72074 Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices 

amended standards for this equipment. 

(77 FR 10292, February 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–003) 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. 

M1XL–4GE, M1XL–6GE, M1XL–8GE, 

M1XL–12GE, M1XLD–4GE, M1XLD– 

6GE, M1XLD–8GE, M1XLD–12GE 

(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 0 °F ± 

2 °F (as set forth in the table at 10 CFR 

431.64(b)(3)), DOE requires Hussmann 

to test and rate the commercial freezers 

specified in its January 12, 2012 petition 

and listed above at their lowest 

integrated average temperature of ¥8 ± 

2 °F, which DOE 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. 

(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 November 

25, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–28772 Filed 11–29–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CR–005] 

Decision and Order Granting a Waiver 

to Felix Storch, Inc. (FSI) From the 

Department of Energy Commercial 

Refrigerator, Freezer and RefrigeratorFreezer Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CR–005) 

that grants Felix Storch, Inc. (FSI) a 

waiver from the DOE test procedures for 

determining the energy consumption of 

its commercial ice cream freezers for the 

basic models set forth in its petition for 

waiver (petition). FSI claims in its 

petition that the specified basic models 

cannot be tested in accordance with the 

DOE test procedure for commercial ice 

cream freezer equipment because the 

equipment cannot operate at the 

integrated average product temperature 

of ¥15 ± 2 °F, specified in DOE’s test 

procedures. Under today’s decision and 

order, FSI shall be required to test and 

rate the commercial ice cream freezers 

specified in the petition at the lowest 

integrated average temperature of 

¥8 ± 2 °F, which DOE 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 procedures. 

DATES: This Decision and Order is 

effective December 2, 2013. 

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: 

Bryan.Berringer@ee.doe.gov. 

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:Jennifer.Tiedeman@

hq.doe.gov. 

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 FSI a waiver for the 

commercial ice cream refrigerators 

specified in its petition submitted on 

January 31, 2013. FSI must test and rate 

this equipment at the lowest integrated 

average temperature of ¥8 ± 2 °F, 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 FSI 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 November 

25, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: Felix Storch, Inc. 

(FSI) (Case No. CR–005). 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices 72075 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

I. Background and Authority 

Title III, Part C of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Pub. L. 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)) 

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) Icecream freezers; (2) commercial 

refrigerators, freezers, and refrigeratorfreezers 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 

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. The basic models included in 

FSI’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). 

II. FSI’s Petition for Waiver: Assertions 

and Determinations 

In its January 31, 2013 petition, FSI 

sought a waiver from the DOE test 

procedures applicable to commercial 

refrigerators, freezers and refrigeratorfreezers set forth in 10 CFR 431.64, as 

well as an application for interim 

waiver. FSI requested the waiver for 

certain basic models of its commercial 

ice cream freezers. This equipment is 

classified as a commercial ice cream 

freezer (category (vii)) 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.’’ 

FSI sought a waiver from the 

applicable test procedure under 10 CFR 

431.64 on the grounds that its 

commercial ice cream freezers contain 

design characteristics that prevent 

testing according to the current DOE test 

procedure. Specifically, FSI asserts that 

particular basic models of commercial 

ice cream freezers are not able to operate 

at the specified integrated average 

temperature of ¥5 °F ± 2 °F, which is 

required for testing and rating purposes. 

Instead, FSI asserts that the equipment 

can only operate from 0 °F to ¥5 °F. 

Consequently, FSI requested that DOE 

grant a waiver from the applicable test 

procedure, allowing the specified 

products to be tested at an integrated 

average temperature of 0 °F, which FSI 

asserts is an acceptable temperature at 

which to test the specified basic models. 

FSI further asserts that these basic 

models of commercial ice cream freezers 

are designed to maintain the frozen state 

of an already frozen product, not to 

lower the temperature of non-frozen 

products to the 0 °F to ¥5 °F operating 

temperature. 

