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[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15941-15945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05767]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-026]

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 granting application 
for interim waiver, and request for public comments.

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SUMMARY: This notice announces receipt of a petition for waiver from 
Samsung Electronics America, Inc. (Samsung) 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 refrigerator-freezers. Samsung asks that it be 
permitted to use an alternate test procedure to address the 
difficulties in testing dual compressor systems according to the 
currently applicable DOE test procedure. DOE solicits comments, data, 
and information concerning Samsung's petition and the suggested 
alternate test procedure. Today's notice also grants Samsung with an 
interim waiver from the electric refrigerator-freezer test procedure, 
subject to use of the alternative test procedure set forth in this 
notice. The waiver request pertains to the basic models set forth in 
Samsung's petition that incorporate dual compressors.

DATES: DOE will accept comments, data, and information with respect to 
the Samsung Petition until April 12, 2013.

ADDRESSES: You may submit comments, identified by case number ``RF-
026,'' 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-026] 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,

[[Page 15942]]

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.
Ms. Elizabeth Kohl, 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) 586-7796. Email: 
Elizabeth.Kohl@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 that 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.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    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 January 7, 2013, Samsung submitted a petition for waiver from 
the test procedure applicable to residential electric refrigerators and 
refrigerator-freezers set forth in 10 CFR part 430, subpart B, appendix 
A1. Samsung is seeking a waiver because it is developing new 
refrigerator-freezers that incorporate a dual-compressor design that is 
not contemplated under DOE's test procedure. In its petition, Samsung 
seeks a waiver from the existing DOE test procedure applicable to 
refrigerators and refrigerator-freezers under 10 CFR part 430 for the 
company's dual-compressor products. In its petition, Samsung has set 
forth an alternate test procedure and notes in support of its petition 
that DOE has already granted Sub-Zero a similar waiver pertaining to 
the use of dual compressor-equipped refrigerators. See 76 FR 71335 
(November 17, 2011) (interim waiver) and 77 FR 5784 (February 6, 2012) 
(Decision and Order). DOE has also granted an interim waiver to LG. See 
77 FR 44603 (July 30, 2012). While Samsung has acknowledged that its 
products have some differences from the ones addressed by the Sub-Zero 
waiver, Samsung asserts that the procedure outlined in that waiver will 
be compatible with its product. In addition, Samsung requests that it 
be permitted to use the alternate test procedure that DOE has already 
permitted Sub-Zero and LG to use in response to similar waiver requests 
pertaining to the testing of refrigerator-freezers that use shared dual 
compressors, with minor modification suggested below:

    Before: 5.2.1.4 Dual Compressor Systems with dual Automatic 
Defrost
    With Minor Change: 5.2.1.4 Dual Compressor Systems with 
Automatic Defrost (i=1 is mono, i=2 is dual)

    Samsung 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).
    DOE has determined that Samsung's application for interim waiver 
does not provide sufficient market, equipment price, shipments and 
other manufacturer impact information to permit DOE to evaluate the 
economic hardship Samsung might experience absent a favorable 
determination on its application for interim waiver. DOE recognizes, 
however, that the DOE test procedure for dual compressor systems 
primarily addresses independent, sealed systems, which differ from the 
shared system used by the models listed in Samsung's petition. As a 
result, it is not possible to test these products using the DOE test 
procedure, and use of the test procedure would provide test results so 
unrepresentative as to provide materially inaccurate comparative data. 
DOE reviewed the alternate procedure and determined that it will 
alleviate the testing problems associated with Samsung's implementation 
of a dual compressor system. Therefore, it appears likely that 
Samsung's petition for waiver will be granted. Previously, DOE granted 
Sub-Zero a similar waiver pertaining to the use of dual

