Notice of Petition for Waiver of Hill PHOENIX From the Department of Energy Commercial Refrigerator, Freezer and Refrigerator-Freezer Test Procedure, 5782-5784 [2012-2563]
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CR–001]
Notice of Petition for Waiver of Hill
PHOENIX From the Department of
Energy Commercial Refrigerator,
Freezer and Refrigerator-Freezer Test
Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and
request for comments.
AGENCY:
This notice announces receipt
of and publishes the Hill PHOENIX Inc.
(Hill PHOENIX) petition for waiver
(hereafter, ‘‘petition’’) from the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of commercial
refrigerators, freezers and refrigeratorfreezers. Through this notice, DOE also
solicits comments with respect to the
Hill PHOENIX petition.
DATES: DOE will accept comments, data,
and information with respect to the Hill
PHOENIX petition until March 7, 2012.
ADDRESSES: You may submit comments,
identified by case number CR–001, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
AS_Waiver_Requests@ee.doe.gov.
Include ‘‘Case No. CR–001’’ in the
subject line of the message.
• Mail: Ms. Brenda Edwards, 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 original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza SW., Washington, DC, 20024;
(202) 586–2945, between 9 a.m. and 4
p.m., Monday through Friday, except on
Federal holidays. Available documents
include the following items: (1) This
notice; (2) public comments received;
(3) the petition for waiver; and (4) DOE
rulemakings and waivers regarding
commercial refrigeration equipment.
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SUMMARY:
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Please call Ms. Brenda Edwards at the
above telephone number for additional
information.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Building Technologies Program,
Mail Stop EE–2J, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
AS_Waiver_Requests@ee.doe.gov.
Ms. Elizabeth Kohl, 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) 586–7796. Email:
mailto: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 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. 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)). Part C of
Title III provides for a similar energy
efficiency program titled ‘‘Certain
Industrial Equipment,’’ which includes
commercial refrigerators, freezers and
refrigerator-freezers and other types of
commercial equipment.1 (42 U.S.C.
6311–6317)
Section 343(a)(6)(C) of EPCA
(42 U.S.C. 6314(a)(6)(C)) directs DOE to
develop test procedures to establish the
appropriate rating temperatures for
products for which standards will be
established under section 342(c)(4), i.e.,
(1) ice-cream freezers; (2) commercial
refrigerators, freezers, and refrigeratorfreezers with a self-contained
condensing unit without doors; and (3)
commercial refrigerators, freezers, and
refrigerator-freezers with a remote
condensing unit. Other provisions of
section 343(a)(6) provide DOE with
additional authority to establish and
amend test procedures for commercial
refrigeration equipment. On December
1 For editorial reasons, upon codification in the
U.S. Code, Parts B and C were re-designated as Parts
A and A–1, respectively.
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8, 2006, DOE published a final rule
adopting test procedures for commercial
refrigeration equipment, effective
January 8, 2007. 71 FR 71340. Title 10
of the Code of Federal Regulations
(10 CFR) 431.64 directs manufacturers
of commercial refrigerators, freezers and
refrigerator-freezers to use AirConditioning and Refrigeration Institute
(ARI) Standard 1200–2006,
‘‘Performance Rating of Commercial
Refrigerated Display Merchandisers and
Storage Cabinets’’ when measuring the
energy consumption of those products.
DOE established energy conservation
standards for certain classes of
commercial refrigerators effective
January 1, 2012 (74 FR 1092, Jan. 9,
2009). The basic models included in
Hill PHOENIX’s petition are subject to
the applicable standards established in
that rulemaking and are therefore
required to be tested and rated
according to the prescribed DOE test
procedure, AHRI 1200–2006, as of
January 1, 2012.