In addition, FSI asserts that the 

commercial ice cream freezers subject to 

the petition also have significantly 

greater volumes per unit of total display 

area (TDA) than do other commercial 

freezers of a similar type and function. 

FSI believes the current method of 

measurement of TDA in the DOE test 

procedure does not provide a fair and 

accurate representation of the display 

area and, therefore, the energy use of its 

products. FSI is requesting an 

adjustment or allowance for the 

measurement of TDA. 

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 provision 

could achieve the specified lowest 

application product temperature within 

±2 °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 FSI’s assertion that 

the basic models identified in its 

petition cannot be operated at the 

associated rating conditions currently 

specified for commercial ice cream 

freezers in the DOE test procedures 

given the available data. However, when 

the temperature knob is set to the 

coldest setting as described in the 


emcdonald on DSK67QTVN1PROD with NOTICES
72076 Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices 

February 2012 final rule, DOE has 

confirmed that the corresponding 

integrated average temperature achieved 

during operation by these basic models 

is approximately ¥8 °F. In light of this 

fact and DOE’s position in the February 

2012 final rule, DOE has concluded that 

FSI’s request to test these basic models 

of commercial ice cream freezers at an 

integrated average temperature of 0 °F is 

inappropriate. Instead, DOE has 

determined that the basic models of 

commercial ice cream freezers listed in 

FSI’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 ± 2 °F. 

DOE rejects FSI’s request regarding 

the use of an alternative calculation and 

use an adjustment to the TDA metric to 

characterize the display area of the 

commercial ice cream freezer. During 

the previous rulemaking considering 

energy conservation standards for 

commercial refrigeration equipment, 

TDA was chosen as the display metric 

because DOE found through its own 

investigation and research and after 

receiving public comment on the issue 

that it is most representative of the heat 

loads that define the performance of 

transparent-door equipment—namely 

radiation and conduction through glass 

doors. 74 FR 1092 (Jan. 9, 2009). 

Additionally, since commercial ice 

cream freezers are used for 

merchandising in the retail 

environment, ‘‘face area’’ (or area of 

visible product), which is analogous to 

TDA, is often used by retailers as the 

metric of equipment capacity. In the 

ongoing rulemaking it was reconfirmed 

that TDA should be the metric of choice. 

Consequently, DOE does not believe 

that the commercial ice cream freezers 

described in the petition contain design 

characteristics that make the methods of 

determination and the TDA metric 

unrepresentative and is denying this 

portion of the petition. 

DOE received three comments 

following publication of FSI’s notice of 

petition for waiver, notice granting 

interim waiver, and request for 

comments. 78 FR 26006 (May 3, 2013) 

One comment from FSI stated that the 

company disagrees with DOE’s 

requirement that testing be conducted at 

an integrated average temperature of ¥8 

± 2 °F, as well as the use of total display 

area (TDA). Instead, FSI requested the 

use of an integrated average temperature 

of ¥5 ± 2 °F and an adjustment factor 

to accommodate for the extra volume 

not considered by DOE’s TDA-based 

procedures. The two other comments 

DOE received were from Elcold Frysere 

Hobro ApS and Vestfrost Solutions, 

manufacturers that build the freezers 

described in FSI’s petition. Both of these 

commenters stated that the freezers 

should be tested at an average operating 

temperature of 0 °F and that testing at 

¥8 °F, as specified in the interim 

waiver, would cause the compressor to 

not cycle and would not be 

representative of typical use. Further, 

the commenters objected to the fact that 

DOE’s conclusion was based on only 

one test by a contracting laboratory. 