[[Page 15943]]

compressor-equipped refrigerators. See 76 FR 71335 (November 17, 2011) 
(interim waiver) and 77 FR 5784 (February 6, 2012) (Decision and 
Order). DOE has also granted an interim waiver to LG. See 77 FR 44603 
(July 30, 2012).
    For the reasons stated above, DOE grants Samsung's application for 
interim waiver from testing of its refrigerator-freezer product line 
containing dual compressors. Therefore, it is ordered that:
    The application for interim waiver filed by Samsung is hereby 
granted for Samsung's refrigerator-freezer product lines that 
incorporate dual compressors subject to the following specifications 
and conditions below. Samsung shall be required to test and rate its 
refrigerator-freezer product line containing dual compressors according 
to the alternate test procedure as set forth in section III, 
``Alternate test procedure.''
    The interim waiver applies to the following basic model groups:

    RF32FM
* * * * *

    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. Samsung may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of refrigerator-freezers for which 
it seeks a waiver from the DOE test procedure. In addition, DOE notes 
that granting of an interim waiver or 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

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 430.27, DOE 
will consider setting an alternate test procedure for Samsung in a 
subsequent Decision and Order.
    During the period of the interim waiver granted in this notice, 
Samsung shall test the products listed above according to the test 
procedures for residential electric refrigerator-freezers prescribed by 
DOE at 10 CFR part 430, subpart B, appendix A1, except that, for the 
Samsung products listed above only, include:
    5.2.1.4 Dual Compressor Systems with Automatic Defrost (i=1 is 
mono, i=2 is dual). The two-part test method in section 4.2.1 must be 
used, and the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TN13MR13.002

Where:

1440 = number of minutes in a day
ET is the test cycle energy (kWh/day);
i is a variable that can equal to 1, 2 or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
D is the total number of distinct defrost cycle types;
EP1 is the dual compressor energy expended during the first part of 
the test (it is calculated for a whole number of freezer compressor 
cycles at least 24 hours in duration and may be the summation of 
several running periods that do not include any precool, defrost, or 
recovery periods);
T1 is the length of time for EP1 (minutes);
EP2i is the total energy consumed during the second (defrost) part 
of the test being conducted for compartment i. (kWh);
T2i is the length of time (minutes) for the second (defrost) part of 
the test being conducted for compartment i.
CTi is the freezer compressor run time between instances of defrost 
cycle type i. CTi for compartment i with long time automatic defrost 
system is calculated as per 10 CFR part 430, subpart B, appendix A1 
clause 5.2.1.2. CTi for compartment i with variable defrost system 
is calculated as per 10 CFR part 430 subpart B appendix A1 clause 
5.2.1.3. (hours rounded to the nearest tenth of an hour).

    Stabilization:
    The test shall start after a minimum 24 hours stabilization run 
for each temperature control setting.
    Steady State for EP1:
    The temperature average for the first and last compressor cycle 
of the test period must be within 1.0 [degrees] F (0.6 [degrees] C) 
of the test period temperature average for each compartment. Make 
this determination for the fresh food compartment for the fresh food 
compressor cycles closest to the start and end of the test period. 
If multiple segments are used for test period 1, each segment must 
comply with above requirement.
    Steady State for EP2i:
    The second (defrost) part of the test must be preceded and 
followed by regular compressor cycles. The temperature average for 
the first and last compressor cycle of the test period must be 
within 1.0 [degrees] F (0.6 [degrees] C) of the EP1 test period 
temperature average for each compartment.
    Test Period for EP2i, T2i:
    EP2i includes precool, defrost, and recovery time for 
compartment i, as well as sufficient dual compressor steady state 
run cycles to allow T2i to be at least 24 hours. The test period 
shall start at the end of a regular freezer compressor on-cycle 
after the previous defrost occurrence (refrigerator or freezer). The 
test period also includes the target defrost and following regular 
freezer compressor cycles, ending at the end of a regular freezer 
compressor on-cycle before the next defrost occurrence (refrigerator 
or freezer). If the previous condition does not meet 24 hours time, 
additional EP1 steady state segment data could be included. Steady 
state run cycle data can be utilized in EP1 and EP2i.
    Test Measurement Frequency Measurements shall be taken at 
regular interval not exceeding 1 minute.
[End of 5.2.1.4]

