[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Notices]
[Pages 13120-13122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5935]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-011]


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 (Case No. RF-011)

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-011) that grants to Samsung Electronics 
America, Inc. (Samsung) a waiver from the DOE electric refrigerator and 
refrigerator-freezer test procedure for certain basic models containing 
relative humidity sensors and adaptive control anti-sweat heaters. 
Under today's decision and order, Samsung shall be required to test and 
rate its refrigerator-freezers with adaptive control anti-sweat heaters 
according to an alternate test procedure that takes this technology 
into account when measuring energy consumption.

DATES: This Decision and Order is effective March 18, 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: [email protected]. Betsy Kohl, 
U.S. Department of Energy, Office of General Counsel, Mail Stop GC-71, 
1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-
7796; E-mail: [email protected].

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 a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures at 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

[[Page 13121]]

decision prohibits Samsung from making representations concerning the 
energy efficiency of these products unless such product has been tested 
consistent with the provisions and restrictions in the alternate test 
procedure set forth in the decision and order below, and such 
representation fairly discloses the results of such testing. 
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 March 10, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Samsung Electronics America, Inc. (Case No. RF-
011).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part A of 
Title III provides for the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) Part A 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part A 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 products under Part A. The test 
procedure for residential electric refrigerator-freezers relevant to 
the current petition for waiver is contained in 10 CFR part 430, 
subpart B, appendix A1.
    DOE's regulations contain provisions allowing a person to seek a 
waiver 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 the petitioner 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 from the 
test procedures applicable to its product line of refrigerator-freezers 
with relative humidity sensors and adaptive control anti-sweat heaters. 
The applicable test procedures are contained in 10 CFR part 430, 
subpart B, appendix A1--Uniform Test Method for Measuring the Energy 
Consumption of Electric Refrigerators and Electric Refrigerator-
Freezers. Because the existing test procedure under 10 CFR part 430 
takes neither ambient humidity nor adaptive technology into account, it 
does not accurately measure the energy consumption of Samsung's new 
refrigerator-freezers that feature humidity sensors and adaptive 
control anti-sweat heaters. Consequently, Samsung has submitted an 
alternate test to DOE for approval to ensure that it is correctly 
calculating the energy consumption of this new product line. On 
December 15, 2009, DOE granted Samsung an interim waiver and published 
Samsung's petition for waiver. 74 FR 66340. DOE did not receive any 
comments on the Samsung petition.
Assertions and Determinations
Samsung's Petition for Waiver
    In its petition, Samsung requested that it be permitted to use the 
same alternate test procedure DOE prescribed for GE and Whirlpool 
refrigerators and refrigerator-freezers that are equipped with a 
similar technology. The alternate test procedure applicable to the GE 
and Whirlpool products simulates the energy used by the adaptive 
heaters in a typical consumer household, as explained in the GE 
decision and order 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., on September 9, 2009 (Case No. RF-011), 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, but shall be required to test 
and rate such products according to the alternate test procedure as set 
forth in paragraph (3) below:

RB19*AC**
RB21*AC**
RF19*AC**
RF21*AC**
RF26*AF**
RFG23*AC**
RFG29*AC**
RFM28*AA**

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

[[Page 13122]]

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 from 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 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 from the following table:

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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
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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 March 10, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-5935 Filed 3-17-10; 8:45 am]
BILLING CODE 6450-01-P