[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Pages 79685-79687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31316]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CR-002]


Decision and Order Granting a Waiver to Hussmann From the 
Department of Energy Commercial Refrigerator, Freezer and Refrigerator-
Freezer Test Procedure

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

ACTION: Decision and Order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. CR-002) that grants to Hussmann 
Corporation (Hussmann) a waiver from the U.S. Department of Energy 
(DOE) test procedure for determining the energy consumption of its 
commercial refrigerators for the basic models set forth in its petition 
for waiver (petition). Hussmann claims in its petition that the 
specified basic models cannot be tested in accordance with the DOE test 
procedure for commercial refrigeration equipment because the equipment 
cannot operate at the specified integrated average product temperature 
of 38 [deg]F  2 [deg]F. Under today's decision and order, 
Hussmann shall be required to test and rate the commercial 
refrigerators specified in the petition at the lowest integrated 
average temperature at which the refrigerators can operate of 41 [deg]F 
 2 [deg]F, which is consistent with the lowest application 
product temperature provision in the DOE test procedure.

DATES: This Decision and Order is effective December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Office, Mail Stop EE-5B, 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: mailto:[email protected].

SUPPLEMENTARY INFORMATION: DOE issues notice of this Decision and Order 
in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 
431.401(f)(4). In this Decision and Order, DOE grants Hussmann a waiver 
for the commercial refrigerators specified in its petition submitted on 
December 7, 2011. Hussmann must test and rate this equipment at the 
lowest integrated average temperature at which the commercial 
refrigerators can operate, which is consistent with the lowest 
application product temperature provision in the DOE test procedure at 
10 CFR 431.64(b)(3)(A).
    Today's decision requires Hussmann to make representations 
concerning the energy efficiency of this equipment consistent with the 
provisions and restrictions of the alternate test procedure in the 
Decision and Order below, and the representations must fairly disclose 
the test results. (42 U.S.C. 6314(d)) The same standard applies to 
distributors, retailers, and private labelers when making 
representations of the energy efficiency of this equipment.

    Issued in Washington, DC, on December 23, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Hussmann Corporation (Hussmann) (Case No. CR-
002).

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), 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 343(a)(6)(C) of EPCA directs DOE to develop test procedures 
to establish the appropriate rating temperatures for products for which 
standards will be established under section 343(a)(6), including (1) 
ice-cream freezers; (2) commercial refrigerators, freezers, and 
refrigerator-freezers with a self-contained condensing unit without 
doors; and (3) commercial refrigerators, freezers, and refrigerator-
freezers with a remote condensing unit. Other provisions of section 
343(a)(6) provide DOE with additional authority to establish and amend 
test procedures for commercial refrigeration equipment. (42 U.S.C. 
6314(a)(6)(C)) On December 8, 2006, DOE published a final rule adopting 
test procedures for commercial refrigeration equipment. 71 FR 71340. 
Title 10 of the Code of Federal Regulations (10 CFR) 431.64 directs 
manufacturers of commercial refrigerators, freezers and refrigerator-
freezers to use certain sections of Air-Conditioning and Refrigeration 
Institute (ARI) Standard 1200-2006, ``Performance Rating of Commercial 
Refrigerated Display

[[Page 79686]]

Merchandisers and Storage Cabinets'' when measuring the energy 
consumption of this equipment. On January 9, 2009, DOE established 
energy conservation standards for certain classes of commercial 
refrigerators, effective January 1, 2012, and provided that the test 
procedures at 10 CFR 431.64 apply to that equipment. 74 FR 1092, 96. 
The basic models included in Hussmann's petition are subject to the 
applicable standards established in that rulemaking and are therefore 
required to be tested and rated according to the prescribed DOE test 
procedure as of January 1, 2012.
    DOE's regulations for covered products and equipment permit a 
person to seek a waiver from the test procedure requirements for 
covered commercial equipment if at least one of the following 
conditions is met: (1) The petitioner's basic model contains one or 
more design characteristics that prevent testing according to the 
prescribed test procedures; or (2) the prescribed test procedures may 
evaluate the basic model in a manner so unrepresentative of its true 
energy consumption as to provide materially inaccurate comparative 
data. 10 CFR 431.401(a)(1). Petitioners must include in their petition 
any alternate test procedures known to the petitioner to evaluate the 
basic model in a manner representative of its energy consumption. The 
Assistant Secretary for Energy Efficiency and Renewable Energy 
(Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 431.401(f)(4). 
Waivers remain in effect according to the provisions of 10 CFR 
431.401(g).

