Energy Conservation Program: Notification of Petition for Waiver of Hussmann Corporation From the Department of Energy Commercial Refrigerators, Freezers and Refrigerator-Freezers Test Procedure and Notification of Grant of Interim Waiver, 40548-40554 [2021-16017]
Download as PDF
khammond on DSKJM1Z7X2PROD with NOTICES
40548
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
increase over time in real dollars and states
that this is contrary to ‘‘historical experience
and to economic development science’’ and
that the more economic development that
occurs, the more adaptation and mitigation
efforts a population living in a growing
economy can afford to undertake (AHRI cites
the IWG indicating that developed countries
can eliminate 90% of the economic impacts
and developing countries could eventually
eliminate 50% of the economic impacts of
climate change). They comment that they see
no indication that DOE considered this
separately.
DOE response: In making its
determination, DOE’s directive under ECPA
is to assess whether updated editions of
Standard 90.1 would improve energy
efficiency in commercial buildings. 42 U.S.C.
6833(b)(2)(A) DOE emphasizes that the
estimates pertaining to CO2 are provided only
as supplemental information and are not
considered as part of the final determination,
which is based on energy efficiency as
required under 42 U.S.C. 6833(b)(2)(A).
The model scenarios reported by the IWG
demonstrate that the damage assessments
and corresponding valuation (SC–CO2),
adjusted for inflation, increase through time.
As explained in the February 2021 TSD,
‘‘[the SC–GHG estimates increase over time
within the models—i.e., the societal harm
from one metric ton emitted in 2030 is higher
than the harm caused by one metric ton
emitted in 2025—because future emissions
produce larger incremental damages as
physical and economic systems become more
stressed in response to greater climatic
change, and because GDP is growing over
time and many damage categories are
modeled as proportional to GDP.’’ As noted
previously, DOE determined that the
estimates from the February 2021 TSD are
based upon sound analysis and provide well
founded estimates for DOE’s analysis of the
impacts of CO2 related to the reductions of
emissions from updating the 90.1 Standard to
the 2019 edition in its building codes impact
analysis. Accordingly, DOE incorporated the
IWG’s considerations in its analysis.
However, as discussed in previous
comments, DOE’s SC–CO2 analysis using
these estimates was not considered in DOE’s
ultimate determination of whether Standard
90.1–2019 will improve energy efficiency.
Comment: AHRI, p. 4. AHRI argued that it
is arbitrary and capricious to use different
timeframes and assumptions for costs and
benefits and notes that DOE must clarify
precisely why and how it believes it has
statutory authority under 42 U.S.C. 6833(b) to
consider SCC issues and cites why such
action is legally arbitrary without sufficient
documented reason for treating similar
situations differently. AHRI notes that DOE,
in clarifying why it believes it has such
authority, can establish how it is acting
consistently in terms of the analysis of
benefits.
DOE response: See previous response to
AHRI comment on the issue of authority. On
the issue of costs and benefits, DOE
reemphasizes that its determination analysis
is not assessing the costs and benefits
associated with the updated Standard 90.1,
that the determination is solely based on
VerDate Sep<11>2014
17:16 Jul 27, 2021
Jkt 253001
energy efficiency, and that the reported
carbon emissions are reported only as
supplemental information for the benefit of
interested parties and in support of the
directives of Executive Order 12866. To
clarify the issue of timeframe, the emission
estimates are based on a one-year time period
(i.e., the annual energy consumption
estimated via the energy efficiency analysis).
However, the step of projecting the
associated CO2 impacts captures the longerterm impact of those single-year emissions,
as they persist in the atmosphere (and drive
the damage impacts over the time they
persist), which is then discounted to present
value for the year when the emissions occur.
DOE does not find an economic
inconsistency in this approach to reporting
emission benefits. Such a calculation is
similar to life-cycle analysis, for instance,
which is performed in a similar fashion,
where a single year event occurs (e.g., a
purchase of more efficient equipment), but
the energy savings are calculated over the
time they exist (e.g., the life of the
equipment), and discounted back to the
present value to reflect an overall life-cycle
cost. DOE’s reporting here of discounted
damage impacts is consistent with that
general approach.
Signing Authority
This document of the Department of
Energy was signed on July 19, 2021, by
Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on July 22,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–15971 Filed 7–27–21; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
DEPARTMENT OF ENERGY
[Case Number 2020–003; EERE–2020–BT–
WAV–0020]
Energy Conservation Program:
Notification of Petition for Waiver of
Hussmann Corporation From the
Department of Energy Commercial
Refrigerators, Freezers and
Refrigerator-Freezers Test Procedure
and Notification of Grant of Interim
Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of petition for
waiver and grant of an interim waiver;
request for comments.
AGENCY:
This notification announces
receipt of and publishes a petition for
waiver and interim waiver from
Hussmann Corporation (‘‘Hussmann’’),
which seeks a waiver for specified
Commercial Refrigerator, Freezer, and
Refrigerator-Freezer (‘‘CRE’’) basic
models from the U.S. Department of
Energy (‘‘DOE’’) test procedure used for
determining the energy consumption of
CRE. DOE also gives notification of an
Interim Waiver Order that requires
Hussmann to test and rate the specified
CRE basic models in accordance with
the alternate test procedure set forth in
the Interim Waiver Order. DOE solicits
comments, data, and information
concerning Hussmann’s petition, its
suggested alternate test procedure, and
the alternate test procedure required
under the Interim Waiver Order so as to
inform DOE’s final decision on
Hussmann’s waiver request.
DATES: Written comments and
information are requested and will be
accepted on or before August 27, 2021.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2020–BT–WAV–0020, by
any of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Email: to
HussmannCRE2020WAV0020@
ee.doe.gov. Include docket number
EERE–2020–BT–WAV–0020 in the
subject line of the message.
No telefacsimilies (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see the
SUPPLEMENTARY INFORMATION section of
this document.
SUMMARY:
E:\FR\FM\28JYN1.SGM
28JYN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing Covid–19 pandemic. DOE is
currently suspending receipt of public
comments via postal mail and hand
delivery/courier. If a commenter finds
that this change poses an undue
hardship, please contact Appliance
Standards Program staff at (202) 586–
1445 to discuss the need for alternative
arrangements. Once the Covid–19
pandemic health emergency is resolved,
DOE anticipates resuming all of its
regular options for public comment
submission, including postal mail and
hand delivery/courier.
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
https://www.regulations.gov. All
documents in the docket are listed in
the https://www.regulations.gov index.
However, some documents listed in the
index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
The docket web page can be found at
https://www.regulations.gov/
docket?D=EERE-2020-BT-WAV-0020.
The docket web page contains
instruction on how to access all
documents, including public comments,
in the docket. See the SUPPLEMENTARY
INFORMATION section for information on
how to submit comments through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121. Email:
AS_Waiver_Request@ee.doe.gov.
Mr. Pete Cochran, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–9496. Email:
Peter.Cochran@Hq.Doe.Gov.
SUPPLEMENTARY INFORMATION:
DOE is publishing Hussmann’s
petition for waiver, pursuant to 10 CFR
431.401(b)(1)(iv).1 2 DOE invites all
1 The petition did not identify any of the
information contained therein as confidential
business information.
2 On December 11, 2020, DOE published an
amendment to 10 CFR 431.401 regarding the
processing of petitions for an interim waiver, which
VerDate Sep<11>2014
19:27 Jul 27, 2021
Jkt 253001
interested parties to submit in writing
by August 27, 2021, comments and
information on all aspects of the
petition, including the alternate test
procedure. Pursuant to 10 CFR
431.401(d), any person submitting
written comments to DOE must also
send a copy of such comments to the
petitioner. The contact information for
the petitioner is Daniel C. Conrad,
Ph.D., 314–291–200, 12999 St. Charles
Rock Road, Bridgeton, MO 63044.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment. If
this instruction is followed, persons
viewing comments will see only first
and last names, organization names,
correspondence containing comments,
and any documents submitted with the
comments.
