Notice of Petition for Waiver of Liebherr Canada Ltd. From the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver, 3791-3793 [2014-01346]
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–035]
Notice of Petition for Waiver of
Liebherr Canada Ltd. From the
Department of Energy Residential
Refrigerator and Refrigerator-Freezer
Test Procedure, and Grant of Interim
Waiver
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.
AGENCY:
This notice announces receipt
of a petition for waiver and application
for interim waiver (hereafter, ‘‘petition’’)
from Liebherr Canada Ltd. (Liefherr)
regarding specified portions of the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of residential electric
refrigerators and refrigerator-freezers. In
its petition, Liebherr proposes to use an
alternate test procedure that would
permit the testing of its all-refrigerator
model while physically connected to
Liebherr’s companion upright freezer
model, which is necessary for the
refrigerator to function properly. DOE
solicits comments, data, and
information concerning Liebherr’s
petition and the suggested
modifications. Today’s notice also
grants Liebherr an interim waiver from
the residential electric refrigerator and
refrigerator-freezer test procedure,
subject to use of the alternate test
procedure set forth in this notice.
DATES: DOE will accept comments, data,
and information with respect to the
Liebherr Petition until February 24,
2014.
SUMMARY:
You may submit comments,
identified by case number ‘‘RF–035,’’ by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: AS_Waiver_Requests@
ee.doe.gov. Include the case number
[Case No. RF–035] in the subject line of
the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–5B/
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,
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ADDRESSES:
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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., 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–5B, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
Bryan.Berringer@ee.doe.gov.
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:
Michael.Kido@hq.doe.gov.
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 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
that 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 A.
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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3791
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). A petitioner must include in
its 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 September 27, 2013, Liebherr filed
a petition for waiver and an application
for interim waiver from the test
procedure applicable to residential
electric refrigerators and refrigeratorfreezers set forth in 10 CFR part 430,
subpart B, appendix A. The subject of
the waiver petition is Liebherr ’s allrefrigerator model, which shares a
control panel with an accompanying
freezer. Testing to the procedures in
Title 10 of the Code of Federal
Regulations (10 CFR), part 430, subpart
B, appendix A, section 3 Test Control
Settings requires that refrigerators with
a user operable temperature control be
tested with the control set in a
prescribed manor according TABLE 1—
TEMPERATURE SETTINGS FOR ALL–
REFRIGERATORS. According to
Liebherr, this is not possible for this
model unless the refrigerator is
connected to the accompanying freezer
which has the control panel for both
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appliances. The petition for waiver is to
allow a freezer, with the appropriate
connection and control panel, to be
connected to the refrigerator for the sole
purpose of changing the control settings
in the refrigerator under test.
In its petition Liebherr proposes to
use an alternate test procedure to test
these products. Specifically Liebherr
proposes to place the refrigerator in
position for testing, locate the freezer
close enough to attach the low voltage
connection (approximately 18’’) but not
in a location where the freezer interferes
with the ambient air flow or other
testing conditions, connect the
refrigerator’s low voltage cable to the
freezer, plug in the freezer, turn the
freezer off on the control panel, and use
the refrigerator portion of the control
panel to set the appropriate
temperatures for the refrigerator test.
Liebherr 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 Liebherr’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 Liebherr might experience
absent a favorable determination on its
application for interim waiver. DOE has
determined, however, that it is likely
Liebherr’s petition will be granted, and
that it is desirable for public policy
reasons to grant Liebherr relief pending
a determination on the petition. DOE
has determined that it is desirable to
have similar basic models tested in a
consistent manner.
For the reasons stated above, DOE
grants Liebherr’s application for interim
waiver from testing of its all-refrigerator
that shares a control panel with an
accompanying freezer. Therefore, it is
ordered that:
The application for interim waiver
filed by Liebherr is hereby granted for
the specified Liebherr refrigeratorfreezer basic models that share a control
panel with an accompanying freezer,
subject to the specifications and
conditions below. Liebherr shall be
required to test or rate the specified
refrigerator-freezer products according
to the alternate test procedure as set
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21:50 Jan 22, 2014
Jkt 232001
forth in section III, ‘‘Alternate Test
Procedure.’’
The interim waiver applies to the
following basic model groups:
RB 1420
R 1420
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. Liebherr 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 a 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
Liebherr in a subsequent Decision and
Order.
