[Federal Register Volume 71, Number 9 (Friday, January 13, 2006)]
[Notices]
[Pages 2198-2199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-374]


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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 Hausger[auml]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.

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SUMMARY: Today's notice publishes a petition for waiver for Liebherr 
Hausger[auml]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: [email protected]; 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: [email protected], or [email protected].

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 Refrigerator-
freezers'' (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

[[Page 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 Hausger[auml]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 Hausger[auml]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 Hausger[auml]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-Hausger[auml]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[deg] F, which is the ideal drinking 
temperature for some white wines. But the unit goes as high as 
64[deg] F so that we can bring red wines to ideal drinking 
temperature as well. The wine connoisseurs recommend an average of 
55-57[deg] 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[deg] F) for the wine storage compartment and 
the standard temperature (5[deg] 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[deg] F-TW1) / (TW2-
TW1)]

--Energy consumption of the freezer:

EFreezer = ET1 + [(ET2-ET1) x (5[deg] 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[deg] 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 refrigerator-freezer with automatic defrost with 
bottom-mounted 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