Notice of Petition for Waiver of Felix Storch, Inc. (FSI) From the Department of Energy Commercial Refrigerator, Freezer and Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver, 26006-26023 [2013-10480]
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Issued at Washington, DC on April 29,
2013.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2013–10482 Filed 5–2–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CR–005]
Notice of Petition for Waiver of Felix
Storch, Inc. (FSI) From the Department
of Energy Commercial Refrigerator,
Freezer and Refrigerator-Freezer Test
Procedure, and Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
AGENCY:
SUMMARY: This notice announces receipt
of and publishes a petition for waiver
and application for interim waiver from
Felix Storch, Inc. (FSI) (hereafter,
‘‘petition’’) from the U.S. Department of
Energy (DOE) test procedure for
determining the energy consumption of
commercial refrigerators, freezers and
refrigerator-freezers. Today’s notice also
grants an interim waiver for specific
basic models to FSI from portions of the
DOE commercial refrigerator, freezer
and refrigerator-freezer test procedure.
Through this notice, DOE also solicits
comments with respect to the FSI
petition.
DOE will accept comments, data,
and information with respect to the FSI
petition until June 3, 2013.
ADDRESSES: You may submit comments,
identified by case number CR–005, by
any of the following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
AS_Waiver_Requests@ee.doe.gov.
Include ‘‘Case No. CR–005’’ 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,
DATES:
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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 9:00 a.m. and
4:00 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
application for interim 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:
Bryan.Berringer@ee.doe.gov.
Ms. Jennifer Tiedeman, 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) 287–6111. Email:
mailto:Jennifer.Tiedeman@
hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6311–17
(‘‘sections 6311–6317’’)), established the
Energy Conservation Program for certain
industrial equipment, which includes
commercial refrigeration equipment, the
focus of this notice.1 Part C specifically
includes definitions (42 U.S.C. 6311),
energy conservation standards (42
U.S.C. 6313), test procedures (42 U.S.C.
6314), labeling provisions (42 U.S.C.
6315), and the authority to require
information and reports from
manufacturers (42 U.S.C. 6316). With
respect to test procedures, Part C
authorizes the Secretary of Energy (the
Secretary) to prescribe test procedures
that are reasonably designed to produce
results that measure energy efficiency,
energy use, and estimated annual
operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C.
6314(a)(2))
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
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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 6313(c)(5),
including (1) Ice-cream freezers; (2)
commercial refrigerators, freezers, and
refrigerator-freezers with a selfcontained condensing unit without
doors; and (3) commercial refrigerators,
freezers, and refrigerator-freezers with a
remote condensing unit. Provisions of
section 6314(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. 71 FR 71340.
Title 10 of the Code of Federal
Regulations (10 CFR) 431.64 directs
manufacturers of commercial
refrigerators, freezers and refrigeratorfreezers to use certain sections of AirConditioning and Refrigeration Institute
(ARI) Standard 1200–2006,
‘‘Performance Rating of Commercial
Refrigerated Display Merchandisers and
Storage Cabinets’’ when measuring the
energy consumption of this equipment.
On January 9, 2009, DOE established
energy conservation standards for
certain classes of commercial
refrigerators, effective January 1, 2012,
and provided that the test procedures at
10 CFR 431.64 apply to that equipment.
74 FR 1092, 96. The basic models
included in FSI’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 as of January 1, 2012.
DOE’s regulations for covered
products and equipment permit a
person to seek a waiver from the test
procedure requirements for covered
commercial equipment if at least one of
the following conditions is met: (1) The
petitioner’s basic model contains one or
more design characteristics that prevent
testing according to the prescribed test
procedures; or (2) 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 431.401(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. 10 CFR
431.401(b)(1)(iii). The Assistant
Secretary for Energy Efficiency and
Renewable Energy (Assistant Secretary)
may grant a waiver subject to
conditions, including adherence to
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alternate test procedures. 10 CFR
431.401(f)(4). Waivers remain in effect
according to the provisions of 10 CFR
431.401(g).
The waiver process also permits
parties submitting a petition for waiver
to file an application for interim waiver
of the applicable test procedure
requirements. 10 CFR 431.401(a)(2). The
Assistant Secretary will grant an interim
waiver if it is determined that the
applicant will experience economic
hardship if the application for 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 of the petition for waiver.
10 CFR 430.401(e)(3). An interim waiver
remains in effect for 180 days or until
DOE issues its determination on the
petition for waiver, whichever is sooner.
DOE may extend an interim waiver for
an additional 180 days. 10 CFR
430.401(e)(4).
II. Application for Interim Waiver and
Petition for Waiver
On January 31, 2013, FSI submitted a
petition for waiver from the DOE test
procedure applicable to commercial
refrigerators, freezers and refrigeratorfreezers set forth in 10 CFR 431.64, as
well as an application for interim
waiver. FSI requested the waiver for
certain basic models of its commercial
ice cream freezers. This equipment is
classified as a commercial ice cream
freezer (category (vii)) in the table listing
some of the applicable test procedure
requirements at 10 CFR 431.64(b)(3)).
The applicable test procedure for this
equipment is specified in 10 CFR
431.64(b), which incorporates by
reference ARI Standard 1200–2006,
section 3, ‘‘Definitions,’’ section 4, ‘‘Test
Requirements,’’ section 7, ‘‘Symbols and
Subscripts,’’ and, section 5, ‘‘Rating
Requirements for Remote Commercial
Refrigerated Display Merchandisers and
Storage Cabinets.’’
FSI seeks a waiver and interim waiver
from the applicable test procedure
under 10 CFR 431.64 on the grounds
that its commercial ice cream freezers
contain design characteristics that
prevent testing according to the current
DOE test procedure. Specifically, FSI
asserts that particular basic models of
commercial ice cream freezers are not
able to operate at the specified
integrated average temperature of
¥15 °F, which is required for testing
and rating purposes. Instead, FSI asserts
that the equipment can only operate
from 0 °F to ¥5 °F. Consequently, FSI
requested that DOE grant a waiver from
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the applicable test procedure, allowing
the specified products to be tested at an
integrated average temperature of 0 °F,
which FSI asserts is an acceptable
temperature at which to test the
specified basic models. FSI further
asserts that these basic models of
commercial ice cream freezers are
designed to maintain the frozen state of
an already frozen product, not to lower
the temperature of non-frozen products
to the 0 °F to ¥5 °F operating
temperature.
In addition, FSI asserts that the
commercial ice cream freezers subject to
the petition also have significantly
greater volumes per unit of total display
area (TDA) than other commercial
freezers of a similar type and function.
FSI believes the current method of
measurement for TDA in the DOE test
procedure does not provide a fair and
accurate representation of the display
area and, therefore, the energy use of its
products. FSI is requesting an
adjustment or allowance for the
measurement of TDA.
