Beruflich Dokumente
Kultur Dokumente
Additional copies of such petitions to refrigerator-freezers, for its combination burdensome to conduct. (42 U.S.C.
intervene or protest also should be filed wine storage-freezer line of appliances. 6293(b)(3)) The test procedure for
directly with Mr. Bruce Barrett, Vice FOR FURTHER INFORMATION CONTACT: Dr. residential refrigerators and refrigerator-
President, Major Projects, British Michael G. Raymond, U.S. Department freezers is contained in 10 CFR part 430,
Columbia Transmission Corp., Suite of Energy, Building Technologies subpart B, Appendix A1. DOE’s
110, Four Bentall Centre, 1055 Program, Mail Stop EE–2J, Forrestal regulations contain provisions that
Dunsmuir Street, P.O. Box 49260, Building, 1000 Independence Avenue, allow a person to petition for a waiver
Vancouver, B.C. V7X 1V5, Canada. SW., Washington, DC 20585–0121, (202) from any test procedure requirement for
Before a Presidential permit may be 586–9611, E-mail: covered consumer products. These
granted or amended, DOE must Michael.Raymond@ee.doe.gov; or provisions are set forth in 10 CFR
determine that the proposed action will Francine Pinto, Esq., U.S. Department of 430.27. The waiver provisions authorize
not adversely impact on the reliability Energy, Office of General Counsel, Mail the Assistant Secretary for Energy
of the U.S. electric power supply Stop GC–72, Forrestal Building, 1000 Efficiency and Renewable Energy to
system. In addition, DOE must consider Independence Avenue, SW., temporarily waive the test procedure for
the environmental impacts of the Washington, DC 20585–0121, (202) 586– a particular basic model, provided that
proposed action (i.e., granting the 9507, E-mail: the petitioner shows that the basic
Presidential permit, with any conditions Francine.Pinto@hq.doe.gov. model contains one or more design
and limitations, or denying the permit) characteristics that prevent testing
SUPPLEMENTARY INFORMATION: In
pursuant to the National Environmental according to the prescribed test
accordance with 10 CFR 430.27(l), procedures, or when the prescribed test
Policy Act of 1969. DOE also must notice is hereby given of the issuance of
obtain the concurrences of the Secretary procedures may evaluate the basic
the Decision and Order set forth below. model in a manner so unrepresentative
of State and the Secretary of Defense In the Decision and Order, the DOE
before taking final action on a of its true energy consumption as to
grants Liebherr a Waiver from the provide materially inaccurate
Presidential permit application. electric refrigerator and electric
Copies of this application will be comparative data. 10 CFR 430.27(l).
refrigerator-freezer test procedures The Assistant Secretary may grant the
made available, upon request, for public under 10 CFR 430.23(a), for its
inspection and copying at the address waiver subject to conditions, including
combination wine storage-freezer adherence to alternate test procedures.1
provided above. In addition, the products. This Waiver is applicable only
application may be reviewed or Petitioners must include in their
to units whose wine storage petition any alternate test procedures
downloaded electronically at http:// compartment occupies more than 50
www.oe.energy.gov/permitting/ known to evaluate the basic model in a
percent of the total volume of the unit manner representative of its energy
electricity_imports_exports.htm. Upon and cannot be converted to any other
reaching the home page, select ‘‘Pending consumption characteristics. 10 CFR
type of compartment. Today’s decision 430.27(b)(1)(iii). Waivers generally
Applications.’’ requires that any representations remain in effect until final test
Issued in Washington, DC, on April 16, concerning the energy efficiency of procedure amendments resolving the
2007. these products are made consistent with problem that is the subject of the waiver
Anthony J. Como, the provisions and restrictions in the become effective.
