[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5782-5784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2563]



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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CR-001]


Notice of Petition for Waiver of Hill PHOENIX From the Department 
of Energy Commercial Refrigerator, Freezer and Refrigerator-Freezer 
Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver and request for comments.

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SUMMARY: This notice announces receipt of and publishes the Hill 
PHOENIX Inc. (Hill PHOENIX) petition for waiver (hereafter, 
``petition'') from the U.S. Department of Energy (DOE) test procedure 
for determining the energy consumption of commercial refrigerators, 
freezers and refrigerator-freezers. Through this notice, DOE also 
solicits comments with respect to the Hill PHOENIX petition.

DATES: DOE will accept comments, data, and information with respect to 
the Hill PHOENIX petition until March 7, 2012.

ADDRESSES: You may submit comments, identified by case number CR-001, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include ``Case No. 
CR-001'' 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 a.m. and 4 p.m., Monday through Friday, except on Federal holidays. 
Available documents include the following items: (1) This notice; (2) 
public comments received; (3) the petition for waiver; and (4) DOE 
rulemakings and waivers regarding commercial refrigeration equipment. 
Please call Ms. Brenda Edwards at the above telephone number for 
additional information.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: [email protected].
Ms. Elizabeth Kohl, 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) 586-7796. Email: 
mailto: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances. 
Part B includes definitions, test procedures, labeling provisions, 
energy conservation standards, and the authority to require information 
and reports from manufacturers. Further, Part B authorizes the 
Secretary of Energy to prescribe test procedures that are reasonably 
designed to produce results which measure energy efficiency, energy 
use, or estimated operating costs, and that are not unduly burdensome 
to conduct. (42 U.S.C. 6293(b)(3)). Part C of Title III provides for a 
similar energy efficiency program titled ``Certain Industrial 
Equipment,'' which includes commercial refrigerators, freezers and 
refrigerator-freezers and other types of commercial equipment.\1\ (42 
U.S.C. 6311-6317)
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Parts B and C were re-designated as Parts A and A-1, respectively.
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    Section 343(a)(6)(C) of EPCA (42 U.S.C. 6314(a)(6)(C)) directs DOE 
to develop test procedures to establish the appropriate rating 
temperatures for products for which standards will be established under 
section 342(c)(4), i.e., (1) ice-cream freezers; (2) commercial 
refrigerators, freezers, and refrigerator-freezers with a self-
contained condensing unit without doors; and (3) commercial 
refrigerators, freezers, and refrigerator-freezers with a remote 
condensing unit. Other provisions of section 343(a)(6) provide DOE with 
additional authority to establish and amend test procedures for 
commercial refrigeration equipment. On December 8, 2006, DOE published 
a final rule adopting test procedures for commercial refrigeration 
equipment, effective January 8, 2007. 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 
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 those 
products. DOE established energy conservation standards for certain 
classes of commercial refrigerators effective January 1, 2012 (74 FR 
1092, Jan. 9, 2009). The basic models included in Hill PHOENIX'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, AHRI 1200-2006, as of January 1, 
2012.
    The regulations set forth in 10 CFR part 431.401 contain provisions 
that enable a person to seek a waiver from the test procedure 
requirements for covered products. The Assistant Secretary for Energy 
Efficiency and Renewable Energy (the Assistant Secretary) will grant a 
waiver if it is determined that the basic model for which the petition 
for waiver was submitted contains one or more design characteristics 
that prevents testing of the basic model according to the prescribed 
test procedures, or if 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. 10 CFR 431.401(f)(4). 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 430.401(b)(1)(iii). The Assistant Secretary may 
grant the waiver subject to conditions, including adherence to 
alternate test procedures. 10 CFR 431.401(f)(4). Waivers remain in 
effect pursuant to the provisions of 10 CFR 430.401(g).

II. Petition for Waiver

    On December 1, 2011, Hill PHOENIX 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. Hill 
PHOENIX requested the waiver for its refrigerated display merchandisers 
designed to display only non-perishable products refrigerated for

