Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Liebherr Hausgeräte From the Department of Energy Electric Refrigerator and Electric Refrigerator-Freezer Test Procedures, 20333-20335 [E7-7757]
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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Notices
Additional copies of such petitions to
intervene or protest also should be filed
directly with Mr. Bruce Barrett, Vice
President, Major Projects, British
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Vancouver, B.C. V7X 1V5, Canada.
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Issued in Washington, DC, on April 16,
2007.
Anthony J. Como,
Director, Siting and Permitting, Office of
Electricity Delivery and Energy Reliability.
[FR Doc. E7–7753 Filed 4–23–07; 8:45 am]
Issued in Washington, DC, on April 9,
2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Decision and Order
¨
In the Matter of: Liebherr Hausgerate
(Liebherr). (Case No. RF–006).
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–006]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Liebherr
¨
Hausgerate From the Department of
Energy Electric Refrigerator and
Electric Refrigerator-Freezer Test
Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: Today’s notice publishes a
Decision and Order (Case No. RF–006)
¨
granting a waiver to Liebherr Hausgerate
(Liebherr) from the existing Department
of Energy (DOE) test procedure for
residential electric refrigerators and
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18:32 Apr 23, 2007
Jkt 211001
refrigerator-freezers, for its combination
wine storage-freezer line of appliances.
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, (202)
586–9611, E-mail:
Michael.Raymond@ee.doe.gov; or
Francine Pinto, Esq., U.S. Department of
Energy, Office of General Counsel, Mail
Stop GC–72, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
9507, E-mail:
Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with 10 CFR 430.27(l),
notice is hereby given of the issuance of
the Decision and Order set forth below.
In the Decision and Order, the DOE
grants Liebherr a Waiver from the
electric refrigerator and electric
refrigerator-freezer test procedures
under 10 CFR 430.23(a), for its
combination wine storage-freezer
products. This Waiver is applicable only
to units whose wine storage
compartment occupies more than 50
percent of the total volume of the unit
and cannot be converted to any other
type of compartment. Today’s decision
requires that any representations
concerning the energy efficiency of
these products are made consistent with
the provisions and restrictions in the
modified test procedure set forth in the
Decision and Order below.
Background
Title III of the Energy Policy and
Conservation Act (‘‘EPCA’’) sets forth a
variety of provisions concerning energy
efficiency. Part B of Title III (42 U.S.C.
6291–6309) provides for the ‘‘Energy
Conservation Program for Consumer
Products Other Than Automobiles.’’
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 energy
efficiency, energy use, or estimated
operating costs, and that are not unduly
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20333
burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for
residential refrigerators and refrigeratorfreezers is contained in 10 CFR part 430,
subpart B, Appendix A1. DOE’s
regulations contain provisions that
allow a person to petition for a waiver
from any test procedure requirement for
covered consumer products. These
provisions are set forth in 10 CFR
430.27. The waiver provisions authorize
the Assistant Secretary for Energy
Efficiency and Renewable Energy to
temporarily waive the test procedure for
a particular basic model, provided that
the petitioner shows that the basic
model contains one or more design
characteristics that prevent testing
according to the prescribed test
procedures, or when the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption as to
provide materially inaccurate
comparative data. 10 CFR 430.27(l).
The Assistant Secretary may grant the
waiver subject to conditions, including
adherence to alternate test procedures.1
Petitioners must include in their
petition any alternate test procedures
known to evaluate the basic model in a
manner representative of its energy
consumption characteristics. 10 CFR
430.27(b)(1)(iii). Waivers generally
remain in effect until final test
procedure amendments resolving the
problem that is the subject of the waiver
become effective.
On July 5, 2005, Liebherr submitted a
Petition for Waiver from the electric
refrigerator and electric refrigeratorfreezer test procedure under 10 CFR
430.23(a). Liebherr requested a waiver
from the DOE test procedure because,
Liebherr asserts, its line of combination
wine storage—freezer models are not
accurately categorized by any of the
current DOE classes for residential
refrigeration appliances. The Liebherr
product is currently classified as an
automatic defrost refrigerator-freezer
with bottom-mounted freezer. However,
the wine storage compartment has a
minimum temperature of 41 °F, which
makes the product unsuitable for
general use as a refrigerator-freezer.
Liebherr asserts that to apply the current
test procedure for electric refrigeratorfreezers would evaluate these products
in a manner so unrepresentative of their
true energy consumption characteristics
as to provide materially inaccurate
comparative data.
