Decision and Order Granting a Waiver to Felix Storch, Inc. (FSI) From the Department of Energy Commercial Refrigerator, Freezer and Refrigerator-Freezer Test Procedures, 72074-72077 [2013-28764]
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amended standards for this equipment.
(77 FR 10292, February 21, 2012)
III. Conclusion
After careful consideration of all the
material that was submitted by
Hussmann, it is ordered that:
(1) The petition for waiver submitted
by the Hussmann (Case No. CR–003) is
hereby granted as set forth in paragraphs
(2), (3), (4) and (5).
(2) Hussmann shall be required to test
and rate the following basic models
according to the alternate test procedure
set forth in paragraph (3) of this section.
M1XL–4GE, M1XL–6GE, M1XL–8GE,
M1XL–12GE, M1XLD–4GE, M1XLD–
6GE, M1XLD–8GE, M1XLD–12GE
(3) Alternate Test Procedure.
Hussmann shall test the equipment
listed in paragraph (2) per the DOE test
procedure set forth in 10 CFR 431.64,
except that instead of testing at 0 °F ±
2 °F (as set forth in the table at 10 CFR
431.64(b)(3)), DOE requires Hussmann
to test and rate the commercial freezers
specified in its January 12, 2012 petition
and listed above at their lowest
integrated average temperature of ¥8 ±
2 °F, which DOE confirmed is the lowest
temperature at which those models can
operate and which is consistent with the
lowest application product temperature
provision in the DOE test procedure.
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.
(4) Representations. In making
representations about the energy
efficiency of its refrigerated display
merchandisers listed in paragraph (2),
for compliance, marketing, or other
purposes, Hussmann must fairly
disclose the results of testing under the
alternate test procedure specified in this
waiver.
(5) This waiver amendment shall
remain in effect from the date this
Decision and Order is issued, consistent
with the provisions of 10 CFR
431.401(g). 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
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of any amended standards for this
equipment.
(6) This waiver is granted for only
those models specifically set out in
Hussmann’s petition, not future models
that may be manufactured by
Hussmann. Hussmann may submit a
new or amended petition for waiver and
request for grant of interim waiver, as
appropriate, for additional models for
which it seeks a waiver from the DOE
test procedure. Grant of this waiver also
does not release Hussmann from the
certification requirements set forth at 10
CFR part 431.
(7) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
Issued in Washington, DC, on November
25, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–28772 Filed 11–29–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CR–005]
Decision and Order Granting a Waiver
to Felix Storch, Inc. (FSI) From the
Department of Energy Commercial
Refrigerator, Freezer and RefrigeratorFreezer 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. CR–005)
that grants Felix Storch, Inc. (FSI) a
waiver from the DOE test procedures for
determining the energy consumption of
its commercial ice cream freezers for the
basic models set forth in its petition for
waiver (petition). FSI claims in its
petition that the specified basic models
cannot be tested in accordance with the
DOE test procedure for commercial ice
cream freezer equipment because the
equipment cannot operate at the
integrated average product temperature
of ¥15 ± 2 °F, specified in DOE’s test
SUMMARY:
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procedures. Under today’s decision and
order, FSI shall be required to test and
rate the commercial ice cream freezers
specified in the petition at the lowest
integrated average temperature of
¥8 ± 2 °F, which DOE confirmed is the
lowest temperature at which those
models can operate and which is
consistent with the lowest application
product temperature provision in the
DOE test procedures.
This Decision and Order is
effective December 2, 2013.
DATES:
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.
FOR FURTHER INFORMATION CONTACT:
DOE
issues notice of this Decision and Order
in accordance with Title 10 of the Code
of Federal Regulations (10 CFR)
431.401(f)(4). In this Decision and
Order, DOE grants FSI a waiver for the
commercial ice cream refrigerators
specified in its petition submitted on
January 31, 2013. FSI must test and rate
this equipment at the lowest integrated
average temperature of ¥8 ± 2 °F, which
is consistent with the lowest application
product temperature provision in the
DOE test procedure at 10 CFR
431.64(b)(3)(A).