The Department articulated its
position regarding basic models of
commercial refrigeration equipment that
are not capable of operating at the
required integrated average temperature
specified by the DOE test procedure in
a test procedure final rule published on
February 21, 2012. 77 FR 10292.
Specifically, to qualify to use the lowest
application product temperature for a
certain piece of equipment, a
manufacturer should be confident that
any case tested under that provision
could achieve the specified lowest
application product temperature within
±2 °F and could not be tested at the
rating temperature (i.e., integrated
average temperature specified by the
DOE test procedure) for the given
equipment class. Further, in the final
rule, DOE clarified that, for many pieces
of equipment, the lowest application
product temperature that should be
used for testing will be the lowest
temperature setting on the unit’s
thermostat. 77 FR 10292, 10303
(February 21, 2012).
DOE agrees with FSI’s assertion that
the basic models identified in its
petition cannot be operated at the
associated rating conditions currently
specified for commercial ice cream
freezers in the DOE test procedures
given the available data. However, when
the temperature knob is set to the
coldest setting as described in the
February 2012 final rule, DOE has
confirmed that the corresponding
integrated average temperature achieved
during operation by these basic models
is approximately ¥8 °F. In light of this
and DOE’s position in the February
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2012 final rule, DOE has concluded that
FSI’s request to test these basic models
of commercial ice cream freezers at an
integrated average temperature of 0 °F is
inappropriate. Instead, DOE has
determined that the basic models of
commercial ice cream freezers listed in
FSI’s petition should be tested at their
lowest application product temperature
as defined at 10 CFR 431.62, which
corresponds to an integrated average
temperature of ¥8 °F.
DOE rejects FSI’s request regarding
the use of an alternative calculation and
use of the TDA metric to characterize
the display area of the commercial ice
cream freezer. During the previous
rulemaking considering energy
conservation standards for commercial
refrigeration equipment, TDA was
chosen as the display metric because
DOE found through its own
investigation and research and after
receiving public comment on the issue
that it is most representative of the heat
loads that define the performance of
transparent-door equipment—namely
radiation and conduction through glass
doors. 74 FR 1092 (Jan. 9, 2009).
Additionally, since commercial ice
cream freezers are used for
merchandising in the retail
environment, ‘‘face area’’ (or area of
visible product), which is analogous to
TDA, is often used by retailers as the
metric of equipment capacity. In the
ongoing rulemaking it was reconfirmed
that TDA should be the metric of choice.
Consequently, DOE is not swayed by
FSI’s argument and does not believe that
the commercial ice cream freezers
described in the petition contain design
characteristics that make the methods of
determination and the TDA metric
unrepresentative and is denying this
portion of the petition.
Last, FSI has raised two smaller
testing issues, which DOE does not
believe merit any consideration. First,
FSI states that the packets used for
testing purposes should be pre-chilled
to 0 °F or ¥5 °F before the test is
started, implying that the current test
procedure incorporates some type of
pull-down period. FSI’s assertion is
incorrect; the DOE test procedure does
not incorporate a pull-down period
during the energy consumption test.
Instead, the DOE test procedure allows
the commercial ice cream freezer to be
loaded with room temperature product
simulators and filler packages, and
requires that the unit run until it has
reached steady-state operation at the
specified rating temperature for the
required stabilization period as defined
in sections 3 and 7.4 of ASHRAE 72–
2005. The actual energy consumption
test does not begin until the stabilized
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integrated average temperature is
reached and maintained. Consequently,
FSI’s request is denied. Second, FSI
asserts that the integrated average
temperature must stabilize prior to
starting the energy consumption test.
DOE agrees with FSI on this point,
however, stabilization is currently
required by the DOE test procedure, as
specified by ASHRAE 72–2005,
‘‘Method of Testing Commercial
Refrigerators and Freezers,’’ which is
incorporated by reference as part of the
DOE test procedure. Thus, FSI’s request
is redundant and unnecessary.
DOE has determined that one portion
FSI’s petition likely will be granted, and
that it is desirable for public policy
reasons to grant FSI relief pending a
determination on the petition. DOE
believes that it is likely FSI’s petition
will be granted because the commercial
ice cream freezers specified in FSI’s
petition are not able to operate at the
specified integrated average temperature
of ¥15 °F ± 2 °F. DOE previously
granted interim waivers to Hill
PHOENIX Inc. and Hussmann based on
a similar issue pertaining to the ability
to test certain of their products at the
specified integrated average temperature
in the DOE test procedure. (77 FR 5782,
February 6, 2012, and 77 FR 4800, Jan.
31, 2012, respectively) In addition, DOE
has determined that it is desirable that
the energy efficiency of this equipment
be tested and rated in a manner similar
to other commercial refrigeration
equipment while DOE considers the
petition for waiver. As a result, DOE
grants an interim waiver to FSI for the
specified models of its commercial
refrigerator products. Therefore, it is
ordered that:
The application for interim waiver
filed by FSI is hereby granted for the
basic models of commercial ice cream
freezer specified in FSI’s application,
subject to the provisions specified in
section III below. FSI shall be required
to test and rate the specified basic
models according to the alternate test
procedure as set forth in section III,
‘‘Alternate test procedure.’’
The interim waiver applies to the
following basic models:
SCF694, SCF695S, SCF1094, SCF1095S,
SCF1494, SCF1495S, SCF1694,
SCF1695S, SCF1894, SCF1895S,
SCF630, SCF940, SCF1310, and
SF1710
DOE makes decisions on waivers and
interim waivers for only those models
specifically set out in the petition, not
future models that may be manufactured
by the petitioner. FSI may submit a
petition for waiver and application for
interim waiver, as appropriate, for
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additional models of commercial
refrigerators, freezers and refrigeratorfreezers for which it seeks a waiver from
the DOE test procedure. In addition,
DOE notes that grant of an interim
waiver or waiver does not release a
petitioner from the certification
requirements set forth at 10 CFR part
429.
III. Alternate Test Procedure
As a condition for granting this
interim waiver to FSI, DOE requires FSI
to test the commercial ice cream freezers
specified in its January 31, 2013 petition
and listed above according to the test
procedure specified at 10 CFR 431.64,
except that instead of testing at the
required integrated average temperature
of ¥15 ± 2 °F, FSI shall test the
specified basic models at an integrated
average temperature of ¥8 ± 2 °F, which
DOE confirmed is the lowest
temperature at which those models can
operate.
DOE notes that it has published an
amended test procedure for commercial
refrigeration equipment. (77 FR 10292,
Feb. 21, 2012). The amended test
procedure addresses the testing issue
addressed in this waiver, requiring
products to be tested at their lowest
application product temperature. Id.
Use of the amended test procedure will
be required on the compliance date of
any amended standards for this
equipment.
