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[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Notices]               
[Page 45623-45625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au10-64]                         

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-014]

 
Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Samsung Electronics America, Inc. From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure

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

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-014) that grants to Samsung Electronics 
America, Inc. (Samsung) a waiver from the DOE electric refrigerator and 
refrigerator-freezer test procedure for certain basic models of 
residential refrigerator-freezers containing relative humidity sensors 
and adaptive control anti-sweat heaters. Under today's decision and 
order, Samsung shall be required to test and rate these refrigerator-
freezers equipped with adaptive control anti-sweat heaters using an 
alternate test procedure that takes this technology into account when 
measuring energy consumption.

DATES: This decision and order is effective August 3, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611, E-mail: Michael.Raymond@ee.doe.gov.
    Jennifer Tiedeman, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 1000 Independence Avenue, SW., Washington, DC 
20585-0103, (202) 287-6111, E-mail: 
Jennifer.Tiedeman@hq.doe.govmailto:.

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

[[Page 45624]]

decision and order as set forth below. The decision and order grants 
Samsung a waiver from the applicable residential refrigerator and 
refrigerator-freezer test procedure found in 10 CFR part 430, subpart 
B, appendix A1 for certain basic models of refrigerator-freezers with 
relative humidity sensors and adaptive control anti-sweat heaters, 
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 any 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).

Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Samsung Electronics America, Inc. (Case No. RF-
014).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A, which provides for the ``Energy Conservation Program for 
Consumer Products Other Than Automobiles.'' 42 U.S.C. 6291-6309. Part A 
of Title III includes definitions, test procedures, labeling 
provisions, energy conservation standards, and the authority to require 
information and reports from manufacturers. Further, EPCA authorizes 
the Secretary of Energy to prescribe test procedures that are 
reasonably designed to produce results that measure energy efficiency, 
energy use, or estimated operating costs, and that are not unduly 
burdensome to conduct. 42 U.S.C. 6293(b)(3).
    Today's notice involves residential electric refrigerator and 
refrigerator-freezer products covered under Part A of Title III. The 
test procedure for residential electric refrigerators and refrigerator-
freezers is contained in 10 CFR part 430, subpart B, appendix A1.
    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 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 them 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).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to 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))
    On September 9, 2009, Samsung filed a petition for waiver and 
application for interim waiver from the test procedure applicable to 
residential electric refrigerators and refrigerator-freezers set forth 
in 10 CFR Part 430, subpart B, appendix A1. The products covered by the 
petition employ relative humidity sensors, which detect and respond to 
temperature and humidity conditions, and then activate adaptive heaters 
as needed to evaporate excess moisture. DOE published Samsung's 
petition for waiver for residential refrigerator-freezers with adaptive 
anti-sweat heaters, as well as its grant of interim waiver to Samsung 
for these products, in the Federal Register on December 15, 2009. 74 FR 
66340. DOE granted Samsung's petition for waiver on March 18, 2010. 75 
FR 13120.
Assertions and Determinations
    Samsung's Petition for Waiver:
    On January 20, 2010, Samsung informed DOE that, after it filed its 
petition for waiver in September 2009, it developed additional basic 
models with adaptive anti-sweat heater technology. Samsung asserted 
that these new products function in the same manner as the basic models 
listed in Samsung's September 2009 petition with respect to the 
properties that made those products eligible for a waiver. Therefore, 
Samsung requested that DOE add these models to the list of basic models 
for which the interim waiver was granted. Samsung also requested that 
DOE grant a new waiver for these additional basic models. Samsung's 
petition was published in the Federal Register on April 16, 2010. 75 FR 
19959.
    Samsung requested that it be permitted to use the same alternate 
test procedure DOE prescribed for GE, Whirlpool, and other companies 
manufacturing refrigerators and refrigerator-freezers equipped with a 
similar technology. Specifically, DOE granted GE, Whirlpool, 
Electrolux, Samsung, and Haier waivers on February 27, 2008 (73 FR 
10425), May 5, 2009 (74 FR 20695), December 15, 2009 (74 FR 66338), 
March 18, 2010 (75 FR 13122), and June 7, 2010 (75 FR 32175), 
respectively. The alternate test procedure simulates the energy used by 
the adaptive heaters in a typical consumer household, as explained in 
the respective decisions and orders referenced above. As DOE has stated 
in the past, it is in the public interest to have similar products 
tested and rated for energy consumption on a comparable basis.
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.
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 petition for waiver submitted by Samsung Electronics 
America, Inc. (Case No. RF-014) is hereby granted as set forth in the 
paragraphs below.
    (2) Samsung shall not be required to test or rate the following 
Samsung models on the basis of the current test procedures contained in 
10 CFR part 430, subpart B, appendix A1. Instead, it shall be required 
to test and rate such products according to the alternate test 
procedure as set forth in paragraph (3) below:

