[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19886-19888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08076]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-035]


Decision and Order Granting a Waiver to Liebherr Canada Ltd. From 
the Department of Energy Residential Refrigerator and Refrigerator-
Freezer Test Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of its 
decision and order (Case No. RF-035) granting Liebherr Canada Ltd. 
(Liebherr) with a waiver from the DOE electric refrigerator and 
refrigerator-freezer test procedures for the basic models set forth in 
its petition for waiver. In its petition, Liebherr sought 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. Under today's decision and order, Liebherr shall be 
required to test and rate these refrigerator-freezers, subject to use 
of the alternate test procedure set forth in this notice.

DATES: This Decision and Order is effective April 10, 2014.

FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies 
Program, Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371, Email: 
[email protected].
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: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(l)), DOE gives notice of the 
issuance of its decision and order as set forth below. The decision and 
order grants Liebherr a waiver from the applicable residential 
refrigerator and refrigerator-freezer test procedures in 10 CFR part 
430, subpart B, appendix A for certain basic models of refrigerator 
which shares a control panel with an accompanying freezer, provided 
that Liebherr tests and rates such products using the alternate test 
procedure described in this notice. Today's decision prohibits Liebherr 
from making representations concerning the energy efficiency of these 
products unless the product has been tested consistent with the 
provisions and restrictions in the alternate test procedure set forth 
in the decision and order below, and the representations fairly 
disclose the test results.
    Distributors, retailers, and private labelers are held to the same 
standard when making representations regarding the energy efficiency of 
these products. 42 U.S.C. 6293(c).


[[Page 19887]]


    Issued in Washington, DC, on April 4, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

In the Matter of: Liebherr Canada Ltd. (Case No. RF-035)

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Pub. L. 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 residential electric refrigerators and refrigerator-
freezers 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, it 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 electric 
refrigerators and refrigerator-freezers is set forth 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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    DOE's regulations for covered products contain provisions allowing 
a person to seek a waiver from the test procedure requirements for a 
particular basic model for covered consumer products when (1) the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevent 
testing according to the prescribed test procedure, or (2) when 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(a)(1). 
Petitioners must include in their petition any alternate test 
procedures known to the petitioner to evaluate the basic model in a 
manner representative of its energy consumption characteristics.
    The Assistant Secretary for Energy Efficiency and Renewable Energy 
(the Assistant Secretary) may grant a 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).
    Any interested person who has submitted a petition for waiver may 
also file an application for interim waiver from the applicable test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the 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 on the petition for waiver. 10 CFR 430.27(g).

II. Liebherr's Petition for Waiver: Assertions and Determinations

    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 manner according TABLE 1--TEMPERATURE SETTINGS FOR ALL-
REFRIGERATORS. According to Liebherr, following this requirement is not 
possible for the models at issue unless the refrigerator is connected 
to the accompanying freezer, which houses the control panel for both 
appliances. Liebherr's petition seeks permission 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 asks to use an alternate test procedure 
to test these products. Specifically Liebherr proposes to place the 
refrigerator in a position for testing that would enable the freezer to 
be located close enough to attach the low voltage connection 
(approximately 18'') between the two components without interfering 
with the ambient air flow or other testing conditions. As part of this 
modification, the refrigerator's low voltage cable would be connected 
to the freezer, at which point, the freezer would be plugged in and 
switched off and the refrigerator portion of the control panel would be 
set to the appropriate temperatures for the refrigerator test.
    DOE has determined that it is desirable to have similar basic 
models, such as those addressed by this most recent Liebherr petition, 
tested in a consistent manner and is adopting the same approach laid 
out in its prior decision by permitting Liebherr to use the alternate 
test procedure specified in this Decision and Order.

III. Consultations with Other Agencies

    DOE consulted with the appropriate staff at the Federal Trade 
Commission (FTC) concerning the Liebherr petition for waiver. The FTC 
staff did not have any objections to granting a waiver to Liebherr.

IV. Conclusion

    After careful consideration of all the material that was submitted 
by Liebherr and DOE's consultation with the FTC staff, it is ordered 
that:
    (1) The petitions for waiver submitted by Liebherr Canada Ltd. 
(Case No. RF-035) are hereby granted as set forth in the paragraphs 
below.
    (2) Liebherr shall be required to test and rate the following 
Liebherr models according to the alternate test procedure set forth in 
paragraph (3) of this section:

RB 1420; and
R 1420.

    (3) Liebherr shall be required to test the products listed in 
paragraph (2) above according to the test procedures for electric 
refrigerator-freezers prescribed by DOE at 10 CFR part 430, appendix A, 
except that for the Liebherr products listed in paragraph (2) only, 
test its refrigerator models, with a modification to address the 
connection of the refrigerator to the freezer. For the purposes of 
granting the Decision and Order, DOE has modified slightly the language 
of Liebherr's suggested alternative test procedure to be more 
consistent with the language of the DOE test procedure. For the 
purposes of testing, the models addressed in this notice, 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

[[Page 19888]]

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.
    (4) Representations. Liebherr may make representations about the 
energy use of its refrigerator-freezer products for compliance, 
marketing, or other purposes only to the extent that such products have 
been tested in accordance with the provisions outlined above and such 
representations fairly disclose the results of such testing.
    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.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(m).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid and accurate. DOE may revoke or modify this waiver at any 
time if it determines the factual basis underlying the petition for 
waiver is incorrect, or the results from the alternate test procedure 
are unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in 
Liebherr's September 27, 2013, petition for waiver. The granting of 
this waiver does not release the petitioner from the certification 
requirements set forth at 10 CFR part 429.

    Issued in Washington, DC, on April 4, 2014.

Kathleen B. Hogan
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2014-08076 Filed 4-9-14; 8:45 am]
BILLING CODE 6450-01-P