Do not submit to https://
www.regulations.gov information for
which disclosure is restricted by statute,
such as trade secrets and commercial or
financial information (hereinafter
referred to as Confidential Business
Information (‘‘CBI’’)). Comments
submitted through https://
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
became effective beginning January 11, 2021. The
subject petition was received prior to the effective
date of that amendment and therefore is being
processed pursuant to the regulation in effect at the
time of receipt. References to 10 CFR 430.27 in this
notification refer to the 10 CFR 431.401 in the 10
CFR parts 200 to 499 edition revised as of January
1, 2021.
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
40549
DOE processes submissions made
through https://www.regulations.gov
before posting. Normally, comments
will be posted within a few days of
being submitted. However, if large
volumes of comments are being
processed simultaneously, your
comment may not be viewable for up to
several weeks. Please keep the comment
tracking number that https://
www.regulations.gov provides after you
have successfully uploaded your
comment.
Submitting comments via email.
Comments and documents submitted
via email also will be posted to https://
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. Faxes
will not be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
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 via email two wellmarked copies: One copy of the
document marked confidential
including all the information believed to
be confidential, and one copy of the
document marked ‘‘non-confidential’’
with the information believed to be
confidential deleted. DOE will make its
own determination about the
confidential status of the information
E:\FR\FM\28JYN1.SGM
28JYN1
40550
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
and treat it according to its
determination.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
Case Number 2020–003
khammond on DSKJM1Z7X2PROD with NOTICES
Interim Waiver Order
I. Background and Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),3 authorizes
the U.S. Department of Energy (‘‘DOE’’)
to regulate the energy efficiency of a
number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part C 4 of EPCA
established the Energy Conservation
Program for Certain Industrial
Equipment, which sets forth a variety of
provisions designed to improve energy
efficiency for certain types of industrial
equipment. This equipment includes
Commercial Refrigerators, Freezers and
Refrigerator-Freezers (‘‘commercial
refrigeration equipment’’ or ‘‘CRE’’), the
focus of this document. (42 U.S.C.
6311(1)(E))
The energy conservation program
under EPCA consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA include 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; 42
U.S.C. 6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) Certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and
(2) making representations about the
efficiency of that equipment (42 U.S.C.
6314(d)). Similarly, DOE must use these
test procedures to determine whether
the covered equipment complies with
relevant standards promulgated under
EPCA. (42 U.S.C. 6316(a); 42 U.S.C.
6295(s))
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE is
3 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
4 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated as Part A–1.
VerDate Sep<11>2014
17:16 Jul 27, 2021
Jkt 253001
required to follow when prescribing or
amending test procedures for covered
equipment. EPCA requires that any test
procedures prescribed or amended
under this section must be reasonably
designed to produce test results which
reflect the energy efficiency, energy use
or estimated annual operating cost of
covered equipment during a
representative average use cycle and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C.6314(a)(2)) The test procedure for
CRE is contained in the Code of Federal
Regulations (‘‘CFR’’) at 10 CFR part 431,
subpart C, appendix B (‘‘Appendix B’’),
‘‘Amended Uniform Test Method for the
Measurement of Energy Consumption of
Commercial Refrigerators, Freezers, and
Refrigerator-freezers.’’
Under 10 CFR 431.401,5 any
interested person may submit a petition
for waiver from DOE’s test procedure
requirements. DOE will grant a waiver
from the test procedure requirements if
DOE determines either that the basic
models for which the waiver was
requested contains a design
characteristic that prevents testing of the
basic models according to the
prescribed test procedures, or that the
prescribed test procedures evaluate the
basic models in a manner so
unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data. 10 CFR 431.401(f)(2).
A petitioner must include in its petition
any alternate test procedures known to
the petitioner to evaluate the
performance of the equipment type in a
manner representative of the energy
consumption characteristics of the basic
models. 10 CFR 431.401(b)(1)(iii). DOE
may grant the waiver subject to
conditions, which may include
adherence to alternate test procedures
specified by DOE. 10 CFR 431.401(f)(2).
As soon as practicable after the
granting of any waiver, DOE will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. 10
CFR 431.401(l). As soon thereafter as
practicable, DOE will publish in the
Federal Register a final rule to that
effect. Id.
The waiver process also provides that
DOE may grant an interim waiver if it
5 On December 11, 2020, DOE published an
amendment to 10 CFR 431.401 regarding the
processing of petitions for an interim waiver. The
subject petition was received prior to the effective
date of that amendment and therefore is being
processed pursuant to the regulation in effect at the
time of receipt. References to 10 CFR 430.27 in this
notification refer to the 10 CFR 431.401 in the 10
CFR parts 200 to 499 edition revised as of January
1, 2021.
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
appears likely that the underlying
petition for waiver will be granted
and/or if DOE determines that it would
be desirable for public policy reasons to
grant immediate relief pending a
determination on the underlying
petition for waiver. 10 CFR
431.401(e)(2). Within one year of
issuance of an interim waiver, DOE will
either: (i) Publish in the Federal
Register a determination on the petition
for waiver; or (ii) publish in the Federal
Register a new or amended test
procedure that addresses the issues
presented in the waiver. 10 CFR
431.401(h)(1).
When DOE amends the test procedure
to address the issues presented in a
waiver, the waiver will automatically
terminate on the date on which use of
that test procedure is required to
demonstrate compliance. 10 CFR
431.401(h)(2).
II. Hussmann’s Petition for Waiver and
Interim Waiver
On May 12, 2020, Hussmann filed a
petition for waiver and interim waiver
from the test procedure for CRE set forth
at Appendix B. Hussmann described the
basic models for which it is requesting
a waiver 6 as ‘‘Smart Exchange Lockers’’
that are intended for short-term storage
of temperature-controlled products as
part of an e-commerce fulfillment
solution, which operate at low
temperatures. Hussmann claimed that
the refrigerated compartments in the
specified basic models are designed for
loading and retrieving product a limited
number of times per day and are not
designed or used as a traditional
merchandiser where stored product may
be exposed to constant door openings
throughout the day.
Hussmann noted that Appendix B
requires door openings to be conducted
per section 7.2 of American Society of
Heating, Refrigerating and AirConditioning Engineers Standard 72–
2005, Method of Testing Commercial
Refrigerators and Freezers (‘‘ASHRAE
Standard 72–2005’’). Specifically,
ASHRAE 72–2005 section 7.2 requires
that each door be in the fully open
position for six seconds, six times per
hour for eight consecutive hours, and
that each door be opened sequentially,
one at a time. Hussmann noted that the
required number of door openings in the
current procedure does not anticipate
6 The specific basic models of commercial
refrigerators, freezers and refrigerator-freezers for
which Hussmann petitioned for a waiver and
interim waiver are Hussmann branded lowtemperature basic models SLOL6, SLOL8, SLOL10,
SLIL6, SLIL8, and SLIL10. These basic model
names were provided by Hussmann in its May 12,
2020 petition.
E:\FR\FM\28JYN1.SGM
28JYN1
40551
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
the usage profile and application of the
basic models for which Hussmann is
requesting a waiver and thus overstates
the energy consumption. Hussmann
added that ASHRAE72–2005 is
intended for traditional refrigerated
merchandisers and the consumer
behavior at a grocery store or
convenience store. Hussmann stated
that their Smart Exchange Lockers are
designed for short-term storage and that
their usage profile is limited by the time
delay from the consumer schedule and
retail delivery of product and the
consumer arrival to collect the order.
Hussmann further stated that the unit
doors require use of a code or personal
mobile device to unlock the
compartment(s) containing the
consumer’s products.
