[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25734-25738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10378]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CR-003]
Notice of Petition for Waiver of Hussmann From the Department of
Energy Commercial Refrigerator, Freezer and Refrigerator-Freezer Test
Procedure, and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, notice of grant of interim
waiver, and request for comments.
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SUMMARY: This notice announces receipt of and publishes a petition for
waiver and application for interim waiver from Hussmann, Inc.
(Hussmann) (hereafter, ``petition'') from the U.S. Department of Energy
(DOE) test procedure for determining the energy consumption of
commercial refrigerators, freezers and refrigerator-freezers. Today's
notice also grants an interim waiver to Hussmann from the commercial
refrigerator, freezer and refrigerator-freezer test procedure. Through
this notice, DOE also solicits comments with respect to the Hussmann
petition.
DATES: DOE will accept comments, data, and information with respect to
the Hussmann petition until June 3, 2013.
ADDRESSES: You may submit comments, identified by case number CR-003,
by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Email: [email protected]. Include ``Case No.
CR-003'' in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Please submit one signed original paper
copy.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza SW., Washington, DC, 20024; (202) 586-2945, between
9:00 a.m. and 4:00 p.m., Monday through Friday, except on Federal
holidays. Available documents include the following items:
[[Page 25735]]
(1) This notice; (2) public comments received; (3) the petition for
waiver and application for interim waiver; and (4) prior DOE
rulemakings and waivers regarding commercial refrigeration equipment.
Please call Ms. Brenda Edwards at the above telephone number for
additional information.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-0371. Email: [email protected].
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: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317 (``sections 6311-
6314'')), established the Energy Conservation Program for certain
industrial equipment, which includes commercial refrigeration
equipment, the focus of this notice.\1\ Part C specifically includes
definitions (42 U.S.C. 6311), energy conservation standards (42 U.S.C
6313), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C.
6315), and the authority to require information and reports from
manufacturers. (42 U.S.C. 6316) With respect to test procedures, Part C
authorizes the Secretary of Energy (the Secretary) to prescribe test
procedures that are reasonably designed to produce results that measure
energy efficiency, energy use, and estimated annual operating costs,
and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
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Section 6314(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
6313(c)(4), 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 6314(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. 10
CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency
and Renewable Energy (Assistant Secretary) may grant a waiver subject
to conditions, including adherence to alternate test procedures. 10 CFR
431.401(f)(4). Waivers remain in effect according to the provisions of
10 CFR 431.401(g).
The waiver process also permits parties submitting a petition for
waiver to file an application for interim waiver of the applicable test
procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary
will grant an interim waiver if it is determined that the applicant
will experience economic hardship if the application for interim waiver
is denied, if it appears likely that the petition for waiver will be
granted, and/or the Assistant Secretary determines that it would be
desirable for public policy reasons to grant immediate relief pending a
determination of the petition for waiver. 10 CFR 430.401(e)(3). An
interim waiver remains in effect for 180 days or until DOE issues its
determination on the petition for waiver, whichever is sooner. DOE may
extend an interim waiver for an additional 180 days. 10 CFR
430.401(e)(4).
II. Application for Interim Waiver and Petition for Waiver
On January 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, as well as an
application for interim waiver. 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 seeks a waiver and interim waiver from the applicable test
procedure under 10 CFR 431.64 on the grounds that its commercial
freezers contain design characteristics that prevent testing according
to the current DOE test procedure. Specifically, Hussmann asserts that
particular basic models of freezers are not able to operate at the
specified integrated average temperature of 0[emsp14][deg]F, which is
required for testing and rating purposes. Instead, Hussmann asserts
that the equipment can only operate from 8-18[emsp14][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[emsp14][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
[[Page 25736]]
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 2[emsp14][deg]F and could not be tested
at the rating temperature (i.e., integrated average temperature
specified by the DOE test procedure) for the given equipment class.
Further, in the final rule, DOE clarified that, for many pieces of
equipment, the lowest application product temperature that should be
used for testing will be the lowest temperature setting on the unit's
thermostat. 77 FR 10292, 10303 (February 21, 2012).
DOE agrees with 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 8[emsp14][deg]F is the lowest temperature these basic models are
capable of operating would be 8[emsp14][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[emsp14][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[emsp14][deg]F.
