

EWine = (ET1 + [(ET2–ET1) × (55 °F–TW1)/ 

(TW2–TW1)]) * 0.85 

Energy consumption of the refrigerated 

beverage compartment: 

EBeverage Compartment= ET1 + [(ET2–ET1) 

× (38 °F–TBC1)/(TBC2–TBC1)]. 

Accordingly, PAPRSA respectfully 

requests that it be permitted to use this 

approved alternative testing method to test, 

certify and rate new basic hybrid model 

SR5180JBC in the same manner as its waiver 

hybrid models subject to the existing waiver. 

3. Manufacturers of Other Basic Models 

Marketed in the United States Known to 

Incorporate Similar Design Characteristics 

After reviewing publicly available product 

manuals of comparable hybrid models, 

PAPRSA was unable to locate a basic model 

marketed in the United States that 

incorporates similar design characteristics 

and that also would be considered a ‘‘covered 

product’’ under Section 430.62 of DOE’s 

rules.4

4. Grounds for Interim Waiver 

Pursuant to 10 CFR part 430.27(b)(2), 

applicants for an interim waiver should 

address the likely success of their petition 

and what economic hardships and/or 

competitive disadvantages are likely to arise 

absent the grant of an interim waiver. 

As detailed above, it is highly likely that 

DOE will grant this Petition, as PAPRSA is 

simply seeking to test a new basic hybrid 

model under the alternative testing 

procedure already approved by DOE for 

PAPRSA’s other hybrid models subject to the 

existing waiver. SR5180JBC contains no 

materially different design characteristics 

that should warrant a different result. 

Further, as DOE has previously stated, 

‘‘[f]ully recognizing that product 

development occurs faster than the test 

procedure rulemaking process, the 

Department’s rules permit manufacturers of 

models not contemplated by the test 

procedures . . . to petition for a test 

procedure waiver in order to certify, rate, and 

sell such models.’’ GC Enforcement Guidance 

on the Application of Waivers and on the 

Waiver Process at 2 (rel. Dec. 23, 2010); 5 see 

also DOE FAQ Guidance Regarding Coverage 

of Wine Chillers, Etc. in the R/F Standard/ 

mstockstill on DSK4VPTVN1PROD with NOTICES

35898 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 

1For editorial reasons, upon codification in the 

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

Test Procedure at 2 (rel. Feb. 10, 2011) (‘‘DOE 

recognizes the potential disparity in 

treatment among these hybrid products. As 

DOE indicated . . . , the Department plans to 

engage in a future rulemaking to more 

comprehensively address these types of 

products.’’). 

As noted in Section 3 above, certain 

manufacturers design comparable hybrid 

models so that the beverage center 

compartment does not reach below 40 °F, 

and thus are not covered products under 

DOE’s regulations. Unless PAPRSA is granted 

an interim waiver, it will be at a competitive 

disadvantage by being unable to introduce 

new basic hybrid models to compete with 

manufacturers that design their hybrid 

models in a manner that falls outside of 

DOE’s jurisdiction. 

Thus, given that this Petition is likely to be 

granted and PAPRSA will face economic 

hardship unless an interim waiver is granted, 

permitting PAPRSA to immediately certify 

new basic hybrid model SR5180JBC under 

the alternative testing method already 

approved by DOE is in the public interest. 

Respectfully submitted, 

/s/ lllllllllllllllllll

Alan G. Fishel 

Adam D. Bowser 

Arent Fox LLP 

1717 K St. NW. 

Washington, DC 20036–5369 

(202) 857–6450 

fishel.alan@arentfox.com 

bowser.adam@arentfox.com 

Counsel for Panasonic Appliances 

Refrigeration Systems Corporation of 

America 

April 29, 2013 

[FR Doc. 2013–14163 Filed 6–13–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–027] 

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–027 that 

grants to Samsung Electronics America, 

Inc. (Samsung) 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 

25, 2012 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 June 14, 2013. 

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 

a waiver from the applicable residential 

refrigerator and refrigerator-freezer 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 June 7, 2013. 

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–027) 

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 

which 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 

mstockstill on DSK4VPTVN1PROD with NOTICES