The regulations set forth in 10 CFR
part 431.401 contain provisions that
enable a person to seek a waiver from
the test procedure requirements for
covered products. The Assistant
Secretary for Energy Efficiency and
Renewable Energy (the Assistant
Secretary) will grant a waiver if it is
determined that the basic model for
which the petition for waiver was
submitted contains one or more design
characteristics that prevents testing of
the basic model according to the
prescribed test procedures, or if 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 431.401(f)(4).
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. 10 CFR
430.401(b)(1)(iii). The Assistant
Secretary may grant the waiver subject
to conditions, including adherence to
alternate test procedures. 10 CFR
431.401(f)(4). Waivers remain in effect
pursuant to the provisions of 10 CFR
430.401(g).
II. Petition for Waiver
On December 1, 2011, Hill PHOENIX
submitted a petition for waiver from the
DOE test procedure applicable to
commercial refrigerators, freezers and
refrigerator-freezers set forth in 10 CFR
431.64. Hill PHOENIX requested the
waiver for its refrigerated display
merchandisers designed to display only
non-perishable products refrigerated for
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customer convenience. This equipment
is classified as commercial refrigerator,
freezer, and refrigerator-freezer with a
self-contained condensing unit and
without doors (category viii of the
applicable test procedure requirement
set forth in the table at 10 CFR
431.64(b)(2)). The applicable test
procedure for this equipment is ARI
1200–2006. Manufacturers are directed
to use this test procedure pursuant to
10 CFR 431.64.
Hill PHOENIX seeks a waiver from
the applicable test procedures under
10 CFR 431.64 on the grounds that its
refrigerated display merchandisers
contain design characteristics that
prevent testing according to the current
DOE test procedure. Specifically, Hill
PHOENIX asserts that the
merchandisers are not able to operate at
the specified integrated average
temperature of 38 °F. Consequently, Hill
PHOENIX requested that DOE grant a
waiver from the applicable test
procedures, allowing the specified
products to be tested at 50 °F, which
Hill PHOENIX asserts is the lowest
product application temperature.
The following basic models are
included in the petition:
FBI FT FEA NFD NFO NFT
OB SF
DOE makes decisions on waivers for
only those models specifically set out in
the petition, not future models that may
be manufactured by the petitioner. Hill
PHOENIX may submit a petition for
waiver for additional models of
commercial refrigerators, freezers and
refrigerator-freezers for which it seeks a
waiver from the DOE test procedure. In
addition, grant of a waiver does not
release a petitioner from the
certification requirements set forth at
10 CFR part 429.
IV. Summary and Request for
Comments
Through today’s notice, DOE
announces receipt of Hill PHOENIX’s
petition for waiver from the test
procedures that apply to commercial
refrigerators, freezers and refrigeratorfreezers. DOE is publishing Hill
PHOENIX’s petition for waiver in its
entirety pursuant to 10 CFR
430.401(b)(1)(iv). The petition contains
no confidential information.
DOE solicits comments from
interested parties on all aspects of the
petition. Pursuant to 10 CFR 431.401(d),
any person submitting written
comments must also send a copy of
such comments to the petitioner. The
contact information for the petitioner is:
Arnie Stephens,
Research and Development Manager,
Barker Specialty Products by Hill
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Jkt 226001
PHOENIX, 703 Franklin Street,
Keosauqua, IA 52565. All submissions
received must include the case number
for this proceeding, CR–001. Submit
electronic comments in WordPerfect,
Microsoft Word, Portable Document
Format (PDF), or text (American
Standard Code for Information
Interchange (ASCII)) file format and
avoid the use of special characters or
any form of encryption. Wherever
possible, include the electronic
signature of the author.
DOE does not accept telefacsimiles
(faxes). According to 10 CFR 1004.11,
any person submitting information that
he or she believes to be confidential and
exempt by law from public disclosure
should submit two copies: one copy of
the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Issued in Washington, DC, on January 30,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
December 1, 2011
Assistant Secretary for Energy Efficiency
and Renewable Energy U.S.
