9896 Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / Notices 

1For editorial reasons, upon codification in the 

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

Issued at Washington, DC, on February 11, 

2014. 

LaTanya R. Butler, 

Deputy Committee Management Officer. 

[FR Doc. 2014–03695 Filed 2–20–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–034] 

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 its decision 

and order in Case No. RF–034 that 

grants to Samsung Electronics America, 

Inc. (Samsung) a waiver from the DOE 

electric refrigerator and refrigeratorfreezer test procedures for specific basic 

models set forth in its petition for 

waiver. In its petition, Samsung 

provides an alternate test procedure that 

is identical to the test procedure DOE 

published in a final rule dated January 

25, 2012 (77 FR 3559) that 

manufacturers will be required to use 

starting in 2014. 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 that January 2012 final rule, 

which accounts for multiple defrost 

cycles when measuring energy 

consumption. 

DATES: This Decision and Order is 

effective February 21, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Office, 

Mailstop EE–5B, 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 

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 

with a waiver from the applicable 

residential refrigerator and refrigeratorfreezer 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 in a 

manner 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 February 12, 

2014. 

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–034) 

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 

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)) 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 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 one manufacturers will 

be required to use in 2014 for products 

with long-time or variable defrost. See 

77 FR 3559 (Jan. 25, 2012) (final rule). 

Samsung has submitted similar 

petitions for waiver and requests for 

interim waiver for other basic models of 

refrigerator-freezers that incorporate 


rmajette on DSK2TPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / Notices 9897 

1A 5-year rate extension of this same rate formula 

through June 7, 1993, was approved by FERC on 

Continued 

multiple defrost cycles. DOE 

subsequently granted a waiver for the 

products specified in these petitions. 

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

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

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

2013), and 78 FR 65623 (Nov. 1, 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 that DOE 

finalized in January 2012. See 77 FR 

3359. Among other things, the notice to 

that final rule addressed comments 

responding to the earlier Samsung 

petitions that were the subject of the 

previous waiver, as well as the interim 

final rule that had previously been 

issued. See 75 FR 78809 (Dec. 16, 2010). 

The alternate test procedure that 

Samsung has requested permission to 

use as part of its waiver petition is, as 

with its prior waiver petitions noted 

above, identical to the test procedure 

provisions for products with long-time 

or variable defrost DOE adopted in the 

final test procedure rule that 

manufacturers will be required to use 

starting in 2014. 

Because the currently applicable test 

procedure found in 10 CFR part 430, 

subpart B, appendix A1 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. See 77 FR 1474, 77 

FR 75428, 78 FR 35901, 78 FR 35898, 

and 78 FR 65623. DOE has determined 

that it is desirable to have similar basic 

models, such as those addressed by the 

Samsung petition addressed in this 

notice, 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 submitted by Samsung and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petitions for waiver submitted 

by the Samsung Electronics America, 

Inc. (Case No. RF–034) are hereby 

granted as set forth in the paragraphs 

below. 

(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. 

RS22HD*PN** 

(3) Samsung shall be required to test 

the products listed in paragraph (2) of 

this section according to appendix A1 to 

subpart B of 10 CFR part 430 except that 

the test cycle shall be identical to the 

test procedure provisions for products 

with long-time or variable defrost 

located in section 4.2.1 of appendix A 

to subpart B of 10 CFR part 430, as 

adopted in DOE’s final rule dated 

January 25, 2012 (77 FR 3559). 

(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 and accurate. 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 

September 23, 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 February 12, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–03694 Filed 2–20–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Falcon and Amistad Projects’ Rate 

Order No. WAPA–164 

AGENCY: Western Area Power 

Administration (Western), DOE. 

ACTION: Notice of proposed extension for 

the Falcon and Amistad Projects’ Power 

Rate Formula. 

SUMMARY: This action is a proposal to 

extend the existing Falcon and Amistad 

Projects’ Firm Power Rate Formula 

through June 7, 2019. The Falcon and 

Amistad Projects’ Firm Power Rate 

Formula will expire on June 7, 2014. 

DATES: Thirty days after this notice is 

published, Western will take further 

action on the proposed formula rate 

extension consistent with 10 CFR 903. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn C. Jeka, CRSP Manager, Colorado 

River Storage Project Management 

Center, Western Area Power 

Administration, 150 East Social Hall 

Avenue, Suite 300, Salt Lake City, UT 

84111–1580, (801) 524–6372, email: 

jeka@wapa.gov, or Mr. Rodney Bailey, 

Power Marketing Manager, Colorado 

River Storage Project Management 

Center, Western Area Power 

Administration, 150 East Social Hall 

Avenue, Suite 300, Salt Lake City, UT 

84111–1580, (801) 524–4007, email: 

rbailey@wapa.gov. 

SUPPLEMENTARY INFORMATION: By 

Delegation Order No. 00–037.00A, the 

Secretary of Energy delegated: (1) The 

authority to develop power and 

transmission rates to Western’s 

Administrator; (2) the authority to 

confirm, approve, and place in effect 

such rates on an interim basis to the 

Deputy Secretary of the Department of 

Energy; and (3) the authority to confirm 

and approve on a final basis or to 

disapprove rates developed by the 

Administrator under the delegation to 

the Federal Energy Regulatory 

Commission (FERC). This extension is 

issued pursuant to the Delegation Order 

and DOE rate extension procedures at 

10 CFR 903.23(a). 

The Falcon and Amistad Dams are 

features of international water storage 

projects located on the Rio Grande River 

between Texas and Mexico. Under the 

terms of Contract No. 7–07–50–P0890 

(Contract), dated August 9, 1977, as 

amended, Western marketed the power 

from these dams to two electric 

cooperatives, South Texas Electric 

Cooperative, Inc., and Medina Electric 

Cooperative. The power rate formula of 

the Contract was initially approved by 

the Federal Power Commission, 

predecessor to FERC, in Docket No. E– 

9566 on August 12, 1977 (59 FPC 1653), 

for a 5-year period effective on the date 

of initial operation of Amistad Power 

Plant, June 8, 1983.1


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