Liebherr has proposed a modified test
procedure based on the one prescribed
for electric refrigerator-freezers under
Appendix A1 to Subpart B of Part 430.
1 10
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CFR 430.27(1).
24APN1
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20334
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Notices
The test procedure for electric
refrigerator-freezers requires that a
temperature of 45 °F be maintained in
the refrigerator compartment; Liebherr’s
proposed method uses a temperature of
55 °F in the wine storage compartment,
as this is the standard temperature for
single wine coolers. The freezer
compartment of this unit would
maintain a temperature of 5 °F during
the test and be treated as the freezer
compartment of an electric refrigeratorfreezer. All other portions of Liebherr’s
proposed test procedures would be
identical to the procedures prescribed
for electric refrigerator-freezers under
Appendix A1 to subpart B of 10 CFR
part 430.
On January 13, 2006, DOE published
inr the Federal Register Liebherr’s
Petition for Waiver, and solicited
comments, data, and information
respecting the petition. 71 FR 2198.
DOE received one written comment
from Whirlpool Corporation (Whirlpool)
dated February 14, 2006. Whirlpool
acknowledged that the test procedures
proposed by Liebherr are a reasonable
means to determine energy
consumption for this product line, but
argued that the product better meets the
definition of a freezer. According to
Whirlpool, Liebherr’s combination wine
storage-freezer appliance resembles an
electric freezer under the definition of
‘‘freezer’’ in 10 CFR 430.2, and should
be tested with a modified version of the
procedures for freezers in Appendix B1
to Subpart B of Part 430-Uniform Test
Method for Measuring the Energy
Consumption of Freezers. The
difference between the DOE test
procedure for refrigerator-freezers and
Liebherr’s modified test procedure is
that the DOE test procedure requires the
freezer compartment temperature be
maintained at 0 °F, instead of 5 °F, as
proposed by Liebherr. Liebherr
submitted its rebuttal to Whirlpool’s
comment on June 30, 2006, which stated
that classifying these appliances as
electric freezers would be misleading
because the majority of the volume
within these appliances is designated
for wine storage.
DOE’s regulations define the term
‘‘freezer’’ as ‘‘a cabinet designed as a
unit for the freezing and storage of food
at temperatures of 0 F or below, and
having a source of refrigeration
requiring single phase, alternating
electric energy input only.’’ 10 CFR
430.2. DOE understands that this
definition is an abridged version of the
definition in the American National
Standards Institute (ANSI)/Association
of Home Appliance Manufacturers
(AHAM) Standard HRF–1–2004,
‘‘Energy, Performance and Capacity of
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18:32 Apr 23, 2007
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Household Refrigerators, RefrigeratorFreezers and Freezers.’’ In comparison,
ANSI/AHAM HRF–1–2004 defines the
term ‘‘freezer’’ as ‘‘a cabinet which is
designed for the extended storage of
frozen food at an average temperature of
0 °F (¥17.8 °C) or below and with
inherent capability for freezing of food,
which has a source of refrigeration, and
which is intended for household use.’’
Neither definition prohibits freezers
from having a compartment for items
other than frozen food. However,
neither definition addresses the matter
of a wine storage compartment because,
until now, such types of compartments
were used for refrigerating food items,
and therefore such a unit would be
considered a refrigerator-freezer.
Further, because freezers are generally
used for longer-term storage of food
items than the freezer compartments of
electric refrigerator-freezers, the
temperature for a freezer is 0 °F, instead
of 5 °F for an electric refrigeratorfreezer. Because the majority of the
volume of Liebherr’s combination
product is configured for wine storage,
DOE agrees with Liebherr that 5 °F is
the proper test temperature for the
freezer compartment.
The National Institute of Standards
and Technology (NIST) reviewed the
Petition for Waiver, the comment
submitted by Whirlpool, and the
rebuttal submitted by Liebherr, and
believes that the modified test
procedure proposed by Liebherr is a
reasonable method to test these units,
provided that Liebherr meets the
following two conditions: the wine
storage compartment of these products
shall not be capable of being converted
into any other type of compartment, and
the wine storage compartment of these
products must account for at least 50
percent of the total volume of the unit.
NIST concluded that the combination
wine storage-freezer line of appliances
addressed under Liebherr’s Petition for
Waiver meets both of these criteria.
Assertions and Determinations
Liebherr’s Petition for Waiver asserts
that there is not a current DOE test
procedure for a combination wine
storage-freezer, and thus the current test
procedures would not measure the
energy consumption in a representative
manner. 71 FR 2199 (January 13, 2006).
