Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices 65625 

1For editorial reasons, upon codification in the 

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

(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 

August 2, 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 October 28, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–26088 Filed 10–31–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–034] 

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 that is the same as 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 December 2, 

2013. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–034,’’ 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–2J/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–2J, 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 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 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 test procedure for 

electric refrigerators and refrigeratorfreezers is contained in 10 CFR part 430, 

subpart B, appendix A1. 

The regulations set forth in 10 CFR 

part 430.27 contain provisions that 

enable a 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). 


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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 September 23, 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 (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 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); 77 FR 

75428 (Dec. 20, 2012); 78 FR 35901 

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

14, 2013). 

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 testing of its refrigeratorfreezer product line containing multiple 

defrost cycles. 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 model: 

RS22HD*PN** 

DOE makes decisions on waivers and 

interim waivers for only this model 

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 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 

applicable to waivers and interim 

waivers from applicable test procedures 

at 10 CFR 430.27, DOE will consider 

setting an alternate test procedure for 

Samsung in a subsequent Decision and 

Order. 

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 


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Federal Register / Vol. 78, No. 212 / Friday, November 1, 2013 / Notices 65627 

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. 

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: 


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2 DOE understands, however, that absent an 

interim waiver, Samsung’s products would not be 

accurately tested and rated for energy consumption 

because the current energy test procedure does not 

include test procedures for products with multiple 

defrost cycle types. 

3Until these amendments are required in 

conjunction with the 2014 standards, manufacturers 

introducing products equipped with multiple 

defrost cycle types should, consistent with 10 CFR 

430.27, petition for a waiver since the modified 

version of Appendix A1 set out in today’s notice 

will not include a specified method for capturing 

this energy usage. 

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 

× (CTMı ̃ ¥ 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 refrigeratorfreezers and grants an interim waiver to 

Samsung. DOE is publishing Samsung’s 

petition for waiver in its entirety 

pursuant to 10 CFR 430.27(b)(1)(iv). The 

petition contains no confidential 

information. The petition includes a 

suggested alternate test procedure to 

measure the energy consumption of 

refrigerator-freezer basic models that 

incorporate multiple defrost cycles. 

DOE solicits comments from 

interested parties on all aspects of the 

petition. Pursuant to 10 CFR 

430.27(b)(1)(iv), 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 October 28, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

September 23, 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 2 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.3

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: 

RS22HD*PN** 

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. 2013–26086 Filed 10–31–13; 8:45 am] 

BILLING CODE 6450–01–P 


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