2198 Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices 

RF272–97101 CHESEBROUGH–

POND’S USA CO.; 

RF272–98890 COMMONWEALTH OF 

VIRGINIA; 

RG272–00507 STATE OF OHIO; 

RK272–00147 STATE OF MONTANA; 

RK272–00362 STATE OF KANSAS; 

RK272–03404 WYOMING DEPT. OF 

TRANSPORTATION.; 

RK272–03418 STATE OF GEORGIA—

ENERGY RES.; 

RK272–04041 STATE OF NORTH 

CAROLINA; 

RR272–00207 STATE OF 

TENNESSEE. 

We note that six of the claimants 

listed above were not listed in our 

September 30 notice. Thus, while the 

general public, including these six 

claimants, has been given notice and an 

opportunity to comment on our 

proposal to withhold payment on claims 

currently being challenged in court, 

these six claimants were not put on 

notice that this decision would directly 

and adversely impact them. Thus, each 

of these claimants should be given an 

opportunity to show that, in fact, its 

claim should not be included in the 

list—i.e., is not among those currently 

being challenged in pending litigation. 

If such a showing is made by any of the 

six claimants within 30 days of the date 

of this notice, we will not delay the 

distribution of a refund to that claimant. 

In any event, upon the conclusion of 

any of the litigation challenging 

particular refund claims, if our refund 

award is upheld we will promptly order 

the disbursement of refunds to the 

affected claimant(s). 

It is imperative that all refund 

recipients immediately inform OHA in 

the event of any change of payment 

address or bank account deposit 

information. DOE will not attempt to 

locate payees of returned refund 

payments, and the associated funds will 

be divided equally between the States 

and the Federal Government. 

Issued in Washington, DC, on January 6, 

2005. 

George B. Breznay, 

Director, Office of Hearings and Appeals. 

[FR Doc. E6–373 Filed 1–12–06; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–006] 

Energy Conservation Program for 

Consumer Products: Publication of the 

Petition for Waiver of Liebherr 

Hausgera ̈te From the DOE Refrigerator 

and Refrigerator-Freezer Test 

Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver and 

solicitation of comments. 

SUMMARY: Today’s notice publishes a 

petition for waiver for Liebherr 

Hausgera ̈te (Liebherr). The Liebherr 

petition requests a waiver to modify the 

refrigerator test procedure for the 

Liebherr line of combination wine 

storage-freezer products. The 

Department of Energy (DOE or 

Department) is soliciting comments, 

data, and information respecting the 

petition for waiver. 

DATES: The Department will accept 

comments, data, and information not 

later than February 13, 2006. 

ADDRESSES: DOE will accept comments 

on this petition, identified by case 

number RF–006, and submitted by any 

of the following methods: 

• Mail: Ms. Brenda Edwards-Jones, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC, 20585–0121. 

• Telephone: (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards-Jones, U.S. Department of 

Energy, Building Technologies Program, 

Room 1J–018, 1000 Independence 

Avenue, SW., Washington, DC 20585. 

Docket: For access to the docket to read 

copies of public comments received, 

this notice, and the petition for waiver, 

go to the U.S. Department of Energy, 

Forrestal Building, Room 1J–018 

(Resource Room of the Building 

Technologies Program), 1000 

Independence Avenue, SW., 

Washington, DC, (202) 586–9127, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards-Jones at 

the above telephone number for 

additional information regarding 

visiting the Resource Room. Please note: 

The Department’s Freedom of 

Information Reading Room (formerly 

Room 1E–190 at the Forrestal Building) 

is no longer housing rulemaking 

materials. 

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., or Thomas 

DePriest, Esq., U.S. Department of 

Energy, Office of General Counsel, Mail 

Stop GC–72, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 586–

9507; e-mail: 

Francine.Pinto@hq.doe.gov, or 

Thomas.DePriest@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 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’’ which requires, among 

other things, that DOE prescribe 

standardized test procedures to measure 

the energy consumption of certain 

consumer products, including 

refrigerators and refrigerator-freezers. 

The relevant DOE test procedure for 

purposes of today’s decision and order 

is ‘‘Uniform Test Method for Measuring 

the Energy Consumption of Electric 

Refrigerators and Electric Refrigeratorfreezers’’ (current test procedure). The 

current test procedure is set forth in 10 

CFR part 430, subpart B, Appendix A1. 

It prescribes a method for characterizing 

the energy requirements of all types of 

refrigerators and refrigerator-freezers 

and yields model-specific energy 

efficiency information that can aid 

consumers in their purchasing 

decisions. 

The Department’s regulations contain 

provisions allowing a person to seek a 

waiver from the test procedure 

requirements for covered consumer 

products. These provisions are set forth 

in 10 CFR 430.27. The waiver 

provisions allow the Assistant Secretary 

for Energy Efficiency and Renewable 

Energy (Assistant Secretary) to waive 

temporarily the test procedure for a 

particular basic model when a 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(a)(l)) Waivers generally remain 

in effect until final test procedure 

amendments become effective, thereby 


hsrobinson on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices 2199 

resolving the problem that is the subject 

of the waiver. (10 CFR 430.27(m)) 

On July 5, 2005, Liebherr filed a 

petition for waiver regarding the DOE 

refrigerator and refrigerator-freezer test 

procedures. Liebherr’s petition seeks a 

waiver from the DOE test procedure 

because, Liebherr asserts, its line of 

combination wine storage-freezers are 

not accurately categorized by any of the 

current DOE classes. Liebherr has 

submitted a modified test procedure to 

be used for rating its combination wine 

storage-freezers. Liebherr proposes to 

calculate the energy consumption of 

these products by using the current test 

procedure outlined in 10 CFR Part 430, 

Subpart B, Appendix A1 for refrigerator/ 

freezers with the following exception. 