Today’s decision requires FSI to make
representations concerning the energy
efficiency of this equipment consistent
with the provisions and restrictions of
the alternate test procedure in the
Decision and Order below, and the
representations must fairly disclose the
test results. (42 U.S.C. 6314(d)) The
same standard applies to distributors,
retailers, and private labelers when
making representations of the energy
efficiency of this equipment.
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, on November
25, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Felix Storch, Inc.
(FSI) (Case No. CR–005).
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I. Background and Authority
Title III, Part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Pub. L. 94–163 (42 U.S.C. 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))
Section 343(a)(6)(C) of EPCA directs
DOE to develop test procedures to
establish the appropriate rating
temperatures for products for which
standards will be established under
section 343(a)(6), including (1) Icecream 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. (42 U.S.C.
6314(a)(6)(C)) 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. The basic models included in
FSI’s petition are subject to the
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
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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).
II. FSI’s Petition for Waiver: Assertions
and Determinations
In its January 31, 2013 petition, FSI
sought a waiver from the DOE test
procedures 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 sought a 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
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at the specified integrated average
temperature of ¥5 °F ± 2 °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 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 do other commercial
freezers of a similar type and function.
FSI believes the current method of
measurement of 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 (Feb.
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
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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
fact and DOE’s position in the February
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 ± 2 °F.
DOE rejects FSI’s request regarding
the use of an alternative calculation and
use an adjustment to 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 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.
DOE received three comments
following publication of FSI’s notice of
petition for waiver, notice granting
interim waiver, and request for
comments. 78 FR 26006 (May 3, 2013)
One comment from FSI stated that the
company disagrees with DOE’s
requirement that testing be conducted at
an integrated average temperature of ¥8
± 2 °F, as well as the use of total display
area (TDA). Instead, FSI requested the
use of an integrated average temperature
of ¥5 ± 2 °F and an adjustment factor
to accommodate for the extra volume
not considered by DOE’s TDA-based
procedures. The two other comments
DOE received were from Elcold Frysere
Hobro ApS and Vestfrost Solutions,
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manufacturers that build the freezers
described in FSI’s petition. Both of these
commenters stated that the freezers
should be tested at an average operating
temperature of 0 °F and that testing at
¥8 °F, as specified in the interim
waiver, would cause the compressor to
not cycle and would not be
representative of typical use. Further,
the commenters objected to the fact that
DOE’s conclusion was based on only
one test by a contracting laboratory.
As stated in the notice granting FSI an
interim waiver (May 3, 2013, 78 FR
26006), 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
fact and DOE’s position in the February
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 or
¥5 °F is inappropriate. FSI has not
provided any information (i.e., test data)
showing that ¥5 °F (or 0 °F) is the
coldest temperature at which its
equipment can operate. On the other
hand, DOE test data demonstrate that
the minimum operating temperature of
the equipment is ¥8 °F. Neither FSI nor
other commenters have claimed that
DOE tested defective units or that FSI
has modified its control strategy. Absent
any other information, DOE must rely
on the data that it has obtained through
testing of units. Therefore, 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 ± 2 °F.
DOE rejects FSI’s request regarding
the use of an alternative calculation and
use of an adjustment to 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
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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, DOE has
reconfirmed TDA as the metric of choice
for commercial refrigeration equipment.
78 FR 55890 (Sept. 11, 2013).
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.
III. Conclusion
After careful consideration of all the
material that was submitted by FSI and
the additional comments received, it is
ordered that:
(1) The petition for waiver submitted
by the FSI (Case No. CR–005) is hereby
granted as set forth in paragraphs (2),
(3), (4), and (5).
(2) FSI shall be required to test and
rate the following basic models
according to the alternate test procedure
set forth in paragraph (3) of this section.
SCF694, SCF695S, SCF1094, SCF1095S,
SCF1494, SCF1495S, SCF1694,
SCF1695S, SCF1894, SCF1895S,
SCF630, SCF940, SCF1310, SF1710.