Hussmann also requests an interim
waiver from the existing DOE test
procedure. DOE will grant an interim
waiver if it appears likely that the
petition for waiver will be granted, and/
or if DOE determines that it would be
desirable for public policy reasons to
grant immediate relief pending a
determination of the petition for waiver.
10 CFR 431.401(e)(2).
Hussmann asserts that absent an
interim waiver, the stated CRE basic
models cannot be tested and rated for
daily energy consumption on a basis
representative of their actual daily
energy consumption characteristics.
Hussmann claimed that the current door
opening procedure, as is required by
DOE test procedure, is not a
representative test of the specified basic
models due to their less-frequent door
openings during typical use.
III. Requested Alternate Test Procedure
EPCA requires that manufacturers use
DOE test procedures when making
representations about the energy
consumption and energy consumption
costs of covered equipment. (42 U.S.C.
6314(d)) Consistency is important when
making representations about the energy
efficiency of covered equipment,
including when demonstrating
compliance with applicable DOE energy
conservation standards. Pursuant to 10
CFR 431.401, and after consideration of
public comments on the petition, DOE
may establish in a subsequent Decision
and Order an alternate test procedure
for the basic models addressed by the
Interim Waiver Order.
Hussmann seeks to use an alternate
test procedure to test and rate specific
CRE basic models. Hussmann
specifically requests to test the specified
basic models with the following
alternate door opening requirements:
Open each door for 8 seconds, every
2 hours, for 10 consecutive hours. (6
VerDate Sep<11>2014
17:16 Jul 27, 2021
Jkt 253001
door cycles) (3 ‘‘load’’ and ‘‘unload’’
cycles) > Stock (load) + Retrieve (unload) ∼ Cycle (turn).7
Hussmann noted that the requested
alternate procedure consists of the door
opening duration, frequency, and period
requirements in the Decision and Order
granted to ITW Food Equipment Group,
LCC, on September 12, 2018 for CRE
intended for use in similar applications.
See 83 FR 46148. Additionally,
Hussmann stated that it conducted beta
testing from which it concluded that the
requested alternate approach is an
accurate representation of how the
specified basic models are being used in
the field.
IV. Interim Waiver Order
DOE has reviewed Hussmann’s
application for an interim waiver and
the alternate test procedure requested by
Hussmann. Based on this review, the
alternate test procedure, with the minor
changes discussed in this section,
appears to allow for the accurate
measurement of the energy
consumption of the specified basic
models, while alleviating the testing
problems associated with Hussmann’s
implementation of CRE testing for these
basic models. DOE has determined that
the alternate test procedure requested by
Hussmann is appropriate because the
identified basic models are designed for
limited access short-term storage of prepurchased items for consumer pickup
and have a different usage pattern when
compared to a commercial refrigerator
or freezer. Consequently, DOE has
determined that Hussmann’s petition for
waiver likely will be granted.
Furthermore, DOE has determined that
it is desirable for public policy reasons
to grant Hussmann immediate relief
pending a determination of the petition
for waiver.
DOE has modified the requested test
approach to more clearly state the door
opening requirements and to explicitly
include the existing test procedure
requirement to open each door
sequentially, one at a time.
For the reasons stated, it is ordered
that:
(1) Hussmann must test and rate the
following CRE basic models with the
7 The alternate test procedure proposed in
Hussmann’s petition also included a sentence
stating that door openings shall start 3 hours after
concluding stabilization period. In general, this
instruction would be expected for testing units that
do not have automatic defrost. In a follow-up
communication with DOE on July 8, 2020 (available
at https://www.regulations.gov/docket?D=EERE2020-BT-WAV-0020), Hussmann stated that the
basic models at issue have timed (i.e., automatic)
defrost cycles and that they are not seeking relief
from the existing ASHRAE 72–2005 requirement
that the door opening period start 3 hours after the
start of a defrost period.
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
alternate test procedure set forth in
paragraph (2).
Brand
Hussmann
Hussmann
Hussmann
Hussmann
Hussmann
Hussmann
.......................
.......................
.......................
.......................
.......................
.......................
Basic model No.
SLOL6
SLOL8
SLOL10
SLIL6
SLIL8
SLIL10
(2) The alternate test procedure for the
Hussmann basic models identified in
paragraph (1) of this Interim Waiver
Order is the test procedure for CRE
prescribed by DOE at 10 CFR part 431,
subpart C, appendix B, except that in
section 7.2 of ASHRAE Standard 72–
2005, the door openings shall be as
specified. All other requirements of
Appendix B and DOE’s regulations,
including the requirement that the door
opening period start 3 hours after the
start of a defrost period, remain
applicable.
Open each door to the fully open
position for 8 seconds, once every 2
hours, for 6 door-opening cycles. Each
door shall be opened sequentially, one
at a time.
(3) Representations. Hussmann may
not make representations about the
energy use of a basic model listed in
paragraph (1) for compliance,
marketing, or other purposes unless that
basic model has been tested in
accordance with the provisions set forth
in this alternate test procedure and such
representations fairly disclose the
results of such testing.
(4) This Interim Waiver Order shall
remain in effect according to the
provisions of 10 CFR 431.401.
(5) This Interim Waiver Order is
issued on the condition that the
statements, representations, test data,
and documents provided by Hussmann
are valid. If Hussmann makes any
modifications to the controls or
configurations of a basic model subject
to this Interim Waiver Order, such
modifications will render the waiver
invalid with respect to that basic model,
and Hussmann will either be required to
use the current Federal test method or
submit a new application for a test
procedure waiver. DOE may rescind or
modify this waiver at any time if it
determines the factual basis underlying
the petition for the Interim Waiver
Order is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic model’s
true energy consumption characteristics.
10 CFR 431.401(k)(1). Likewise,
Hussmann may request that DOE
rescind or modify the Interim Waiver
Order if Hussmann discovers an error in
the information provided to DOE as part
E:\FR\FM\28JYN1.SGM
28JYN1
40552
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
of its petition, determines that the
interim waiver is no longer needed, or
for other appropriate reasons. 10 CFR
431.401(k)(2).
(6) Issuance of this Interim Waiver
Order does not release Hussmann from
the applicable requirements set forth at
10 CFR part 429.
DOE makes decisions on waivers and
interim waivers for only those basic
models specifically set out in the
petition, not future models that may be
manufactured by the petitioner.
Hussmann may submit a new or
amended petition for waiver and request
for grant of interim waiver, as
appropriate, for additional basic models
of CRE. Alternatively, if appropriate,
Hussmann may request that DOE extend
the scope of a waiver or an interim
waiver to include additional basic
models employing the same technology
as the basic model(s) set forth in the
original petition consistent with 10 CFR
431.401(g).
Signing Authority
This document of the Department of
Energy was signed on July 22, 2021, by
Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
khammond on DSKJM1Z7X2PROD with NOTICES
Signed in Washington, DC, on July 23,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
Hussmann Corporation
12999 St. Charles Rock Road
Bridgeton, MO 63044
Office (314) 291–2000, Fax (314) 298–
4756
www.hussmann.com
VIA EMAIL
May 12, 2020
John Cymbalsky
U.S. Department of Energy
Building Technologies Office
Test Procedure Waiver
1000 Independence Avenue SW
Mailstop EE–5B
Washington, DC 20585–0121
VerDate Sep<11>2014
17:16 Jul 27, 2021
Jkt 253001
Re: Petition of Hussmann Corporation
for Waiver of Test Procedure for
Commercial Refrigeration Equipment
Dear Mr. Cymbalsky:
Hussmann Corporation submits this
Petition for Waiver and Application for
Interim Waiver from DO E’s test
procedure for commercial refrigeration
equipment (per Title 10 Chapter II
Subpart V—General Provisions
431.401). Hussmann is submitting this
request because the current test
procedure to evaluate the energy
conservation rating for certain basic
models (Appendix 1) is
unrepresentative of the true energy
consumption characteristics.
times per day. They are not designed or
used as a traditional merchandiser
where stored product may be exposed to
constant door openings throughout a
day.
