Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 3787 

1For editorial reasons, upon codification in the 

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

Therefore, for the reasons discussed 

above, and in light of the previous 

waivers to other manufacturers, DOE 

grants Indesit’s petition for waiver from 

testing of its Ariston TCL73XNA and 

TCL73XSNA condenser clothes dryers. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Indesit petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Indesit. 

Conclusion 

After careful consideration of all the 

material that was submitted by Indesit 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petition for waiver submitted 

by Indesit Company (Case No. CD–009) 

is hereby granted as set forth in the 

paragraphs below. 

(2) Indesit shall not be required to test 

or rate its Ariston TCL73XNA and 

TCL73XSNA condensing clothes dryer 

models on the basis of the test 

procedures at 10 CFR part 430, subpart 

B, appendix D. 

(3) This waiver shall remain in effect 

from the date this decision and order 

consistent with the provisions of 10 CFR 

430.27(m). 

(4) 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. 

(5) This waiver applies to only those 

models specifically set out in Indesit’s 

petition. Indesit may submit a new or 

amended petition for waiver and request 

for grant of interim waiver, as 

appropriate, for additional models of 

clothes dryers for which it seeks a 

waiver from the DOE test procedure. 

Grant of this petition for waiver also 

does not release a petitioner from any 

applicable certification requirements set 

forth at 10 CFR Part 429. 

Issued in Washington, DC, on January 

16, 2014. 

lllllllllllllllllll

Kathleen B. Hogan 

Deputy Assistant Secretary for Energy 

Efficiency Energy Efficiency and 

Renewable Energy 

[FR Doc. 2014–01292 Filed 1–22–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–036] 

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 identical to 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 February 24, 

2014. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–036,’’ 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–034) in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–5B/ 

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., 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 

Program, Mail Stop EE–5B, 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 refrigerator-freezers 

that are the focus of this notice.1 Part B 

includes definitions, test procedures, 

labeling provisions, and energy 

conservation standards for various 

consumer products and provides DOE 

with 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 

current test procedure for electric 

refrigerators and refrigerator-freezers is 

contained in 10 CFR part 430, subpart 

B, appendix A1. 

The regulations set forth in 10 CFR 

430.27 contain provisions that enable a 


sroberts on DSK5SPTVN1PROD with NOTICES
3788 Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 

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 

and Application for Interim Waiver 

On November 26, 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. See 77 FR 3559, 3564–3565 

(January 25, 2012). These provisions 

were placed in appendix A, which is 

not required for use until September 15, 

2014, and are not contained in the 

current appendix A1 test procedure. 

Samsung has previously 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 Samsung’s 

waiver requests in each case. See 77 FR 

1474 (Jan. 10, 2012), 77 FR 75428 (Dec. 

20, 2012), 78 FR 35901 (June 14, 2013), 

and 78 FR 35898 (June 14, 2013). 

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. 

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 has 

determined, however, that it is likely 

Samsung’s petition will be granted, and 

that it is desirable for public policy 

reasons to grant Samsung relief pending 

a determination on the petition. 

Previously, DOE granted a waiver to 

Samsung for other basic models 

incorporating multiple defrost 

technology and DOE has determined 

that it is desirable to have similar basic 

models tested in a consistent manner. 

See 77 FR 1474 (Jan. 10, 2012) (Case 

Nos. RF–018, 019); 77 FR 75428 (Dec. 

20, 2012) (Case No. RF–021); 78 FR 

35901 (June 14, 2013) (Case No. RF– 

026); and 78 FR 35898 (June 14, 2013) 

(Case No. RF–027). 

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 final rule referenced 

above. 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 that 

manufacturers of these products are 

required to use in 2014. 

For the reasons stated above, DOE 

grants Samsung’s application for interim 

waiver from the testing requirements 

under 10 CFR Part 430, Appendix A–1 

for those specific refrigerator-freezer 

product lines containing multiple 

defrost cycles identified below. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by Samsung is hereby granted for 

the specified Samsung refrigeratorfreezer basic model that incorporates 

multiple defrost cycles, subject to the 

specifications and conditions below. 

Samsung shall be required to test and 

rate the specified refrigerator-freezer 

product according to the alternate test 

procedure as set forth in section III, 

‘‘Alternate Test Procedure.’’ 

The interim waiver applies to the 

following basic models: 

RS25H5121 ** 

RS25H5111 ** 

DOE makes decisions on waivers and 

interim waivers for only the models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. Samsung may submit 

a subsequent 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 the grant 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 at 

10 CFR 430.27, DOE will consider 

setting an alternate test procedure for 

Samsung in a subsequent Decision and 

Order. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 3789 

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, 

Samsung shall include the following: 

1. In section 1, Definitions, the 

following definition: 

‘‘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: 

4.2.1 Long-time Automatic Defrost. 

If the model being tested has a long-time 

automatic defrost system, the two-part 

test described in this section may 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 (section 4.1). 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. 