(3) Alternate Test Procedure. FSI shall
test the equipment listed in paragraph
(2) according to the DOE test procedure
set forth in 10 CFR 431.64, except that
instead of testing at ¥15 °F ± 2 °F (as
set forth in the table at 10 CFR
431.64(b)(3)), 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,
FSI shall test the specified basic models
at an integrated average temperature of
¥8 ± 2 °F, which DOE has determined
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.
(4) Representations. In making
representations about the energy
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efficiency of its commercial ice cream
freezers listed in paragraph (2), for
compliance, marketing, or other
purposes, FSI must fairly disclose the
results of testing under the alternate test
procedure specified in this waiver.
(5) This waiver amendment shall
remain in effect from the date this
Decision and Order is issued, consistent
with the provisions of 10 CFR
431.401(g). 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.
(6) This waiver is granted for only
those models specifically set out in
FSI’s petition, not future models that
may be manufactured by FSI. FSI may
submit a new or amended petition for
waiver and request for grant of interim
waiver, as appropriate, for additional
models for which it seeks a waiver from
the DOE test procedure. Grant of this
waiver also does not release FSI from
the certification requirements set forth
at 10 CFR part 431.
(7) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
Issued in Washington, DC, on November
25, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–28764 Filed 11–29–13; 8:45 am]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Docket No. EERE–2013–BT–DET–0017]
Energy Efficiency Program for
Industrial Equipment: Final
Determination Classifying UL
Verification Services Inc. as a
Nationally Recognized Certification
Program for Small Electric Motors
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of final determination.
AGENCY:
This notice announces a final
determination by the U.S. Department of
Energy (DOE) classifying UL
Verification Services (UL) as a
nationally recognized certification
program under 10 CFR 431.447 and
431.448.
SUMMARY:
This final determination is
effective December 2, 2013.
ADDRESSES: The docket for this matter is
available for review at
www.regulations.gov, including Federal
Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure.
A link to the docket Web page can be
found at: https://www.regulations.gov/
#!searchResults;rpp=25;po=0;s=EERE2013-BT-DET-0017;fp=true;ns=true.
This Web page contains a link to the
docket for this matter on the
www.regulations.gov site. The
www.regulations.gov Web page contains
simple instructions on how to access all
documents, including public comments,
in the docket.
For further information on how to
review the docket, contact Ms. Brenda
Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Lucas Adin, U.S. Department of Energy,
Building Technologies Office, Mail Stop
EE–2J, Forrestal Building, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1317. Email:
Lucas.Adin@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–71, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0103.
DATES:
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Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Part C of Title III of the Energy Policy
and Conservation Act contains energy
conservation requirements for, among
other things, electric motors and small
electric motors, including test
procedures, energy efficiency standards,
and compliance certification
requirements. 42 U.S.C. 6311–6316.1
Section 345(c) of EPCA directs the
Secretary of Energy to require
manufacturers of electric motors ’’to
certify through an independent testing
or certification program nationally
recognized in the United States, that
[each electric motor subject to EPCA
efficiency standards] meets the
applicable standard.’’ 42 U.S.C. 6316(c).
Regulations to implement this
statutory directive are codified in Title
10 of the Code of Federal Regulations
Part 431 (10 CFR Part 431) at sections
431.36, Compliance Certification,
431.20, Department of Energy
recognition of nationally recognized
certification programs, and 431.21,
Procedures for recognition and
withdrawal of recognition of
accreditation bodies and certification
programs. Sections 431.20 and 431.21
set forth the criteria and procedures for
national recognition of an energy
efficiency certification program for
electric motors by DOE. With the
support of a variety of interests,
including industry and energy
efficiency advocacy groups, DOE
published a final rule on May 4, 2012,
that established requirements for small
electric motors that are essentially
identical to the criteria and procedures
for national recognition of an energy
efficiency certification program for
electric motors. See 77 FR 26608, 26629
(codifying provisions parallel to electric
motors for small electric motors at 10
CFR 431.447 and 431.448).