Department of Energy
To Whom It May Concern:
Subject: Petition for Test Waiver as
described in 10 CFR 431.401
Barker Specialty Products by Hill
PHOENIX has several base models of
refrigerated display merchandisers that
operate significantly higher than the
specified application temperatures for
rating merchandisers in accordance
with 10 CFR 431.62 and 431.64. These
merchandisers are specifically designed
and produced to only display nonperishable products that are refrigerated
for customer convenience. The product
displayed in these merchandisers are
floral, wine and bulk produce that is not
required to be refrigerated under any
current food safety regulation. These
products are slightly chilled primarily
for customer convenience. There is
some extension of product life by
displaying it in a chilled space but it is
not a requirement.
These merchandisers are designed
specifically for these higher application
temperatures. Many of the components
in the merchandisers will not perform
adequately at lower application
temperatures. For example, the
evaporator coils on these cases are
smaller and designed to operate above
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5783
freezing, the insulation in the case is
thinner than what would be found in a
medium temperature (38 °F) application
merchandiser, and the airflow is
matched for the particular application.
In many instances, the merchandisers
do not have the capacity to meet the 38
°F product temperature requirements.
Requiring these merchandisers to
achieve a 38 °F integrated product
temperature requires significant design
changes to the merchandiser and results
in a more expensive product. In
addition, testing the merchandiser at the
medium temperature rating is extremely
unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data.
This petition is to waive the
requirement to test the merchandisers at
the rating temperature for medium
temperature of an integrated product
temperature of 38 °F. The remaining test
procedures will be followed and the
energy usage and limits will be
calculated based on current
specifications.
1. The following basic models are
included in this petition:
a. FBI
b. FT
c. FEA
d. NFD
e. NFO
f. NFT
g. OB
h. SF
2. These merchandisers are utilized
only for non-perishable merchandise
and operate at a higher product
temperature than 38 °F.
3. The test procedure requires these
models to be tested at the medium
temperature application rating of 38 °F.
This test is not representative of how
the merchandisers are utilized in
application.
4. Testing the merchandisers at this
application rating increases the design
and production costs of the case and is
unrepresentative of its true energy
consumption.
5. This petition is to waive the energy
usage tests being conducted at the
medium temperature application rating
of 38 °F. These merchandisers would be
tested and the energy usage recorded in
accordance with the remaining test
procedures, however the application
temperature rating would be an
integrated average temperature of 50°F.
6. The case models above are
designed and produced only for these
higher application temperatures.
7. While there are a limited number
of other manufacturers of similar
merchandisers, it is not known if the
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices
design is specific to these higher
temperature applications.
Very Respectfully,
Arnie Stephens
Research and Development Manager
[FR Doc. 2012–2563 Filed 2–3–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. RF–020]
Decision and Order Granting a Waiver
to Sub-Zero From the Department of
Energy Residential Refrigerator and
Refrigerator-Freezer Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
AGENCY:
The U.S. Department of
Energy (DOE) gives notice of the
decision and order (Case No. RF–020)
that grants to Sub-Zero, Inc. (Sub-Zero)
a waiver from the DOE electric
refrigerator and refrigerator-freezer test
procedures for determining the energy
consumption of residential refrigeratorfreezers for the basic models set forth in
its petition for waiver. Under today’s
decision and order, Sub-Zero shall be
required to test and rate its refrigeratorfreezers with dual compressors using an
alternate test procedure that takes this
technology into account when
measuring energy consumption.
DATES: This Decision and Order is
effective February 6, 2012.
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: Bryan.Berringer@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, 1000 Independence
Avenue SW., Washington, DC 20585–
0103, (202) 586–7796, Email:
Elizabeth.Kohl@hq.doe.gov.
SUMMARY:
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 Sub-Zero
a waiver from the applicable residential
refrigerator and refrigerator-freezer test
procedures found in 10 CFR part 430,
subpart B, appendix A1 for certain basic
models of refrigerator-freezers with dual
compressors, provided that Sub-Zero
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SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
17:27 Feb 03, 2012
Jkt 226001
tests and rates such products using the
alternate test procedure described in
this notice. Today’s decision prohibits
Sub-Zero 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).