IV. Summary and Request for
Comments
Through today’s notice, DOE
announces receipt of FSI’s petition for
waiver from the test procedures that
apply to commercial refrigerators,
freezers and refrigerator-freezers. For the
reasons articulated above, DOE also
grants FSI an interim waiver from those
procedures as described above. DOE is
publishing FSI’s petition for waiver in
its entirety pursuant to 10 CFR
431.401(b)(1)(iv). Confidential business
information has been redacted from the
petition. Furthermore, today’s notice
includes an alternate test procedure that
FSI is required to follow as a condition
of its interim waiver.
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:
Paul Storch, President, Summit
Appliance Div., Felix Storch, Inc., 770
Garrison Ave., Bronx, NY 10474. All
submissions received must include the
agency name and case number for this
proceeding. Submit electronic
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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).
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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
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determination about the confidential
status of the information and treat it
according to its determination.
Issued in Washington, DC, on April 29,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
BILLING CODE 6450–01–P
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January 31, 2013
Dr. David Danielson
Assistant Secretary
Energy Efficiency and Renewable Energy
U.S. Department of Energy
1000 Independence Ave., SW
Washington, DC 20585
RE:
Application/or Interim Waiver pursuant to 10 C.F.R. §
431.401/or basic Summit models: SCF694, SCF695S,
SCF1094, SCF1095S, SCF1494, SCF1495S, SCF1694,
SCF1695S, SCF1894, SCF1895S, SCF630, SCF940,
SCF1310, and SF1710
This application for interim waiver applies to the following models: SCF694, SCF695S,
SCF1094, SCFI095S, SCF1494, SCF1495S, SCF1694, SCF1695S, SCF1894,
SCF1895S, SCF630, SCF940, SCF13lO, and SF171O. Jointly, these models are referred
to throughout as "Freezers." Further information to support this application is contained
in the Petition for Waiver filed simultaneously to this application.
FSI though this Application for Interim Waiver will demonstrate likely success of the
Petition for Waiver and address what economic hardship and/or competitive disadvantage
is likely to result absent a favorable determination on the Application for Interim Waiver.
CONFIDENTIAL BUSSINESS INFORMATION
Likelihood Success on the Merits
This action was initiated at the suggestion of DOE after discussing the design and
operation of certain FSI commercial freezers. During those conversations, FSI and DOE
discussed specific changes to the test procedures that would provide a more
representative indicator of energy consumption for comparative purposes. It was agreed
that FSI would submit this waiver request with an understanding that the waiver would be
granted.
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26011
Ice-cream freezers are part of a suite of products that FSI offers its commercial
customers; others include ice-makers, beverage refrigerators, compact commercial
refrigerators, wine cellars, beer dispensers, juice mixers, etc.
Conclusion
FSI initiated this Application for Interim Waiver at the suggestion of DOE after the
department learned of the unique design and operation ofFSI's freezers and it is FSI's
that DOE will
For these reasons, FSI respectfully requests that you
grant an interim waiver of the test procedures of 10 C.F.R. § 431.64.
Respectfully submitted,
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Paul Storch
Summit Appliance Div. Felix Storch, Inc.
770 Garrison Ave. Bronx, NY 10474 USA
PH. 718-893-3900
FAX: 718-842-3093
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January 31, 2013
Building Technologies Program
U.S. Department of Energy
Test Procedure Waiver
1000 Independence Ave., SW
Mailstop EE-2J
Washington, DC 20585-0121
RE:
Petition for Waiver of Test Procedures for Commercial
Freezers pursuant to 10 C.F.R. § 431.401 for basic
Summit models: SCF694, SCF695S, SCF1094, SCF1095S,
SCF1494,SCF1495S,SCF1694,SCF1695S,SCF1894,
SCF1895S, SCF630, SCF940, SCF131O, and SF1710
INTRODUCTION
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Felix Storch, Inc. (FSI) is a small business engaged in importing, manufacturing, and
distributing appliances to niche markets in household, commercial, and medical
.
.
as well as household
. and
Located in the South B
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26013
This Petition for Waiver regards FSI's commercial ice-cream freezers that are designed to
operate at significantly warmer temperatures than specified in the testing requirements
for ice-cream freezers (-15 OF), as adopted by the Department of Energy (DOE) at 10
C.F .R. § 431.64. FSI Freezers also have significantly greater volumes per unit of total
display area (TDA) than other commercial freezers. This factor, which can increase
significantly the space/volume refrigerated, must be considered in any representative test
procedures for energy standards. As such, the current regulatory test procedures do not
provide a fair and accurate representation of the energy use of the products listed below.
For this reason, FSI respectfully requests a waiver of the test procedures provided for
commercial refrigeration in 10 C.F .R. § 431 (2012).
In the interim, until due process on the petition is carried out, FSI is filing an Application
for Interim Waiver to avoid economic hardship that it might experience absent a
favorable determination on its Application for Interim Waiver.
I. Models for which a wavier is requested.
This waiver request applies to the following models: SCF694, SCF695S, SCFl 094,
SCFI095S, SCF1494, SCFI495S, SCF1694, SCFI695S, SCF1894, SCFI895S, SCF630,
SCF940, SCF1310, and SFI710. Jointly, these models are referred to throughout as
"Freezers." These Freezers are designed to operate at significantly higher temperatures
than the temperature specified in applicable testing temperatures for ice-cream freezers (15 OF) as adopted by the Department of Energy (DOE) at 10 C.F.R. § 431.64. The
Freezers also have significantly greater volumes per unit than other commercial freezers;
this is not accounted for adequately by the total display area (TDA) approach. Because
of these factors, the current regulatory test procedures do not provide a fair and accurate
representation of the energy use of these models.
II.
Manufacturers of other basic models marketed in the United States known
by FSI to incorporate similar design characteristics.
The manufacturers of other basic models marketed in the United States and known to the
FSI to incorporate similar design characteristic(s) are included in Attachment B.
The proscribed test procedures evaluate FSI's models in a manner so
unrepresentative of their true energy consumption characteristics as to
provide materially inaccurate comparative data.
The proscribed test procedures at 10 C.F.R. § 431.64 provide for an evaluation of the
Freezers in a manner so unrepresentative of their true energy consumption characteristics
as to provide materially inaccurate comparative data. FSI's Freezers are not designed,
constructed, or capable of maintaining the -15 OF testing temperature required by DOE
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III.
26014
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
test procedures. The TDA-based formula in the test procedures fails to account for the
increased volume of certain freezers with variation in the depth of certain freezers.
A. FSI's Freezers are not designed to operate at -15 of, and measuring the
models' energy consumption while at this temperature would provide data
unrepresentative of their true energy consumption.
