```


[Federal Register: April 24, 2007 (Volume 72, Number 78)]
[Notices]               
[Page 20333-20335]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap07-39]                         

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-006]

 
Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Liebherr Hausger[auml]te From the Department 
of Energy Electric Refrigerator and Electric Refrigerator-Freezer Test 
Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of decision and order.

-----------------------------------------------------------------------

SUMMARY: Today's notice publishes a Decision and Order (Case No. RF-
006) granting a waiver to Liebherr Hausger[auml]te (Liebherr) from the 
existing Department of Energy (DOE) test procedure for residential 
electric refrigerators and refrigerator-freezers, for its combination 
wine storage-freezer line of appliances.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, (202) 586-9611, E-mail: Michael.Raymond@ee.doe.gov; or 
Francine Pinto, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121, (202) 586-9507, E-mail: Francine.Pinto@hq.doe.gov.


SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l), notice 
is hereby given of the issuance of the Decision and Order set forth 
below. In the Decision and Order, the DOE grants Liebherr a Waiver from 
the electric refrigerator and electric refrigerator-freezer test 
procedures under 10 CFR 430.23(a), for its combination wine storage-
freezer products. This Waiver is applicable only to units whose wine 
storage compartment occupies more than 50 percent of the total volume 
of the unit and cannot be converted to any other type of compartment. 
Today's decision requires that any representations concerning the 
energy efficiency of these products are made consistent with the 
provisions and restrictions in the modified test procedure set forth in 
the Decision and Order below.

    Issued in Washington, DC, on April 9, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Liebherr Hausger[auml]te (Liebherr). (Case No. 
RF-006).

Background

    Title III of the Energy Policy and Conservation Act (``EPCA'') sets 
forth a variety of provisions concerning energy efficiency. Part B of 
Title III (42 U.S.C. 6291-6309) provides for the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results which measure energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential refrigerators and 
refrigerator-freezers is contained in 10 CFR part 430, subpart B, 
Appendix A1. DOE's regulations contain provisions that allow a person 
to petition for a waiver from any test procedure requirement for 
covered consumer products. These provisions are set forth in 10 CFR 
430.27. The waiver provisions authorize the Assistant Secretary for 
Energy Efficiency and Renewable Energy to temporarily waive the test 
procedure for a particular basic model, provided that the petitioner 
shows that the basic model contains one or more design characteristics 
that prevent testing according to the prescribed test procedures, or 
when the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption as to provide 
materially inaccurate comparative data. 10 CFR 430.27(l).
    The Assistant Secretary may grant the waiver subject to conditions, 
including adherence to alternate test procedures.\1\ Petitioners must 
include in their petition any alternate test procedures known to 
evaluate the basic model in a manner representative of its energy 
consumption characteristics. 10 CFR 430.27(b)(1)(iii). Waivers 
generally remain in effect until final test procedure amendments 
resolving the problem that is the subject of the waiver become 
effective.
---------------------------------------------------------------------------

    \1\ 10 CFR 430.27(1).
---------------------------------------------------------------------------

    On July 5, 2005, Liebherr submitted a Petition for Waiver from the 
electric refrigerator and electric refrigerator-freezer test procedure 
under 10 CFR 430.23(a). Liebherr requested a waiver from the DOE test 
procedure because, Liebherr asserts, its line of combination wine 
storage--freezer models are not accurately categorized by any of the 
current DOE classes for residential refrigeration appliances. The 
Liebherr product is currently classified as an automatic defrost 
refrigerator-freezer with bottom-mounted freezer. However, the wine 
storage compartment has a minimum temperature of 41 [deg]F, which makes 
the product unsuitable for general use as a refrigerator-freezer. 
Liebherr asserts that to apply the current test procedure for electric 
refrigerator-freezers would evaluate these products in a manner so 
unrepresentative of their true energy consumption characteristics as to 
provide materially inaccurate comparative data.