Issued in Washington, DC, on January 30,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Sub-Zero, Inc. (Case
No. RF–020)
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,
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 electric refrigerators and
refrigerator-freezers is set forth in 10
CFR part 430, subpart B, appendix A1.
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 prescribed test
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
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. 10 CFR
430.27(b)(1)(iii).
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 of
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. Sub-Zero’s Petition for Waiver:
Assertions and Determinations
On September 6, 2011, Sub-Zero
submitted a petition for waiver and
application for interim waiver (petition)
from the test procedure applicable to
residential electric refrigerators and
refrigerator-freezers set forth in 10 CFR
Part 430, subpart B, appendix A1. SubZero is designing new refrigeratorfreezers that incorporate dual
compressors. In its petition, Sub-Zero
seeks a waiver from the existing DOE
test procedure applicable to refrigerators
and refrigerator-freezers under 10 CFR
Part 430 for Sub-Zero’s dual compressor
products. Sub-Zero states that the test
procedure was designed to test
independent, sealed systems while SubZero’s dual compressor products have
shared systems. Sub-Zero further states
that it may not be possible to use the
DOE test procedure for these products,
or that use of the DOE test procedure
would provide inaccurate results. In its
petition, Sub-Zero set forth an alternate
test procedure developed in conjunction
with an independent test laboratory.
DOE did not receive any comments on
the Sub-Zero petition.
The DOE test procedure for dual
compressor systems assumes
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]]>Agencies
[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5782-5784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2563]
[[Page 5782]]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CR-001]
Notice of Petition for Waiver of Hill PHOENIX From the Department
of Energy Commercial Refrigerator, Freezer and Refrigerator-Freezer
Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes the Hill
PHOENIX Inc. (Hill PHOENIX) petition for waiver (hereafter,
``petition'') from the U.S. Department of Energy (DOE) test procedure
for determining the energy consumption of commercial refrigerators,
freezers and refrigerator-freezers. Through this notice, DOE also
solicits comments with respect to the Hill PHOENIX petition.
DATES: DOE will accept comments, data, and information with respect to
the Hill PHOENIX petition until March 7, 2012.
ADDRESSES: You may submit comments, identified by case number CR-001,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: AS_Waiver_Requests@ee.doe.gov. Include ``Case No.
CR-001'' in the subject line of the message.
Mail: Ms. Brenda Edwards, 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 original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Please submit one signed original paper
copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., Washington, DC, 20024; (202) 586-2945, between
9 a.m. and 4 p.m., Monday through Friday, except on Federal holidays.
Available documents include the following items: (1) This notice; (2)
public comments received; (3) the petition for waiver; and (4) DOE
rulemakings and waivers regarding commercial refrigeration equipment.
Please call Ms. Brenda Edwards at the above telephone number for
additional information.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-0371. Email: AS_Waiver_Requests@ee.doe.gov.
Ms. Elizabeth Kohl, 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) 586-7796. Email:
mailto: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 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.
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)). Part C of Title III provides for a
similar energy efficiency program titled ``Certain Industrial
Equipment,'' which includes commercial refrigerators, freezers and
refrigerator-freezers and other types of commercial equipment.\1\ (42
U.S.C. 6311-6317)
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Parts B and C were re-designated as Parts A and A-1, respectively.