Design Characteristics Constituting the
Grounds for Petition
Specific Requirements Sought To Be
Waived
The current DOE test procedure
sought to be waived can be found at 10
CFR Appendix B to Subpart C of Part
431—Amended Uniform Test Method
for the Measurement of Energy
Consumption of Commercial
Refrigerators, Freezers, and RefrigeratorFreezers, per AHRl Standard 1200 (I–P)–
2010, section 6, ‘‘Rating Requirements
for Self-contained Commercial
Refrigerated Display Merchandisers and
Storage Cabinets.’’
Such procedure requires the basic
models to be tested per ANSI/ASHRAE
Standard 72. In ANSI/ASHRAE 72—
2005, section 7.2 the door opening
requirements are as follows:
Current Door Opening Requirements:
Each door shall be in the fully open
position for six seconds, six times per
hour for eight consecutive hours. Each
door shall be opened sequentially, one
at a time. The eight-hour period of door
opening shall begin three hours after the
start of a defrost period. For units with
pass-through doors, only the doors on
one side of the unit shall be opened
during the test.
The Smart Exchange Locker consists
of temperature-controlled units. These
units can control both ambient
temperature (non-critical food
temperature) as well as medium and
low temperatures (critical food
temperature). Each unit is dedicated to
one temperature setting with multiple
compartments. End-user (retail)
personnel load product into the
compartments based upon the product
temperature requirements. A
notification system informs the enduser’s customer (consumer) that the
order is ready for pickup. Upon arrival
at the Smart Exchange Locker, the
consumer will use a code or personal
mobile device to unlock the
compartment(s) containing the
consumer’s products, thereby satisfying
an order. The consumer retrieves the
products and leaves. Finally, the Smart
Exchange Locker compartments close
and are available for the retail personnel
to load subsequent orders. The Smart
Exchange Locker is designed to be used
in various locations including the
lobbies of condominium I apartment
complexes, corporate campuses, and
college campuses/dorm facilities.
The compartments are designed for
loading and retrieving product limited
The Need for the Requested Waiver
The required number of door
openings in the current procedure do
not anticipate the usage profile and
application of the Smart Exchange
Locker and thus overstate the energy
consumption. In other words, the
current test procedure overestimates the
necessary door openings because
ASHRAE–72–2005 is intended for
traditional refrigerated merchandisers
and the consumer behavior at a grocery
store or convenience store. The Smart
Exchange Locker is designed for shortterm storage of food and non-food items
that may or may not require temperature
control. The usage profile of the Smart
Exchange Locker is limited by the time
delay from the consumer schedule and
retail delivery of product and the
consumer arrival to collect their order.
From beta testing we conclude that the
test procedure previously requested by
ITW (see next paragraph) is an accurate
representation how a Smart Exchange
Locker is being used in the field.
Hussmann is petitioning for a waiver
on the door opening process for the low
temperature Smart Exchange Locker
module to be identical to the Decision
and Order Granting a Waiver to ITW
Food Equipment Group, LLC From the
Basic Models for Which a Waiver Is
Requested
The Basic Models for which a waiver
and interim waiver are being requested
are set forth in Appendix I (hereinafter
referred to as ‘‘Smart Exchange
Locker’’). The Smart Exchange Locker
consists of a self-contained refrigerated
unit with modular door compartments
and its use is intended for the shortterm storage of temperature-controlled
products as part of an ecommence [sic]
fulfillment solution. A picture of the
Smart Locker is also included in
Appendix I.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
E:\FR\FM\28JYN1.SGM
28JYN1
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
Department of Energy Commercial
Refrigerati Equipment Test Procedure,
in Federal Register/Vol. 83, No. 77/
Wednesday, September 12, 2018/
Notices pages 46148–46152, as set forth
further below.
each door for 8 seconds, every 2 hours,
for 10 consecutive hours. (6 door cycles)
(3 ‘‘load’’ and ‘‘unload’’ cycles) > Stock
(load) + Retrieve (un-load)—Cycle
(tum).
Proposed Alternate Test Procedure
Comparison of Standard to Waiver
Method
ITW Door-Opening Requirement:
Door openings shall start 3 hours after
concluding stabilization period. Open
Figure 1 shows the comparison of
energy performance for a Smart
Exchange Locker Low Temperature
40553
Module, Model SLOL8. The allowable
energy level is 10.22 KW-hr/day (DOE
equipment class VCS.SC.L). The
proposed alternate test procedure, based
on how the locker is used in the field,
shows it will meet the maximum
allowable energy limits without further
need to modify additional energy
requirements. This also shows how the
energy consumption will be more
accurately represented.
Smart Locker Energy Assessment
11.5
•
11.0
f
•
Hl.J
__ -------· ___ --- --· - · · . - __ - -- --- --- --- -- ---- IG.:12 max alowahle
•
10.G
•
9.5
tail:
IIHllfoad
LTtaN1
LTCU.Z
Madlfiecl 00.... Opening
LTQIM1
1.TCne2
sYndanl Door Clflenlng
khammond on DSKJM1Z7X2PROD with NOTICES
List of Manufacturers of All Other Basic
Models Marketed in the United States
and Known to the Petitioner To
Incorporate Similar Design
Characteristics
Hussmann has reviewed the CCMS
database as of May 8, 2020 to review all
known listed products and found that
there are no known listed models
covered by the DOE requirements that
have design characteristics similar to
that on which our petition is based.
Hussmann has done web searches and
inquired with customers and is not
aware of any products similarly
designed having been sold in the United
States. Hussmann is aware that products
similar to the Smart Exchange Locker
exists outside of the United States and
believes that domestic retailers have
been eviewing such products.
Hussmann has not found any data
indicating such products meet DOE
energy efficiency requirements, UL
electrical and mechanical safety
requirements, or NSF food sanitation
and food product safety temperature
requirements.
Therefore, Hussmann does not believe
that there are other known
manufacturers in which to provide
concurrent notice of this Petition for
VerDate Sep<11>2014
17:16 Jul 27, 2021
Jkt 253001
Waiver and Application for Interim
Waiver.
Request for Interim Waiver
Hussmann Corporation also petitions
for an interim waiver for the models
listed in Appendix I, based on the
merits of our proposed alternate test
procedure to represent actual consumer
behavior. With this waiver and reliance
on alternate test procedure, Hussmann’s
calculations of the Smart Exchange
Locker will accurately represent energy
consumption and therefore believes the
petition for waiver is likely to be
granted. It is therefore essential the
interim waiver be granted to allow
Hussmann Corporation to distribute the
Smart Exchange Locker and meet
current demands.
Economic Hardships and Competitive
Disadvantages
Changes in consumer behavior over
the last several years show that
traditional brick and mortar groceries
are facing more competition from online
shopping opportunities. The need for
the Smart Exchange Locker is an option
that traditional groceries as well as
‘‘new players’’ in the fresh food concept
are using to expand their product
offerings and appeal to the newer
consumer behavior. Hussmann has been
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
working with the retailers to understand
their needs moving forward. The Smart
Exchange Locker is an opportunity for
both current and future shopping. We
understand similar products are
available overseas—they do not meet
the stringent electrical and mechanical
safety needs, food preservation safety
needs, and energy efficiency needs
required in the United States. These
products are being evaluated by retailers
in the U.S. and there is a strong
possibility these products will find their
way into the U.S. market.
