Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 35899 

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 February 5, 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 (Jan. 25, 2012)). 

On January 27, July 19, and December 

14, 2011, Samsung had 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 a waiver for 

the products specified in these 

petitions. 77 FR 1474 (Jan. 10, 2012) and 

77 FR 75428 (Dec. 20, 2012). 

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 

received on the 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 

78810 (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 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 and 77 FR 

75428. 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 that was 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–027) are hereby 

granted as set forth in the paragraphsin 

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. 

* * * * * 

(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. 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 

February 5, 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. 2013–14169 Filed 6–13–13; 8:45 am] 

BILLING CODE 6450–01–P 

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. 

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 

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35900 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 

1For editorial reasons, upon codification in the 

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

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. 

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 refrigeratorfreezers 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 refrigeratorfreezers 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 refrigeratorfreezers prescribed by DOE at 10 CFR 

part 430, appendix A1, except that, for 

the Samsung products listed in 

paragraph (2) only, replace section 

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Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Notices 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: 

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 oncycle 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 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–025] 

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–025 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 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 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, 


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