RB***H***, RF***H***, RF***H***, RS***H***, 
RS***H***.

    (3) Samsung shall be required to test the products listed in 
paragraph (2)

[[Page 45625]]

above according to the test procedures for electric refrigerator-
freezers prescribed by DOE at 10 CFR part 430, appendix A1, except 
that, for the Samsung products listed in paragraph (2) only:
    (A) The following definition is added at the end of Section 1:
    1.13 Variable anti-sweat heater control means an anti-sweat heater 
where power supplied to the device is determined by an operating 
condition variable(s) and/or ambient condition variable(s).
    (B) Section 2.2 is revised to read as follows:
    2.2 Operational conditions. The electric refrigerator or electric 
refrigerator-freezer shall be installed and its operating conditions 
maintained in accordance with HRF-1-1979, section 7.2 through section 
7.4.3.3, except that the vertical ambient temperature gradient at 
locations 10 inches (25.4 cm) out from the centers of the two sides of 
the unit being tested is to be maintained during the test. Unless 
shields or baffles obstruct the area, the gradient is to be maintained 
from 2 inches (5.1 cm) above the floor or supporting platform to a 
height 1 foot (30.5 cm) above the unit under test. Defrost controls are 
to be operative. The anti-sweat heater switch is to be off during one 
test and on during the second test. In the case of an electric 
refrigerator-freezer equipped with variable anti-sweat heater control, 
the result of the second test will be derived by performing the 
calculation described in 6.2.3. Other exceptions are noted in 2.3, 2.4, 
and 5.1 below.
    (C) New section 6.2.3 is inserted after section 6.2.2.2.
    6.2.3 Variable anti-sweat heater control test. The energy 
consumption of an electric refrigerator-freezer with a variable anti-
sweat heater control in the on position (Eon), expressed in 
kilowatt-hours per day, shall be calculated equivalent to:

EON = E + (Correction Factor)

where E is determined by sections 6.2.1.1, 6.2.1.2, 6.2.2.1, or 
6.2.2.2, whichever is appropriate, with the anti-sweat heater switch in 
the off position.

Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x 
(24 hrs/1 day) x (1 kW/1,000 W)

Where:

Anti-sweat Heater Power
    = A1 * (Heater Watts at 5%RH)
    + A2 * (Heater Watts at 15%RH)
    + A3 * (Heater Watts at 25%RH)
    + A4 * (Heater Watts at 35%RH)
    + A5 * (Heater Watts at 45%RH)
    + A6 * (Heater Watts at 55%RH)
    + A7 * (Heater Watts at 65%RH)
    + A8 * (Heater Watts at 75%RH)
    + A9 * (Heater Watts at 85%RH)
    + A10 * (Heater Watts at 95%RH)

where A1-A10 are defined in the following table:

------------------------------------------------------------------------

------------------------------------------------------------------------
A1 = 0.034                            A6 = 0.119
A2 = 0.211                            A7 = 0.069
A3 = 0.204                            A8 = 0.047
A4 = 0.166                            A9 = 0.008
A5 = 0.126                            A10 = 0.015
------------------------------------------------------------------------

    Heater Watts at a specific relative humidity = the nominal watts 
used by all heaters at that specific relative humidity, 72 [deg]F 
ambient, and DOE reference temperatures of fresh food (FF) average 
temperature of 45 [deg]F and freezer (FZ) average temperature of 5 
[deg]F. System-loss Factor = 1.3
    (4) Representations. Samsung may make representations about the 
energy use of its adaptive control anti-sweat heater 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.

Issued in Washington, DC, on July 27, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. 2010-19022 Filed 8-2-10; 8:45 am]
BILLING CODE 6450-01-P
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