The above mentioned safety and
energy efficiency needs may not be met
because, like many newer concept
products, the appropriate standards and
regulations will not be apparent to local
authorities having jurisdiction (AHJs).
Refrigerated lockers are critical to
support the needs of the growing ecommerce market. Online grocery sales
are projected to grow at a compound
annual growth rate of 15% (prior to the
COVID crisis) through 2022, reaching
8.2% of total grocery spending. In
addition, buy online pickup in store
(BOPIS) and curbside pickup increased
62% between Feb. 24 and March 21
compared to the same period in 2019.
Lockers are becoming viewed as a
preferred method of supporting curbside
or BOPIS grocery sales to limit contact.
E:\FR\FM\28JYN1.SGM
28JYN1
EN28JY21.015
Figure l; Energy Comparison Smart Locker Assessment Methods
40554
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices
Shoppers prefer the ‘‘no human
contact’’ that they get from ordering
online and picking up their purchases at
a locker. Home grocery delivery
companies are seeing demand increase
dramatically and expect e-commerce
adoption to continue. They expect many
customers not to return to traditional
shopping after this change. In addition,
one of the leading home grocery
delivery companies projected a demand
for 1000 lockers annually (prior to the
increased demand created by COVID–
19). We strongly expect this entire
market to see an increased demand
based on the changing consumer
shopping behavior accelerated by the
recent concerns of the COVID crisis.
Conclusion
The Smart Exchange Locker is
designed for limited access short-term
storage of products to facilitate
consumer pickup of electronically
purchased items and it is not a
traditional refrigerator or freezer
merchandiser. Hussmann Corporation
petitions DOE to grant the use of an
Alternate Test Procedure and an Interim
Waiver from DOE’s current requirement
to test Commercial Refrigerators,
Freezers, and Refrigerator-Freezers for
the Smart Exchange Locker. Without
such requested relief, Hussmann
Corporation will not be able to meet
market demand for a product supporting
critical temperature short-term storage
of e-commerce products. A grant of this
petition is required to align a test
procedure with the actual product usage
profiles thereby allowing compliance
with the requisite energy standards.
Sincerely,
/s/
Daniel C. Conrad, Ph.D.,
Director Reliability & Testing.
Appendix I—Smart Locker
Basic Models for Which a Waiver Is
Requested
A waiver is requested for the Hussmann
branded Smart Locker basic model(s) which
will be distributed in commerce. These
models are identified as:
Branded
khammond on DSKJM1Z7X2PROD with NOTICES
Hussmann .......................
Model No(s).
SLOL6
SLOL8
SLOLl0
SLIL6
SLIL8
SLILl0
Picture: Smart Locker
[Image available at https://
www.regulations.gov/docket?D=EERE2020-BT-WAV-0020]
[FR Doc. 2021–16017 Filed 7–27–21; 8:45 am]
BILLING CODE 6450–01–P
VerDate Sep<11>2014
17:16 Jul 27, 2021
Jkt 253001
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC21–24–000]
Commission Information Collection
Activities (FERC–537); Comment
Request; Extension
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Notice of information collection
and request for comments.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on a renewal of
currently approved information
collection, FERC–537 (Gas Pipeline
Certificates: Construction, Acquisition,
and Abandonment), which will be
submitted to the Office of Management
and Budget (OMB) for review.
DATES: Comments on the collection of
information are due August 27, 2021.
ADDRESSES: Send written comments on
FERC–537 to OMB through
www.reginfo.gov/public/do/PRAMain.
Attention: Federal Energy Regulatory
Commission Desk Officer. Please
identify the OMB Control Number
(1902–0060) in the subject line of your
comments. Comments should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain.
Please submit copies of your
comments to the Commission. You may
submit copies of your comments
(identified by Docket No. IC21–24–000)
by one of the following methods:
Electronic filing through https://
www.ferc.gov, is preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery.
Æ Mail via U.S. Postal Service Only:
Addressed to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
Æ Hand (Including Courier) Delivery:
Deliver to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue,
Rockville, MD 20852.
Instructions: OMB submissions must
be formatted and filed in accordance
with submission guidelines at
www.reginfo.gov/public/do/PRAMain.
SUMMARY:
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
Using the search function under the
‘‘Currently Under Review’’ field, select
Federal Energy Regulatory Commission;
click ‘‘submit,’’ and select ‘‘comment’’
to the right of the subject collection.
FERC submissions must be formatted
and filed in accordance with submission
guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online
Support by email at ferconlinesupport@
ferc.gov, or by phone at: (866) 208–3676
(toll-free).
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov/ferconline/overview.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, telephone
at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: FERC–537 (Gas Pipeline
Certificates: Construction, Acquisition,
and Abandonment).
OMB Control No.: 1902–0060.
Type of Request: Three-year extension
of the FERC–537 information collection
requirements with no changes to the
reporting requirements.
Abstract: The FERC–537 information
collection requires natural gas
companies to file the necessary
information with FERC in order for the
Commission to determine if the
requested certificate should be
authorized. The data required to be
submitted in a normal certificate filing
consists of identification of the
company and responsible officials,
factors considered in the location of the
facilities and the impact on the area for
environmental considerations. Also to
be submitted are the following, as
applicable to the specific request:
• Flow diagrams showing the design
capacity for engineering design
verification and safety determination;
• Cost of proposed facilities, plans for
financing, and estimated revenues and
expenses related to the proposed facility
for accounting and financial evaluation.
• Existing and proposed storage
capacity and pressures and reservoir
engineering studies for requests to
increase storage capacity;
• An affidavit showing the consent of
existing customers for abandonment of
service requests.
Certain self-implementing
construction and abandonment
programs do not require the filing of
applications. However, those types of
programs do require the filing of annual
reports, so many less significant actions
can be reported in a single filing/
response and less detail would be
E:\FR\FM\28JYN1.SGM
28JYN1
Agencies
[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40548-40554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16017]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2020-003; EERE-2020-BT-WAV-0020]
Energy Conservation Program: Notification of Petition for Waiver
of Hussmann Corporation From the Department of Energy Commercial
Refrigerators, Freezers and Refrigerator-Freezers Test Procedure and
Notification of Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of petition for waiver and grant of an interim
waiver; request for comments.
-----------------------------------------------------------------------
SUMMARY: This notification announces receipt of and publishes a
petition for waiver and interim waiver from Hussmann Corporation
(``Hussmann''), which seeks a waiver for specified Commercial
Refrigerator, Freezer, and Refrigerator-Freezer (``CRE'') basic models
from the U.S. Department of Energy (``DOE'') test procedure used for
determining the energy consumption of CRE. DOE also gives notification
of an Interim Waiver Order that requires Hussmann to test and rate the
specified CRE basic models in accordance with the alternate test
procedure set forth in the Interim Waiver Order. DOE solicits comments,
data, and information concerning Hussmann's petition, its suggested
alternate test procedure, and the alternate test procedure required
under the Interim Waiver Order so as to inform DOE's final decision on
Hussmann's waiver request.
DATES: Written comments and information are requested and will be
accepted on or before August 27, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov.
Alternatively, interested persons may submit comments, identified by
docket number EERE-2020-BT-WAV-0020, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: to [email protected]. Include
docket number EERE-2020-BT-WAV-0020 in the subject line of the message.
No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see the SUPPLEMENTARY INFORMATION section of this document.