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customer convenience. This equipment is classified as commercial 
refrigerator, freezer, and refrigerator-freezer with a self-contained 
condensing unit and without doors (category viii of the applicable test 
procedure requirement set forth in the table at 10 CFR 431.64(b)(2)). 
The applicable test procedure for this equipment is ARI 1200-2006. 
Manufacturers are directed to use this test procedure pursuant to 10 
CFR 431.64.
    Hill PHOENIX seeks a waiver from the applicable test procedures 
under 10 CFR 431.64 on the grounds that its refrigerated display 
merchandisers contain design characteristics that prevent testing 
according to the current DOE test procedure. Specifically, Hill PHOENIX 
asserts that the merchandisers are not able to operate at the specified 
integrated average temperature of 38[emsp14][deg]F. Consequently, Hill 
PHOENIX requested that DOE grant a waiver from the applicable test 
procedures, allowing the specified products to be tested at 
50[emsp14][deg]F, which Hill PHOENIX asserts is the lowest product 
application temperature.
    The following basic models are included in the petition:
    FBI FT FEA NFD NFO NFT OB SF
    DOE makes decisions on waivers for only those models specifically 
set out in the petition, not future models that may be manufactured by 
the petitioner. Hill PHOENIX may submit a petition for waiver for 
additional models of commercial refrigerators, freezers and 
refrigerator-freezers for which it seeks a waiver from the DOE test 
procedure. In addition, grant of a waiver does not release a petitioner 
from the certification requirements set forth at 10 CFR part 429.

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of Hill PHOENIX's 
petition for waiver from the test procedures that apply to commercial 
refrigerators, freezers and refrigerator-freezers. DOE is publishing 
Hill PHOENIX's petition for waiver in its entirety pursuant to 10 CFR 
430.401(b)(1)(iv). The petition contains no confidential information.
    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: Arnie Stephens,
    Research and Development Manager, Barker Specialty Products by Hill 
PHOENIX, 703 Franklin Street, Keosauqua, IA 52565. All submissions 
received must include the case number for this proceeding, CR-001. 
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 January 30, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
December 1, 2011

Assistant Secretary for Energy Efficiency and Renewable Energy U.S. 
Department of Energy

    To Whom It May Concern:

Subject: Petition for Test Waiver as described in 10 CFR 431.401

    Barker Specialty Products by Hill PHOENIX has several base models 
of refrigerated display merchandisers that operate significantly higher 
than the specified application temperatures for rating merchandisers in 
accordance with 10 CFR 431.62 and 431.64. These merchandisers are 
specifically designed and produced to only display non-perishable 
products that are refrigerated for customer convenience. The product 
displayed in these merchandisers are floral, wine and bulk produce that 
is not required to be refrigerated under any current food safety 
regulation. These products are slightly chilled primarily for customer 
convenience. There is some extension of product life by displaying it 
in a chilled space but it is not a requirement.
    These merchandisers are designed specifically for these higher 
application temperatures. Many of the components in the merchandisers 
will not perform adequately at lower application temperatures. For 
example, the evaporator coils on these cases are smaller and designed 
to operate above freezing, the insulation in the case is thinner than 
what would be found in a medium temperature (38 [deg]F) application 
merchandiser, and the airflow is matched for the particular 
application. In many instances, the merchandisers do not have the 
capacity to meet the 38 [deg]F product temperature requirements. 
Requiring these merchandisers to achieve a 38 [deg]F integrated product 
temperature requires significant design changes to the merchandiser and 
results in a more expensive product. In addition, testing the 
merchandiser at the medium temperature rating is extremely 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data.
    This petition is to waive the requirement to test the merchandisers 
at the rating temperature for medium temperature of an integrated 
product temperature of 38 [deg]F. The remaining test procedures will be 
followed and the energy usage and limits will be calculated based on 
current specifications.
    1. The following basic models are included in this petition:

a. FBI
b. FT
c. FEA
d. NFD
e. NFO
f. NFT
g. OB
h. SF

    2. These merchandisers are utilized only for non-perishable 
merchandise and operate at a higher product temperature than 38 [deg]F.
    3. The test procedure requires these models to be tested at the 
medium temperature application rating of 38 [deg]F. This test is not 
representative of how the merchandisers are utilized in application.
    4. Testing the merchandisers at this application rating increases 
the design and production costs of the case and is unrepresentative of 
its true energy consumption.
    5. This petition is to waive the energy usage tests being conducted 
at the medium temperature application rating of 38 [deg]F. These 
merchandisers would be tested and the energy usage recorded in 
accordance with the remaining test procedures, however the application 
temperature rating would be an integrated average temperature of 
50[deg]F.
    6. The case models above are designed and produced only for these 
higher application temperatures.
    7. While there are a limited number of other manufacturers of 
similar merchandisers, it is not known if the

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design is specific to these higher temperature applications.
    Very Respectfully,

Arnie Stephens
Research and Development Manager

[FR Doc. 2012-2563 Filed 2-3-12; 8:45 am]
BILLING CODE 6450-01-P