[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35899-35901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14166]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-026]
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 the
decision and order (Case No. RF-026) that grants to Samsung Electronics
America, Inc. (Samsung) a waiver from the DOE electric refrigerator and
refrigerator-freezer test procedures for the basic models set forth in
its petition for waiver. In its petition, Samsung provides an alternate
test procedure to address the difficulties in testing dual compressor
systems using the currently applicable DOE test procedure. Under
today's decision and order, Samsung shall be required to test and rate
these refrigerator-freezers using an alternate test procedure that
takes dual compressors into account when measuring energy consumption.
DATES: This Decision and Order is effective June 14, 2013.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building
Technologies Program, 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
[[Page 35900]]
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 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 dual compressors, 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 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 June 7, 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-026)
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Pub. L. 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, it 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 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 because it was designing new refrigerator-freezers that incorporate
a dual compressor design. Samsung sought 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 the company's dual compressor products. In its petition,
Samsung set forth an alternate test procedure and noted 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 a similar waiver to
LG. See 77 FR 44603 (July 30, 2012) (interim waiver) and 78 FR 18327
(March 26, 2013) (Decision and Order). While Samsung has acknowledged
that its products are different from the ones addressed by the Sub-Zero
waiver in that they feature a different number of evaporators and
defrost heaters, Samsung asserts that the procedure outlined in the
Sub-Zero waiver will provide a representative measurement of the energy
use of its products. 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).
DOE has determined that it is desirable to have similar basic
models, such as those addressed by this most recent Samsung petition,
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 DOE's consultation with the FTC staff, it is ordered
that:
(1) The petitions for waiver submitted by the Samsung Electronics
America, Inc. (Case No. RF-026) are hereby granted as set forth in the
paragraphs in this section.
(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.
RF32FM*****
(3) Samsung shall be required to test the product listed in
paragraph (2) of this section according to the test procedures for
electric refrigerator-freezers prescribed by DOE at 10 CFR part 430,
appendix A1, except that, for the Samsung products listed in paragraph
(2) only, replace section
[[Page 35901]]
5.2.1.4 of appendix A1, with the following:
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] TN14JN13.000
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]
(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 January 7, 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 June 7, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2013-14166 Filed 6-13-13; 8:45 am]
BILLING CODE 6450-01-P