II. Hussmann's Petition for Waiver: Assertions and Determinations

    On December 7, 2011, Hussmann submitted a petition for waiver from 
the DOE test procedure applicable to commercial refrigerators, freezers 
and refrigerator-freezers set forth in 10 CFR 431.64. Hussmann 
requested the waiver for its commercial refrigerators intended to hold 
and display bulk produce (whole, uncut fresh fruits and/or vegetables). 
These refrigerators are manufactured in both ``remote'' and ``self-
contained'' versions. This equipment is classified as either 
``commercial refrigerator, freezer, and refrigerator-freezer with a 
self-contained condensing unit and without doors'' (category (viii) in 
the table listing some of the applicable test procedure requirements at 
10 CFR 431.64(b)(2)) or ``commercial refrigerator, freezer, and 
refrigerator-freezer with a remote condensing unit'' (category (ix) of 
the above table). The applicable test procedure for this equipment is 
specified in 10 CFR 431.64(b), which incorporates by reference ARI 
Standard 1200-2006.
    Hussmann seeks a waiver from the applicable test procedure under 10 
CFR 431.64 on the grounds that its commercial refrigerators contain 
design characteristics that prevent testing according to the current 
DOE test procedure. Specifically, Hussmann asserts that the 
refrigerators are not able to operate at the specified integrated 
average temperature of 38[emsp14][deg]F for medium temperature 
applications. Consequently, Hussmann requested that DOE grant a waiver 
from the applicable test procedure, allowing the specified products to 
be tested at 49[emsp14][deg]F.
    The Department articulated its position regarding basic models of 
commercial refrigeration equipment that are not capable of operating at 
the required integrated average temperature specified by the DOE test 
procedure in a test procedure final rule published on February 21, 
2012. 77 FR 10292. Specifically, to qualify to use the lowest 
application product temperature for a certain piece of equipment, a 
manufacturer should be confident that any case tested under that 
equipment rating could achieve the specified lowest application product 
temperature within +/- 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 (Feb. 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 refrigerators in the DOE 
test procedures given the available data. DOE has confirmed with 
Hussmann that the lowest temperature these basic models are capable of 
operating would be 41[emsp14][deg]F, however (not the 49[emsp14][deg]F 
requested by Hussmann). In light of this, DOE has determined that the 
basic models of commercial refrigerators 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 41[emsp14][deg]F.
    DOE notes that use of the amended test procedure set forth in the 
aforementioned final rule will be required on the compliance date of 
any amended standards for this equipment. (77 FR 10292, Feb. 21, 2012)

III. Conclusion

    After careful consideration of all the material that was submitted 
by Hussmann, it is ordered that:
    (1) The petition for waiver submitted by the Hussmann (Case No. CR-
002) is hereby granted as set forth in paragraphs (2), (3), (4) and 
(5).
    (2) Hussmann shall be required to test and rate the following basic 
models according to the alternate test procedure set forth in paragraph 
(3) of this section.

DBRP-03-4-R, DBRP-03-6-R, DBRP-03-8-R, DBRP-03-10-R, DBRP-03-12-R, 
DBRP-03-14-R, DBRP-03-16-R, DBRP-03-18-R, DBRP-03-20-R, DBRP-03-22-R, 
DBRP-03-24-R, DBRP-03-26-R, DBRP-03-28-R, DBRP-03-30-R, DBRP-03-32-R, 
DBRP-03-34-R, DBRP-03-36-R
DSRP-03-5-R, DSRP-03-6-R, DSRP-03-8-R, DSRP-03-10-R, DSRP-03-12-R, 
DSRP-03-14-R, DSRP-03-16-R, DSRP-03-18-R, DSRP-03-20-R, DSRP-03-22-R, 
DSRP-03-24-R, DSRP-03-26-R, DSRP-03-28-R, DSRP-03-30-R, DSRP-03-32-R, 
DSRP-03-34-R, DSRP-03-36-R
DSRPI-03-5-R, DSRPI-03-6-R, DSRPI-03-8-R, DSRPI-03-10-R, DSRPI-03-12-R, 
DSRPI-03-14-R, DSRPI-03-16-R, DSRPI-03-18-R, DSRPI-03-20-R, DSRPI-03-
22-R, DSRPI-03-24-R, DSRPI-03-26-R, DSRPI-03-28-R, DSRPI-03-30-R, 
DSRPI-03-32-R, DSRPI-03-34-R, DSRPI-03-36-R

    (3) Alternate Test Procedure. Hussmann shall test the equipment 
listed in paragraph (2) per the DOE test procedure set forth in 10 CFR 
431.64, except that instead of testing at 38 [deg]F  2 
[deg]F (as set forth in the table at 10 CFR 431.64(b)(3)), DOE requires 
Hussmann to test the commercial refrigerators specified in its January 
12, 2012 petition and listed above at an integrated average temperature 
of 41  2 [deg]F, which Hussmann confirmed is the lowest 
temperature at which those models can operate and which is consistent 
with the lowest application product temperature provision in the DOE 
test procedure.
    DOE notes that it has published an amended test procedure for 
commercial refrigeration equipment. (77 FR 10292, Feb. 21, 2012). The 
amended test procedure addresses the testing issue addressed in this 
waiver, requiring products to be tested at their lowest application 
product temperature. Id. Use of the amended test procedure will be 
required on the compliance date of any amended standards for this 
equipment.

[[Page 79687]]

    (4) Representations. In making representations about the energy 
efficiency of its refrigerated display merchandisers listed in 
paragraph (2), for compliance, marketing, or other purposes, Hussmann 
must fairly disclose the results of testing under the alternate test 
procedure specified in this waiver.
    (5) This waiver amendment shall remain in effect from the date this 
Decision and Order is issued, consistent with the provisions of 10 CFR 
431.401(g). DOE notes that it has published an amended test procedure 
for commercial refrigeration equipment. (77 FR 10292, Feb. 21, 2012). 
The amended test procedure addresses the testing issue addressed in 
this waiver, requiring products to be tested at their lowest 
application product temperature. Id. Use of the amended test procedure 
will be required on the compliance date of any amended standards for 
this equipment.
    (6) This waiver is granted for only those models specifically set 
out in Hussmann's petition, not future models that may be manufactured 
by Hussmann. Hussmann may submit a new or amended petition for waiver 
and request for grant of interim waiver, as appropriate, for additional 
models for which it seeks a waiver from the DOE test procedure. Grant 
of this waiver also does not release Hussmann from the certification 
requirements set forth at 10 CFR part 431.
    (7) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.

    Issued in Washington, DC, on December 23, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-31316 Filed 12-30-13; 8:45 am]
BILLING CODE 6450-01-P