[[Page 40549]]
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of
public comments via postal mail and hand delivery/courier. If a
commenter finds that this change poses an undue hardship, please
contact Appliance Standards Program staff at (202) 586-1445 to discuss
the need for alternative arrangements. Once the Covid-19 pandemic
health emergency is resolved, DOE anticipates resuming all of its
regular options for public comment submission, including postal mail
and hand delivery/courier.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at https://www.regulations.gov. All documents in the docket are
listed in the https://www.regulations.gov index. However, some
documents listed in the index, such as those containing information
that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020. The docket web page contains
instruction on how to access all documents, including public comments,
in the docket. See the SUPPLEMENTARY INFORMATION section for
information on how to submit comments through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, Mailstop
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email:
[email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
DOE is publishing Hussmann's petition for waiver, pursuant to 10
CFR 431.401(b)(1)(iv).1 2 DOE invites all interested parties
to submit in writing by August 27, 2021, comments and information on
all aspects of the petition, including the alternate test procedure.
Pursuant to 10 CFR 431.401(d), any person submitting written comments
to DOE must also send a copy of such comments to the petitioner. The
contact information for the petitioner is Daniel C. Conrad, Ph.D., 314-
291-200, 12999 St. Charles Rock Road, Bridgeton, MO 63044.
---------------------------------------------------------------------------
\1\ The petition did not identify any of the information
contained therein as confidential business information.
\2\ On December 11, 2020, DOE published an amendment to 10 CFR
431.401 regarding the processing of petitions for an interim waiver,
which became effective beginning January 11, 2021. The subject
petition was received prior to the effective date of that amendment
and therefore is being processed pursuant to the regulation in
effect at the time of receipt. References to 10 CFR 430.27 in this
notification refer to the 10 CFR 431.401 in the 10 CFR parts 200 to
499 edition revised as of January 1, 2021.
---------------------------------------------------------------------------
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to https://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through https://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to https://www.regulations.gov. If you do not
want your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. 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 via
email two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked ``non-confidential'' with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information
[[Page 40550]]
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Case Number 2020-003
Interim Waiver Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\3\
authorizes the U.S. Department of Energy (``DOE'') to regulate the
energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part C \4\ of
EPCA established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy efficiency for certain types of industrial equipment. This
equipment includes Commercial Refrigerators, Freezers and Refrigerator-
Freezers (``commercial refrigeration equipment'' or ``CRE''), the focus
of this document. (42 U.S.C. 6311(1)(E))
---------------------------------------------------------------------------
\3\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\4\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated as Part A-1.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include 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; 42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine whether the covered equipment
complies with relevant standards promulgated under EPCA. (42 U.S.C.
6316(a); 42 U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered equipment. EPCA requires that any test procedures
prescribed or amended under this section must be reasonably designed to
produce test results which reflect the energy efficiency, energy use or
estimated annual operating cost of covered equipment during a
representative average use cycle and requires that test procedures not
be unduly burdensome to conduct. (42 U.S.C.6314(a)(2)) The test
procedure for CRE is contained in the Code of Federal Regulations
(``CFR'') at 10 CFR part 431, subpart C, appendix B (``Appendix B''),
``Amended Uniform Test Method for the Measurement of Energy Consumption
of Commercial Refrigerators, Freezers, and Refrigerator-freezers.''
Under 10 CFR 431.401,\5\ any interested person may submit a
petition for waiver from DOE's test procedure requirements. DOE will
grant a waiver from the test procedure requirements if DOE determines
either that the basic models for which the waiver was requested
contains a design characteristic that prevents testing of the basic
models according to the prescribed test procedures, or that the
prescribed test procedures evaluate the basic models in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). A
petitioner must include in its petition any alternate test procedures
known to the petitioner to evaluate the performance of the equipment
type in a manner representative of the energy consumption
characteristics of the basic models. 10 CFR 431.401(b)(1)(iii). DOE may
grant the waiver subject to conditions, which may include adherence to
alternate test procedures specified by DOE. 10 CFR 431.401(f)(2).
---------------------------------------------------------------------------
\5\ On December 11, 2020, DOE published an amendment to 10 CFR
431.401 regarding the processing of petitions for an interim waiver.
The subject petition was received prior to the effective date of
that amendment and therefore is being processed pursuant to the
regulation in effect at the time of receipt. References to 10 CFR
430.27 in this notification refer to the 10 CFR 431.401 in the 10
CFR parts 200 to 499 edition revised as of January 1, 2021.
---------------------------------------------------------------------------
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable,
DOE will publish in the Federal Register a final rule to that effect.
Id.
The waiver process also provides that DOE may grant an interim
waiver if it appears likely that the underlying petition for waiver
will be granted and/or if DOE determines that it would be desirable for
public policy reasons to grant immediate relief pending a determination
on the underlying petition for waiver. 10 CFR 431.401(e)(2). Within one
year of issuance of an interim waiver, DOE will either: (i) Publish in
the Federal Register a determination on the petition for waiver; or
(ii) publish in the Federal Register a new or amended test procedure
that addresses the issues presented in the waiver. 10 CFR
431.401(h)(1).
When DOE amends the test procedure to address the issues presented
in a waiver, the waiver will automatically terminate on the date on
which use of that test procedure is required to demonstrate compliance.
10 CFR 431.401(h)(2).
II. Hussmann's Petition for Waiver and Interim Waiver
On May 12, 2020, Hussmann filed a petition for waiver and interim
waiver from the test procedure for CRE set forth at Appendix B.
Hussmann described the basic models for which it is requesting a waiver
\6\ as ``Smart Exchange Lockers'' that are intended for short-term
storage of temperature-controlled products as part of an e-commerce
fulfillment solution, which operate at low temperatures. Hussmann
claimed that the refrigerated compartments in the specified basic
models are designed for loading and retrieving product a limited number
of times per day and are not designed or used as a traditional
merchandiser where stored product may be exposed to constant door
openings throughout the day.
---------------------------------------------------------------------------
\6\ The specific basic models of commercial refrigerators,
freezers and refrigerator-freezers for which Hussmann petitioned for
a waiver and interim waiver are Hussmann branded low-temperature
basic models SLOL6, SLOL8, SLOL10, SLIL6, SLIL8, and SLIL10. These
basic model names were provided by Hussmann in its May 12, 2020
petition.
---------------------------------------------------------------------------
Hussmann noted that Appendix B requires door openings to be
conducted per section 7.2 of American Society of Heating, Refrigerating
and Air-Conditioning Engineers Standard 72-2005, Method of Testing
Commercial Refrigerators and Freezers (``ASHRAE Standard 72-2005'').
Specifically, ASHRAE 72-2005 section 7.2 requires that each door be in
the fully open position for six seconds, six times per hour for eight
consecutive hours, and that each door be opened sequentially, one at a
time. Hussmann noted that the required number of door openings in the
current procedure does not anticipate
[[Page 40551]]
the usage profile and application of the basic models for which
Hussmann is requesting a waiver and thus overstates the energy
consumption. Hussmann added that ASHRAE72-2005 is intended for
traditional refrigerated merchandisers and the consumer behavior at a
grocery store or convenience store. Hussmann stated that their Smart
Exchange Lockers are designed for short-term storage and that their
usage profile is limited by the time delay from the consumer schedule
and retail delivery of product and the consumer arrival to collect the
order. Hussmann further stated that the unit doors require use of a
code or personal mobile device to unlock the compartment(s) containing
the consumer's products.
Hussmann also requests an interim waiver from the existing DOE test
procedure. DOE will grant an interim waiver if it appears likely that
the petition for waiver will be granted, and/or if DOE determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. 10 CFR
431.401(e)(2).
Hussmann asserts that absent an interim waiver, the stated CRE
basic models cannot be tested and rated for daily energy consumption on
a basis representative of their actual daily energy consumption
characteristics. Hussmann claimed that the current door opening
procedure, as is required by DOE test procedure, is not a
representative test of the specified basic models due to their less-
frequent door openings during typical use.
III. Requested Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of covered equipment. (42 U.S.C. 6314(d)) Consistency
is important when making representations about the energy efficiency of
covered equipment, including when demonstrating compliance with
applicable DOE energy conservation standards. Pursuant to 10 CFR
431.401, and after consideration of public comments on the petition,
DOE may establish in a subsequent Decision and Order an alternate test
procedure for the basic models addressed by the Interim Waiver Order.
