[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Notices]
[Pages 65623-65625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26088]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-032]


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 its 
decision and order in Case No. RF-032 that grants to Samsung 
Electronics America, Inc. (Samsung) a waiver from the DOE electric 
refrigerator and refrigerator-freezer 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 November 1, 2013.

FOR FURTHER INFORMATION CONTACT:

Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies 
Office, Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371, Email: 
[email protected]
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: 
[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 with 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 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).


[[Page 65624]]


    Issued in Washington, DC, on October 28, 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-
032)

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 August 2, 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 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). On January 27, 2011; July 19, 2011; December 14, 2011; 
December 11, 2012; and February 5, 2013, 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), 77 FR 75428 (Dec. 20, 
2012), June 14, 2013 (78 FR 35901), and 78 FR 35898 (June 14, 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 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, 77 FR 75428, 78 FR 35901, and 78 FR 35898. 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-032) 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.

RF28HM*LB**
RF28HM*DB**
RF28HF*DT**
RF28HF*DB**
RF23HC*DT**
RF23HC*DB**
RF25HM*DB**

    (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).

[[Page 65625]]

    (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 August 2, 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 October 28, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-26088 Filed 10-31-13; 8:45 am]
BILLING CODE 6450-01-P