75428 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices 

1For editorial reasons, upon codification in the 

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

Issued in Washington, DC, on November 

19, 2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–30676 Filed 12–19–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–021] 

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–021) 

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 Case RF–021. In its 

petition, Samsung provides an alternate 

test procedure that is the same as the 

test procedure DOE published in a final 

rule dated January 25, 2012 (77 FR 

3559). 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 

DOE’s final rule dated January 25, 2012 

(77 FR 3559) that takes multiple defrost 

cycles into account when measuring 

energy consumption. 

DATES: This Decision and Order is 

effective December 20, 2012. 

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. 

Ms. Elizabeth Kohl, U.S. Department 

of Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103, (202) 586–7796, Email: 

Elizabeth.Kohl@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 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 November 

19, 2012. 

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–021). 

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 December 14, 2011, 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, January 25, 

2012). On January 27 and July 19, 2011, 

Samsung had submitted similar 

petitions for waiver and requests for 

interim waiver for other basic models of 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices 75429 

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). 

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 

published in the interim final rule 

referenced above. DOE recently issued a 

final test procedure for refrigerators, 

refrigerator-freezers, and freezers (77 FR 

3559, Jan. 25, 2012). The final test 

procedure addresses comments received 

on the Samsung petitions that were the 

subject of the previous waiver, as well 

as on the interim final rule. The 

alternate test procedure specified in this 

interim waiver (as well as the previous 

waiver granted to Samsung) is identical 

to the test procedure provisions for 

products with long time or variable 

defrost adopted in the final test 

procedure rule. 

Because the current 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 (77 FR 1474, Jan. 10, 2012). 

DOE has determined that it is desirable 

to have similar basic models, such as 

those addressed by this most recent 

Samsung petition, 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–021) 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. 

PFSS6SMX**** 

PSB42****** 

RF323T*DB** 

RF263B*AE** 

RF263N*AE** 

592 656** 

GSE4820SS 

RF323B*DB** 

RF261B*AE** 

RF263S*AE** 

PSB48****** 

E42BS75E** 

RF263T*AE** 

RF260B*AE** 

(3) Samsung shall be required to test 

the products listed in paragraph (2) of 

this section according to the alternate 

test procedure 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 

December 14, 2011 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 November 19, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–30675 Filed 12–19–12; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9762–3] 

Notice of Availability of Proposed 

National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Offshore Oil and Gas 

Exploration, Development and 

Production Operations off Southern 

California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability of 

proposed NPDES general permit 

(reissuance). 

SUMMARY: EPA Region 9 is proposing to 

reissue its general NPDES permit 

(permit No. CAG280000) for discharges 

from offshore oil and gas exploration, 

development and production facilities 

located in Federal waters off the coast 

of Southern California. This permit was 

issued on September 22, 2004, and 

modified on November 30, 2009. 

This notice announces the availability 

of the proposed general permit and fact 

sheet for public comment. For the most 

part, the proposed permit is very similar 

to the 2004 permit. The major changes 

from the 2004 permit include the 

following: (1) Reduced geographic area 

of coverage reflecting a reduction in the 

number of lease blocks considered 

active by the Bureau of Ocean Energy 

Management (BOEM); (2) revised 

effluent limits and monitoring 

requirements for produced water based 

on an updated reasonable potential 

analysis; (3) revised whole effluent 

toxicity (WET) requirements for 

produced water; (4) study requirement 

for cooling water intake structures; and 

(5) new requirements for an on-line oil 

and grease monitor for produced water. 

These changes are discussed in more 

detail below, and in the fact sheet 

accompanying the proposed general 

permit. 

DATES: Comments on the proposed 

permit must be received or postmarked 

no later than February 4, 2013. 

ADDRESSES: Public comments on the 

proposed permit may be submitted by 

U.S. Mail to: Environmental Protection 

Agency, Region 9, Attn: Eugene 

Bromley, NPDES Permits Office (WTR– 

5), 75 Hawthorne Street, San Francisco, 

California 94105–3901, or by email to: 

bromley.eugene@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eugene Bromley, EPA Region 9, NPDES 

Permits Office (WTR–5), 75 Hawthorne 

Street, San Francisco, California 94105– 

3901, or telephone (415) 972–3510. A 

copy of the proposed permit and fact 


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