Hussmann seeks to use an alternate test procedure to test and rate
specific CRE basic models. Hussmann specifically requests to test the
specified basic models with the following alternate door opening
requirements:
Open each door for 8 seconds, every 2 hours, for 10 consecutive
hours. (6 door cycles) (3 ``load'' and ``unload'' cycles) > Stock
(load) + Retrieve (un-load) ~ Cycle (turn).\7\
---------------------------------------------------------------------------
\7\ The alternate test procedure proposed in Hussmann's petition
also included a sentence stating that door openings shall start 3
hours after concluding stabilization period. In general, this
instruction would be expected for testing units that do not have
automatic defrost. In a follow-up communication with DOE on July 8,
2020 (available at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020), Hussmann stated that the basic models at issue have
timed (i.e., automatic) defrost cycles and that they are not seeking
relief from the existing ASHRAE 72-2005 requirement that the door
opening period start 3 hours after the start of a defrost period.
---------------------------------------------------------------------------
Hussmann noted that the requested alternate procedure consists of
the door opening duration, frequency, and period requirements in the
Decision and Order granted to ITW Food Equipment Group, LCC, on
September 12, 2018 for CRE intended for use in similar applications.
See 83 FR 46148. Additionally, Hussmann stated that it conducted beta
testing from which it concluded that the requested alternate approach
is an accurate representation of how the specified basic models are
being used in the field.
IV. Interim Waiver Order
DOE has reviewed Hussmann's application for an interim waiver and
the alternate test procedure requested by Hussmann. Based on this
review, the alternate test procedure, with the minor changes discussed
in this section, appears to allow for the accurate measurement of the
energy consumption of the specified basic models, while alleviating the
testing problems associated with Hussmann's implementation of CRE
testing for these basic models. DOE has determined that the alternate
test procedure requested by Hussmann is appropriate because the
identified basic models are designed for limited access short-term
storage of pre-purchased items for consumer pickup and have a different
usage pattern when compared to a commercial refrigerator or freezer.
Consequently, DOE has determined that Hussmann's petition for waiver
likely will be granted. Furthermore, DOE has determined that it is
desirable for public policy reasons to grant Hussmann immediate relief
pending a determination of the petition for waiver.
DOE has modified the requested test approach to more clearly state
the door opening requirements and to explicitly include the existing
test procedure requirement to open each door sequentially, one at a
time.
For the reasons stated, it is ordered that:
(1) Hussmann must test and rate the following CRE basic models with
the alternate test procedure set forth in paragraph (2).
------------------------------------------------------------------------
Brand Basic model No.
------------------------------------------------------------------------
Hussmann................................... SLOL6
Hussmann................................... SLOL8
Hussmann................................... SLOL10
Hussmann................................... SLIL6
Hussmann................................... SLIL8
Hussmann................................... SLIL10
------------------------------------------------------------------------
(2) The alternate test procedure for the Hussmann basic models
identified in paragraph (1) of this Interim Waiver Order is the test
procedure for CRE prescribed by DOE at 10 CFR part 431, subpart C,
appendix B, except that in section 7.2 of ASHRAE Standard 72-2005, the
door openings shall be as specified. All other requirements of Appendix
B and DOE's regulations, including the requirement that the door
opening period start 3 hours after the start of a defrost period,
remain applicable.
Open each door to the fully open position for 8 seconds, once every
2 hours, for 6 door-opening cycles. Each door shall be opened
sequentially, one at a time.
(3) Representations. Hussmann may not make representations about
the energy use of a basic model listed in paragraph (1) for compliance,
marketing, or other purposes unless that basic model has been tested in
accordance with the provisions set forth in this alternate test
procedure and such representations fairly disclose the results of such
testing.
(4) This Interim Waiver Order shall remain in effect according to
the provisions of 10 CFR 431.401.
(5) This Interim Waiver Order is issued on the condition that the
statements, representations, test data, and documents provided by
Hussmann are valid. If Hussmann makes any modifications to the controls
or configurations of a basic model subject to this Interim Waiver
Order, such modifications will render the waiver invalid with respect
to that basic model, and Hussmann will either be required to use the
current Federal test method or submit a new application for a test
procedure waiver. DOE may rescind or modify this waiver at any time if
it determines the factual basis underlying the petition for the Interim
Waiver Order is incorrect, or the results from the alternate test
procedure are unrepresentative of the basic model's true energy
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, Hussmann
may request that DOE rescind or modify the Interim Waiver Order if
Hussmann discovers an error in the information provided to DOE as part
[[Page 40552]]
of its petition, determines that the interim waiver is no longer
needed, or for other appropriate reasons. 10 CFR 431.401(k)(2).
(6) Issuance of this Interim Waiver Order does not release Hussmann
from the applicable requirements set forth at 10 CFR part 429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. Hussmann may submit a new
or amended petition for waiver and request for grant of interim waiver,
as appropriate, for additional basic models of CRE. Alternatively, if
appropriate, Hussmann may request that DOE extend the scope of a waiver
or an interim waiver to include additional basic models employing the
same technology as the basic model(s) set forth in the original
petition consistent with 10 CFR 431.401(g).
Signing Authority
This document of the Department of Energy was signed on July 22,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on July 23, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Hussmann Corporation
12999 St. Charles Rock Road
Bridgeton, MO 63044
Office (314) 291-2000, Fax (314) 298-4756
www.hussmann.com
VIA EMAIL
May 12, 2020
John Cymbalsky
U.S. Department of Energy
Building Technologies Office
Test Procedure Waiver
1000 Independence Avenue SW
Mailstop EE-5B
Washington, DC 20585-0121
Re: Petition of Hussmann Corporation for Waiver of Test Procedure for
Commercial Refrigeration Equipment
Dear Mr. Cymbalsky:
Hussmann Corporation submits this Petition for Waiver and
Application for Interim Waiver from DO E's test procedure for
commercial refrigeration equipment (per Title 10 Chapter II Subpart V--
General Provisions 431.401). Hussmann is submitting this request
because the current test procedure to evaluate the energy conservation
rating for certain basic models (Appendix 1) is unrepresentative of the
true energy consumption characteristics.
Basic Models for Which a Waiver Is Requested
The Basic Models for which a waiver and interim waiver are being
requested are set forth in Appendix I (hereinafter referred to as
``Smart Exchange Locker''). The Smart Exchange Locker consists of a
self-contained refrigerated unit with modular door compartments and its
use is intended for the short-term storage of temperature-controlled
products as part of an ecommence [sic] fulfillment solution. A picture
of the Smart Locker is also included in Appendix I.
Design Characteristics Constituting the Grounds for Petition
The Smart Exchange Locker consists of temperature-controlled units.
These units can control both ambient temperature (non-critical food
temperature) as well as medium and low temperatures (critical food
temperature). Each unit is dedicated to one temperature setting with
multiple compartments. End-user (retail) personnel load product into
the compartments based upon the product temperature requirements. A
notification system informs the end-user's customer (consumer) that the
order is ready for pickup. Upon arrival at the Smart Exchange Locker,
the consumer will use a code or personal mobile device to unlock the
compartment(s) containing the consumer's products, thereby satisfying
an order. The consumer retrieves the products and leaves. Finally, the
Smart Exchange Locker compartments close and are available for the
retail personnel to load subsequent orders. The Smart Exchange Locker
is designed to be used in various locations including the lobbies of
condominium I apartment complexes, corporate campuses, and college
campuses/dorm facilities.
The compartments are designed for loading and retrieving product
limited times per day. They are not designed or used as a traditional
merchandiser where stored product may be exposed to constant door
openings throughout a day.
