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[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54456-54459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22399]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-019]

Petition for Waiver and Notice of Granting the Application for 
Interim Waiver of Samsung from the Department of Energy Residential 
Refrigerator and Refrigerator-Freezer Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of Petition for Waiver and Request for Public Comments.

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SUMMARY: This notice announces receipt of and publishes the Samsung 
Electronics America, Inc. (Samsung) petition for waiver (hereafter, 
``petition'') from specified portions of the U.S. Department of Energy 
(DOE) test procedure for determining the energy consumption of electric 
refrigerators and refrigerator-freezers. The waiver request pertains to 
certain basic models in Samsung's product lines that incorporate 
multiple defrost cycles. In its petition, Samsung provides an alternate 
test procedure that is the same as the test procedure DOE published in 
an interim final rule. DOE solicits comments, data, and information 
concerning Samsung's petition and the suggested alternate test 
procedure. DOE also publishes notice of the grant of an interim waiver 
to Samsung.

DATES: DOE will accept comments, data, and information with respect to 
the Samsung Petition until, but no later than October 3, 2011.

ADDRESSES: You may submit comments, identified by case number ``RF-
019,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: AS_Waiver_Requests@ee.doe.gov Include the case 
number [Case No. RF-017] 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., (Resource Room of the Building Technologies 
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4 
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 regarding visiting the 
Resource Room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: 
Michael.Raymond@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. E-
mail: 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,

[[Page 54457]]

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 automatic electric 
refrigerators and 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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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver for a particular basic model from the test 
procedure requirements 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. 10 CFR 
430.27(b)(1)(iii).
    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. Petition for Waiver of Test Procedure

    On July 19, 2011, Samsung filed a petition for waiver for new 
refrigerator-freezer models 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 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 DOE published in an 
interim final rule (75 FR 78810, December 16, 2010). On January 27, 
2011, Samsung had filed a similar petition for waiver and request for 
interim waiver for other basic models of refrigerator-freezers that 
incorporate multiple defrost cycles.

III. Application for Interim Waiver

    Samsung also requests an interim waiver from the existing DOE test 
procedure. Under 10 CFR 430.27(b)(2), each application for interim 
waiver must demonstrate likely success of the Petition for Waiver and 
address the economic hardship and/or competitive disadvantage that is 
likely to result absent a favorable determination on the application 
for interim waiver.'' 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. 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 understands, 
however, that absent an interim waiver, Samsung's products would not be 
accurately tested and rated for energy consumption because the current 
energy test procedure does not include test procedures for products 
with multiple defrost cycle types. Therefore, it appears likely that 
Samsung's petition for waiver will be granted. In addition, it is 
desirable for public policy reasons to grant immediate relief pending a 
decision on the petition for waiver. DOE previously granted a waiver to 
Samsung for other basic models incorporating multiple defrost 
technology. In addition, DOE's test procedure interim final rule would 
resolve the technical issues in this waiver, but use of the test 
procedure would not be required until the compliance date of any 
amended standards (approximately 2014). (75 FR 78810, December 16, 
2010).
    For the reasons stated above, DOE grants Samsung's application for 
interim waiver from testing of its refrigerator-freezer product line 
containing relative humidity sensors and adaptive control anti-sweat 
heaters. 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 multiple defrost cycles subject to the specifications and 
conditions below.
    1. Samsung shall not be required to test or rate its refrigerator-
freezer product lines that incorporate multiple defrost cycles on the 
basis of the test procedure under 10 CFR part 430 subpart B, appendix 
A1.
    2. Samsung shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive 
control anti-sweat heaters according to the alternate test procedure as 
set forth in section IV, ``Alternate test procedure.''
    The interim waiver applies to the following basic model groups:

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    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 grant of an interim waiver or waiver does not

[[Page 54458]]

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.