    Liebherr has proposed a modified test procedure based on the one 
prescribed for electric refrigerator-freezers under Appendix A1 to 
Subpart B of Part 430.

[[Page 20334]]

The test procedure for electric refrigerator-freezers requires that a 
temperature of 45 [deg]F be maintained in the refrigerator compartment; 
Liebherr's proposed method uses a temperature of 55 [deg]F in the wine 
storage compartment, as this is the standard temperature for single 
wine coolers. The freezer compartment of this unit would maintain a 
temperature of 5 [deg]F during the test and be treated as the freezer 
compartment of an electric refrigerator-freezer. All other portions of 
Liebherr's proposed test procedures would be identical to the 
procedures prescribed for electric refrigerator-freezers under Appendix 
A1 to subpart B of 10 CFR part 430.
    On January 13, 2006, DOE published inr the Federal Register 
Liebherr's Petition for Waiver, and solicited comments, data, and 
information respecting the petition. 71 FR 2198. DOE received one 
written comment from Whirlpool Corporation (Whirlpool) dated February 
14, 2006. Whirlpool acknowledged that the test procedures proposed by 
Liebherr are a reasonable means to determine energy consumption for 
this product line, but argued that the product better meets the 
definition of a freezer. According to Whirlpool, Liebherr's combination 
wine storage-freezer appliance resembles an electric freezer under the 
definition of ``freezer'' in 10 CFR 430.2, and should be tested with a 
modified version of the procedures for freezers in Appendix B1 to 
Subpart B of Part 430-Uniform Test Method for Measuring the Energy 
Consumption of Freezers. The difference between the DOE test procedure 
for refrigerator-freezers and Liebherr's modified test procedure is 
that the DOE test procedure requires the freezer compartment 
temperature be maintained at 0 [deg]F, instead of 5 [deg]F, as proposed 
by Liebherr. Liebherr submitted its rebuttal to Whirlpool's comment on 
June 30, 2006, which stated that classifying these appliances as 
electric freezers would be misleading because the majority of the 
volume within these appliances is designated for wine storage.
    DOE's regulations define the term ``freezer'' as ``a cabinet 
designed as a unit for the freezing and storage of food at temperatures 
of 0 F or below, and having a source of refrigeration requiring single 
phase, alternating electric energy input only.'' 10 CFR 430.2. DOE 
understands that this definition is an abridged version of the 
definition in the American National Standards Institute (ANSI)/
Association of Home Appliance Manufacturers (AHAM) Standard HRF-1-2004, 
``Energy, Performance and Capacity of Household Refrigerators, 
Refrigerator-Freezers and Freezers.'' In comparison, ANSI/AHAM HRF-1-
2004 defines the term ``freezer'' as ``a cabinet which is designed for 
the extended storage of frozen food at an average temperature of 0 
[deg]F (-17.8 [deg]C) or below and with inherent capability for 
freezing of food, which has a source of refrigeration, and which is 
intended for household use.'' Neither definition prohibits freezers 
from having a compartment for items other than frozen food. However, 
neither definition addresses the matter of a wine storage compartment 
because, until now, such types of compartments were used for 
refrigerating food items, and therefore such a unit would be considered 
a refrigerator-freezer. Further, because freezers are generally used 
for longer-term storage of food items than the freezer compartments of 
electric refrigerator-freezers, the temperature for a freezer is 0 
[deg]F, instead of 5 [deg]F for an electric refrigerator-freezer. 
Because the majority of the volume of Liebherr's combination product is 
configured for wine storage, DOE agrees with Liebherr that 5 [deg]F is 
the proper test temperature for the freezer compartment.
    The National Institute of Standards and Technology (NIST) reviewed 
the Petition for Waiver, the comment submitted by Whirlpool, and the 
rebuttal submitted by Liebherr, and believes that the modified test 
procedure proposed by Liebherr is a reasonable method to test these 
units, provided that Liebherr meets the following two conditions: the 
wine storage compartment of these products shall not be capable of 
being converted into any other type of compartment, and the wine 
storage compartment of these products must account for at least 50 
percent of the total volume of the unit. NIST concluded that the 
combination wine storage-freezer line of appliances addressed under 
Liebherr's Petition for Waiver meets both of these criteria.

