[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15941-15945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05767]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-026]
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 granting application
for interim waiver, and request for public comments.
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SUMMARY: This notice announces receipt of a petition for waiver from
Samsung Electronics America, Inc. (Samsung) seeking an exemption from
specified portions of the U.S. Department of Energy (DOE) test
procedure for determining the energy consumption of electric
refrigerators and refrigerator-freezers. Samsung asks that it be
permitted to use an alternate test procedure to address the
difficulties in testing dual compressor systems according to the
currently applicable DOE test procedure. DOE solicits comments, data,
and information concerning Samsung's petition and the suggested
alternate test procedure. Today's notice also grants Samsung with an
interim waiver from the electric refrigerator-freezer test procedure,
subject to use of the alternative test procedure set forth in this
notice. The waiver request pertains to the basic models set forth in
Samsung's petition that incorporate dual compressors.
DATES: DOE will accept comments, data, and information with respect to
the Samsung Petition until April 12, 2013.
ADDRESSES: You may submit comments, identified by case number ``RF-
026,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected] Include the case
number [Case No. RF-026] 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,
[[Page 15942]]
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 rulemakings regarding
similar refrigerator-freezers. 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:
[email protected].
Ms. Elizabeth Kohl, 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) 586-7796. Email:
[email protected].
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 that 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 electric refrigerator-freezers is contained 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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The regulations set forth in 10 CFR 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).
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
On January 7, 2013, 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 seeking a waiver because it is developing new
refrigerator-freezers that incorporate a dual-compressor design that is
not contemplated under DOE's test procedure. In its petition, Samsung
seeks a waiver from the existing DOE test procedure applicable to
refrigerators and refrigerator-freezers under 10 CFR part 430 for the
company's dual-compressor products. In its petition, Samsung has set
forth an alternate test procedure and notes 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 an interim waiver to LG. See
77 FR 44603 (July 30, 2012). While Samsung has acknowledged that its
products have some differences from the ones addressed by the Sub-Zero
waiver, Samsung asserts that the procedure outlined in that waiver will
be compatible with its product. 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 refrigerator-freezers 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)
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. See 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 recognizes,
however, that the DOE test procedure for dual compressor systems
primarily addresses independent, sealed systems, which differ from the
shared system used by the models listed in Samsung's petition. As a
result, it is not possible to test these products using the DOE test
procedure, and use of the test procedure would provide test results so
unrepresentative as to provide materially inaccurate comparative data.
DOE reviewed the alternate procedure and determined that it will
alleviate the testing problems associated with Samsung's implementation
of a dual compressor system. Therefore, it appears likely that
Samsung's petition for waiver will be granted. Previously, DOE granted
Sub-Zero a similar waiver pertaining to the use of dual
[[Page 15943]]
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 an interim waiver to LG. See 77 FR 44603
(July 30, 2012).
For the reasons stated above, DOE grants Samsung's application for
interim waiver from testing of its refrigerator-freezer product line
containing dual compressors. Therefore, it is ordered that:
The application for interim waiver filed by Samsung is hereby
granted for Samsung's refrigerator-freezer product lines that
incorporate dual compressors subject to the following specifications
and conditions below. Samsung shall be required to test and rate its
refrigerator-freezer product line containing dual compressors according
to the alternate test procedure as set forth in section III,
``Alternate test procedure.''
The interim waiver applies to the following basic model groups:
RF32FM
* * * * *
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. Samsung may submit a new or amended
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 granting 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, include:
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:
[GRAPHIC] [TIFF OMITTED] TN13MR13.002
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 on-cycle 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]
IV. Summary and Request for Comments
Through today's notice, DOE grants Samsung an interim waiver from
the specified portions of the test procedure applicable to Samsung's
line of refrigerator-freezers with dual compressors and announces
receipt of Samsung's petition for waiver from those same portions of
the test procedure. DOE publishes Samsung's petition for waiver
pursuant to 10 CFR 430.27(b)(1)(iv). The petition includes a suggested
alternate test procedure to determine the energy consumption of
Samsung's specified refrigerator-freezers with dual compressors.
