Decision and Order Granting a Waiver to Hussmann From the Department of Energy Commercial Refrigerator, Freezer and Refrigerator-Freezer Test Procedure, 72072-72074 [2013-28772]
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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices
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Issued in Washington, DC, on November
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Anne Harrington,
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Nonproliferation.
[FR Doc. 2013–28770 Filed 11–29–13; 8:45 am]
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DEPARTMENT OF ENERGY
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[FR Doc. 2013–28769 Filed 11–29–13; 8:45 am]
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Telephone: 202–586–3806 or email:
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emcdonald on DSK67QTVN1PROD with NOTICES
DATES:
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BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
[Case No. CR–003]
Decision and Order Granting a Waiver
to Hussmann From the Department of
Energy Commercial Refrigerator,
Freezer and Refrigerator-Freezer Test
Procedure
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–003)
that grants to Hussmann Corporation
(Hussmann) a waiver from the U.S.
Department of Energy (DOE) test
procedure for determining the energy
consumption of its commercial freezers
for the basic models set forth in its
petition for waiver (petition). Hussmann
claims in its petition that the specified
basic models cannot be tested in
accordance with the DOE test procedure
for commercial refrigeration equipment
because the equipment cannot operate
at the specified integrated average
product temperature of 0 °F ± 2 °F.
Under today’s decision and order,
Hussmann shall be required to test and
SUMMARY:
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rate the commercial freezers specified in
the petition 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.
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 Hussmann a waiver
for the commercial refrigerators
specified in its petition submitted on
January 12, 2012. Hussmann must test
and rate this equipment at the lowest
integrated average temperature at which
the commercial refrigerators can
operate, 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 Hussmann
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: Hussmann
Corporation (Hussmann) (Case No. CR–
003).
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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, 96. The basic models included in
Hussmann’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. 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. Hussmann’s Petition for Waiver:
Assertions and Determinations
On January 12, 2012, Hussmann
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. Hussmann requested the waiver
for its commercial refrigerators intended
for short term display of frozen meat
(separate from a frozen food case). This
equipment is classified as a commercial
freezer with a remote condensing unit
designed for low temperature
applications (category (ix)) 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.’’
Hussmann sought a waiver from the
applicable test procedure under 10 CFR
431.64 on the grounds that its
commercial refrigerators contain design
characteristics that prevent testing
according to the current DOE test
procedure. Specifically, Hussmann
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72073
asserts that particular basic models are
not able to operate at the specified
integrated average temperature of 0 °F,
which is required for testing and rating
purposes. Instead, Hussmann asserts
that the equipment can only operate
from 8–18 °F. Consequently, Hussmann
requested that DOE grant a waiver from
the applicable test procedure, allowing
the specified products to be tested at an
integrated average temperature of 12 °F,
which Hussmann asserts is an
acceptable temperature at which to test
the specified basic models.
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 equipment
rating could achieve the specified
lowest application product temperature
within ± °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 Hussmann’s
assertion that the basic models
identified in its petition cannot be
operated at the associated rating
conditions currently specified for
commercial freezers in the DOE test
procedures given the available data.
DOE has confirmed with Hussmann that
the lowest temperature these basic
models are capable of operating would
be 8 °F. In light of this and DOE’s
position in the February 2012 final rule,
DOE has concluded that Hussmann’s
request to test these basic models of
commercial freezers at an integrated
average temperature of 12 °F is
inappropriate. Instead, DOE has
determined that the basic models of
commercial freezers listed in
Hussmann’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 notes that use of the amended
test procedure set forth in the
aforementioned final rule will be
required on the compliance date of any
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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices
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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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20:41 Nov 29, 2013
Jkt 232001
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:
PO 00000
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Sfmt 4703
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).
E:\FR\FM\02DEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72072-72074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28772]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CR-003]
Decision and Order Granting a Waiver to Hussmann From the
Department of Energy Commercial Refrigerator, Freezer and Refrigerator-
Freezer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of the
decision and order (Case No. CR-003) that grants to Hussmann
Corporation (Hussmann) a waiver from the U.S. Department of Energy
(DOE) test procedure for determining the energy consumption of its
commercial freezers for the basic models set forth in its petition for
waiver (petition). Hussmann claims in its petition that the specified
basic models cannot be tested in accordance with the DOE test procedure
for commercial refrigeration equipment because the equipment cannot
operate at the specified integrated average product temperature of 0
[deg]F 2 [deg]F. Under today's decision and order,
Hussmann shall be required to test and rate the commercial freezers
specified in the petition at their 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 procedure.
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 Hussmann a waiver
for the commercial refrigerators specified in its petition submitted on
January 12, 2012. Hussmann must test and rate this equipment at the
lowest integrated average temperature at which the commercial
refrigerators can operate, 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 Hussmann 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: Hussmann Corporation (Hussmann) (Case No. CR-
003).
[[Page 72073]]
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, 96. The basic models included in Hussmann'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. 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. Hussmann's Petition for Waiver: Assertions and Determinations
On January 12, 2012, Hussmann 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. Hussmann
requested the waiver for its commercial refrigerators intended for
short term display of frozen meat (separate from a frozen food case).
This equipment is classified as a commercial freezer with a remote
condensing unit designed for low temperature applications (category
(ix)) 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.''
Hussmann sought a waiver from the applicable test procedure under
10 CFR 431.64 on the grounds that its commercial refrigerators contain
design characteristics that prevent testing according to the current
DOE test procedure. Specifically, Hussmann asserts that particular
basic models are not able to operate at the specified integrated
average temperature of 0 [deg]F, which is required for testing and
rating purposes. Instead, Hussmann asserts that the equipment can only
operate from 8-18 [deg]F. Consequently, Hussmann requested that DOE
grant a waiver from the applicable test procedure, allowing the
specified products to be tested at an integrated average temperature of
12 [deg]F, which Hussmann asserts is an acceptable temperature at which
to test the specified basic models.
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
equipment rating could achieve the specified lowest application product
temperature within [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 Hussmann's assertion that the basic models
identified in its petition cannot be operated at the associated rating
conditions currently specified for commercial freezers in the DOE test
procedures given the available data. DOE has confirmed with Hussmann
that the lowest temperature these basic models are capable of operating
would be 8 [deg]F. In light of this and DOE's position in the February
2012 final rule, DOE has concluded that Hussmann's request to test
these basic models of commercial freezers at an integrated average
temperature of 12 [deg]F is inappropriate. Instead, DOE has determined
that the basic models of commercial freezers listed in Hussmann'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 [deg]F.
DOE notes that use of the amended test procedure set forth in the
aforementioned final rule will be required on the compliance date of
any
[[Page 72074]]
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 [deg]F 2
[deg]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 [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 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 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