Liebherr asserts that its models WF 1051
and WFI 1051 do not fit into the current
test procedures, and that ‘‘to evaluate
the models in a representative manner
of its true energy consumption
characteristics the standard temperature
of single wine coolers (55 °F) for the
wine storage compartment and the
standard temperature (5 °F) for the
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freezer compartment should be used.’’
(Liebherr Petition, page 3). Generally, it
is agreed that 55 °F is the best
temperature for long-term storage of
wine. Lower temperatures slow
maturation, higher temperatures age the
wine prematurely. It is therefore
reasonable to test the wine storage
compartment at 55 °F, rather than the 45
°F temperature specified for refrigeratorfreezers. In DOE’s view, because of the
minimum 41 °F temperature in the wine
storage compartment, the energy use
characteristics of models WF 1051 and
WFI 1051 are not accurately represented
by the DOE test procedures for
refrigerators, refrigerator-freezers, and
freezers. The Department agrees with
Liebherr that testing these Liebherr
products using a wine storage
compartment temperature of 55 °F, and
a freezer compartment temperature of 5
°F, will produce representative energy
consumption results.
DOE consulted with the Federal Trade
Commission (FTC) concerning the
Liebherr petition. The FTC did not have
any objections to the issuance of the
waiver to Liebherr. DOE also consulted
with the National Institute of Standards
& Technology (NIST), who agreed that
the proposed alternate test method is a
reasonable one.
Conclusion
After careful consideration of all the
material that Liebherr submitted, the
comments received, and the review by
NIST, it is ordered that:
(1) The ‘‘Petition for Waiver’’ filed by
Liebherr Hausgerte (Liebherr) (Case No.
RF–006) is hereby granted as set forth in
paragraph (2) below.
(2) Liebherr shall test or rate its
combination wine storage-freezer
products listed below using the
modified version of the electric
refrigerator-freezer energy test
procedure proposed by Liebherr,
specifically, with a wine storage
compartment temperature of 55 °F, and
a freezer compartment temperature of 5
°F. The wine storage compartment of
units tested by this method must not be
convertible to any other type of
compartment, and must account for
50% or more of the total volume:
Combination Wine Freezer models:
WF 1051, combination wine storage/
freezer.
WFI 1051, combination wine storage/
freezer.
(3) These combination wine storage/
freezer products use a modified version
of the test procedure for refrigeratorfreezers based on an elevated
temperature in one of the
compartments, and therefore do not
conform to any of the current DOE
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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Notices
refrigerator or refrigerator-freezer
classes. They are therefore not eligible
for ratings under EnergyStar.
(4) Representations. Liebherr may
make representations about the energy
use of its wine storage/freezer products,
for compliance, marketing, or other
purposes, only to the extent that such
representations are made consistent
with the provisions outlined below.
(5) This waiver shall remain in effect
from the date this Decision and Order is
issued until DOE prescribes final test
procedures appropriate to the above
model series manufactured by Liebherr.
(6) This waiver is conditioned upon
the presumed validity of statements,
representations, and documentary
materials provided by the petitioner.
This waiver may be revoked or modified
at any time upon a determination that
the factual basis underlying the petition
is incorrect, or DOE determines that the
results from the modified test procedure
are unrepresentative of the basic
models’ true energy consumption
characteristics.
Issued in Washington, DC, on April 9,
2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E7–7757 Filed 4–23–07; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8304–4]
Agency Information Collection
Activities OMB Responses
Environmental Protection
Agency (EPA).
ACTION: Notice.
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SUMMARY: This document announces the
Office of Management and Budget’s
(OMB) responses to Agency Clearance
requests, in compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.). An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
The OMB control numbers for EPA’s
regulations are listed in 40 CFR part 9
and 48 CFR chapter 15.
FOR FURTHER INFORMATION CONTACT:
Susan Auby (202) 566–1672, or e-mail at
auby.susan@epa.gov and please refer to
the appropriate EPA Information
Collection Request (ICR) Number.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
18:32 Apr 23, 2007
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OMB Responses to Agency Clearance
Requests
ENVIRONMENTAL PROTECTION
AGENCY
OMB Approvals
[EPA–HQ–OAR–2006–0741; FRL–8304–5]
EPA ICR No. 0278.09; Notice of
Supplemental Distribution of a
Registered Pesticide Product; in 40 CFR
152.132; was approved 03/27/2007;
OMB Number 2070–0044; expires 03/
31/2010.
