[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75428-75429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30675]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-021]


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-021) 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 Case RF-021. In its petition, Samsung 
provides an alternate test procedure that is the same as the test 
procedure DOE published in a final rule dated January 25, 2012 (77 FR 
3559). 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 DOE's final rule dated January 25, 2012 (77 FR 
3559) that takes multiple defrost cycles into account when measuring 
energy consumption.

DATES: This Decision and Order is effective December 20, 2012.

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: [email protected].
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-71, 1000 Independence Avenue SW., 
Washington, DC 20585-0103, (202) 586-7796, Email: 
[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 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 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 November 19, 2012.
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-
021).

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 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 December 14, 2011, 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. 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, January 25, 
2012). On January 27 and July 19, 2011, Samsung had submitted similar 
petitions for waiver and requests for interim waiver for other basic 
models of

[[Page 75429]]

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).
    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 interim 
final rule referenced above. DOE recently issued a final test procedure 
for refrigerators, refrigerator-freezers, and freezers (77 FR 3559, 
Jan. 25, 2012). The final test procedure addresses comments received on 
the Samsung petitions that were the subject of the previous waiver, as 
well as on the interim final rule. 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.
    Because the current 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 (77 FR 
1474, Jan. 10, 2012). 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 consultation with the FTC staff, it is ordered that:
    (1) The petitions for waiver submitted by the Samsung Electronics 
America, Inc. (Case No. RF-021) are hereby granted as set forth in the 
paragraphs below.
    (2) Samsung shall be required to test and rate the following 
Samsung models according to the alternate test procedure set forth in 
paragraph (3) of this section.

PFSS6SMX****
PSB42******
RF323T*DB**
RF263B*AE**
RF263N*AE**
592 656**
GSE4820SS
RF323B*DB**
RF261B*AE**
RF263S*AE**
PSB48******
E42BS75E**
RF263T*AE**
RF260B*AE**

     (3) Samsung shall be required to test the products listed in 
paragraph (2) of this section according to the alternate test procedure 
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 December 14, 2011 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 November 19, 2012.

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

[FR Doc. 2012-30675 Filed 12-19-12; 8:45 am]
BILLING CODE 6450-01-P