Director, Siting and Permitting, Office of modified test procedure set forth in the On July 5, 2005, Liebherr submitted a
Electricity Delivery and Energy Reliability. Decision and Order below. Petition for Waiver from the electric
[FR Doc. E7–7753 Filed 4–23–07; 8:45 am] Issued in Washington, DC, on April 9, refrigerator and electric refrigerator-
BILLING CODE 6450–01–P 2007. freezer test procedure under 10 CFR
Alexander A. Karsner, 430.23(a). Liebherr requested a waiver
Assistant Secretary, Energy Efficiency and from the DOE test procedure because,
DEPARTMENT OF ENERGY Renewable Energy. Liebherr asserts, its line of combination
wine storage—freezer models are not
Office of Energy Efficiency and Decision and Order accurately categorized by any of the
Renewable Energy In the Matter of: Liebherr Hausgeräte current DOE classes for residential
(Liebherr). (Case No. RF–006). refrigeration appliances. The Liebherr
[Case No. RF–006]
product is currently classified as an
Background
Energy Conservation Program for automatic defrost refrigerator-freezer
Title III of the Energy Policy and with bottom-mounted freezer. However,
Consumer Products: Decision and
Conservation Act (‘‘EPCA’’) sets forth a the wine storage compartment has a
Order Granting a Waiver to Liebherr
Hausgeräte From the Department of
variety of provisions concerning energy minimum temperature of 41 °F, which
efficiency. Part B of Title III (42 U.S.C. makes the product unsuitable for
Energy Electric Refrigerator and
6291–6309) provides for the ‘‘Energy general use as a refrigerator-freezer.
Electric Refrigerator-Freezer Test
Conservation Program for Consumer Liebherr asserts that to apply the current
Procedures
Products Other Than Automobiles.’’ test procedure for electric refrigerator-
AGENCY: Office of Energy Efficiency and Part B includes definitions, test freezers would evaluate these products
Renewable Energy, Department of procedures, labeling provisions, energy in a manner so unrepresentative of their
Energy. conservation standards, and the true energy consumption characteristics
ACTION: Notice of decision and order. authority to require information and as to provide materially inaccurate
reports from manufacturers. Further, comparative data.
SUMMARY: Today’s notice publishes a Part B authorizes the Secretary of Liebherr has proposed a modified test
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Decision and Order (Case No. RF–006) Energy to prescribe test procedures that procedure based on the one prescribed
granting a waiver to Liebherr Hausgeräte are reasonably designed to produce for electric refrigerator-freezers under
(Liebherr) from the existing Department results which measure energy Appendix A1 to Subpart B of Part 430.
of Energy (DOE) test procedure for efficiency, energy use, or estimated
residential electric refrigerators and operating costs, and that are not unduly 1 10 CFR 430.27(1).
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20334 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Notices
The test procedure for electric Household Refrigerators, Refrigerator- freezer compartment should be used.’’
refrigerator-freezers requires that a Freezers and Freezers.’’ In comparison, (Liebherr Petition, page 3). Generally, it
temperature of 45 °F be maintained in ANSI/AHAM HRF–1–2004 defines the is agreed that 55 °F is the best
the refrigerator compartment; Liebherr’s term ‘‘freezer’’ as ‘‘a cabinet which is temperature for long-term storage of
proposed method uses a temperature of designed for the extended storage of wine. Lower temperatures slow
55 °F in the wine storage compartment, frozen food at an average temperature of maturation, higher temperatures age the
as this is the standard temperature for 0 °F (¥17.8 °C) or below and with wine prematurely. It is therefore
single wine coolers. The freezer inherent capability for freezing of food, reasonable to test the wine storage
compartment of this unit would which has a source of refrigeration, and compartment at 55 °F, rather than the 45
maintain a temperature of 5 °F during which is intended for household use.’’ °F temperature specified for refrigerator-
the test and be treated as the freezer Neither definition prohibits freezers freezers. In DOE’s view, because of the
compartment of an electric refrigerator- from having a compartment for items minimum 41 °F temperature in the wine
freezer. All other portions of Liebherr’s other than frozen food. However, storage compartment, the energy use
proposed test procedures would be neither definition addresses the matter characteristics of models WF 1051 and
identical to the procedures prescribed of a wine storage compartment because, WFI 1051 are not accurately represented
for electric refrigerator-freezers under until now, such types of compartments by the DOE test procedures for
Appendix A1 to subpart B of 10 CFR were used for refrigerating food items, refrigerators, refrigerator-freezers, and
part 430. and therefore such a unit would be freezers. The Department agrees with
On January 13, 2006, DOE published considered a refrigerator-freezer. Liebherr that testing these Liebherr
inr the Federal Register Liebherr’s Further, because freezers are generally products using a wine storage
Petition for Waiver, and solicited used for longer-term storage of food compartment temperature of 55 °F, and
comments, data, and information items than the freezer compartments of a freezer compartment temperature of 5
respecting the petition. 71 FR 2198. electric refrigerator-freezers, the °F, will produce representative energy
DOE received one written comment temperature for a freezer is 0 °F, instead consumption results.
