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[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35899-35901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14166]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-026]

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.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. RF-026) 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 its petition, Samsung provides an alternate 
test procedure to address the difficulties in testing dual compressor 
systems using the currently applicable DOE test procedure. Under 
today's decision and order, Samsung shall be required to test and rate 
these refrigerator-freezers using an alternate test procedure that 
takes dual compressors into account when measuring energy consumption.

DATES: This Decision and Order is effective June 14, 2013.

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.
    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: In accordance with Title 10 of the Code of

[[Page 35900]]

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 dual compressors, 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 June 7, 2013.
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-026)

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Pub. L. 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, it 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.
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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 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 January 7, 2013, Samsung submitted a petition for waiver from 
the test procedure applicable to residential electric refrigerators and 
refrigerator-freezers set forth in 10 CFR part 430, subpart B, appendix 
A1 because it was designing new refrigerator-freezers that incorporate 
a dual compressor design. Samsung sought 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 the company's dual compressor products. In its petition, 
Samsung set forth an alternate test procedure and noted in support of 
its petition that DOE has already granted Sub-Zero a similar waiver 
pertaining to the use of dual compressor-equipped refrigerators. See 76 
FR 71335 (November 17, 2011) (interim waiver) and 77 FR 5784 (February 
6, 2012) (Decision and Order). DOE has also granted a similar waiver to 
LG. See 77 FR 44603 (July 30, 2012) (interim waiver) and 78 FR 18327 
(March 26, 2013) (Decision and Order). While Samsung has acknowledged 
that its products are different from the ones addressed by the Sub-Zero 
waiver in that they feature a different number of evaporators and 
defrost heaters, Samsung asserts that the procedure outlined in the 
Sub-Zero waiver will provide a representative measurement of the energy 
use of its products. In addition, Samsung requests that it be permitted 
to use the alternate test procedure that DOE has already permitted Sub-
Zero and LG to use in response to similar waiver requests pertaining to 
the testing of refrigerator-freezers that use shared dual compressors, 
with minor modification suggested below:

    Before: 5.2.1.4 Dual Compressor Systems with dual Automatic Defrost
    With Minor Change: 5.2.1.4 Dual Compressor Systems with Automatic 
Defrost (i=1 is mono, i=2 is dual).

    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 DOE's consultation with the FTC staff, it is ordered 
that:
    (1) The petitions for waiver submitted by the Samsung Electronics 
America, Inc. (Case No. RF-026) are hereby granted as set forth in the 
paragraphs in this section.
    (2) Samsung shall be required to test and rate the following 
Samsung model according to the alternate test procedure set forth in 
paragraph (3) of this section.

RF32FM*****

    (3) Samsung shall be required to test the product listed in 
paragraph (2) of this section 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, replace section

[[Page 35901]]

5.2.1.4 of appendix A1, with the following:
    5.2.1.4 Dual Compressor Systems with Automatic Defrost (i=1 is 
mono, i=2 is dual). The two-part test method in section 4.2.1 must be 
used, and the energy consumption in kilowatt-hours per day shall be 
calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TN14JN13.000

Where:

1440 = number of minutes in a day
ET is the test cycle energy (kWh/day);
i is a variable that can equal to 1, 2 or more that identifies the 
distinct defrost cycle types applicable for the refrigerator or 
refrigerator-freezer;
D is the total number of distinct defrost cycle types;
EP1 is the dual compressor energy expended during the first part of 
the test (it is calculated for a whole number of freezer compressor 
cycles at least 24 hours in duration and may be the summation of 
several running periods that do not include any precool, defrost, or 
recovery periods);
T1 is the length of time for EP1 (minutes);
EP2i is the total energy consumed during the second (defrost) part 
of the test being conducted for compartment i. (kWh);
T2i is the length of time (minutes) for the second (defrost) part of 
the test being conducted for compartment i.
CTi is the freezer compressor run time between instances of defrost 
cycle type i. CTi for compartment i with long time automatic defrost 
system is calculated as per 10 CFR part 430, subpart B, appendix A1 
clause 5.2.1.2. CTi for compartment i with variable defrost system 
is calculated as per 10 CFR part 430 subpart B appendix A1 clause 
5.2.1.3. (hours rounded to the nearest tenth of an hour).

Stabilization

    The test shall start after a minimum 24 hours stabilization run for 
each temperature control setting.

Steady State for EP1

    The temperature average for the first and last compressor cycle of 
the test period must be within 1.0 [degrees] F (0.6 [degrees] C) of the 
test period temperature average for each compartment. Make this 
determination for the fresh food compartment for the fresh food 
compressor cycles closest to the start and end of the test period. If 
multiple segments are used for test period 1, each segment must comply 
with above requirement.

Steady State for EP2i

    The second (defrost) part of the test must be preceded and followed 
by regular compressor cycles. The temperature average for the first and 
last compressor cycle of the test period must be within 1.0 [degrees] F 
(0.6 [degrees] C) of the EP1 test period temperature average for each 
compartment.

Test Period for EP2i, T2i

    EP2i includes precool, defrost, and recovery time for compartment 
i, as well as sufficient dual compressor steady state run cycles to 
allow T2i to be at least 24 hours. The test period shall start at the 
end of a regular freezer compressor on-cycle after the previous defrost 
occurrence (refrigerator or freezer). The test period also includes the 
target defrost and following regular freezer compressor cycles, ending 
at the end of a regular freezer compressor on-cycle before the next 
defrost occurrence (refrigerator or freezer). If the previous condition 
does not meet 24 hours time, additional EP1 steady state segment data 
could be included. Steady state run cycle data can be utilized in EP1 
and EP2i.
    Test Measurement Frequency Measurements shall be taken at regular 
interval not exceeding 1 minute.

[End of 5.2.1.4]
    (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 January 7, 2013 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 June 7, 2013.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2013-14166 Filed 6-13-13; 8:45 am]
BILLING CODE 6450-01-P
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