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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 evaluate the basic

model in a manner so unrepresentative of its true energy consumption characteristics as to provide

materially inaccurate comparative data”

COMMERCIAL REFRIGERATOR FOR DISPLAYING FROZEN MEAT

       

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° F.  

1.2 These commercial refrigerators are typically designed to display the meat at an Average

Integrated Temperature (AIT) of 8°F – 18°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°F + 2°F).

1.3 DOE requires testing Low Temperature commercial refrigerators at an AIT of 0°F + 2°F.  

1.4 In order to reduce the AIT from the existing 8°F – 18°F range to an AIT of 0°F + 2°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.

   
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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°F + 2°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°F – 18°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°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°F – 18°F range. Reducing the AIT to

0°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.   

List of manufacturers of all other basic models marketed in the United States and known to the

petitioner to incorporate similar design characteristic(s) –  

Manufacturer: Hill Phoenix Models:  OMZ‐4, OMZ‐6, OMZ‐8,  OMZ‐12

   
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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

   
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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