IV. Alternate Test Procedure

    For the duration of the interim waiver, Samsung shall be required 
to 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:
    1. In section 1, Definitions, the following definition at the end:
    ``Defrost cycle type'' means a distinct sequence of control whose 
function is to remove frost and/or ice from a refrigerated surface. 
There may be variations in the defrost control sequence such as the 
number of defrost heaters energized. Each such variation establishes a 
separate distinct defrost cycle type. However, defrost achieved 
regularly during the compressor off-cycles by warming of the evaporator 
without active heat addition is not a defrost cycle type.
    2. In section 4, Test Period, the following at the end:
    Systems with Multiple Defrost Frequencies. This section applies to 
models with long-time automatic or variable defrost control with 
multiple defrost cycle types, such as models with single compressors 
and multiple evaporators in which the evaporators have different 
defrost frequencies. A two-part method shall be used. The first part is 
a stable period of compressor operation that includes no portions of 
the defrost cycle, such as precooling or recovery, that is otherwise 
the same as the test for a unit having no defrost provisions. The 
second part is designed to capture the energy consumed during all of 
the events occurring with the defrost control sequence that are outside 
of stable operation, and will be conducted separately for each distinct 
defrost cycle type. For defrost cycle types involving the defrosting of 
both fresh food and freezer compartments, the freezer compartment 
temperature shall be used to determine test period start and stop 
times.
    3. In section 5, Test Measurements, the following at the end:
    Long-time or Variable Defrost Control for Systems with Multiple 
Defrost cycle Types.
    The energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TN01SE11.009

V. 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 
new line of refrigerator-freezers with multiple defrost cycles 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 and calculation methodology to 
determine the energy consumption of Samsung's specified refrigerator-
freezers with multiple defrost cycles. Samsung 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(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., 18600 Broadwick St., Rancho Dominguez, CA 
90220. 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 August 25, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
July 19, 2011
Dr. Henry Kelly
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue, SW., Washington, DC 20585

Dear Assistant Secretary Kelly:

    Samsung Electronics America, Inc. (``Samsung'') respectfully 
submits this request Application for Interim Waiver and Petition for 
Waiver to the Department of Energy (``DOE'' or ``the Department'') for 
single compressor refrigerator-freezers with multiple defrost cycles 
that are manufactured by Samsung.

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 
upon the grounds that the basic model contains one or more design 
characteristics which either prevent testing of the basic model 
according to the prescribed test procedures, or the prescribed test

[[Page 54459]]

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 Part 430 (``Appendix A1'') do not adequately provide a way for 
Samsung to accurately represent the energy consumption of its 
refrigerator-freezers with multiple defrost cycles. DOE concurred with 
Samsung's understanding in the interim waiver granted to Samsung in 76 
FR 16760.\2\ Additionally, DOE communicated that all manufacturers 
planning on marketing refrigerator-freezers with multiple defrost 
cycles must seek a waiver from the Department.\3\
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    \2\ DOE understands, however, that absent an interim waiver, 
Samsung's products would not be accurately tested and rated for 
energy consumption because the current energy test procedure does 
not include test procedures for products with multiple defrost cycle 
types.
    \3\ Until these amendments are required in conjunction with the 
2014 standards, manufacturers introducing products equipped with 
multiple defrost cycle types should, consistent with 10 CFR 430.27, 
petition for a waiver since the modified version of Appendix A1 set 
out in today's notice will not include a specified method for 
capturing this energy usage.
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Request

    In 75 FR 78810 (December 16, 2010), DOE issued an interim final 
rule for Appendix A (``Appendix A''), that effectively addresses test 
methodologies for refrigerator-freezers with multiple defrost cycles. 
Samsung requests that the Appendix A test methodology be expeditiously 
granted for Samsung refrigerator-freezers with multiple defrost cycles. 
Meanwhile, Samsung believes for the time being that the existing energy 
efficiency limits are adequate. Samsung therefore does not seek an 
alternate energy efficiency limit for these models at this time. 
Samsung requests that the efficient limits under Sec.  430.32(a) are 
applied to the following Samsung manufactured basic models:

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    Please feel free to contact me if you have any questions regarding 
this 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. 2011-22399 Filed 8-31-11; 8:45 am]
BILLING CODE 6450-01-P
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