The uniform test methods for measuring the energy consumption of commercial icecream freezers 2 require the measurement of daily energy consumption while operating at
- 15 of. 10 C.F.R. §431.64(b)(2)(vii). FSI's Freezers are not designed, constructed, or
capable of maintaining a-IS of temperature. FSI's Freezers, as confirmed by the
manufacturers, are designed to operate at 0 OF (-18 °C).3
Testing FSI's Freezers at - 15 ° F strains the compressor, forcing it to operate
continuously in an uncharacteristic manner, leading to inaccurate energy consumption
data of a Freezer intended to operate at 0 OF (-18°C). Consequently, the current test
procedures provide unrepresentative data by which to assess FSI's Freezers in a fair and
comparative manner.
The Freezers are designed to maintain the frozen state of an already frozen product, not to
lower the temperature of non-frozen products to the 0 of to -5 of operating temperature.
B. The TDA-based formula that DOE established to test commercial ice-cream
freezers fails to account for a variance in freezer volume associated with
depth.
2 Technically, FSI's Freezers do not conform to DOE's definition of "ice-cream freezer." The regulations
define "ice-cream freezer" as a "commercial freezer that is designed to operate at or below -5 of (-21°C)
and that the manufacturer designs, markets, or intends for the storing, displaying, or dispensing of ice
cream." 10 C.F.R. § 431.62. As mentioned above, FSI's Freezers are designed to operate at 0 OF (-18
0c). They do not meet the precise definition of ice-cream freezers and instead more closely resemble the
standard for low temperature (freezers) that specifies a 0 OF temperature for testing. See Energy
Conservation Program for Commercial and Industrial Equipment: Energy Conservation Standards for
Commercial Ice-Cream Freezers; Self-Contained Commercial Refrigerators, Commercial Freezers, and
Commercial Refrigerator-Freezers Without Doors; and Remote Condensing Commercial Refrigerators,
Commercial Freezers, and Commercial Refrigerator Freezers, 74 Fed. Reg. 1,092, 1,104, Table IV-4 (Jan.
9, 2009) (to be codified at 10 C.F.R. pt. 431).
3 See Attachment A, certifications from the manufacturers that the Freezers are designed to operate at 0 OF
(-18°C).
4 See Attachment C, a schematic of FSI step bottom freezers with calculations.
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The formula that DOE employs to determine the energy conservation standard for icecream freezers is based on the total display area (TDA) of the unit. 10 C.F.R. §§
431.66(a)(3), (d)(1). This approach relies solely on the cross sectional area of the unit
and fails to account for increased depth/volume of certain freezers, such as FSI's
Freezers. 4 This additional capacity necessitates additional energy consumption to cool
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
26015
the larger space. DOE's current approach, which is dependent on the TDA, penalizes
freezers with greater depths by requiring them to meet the same efficiency requirements
of lower volume models. The standards currently apply the same formula to freezers
with different volumes. This results in such unrepresentative data of the Freezer's true
energy consumption characteristics as to provide materially inaccurate comparative data.
Consequently, FSI requests that DOE grant a waiver from the test procedures for the
measurement of energy consumption of commercial refrigerators, freezers, and
refrigerator-freezers at lO C.F.R. § 431, in accordance with the proposed test procedures
outlined in section IV, below.
IV.
Alternative procedures known to FSI to evaluate the characteristics of the
Freezers in a manner representative of their energy consumption.
FSI has done extensive research and consultations with the manufacturer, including
review of the ASHRAE and AHI standards. Based on information provided by the
manufacturer, FSI recommends the following procedures to test the Freezers in a
representative manner and in accordance with their design parameters:
1. The test should be conducted at an average temperature of 0 of (-18°C) pursuant
to manufacturer design specifications.
2. The requirement that the volume of the freezer be filled 80% with product should
be modified to specifY that all fill products must be pre-frozen to 0 of or colder.
3. To compensate for the depth and bottom contours of the freezer, the energy
consumption measured should include an adjustment factor to account for added
depth/volume not reflected in the TDA. For example, SCFlO94 could be
multiplied by 72% to account for increased volume over flat bottom freezers and
correspondent smaller volumes despite the same TDA.
4. The freezer temperature should be stabilized to observe compressor cycling
before the test is initiated.
5. Assure proper calculation ofTDA by the laboratory conducting the test
procedures. 5
5 See, e.g., Attachment D, a submittal on the TDA calculation from the manufacturer for model SCF 1094.
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A. The test should be conducted at an average temperature of 0 of (-18 °C)
pursuant to manufacturer design specifications.
26016
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
DOE's use of -15 OF as a temperature test is not appropriate because the definition of
"ice-cream freezer" is overly narrow. In its 2009 rulemaking adopting the energy
conservation standards for commercial ice-cream freezers, DOE acknowledged that there
are similar freezers for many different applications, including specific cabinets for the
hardening of ice cream, which do need to operate at these colder temperatures. 6 DOE
also acknowledged the differences between freezers intended to pull frozen products
down to temperature and storage freezers, but chose -15 OF as the temperature for all
testing. However, freestanding cabinets from most of the manufacturers of free-standing
commercial freezers operate at temperatures warmer than -15 of. Designing for -15 OF
would result in freezers with thicker walls and larger compressors. These design changes
would result in retailers purchasing freezers of a greater size (for a fixed amount of
product), resulting in higher industry costs and overall greater use of energy.
Additionally, ARI Standard 1200,2006, which DOE frequently references in its
rulemaking process, further supports the use of a test temperature of 0 of. In its
definition of ice-cream applications in Section 3.14.1, ARI specifies that the product
temperature for ice-cream applications is 0.0 OF ±2 OF.?
B. Assure all fill material is pre-frozen to 0 OF to - 5 OF.
The Freezers are designed for the storage of already frozen ice-cream at serving
temperatures, primarily between 0 OF and -5 OF. None of these Freezers are ~d to
freeze products that are not already frozen. The use and care manual for the _
freezers states that "[t]he appliance is not suitable for freezing products, but meant as a
storage unit for pre-frozen products." As such, the requirement that the volume of the
freezer be filled 80% with product should be modified to specify that all fill products
must be pre-frozen to 0 OF or colder.
C. The formula, which relies solely on TDA, should be adjusted to account
for variations in freezer depths/volumes.
674 Fed. Reg. at 1,103.
7 Air-Conditioning and Refrigeration Institute, STANDARD FOR PERFORMANCE OF COMMERCIAL
REFRIGERATED DISPLAY MERCHANDISERS AND STORAGE CABINETS: STANDARD 1200 3 (2006)
("Commercial Refrigerated Display Merchandisers and Storage Cabinets intended for Ice Cream
Application shall have an Integrated Average Temperature of all test package averages of 0.0 OF ± 2 OF .").
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The TDA-centric formula should be adjusted to account for varying freezer volumes.
The formula used for setting maximum temperature usage for product class HCT-SC.I of
0.56 X TDA + 0.43 results in the same permissive usage of energy for any freezer with
the same cross sectional display area, whether the freezers were shallow inside (as are
some with flat bottoms) or extra deep (as are all of those in this waiver petition).
