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]

Download as PDF 5782 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. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 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. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:27 Feb 03, 2012 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 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06FEN1.SGM 06FEN1 5784 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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 E:\FR\FM\06FEN1.SGM 06FEN1

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