EPA ICR No. 1739.05; NESHAP for
the Printing and Publishing Industry
(Renewal); in 40 CFR part 63, subpart
KK; was approved 03/19/2007; OMB
Number 2060–0335; expires 03/31/2010.
EPA ICR No. 2098.03; NESHAP for
Primary Magnesium Refining (Renewal);
in 40 CFR part 63, subpart TTTTT; was
approved 03/12/2007; OMB Number
2060–0536; expires 03/31/2010.
Agency Information Collection
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Review and Approval; Comment
Request; Emission Control System
Performance Warranty Regulations
and Voluntary Aftermarket Part
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ICR No. 0116.08, OMB Control No.
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Short Term Extensions
EPA ICR No. 1713.05; Federal
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OMB extended the expiration date
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EPA ICR No. 1587.06; State Operating
Permits Regulations (Renewal); in 40
CFR part 70; OMB Number 2060–0243;
on 03/13/2007 OMB extended the
expiration date through 06/30/2007.
EPA ICR No. 1698.06; Reporting and
Recordkeeping Requirements Under
EPA’s Waste Wise Program (Renewal);
OMB Number 2050–0139; on 04/11/
2007 OMB extended the expiration
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Comment Filed
AGENCY:
20335
EPA ICR No. 1899.04; NSPS for
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Incinerators (Proposed Rule); in 40 CFR
part 60, subpart Ce; OMB Number 2060–
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2007.
Dated: April 12, 2007.
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Acting Director, Collection Strategies
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[FR Doc. E7–7773 Filed 4–23–07; 8:45 am]
BILLING CODE 6560–50–P
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ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
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U.S.C. 3501 et seq.), this document
announces that an Information
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forwarded to the Office of Management
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ADDRESSES: Submit your comments,
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]]>Agencies
[Federal Register Volume 72, Number 78 (Tuesday, April 24, 2007)]
[Notices]
[Pages 20333-20335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7757]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-006]
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Liebherr Hausger[auml]te From the Department
of Energy Electric Refrigerator and Electric Refrigerator-Freezer Test
Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
-----------------------------------------------------------------------
SUMMARY: Today's notice publishes a Decision and Order (Case No. RF-
006) granting a waiver to Liebherr Hausger[auml]te (Liebherr) from the
existing Department of Energy (DOE) test procedure for residential
electric refrigerators and refrigerator-freezers, for its combination
wine storage-freezer line of appliances.
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, (202) 586-9611, E-mail: Michael.Raymond@ee.doe.gov; or
Francine Pinto, Esq., U.S. Department of Energy, Office of General
Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue,
SW., Washington, DC 20585-0121, (202) 586-9507, E-mail:
Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), notice
is hereby given of the issuance of the Decision and Order set forth
below. In the Decision and Order, the DOE grants Liebherr a Waiver from
the electric refrigerator and electric refrigerator-freezer test
procedures under 10 CFR 430.23(a), for its combination wine storage-
freezer products. This Waiver is applicable only to units whose wine
storage compartment occupies more than 50 percent of the total volume
of the unit and cannot be converted to any other type of compartment.
Today's decision requires that any representations concerning the
energy efficiency of these products are made consistent with the
provisions and restrictions in the modified test procedure set forth in
the Decision and Order below.
Issued in Washington, DC, on April 9, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Liebherr Hausger[auml]te (Liebherr). (Case No.
RF-006).
Background
Title III of the Energy Policy and Conservation Act (``EPCA'') sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III (42 U.S.C. 6291-6309) provides for the ``Energy Conservation
Program for Consumer Products Other Than Automobiles.'' 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 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 refrigerators and
refrigerator-freezers is contained in 10 CFR part 430, subpart B,
Appendix A1. DOE's regulations contain provisions that allow a person
to petition for a waiver from any test procedure requirement for
covered consumer products. These provisions are set forth in 10 CFR
430.27. The waiver provisions authorize the Assistant Secretary for
Energy Efficiency and Renewable Energy to temporarily waive the test
procedure for a particular basic model, provided that the petitioner
shows that the basic model contains one or more design characteristics
that prevent testing according to the prescribed test procedures, or
when the prescribed test procedures may evaluate the basic model in a
manner so unrepresentative of its true energy consumption as to provide
materially inaccurate comparative data. 10 CFR 430.27(l).