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
26017
All self-contained horizontal storage freezers contain a compressor, which is generally
mounted on one side of the freezer near the bottom. Some manufacturers place the inner
"floor" of the freezer at a level flat across the top of the compressor housing. This is
simpler and cheaper to manufacture because it requires only a rectangular inner cabinet.
This construction has the same total display area as more expensive freezers that provide
for a compressor step. Flat bottom freezers have a smaller volume, allowing for
manufacture with smaller components, and thereby resulting in a lower price. All the FSI
Freezers have a more expensive construction, which extends the interior to the floor
(except for the compressor section).
Because energy usage is a function of overall volume, rather than top cross sectional area,
it is reasonable to incorporate an adjustment factor to properly account for deeper, more
voluminous freezers. While FSI, as a small business, is not in a position to survey the
entire industry, FSI can document, for example, that 28% of the volume of the SCF 1094
Freezer is below the compressor height step.s It would be justified to apply an
adjustment factor to account for the 28% higher energy usage for that model as
compared to a flat bottom freezer with the same TDAs. Under current regulation both
freezers are subjected to the same allowed maximum energy usage because the TDAs are
the same.
D. Before initiating the test, stabilize the temperature and assure proper
TDA application.
The freezer temperature should be stabilized to observe compressor cycling before the
test is initiated. All FSI Freezers are manually defrosted, and have no defrost cycle.
Upon initial start-up, the Freezers will run continuously until the inner liner, components,
air, and contents are at the design temperature. The freezer will then cycle on and off to
maintain the set point temperature (default is 0 OF). Also, the test procedures should
assure proper calculation ofTDA by the laboratory conducting the test procedures. 9
CONCLUSIONS
8 The interior schematic and basis for the calculation is shown in Attachment C.
9 See, e.g., Attachment D, the TDA calculation from the manufacturer for model SCFl 094.
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FSI respectfully requests DOE to waive the test procedures for commercial ice-cream
freezers in lieu of a representative test as described above to provide a representative
comparison of energy consumption. FSI's Freezers are not designed, constructed, or
capable of maintaining the -15 of testing temperature required by DOE in the energy test
procedures for the measurement of energy consumption of commercial ice-cream freezers
at 10 C.F .R. § 431.64. FSI's Freezers are also designed to operate at a temperature
higher than the temperature used by DOE to define commercial ice-cream freezers.
Additionally, the current test procedures do not account for the wide variance in freezer
volume. It is materially inaccurate to compare the energy consumption of FSI's Freezers
to other shallower models with the same TDA because FSI's models must refrigerate
26018
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
28% more space. A more accurate test procedure would measure energy consumption in
terms of the amount of energy used to refrigerate each cubic foot of interior space. For
these reasons, FSI respectfully requests that DOE waive the test procedures at 10 C.F .R.
§ 431.64 for FSI's Freezers.
Respectfully submitted,
Paul Storch, President
Summit Appliance Div. Felix Storch, Inc.
770 Garrison Ave. Bronx, NY 10474 USA
PH. 718-893-3900
FAX: 718-842-3093
ATTACHMENT A
Mr. David Case
U.S. D.O.E.
Washington, DC
The following _
models, built by us in _
for Felix Storch, Inc all are
designed to operate within the range of 0 degrees F to -5 degrees F and are designed only
to display per-chilled contents:
SCF694! SCF695S
SCFI094! SCFI095S
SCF1494! SCF1495S
SCF1694! SCF1695S
SCF1894!1895S
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Best regards
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
26019
Mr. David Case
U.S. D.O.E.
Washington, DC
Date
31101/13
SCF glass lid freezers
The following models, built by _
for Felix Storch, Inc all are designed to
operate within the range of +5 degrees F to -5 degrees F and are designed only to display
per-chilled contents:
SCF630
SCF940
SCF1310
SCF17l0
Yours faithfully
ATTACHMENT B
Manufacturers of Domestically Marketed Units of the Same Product Type
Turbo Air
1250 Victoria Street
Carson CA 90746
Model TGF-9
Delfield (division of Manitowoc)
980 S. Isabella Road
Mt. PLeasant, Ml48858
Atlas Metal Products
1135 N.W. 159th Drive
Miami,
33169
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Model N227
26020
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
Models WDG-2 and WDF-3
Kysor-Warren Division
Heatcraft Worldwide Refrigeration
5201 Transport Boulevard
Columbus, GA 31907
Model LDIDC
Electro]ux Home Products
PO Box 212378
Augusta, GA 30917
Frigidaire FCCG Series glass lid commercial freezers
Manufacturing
2001 East Terra Lane
O'Fallon, MO 63366
TFM series
Masterbilt
908 Highway 15 N.
New Albany, MS 38652
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TDM8
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
26021
ATTACHMENT C
SLIDING GLASS LID COMMERCIAL FREEZERS
FRONT VIEW
I
C
I
I
I
IE
I
t
I
I
A:HEIGHTOFCO~SORS~
9718INCImS
B; WIDTII OF COMPRESSOR STEP:
81/4INCImS
C: HEIGHT TO LOAD LINE!
23 518 INelmS
D: INTERIOR wmlH
SCl'6lO
24 112 INCHES
SCl'94{l
32 1M INCHES
SCl'I310
45SI8INCIDlS
SCl'17l0
57 112 INCHES
E: tNTIllUOR DBi'TlIOF ALL UN1TS
19718 !Nama
BXTElUORHmom: OF ALL MODELS 35114 INCImS
MODEL NO.
