Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 57139 

3 DOE notes that the CFR section UL cited in its 

petition addresses the requirements for determining 

the efficiency of electric motors. § 431.17(a) 

addresses general requirements applicable to all 

electric motors, and § 431.17(b) specifies sampling 

requirements applicable when a certification 

program is not used. 

distributors, private labelers, or vendors, 

on which NEMA stated that it agrees 

that UL is independent in that it is not 

under the control of any such entities, 

and that it does not view the fees UL 

charges for its certification services as 

presenting a conflict with this 

requirement. NEMA also pointed out 

that in its petition UL incorrectly cited 

to requirements for electric motors in 10 

CFR 431.17(a)(b), which are not 

applicable to small electric motors.3

(Comment response to the published 

Notice of Petition, No. 5, pp. 3–4) UL 

did not respond to these specific 

comments. 

Finally, NEMA made a number of 

general comments stating its opposition 

to the granting of UL’s petition on the 

grounds that DOE has not yet 

sufficiently established definitions and 

certification requirements applicable to 

small electric motors. Specifically, 

NEMA stated that because DOE has not 

yet established in Subpart X to Part 431 

definitions for the terms ‘‘certificate of 

conformity,’’ ‘‘certification program,’’ 

and ‘‘certification system’’ as exist in 

§ 431.12, DOE has not yet provided a 

basis on which to determine whether a 

particular certification program should 

be recognized. NEMA also pointed out 

that the UL referred to the petition as for 

‘‘electric motors’’ rather than for ‘‘small 

electric motors,’’ which could confuse 

the scope of UL’s authority. NEMA 

recommended that either UL correct this 

aspect of its petition or that DOE specify 

that the authority extends only to small 

electric motors. NEMA further stated 

that, while it opposes the granting of the 

petition for these reasons, it supports 

the recognition of independent entities 

to assist in testing and certification of 

small electric motors and opposes any 

action that may reduce the options for 

certification. In NEMA’s view, UL’s 

petition could be reasonably considered 

only after the previously stated issues 

are addressed. (Comment response to 

the published Notice of Petition, No. 5, 

pp. 2, 5) 

In reviewing NEMA’s comments on 

the UL petition, and UL’s responses to 

these comments, DOE finds no specific 

cause to reject UL’s request for 

recognition as a nationally recognized 

certification program for small electric 

motors. This determination is based 

primarily on DOE’s previous recognition 

of UL as a nationally recognized 

certification program for electric motors, 

the sampling and testing requirements 

for which are substantially the same. In 

regard to NEMA’s specific comments 

regarding the requirement for adherence 

to UL’s safety testing requirements and 

the proposed sampling requirements for 

small electric motors, DOE notes that 

these requirements are in addition to, 

and not in place of, the requirements for 

small electric motor testing and 

certification and do not represent a 

mandatory requirement from DOE’s 

perspective. As UL correctly noted, 

manufacturers may choose not to 

participate in its program, and pursue 

certification through another process 

that does not involve its prescribed 

safety testing or follow-up audit and 

verification testing. Thus, a certification 

program may have such requirements in 

place without conflicting with the basic 

DOE requirements for certification. DOE 

also notes that such requirements 

already exist in UL’s nationally 

recognized certification program for 

electric motors. 

With respect to NEMA’s general 

comment that the granting of UL’s 

petition at this time would be premature 

due to the absence of certain definitions 

in subpart X to 10 CFR part 431, while 

DOE understands that a need may exist 

for greater clarification of certain 

aspects of the testing and certification 

requirements applicable to small 

electric motors, the absence of these 

definitions in Subpart X does not in 

itself preclude DOE from classifying 

UL’s, or any other organization that 

presents sufficient documentation, 

pursuant to the requirements in 

§ 431.447, that demonstrates that its 

program is capable of meeting, at a 

minimum, the testing and certification 

requirements in §§ 431.444 and 431.445. 

To the extent DOE finds that any of the 

certification requirements for small 

electric motors are not sufficiently clear, 

DOE will seek to provide further 

specificity through a future rulemaking 

or through guidance, as appropriate. In 

any case, UL or any other certification 

program recognized by DOE pursuant to 

§ 431.448 must operate its certification 

program in conformance with any 

specific certifications requirements or 

guidance promulgated by DOE. 