4.2.1.1 Cycling Compressor System. 

For a system with a cycling compressor, 

the second part of the test starts at the 

termination of the last regular 

compressor ‘‘on’’ cycle. The average 

temperatures of the fresh food and 

freezer compartments measured from 

the termination of the previous 

compressor ‘‘on’’ cycle to the 

termination of the last regular 

compressor ‘‘on’’ cycle must both be 

within 0.5 °F (0.3 °C) of their average 

temperatures measured for the first part 

of the test. If any compressor cycles 

occur prior to the defrost heater being 

energized that cause the average 

temperature in either compartment to 

deviate from its average temperature for 

the first part of the test by more than 0.5 

°F (0.3 °C), these compressor cycles are 

not considered regular compressor 

cycles and must be included in the 

second part of the test. As an example, 

a ‘‘precooling’’ cycle, which is an 

extended compressor cycle that lowers 

the temperature(s) of one or both 

compartments prior to energizing the 

defrost heater, must be included in the 

second part of the test. The test period 

for the second part of the test ends at the 

termination of the first regular 

compressor ‘‘on’’ cycle after both 

compartment temperatures have fully 

recovered to their stable conditions. The 

average temperatures of the 

compartments measured from this 

termination of the first regular 

compressor ‘‘on’’ cycle until the 

termination of the next regular 

compressor ‘‘on’’ cycle must both be 

within 0.5 °F (0.3 °C) of their average 

temperatures measured for the first part 

of the test. See Figure 1. 


sroberts on DSK5SPTVN1PROD with NOTICESEN23JA14.066</GPH>
3790 Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 

4.2.4 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. The 

two-part method in 4.2.1 shall be used. 

The second part of the method will be 

conducted separately for each distinct 

defrost cycle type. 

3. In section 5, Test Measurements, 

the following: 

5.2.1.5 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: 

Where: 

1440 is defined in 5.2.1.1 and EP1, T1, and 

12 are defined in 5.2.1.2; 

i is a variable that can equal 1, 2, or more 

that identifies the distinct defrost cycle 

types applicable for the refrigerator or 

refrigerator-freezer; 

EP2i = energy expended in kilowatt-hours 

during the second part of the test for 

defrost cycle type i; 

T2i = length of time in minutes of the second 

part of the test for defrost cycle type i; 

CTi is the compressor run time between 

instances of defrost cycle type i, for longtime automatic defrost control equal to a 

fixed time in hours rounded to the 

nearest tenth of an hour, and for variable 

defrost control equal to 

(CTLi × CTMi)/(F × (CTMi¥CTLi) + CTLi); 

CTLi = least or shortest compressor run time 

between instances of defrost cycle type 

i in hours rounded to the nearest tenth 

of an hour (CTL for the defrost cycle type 

with the longest compressor run time 

between defrosts must be greater than or 

equal to 6 but less than or equal to 12 

hours); 

CTMi = maximum compressor run time 

between instances of defrost cycle type 

i in hours rounded to the nearest tenth 

of an hour (greater than CTLi but not 

more than 96 hours); 

For cases in which there are more than one 

fixed CT value (for long-time defrost 

models) or more than one CTM and/or 

CTL value (for variable defrost models) 

for a given defrost cycle type, an average 

fixed CT value or average CTM and CTL

values shall be selected for this cycle 

type so that 12 divided by this value or 

values is the frequency of occurrence of 

the defrost cycle type in a 24 hour 

period, assuming 50% compressor run 

time. 

F = default defrost energy consumption 

factor, equal to 0.20. 

For variable defrost models with no values 

for CTLi and CTMi in the algorithm, the 

default values of 6 and 96 shall be used, 

respectively. 

D is the total number of distinct defrost cycle 

types. 

IV. Summary and Request for Comments 

Through today’s notice, DOE announces 

receipt of Samsung’s petition for waiver from 

certain parts of the test procedure applicable 

to refrigerator-freezers and grants an interim 

waiver to Samsung. DOE is publishing 

Samsung’s petition for waiver in its entirety. 

The petition contains no confidential 

information. The petition includes a 

suggested alternate test procedure to measure 

the energy consumption of refrigeratorfreezer basic models that incorporate 

multiple defrost cycles. 

DOE solicits comments from interested 

parties on all aspects of the petition. 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 January 16, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

November 26, 2013 

Dr. David Danielson 

Energy Efficiency and Renewable Energy 

Department of Energy 

1000 Independence Avenue SW. 

Washington, DC 20585 

Dear Assistant Secretary Danielson: 

Samsung Electronics America, Inc. 

(‘‘Samsung’’) respectfully submits this 

Application for Interim Waiver and Petition 

for Waiver to the Department of Energy 

(‘‘DOE’’ or ‘‘the Department’’) for Samsung’s 

compressor refrigerator-freezers with 

multiple defrost cycles. 

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 § 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 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 refrigeratorfreezers with multiple defrost cycles. DOE 

concurred with Samsung’s understanding in 

the interim waiver granted to Samsung in 76 

FR 16760 and subsequently granted the 

waiver on January 10, 2012 (77 FR 1474). 

Additionally, DOE communicated that all 

manufacturers planning on marketing 

refrigerator-freezers with multiple defrost 

cycles must seek a waiver from the 

Department. 

For the reasons that DOE described in its 

granting of waiver (77 FR 1474) for Samsung 

refrigerator freezers with multiple defrost 

cycles, Samsung believes that the granting of 

Interim Waiver and Waiver for the models 

listed below are warranted. 

Request 

Samsung requests that the alternate test 

procedure for refrigerators with multiple 

defrost cycles, as prescribed in the waiver (77 

FR 1474) and in the interim waiver (77 FR 

13109) granted to Samsung, be granted for 

the following basic Samsung refrigeratorfreezers with multiple defrost cycles models: 

RS25H5121 ** 

RS25H5111 ** 

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. 2014–01295 Filed 1–22–14; 8:45 am] 

BILLING CODE 6450–01–P 


sroberts on DSK5SPTVN1PROD with NOTICESEN23JA14.067</GPH>