The current methodology outlined in 

Appendix A1 states that the unit’s 

energy consumption is to be based on 

either the freezer compartment 

temperature or the refrigerator 

compartment temperature. However, the 

units produced by Liebherr do not 

include a refrigerator compartment, but 

do include a section solely dedicated for 

the purpose of wine storage, which is 

not convertible so that it may be used 

for any other purpose; therefore, 

Liebherr asserts, it is inappropriate to 

measure the energy consumption of 

these units in accordance with the 

refrigerator-freezer test procedure. 

Liebherr proposes to combine portions 

of the refrigerator-freezer test procedure 

with portions of the AHAM household 

wine chiller energy test procedure. 

The Department is publishing 

Liebherr’s petition for waiver in its 

entirety. The petition contains no 

confidential information. The 

Department solicits comments, data, 

and information with respect to the 

petition. Any person submitting written 

comments must also send a copy of 

such comments to the petitioner. 10 

CFR 430.27(b)(1)(iv). 

Issued in Washington, DC, on January 6, 

2006. 

Douglas L. Faulkner, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

July 5th, 2005 

Mr. Michael G. Raymond, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Mail Station EE–41, 

Forrestal Building, 1000 Independence 

Avenue, SW., Washington DC 20585–0121. 

Petition by Liebherr Hausgera ̈te for a 

Waiver. Energy Conservation Standards in 

10 CFR Part 430, for the Liebherr Wine/ 

freezer Models ‘‘WF 1051’’ and ‘‘WFI 1051’’

1. Description of Applicant 

Liebherr Hausgera ̈te is part of the Liebherr 

Group, an international group with a 

workforce of over 21,000 employees and 

more than 80 companies worldwide, 

including the United States of America. 

Further information can be found at http:// 

www.liebherr.com. 

Liebherr Hausgera ̈te has specialized in the 

manufacture of high quality refrigerators, 

freezers and wine storage appliances. It is 

headquartered in Ochsenhausen, Germany. 

The marketing of Liebherr products in the 

U.S. started in the 2nd quarter of 2004. Right 

now, Liebherr Hausgerte is only 

manufacturing under the Liebherr brand 

name for products sold in the United States. 

2. Background and General Information 

Liebherr is requesting relief for a product 

which consists of a combination of a wine 

storage compartment on top and freezer 

compartment on the bottom, Liebherr models 

WF 1051 and WFI 1051. 

Liebherr understands that DOE is not 

willing to prevent manufacturers of coming 

to the market with new innovative products 

which will enhance consumers well being 

and satisfaction. The market for wine storage 

has been growing substantially over the last 

years and is expected to continue growing in 

the future. 

Currently, there is not a current DOE 

standards for a wine/freezer combination, 

thus the current evaluation standards would 

not measure the energy consumption in a 

representative manner. 

3. Petition for a Waiver 

On behalf of Liebherr-Hausgera ̈te GmbH, 

P.O. Box 1161, 88411 Ochsenhausen, 

Germany, I wish to submit a petition for a 

waiver with respect to the Department of 

Energy, energy efficiency standards under 10 

CFR 430.27. 

The appliances WF 1051 and WFI 1051 are 

a combination of a wine storage compartment 

and a freezer compartment in the bottom. 

The wine compartment can reach 45° F, 

which is the ideal drinking temperature for 

some white wines. But the unit goes as high 

as 64° F so that we can bring red wines to 

ideal drinking temperature as well. The wine 

connoisseurs recommend an average of 55–

57° F for long term storage of any kind of 

wine. 

Both models feature wooden wine racks 

which are not suitable for the storage of fresh 

food. We also do not offer any optional glass 

shelves or plastic racks to replace them. So 

the wine compartment could not be used as 

a regular refrigerator. 

The models WF 1051 and WFI 1051 do not 

fit into the current standards. 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 freezer 

compartment should be used. Therefore, the 

energy consumption is defined by the higher 

of the two values calculated by the following 

two formulas (according to 10 CFR part 430, 

subpart B, Appendix A1): 

—Energy consumption of the wine 

compartment: 

EWine = ET1 + [(ET2–ET1) x (55° F–TW1) 

/ (TW2–TW1)] 

—Energy consumption of the freezer: 

EFreezer = ET1 + [(ET2–ET1) x (5° F–TF1) / 

(TF2–TF1)]. 

The total adjusted volume of the models 

WF 1051 and WFI 1051 is 11.14 ft 3. Using 

the standard temperature of 55° F for the 

wine compartment the annual energy use of 

the models WF 1051 and WFI 1051 is 475 

kWh/a. According to current DOE standards, 

these models are classified as refrigeratorfreezer with automatic defrost with bottommounted freezer without through-the-door 

ice service. 

Respectfully submitted, 

Marc Perez, Liebherr-Canada Ltd., 1015 

Sutton Drive, Burlington ON L7L 5Z8, 

Canada. 

[FR Doc. E6–374 Filed 1–12–06; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EL06–24–000] 

City of Anaheim, CA; Notice of Filing 

January 6, 2006. 

Take notice that on December 29, 

2005, the City of Anaheim, California 

(Anaheim) submitted its third annual 

revision of its Transmission Revenue 

Balancing Account Adjustment filed on 

December 7, 2005. Anaheim stated the 

corrections are reflected in Exhibit 

ANA–1 and Exhibit ANA–2 as well as 

in the revised Appendix I. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

comment date. Anyone filing a motion 

to intervene or protest must serve a copy 

of that document on the Applicant and 

all the parties in this proceeding. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 


hsrobinson on PROD1PC70 with NOTICES