DOE also notes that NEMA’s comment 

regarding the scope of UL’s petition is 

correct in that the applicable section for 

small electric motors is § 431.445 rather 

than the cited requirements in § 431.17. 

While DOE declines to reject UL’s 

petition solely on this basis, DOE 

confirms that the authority granted to 

UL under this interim determination 

extends only to testing and certification 

of small electric motors under subpart X 

of 10 CFR part 431. 

The Department hereby announces its 

interim determination pursuant to 10 

CFR 431.448(d) that UL is classified as 

a nationally recognized certification 

program for small electric motors, and 

will accept comments on this interim 

determination until October 17, 2013. 

Any person submitting written 

comments to DOE with respect to this 

interim determination must also, at the 

same time, send a copy of such 

comments to UL. As provided under 

§ 431.448(c), UL may submit to the 

Department a written response to any 

such comments. After receiving any 

such comments and responses, the 

Department will issue a final 

determination on the UL Petition, in 

accordance with § 431.448(e) of 10 CFR 

part 431. 

Issued in Washington, DC, on September 

11, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–22569 Filed 9–16–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–031] 

Decision and Order Granting a Waiver 

to Panasonic Appliances Refrigeration 

Systems Corporation of America 

Corporation (PAPRSA) From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of its decision 

and order (Case No. RF–031) granting 

Panasonic Appliances Refrigeration 

Systems Corporation of America 

(PAPRSA) a waiver from the DOE 

electric refrigerator and refrigeratorfreezer test procedures for determining 

the energy consumption of residential 

refrigerator-freezers for the basic models 

set forth in its petition for waiver. Under 

today’s decision and order, PAPRSA 

shall be required to test and rate its 

hybrid wine chiller/beverage center 

basic models using an alternate test 

procedure that requires PAPRSA to test 

the wine chiller compartment at 55 °F 

instead of the prescribed temperature of 

38 °F. PAPRSA shall also use the K 

factor (correction factor) value of 0.85 


tkelley on DSK3SPTVN1PROD with NOTICES
57140 Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 

1For editorial reasons, upon codification in the 

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

when calculating the energy 

consumption. 

DATES: This Decision and Order is 

effective September 17, 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.govmailto:. 

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 PAPRSA 

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 products, provided that PAPRSA 

tests and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

PAPRSA 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 September 

11, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: 

Panasonic Appliances Refrigeration 

Systems Corporation of America 

(Case No. RF–031) 

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. PAPRSA’s Petition for Waiver: 

Assertions and Determinations 

On April 29, 2013, PAPRSA 

submitted a petition for waiver and 

application for interim waiver (petition) 

from the test procedure applicable to 

residential electric refrigerators and 

refrigerator-freezers set forth in 10 CFR 

Part 430, subpart B, appendix A1. In its 

petition, PAPRSA seeks a waiver from 

the existing DOE test procedure 

applicable to refrigerators and 

refrigerator-freezers under 10 CFR Part 

430 for PAPRSA’s hybrid models that 

consist of single-cabinet 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 PAPRSA 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 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 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, PAPRSA 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 PAPRSA’s approach. 

III. Conclusion 

After careful consideration of all the 

material submitted by PAPRSA, it is 

ordered that: 

(1) The petition for waiver submitted 

by the Panasonic Appliances 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 57141 

1For editorial reasons, upon codification in the 

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

Refrigeration Systems Corporation of 

America (Case No. RF–031) is hereby 

granted as set forth in the paragraphs 

below. 

(2) PAPRSA shall be required to test 

and rate the following PAPRSA models 

according to the alternate test procedure 

set forth in paragraph (3) below. 

SR5180JBC 

JUB24FLARS0* 

JUB24FRARS0* 

JUB24FRACX0* 

(3) PAPRSA 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 

PAPRSA products listed in paragraph 

(2) only, 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. 

Therefore, the 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)]. 

(4) Representations. PAPRSA 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 PAPRSA’s April 

29, 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 

September 11, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and 

Renewable. Energy. 

[FR Doc. 2013–22582 Filed 9–16–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–032] 

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 October 17, 

2013. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–032,’’ 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–032) in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Office, 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 Office, 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 Office, 

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 


tkelley on DSK3SPTVN1PROD with NOTICES