DOE has determined that Hussmann's petition likely will be granted,
and that it is desirable for public policy reasons to grant Hussmann
relief pending a determination on the petition. DOE believes that it is
likely Hussmann's petition will be granted because the refrigerators
specified in Hussmann's petition are not able to operate at the
specified integrated average temperature of 0[emsp14][deg]F 2[emsp14][deg]F. DOE previously granted interim waivers to Hill
PHOENIX Inc. and Hussmann based on a similar issue pertaining to the
ability to test certain of their products at the specified integrated
average temperature in the DOE test procedure. (77 FR 5782, February 6,
2012 and 77 FR 4800, Jan. 31, 2012, respectively) In addition, DOE has
determined that it is desirable that the energy efficiency of this
equipment be tested and rated in a manner similar to other commercial
refrigeration equipment while DOE considers the petition for waiver. As
a result, DOE grants an interim waiver to Hussmann for the specified
models of its commercial refrigerator products. Therefore, it is
ordered that:
The application for interim waiver filed by Hussmann is hereby
granted for Hussmann's specified models of commercial freezers, subject
to the specifications and conditions below. Hussmann shall be required
to test and rate the specified basic models according to the alternate
test procedure as set forth in section III, ``Alternate test
procedure.''
The interim waiver applies to the following basic model groups:
M1XL-4GE, M1XL-6GE, M1XL-8GE, M1XL-12GE, M1XLD-4GE, M1XLD-6GE, M1XLD-
8GE, M1XLD-12GE
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. Hussmann may submit a petition for
waiver and application for interim waiver, as appropriate, for
additional models of commercial refrigerators, freezers and
refrigerator-freezers for which it seeks a waiver from the DOE test
procedure. In addition, DOE notes that grant of an interim waiver or
waiver does not release a petitioner from the certification
requirements set forth at 10 CFR part 429.
III. Alternate Test Procedure
As a condition for granting this interim waiver to Hussmann, DOE
requires Hussmann to test the commercial refrigerators specified in its
January 12, 2012 petition and listed above according to the test
procedure specified at 10 CFR 431.64, except that instead of testing at
the required integrated average temperature of 0 2[deg]F,
Hussmann shall test the specified basic models at an integrated average
temperature of 8 2[deg]F, which Hussmann indicated is the
lowest temperature at which those models can operate.
DOE notes that it has published an amended test procedure for
commercial refrigeration equipment. (77 FR 10292, Feb. 21, 2012). The
amended test procedure addresses the testing issue addressed in this
waiver, requiring products to be tested at their lowest application
product temperature. Id. Use of the amended test procedure will be
required on the compliance date of any amended standards for this
equipment.
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of Hussmann's
petition for waiver from the test procedures that apply to commercial
refrigerators, freezers and refrigerator-freezers. For the reasons
articulated above, DOE also grants Hussmann an interim waiver from
those procedures as described above. DOE is publishing Hussmann's
petition for waiver in its entirety pursuant to 10 CFR
431.401(b)(1)(iv). The petition contains no confidential information.
Furthermore, today's notice includes an alternate test procedure that
Hussmann is required to follow as a condition of its interim waiver.
DOE solicits comments from interested parties on all aspects of the
petition. Pursuant to 10 CFR 431.401(d), any person submitting written
comments must also send a copy of such comments to the petitioner. The
contact information for the petitioner is: Ron Shebik, Compliance
Manager, Hussmann Corporation, 12999 St. Charles Rock Road, Bridgeton,
MO 63044. All submissions received must include the agency name and
case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text
(American Standard Code for Information Interchange (ASCII)) file
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. DOE does not accept telefacsimiles (faxes).
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: one copy of the document including
all the information believed to be confidential, and one copy of the
document with the information believed to be confidential deleted. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Issued in Washington, DC, on April 26, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Petition for Waiver
Request for a test procedure waiver from DOE pursuant to provisions
described in 10 CFR 431.401 for the following product on the grounds of
``The prescribed test procedures may
[[Page 25737]]
evaluate the basic model in a manner so unrepresentative of its true
energy consumption characteristics as to provide materially inaccurate
comparative data.''
The design characteristics constituting the grounds for the waiver
application:
1.1 Commercial Refrigerators shown above are intended for short
term display of frozen meat (separate from a frozen food case). Food
Safety testing has shown that food spoilage microbes and pathogens
cease to grow at temperatures less than 34[deg]F.
1.2 These commercial refrigerators are typically designed to
display the meat at an Average Integrated Temperature (AIT) of
8[deg]F--18[deg]F range (The amount and method of merchandising the
food product varies which results in a wide range of AIT). This case is
designed to display frozen meat at a higher temperature than a frozen
food case (with an AIT of 0[deg]F 2[deg]F).