IV. Summary and Request for Comments

    Through today's notice, DOE grants Samsung an interim waiver from 
the specified portions of the test procedure applicable to Samsung's 
line of refrigerator-freezers with dual compressors and announces 
receipt of Samsung's petition for waiver from those same portions of 
the test procedure. DOE publishes Samsung's petition for waiver 
pursuant to 10 CFR 430.27(b)(1)(iv). The petition includes a suggested 
alternate test procedure to determine the energy consumption of 
Samsung's specified refrigerator-freezers with dual compressors. 
Samsung is required to follow this alternate

[[Page 15944]]

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(b)(1)(iv), 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: Michael Moss, Director of Corporate Environmental Affairs, Samsung 
Electronics America, Inc., 19 Chapin Road, Building D, Pine Brook, NJ 
07058. 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).

    Issued in Washington, DC, on March 7, 2013.
 Kathleen B. Hogan,
 Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
January 7, 2013

The Honorable David Danielson
Assistant Secretary, Energy Efficiency and Renewable Energy
United States Department of Energy
Mail Station EE-1
Forrestal Building
1000 Independence Avenue SW
Washington, DC 20585

Dear Assistant Secretary Danielson:

    Samsung Electronics America, Inc. (``Samsung'') respectfully 
submits the Application for Petition for Waiver and Application for 
Interim Waiver to the Department of Energy (``DOE'' or ``the 
Department'') regards to Samsung's residential refrigerator-freezers 
that use shared dual compressors.

Reasoning

    10 CFR Part 430.27(a)(1) allows a person to submit a petition to 
waive for a particular basic model any requirements of Sec.  430.23 
when (1) the basic model contains one or more design characteristics 
which either prevent testing of the basic model according to the 
prescribed test procedures, or (2) 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.
    Current test procedures as prescribed in Appendix A1 to Subpart 
B of 10 Part 430 do not adequately provide a way for Samsung to 
accurately represent the energy consumption of its refrigerator-
freezers that use shared dual compressors. Meanwhile, based on 
similar situations, DOE has already granted a waiver to Sub-Zero in 
77 FR 5784 on February 6, 2012, and similarly, an interim waiver to 
LG in 77 FR 44603 on July 30, 2012.
    However, unlike Subzero's design which features two compressors, 
two evaporators, and two defrost heaters, Samsung's design features 
two compressors, four evaporators, and three defrost heaters.
    Samsung's design features four compartments that have their own 
evaporators. Three compartments, freezer/convertible/fresh food 
compartment, are accessible with an exterior door and the fourth ice 
room compartment is a sub compartment and located inside of the 
fresh food compartment. Defrost heaters are adopted at three 
evaporators (freezer/convertible/ice room) except the fresh food 
compartment evaporator and those heaters operate all together at the 
same time according to the control logic. So essentially, there is 
only one defrost type. Despite these differences of the composition, 
Samsung believes that the test procedure, as prescribed in the 
waiver granted to Subzero and in the interim waiver granted to LG, 
is equally applicable and appropriate.
    More specifically, Samsung's residential refrigerator-freezers 
that use shared dual compressors can be tested and calculate to a 
reasonable result with same test procedure granted to Subzero's 
waiver because the test procedure of Subzero's waiver adopt a 
multiple defrost system of 1, 2 or more compartment with distinct 
defrost system and Samsung's dual units have one defrost system 
despite of having four compartments and three defrost heaters as 
explained above.
    Therefore, Samsung respectfully requests a waiver and an interim 
waiver for the alternate test procedure that DOE has already granted 
Sub-Zero and LG pertaining to the refrigerator-freezers that use 
shared dual compressors, with minor modification suggested below:
    Before: 5.2.1.4 Dual Compressor Systems with dual Automatic 
Defrost
    With Minor Change: 5.2.1.4 Dual Compressor Systems with 
Automatic Defrost (i=1 is mono, i=2 is dual)