For a certification program to be
classified by the DOE as being
nationally recognized in the United
States for the testing and certification of
small electric motors, the organization
operating the program must submit a
petition to the Department requesting
such classification, in accordance with
sections 431.447 and 431.448. In sum,
for the Department to grant such a
petition, the certification program must:
(1) Have satisfactory standards and
procedures for conducting and
administering a certification system,
and for granting a certificate of
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
E:\FR\FM\02DEN1.SGM
02DEN1
]]>Agencies
[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72074-72077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28764]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CR-005]
Decision and Order Granting a Waiver to Felix Storch, Inc. (FSI)
From the Department of Energy Commercial Refrigerator, Freezer and
Refrigerator-Freezer Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of the
decision and order (Case No. CR-005) that grants Felix Storch, Inc.
(FSI) a waiver from the DOE test procedures for determining the energy
consumption of its commercial ice cream freezers for the basic models
set forth in its petition for waiver (petition). FSI claims in its
petition that the specified basic models cannot be tested in accordance
with the DOE test procedure for commercial ice cream freezer equipment
because the equipment cannot operate at the integrated average product
temperature of -15 2 [deg]F, specified in DOE's test
procedures. Under today's decision and order, FSI shall be required to
test and rate the commercial ice cream freezers specified in the
petition at the lowest integrated average temperature of -8 2 [deg]F, which DOE confirmed is the lowest temperature at which
those models can operate and which is consistent with the lowest
application product temperature provision in the DOE test procedures.
DATES: This Decision and Order is effective December 2, 2013.
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: DOE issues notice of this Decision and Order
in accordance with Title 10 of the Code of Federal Regulations (10 CFR)
431.401(f)(4). In this Decision and Order, DOE grants FSI a waiver for
the commercial ice cream refrigerators specified in its petition
submitted on January 31, 2013. FSI must test and rate this equipment at
the lowest integrated average temperature of -8 2 [deg]F,
which is consistent with the lowest application product temperature
provision in the DOE test procedure at 10 CFR 431.64(b)(3)(A).
Today's decision requires FSI to make representations concerning
the energy efficiency of this equipment consistent with the provisions
and restrictions of the alternate test procedure in the Decision and
Order below, and the representations must fairly disclose the test
results. (42 U.S.C. 6314(d)) The same standard applies to distributors,
retailers, and private labelers when making representations of the
energy efficiency of this equipment.
Issued in Washington, DC, on November 25, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Felix Storch, Inc. (FSI) (Case No. CR-005).
[[Page 72075]]
I. Background and Authority
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Pub. L. 94-163 (42 U.S.C. 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.
---------------------------------------------------------------------------
Section 343(a)(6)(C) of EPCA directs DOE to develop test procedures
to establish the appropriate rating temperatures for products for which
standards will be established under section 343(a)(6), 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. Other provisions of section
343(a)(6) provide DOE with additional authority to establish and amend
test procedures for commercial refrigeration equipment. (42 U.S.C.
6314(a)(6)(C)) 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. 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).
II. FSI's Petition for Waiver: Assertions and Determinations
In its January 31, 2013 petition, FSI sought a waiver from the DOE
test procedures 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 sought a 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 -5 [deg]F 2
[deg]F, which is required for testing and rating purposes. Instead, FSI
asserts that the equipment can only operate from 0 [deg]F to -5 [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 [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
[deg]F to -5 [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 do other commercial freezers of a
similar type and function. FSI believes the current method of
measurement of 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 [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 (Feb. 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
[[Page 72076]]
February 2012 final rule, DOE has confirmed that the corresponding
integrated average temperature achieved during operation by these basic
models is approximately -8 [deg]F. In light of this fact and DOE's
position in the February 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 [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 2 [deg]F.
DOE rejects FSI's request regarding the use of an alternative
calculation and use an adjustment to 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 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.