Assertions and Determinations

    Liebherr's Petition for Waiver asserts that there is not a current 
DOE test procedure for a combination wine storage-freezer, and thus the 
current test procedures would not measure the energy consumption in a 
representative manner. 71 FR 2199 (January 13, 2006). Liebherr asserts 
that its models WF 1051 and WFI 1051 do not fit into the current test 
procedures, and that ``to evaluate the models in a representative 
manner of its true energy consumption characteristics the standard 
temperature of single wine coolers (55 [deg]F) for the wine storage 
compartment and the standard temperature (5 [deg]F) for the freezer 
compartment should be used.'' (Liebherr Petition, page 3). Generally, 
it is agreed that 55 [deg]F is the best temperature for long-term 
storage of wine. Lower temperatures slow maturation, higher 
temperatures age the wine prematurely. It is therefore reasonable to 
test the wine storage compartment at 55 [deg]F, rather than the 45 
[deg]F temperature specified for refrigerator-freezers. In DOE's view, 
because of the minimum 41 [deg]F temperature in the wine storage 
compartment, the energy use characteristics of models WF 1051 and WFI 
1051 are not accurately represented by the DOE test procedures for 
refrigerators, refrigerator-freezers, and freezers. The Department 
agrees with Liebherr that testing these Liebherr products using a wine 
storage compartment temperature of 55 [deg]F, and a freezer compartment 
temperature of 5 [deg]F, will produce representative energy consumption 
results.
    DOE consulted with the Federal Trade Commission (FTC) concerning 
the Liebherr petition. The FTC did not have any objections to the 
issuance of the waiver to Liebherr. DOE also consulted with the 
National Institute of Standards & Technology (NIST), who agreed that 
the proposed alternate test method is a reasonable one.

Conclusion

    After careful consideration of all the material that Liebherr 
submitted, the comments received, and the review by NIST, it is ordered 
that:
    (1) The ``Petition for Waiver'' filed by Liebherr Hausgerte 
(Liebherr) (Case No. RF-006) is hereby granted as set forth in 
paragraph (2) below.
    (2) Liebherr shall test or rate its combination wine storage-
freezer products listed below using the modified version of the 
electric refrigerator-freezer energy test procedure proposed by 
Liebherr, specifically, with a wine storage compartment temperature of 
55 [deg]F, and a freezer compartment temperature of 5 [deg]F. The wine 
storage compartment of units tested by this method must not be 
convertible to any other type of compartment, and must account for 50% 
or more of the total volume:
    Combination Wine Freezer models:
    WF 1051, combination wine storage/freezer.
    WFI 1051, combination wine storage/freezer.
    (3) These combination wine storage/freezer products use a modified 
version of the test procedure for refrigerator-freezers based on an 
elevated temperature in one of the compartments, and therefore do not 
conform to any of the current DOE

[[Page 20335]]

refrigerator or refrigerator-freezer classes. They are therefore not 
eligible for ratings under EnergyStar.
    (4) Representations. Liebherr may make representations about the 
energy use of its wine storage/freezer products, for compliance, 
marketing, or other purposes, only to the extent that such 
representations are made consistent with the provisions outlined below.
    (5) This waiver shall remain in effect from the date this Decision 
and Order is issued until DOE prescribes final test procedures 
appropriate to the above model series manufactured by Liebherr.
    (6) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This waiver may be revoked or modified at any time upon a 
determination that the factual basis underlying the petition is 
incorrect, or DOE determines that the results from the modified test 
procedure are unrepresentative of the basic models' true energy 
consumption characteristics.

    Issued in Washington, DC, on April 9, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
 [FR Doc. E7-7757 Filed 4-23-07; 8:45 am]

BILLING CODE 6450-01-P
```