1.3 DOE requires testing Low Temperature commercial refrigerators
at an AIT of 0[deg]F 2[deg]F.
1.4 In order to reduce the AIT from the existing 8[deg]F-18[deg]F
range to an AIT of 0[deg]F 2[deg]F, manufacturers will
have to take the following steps:
a) Increase energy consumption to reduce the AIT.
b) Significantly change the design.
c) Use evaporator coils that consume higher amounts of refrigerant
and/or use a higher capacity coil consuming more BTU's, resulting in
higher energy consumption.
Need for the requested waiver:
1.5 It is clear that the law requires commercial refrigerators to
be tested and certified using the test procedure set forth at 10 C.F.R.
Pt 431, Subpt. C, Sec. 431.64--or be subject to a waiver--before they
are sold in commerce. But DOE's test procedure which establishes the
0[deg]F 2[deg]F AIT criteria based on the low temperature
application does not contemplate commercial refrigerators that are
designed to display frozen meat (an AIT of 8[deg]F-18[deg]F).
1.6 There is no existing DOE Test Procedure without a waiver
establishing an alternative test procedure for such products, there is
no way to know how a model of such product should be tested, whether a
model complies with the standard, and how the model's energy use
compares to others with similar features.
1.7 Testing of commercial refrigerators intended to display frozen
meat at 0[deg]F would increase the energy consumption and defeat the
intent and spirit of energy conservation set forth by DOE. (NOTE: These
cases do meet the maximum energy allowance limits set forth by DOE for
the applicable DOE Equipment Class with the current AIT of 8[deg]F-
18[deg]F range. Reducing the AIT to 0[deg]F only for test purposes will
increase the energy consumption.)
Basic Models on which the waiver is being requested:
M1XL-4GE, M1XL-6GE, M1XL-8GE, M1XL-12GE
M1XLD-4GE, M1XLD-6GE, M1XLD-8GE, M1XLD-12GE
Specific Requirements sought to be waived--Commercial Refrigerators
intended to display frozen meat shall be exempt from DOE's requirement
to test and certify in accordance with 10 C.F.R Pt 431 and be exempt
from certification, compliance and enforcement in accordance with 10
C.F.R Pt 429.
Alternate test procedures known to the petitioner to evaluate the
characteristics of the basic model in a manner representative of its
energy consumption--An alternate test temperature of 12 2
degrees Fahrenheit would be an acceptable test temperature.
Success of the application for waiver will: Ensure that the spirit
and intent of conserving energy by DOE is followed and maintained.
What economic hardship and/or competitive disadvantage are likely
to result absent a favorable determination on the Petition for Waiver--
Economic hardship will be loss of sales due to not meeting the DOE
requirements set forth. If the existing products were altered to meet
the current DOE requirements, it would add significant cost and
increase energy consumption.
Conclusion:
Hussmann Corporation seeks a waiver from DOE's current requirement
to test and certify in accordance with 10 C.F.R Pt 431 and be exempt
from certification, compliance and enforcement in accordance with 10
C.F.R Pt. 429. Such a waiver is necessary because the current
prescribed test procedures produce materially inaccurate and
unrepresentative data for regulatory and consumer information purposes.
Hussmann Corporation respectfully asks the Department of Energy to
grant a waiver from existing test standards until such time as a
representative test procedure is developed and adopted for this class
of products.
If we can provide further information, or if it would be helpful to
discuss any of these matters further, please contact Ron Shebik,
Compliance Manager, at (314) 298-6483.
Sincerely,
Ron Shebik
Compliance Manager, Hussmann Corporation
12999 St. Charles Rock Road
Bridgeton, MO 63044
Certificate:
I hereby certify that I have this day served the foregoing document
upon the following companies known to Hussmann Corporation to currently
market systems in the United States which appear to be similar to the
M1XL series & M1XLD series design:
Hill Phoenix
1003 Sigman Road
Conyers, GA 30013
Attn: Larry Howington, Engineer
Dated this 12th day of January 2012.
Ron Shebik,
Compliance Manager, Hussmann Corporation, 12999 St. Charles Rock Road,
Bridgeton, MO 63044.