SCF630 TO SCF1710
TYPE: SLID
TOP
~
FELIX STORCH INC
(718) 893-3900
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W'IrfW,$ummitappliance.oom
26022
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
ATTACHMENT D
SCF1094 CALCULATION OF AREA
BELOW COMPRESSOR STEP
(REFER TO DIAGRAM)
OVERALL AREA
F x H x G + (E F) x J x G
28.98 x 29.53 x 21.1 + 7.87 x 19.69 x 21.1
18,057 cubic inches + 3,270 cubic inches = 2 1,327/1728 = 12.3 cu ft
AREA UNDER STEP
Fx(H J)xG
28.98 x 9.84 x 21.1
3.482 cu ft
EN03MY13.031</GPH>
28.3 %
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3.482112.3
6017 cubic inches
Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices
Generation LLC, Long Beach Peakers
LLC, Louisiana Generating LLC,
Middletown Power LLC, Montville
Power LLC, NEO Freehold-Gen LLC,
DEPARTMENT OF ENERGY
Norwalk Power LLC, NRG Energy
Center Dover LLC, NRG Energy Center
Federal Energy Regulatory
Paxton LLC, NRG New Jersey Energy
Commission
Sales LLC, NRG Rockford LLC, NRG
Rockford II LLC, NRG Solar Alpine LLC,
Combined Notice of Filings #1
NRG Solar Avra Valley LLC, NRG Solar
Borrego I LLC, NRG Solar Blythe LLC,
Take notice that the Commission
NRG Solar Roadrunner LLC, NRG
received the following electric rate
Sterlington Power LLC, Oswego Harbor
filings:
Power LLC, Reliant Energy Northeast
Docket Numbers: ER10–1569–002;
LLC, Saguaro Power Company, A
ER12–21–006; ER10–2783–004; ER10–
2784–004; ER11–2855–006; ER10–2791– Limited Partnership, Sand Drag LLC,
Sun City Project, Vienna Power LLC,
004; ER10–2792–004; ER10–1564–003;
GenOn Bowline, LLC, GenOn Canal,
ER10–1565–003; ER10–2795–004;
LLC, GenOn Chalk Point, LLC, GenOn
ER10–2798–004; ER10–1575–002;
Delta, LLC, GenOn Energy Management,
ER10–2799–004; ER10–2801–004;
LLC, GenOn Florida, LP, GenOn
ER11–3727–003; ER10–1566–003;
Kendall, LLC, GenOn Marsh Landing,
ER12–2413–002; ER11–2062–003;
LLC, GenOn Mid-Atlantic, LLC, GenOn
ER10–2812–003; ER10–1291–004;
Potomac River, LLC, GenOn Power
ER10–2843–002; ER11–4307–003;
Midwest, LP, GenOn REMA, LLC,
ER12–1711–003; ER10–2846–004;
ER12–261–002; ER10–2871–002; ER13– GenOn West, LP, GenOn Wholesale
1136–001; ER10–2875–004; ER10–1568– Generation, LP, RRI Energy Services,
LLC, Sabine Cogen, LP.
003; ER10–1581–005; ER10–2876–004;
Description: Notice of Non-Material
ER10–2878–004; ER10–2879–004;
Change in Status of NRG Power
ER10–2880–004; ER10–2888–004;
Marketing LLC, et al.
ER10–2896–004; ER10–2913–004;
Filed Date: 4/24/13.
ER10–2914–004; ER10–2916–004;
Accession Number: 20130424–5186.
ER10–2915–004; ER12–1525–003;
Comments Due: 5 p.m. ET 5/15/01.
ER12–2019–002; ER12–2398–002;
Docket Numbers: ER13–388–002.
ER10–1582–002; ER11–3459–002;
Applicants: Sky River LLC.
ER10–2931–004; ER10–2969–004;
Description: Sky River LLC
ER11–4308–003; ER10–1580–005;
Amendment to Shared Facilities
ER11–2856–006; ER11–2857–006;
Agreement to Request Waiver to be
ER10–2947–004; ER11–2504–002;
effective 11/16/2012.
ER11–2505–002; ER11–2864–002;
Filed Date: 4/24/13.
ER11–2506–002; ER11–2508–002;
Accession Number: 20130424–5153.
ER12–2137–002; ER11–2510–002;
Comments Due: 5 p.m. ET 5/15/13.
ER12–2545–002; ER11–2863–002;
Docket Numbers: ER13–1143–001.
ER11–2854–002; ER11–2513–002;
Applicants: Essential Power OPP,
ER11–2515–002; ER11–2742–002;
LLC.
ER11–2784–002; ER11–2805–002;
Description: Amendment of March 21
ER10–3143–004.
Filing to be effective 4/25/2013.
Applicants: NRG Power Marketing
Filed Date: 4/25/13.
LLC, Agua Caliente Solar, LLC, Arthur
Accession Number: 20130425–5082.
Kill Power LLC, Astoria Gas Turbine
Comments Due: 5 p.m. ET 5/16/13.
Power LLC, Avenal Park LLC, Bayou
Docket Numbers: ER13–1144–001.
Cove Peaking Power LLC, Big Cajun I
Applicants: Essential Power Rock
Peaking Power LLC, Cabrillo Power I
LLC, Cabrillo Power II LLC, Conemaugh Springs, LLC.
Description: Amendment of March 21
Power LLC, Connecticut Jet Power LLC,
Filing to be effective 4/25/2013.
Cottonwood Energy Company, LP,
Filed Date: 4/25/13.
Devon Power LLC, Dunkirk Power LLC,
Accession Number: 20130425–5081.
EL Segundo Energy Center LLC, El
Comments Due: 5 p.m. ET 5/16/13.
Segundo Power, LLC, Energy
Alternatives Wholesale, LLC, Energy
Docket Numbers: ER13–1327–000.
Plus Holdings LLC, GenCon Devon LLC,
Applicants: Public Service Company
GenCon Energy LLC, GenCon
of Colorado.
Middletown LLC, Green Mountain
Description: 2013–4–
Energy Company, High Plains Ranch II,
24_WestConnect_
LLC, Huntley Power LLC, Independence Remove_Term_Date to be effective 7/1/
Energy Group LLC, Indian River Power
2013.
LLC, Ivanpah Master Holdings, LLC,
Filed Date: 4/24/13.
Accession Number: 20130424–5086.
Keystone Power LLC, Long Beach
[FR Doc. 2013–10480 Filed 5–2–13; 8:45 am]
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BILLING CODE 6450–01–C
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26023
Comments Due: 5 p.m. ET 5/15/13.
Docket Numbers: ER13–1328–000.
Applicants: Arizona Public Service
Company.
Description: ANPP Hassayampa
Switchyard Interconnection Agreement,
Amendment 2 to be effective 2/28/2013.
Filed Date: 4/24/13.
Accession Number: 20130424–5097.
Comments Due: 5 p.m. ET 5/15/13.
Docket Numbers: ER13–1329–000.
Applicants: AEP Texas Central
Company.
Description: TCC–LCRA Transmission
Services IA Amend #5 to be effective 3/
27/2013.
Filed Date: 4/24/13.
Accession Number: 20130424–5135.
Comments Due: 5 p.m. ET 5/15/13.
Docket Numbers: ER13–1330–000.
Applicants: AEP Texas Central
Company.
Description: TCC-Pedernales Electric
Cooperative IA Cancellation to be
effective 2/20/2013.
Filed Date: 4/24/13.
Accession Number: 20130424–5154.
Comments Due: 5 p.m. ET 5/15/13.
Docket Numbers: ER13–1331–000.
Applicants: ALLETE, Inc.
Description: Filing of Facilities
Construction Agreement to be effective
4/24/2013.
Filed Date: 4/24/13.
Accession Number: 20130424–5155.
Comments Due: 5 p.m. ET 5/15/13.
Docket Numbers: ER13–1332–000.
Applicants: Canadian Hills Wind,
LLC.
Description: Canadian Hills Wind,
LLC Rate Schedule FERC No. 2 to be
effective 6/24/2013.
