Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices 65623 

ADDRESSES: Requests to provide oral 

comments at the public hearings may be 

made at the time of the hearing(s). 

Written comments on the Draft EIS 

may be provided on the CHPE EIS Web 

site at http://www.chpexpresseis.org 

(preferred) or addressed to Mr. Brian 

Mills: Office of Electricity Delivery and 

Energy Reliability (OE–20), U.S. 

Department of Energy, 1000 

Independence Avenue SW., 

Washington, DC 20585; via email to 

Brian.Mills@hq.doe.gov; or by facsimile 

to (202) 586–8008. Please mark 

envelopes and email subject lines as 

‘‘CHPE Draft EIS Comments.’’ 

The locations, dates, and starting 

times of the public hearings are listed in 

the table below: 

Location Date and time Address 

Courtyard Marriott LaGuardia (Queens) ............ Monday, November 18, 2013, 12:00 p.m ........ 9010 Ditmars Blvd. East Elmhurst, NY 11369. 

Stony Point Center ............................................. Monday, November 18, 2013, 6:00 p.m .......... 17 Cricketown Rd. Stony Point, NY 10980. 

Holiday Inn Schenectady ................................... Tuesday, November 19, 2013, 6:00 p.m ......... 100 Nott Terrace Schenectady, NY 12308. 

West Side Ballroom (Plattsburgh) ..................... Wednesday, November 20, 2013, 6:00 p.m .... 253 New York Rd. Plattsburgh, NY 12903. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brian Mills at the addresses above, or at 

202–586–8267. 

SUPPLEMENTARY INFORMATION: The 

public hearings will consist of the 

formal taking of comments with 

transcription by a court stenographer. 

The hearings will provide interested 

parties the opportunity to make 

comments for consideration in the 

preparation of the Final EIS. 

Availability of the Draft EIS Copies of 

the Draft EIS have been distributed to 

appropriate members of Congress, state 

and local government officials, 

American Indian tribal governments, 

and other Federal agencies, groups, and 

interested parties. Printed copies of the 

document may be obtained by 

contacting Mr. Mills at the above 

address. Copies of the Draft EIS and 

supporting documents are also available 

for inspection at the following locations: 

• Queens Library—Steinway, 21–45 31 

Street (Ditmars Boulevard), Long 

Island City, NY 11102 

• Yonkers Public Library—Riverfront 

Library, 1 Larkin Center, Yonkers, 

New York 10701 

• Rose Memorial Library, 79 East Main 

Street, Stony Point, NY 10980 

• Kingston Public Library, 55 Franklin 

Street, Kingston, NY 12401 

• Schenectady County Public Library, 

99 Clinton Street, Schenectady, NY 

12305 

• Crandall Public Library, 251 Glen 

Street, Glens Falls, NY 12801 

• Plattsburgh Public Library, 19 Oak 

Street, Plattsburgh, NY 12901 

The Draft EIS is also available on the 

EIS Web site at 

http://chpexpresseis.org and on the DOE 

NEPA Web site at http://nepa.

energy.gov/. 

Issued in Washington, DC, on October 28, 

2013. 

Patricia A. Hoffman, 

Principal Deputy Assistant Secretary, Office 

of Electricity Delivery and Energy Reliability. 

[FR Doc. 2013–26080 Filed 10–31–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–032] 

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–032 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 (77 FR 3559) 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 November 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Bryan Berringer, U.S. Department of 

Energy, Building Technologies Office, 

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 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). 


emcdonald on DSK67QTVN1PROD with NOTICES
65624 Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices 

1For editorial reasons, upon codification in the 

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

Issued in Washington, DC, on October 28, 

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–032) 

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 

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 August 2, 2013, Samsung 

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. 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 one manufacturers will 

be required to use in 2014 for products 

with long time or variable defrost. See 

77 FR 3559 (Jan. 25, 2012) (final rule). 

On January 27, 2011; July 19, 2011; 

December 14, 2011; December 11, 2012; 

and February 5, 2013, 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), 77 

FR 75428 (Dec. 20, 2012), June 14, 2013 

(78 FR 35901), and 78 FR 35898 (June 

14, 2013). 

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 that DOE 

finalized in January 2012. See 77 FR 

3359. Among other things, the notice to 

that final rule addressed comments 

received on the Samsung petitions that 

were the subject of the previous waiver, 

as well as the interim final rule that had 

previously been issued. See 75 FR 

78810 (Dec. 16, 2010). The alternate test 

procedure that 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 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, and 78 FR 35898. 

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 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 that was submitted by Samsung 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petitions for waiver submitted 

by the Samsung Electronics America, 

Inc. (Case No. RF–032) 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. 

RF28HM*LB** 

RF28HM*DB** 

RF28HF*DT** 

RF28HF*DB** 

RF23HC*DT** 

RF23HC*DB** 

RF25HM*DB** 

(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). 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices 65625 

1For editorial reasons, upon codification in the 

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

(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. 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 

August 2, 2013 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 October 28, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–26088 Filed 10–31–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–034] 

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. 

SUMMARY: This notice announces receipt 

of a petition for waiver from Samsung 

Electronics America, Inc. (Samsung) 

regarding 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 a final rule 

setting out testing requirements for 

manufacturers to follow starting in 

2014. 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 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 

Samsung Petition until December 2, 

2013. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–034,’’ 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–034) 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 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: 

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: 

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 refrigeratorfreezers is contained in 10 CFR part 430, 

subpart B, appendix A1. 

The regulations set forth in 10 CFR 

part 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). 


emcdonald on DSK67QTVN1PROD with NOTICES