---------------------------------------------------------------------------
Section 343(a)(6)(C) of EPCA (42 U.S.C. 6314(a)(6)(C)) directs DOE
to develop test procedures to establish the appropriate rating
temperatures for products for which standards will be established under
section 342(c)(4), i.e., (1) ice-cream freezers; (2) commercial
refrigerators, freezers, and refrigerator-freezers with a self-
contained condensing unit without doors; and (3) commercial
refrigerators, freezers, and refrigerator-freezers with a remote
condensing unit. Other provisions of section 343(a)(6) provide DOE with
additional authority to establish and amend test procedures for
commercial refrigeration equipment. On December 8, 2006, DOE published
a final rule adopting test procedures for commercial refrigeration
equipment, effective January 8, 2007. 71 FR 71340. Title 10 of the Code
of Federal Regulations (10 CFR) 431.64 directs manufacturers of
commercial refrigerators, freezers and refrigerator-freezers to use
Air-Conditioning and Refrigeration Institute (ARI) Standard 1200-2006,
``Performance Rating of Commercial Refrigerated Display Merchandisers
and Storage Cabinets'' when measuring the energy consumption of those
products. DOE established energy conservation standards for certain
classes of commercial refrigerators effective January 1, 2012 (74 FR
1092, Jan. 9, 2009). The basic models included in Hill PHOENIX's
petition are subject to the applicable standards established in that
rulemaking and are therefore required to be tested and rated according
to the prescribed DOE test procedure, AHRI 1200-2006, as of January 1,
2012.
The regulations set forth in 10 CFR part 431.401 contain provisions
that enable a person to seek a waiver from the test procedure
requirements for covered products. The Assistant Secretary for Energy
Efficiency and Renewable Energy (the Assistant Secretary) will grant a
waiver if it is determined that the basic model for which the petition
for waiver was submitted contains one or more design characteristics
that prevents testing of the basic model according to the prescribed
test procedures, or if 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 431.401(f)(4). 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. 10 CFR 430.401(b)(1)(iii). The Assistant Secretary may
grant the waiver subject to conditions, including adherence to
alternate test procedures. 10 CFR 431.401(f)(4). Waivers remain in
effect pursuant to the provisions of 10 CFR 430.401(g).
II. Petition for Waiver
On December 1, 2011, Hill PHOENIX submitted a petition for waiver
from the DOE test procedure applicable to commercial refrigerators,
freezers and refrigerator-freezers set forth in 10 CFR 431.64. Hill
PHOENIX requested the waiver for its refrigerated display merchandisers
designed to display only non-perishable products refrigerated for
[[Page 5783]]
customer convenience. This equipment is classified as commercial
refrigerator, freezer, and refrigerator-freezer with a self-contained
condensing unit and without doors (category viii of the applicable test
procedure requirement set forth in the table at 10 CFR 431.64(b)(2)).
The applicable test procedure for this equipment is ARI 1200-2006.
Manufacturers are directed to use this test procedure pursuant to 10
CFR 431.64.
Hill PHOENIX seeks a waiver from the applicable test procedures
under 10 CFR 431.64 on the grounds that its refrigerated display
merchandisers contain design characteristics that prevent testing
according to the current DOE test procedure. Specifically, Hill PHOENIX
asserts that the merchandisers are not able to operate at the specified
integrated average temperature of 38[emsp14][deg]F. Consequently, Hill
PHOENIX requested that DOE grant a waiver from the applicable test
procedures, allowing the specified products to be tested at
50[emsp14][deg]F, which Hill PHOENIX asserts is the lowest product
application temperature.
The following basic models are included in the petition:
FBI FT FEA NFD NFO NFT OB SF
DOE makes decisions on waivers for only those models specifically
set out in the petition, not future models that may be manufactured by
the petitioner. Hill PHOENIX may submit a petition for waiver for
additional models of commercial refrigerators, freezers and
refrigerator-freezers for which it seeks a waiver from the DOE test
procedure. In addition, grant of a waiver does not release a petitioner
from the certification requirements set forth at 10 CFR part 429.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of Hill PHOENIX's
petition for waiver from the test procedures that apply to commercial
refrigerators, freezers and refrigerator-freezers. DOE is publishing
Hill PHOENIX's petition for waiver in its entirety pursuant to 10 CFR
430.401(b)(1)(iv). The petition contains no confidential information.