Filed Date: 4/25/13.
Accession Number: 20130425–5000.
Comments Due: 5 p.m. ET 5/16/13.
Docket Numbers: ER13–1334–000.
Applicants: Power Network New
Mexico, LLC.
Description: Power Network New
Mexico MBRA Cancellation to be
effective 4/26/2013.
Filed Date: 4/25/13.
Accession Number: 20130425–5015.
Comments Due: 5 p.m. ET 5/16/13.
Docket Numbers: ER13–1335–000.
Applicants: PJM Interconnection,
L.L.C.
Description: Original Service
Agreement No. 3519; Queue No. X4–046
to be effective 3/28/2013.
Filed Date: 4/25/13.
Accession Number: 20130425–5046.
Comments Due: 5 p.m. ET 5/16/13.
Docket Numbers: ER13–1336–000.
Applicants: Public Service Company
of New Mexico.
Description: Concurrence with APS
Service Agreement No. 193 to be
effective 2/28/2013.
E:\FR\FM\03MYN1.SGM
03MYN1
]]>Agencies
[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 26006-26023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10480]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CR-005]
Notice of Petition for Waiver of Felix Storch, Inc. (FSI) From
the Department of Energy Commercial Refrigerator, Freezer and
Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, notice of grant of interim
waiver, and request for comments.
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SUMMARY: This notice announces receipt of and publishes a petition for
waiver and application for interim waiver from Felix Storch, Inc. (FSI)
(hereafter, ``petition'') from the U.S. Department of Energy (DOE) test
procedure for determining the energy consumption of commercial
refrigerators, freezers and refrigerator-freezers. Today's notice also
grants an interim waiver for specific basic models to FSI from portions
of the DOE commercial refrigerator, freezer and refrigerator-freezer
test procedure. Through this notice, DOE also solicits comments with
respect to the FSI petition.
DATES: DOE will accept comments, data, and information with respect to
the FSI petition until June 3, 2013.
ADDRESSES: You may submit comments, identified by case number CR-005,
by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Email: AS_Waiver_Requests@ee.doe.gov. Include ``Case No.
CR-005'' 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
9:00 a.m. and 4:00 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
application for interim 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: Bryan.Berringer@ee.doe.gov.
Ms. Jennifer Tiedeman, 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) 287-6111. Email:
mailto:Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6311-17 (``sections 6311-6317'')),
established the Energy Conservation Program for certain industrial
equipment, which includes commercial refrigeration equipment, the focus
of this notice.\1\ Part C specifically includes definitions (42 U.S.C.
6311), energy conservation standards (42 U.S.C. 6313), test procedures
(42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316). With respect to test procedures, Part C authorizes the
Secretary of Energy (the Secretary) to prescribe test procedures that
are reasonably designed to produce results that measure energy
efficiency, energy use, and estimated annual operating costs, and that
are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
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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 6313(c)(5), including (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. Provisions of section 6314(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. 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 certain sections of 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 this equipment. On
January 9, 2009, DOE established energy conservation standards for
certain classes of commercial refrigerators, effective January 1, 2012,
and provided that the test procedures at 10 CFR 431.64 apply to that
equipment. 74 FR 1092, 96. The basic models included in FSI'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 as of January 1, 2012.
DOE's regulations for covered products and equipment permit a
person to seek a waiver from the test procedure requirements for
covered commercial equipment if at least one of the following
conditions is met: (1) The petitioner's basic model contains one or
more design characteristics that prevent testing according to the
prescribed test procedures; or (2) 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 431.401(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. 10
CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency
and Renewable Energy (Assistant Secretary) may grant a waiver subject
to conditions, including adherence to alternate test procedures. 10 CFR
431.401(f)(4). Waivers remain in effect according to the provisions of
10 CFR 431.401(g).
The waiver process also permits parties submitting a petition for
waiver to file an application for interim waiver of the applicable test
procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary
will grant an interim waiver if it is determined that the applicant
will experience economic hardship if the application for 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 of the petition for waiver. 10 CFR 430.401(e)(3). An
interim waiver remains in effect for 180 days or until DOE issues its
determination on the petition for waiver, whichever is sooner. DOE may
extend an interim waiver for an additional 180 days. 10 CFR
430.401(e)(4).
II. Application for Interim Waiver and Petition for Waiver
On January 31, 2013, FSI 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, as well as an
application for interim waiver. FSI requested the waiver for certain
basic models of its commercial ice cream freezers. This equipment is
classified as a commercial ice cream freezer (category (vii)) in the
table listing some of the applicable test procedure requirements at 10
CFR 431.64(b)(3)). The applicable test procedure for this equipment is
specified in 10 CFR 431.64(b), which incorporates by reference ARI
Standard 1200-2006, section 3, ``Definitions,'' section 4, ``Test
Requirements,'' section 7, ``Symbols and Subscripts,'' and, section 5,
``Rating Requirements for Remote Commercial Refrigerated Display
Merchandisers and Storage Cabinets.''
FSI seeks a waiver and interim waiver from the applicable test
procedure under 10 CFR 431.64 on the grounds that its commercial ice
cream freezers contain design characteristics that prevent testing
according to the current DOE test procedure. Specifically, FSI asserts
that particular basic models of commercial ice cream freezers are not
able to operate at the specified integrated average temperature of -
15[emsp14][deg]F, which is required for testing and rating purposes.
Instead, FSI asserts that the equipment can only operate from
0[emsp14][deg]F to -5[emsp14][deg]F. Consequently, FSI requested that
DOE grant a waiver from the applicable test procedure, allowing the
specified products to be tested at an integrated average temperature of
0[emsp14][deg]F, which FSI asserts is an acceptable temperature at
which to test the specified basic models. FSI further asserts that
these basic models of commercial ice cream freezers are designed to
maintain the frozen state of an already frozen product, not to lower
the temperature of non-frozen products to the 0[emsp14][deg]F to -
5[emsp14][deg]F operating temperature.
In addition, FSI asserts that the commercial ice cream freezers
subject to the petition also have significantly greater volumes per
unit of total display area (TDA) than other commercial freezers of a
similar type and function. FSI believes the current method of
measurement for TDA in the DOE test procedure does not provide a fair
and accurate representation of the display area and, therefore, the
energy use of its products. FSI is requesting an adjustment or
allowance for the measurement of TDA.
The Department articulated its position regarding basic models of
commercial refrigeration equipment that are not capable of operating at
the required integrated average temperature specified by the DOE test
procedure in a test procedure final rule published on February 21,
2012. 77 FR 10292. Specifically, to qualify to use the lowest
application product temperature for a certain piece of equipment, a
manufacturer should be confident that any case tested under that
provision could achieve the specified lowest application product
temperature within 2[emsp14][deg]F and could not be tested
at the rating temperature (i.e., integrated average temperature
specified by the DOE test procedure) for the given equipment class.
