[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15937-15941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05771]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-027]
Notice of 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 grant of interim
waiver, and request for comments.
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SUMMARY: This notice announces receipt of a petition for waiver from
Samsung Electronics America, Inc. (Samsung) regarding specified
portions of the U.S. Department of Energy (DOE) test procedure for
determining the energy consumption of electric refrigerators and
refrigerator-freezers. In its petition, Samsung provides an alternate
test procedure that is the same as the test procedure DOE published in
a final rule setting out testing requirements for manufacturers to
follow starting in 2014. DOE solicits comments, data, and information
concerning Samsung's petition and the suggested alternate test
procedure. Today's notice also grants Samsung an interim waiver from
the electric refrigerator and refrigerator-freezer test procedure,
subject to use of the alternative test procedure set forth in this
notice.
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-
027,'' 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-027) 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.
[[Page 15938]]
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 waivers and
rulemakings regarding similar refrigerator-freezer products. 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 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
electric refrigerators and 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 and Application for Interim
Waiver
On February 5, 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 test procedure provisions for products with long time or
variable defrost DOE published in a final rule (77 FR 3559, 3564-3565,
January 25, 2012). These provisions were placed in appendix A, which is
not required for use until September 15, 2014, and not in the current
appendix A1 test procedure. On January 27, July 19, and December 14,
2011, 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) and 77 FR 75428 (Dec. 20, 2012).
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. 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 has
determined, however, that it is likely Samsung's petition will be
granted, and that it is desirable for public policy reasons to grant
Samsung relief pending a determination on the petition. Previously, DOE
granted a waiver to Samsung for other basic models incorporating
multiple defrost technology (77 FR 1474, Jan. 10, 2012 and 77 FR 75428,
Dec. 20, 2012), and DOE has determined that it is desirable to have
similar basic models tested in a consistent manner.
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 final rule
referenced above. 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 that
manufacturers of these products are required to use in 2014.
For the reasons stated above, DOE grants Samsung's application for
interim waiver from testing of its refrigerator-freezer product line
containing multiple defrost cycles. Therefore, it is ordered that:
[[Page 15939]]
The application for interim waiver filed by Samsung is hereby
granted for the specified Samsung refrigerator-freezer basic model that
incorporates multiple defrost cycles, subject to the specifications and
conditions below. Samsung shall be required to test or rate the
specified refrigerator-freezer product according to the alternate test
procedure as set forth in section III, ``Alternate Test Procedure.''
The interim waiver applies to the following basic model:
RS27FD*****
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 subsequent
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 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, Samsung shall include the
following:
1. In section 1, Definitions, the following definition:
``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:
4.2.1 Long-time Automatic Defrost. If the model being tested has a
long-time automatic defrost system, the two-part test described in this
section may 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 (section 4.1). 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.
4.2.1.1 Cycling Compressor System. For a system with a cycling
compressor, the second part of the test starts at the termination of
the last regular compressor ``on'' cycle. The average temperatures of
the fresh food and freezer compartments measured from the termination
of the previous compressor ``on'' cycle to the termination of the last
regular compressor ``on'' cycle must both be within 0.5 [deg]F (0.3
[deg]C) of their average temperatures measured for the first part of
the test. If any compressor cycles occur prior to the defrost heater
being energized that cause the average temperature in either
compartment to deviate from its average temperature for the first part
of the test by more than 0.5 [deg]F (0.3 [deg]C), these compressor
cycles are not considered regular compressor cycles and must be
included in the second part of the test. As an example, a
``precooling'' cycle, which is an extended compressor cycle that lowers
the temperature(s) of one or both compartments prior to energizing the
defrost heater, must be included in the second part of the test. The
test period for the second part of the test ends at the termination of
the first regular compressor ``on'' cycle after both compartment
temperatures have fully recovered to their stable conditions. The
average temperatures of the compartments measured from this termination
of the first regular compressor ``on'' cycle until the termination of
the next regular compressor ``on'' cycle must both be within 0.5 [deg]F
(0.3 [deg]C) of their average temperatures measured for the first part
of the test. See Figure 1.