In its petition, Liebherr proposes to
use an alternate test procedure. The
DOE test procedure for residential
refrigerators and refrigerator-freezers in
Title 10 of the Code of Federal
Regulations (10 CFR), part 430, subpart
B, appendix A, section 3 Test Control
Settings requires that refrigerators with
a user operable temperature control be
tested with the control set a prescribed
manor according TABLE 1—
TEMPERATURE SETTINGS FOR ALL–
REFRIGERATORS. As described by
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Liebherr, these models are physically
two separate cabinets, but are designed
to be installed immediately adjacent, or
in close proximity, to each other. In
addition, the freezer model contains the
control panel that controls the
compartment temperatures of both
appliances. Liebherr states that, because
of this design feature, it is not possible
to test the refrigerator model using the
existing Appendix A test procedure
unless the refrigerator is connected to
the accompanying freezer; no provision
in Appendix A allows for such an
arrangement.
Liebherr proposes to use the test
method of appendix A to subpart B of
10 CFR part 430 to test its refrigerator
models, with a modification to address
the connection of the refrigerator to the
freezer. For the purposes of granting the
interim waiver, DOE has modified
slightly the language of Liebherr’s
proposal to be more consistent with the
language of the DOE test procedure. For
the purposes of testing the models
addressed in this interim waiver, the
following shall be treated as an
additional requirement in Section 2 of
Appendix A addressing test condition:
2.11 Connection of refrigerator cabinet
to separate freezer cabinet: The
refrigerator shall be positioned for
testing in accordance with this section,
with the freezer positioned close enough
to the refrigerator to allow attachment of
the low voltage connection
(approximately 18’’), but not in a
location in which the freezer interferes
with the ambient air flow or other
testing conditions specified in this
section. The refrigerator’s low voltage
cable shall be connected to the freezer
prior to testing. The freezer must be
plugged in in during testing, but shall be
placed in the ‘‘off’’ position on the
control panel. The refrigerator portion of
the control panel shall then be used to
set the appropriate temperatures for the
refrigerator test as required by Section 3.
Test Control Settings and perform the
remainder of the test as prescribed by
this Appendix.
DOE notes that Liebherr has not
petitioned for a test procedure waiver
nor requested an interim waiver for its
accompanying freezer models. Thus, the
freezer models shall be tested according
to the applicable test procedure in
appendix B to subpart B of 10 CFR part
430 without modification.
IV. Summary and Request for
Comments
Through today’s notice, DOE
announces receipt of Liebherr’s petition
for waiver from certain parts of the test
procedure in 10 CFR Part 430, subpart
B, appendix A and grants an interim
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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices
waiver to Liebherr. DOE is publishing
Liebherr’s petition for waiver. 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
shares a control panel with an
accompanying freezer.
DOE solicits comments from
interested parties on all aspects of the
petition. Any person submitting written
comments to DOE must also send a copy
of such comments to the petitioner. 10
CFR 430.27(d). The contact information
for the petitioner is: Gordon Tosh,
Technical Advisor, Refrigerator and
Freezer Division, Liebherr Canada Ltd.,
1015 Sutton Drive, Burlington, Ontario,
Canada, N0B 2K0. 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 January 16,
2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
September 27, 2013
The Honorable David Danielson
Assistant Secretary
Energy Efficiency and Renewable
Energy
U. S. Department of Energy
Mail Station EE–10
1000 Independence Avenue, SW.
Washington DC 20585–010
Liebherr Canada Ltd. (Liebherr)
respectfully summits an Application for
Petition of Waiver and Application for
Interim Waiver to the Department of
Energy (DOE) with regard to Liebherr’s
all-refrigerator that shares a control
panel with an accompanying freezer.
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Reasoning
10 CFR 430.27, Petitions for waiver
and applications for interim waiver,
allows any interested person to submit
a petition to waive for a particular basic
model any requirements of § 430.23, or
of any appendix to this subpart, upon
the grounds that the basic model
contains one or more design
characteristics which prevent testing of
the basic model according to the
prescribed test procedures.
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APPENDIX A TO SUBPART B OF
PART 430—UNIFORM TEST METHOD
FOR MEASURING THE ENERGY
CONSUMPTION OF ELECTRIC
REFRIGERATORS AND ELECTRIC
REFRIGERATOR-FREEZERS, SEC. 3
TEST CONTROL SETTINGS: Requires
that refrigerators with a user operable
temperature control be tested with the
control set a prescribed manor
according TABLE 1—TEMPERATURE
SETTINGS FOR ALL-REFRIGERATORS.