Further, in the final rule, DOE clarified that, for many pieces of
equipment, the lowest application product temperature that should be
used for testing will be the lowest temperature setting on the unit's
thermostat. 77 FR 10292, 10303 (February 21, 2012).
DOE agrees with FSI's assertion that the basic models identified in
its petition cannot be operated at the associated rating conditions
currently specified for commercial ice cream freezers in the DOE test
procedures given the available data. However, when the temperature knob
is set to the coldest setting as described in the February 2012 final
rule, DOE has confirmed that the corresponding integrated average
temperature achieved during operation by these basic models is
approximately -8[emsp14][deg]F. In light of this and DOE's position in
the February
[[Page 26008]]
2012 final rule, DOE has concluded that FSI's request to test these
basic models of commercial ice cream freezers at an integrated average
temperature of 0[emsp14][deg]F is inappropriate. Instead, DOE has
determined that the basic models of commercial ice cream freezers
listed in FSI's petition should be tested at their lowest application
product temperature as defined at 10 CFR 431.62, which corresponds to
an integrated average temperature of -8[emsp14][deg]F.
DOE rejects FSI's request regarding the use of an alternative
calculation and use of the TDA metric to characterize the display area
of the commercial ice cream freezer. During the previous rulemaking
considering energy conservation standards for commercial refrigeration
equipment, TDA was chosen as the display metric because DOE found
through its own investigation and research and after receiving public
comment on the issue that it is most representative of the heat loads
that define the performance of transparent-door equipment--namely
radiation and conduction through glass doors. 74 FR 1092 (Jan. 9,
2009). Additionally, since commercial ice cream freezers are used for
merchandising in the retail environment, ``face area'' (or area of
visible product), which is analogous to TDA, is often used by retailers
as the metric of equipment capacity. In the ongoing rulemaking it was
reconfirmed that TDA should be the metric of choice. Consequently, DOE
is not swayed by FSI's argument and does not believe that the
commercial ice cream freezers described in the petition contain design
characteristics that make the methods of determination and the TDA
metric unrepresentative and is denying this portion of the petition.
Last, FSI has raised two smaller testing issues, which DOE does not
believe merit any consideration. First, FSI states that the packets
used for testing purposes should be pre-chilled to 0[emsp14][deg]F or -
5[emsp14][deg]F before the test is started, implying that the current
test procedure incorporates some type of pull-down period. FSI's
assertion is incorrect; the DOE test procedure does not incorporate a
pull-down period during the energy consumption test. Instead, the DOE
test procedure allows the commercial ice cream freezer to be loaded
with room temperature product simulators and filler packages, and
requires that the unit run until it has reached steady-state operation
at the specified rating temperature for the required stabilization
period as defined in sections 3 and 7.4 of ASHRAE 72-2005. The actual
energy consumption test does not begin until the stabilized integrated
average temperature is reached and maintained. Consequently, FSI's
request is denied. Second, FSI asserts that the integrated average
temperature must stabilize prior to starting the energy consumption
test. DOE agrees with FSI on this point, however, stabilization is
currently required by the DOE test procedure, as specified by ASHRAE
72-2005, ``Method of Testing Commercial Refrigerators and Freezers,''
which is incorporated by reference as part of the DOE test procedure.
Thus, FSI's request is redundant and unnecessary.
DOE has determined that one portion FSI's petition likely will be
granted, and that it is desirable for public policy reasons to grant
FSI relief pending a determination on the petition. DOE believes that
it is likely FSI's petition will be granted because the commercial ice
cream freezers specified in FSI's petition are not able to operate at
the specified integrated average temperature of -15[emsp14][deg]F
2[emsp14][deg]F. DOE previously granted interim waivers to
Hill PHOENIX Inc. and Hussmann based on a similar issue pertaining to
the ability to test certain of their products at the specified
integrated average temperature in the DOE test procedure. (77 FR 5782,
February 6, 2012, and 77 FR 4800, Jan. 31, 2012, respectively) In
addition, DOE has determined that it is desirable that the energy
efficiency of this equipment be tested and rated in a manner similar to
other commercial refrigeration equipment while DOE considers the
petition for waiver. As a result, DOE grants an interim waiver to FSI
for the specified models of its commercial refrigerator products.
Therefore, it is ordered that:
The application for interim waiver filed by FSI is hereby granted
for the basic models of commercial ice cream freezer specified in FSI's
application, subject to the provisions specified in section III below.
FSI shall be required to test and rate the specified basic models
according to the alternate test procedure as set forth in section III,
``Alternate test procedure.''
The interim waiver applies to the following basic models:
SCF694, SCF695S, SCF1094, SCF1095S, SCF1494, SCF1495S, SCF1694,
SCF1695S, SCF1894, SCF1895S, SCF630, SCF940, SCF1310, and SF1710
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. FSI may submit a petition for waiver
and application for interim waiver, as appropriate, for additional
models of commercial refrigerators, freezers and refrigerator-freezers
for which it seeks a waiver from the DOE test procedure. In addition,
DOE notes that grant of an interim waiver or waiver does not release a
petitioner from the certification requirements set forth at 10 CFR part
429.
III. Alternate Test Procedure
As a condition for granting this interim waiver to FSI, DOE
requires FSI to test the commercial ice cream freezers specified in its
January 31, 2013 petition and listed above according to the test
procedure specified at 10 CFR 431.64, except that instead of testing at
the required integrated average temperature of -15
2[emsp14][deg]F, FSI shall test the specified basic models at an
integrated average temperature of -8 2[emsp14][deg]F,
which DOE confirmed is the lowest temperature at which those models can
operate.
DOE notes that it has published an amended test procedure for
commercial refrigeration equipment. (77 FR 10292, Feb. 21, 2012). The
amended test procedure addresses the testing issue addressed in this
waiver, requiring products to be tested at their lowest application
product temperature. Id. Use of the amended test procedure will be
required on the compliance date of any amended standards for this
equipment.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of FSI's petition for
waiver from the test procedures that apply to commercial refrigerators,
freezers and refrigerator-freezers. For the reasons articulated above,
DOE also grants FSI an interim waiver from those procedures as
described above. DOE is publishing FSI's petition for waiver in its
entirety pursuant to 10 CFR 431.401(b)(1)(iv). Confidential business
information has been redacted from the petition. Furthermore, today's
notice includes an alternate test procedure that FSI is required to
follow as a condition of its interim waiver.
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: Paul Storch, President,
Summit Appliance Div., Felix Storch, Inc., 770 Garrison Ave., Bronx, NY
10474. All submissions received must include the agency name and case
number for this proceeding. Submit electronic
[[Page 26009]]
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 April 29, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
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[FR Doc. 2013-10480 Filed 5-2-13; 8:45 am]
BILLING CODE 6450-01-C