Billing Code 6450-01-P
[[Page 15940]]
[GRAPHIC] [TIFF OMITTED] TN13MR13.000
4.2.4 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. The two-part method in 4.2.1 shall be
used. The second part of the method will be conducted separately for
each distinct defrost cycle type.
3. In section 5, Test Measurements, the following:
5.2.1.5 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] TN13MR13.001
Where:
1440 is defined in 5.2.1.1 and EP1, T1, and 12 are defined in
5.2.1.2; i is a variable that can equal 1, 2, or more that
identifies the distinct defrost cycle types applicable for the
refrigerator or refrigerator-freezer;
EP2i = energy expended in kilowatt-hours during the
second part of the test for defrost cycle type i;
T2i = length of time in minutes of the second part of the
test for defrost cycle type i;
CTi is the compressor run time between instances of
defrost cycle type i, for long-time automatic defrost control equal
to a fixed time in hours rounded to the nearest tenth of an hour,
and for variable defrost control equal to
(CTLi x CTMi)/(F x (CTMi -
CTLi) + CTLi);
CTLi = least or shortest compressor run time between
instances of defrost cycle type i in hours rounded to the nearest
tenth of an hour (CTL for the defrost cycle type with the
longest compressor run time between defrosts must be greater than or
equal to 6 but less than or equal to 12 hours);
CTMi = maximum compressor run time between instances of
defrost cycle type i in hours rounded to the nearest tenth of an
hour (greater than CTLi but not more than 96 hours);
For cases in which there are more than one fixed CT value (for long-
time defrost models) or more than one CTM and/or
CTL value (for variable defrost models) for a given
defrost cycle type, an average fixed CT value or average
CTM and CTL values shall be selected for this
cycle type so that 12 divided by this value or values is the
frequency of occurrence of the defrost cycle type in a 24 hour
period, assuming 50% compressor run time.
F = default defrost energy consumption factor, equal to 0.20.
For variable defrost models with no values for CTLi and
CTMi in the algorithm, the default values of 6 and 96
shall be used, respectively.
D is the total number of distinct defrost cycle types.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of Samsung's petition
[[Page 15941]]
for waiver from certain parts of the test procedure that apply to
refrigerator-freezers and grants an interim waiver to Samsung. DOE is
publishing Samsung's petition for waiver in its entirety pursuant to 10
CFR 430.27(b)(1)(iv). The petition contains no confidential
information. The petition includes a suggested alternate test procedure
to measure the energy consumption of refrigerator-freezer basic models
that incorporate multiple defrost cycles.
DOE solicits comments from interested parties on all aspects of the
petition. 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.
February 5, 2013
Dr. David Danielson
Energy Efficiency and Renewable Energy
Department of Energy
1000 Independence Avenue SW.
Washington, DC 20585
Dear Assistant Secretary Danielson:
Samsung Electronics America, Inc. (``Samsung'') respectfully
submits this Application for Interim Waiver and Petition for Waiver to
the Department of Energy (``DOE'' or ``the Department'') for Samsung's
compressor refrigerator-freezers with multiple defrost cycles.
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
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\ and subsequently granted the waiver on January 10, 2012
(77 FR 1474). Additionally, DOE communicated that all manufacturers
planning on marketing refrigerator-freezers with multiple defrost
cycles must seek a waiver from the Department.\3\
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\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.
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For the reasons that DOE described in its granting of waiver (77 FR
1474) for Samsung refrigerator freezers with multiple defrost cycles,
Samsung believes that the granting of Interim Waiver and Waiver for the
models listed below are warranted.
Request
Samsung requests that the alternate test procedure for
refrigerators with multiple defrost cycles, as prescribed in the waiver
(77 FR 1474) and in the interim waiver (77 FR 13109) granted to
Samsung, be granted for the following basic Samsung refrigerator-
freezer with multiple defrost cycles models:
RS27FD*****
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. 2013-05771 Filed 3-12-13; 8:45 am]
BILLING CODE 6450-01-P