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

Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 35899 

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 February 5, 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 test procedure 

provisions for products with long time 

or variable defrost DOE published in a 

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

On January 27, July 19, and December 

14, 2011, Samsung had submitted 

similar petitions for waiver and requests 

for interim waiver for other basic 

models of refrigerator-freezers that 

incorporate multiple defrost cycles. 

DOE subsequently granted a waiver for 

the products specified in these 

petitions. 77 FR 1474 (Jan. 10, 2012) and 

77 FR 75428 (Dec. 20, 2012). 

Samsung’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 and 77 FR 

75428. 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–027) are hereby 

granted as set forth in the paragraphsin 

this section. 

(2) Samsung shall be required to test 

and rate the following Samsung model 

according to the alternate test procedure 

set forth in paragraph (3) of this section. 

* * * * * 

(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). 

(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 

February 5, 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 June 7, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–14169 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–026] 

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 the 

decision and order (Case No. RF–026) 

that grants to Samsung Electronics 

America, Inc. (Samsung) a waiver from 

the DOE electric refrigerator and 

refrigerator-freezer test procedures for 

the basic models set forth in its petition 

for waiver. In its petition, Samsung 

provides an alternate test procedure to 

address the difficulties in testing dual 

compressor systems using the currently 

applicable DOE test procedure. Under 

today’s decision and order, Samsung 

shall be required to test and rate these 

refrigerator-freezers using an alternate 

test procedure that takes dual 

compressors into account 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 

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