This is not possible unless the
refrigerator is connected to the
accompanying freezer which has the
control panel for both appliances.
Liebherr petitions for waiver for a
refrigerator that due to a design
characteristic prevents testing of the
basic model according to the prescribed
test procedures because its control panel
is located in an accompanying freezer.
The petition for waiver is to allow a
freezer, with the appropriate connection
and control panel, to be connected to
the refrigerator for the sole purpose of
changing the control settings in the
refrigerator under test.
Alternate test procedure.
When the refrigerator is in position
for testing, locate the freezer close
enough to attach the low voltage
connection (approximately 18″) but not
in a location where the freezer interferes
with the ambient air flow or other
testing conditions. Connect the
refrigerator’s low voltage cable to the
freezer. Plug in the freezer. Turn the
freezer off on the control panel. Use the
refrigerator portion of the control panel
to set the appropriate temperatures for
the refrigerator test.
Conclusion
Liebherr Petitions for Waiver and
application for Interim Waiver to allow
the use of the control panel in an
accompanying freezer to set the
temperature of a refrigerator under test.
The effected models are RB 1420 and
R 1420.
Please feel free to contact me if we
have any questions regarding this
Petition for Waiver and application for
Interim Waiver. I will be happy to
provide any other information or
discuss any questions.
Sincerely,
Gordon Tosh
Technical Advisor
Refrigerator and Freezer Division
1015 Sutton Drive
Burlington, Ontario
Canada, N0B 2K0
Phone: 905–315–2798
Mobile: 905–220–5933
Fax: 905–319–9336
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Email: gordon.tosh@liebherr.com
[FR Doc. 2014–01346 Filed 1–22–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–037]
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
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver,
Notice of Granting Application for
Interim Waiver, and Request for Public
Comments.
AGENCY:
This notice announces receipt
of petitions for waiver from Samsung
Electronics America, Inc. (Samsung)
seeking an exemption from specified
portions of the U.S. Department of
Energy (DOE) test procedure for
determining the energy consumption of
electric refrigerators and refrigeratorfreezers. Samsung asks that it be
permitted to use an alternate test
procedure that is intended to address
difficulties in testing dual compressor
systems using the currently applicable
DOE test procedure. DOE solicits
comments, data, and information
concerning Samsung’s petitions and the
suggested alternate test procedure.
Today’s notice also grants Samsung an
interim waiver from the electric
refrigerator-freezer test procedure,
subject to use of the alternative test
procedure set forth in this notice. The
waiver request pertains to the basic
models set forth in Samsung’s petitions
that incorporate dual compressors.
DATES: DOE will accept comments, data,
and information with respect to the
Samsung Petition until February 24,
2014.
SUMMARY:
You may submit comments,
identified by case number ‘‘RF–037,’’ by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: AS_Waiver_Requests@
ee.doe.gov. Include the case number
[Case No. RF–037] in the subject line of
the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
ADDRESSES:
E:\FR\FM\23JAN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3791-3793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01346]
[[Page 3791]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. RF-035]
Notice of Petition for Waiver of Liebherr Canada Ltd. 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.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of a petition for waiver and
application for interim waiver (hereafter, ``petition'') from Liebherr
Canada Ltd. (Liefherr) regarding specified portions of the U.S.
Department of Energy (DOE) test procedure for determining the energy
consumption of residential electric refrigerators and refrigerator-
freezers. In its petition, Liebherr proposes to use an alternate test
procedure that would permit the testing of its all-refrigerator model
while physically connected to Liebherr's companion upright freezer
model, which is necessary for the refrigerator to function properly.
DOE solicits comments, data, and information concerning Liebherr's
petition and the suggested modifications. Today's notice also grants
Liebherr an interim waiver from the residential electric refrigerator
and refrigerator-freezer test procedure, subject to use of the
alternate test procedure set forth in this notice.
DATES: DOE will accept comments, data, and information with respect to
the Liebherr Petition until February 24, 2014.
ADDRESSES: You may submit comments, identified by case number ``RF-
035,'' by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: AS_Waiver_Requests@ee.doe.gov. Include the case
number [Case No. RF-035] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-5B/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., 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-5B, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-0371. Email: Bryan.Berringer@ee.doe.gov.