Samsung is required to follow this alternate
[[Page 15944]]
procedure as a condition of its interim waiver, and DOE is considering
including this alternate procedure in its subsequent Decision and
Order.
DOE solicits comments from interested parties on all aspects of the
petition, including the suggested alternate test procedure and
calculation methodology. 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 March 7, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
January 7, 2013
The Honorable David Danielson
Assistant Secretary, Energy Efficiency and Renewable Energy
United States Department of Energy
Mail Station EE-1
Forrestal Building
1000 Independence Avenue SW
Washington, DC 20585
Dear Assistant Secretary Danielson:
Samsung Electronics America, Inc. (``Samsung'') respectfully
submits the Application for Petition for Waiver and Application for
Interim Waiver to the Department of Energy (``DOE'' or ``the
Department'') regards to Samsung's residential refrigerator-freezers
that use shared dual compressors.
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 Sec. 430.23
when (1) the basic model contains one or more design characteristics
which either prevent testing of the basic model according to the
prescribed test procedures, or (2) 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 10 Part 430 do not adequately provide a way for Samsung to
accurately represent the energy consumption of its refrigerator-
freezers that use shared dual compressors. Meanwhile, based on
similar situations, DOE has already granted a waiver to Sub-Zero in
77 FR 5784 on February 6, 2012, and similarly, an interim waiver to
LG in 77 FR 44603 on July 30, 2012.
However, unlike Subzero's design which features two compressors,
two evaporators, and two defrost heaters, Samsung's design features
two compressors, four evaporators, and three defrost heaters.
Samsung's design features four compartments that have their own
evaporators. Three compartments, freezer/convertible/fresh food
compartment, are accessible with an exterior door and the fourth ice
room compartment is a sub compartment and located inside of the
fresh food compartment. Defrost heaters are adopted at three
evaporators (freezer/convertible/ice room) except the fresh food
compartment evaporator and those heaters operate all together at the
same time according to the control logic. So essentially, there is
only one defrost type. Despite these differences of the composition,
Samsung believes that the test procedure, as prescribed in the
waiver granted to Subzero and in the interim waiver granted to LG,
is equally applicable and appropriate.
More specifically, Samsung's residential refrigerator-freezers
that use shared dual compressors can be tested and calculate to a
reasonable result with same test procedure granted to Subzero's
waiver because the test procedure of Subzero's waiver adopt a
multiple defrost system of 1, 2 or more compartment with distinct
defrost system and Samsung's dual units have one defrost system
despite of having four compartments and three defrost heaters as
explained above.
Therefore, Samsung respectfully requests a waiver and an interim
waiver for the alternate test procedure that DOE has already granted
Sub-Zero and LG pertaining to the refrigerator-freezers 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)
Alternate Test Procedure
Replace the multiple defrost system section 5.2.1.4 of Appendix
A1 with the following:
5.2.1.4 Dual Compressor Systems with Automatic Defrost. 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:
[GRAPHIC] [TIFF OMITTED] TN13MR13.003
Where:
1440 = number of minutes in a day
ET is the test cycle energy (kWh/day);
i is the variable that can equal to 1, 2 or more that
identifies the compartment with distinct defrost system;
D is the total number of compartments with distinct defrost
systems;
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 compressor on time between defrosts for only
compartment 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[deg]F (0.6[deg]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[deg]F
(0.6[deg]C) of the EP1 test period temperature average for each
compartment.
Test Period for EP2i, T2i:
[[Page 15945]]
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.
For the reasons that DOE described in its granting of waiver and
interim waiver for Sub-Zero and LG for refrigerator-freezers with
shared dual compressors, Samsung believes that the expeditious granting
of Waiver and Interim Waiver for the model listed below is warranted:
RF32FM
* * * * *
Please feel free to contact me if you have any questions regarding
this Application for 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. 2013-05767 Filed 3-12-13; 8:45 am]
BILLING CODE 6450-01-P