[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54456-54459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22399]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-019]
Petition for Waiver and Notice of Granting the Application for
Interim Waiver of Samsung from the Department of Energy Residential
Refrigerator and Refrigerator-Freezer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver and Request for Public Comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes the Samsung
Electronics America, Inc. (Samsung) petition for waiver (hereafter,
``petition'') from specified portions of the U.S. Department of Energy
(DOE) test procedure for determining the energy consumption of electric
refrigerators and refrigerator-freezers. The waiver request pertains to
certain basic models in Samsung's product lines that incorporate
multiple defrost cycles. In its petition, Samsung provides an alternate
test procedure that is the same as the test procedure DOE published in
an interim final rule. DOE solicits comments, data, and information
concerning Samsung's petition and the suggested alternate test
procedure. DOE also publishes notice of the grant of an interim waiver
to Samsung.
DATES: DOE will accept comments, data, and information with respect to
the Samsung Petition until, but no later than October 3, 2011.
ADDRESSES: You may submit comments, identified by case number ``RF-
019,'' by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected] Include the case
number [Case No. RF-017] 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, 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., (Resource Room of the Building Technologies
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4
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 regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail:
[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. E-
mail: [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,
[[Page 54457]]
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 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 automatic electric
refrigerators and refrigerator-freezers is contained in 10 CFR part
430, subpart B, appendix A1.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
part B was re-designated part A.
---------------------------------------------------------------------------
DOE's regulations for covered products contain provisions allowing
a person to seek a waiver for a particular basic model from the test
procedure requirements 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. 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).
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. Petition for Waiver of Test Procedure
On July 19, 2011, Samsung filed a petition for waiver for new
refrigerator-freezer models 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 DOE published in an
interim final rule (75 FR 78810, December 16, 2010). On January 27,
2011, Samsung had filed a similar petition for waiver and request for
interim waiver for other basic models of refrigerator-freezers that
incorporate multiple defrost cycles.
III. Application for Interim Waiver
Samsung also requests an interim waiver from the existing DOE test
procedure. Under 10 CFR 430.27(b)(2), each application for interim
waiver must demonstrate likely success of the Petition for Waiver and
address the economic hardship and/or competitive disadvantage that is
likely to result absent a favorable determination on the application
for interim waiver.'' 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. 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 understands,
however, that absent an interim waiver, Samsung's products would not be
accurately tested and rated for energy consumption because the current
energy test procedure does not include test procedures for products
with multiple defrost cycle types. Therefore, it appears likely that
Samsung's petition for waiver will be granted. In addition, it is
desirable for public policy reasons to grant immediate relief pending a
decision on the petition for waiver. DOE previously granted a waiver to
Samsung for other basic models incorporating multiple defrost
technology. In addition, DOE's test procedure interim final rule would
resolve the technical issues in this waiver, but use of the test
procedure would not be required until the compliance date of any
amended standards (approximately 2014). (75 FR 78810, December 16,
2010).
For the reasons stated above, DOE grants Samsung's application for
interim waiver from testing of its refrigerator-freezer product line
containing relative humidity sensors and adaptive control anti-sweat
heaters. 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 multiple defrost cycles subject to the specifications and
conditions below.
1. Samsung shall not be required to test or rate its refrigerator-
freezer product lines that incorporate multiple defrost cycles on the
basis of the test procedure under 10 CFR part 430 subpart B, appendix
A1.
2. Samsung shall be required to test and rate its refrigerator-
freezer product line containing relative humidity sensors and adaptive
control anti-sweat heaters according to the alternate test procedure as
set forth in section IV, ``Alternate test procedure.''
The interim waiver applies to the following basic model groups:
------------------------------------------------------------------------
------------------------------------------------------------------------
DFSF9VKB**** GFSF6PKB**** GFSS6PKB****
GFSF6PKBBB GFSS6PKBSS GFSF6PKBWW
DFSS9VKB****
------------------------------------------------------------------------
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 grant of an interim waiver or waiver does not
[[Page 54458]]
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.
IV. Alternate Test Procedure
For the duration of the interim waiver, Samsung shall be required
to 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:
1. In section 1, Definitions, the following definition at the end:
``Defrost cycle type'' means a distinct sequence of control whose
function is to remove frost and/or ice from a refrigerated surface.