The Assistant Secretary may grant the waiver subject to conditions,
including adherence to alternate test procedures.\1\ Petitioners must
include in their petition any alternate test procedures known to
evaluate the basic model in a manner representative of its energy
consumption characteristics. 10 CFR 430.27(b)(1)(iii). Waivers
generally remain in effect until final test procedure amendments
resolving the problem that is the subject of the waiver become
effective.
---------------------------------------------------------------------------
\1\ 10 CFR 430.27(1).
---------------------------------------------------------------------------
On July 5, 2005, Liebherr submitted a Petition for Waiver from the
electric refrigerator and electric refrigerator-freezer test procedure
under 10 CFR 430.23(a). Liebherr requested a waiver from the DOE test
procedure because, Liebherr asserts, its line of combination wine
storage--freezer models are not accurately categorized by any of the
current DOE classes for residential refrigeration appliances. The
Liebherr product is currently classified as an automatic defrost
refrigerator-freezer with bottom-mounted freezer. However, the wine
storage compartment has a minimum temperature of 41 [deg]F, which makes
the product unsuitable for general use as a refrigerator-freezer.
Liebherr asserts that to apply the current test procedure for electric
refrigerator-freezers would evaluate these products in a manner so
unrepresentative of their true energy consumption characteristics as to
provide materially inaccurate comparative data.
Liebherr has proposed a modified test procedure based on the one
prescribed for electric refrigerator-freezers under Appendix A1 to
Subpart B of Part 430.
[[Page 20334]]
The test procedure for electric refrigerator-freezers requires that a
temperature of 45 [deg]F be maintained in the refrigerator compartment;
Liebherr's proposed method uses a temperature of 55 [deg]F in the wine
storage compartment, as this is the standard temperature for single
wine coolers. The freezer compartment of this unit would maintain a
temperature of 5 [deg]F during the test and be treated as the freezer
compartment of an electric refrigerator-freezer. All other portions of
Liebherr's proposed test procedures would be identical to the
procedures prescribed for electric refrigerator-freezers under Appendix
A1 to subpart B of 10 CFR part 430.
On January 13, 2006, DOE published inr the Federal Register
Liebherr's Petition for Waiver, and solicited comments, data, and
information respecting the petition. 71 FR 2198. DOE received one
written comment from Whirlpool Corporation (Whirlpool) dated February
14, 2006. Whirlpool acknowledged that the test procedures proposed by
Liebherr are a reasonable means to determine energy consumption for
this product line, but argued that the product better meets the
definition of a freezer. According to Whirlpool, Liebherr's combination
wine storage-freezer appliance resembles an electric freezer under the
definition of ``freezer'' in 10 CFR 430.2, and should be tested with a
modified version of the procedures for freezers in Appendix B1 to
Subpart B of Part 430-Uniform Test Method for Measuring the Energy
Consumption of Freezers. The difference between the DOE test procedure
for refrigerator-freezers and Liebherr's modified test procedure is
that the DOE test procedure requires the freezer compartment
temperature be maintained at 0 [deg]F, instead of 5 [deg]F, as proposed
by Liebherr. Liebherr submitted its rebuttal to Whirlpool's comment on
June 30, 2006, which stated that classifying these appliances as
electric freezers would be misleading because the majority of the
volume within these appliances is designated for wine storage.
DOE's regulations define the term ``freezer'' as ``a cabinet
designed as a unit for the freezing and storage of food at temperatures
of 0 F or below, and having a source of refrigeration requiring single
phase, alternating electric energy input only.'' 10 CFR 430.2. DOE
understands that this definition is an abridged version of the
definition in the American National Standards Institute (ANSI)/
Association of Home Appliance Manufacturers (AHAM) Standard HRF-1-2004,
``Energy, Performance and Capacity of Household Refrigerators,
Refrigerator-Freezers and Freezers.'' In comparison, ANSI/AHAM HRF-1-
2004 defines the term ``freezer'' as ``a cabinet which is designed for
the extended storage of frozen food at an average temperature of 0
[deg]F (-17.8 [deg]C) or below and with inherent capability for
freezing of food, which has a source of refrigeration, and which is
intended for household use.'' Neither definition prohibits freezers
from having a compartment for items other than frozen food. However,
neither definition addresses the matter of a wine storage compartment
because, until now, such types of compartments were used for
refrigerating food items, and therefore such a unit would be considered
a refrigerator-freezer. Further, because freezers are generally used
for longer-term storage of food items than the freezer compartments of
electric refrigerator-freezers, the temperature for a freezer is 0
[deg]F, instead of 5 [deg]F for an electric refrigerator-freezer.