Application for Interim Waiver
Request for a test procedure Interim Waiver from DOE pursuant to
provisions described in 10 CFR 431.401 for the following product on the
grounds of ``The prescribed test procedures may evaluate the basic
model in a manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data''
The design characteristics constituting the grounds for the Interim
Waiver Application:
1.1 Commercial Refrigerators shown above are intended for short
term display of frozen meat (separate from a frozen food case). Food
Safety testing has shown that food spoilage microbes and pathogens
cease to grow at temperatures less than 34[deg] F.
1.2 These commercial refrigerators are typically designed to
display the meat at an Average Integrated Temperature (AIT) of 8[deg]F-
18[deg]F range (The amount and method of merchandising the food product
varies which results in a wide range of AIT). This case is designed to
display frozen meat at a higher temperature than a frozen food case
(with an AIT of 0[deg]F 2[deg]F).
1.3 DOE requires testing Low Temperature commercial refrigerators
at an AIT of 0[deg]F 2[deg]F.
1.4 In order to reduce the AIT from the existing 8[deg]F-18[deg]F
range to an AIT of 0[deg]F 2[deg]F, manufacturers will
have to take the following steps:
a) Increase energy consumption to reduce the AIT.
b) Significantly change the design.
c) Use evaporator coils that consume higher amounts of refrigerant
and/or use a higher capacity coil consuming more BTU's, resulting in
higher energy consumption.
Need for the requested Interim Waiver:
[[Page 25738]]
1.5 It is clear that the law requires commercial refrigerators to
be tested and certified using the test procedure set forth at 10 C.F.R.
Pt 431, Subpt. C, Sec. 431.64--or be subject to a waiver--before they
are sold in commerce. But DOE's test procedure which establishes the
0[deg]F 2[deg]F AIT criteria based on the low temperature
application does not contemplate commercial refrigerators that are
designed to display frozen meat (an AIT of 8[deg]F--18[deg]F).
1.6 There is no existing DOE Test Procedure without a waiver
establishing an alternative test procedure for such products, there is
no way to know how a model of such product should be tested, whether a
model complies with the standard, and how the model's energy use
compares to others with similar features.
1.7 Testing of commercial refrigerators intended to display frozen
meat at 0[deg]F would increase the energy consumption and defeat the
intent and spirit of energy conservation set forth by DOE. (NOTE: These
cases do meet the maximum energy allowance limits set forth by DOE for
the applicable DOE Equipment Class with the current AIT of 8[deg]F-
18[deg]F range. Reducing the AIT to 0[deg]F only for test purposes will
increase the energy consumption.)
Basic Models on which the Interim Waiver is being requested:
M1XL-4GE, M1XL-6GE, M1XL-8GE, M1XL-12GE
M1XLD-4GE, M1XLD-6GE, M1XLD-8GE, M1XLD-12GE
Specific Requirements sought to be waived--Commercial Refrigerators
intended to display frozen meat shall be exempt from DOE's requirement
to test and certify in accordance with 10 C.F.R Pt 431 and be exempt
from certification, compliance and enforcement in accordance with 10
C.F.R Pt 429.
Alternate test procedures known to the petitioner to evaluate the
characteristics of the basic model in a manner representative of its
energy consumption--An alternate test temperature of 12 2 degrees Fahrenheit would be an acceptable test
temperature.
Success of the application for Interim Waiver will: Ensure that the
spirit and intent of conserving energy by DOE is followed and
maintained.
What economic hardship and/or competitive disadvantage are likely
to result absent a favorable determination on the Application for
Interim Waiver--Economic hardship will be loss of sales due to not
meeting the DOE requirements set forth. If the existing products were
altered to meet the current DOE requirements, it would add significant
cost and increase energy consumption.
Conclusion:
Hussmann Corporation seeks an Interim Waiver from DOE's current
requirement to test and certify in accordance with 10 C.F.R Pt 431 and
be exempt from certification, compliance and enforcement in accordance
with 10 C.F.R Pt. 429. Such a waiver is necessary because the current
prescribed test procedures produce materially inaccurate and
unrepresentative data for regulatory and consumer information purposes.
Hussmann Corporation respectfully asks the Department of Energy to
grant an Interim Waiver from existing test standards until such time as
a representative test procedure is developed and adopted for this class
of products.
If we can provide further information, or if it would be helpful to
discuss any of these matters further, please contact Ron Shebik,
Compliance Manager, at (314) 298-6483.
Sincerely,
Ron Shebik,
Compliance Manager, Hussmann Corporation, 12999 St. Charles Rock
Road, Bridgeton, MO 63044.
[FR Doc. 2013-10378 Filed 5-1-13; 8:45 am]
BILLING CODE 6450-01-P