from Whirlpool Corporation (Whirlpool) of 5 °F for an electric refrigerator- DOE consulted with the Federal Trade
dated February 14, 2006. Whirlpool freezer. Because the majority of the Commission (FTC) concerning the
acknowledged that the test procedures volume of Liebherr’s combination Liebherr petition. The FTC did not have
proposed by Liebherr are a reasonable product is configured for wine storage, any objections to the issuance of the
means to determine energy DOE agrees with Liebherr that 5 °F is waiver to Liebherr. DOE also consulted
consumption for this product line, but the proper test temperature for the with the National Institute of Standards
argued that the product better meets the freezer compartment. & Technology (NIST), who agreed that
definition of a freezer. According to The National Institute of Standards the proposed alternate test method is a
Whirlpool, Liebherr’s combination wine and Technology (NIST) reviewed the reasonable one.
storage-freezer appliance resembles an Petition for Waiver, the comment
electric freezer under the definition of submitted by Whirlpool, and the Conclusion
‘‘freezer’’ in 10 CFR 430.2, and should rebuttal submitted by Liebherr, and After careful consideration of all the
be tested with a modified version of the believes that the modified test material that Liebherr submitted, the
procedures for freezers in Appendix B1 procedure proposed by Liebherr is a comments received, and the review by
to Subpart B of Part 430-Uniform Test reasonable method to test these units, NIST, it is ordered that:
Method for Measuring the Energy provided that Liebherr meets the (1) The ‘‘Petition for Waiver’’ filed by
Consumption of Freezers. The following two conditions: the wine Liebherr Hausgerte (Liebherr) (Case No.
difference between the DOE test storage compartment of these products RF–006) is hereby granted as set forth in
procedure for refrigerator-freezers and shall not be capable of being converted paragraph (2) below.
Liebherr’s modified test procedure is into any other type of compartment, and (2) Liebherr shall test or rate its
that the DOE test procedure requires the the wine storage compartment of these combination wine storage-freezer
freezer compartment temperature be products must account for at least 50 products listed below using the
maintained at 0 °F, instead of 5 °F, as percent of the total volume of the unit. modified version of the electric
proposed by Liebherr. Liebherr NIST concluded that the combination refrigerator-freezer energy test
submitted its rebuttal to Whirlpool’s wine storage-freezer line of appliances procedure proposed by Liebherr,
comment on June 30, 2006, which stated addressed under Liebherr’s Petition for specifically, with a wine storage
that classifying these appliances as Waiver meets both of these criteria. compartment temperature of 55 °F, and
electric freezers would be misleading a freezer compartment temperature of 5
Assertions and Determinations
because the majority of the volume °F. The wine storage compartment of
within these appliances is designated Liebherr’s Petition for Waiver asserts units tested by this method must not be
for wine storage. that there is not a current DOE test convertible to any other type of
DOE’s regulations define the term procedure for a combination wine compartment, and must account for
‘‘freezer’’ as ‘‘a cabinet designed as a storage-freezer, and thus the current test 50% or more of the total volume:
unit for the freezing and storage of food procedures would not measure the Combination Wine Freezer models:
at temperatures of 0 F or below, and energy consumption in a representative WF 1051, combination wine storage/
having a source of refrigeration manner. 71 FR 2199 (January 13, 2006). freezer.
requiring single phase, alternating Liebherr asserts that its models WF 1051 WFI 1051, combination wine storage/
electric energy input only.’’ 10 CFR and WFI 1051 do not fit into the current freezer.
430.2. DOE understands that this test procedures, and that ‘‘to evaluate (3) These combination wine storage/
definition is an abridged version of the the models in a representative manner freezer products use a modified version
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definition in the American National of its true energy consumption of the test procedure for refrigerator-
Standards Institute (ANSI)/Association characteristics the standard temperature freezers based on an elevated
of Home Appliance Manufacturers of single wine coolers (55 °F) for the temperature in one of the
(AHAM) Standard HRF–1–2004, wine storage compartment and the compartments, and therefore do not
‘‘Energy, Performance and Capacity of standard temperature (5 °F) for the conform to any of the current DOE
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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Notices 20335
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