Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Notices 20333 

1 10 CFR 430.27(1). 

Additional copies of such petitions to 

intervene or protest also should be filed 

directly with Mr. Bruce Barrett, Vice 

President, Major Projects, British 

Columbia Transmission Corp., Suite 

110, Four Bentall Centre, 1055 

Dunsmuir Street, P.O. Box 49260, 

Vancouver, B.C. V7X 1V5, Canada. 

Before a Presidential permit may be 

granted or amended, DOE must 

determine that the proposed action will 

not adversely impact on the reliability 

of the U.S. electric power supply 

system. In addition, DOE must consider 

the environmental impacts of the 

proposed action (i.e., granting the 

Presidential permit, with any conditions 

and limitations, or denying the permit) 

pursuant to the National Environmental 

Policy Act of 1969. DOE also must 

obtain the concurrences of the Secretary 

of State and the Secretary of Defense 

before taking final action on a 

Presidential permit application. 

Copies of this application will be 

made available, upon request, for public 

inspection and copying at the address 

provided above. In addition, the 

application may be reviewed or 

downloaded electronically at http:// 

www.oe.energy.gov/permitting/ 

electricity_imports_exports.htm. Upon 

reaching the home page, select ‘‘Pending 

Applications.’’

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] 

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: Decision and 

Order Granting a Waiver to Liebherr 

Hausgera ̈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 Hausgera ̈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 Hausgera ̈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 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. 


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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 

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 

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 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8304–4] 

Agency Information Collection 

Activities OMB Responses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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: 

OMB Responses to Agency Clearance 

Requests 

OMB Approvals 

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. 

Short Term Extensions 

EPA ICR No. 1713.05; Federal 

Operating Permit Regulations 

(Renewal); in 40 CFR part 71; OMB 

Number 2060–0336; on 03/13/2007 

OMB extended the expiration date 

through 06/30/2007. 

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 

through 07/31/2007. 

Comment Filed 

EPA ICR No. 1899.04; NSPS for 

Hospital/Medical/Infectious Waste 

Incinerators (Proposed Rule); in 40 CFR 

part 60, subpart Ce; OMB Number 2060–

0422; OMB filed comment on 04/10/ 

2007. 

Dated: April 12, 2007. 

Robert Gunter, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. E7–7773 Filed 4–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2006–0741; FRL–8304–5] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Emission Control System 

Performance Warranty Regulations 

and Voluntary Aftermarket Part 

Certification Program (Renewal); EPA 

ICR No. 0116.08, OMB Control No. 

2060–0060 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA)(44 

U.S.C. 3501 et seq.), this document 

announces that an Information 

Collection Request (ICR) has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval. This is a request to renew an 

existing approved collection. The ICR, 

which is abstracted below, describes the 

nature of the information collection and 

its estimated burden and cost. 

DATES: Additional comments may be 

submitted on or before May 24, 2007. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ–

OAR–2006–0741, to (1) EPA online 

using http://www.regulations.gov (our 

preferred method), or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Air and Radiation 

Docket, Mailcode 6102T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, and (2) OMB by mail to: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attention: Desk Officer 

for EPA, 725 17th Street, NW., 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Sohacki, Compliance and 

Innovative Strategies Division, Office of 

Transportation and Air Quality, 

Environmental Protection Agency, 2000 

Traverwood, Ann Arbor, Michigan 

48105; telephone number: 734–214–

4851; fax number: 734–214–4869; e-mail 

address: sohacki.lynn@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On September 14, 2006 (71 FR 54280), 

EPA sought comments on this ICR 

pursuant to 5 CFR 1320.8(d). EPA 

received no comments during the 

comment period. Any additional 

comments on this ICR should be 

submitted to EPA and OMB within 30 

days of this notice. 


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