Specific Requirements Sought To Be Waived
The current DOE test procedure sought to be waived can be found at
10 CFR Appendix B to Subpart C of Part 431--Amended Uniform Test Method
for the Measurement of Energy Consumption of Commercial Refrigerators,
Freezers, and Refrigerator-Freezers, per AHRl Standard 1200 (I-P)-2010,
section 6, ``Rating Requirements for Self-contained Commercial
Refrigerated Display Merchandisers and Storage Cabinets.''
Such procedure requires the basic models to be tested per ANSI/
ASHRAE Standard 72. In ANSI/ASHRAE 72--2005, section 7.2 the door
opening requirements are as follows:
Current Door Opening Requirements: Each door shall be in the fully
open position for six seconds, six times per hour for eight consecutive
hours. Each door shall be opened sequentially, one at a time. The
eight-hour period of door opening shall begin three hours after the
start of a defrost period. For units with pass-through doors, only the
doors on one side of the unit shall be opened during the test.
The Need for the Requested Waiver
The required number of door openings in the current procedure do
not anticipate the usage profile and application of the Smart Exchange
Locker and thus overstate the energy consumption. In other words, the
current test procedure overestimates the necessary door openings
because ASHRAE-72-2005 is intended for traditional refrigerated
merchandisers and the consumer behavior at a grocery store or
convenience store. The Smart Exchange Locker is designed for short-term
storage of food and non-food items that may or may not require
temperature control. The usage profile of the Smart Exchange Locker is
limited by the time delay from the consumer schedule and retail
delivery of product and the consumer arrival to collect their order.
From beta testing we conclude that the test procedure previously
requested by ITW (see next paragraph) is an accurate representation how
a Smart Exchange Locker is being used in the field.
Hussmann is petitioning for a waiver on the door opening process
for the low temperature Smart Exchange Locker module to be identical to
the Decision and Order Granting a Waiver to ITW Food Equipment Group,
LLC From the
[[Page 40553]]
Department of Energy Commercial Refrigerati Equipment Test Procedure,
in Federal Register/Vol. 83, No. 77/Wednesday, September 12, 2018/
Notices pages 46148-46152, as set forth further below.
Proposed Alternate Test Procedure
ITW Door-Opening Requirement: Door openings shall start 3 hours
after concluding stabilization period. Open each door for 8 seconds,
every 2 hours, for 10 consecutive hours. (6 door cycles) (3 ``load''
and ``unload'' cycles) > Stock (load) + Retrieve (un-load)--Cycle
(tum).
Comparison of Standard to Waiver Method
Figure 1 shows the comparison of energy performance for a Smart
Exchange Locker Low Temperature Module, Model SLOL8. The allowable
energy level is 10.22 KW-hr/day (DOE equipment class VCS.SC.L). The
proposed alternate test procedure, based on how the locker is used in
the field, shows it will meet the maximum allowable energy limits
without further need to modify additional energy requirements. This
also shows how the energy consumption will be more accurately
represented.
[GRAPHIC] [TIFF OMITTED] TN28JY21.015
List of Manufacturers of All Other Basic Models Marketed in the United
States and Known to the Petitioner To Incorporate Similar Design
Characteristics
Hussmann has reviewed the CCMS database as of May 8, 2020 to review
all known listed products and found that there are no known listed
models covered by the DOE requirements that have design characteristics
similar to that on which our petition is based.
Hussmann has done web searches and inquired with customers and is
not aware of any products similarly designed having been sold in the
United States. Hussmann is aware that products similar to the Smart
Exchange Locker exists outside of the United States and believes that
domestic retailers have been eviewing such products. Hussmann has not
found any data indicating such products meet DOE energy efficiency
requirements, UL electrical and mechanical safety requirements, or NSF
food sanitation and food product safety temperature requirements.
Therefore, Hussmann does not believe that there are other known
manufacturers in which to provide concurrent notice of this Petition
for Waiver and Application for Interim Waiver.
Request for Interim Waiver
Hussmann Corporation also petitions for an interim waiver for the
models listed in Appendix I, based on the merits of our proposed
alternate test procedure to represent actual consumer behavior. With
this waiver and reliance on alternate test procedure, Hussmann's
calculations of the Smart Exchange Locker will accurately represent
energy consumption and therefore believes the petition for waiver is
likely to be granted. It is therefore essential the interim waiver be
granted to allow Hussmann Corporation to distribute the Smart Exchange
Locker and meet current demands.
Economic Hardships and Competitive Disadvantages
Changes in consumer behavior over the last several years show that
traditional brick and mortar groceries are facing more competition from
online shopping opportunities. The need for the Smart Exchange Locker
is an option that traditional groceries as well as ``new players'' in
the fresh food concept are using to expand their product offerings and
appeal to the newer consumer behavior. Hussmann has been working with
the retailers to understand their needs moving forward. The Smart
Exchange Locker is an opportunity for both current and future shopping.
We understand similar products are available overseas--they do not meet
the stringent electrical and mechanical safety needs, food preservation
safety needs, and energy efficiency needs required in the United
States. These products are being evaluated by retailers in the U.S. and
there is a strong possibility these products will find their way into
the U.S. market.
The above mentioned safety and energy efficiency needs may not be
met because, like many newer concept products, the appropriate
standards and regulations will not be apparent to local authorities
having jurisdiction (AHJs).
Refrigerated lockers are critical to support the needs of the
growing e-commerce market. Online grocery sales are projected to grow
at a compound annual growth rate of 15% (prior to the COVID crisis)
through 2022, reaching 8.2% of total grocery spending. In addition, buy
online pickup in store (BOPIS) and curbside pickup increased 62%
between Feb. 24 and March 21 compared to the same period in 2019.
Lockers are becoming viewed as a preferred method of supporting
curbside or BOPIS grocery sales to limit contact.
[[Page 40554]]
Shoppers prefer the ``no human contact'' that they get from ordering
online and picking up their purchases at a locker. Home grocery
delivery companies are seeing demand increase dramatically and expect
e-commerce adoption to continue. They expect many customers not to
return to traditional shopping after this change. In addition, one of
the leading home grocery delivery companies projected a demand for 1000
lockers annually (prior to the increased demand created by COVID-19).
We strongly expect this entire market to see an increased demand based
on the changing consumer shopping behavior accelerated by the recent
concerns of the COVID crisis.
Conclusion
The Smart Exchange Locker is designed for limited access short-term
storage of products to facilitate consumer pickup of electronically
purchased items and it is not a traditional refrigerator or freezer
merchandiser. Hussmann Corporation petitions DOE to grant the use of an
Alternate Test Procedure and an Interim Waiver from DOE's current
requirement to test Commercial Refrigerators, Freezers, and
Refrigerator-Freezers for the Smart Exchange Locker. Without such
requested relief, Hussmann Corporation will not be able to meet market
demand for a product supporting critical temperature short-term storage
of e-commerce products. A grant of this petition is required to align a
test procedure with the actual product usage profiles thereby allowing
compliance with the requisite energy standards.
Sincerely,
/s/
Daniel C. Conrad, Ph.D.,
Director Reliability & Testing.
Appendix I--Smart Locker
Basic Models for Which a Waiver Is Requested
A waiver is requested for the Hussmann branded Smart Locker
basic model(s) which will be distributed in commerce. These models
are identified as:
------------------------------------------------------------------------
Branded Model No(s).
------------------------------------------------------------------------
Hussmann................................... SLOL6
SLOL8
SLOLl0
SLIL6
SLIL8
SLILl0
------------------------------------------------------------------------
Picture: Smart Locker
[Image available at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020]
[FR Doc. 2021-16017 Filed 7-27-21; 8:45 am]
BILLING CODE 6450-01-P