DOE solicits comments from interested parties on all aspects of the
petition. Pursuant to 10 CFR 431.401(d), any person submitting written
comments must also send a copy of such comments to the petitioner. The
contact information for the petitioner is: Arnie Stephens,
Research and Development Manager, Barker Specialty Products by Hill
PHOENIX, 703 Franklin Street, Keosauqua, IA 52565. All submissions
received must include the case number for this proceeding, CR-001.
Submit electronic comments in WordPerfect, Microsoft Word, Portable
Document Format (PDF), or text (American Standard Code for Information
Interchange (ASCII)) file format and avoid the use of special
characters or any form of encryption. Wherever possible, include the
electronic signature of the author.
DOE does not accept telefacsimiles (faxes). According to 10 CFR
1004.11, any person submitting information that he or she believes to
be confidential and exempt by law from public disclosure should submit
two copies: one copy of the document including all the information
believed to be confidential, and one copy of the document with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
Issued in Washington, DC, on January 30, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
December 1, 2011
Assistant Secretary for Energy Efficiency and Renewable Energy U.S.
Department of Energy
To Whom It May Concern:
Subject: Petition for Test Waiver as described in 10 CFR 431.401
Barker Specialty Products by Hill PHOENIX has several base models
of refrigerated display merchandisers that operate significantly higher
than the specified application temperatures for rating merchandisers in
accordance with 10 CFR 431.62 and 431.64. These merchandisers are
specifically designed and produced to only display non-perishable
products that are refrigerated for customer convenience. The product
displayed in these merchandisers are floral, wine and bulk produce that
is not required to be refrigerated under any current food safety
regulation. These products are slightly chilled primarily for customer
convenience. There is some extension of product life by displaying it
in a chilled space but it is not a requirement.
These merchandisers are designed specifically for these higher
application temperatures. Many of the components in the merchandisers
will not perform adequately at lower application temperatures. For
example, the evaporator coils on these cases are smaller and designed
to operate above freezing, the insulation in the case is thinner than
what would be found in a medium temperature (38 [deg]F) application
merchandiser, and the airflow is matched for the particular
application. In many instances, the merchandisers do not have the
capacity to meet the 38 [deg]F product temperature requirements.
Requiring these merchandisers to achieve a 38 [deg]F integrated product
temperature requires significant design changes to the merchandiser and
results in a more expensive product. In addition, testing the
merchandiser at the medium temperature rating is extremely
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data.
This petition is to waive the requirement to test the merchandisers
at the rating temperature for medium temperature of an integrated
product temperature of 38 [deg]F. The remaining test procedures will be
followed and the energy usage and limits will be calculated based on
current specifications.
1. The following basic models are included in this petition:
a. FBI
b. FT
c. FEA
d. NFD
e. NFO
f. NFT
g. OB
h. SF
2. These merchandisers are utilized only for non-perishable
merchandise and operate at a higher product temperature than 38 [deg]F.
3. The test procedure requires these models to be tested at the
medium temperature application rating of 38 [deg]F. This test is not
representative of how the merchandisers are utilized in application.
4. Testing the merchandisers at this application rating increases
the design and production costs of the case and is unrepresentative of
its true energy consumption.
5. This petition is to waive the energy usage tests being conducted
at the medium temperature application rating of 38 [deg]F. These
merchandisers would be tested and the energy usage recorded in
accordance with the remaining test procedures, however the application
temperature rating would be an integrated average temperature of
50[deg]F.
6. The case models above are designed and produced only for these
higher application temperatures.
7. While there are a limited number of other manufacturers of
similar merchandisers, it is not known if the
[[Page 5784]]
design is specific to these higher temperature applications.
Very Respectfully,
Arnie Stephens
Research and Development Manager
[FR Doc. 2012-2563 Filed 2-3-12; 8:45 am]
BILLING CODE 6450-01-P