DOE received three comments following publication of FSI's notice
of petition for waiver, notice granting interim waiver, and request for
comments. 78 FR 26006 (May 3, 2013) One comment from FSI stated that
the company disagrees with DOE's requirement that testing be conducted
at an integrated average temperature of -8 2 [deg]F, as
well as the use of total display area (TDA). Instead, FSI requested the
use of an integrated average temperature of -5 2 [deg]F
and an adjustment factor to accommodate for the extra volume not
considered by DOE's TDA-based procedures. The two other comments DOE
received were from Elcold Frysere Hobro ApS and Vestfrost Solutions,
manufacturers that build the freezers described in FSI's petition. Both
of these commenters stated that the freezers should be tested at an
average operating temperature of 0 [deg]F and that testing at -8
[deg]F, as specified in the interim waiver, would cause the compressor
to not cycle and would not be representative of typical use. Further,
the commenters objected to the fact that DOE's conclusion was based on
only one test by a contracting laboratory.
As stated in the notice granting FSI an interim waiver (May 3,
2013, 78 FR 26006), 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 [deg]F. In light of this fact and DOE's
position in the February 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 [deg]F or -5 [deg]F is
inappropriate. FSI has not provided any information (i.e., test data)
showing that -5 [deg]F (or 0 [deg]F) is the coldest temperature at
which its equipment can operate. On the other hand, DOE test data
demonstrate that the minimum operating temperature of the equipment is
-8 [deg]F. Neither FSI nor other commenters have claimed that DOE
tested defective units or that FSI has modified its control strategy.
Absent any other information, DOE must rely on the data that it has
obtained through testing of units. Therefore, 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 2 [deg]F.
DOE rejects FSI's request regarding the use of an alternative
calculation and use of an adjustment to 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, DOE has reconfirmed TDA as the
metric of choice for commercial refrigeration equipment. 78 FR 55890
(Sept. 11, 2013). 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.
III. Conclusion
After careful consideration of all the material that was submitted
by FSI and the additional comments received, it is ordered that:
(1) The petition for waiver submitted by the FSI (Case No. CR-005)
is hereby granted as set forth in paragraphs (2), (3), (4), and (5).
(2) FSI shall be required to test and rate the following basic
models according to the alternate test procedure set forth in paragraph
(3) of this section. SCF694, SCF695S, SCF1094, SCF1095S, SCF1494,
SCF1495S, SCF1694, SCF1695S, SCF1894, SCF1895S, SCF630, SCF940,
SCF1310, SF1710.
(3) Alternate Test Procedure. FSI shall test the equipment listed
in paragraph (2) according to the DOE test procedure set forth in 10
CFR 431.64, except that instead of testing at -15 [deg]F 2
[deg]F (as set forth in the table at 10 CFR 431.64(b)(3)), 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, FSI shall test the specified basic models
at an integrated average temperature of -8 2 [deg]F, which
DOE has determined 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.
(4) Representations. In making representations about the energy
[[Page 72077]]
efficiency of its commercial ice cream freezers listed in paragraph
(2), for compliance, marketing, or other purposes, FSI must fairly
disclose the results of testing under the alternate test procedure
specified in this waiver.
(5) This waiver amendment shall remain in effect from the date this
Decision and Order is issued, consistent with the provisions of 10 CFR
431.401(g). 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.
(6) This waiver is granted for only those models specifically set
out in FSI's petition, not future models that may be manufactured by
FSI. FSI may submit a new or amended petition for waiver and request
for grant of interim waiver, as appropriate, for additional models for
which it seeks a waiver from the DOE test procedure. Grant of this
waiver also does not release FSI from the certification requirements
set forth at 10 CFR part 431.
(7) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify this waiver at any time if it
determines the factual basis underlying the petition for waiver is
incorrect, or the results from the alternate test procedure are
unrepresentative of the basic models' true energy consumption
characteristics.
Issued in Washington, DC, on November 25, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-28764 Filed 11-29-13; 8:45 am]
BILLING CODE 6450-01-P