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:
Michael.Kido@hq.doe.gov.
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 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 that 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 A.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
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). A petitioner must include in its 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 September 27, 2013, Liebherr filed a petition for waiver and an
application for interim waiver from the test procedure applicable to
residential electric refrigerators and refrigerator-freezers set forth
in 10 CFR part 430, subpart B, appendix A. The subject of the waiver
petition is Liebherr 's all-refrigerator model, which shares a control
panel with an accompanying freezer. Testing to the procedures in Title
10 of the Code of Federal Regulations (10 CFR), part 430, subpart B,
appendix A, section 3 Test Control Settings requires that refrigerators
with a user operable temperature control be tested with the control set
in a prescribed manor according TABLE 1--TEMPERATURE SETTINGS FOR ALL-
REFRIGERATORS. According to Liebherr, this is not possible for this
model unless the refrigerator is connected to the accompanying freezer
which has the control panel for both
[[Page 3792]]
appliances. The petition for waiver is to allow a freezer, with the
appropriate connection and control panel, to be connected to the
refrigerator for the sole purpose of changing the control settings in
the refrigerator under test.
In its petition Liebherr proposes to use an alternate test
procedure to test these products. Specifically Liebherr proposes to
place the refrigerator in position for testing, locate the freezer
close enough to attach the low voltage connection (approximately 18'')
but not in a location where the freezer interferes with the ambient air
flow or other testing conditions, connect the refrigerator's low
voltage cable to the freezer, plug in the freezer, turn the freezer off
on the control panel, and use the refrigerator portion of the control
panel to set the appropriate temperatures for the refrigerator test.
Liebherr 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 Liebherr'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 Liebherr might experience absent a favorable
determination on its application for interim waiver. DOE has
determined, however, that it is likely Liebherr's petition will be
granted, and that it is desirable for public policy reasons to grant
Liebherr relief pending a determination on the petition. DOE has
determined that it is desirable to have similar basic models tested in
a consistent manner.
For the reasons stated above, DOE grants Liebherr's application for
interim waiver from testing of its all-refrigerator that shares a
control panel with an accompanying freezer. Therefore, it is ordered
that:
The application for interim waiver filed by Liebherr is hereby
granted for the specified Liebherr refrigerator-freezer basic models
that share a control panel with an accompanying freezer, subject to the
specifications and conditions below. Liebherr shall be required to test
or rate the specified refrigerator-freezer products according to the
alternate test procedure as set forth in section III, ``Alternate Test
Procedure.''
The interim waiver applies to the following basic model groups:
RB 1420
R 1420
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. Liebherr 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 a 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 Liebherr in a
subsequent Decision and Order.
In its petition, Liebherr proposes to use an alternate test
procedure. The DOE test procedure for residential refrigerators and
refrigerator-freezers in Title 10 of the Code of Federal Regulations
(10 CFR), part 430, subpart B, appendix A, section 3 Test Control
Settings requires that refrigerators with a user operable temperature
control be tested with the control set a prescribed manor according
TABLE 1--TEMPERATURE SETTINGS FOR ALL-REFRIGERATORS. As described by
Liebherr, these models are physically two separate cabinets, but are
designed to be installed immediately adjacent, or in close proximity,
to each other. In addition, the freezer model contains the control
panel that controls the compartment temperatures of both appliances.
Liebherr states that, because of this design feature, it is not
possible to test the refrigerator model using the existing Appendix A
test procedure unless the refrigerator is connected to the accompanying
freezer; no provision in Appendix A allows for such an arrangement.
Liebherr proposes to use the test method of appendix A to subpart B
of 10 CFR part 430 to test its refrigerator models, with a modification
to address the connection of the refrigerator to the freezer. For the
purposes of granting the interim waiver, DOE has modified slightly the
language of Liebherr's proposal to be more consistent with the language
of the DOE test procedure. For the purposes of testing the models
addressed in this interim waiver, the following shall be treated as an
additional requirement in Section 2 of Appendix A addressing test
condition:
2.11 Connection of refrigerator cabinet to separate freezer
cabinet: The refrigerator shall be positioned for testing in accordance
with this section, with the freezer positioned close enough to the
refrigerator to allow attachment of the low voltage connection
(approximately 18''), but not in a location in which the freezer
interferes with the ambient air flow or other testing conditions
specified in this section. The refrigerator's low voltage cable shall
be connected to the freezer prior to testing. The freezer must be
plugged in in during testing, but shall be placed in the ``off''
position on the control panel. The refrigerator portion of the control
panel shall then be used to set the appropriate temperatures for the
refrigerator test as required by Section 3. Test Control Settings and
perform the remainder of the test as prescribed by this Appendix.
