75426 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. 

NPGI is to develop a basic knowledge of 

the structures and functions of plant 

genomes and to translate this knowledge 

to a comprehensive understanding of all 

aspects of economically important 

plants and plant processes of potential 

economic value. By bridging basic 

research and plant performance in the 

field, the NPGI seeks to accelerate basic 

discovery and innovation in 

economically important plants and 

enable enhanced management of 

agriculture, natural resources, and the 

environment to meet societal needs. 

The activities of the NPGI have been 

coordinated through three Five Year 

Plans covering 1998–2001, 2002–2008, 

and 2009–2013. The IWGPG was reestablished in November 2012 under the 

Life Sciences Subcommittee of the 

Committee on Science to engage the 

plant community in prioritizing 

genomics tools and resources, define 

new strategies that will meet 

community needs and priorities 

sustainably, advance biological 

innovation and breakthrough discovery, 

and improve coordination among 

Federal agencies and international plant 

genomics partners. This new working 

group is composed of representatives 

from DOE, NSF, the U.S. Dept. of 

Agriculture (USDA), the Environmental 

Protection Agency (EPA), the U.S. 

Agency for International Development 

(USAID), the Smithsonian Institution, 

the U.S. Dept. of Interior (DOI), and the 

National Institutes of Health (NIH). As 

part of its activities, the IWGPG has 

been charged with seeking input from 

the broader research community, 

including the public and private sectors 

as well as the international community, 

towards the development of the NPGI 

2014–2018 Strategic Plan. In this 

workshop consideration will be given 

to: 

• Minimization of inputs such as 

water, energy, pesticides, and fertilizer; 

• Effects of climate change and 

increasing agricultural productivity; 

• Minimization of environmental 

impacts using plant genomics; 

• Opportunities for Federal agency 

coordination, cooperation, public/ 

private partnerships; 

• Associated opportunities to 

enhance training, education, and public 

outreach. 

Short presentations will be given on 

potential priorities as a starting point for 

discussion. 

Public Participation: The workshop is 

open to the public. Public comment will 

be accepted before and after the 

workshop through the Web site: 

https://extwiki.nsf.gov/x/DQAOAQ. 

Workshop Report: The report 

produced by this workshop will be 

available to the public within 60 days at 

the Web site: https://extwiki.nsf.gov/x/ 

DQAOAQ. 

Issued in Washington, DC, on December 

13, 2012. 

Sharlene C. Weatherwax, 

Associate Director of Science for Biological 

and Environmental Research, U.S. 

Department of Energy. 

[FR Doc. 2012–30630 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–023] 

Decision and Order Granting a Waiver 

to GE Appliances 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–023) 

that grants to GE Appliances (GE) 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– 

023. In its petition, GE 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, GE 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 GE 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 GE tests 

and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

GE 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: GE Appliances (Case 

No. RF–023). 

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 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices 75427 

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. GE’s Petition for Waiver: Assertions 

and Determinations 

On January 26, 2012, GE 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. GE is 

designing new refrigerator-freezers that 

incorporate multiple defrost cycles. In 

its petition, GE seeks a waiver from the 

procedure provided in Appendix A1 

because that test procedure does not 

account for products that use multiple 

defrost cycles. Therefore, GE 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 an 

interim final rule (75 FR 78810, 

December 16, 2010). On January 27 and 

July 19, 2011, Samsung submitted 

similar petitions for waiver and requests 

for interim waiver for basic models of 

refrigerator-freezers that incorporate 

multiple defrost cycles. After initially 

granting these interim waiver requests, 

DOE ultimately granted Samsung with a 

waiver for the products specified in 

those petitions through a final decision 

and order that adopted a modified 

version of the interim final rule’s 

procedure. 77 FR 1474 (Jan. 10, 2012). 

That modified procedure was also 

adopted by DOE as part of a recently 

published rule that finalized the test 

procedures that electric refrigerator and 

refrigerator-freezer manufacturers must 

use starting in 2014. See 77 FR 3559 

(Jan. 25, 2012) (finalizing refrigerator 

and refrigerator-freezer test procedures 

for 2014 in 10 CFR Part 430, Appendix 

A). 

GE’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 requested 

by GE is the same as the test procedure 

published in the interim final rule 

referenced above. As noted above, DOE 

recently published a final test procedure 

for refrigerators, refrigerator-freezers, 

and freezers (77 FR 3559 (Jan. 25, 

2012)). The alternate test procedure 

sought by GE is identical to the interim 

final rule test procedure provisions for 

products with long-time or variable 

defrost adopted in the final test 

procedure rule. Because DOE has 

finalized a test procedure that accounts 

for products that employ these longtime or variable defrost control 

strategies, DOE is granting GE’s request 

but requiring that the company use the 

more recently finalized procedure in 

order to ensure testing consistency for 

all manufacturers when measuring the 

energy consumption of these types of 

products. 

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 the GE petition, 

tested in a consistent manner and is 

adopting the same approach laid out in 

its prior decision by permitting GE 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 

GE petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to GE. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by GE and 

consultation with FTC staff, it is ordered 

that: 

(1) The petitions for waiver submitted 

by the GE Appliances (Case No. RF–023) 

are hereby granted as set forth in 

paragraphs. 

(2) GE shall be required to test and 

rate the following GE models according 

to the alternate test procedure set forth 

in paragraph (3) of this section. 

CYE24T****** 

CFE29T****** 

DFE29J****** 

GNE26G****** 

GFE27G****** 

GFE27H****** 

GFE29H****** 

PWE23K****** 

PYE24K****** 

PYE24P****** 

PFE27K****** 

PFE29P****** 

PFH29P****** 

(3) GE 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), amending 10 CFR Part 430, 

Appendix A. 

(4) Representations. GE 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 GE’s January 26, 

2012 petition for waiver. Grant of this 

waiver does not release a petitioner 

from the certification requirements set 

forth at 10 CFR part 429. 


tkelley on DSK3SPTVN1PROD with 
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