Because the majority of the volume of Liebherr's combination product is
configured for wine storage, DOE agrees with Liebherr that 5 [deg]F is
the proper test temperature for the freezer compartment.
The National Institute of Standards and Technology (NIST) reviewed
the Petition for Waiver, the comment submitted by Whirlpool, and the
rebuttal submitted by Liebherr, and believes that the modified test
procedure proposed by Liebherr is a reasonable method to test these
units, provided that Liebherr meets the following two conditions: the
wine storage compartment of these products shall not be capable of
being converted into any other type of compartment, and the wine
storage compartment of these products must account for at least 50
percent of the total volume of the unit. NIST concluded that the
combination wine storage-freezer line of appliances addressed under
Liebherr's Petition for Waiver meets both of these criteria.
Assertions and Determinations
Liebherr's Petition for Waiver asserts that there is not a current
DOE test procedure for a combination wine storage-freezer, and thus the
current test procedures would not measure the energy consumption in a
representative manner. 71 FR 2199 (January 13, 2006). Liebherr asserts
that its models WF 1051 and WFI 1051 do not fit into the current test
procedures, and that ``to evaluate the models in a representative
manner of its true energy consumption characteristics the standard
temperature of single wine coolers (55 [deg]F) for the wine storage
compartment and the standard temperature (5 [deg]F) for the freezer
compartment should be used.'' (Liebherr Petition, page 3). Generally,
it is agreed that 55 [deg]F is the best temperature for long-term
storage of wine. Lower temperatures slow maturation, higher
temperatures age the wine prematurely. It is therefore reasonable to
test the wine storage compartment at 55 [deg]F, rather than the 45
[deg]F temperature specified for refrigerator-freezers. In DOE's view,
because of the minimum 41 [deg]F temperature in the wine storage
compartment, the energy use characteristics of models WF 1051 and WFI
1051 are not accurately represented by the DOE test procedures for
refrigerators, refrigerator-freezers, and freezers. The Department
agrees with Liebherr that testing these Liebherr products using a wine
storage compartment temperature of 55 [deg]F, and a freezer compartment
temperature of 5 [deg]F, will produce representative energy consumption
results.
DOE consulted with the Federal Trade Commission (FTC) concerning
the Liebherr petition. The FTC did not have any objections to the
issuance of the waiver to Liebherr. DOE also consulted with the
National Institute of Standards & Technology (NIST), who agreed that
the proposed alternate test method is a reasonable one.
Conclusion
After careful consideration of all the material that Liebherr
submitted, the comments received, and the review by NIST, it is ordered
that:
(1) The ``Petition for Waiver'' filed by Liebherr Hausgerte
(Liebherr) (Case No. RF-006) is hereby granted as set forth in
paragraph (2) below.
(2) Liebherr shall test or rate its combination wine storage-
freezer products listed below using the modified version of the
electric refrigerator-freezer energy test procedure proposed by
Liebherr, specifically, with a wine storage compartment temperature of
55 [deg]F, and a freezer compartment temperature of 5 [deg]F. The wine
storage compartment of units tested by this method must not be
convertible to any other type of compartment, and must account for 50%
or more of the total volume:
Combination Wine Freezer models:
WF 1051, combination wine storage/freezer.
WFI 1051, combination wine storage/freezer.
(3) These combination wine storage/freezer products use a modified
version of the test procedure for refrigerator-freezers based on an
elevated temperature in one of the compartments, and therefore do not
conform to any of the current DOE
[[Page 20335]]
refrigerator or refrigerator-freezer classes. They are therefore not
eligible for ratings under EnergyStar.
(4) Representations. Liebherr may make representations about the
energy use of its wine storage/freezer products, for compliance,
marketing, or other purposes, only to the extent that such
representations are made consistent with the provisions outlined below.
(5) This waiver shall remain in effect from the date this Decision
and Order is issued until DOE prescribes final test procedures
appropriate to the above model series manufactured by Liebherr.
(6) This waiver is conditioned upon the presumed validity of
statements, representations, and documentary materials provided by the
petitioner. This waiver may be revoked or modified at any time upon a
determination that the factual basis underlying the petition is
incorrect, or DOE determines that the results from the modified test
procedure are unrepresentative of the basic models' true energy
consumption characteristics.
Issued in Washington, DC, on April 9, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E7-7757 Filed 4-23-07; 8:45 am]
BILLING CODE 6450-01-P