DOE notes that Liebherr has not petitioned for a test procedure
waiver nor requested an interim waiver for its accompanying freezer
models. Thus, the freezer models shall be tested according to the
applicable test procedure in appendix B to subpart B of 10 CFR part 430
without modification.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of Liebherr's
petition for waiver from certain parts of the test procedure in 10 CFR
Part 430, subpart B, appendix A and grants an interim
[[Page 3793]]
waiver to Liebherr. DOE is publishing Liebherr's petition for waiver.
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 shares a control
panel with an accompanying freezer.
DOE solicits comments from interested parties on all aspects of the
petition. Any person submitting written comments to DOE must also send
a copy of such comments to the petitioner. 10 CFR 430.27(d). The
contact information for the petitioner is: Gordon Tosh, Technical
Advisor, Refrigerator and Freezer Division, Liebherr Canada Ltd., 1015
Sutton Drive, Burlington, Ontario, Canada, N0B 2K0. 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 January 16, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
September 27, 2013
The Honorable David Danielson
Assistant Secretary
Energy Efficiency and Renewable Energy
U. S. Department of Energy
Mail Station EE-10
1000 Independence Avenue, SW.
Washington DC 20585-010
Liebherr Canada Ltd. (Liebherr) respectfully summits an Application
for Petition of Waiver and Application for Interim Waiver to the
Department of Energy (DOE) with regard to Liebherr's all-refrigerator
that shares a control panel with an accompanying freezer.
Reasoning
10 CFR 430.27, Petitions for waiver and applications for interim
waiver, allows any interested person to submit a petition to waive for
a particular basic model any requirements of Sec. 430.23, or of any
appendix to this subpart, upon the grounds that the basic model
contains one or more design characteristics which prevent testing of
the basic model according to the prescribed test procedures.
APPENDIX A TO SUBPART B OF PART 430--UNIFORM TEST METHOD FOR
MEASURING THE ENERGY CONSUMPTION OF ELECTRIC REFRIGERATORS AND ELECTRIC
REFRIGERATOR-FREEZERS, SEC. 3 TEST CONTROL SETTINGS: Requires that
refrigerators with a user operable temperature control be tested with
the control set a prescribed manor according TABLE 1--TEMPERATURE
SETTINGS FOR ALL-REFRIGERATORS. This is not possible unless the
refrigerator is connected to the accompanying freezer which has the
control panel for both appliances.
Liebherr petitions for waiver for a refrigerator that due to a
design characteristic prevents testing of the basic model according to
the prescribed test procedures because its control panel is located in
an accompanying freezer. The petition for waiver is to allow a freezer,
with the appropriate connection and control panel, to be connected to
the refrigerator for the sole purpose of changing the control settings
in the refrigerator under test.
Alternate test procedure.
When the refrigerator is in position for testing, locate the
freezer close enough to attach the low voltage connection
(approximately 18'') but not in a location where the freezer interferes
with the ambient air flow or other testing conditions. Connect the
refrigerator's low voltage cable to the freezer. Plug in the freezer.
Turn the freezer off on the control panel. Use the refrigerator portion
of the control panel to set the appropriate temperatures for the
refrigerator test.
Conclusion
Liebherr Petitions for Waiver and application for Interim Waiver to
allow the use of the control panel in an accompanying freezer to set
the temperature of a refrigerator under test.
The effected models are RB 1420 and R 1420.
Please feel free to contact me if we have any questions regarding
this Petition for Waiver and application for Interim Waiver. I will be
happy to provide any other information or discuss any questions.
Sincerely,
Gordon Tosh
Technical Advisor
Refrigerator and Freezer Division
1015 Sutton Drive
Burlington, Ontario
Canada, N0B 2K0
Phone: 905-315-2798
Mobile: 905-220-5933
Fax: 905-319-9336
Email: gordon.tosh@liebherr.com
[FR Doc. 2014-01346 Filed 1-22-14; 8:45 am]
BILLING CODE 6450-01-P