Alternate Test Procedure

    Replace the multiple defrost system section 5.2.1.4 of Appendix 
A1 with the following:
    5.2.1.4 Dual Compressor Systems with Automatic Defrost. The two-
part test method in section 4.2.1 must be used, and the energy 
consumption in kilowatt-hours per day shall be calculated equivalent 
to:
[GRAPHIC] [TIFF OMITTED] TN13MR13.003

Where:

 1440 = number of minutes in a day
 ET is the test cycle energy (kWh/day);
 i is the variable that can equal to 1, 2 or more that 
identifies the compartment with distinct defrost system;
 D is the total number of compartments with distinct defrost 
systems;
 EP1 is the dual compressor energy expended during the first 
part of the test (it is calculated for a whole number of freezer 
compressor cycles at least 24 hours in duration and may be the 
summation of several running periods that do not include any 
precool, defrost, or recovery periods);
 T1 is the length of time for EP1 (minutes);
 EP2i is the total energy consumed during the second 
(defrost) part of the test being conducted for compartment i. (kWh);
 T2i is the length of time (minutes) for the second 
(defrost) part of the test being conducted for compartment i.
 CTi is the compressor on time between defrosts for only 
compartment i. CTi for compartment i with long time automatic 
defrost system is calculated as per 10 CFR part 430 subpart B 
appendix A1 clause 5.2.1.2. CTi for compartment i with variable 
defrost system is calculated as per 10 CFR part 430 subpart B 
appendix A1 clause 5.2.1.3. (hours rounded to the nearest tenth of 
an hour).

    Stabilization:
    The test shall start after a minimum 24 hours stabilization run for 
each temperature control setting.
    Steady State for EP1:
    The temperature average for the first and last compressor cycle of 
the test period must be within 1.0[deg]F (0.6[deg]C) of the test period 
temperature average for each compartment. Make this determination for 
the fresh food compartment for the fresh food compressor cycles closest 
to the start and end of the test period. If multiple segments are used 
for test period 1, each segment must comply with above requirement.
    Steady State for EP2i:
    The second (defrost) part of the test must be preceded and followed 
by regular compressor cycles. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0[deg]F 
(0.6[deg]C) of the EP1 test period temperature average for each 
compartment.
    Test Period for EP2i, T2i:

[[Page 15945]]

    EP2i includes precool, defrost, and recovery time for compartment 
i, as well as sufficient dual compressor steady state run cycles to 
allow T2i to be at least 24 hours. The test period shall start at the 
end of a regular freezer compressor on-cycle after the previous defrost 
occurrence (refrigerator or freezer). The test period also includes the 
target defrost and following regular freezer compressor cycles, ending 
at the end of a regular freezer compressor oncycle before the next 
defrost occurrence (refrigerator or freezer). If the previous condition 
does not meet 24 hours time, additional EP1 steady state segment data 
could be included. Steady state run cycle data can be utilized in EP1 
and EP2i.
    Test Measurement Frequency
    Measurements shall be taken at regular interval not exceeding 1 
minute.
    For the reasons that DOE described in its granting of waiver and 
interim waiver for Sub-Zero and LG for refrigerator-freezers with 
shared dual compressors, Samsung believes that the expeditious granting 
of Waiver and Interim Waiver for the model listed below is warranted:

RF32FM
* * * * *

    Please feel free to contact me if you have any questions regarding 
this Application for Petition for Waiver and Application for Interim 
Waiver. I will be happy to discuss should any questions arise.

Sincerely,
Michael Moss
Director of Corporate Environmental Affairs

[FR Doc. 2013-05767 Filed 3-12-13; 8:45 am]
BILLING CODE 6450-01-P
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