There may be variations in the defrost control sequence such as the
number of defrost heaters energized. Each such variation establishes a
separate distinct defrost cycle type. However, defrost achieved
regularly during the compressor off-cycles by warming of the evaporator
without active heat addition is not a defrost cycle type.
2. In section 4, Test Period, the following at the end:
Systems with Multiple Defrost Frequencies. This section applies to
models with long-time automatic or variable defrost control with
multiple defrost cycle types, such as models with single compressors
and multiple evaporators in which the evaporators have different
defrost frequencies. A two-part method shall be used. The first part is
a stable period of compressor operation that includes no portions of
the defrost cycle, such as precooling or recovery, that is otherwise
the same as the test for a unit having no defrost provisions. The
second part is designed to capture the energy consumed during all of
the events occurring with the defrost control sequence that are outside
of stable operation, and will be conducted separately for each distinct
defrost cycle type. For defrost cycle types involving the defrosting of
both fresh food and freezer compartments, the freezer compartment
temperature shall be used to determine test period start and stop
times.
3. In section 5, Test Measurements, the following at the end:
Long-time or Variable Defrost Control for Systems with Multiple
Defrost cycle Types.
The energy consumption in kilowatt-hours per day shall be
calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TN01SE11.009
V. 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
new line of refrigerator-freezers with multiple defrost cycles 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 and calculation methodology to
determine the energy consumption of Samsung's specified refrigerator-
freezers with multiple defrost cycles. Samsung is required to follow
this alternate 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., 18600 Broadwick St., Rancho Dominguez, CA
90220. 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).
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies to DOE: one copy of the document
including all the information believed to be confidential, and one copy
of the document with the information believed to be confidential
deleted. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Issued in Washington, DC, on August 25, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
July 19, 2011
Dr. Henry Kelly
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue, SW., Washington, DC 20585
Dear Assistant Secretary Kelly:
Samsung Electronics America, Inc. (``Samsung'') respectfully
submits this request Application for Interim Waiver and Petition for
Waiver to the Department of Energy (``DOE'' or ``the Department'') for
single compressor refrigerator-freezers with multiple defrost cycles
that are manufactured by Samsung.
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
upon the grounds that the basic model contains one or more design
characteristics which either prevent testing of the basic model
according to the prescribed test procedures, or the prescribed test
[[Page 54459]]
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 Part 430 (``Appendix A1'') do not adequately provide a way for
Samsung to accurately represent the energy consumption of its
refrigerator-freezers with multiple defrost cycles. DOE concurred with
Samsung's understanding in the interim waiver granted to Samsung in 76
FR 16760.\2\ Additionally, DOE communicated that all manufacturers
planning on marketing refrigerator-freezers with multiple defrost
cycles must seek a waiver from the Department.\3\
---------------------------------------------------------------------------
\2\ DOE understands, however, that absent an interim waiver,
Samsung's products would not be accurately tested and rated for
energy consumption because the current energy test procedure does
not include test procedures for products with multiple defrost cycle
types.
\3\ Until these amendments are required in conjunction with the
2014 standards, manufacturers introducing products equipped with
multiple defrost cycle types should, consistent with 10 CFR 430.27,
petition for a waiver since the modified version of Appendix A1 set
out in today's notice will not include a specified method for
capturing this energy usage.
---------------------------------------------------------------------------
Request
In 75 FR 78810 (December 16, 2010), DOE issued an interim final
rule for Appendix A (``Appendix A''), that effectively addresses test
methodologies for refrigerator-freezers with multiple defrost cycles.
Samsung requests that the Appendix A test methodology be expeditiously
granted for Samsung refrigerator-freezers with multiple defrost cycles.
Meanwhile, Samsung believes for the time being that the existing energy
efficiency limits are adequate. Samsung therefore does not seek an
alternate energy efficiency limit for these models at this time.
Samsung requests that the efficient limits under Sec. 430.32(a) are
applied to the following Samsung manufactured basic models:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
DFSF9VKB**** GFSF6PKB**** GFSS6PKB****
GFSF6PKBBB GFSS6PKBSS GFSF6PKBWW
DFSS9VKB****
----------------------------------------------------------------------------------------------------------------
Please feel free to contact me if you have any questions regarding
this 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. 2011-22399 Filed 8-31-11; 8:45 am]
BILLING CODE 6450-01-P