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[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]]

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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.

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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: http://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.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    The regulations set forth in 10 CFR 430.27 contain provisions that 
enable a person to seek a waiver from the test procedure requirements 
for covered products. The Assistant Secretary for Energy Efficiency and 
Renewable Energy (the Assistant Secretary) will grant a waiver if it is 
determined that the basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevents 
testing of the basic model according to the prescribed test procedures, 
or if the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(l). 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
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