[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Notices]
[Pages 9896-9897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03694]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-034]
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-034 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 February 21, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Office, Mailstop EE-5B, 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).
Issued in Washington, DC, on February 12, 2014.
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-
034)
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 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)) 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 September 23, 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). Samsung has submitted similar petitions for waiver and
requests for interim waiver for other basic models of refrigerator-
freezers that incorporate
[[Page 9897]]
multiple defrost cycles. DOE subsequently granted a waiver for the
products specified in these petitions. See 77 FR 1474 (Jan. 10, 2012),
77 FR 75428 (Dec. 20, 2012), 78 FR 35901 (June 14, 2013), 78 FR 35898
(June 14, 2013), and 78 FR 65623 (Nov. 1, 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 responding to the earlier 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 78809 (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 found in 10 CFR
part 430, subpart B, appendix A1 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, 78 FR 35898, and 78 FR 65623. 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 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-034) are hereby granted as set forth in the
paragraphs below.
(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.
RS22HD*PN**
(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 and accurate. 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 September 23, 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 February 12, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2014-03694 Filed 2-20-14; 8:45 am]
BILLING CODE 6450-01-P