As stated in the notice granting FSI an 

interim waiver (May 3, 2013, 78 FR 

26006), DOE agrees with FSI’s assertion 

that the basic models identified in its 

petition cannot be operated at the 

associated rating conditions currently 

specified for commercial ice cream 

freezers in the DOE test procedures 

given the available data. However, when 

the temperature knob is set to the 

coldest setting as described in the 

February 2012 final rule, DOE has 

confirmed that the corresponding 

integrated average temperature achieved 

during operation by these basic models 

is approximately ¥8 °F. In light of this 

fact and DOE’s position in the February 

2012 final rule, DOE has concluded that 

FSI’s request to test these basic models 

of commercial ice cream freezers at an 

integrated average temperature of 0 °F or 

¥5 °F is inappropriate. FSI has not 

provided any information (i.e., test data) 

showing that ¥5 °F (or 0 °F) is the 

coldest temperature at which its 

equipment can operate. On the other 

hand, DOE test data demonstrate that 

the minimum operating temperature of 

the equipment is ¥8 °F. Neither FSI nor 

other commenters have claimed that 

DOE tested defective units or that FSI 

has modified its control strategy. Absent 

any other information, DOE must rely 

on the data that it has obtained through 

testing of units. Therefore, DOE has 

determined that the basic models of 

commercial ice cream freezers listed in 

FSI’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 ± 2 °F. 

DOE rejects FSI’s request regarding 

the use of an alternative calculation and 

use of an adjustment to the TDA metric 

to characterize the display area of the 

commercial ice cream freezer. During 

the previous rulemaking considering 

energy conservation standards for 

commercial refrigeration equipment, 

TDA was chosen as the display metric 

because DOE found, through its own 

investigation and research and after 

receiving public comment on the issue, 

that it is most representative of the heat 

loads that define the performance of 

transparent-door equipment—namely 

radiation and conduction through glass 

doors. 74 FR 1092 (Jan. 9, 2009). 

Additionally, since commercial ice 

cream freezers are used for 

merchandising in the retail 

environment, ‘‘face area’’ (or area of 

visible product), which is analogous to 

TDA, is often used by retailers as the 

metric of equipment capacity. In the 

ongoing rulemaking, DOE has 

reconfirmed TDA as the metric of choice 

for commercial refrigeration equipment. 

78 FR 55890 (Sept. 11, 2013). 

Consequently, DOE is not swayed by 

FSI’s argument and does not believe that 

the commercial ice cream freezers 

described in the petition contain design 

characteristics that make the methods of 

determination and the TDA metric 

unrepresentative, and is denying this 

portion of the petition. 

III. Conclusion 

After careful consideration of all the 

material that was submitted by FSI and 

the additional comments received, it is 

ordered that: 

(1) The petition for waiver submitted 

by the FSI (Case No. CR–005) is hereby 

granted as set forth in paragraphs (2), 

(3), (4), and (5). 

(2) FSI 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. 

SCF694, SCF695S, SCF1094, SCF1095S, 

SCF1494, SCF1495S, SCF1694, 

SCF1695S, SCF1894, SCF1895S, 

SCF630, SCF940, SCF1310, SF1710. 

(3) Alternate Test Procedure. FSI shall 

test the equipment listed in paragraph 

(2) according to the DOE test procedure 

set forth in 10 CFR 431.64, except that 

instead of testing at ¥15 °F ± 2 °F (as 

set forth in the table at 10 CFR 

431.64(b)(3)), DOE requires FSI to test 

the commercial ice cream freezers 

specified in its January 31, 2013 petition 

and listed above according to the test 

procedure specified at 10 CFR 431.64, 

FSI shall test the specified basic models 

at an integrated average temperature of 

¥8 ± 2 °F, which DOE has determined 

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. 

(4) Representations. In making 

representations about the energy 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices 72077 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

efficiency of its commercial ice cream 

freezers listed in paragraph (2), for 

compliance, marketing, or other 

purposes, FSI 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 

FSI’s petition, not future models that 

may be manufactured by FSI. FSI 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 FSI 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 November 

25, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–28764 Filed 11–29–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Docket No. EERE–2013–BT–DET–0017] 

Energy Efficiency Program for 

Industrial Equipment: Final 

Determination Classifying UL 

Verification Services Inc. as a 

Nationally Recognized Certification 

Program for Small Electric Motors 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of final determination. 

SUMMARY: This notice announces a final 

determination by the U.S. Department of 

Energy (DOE) classifying UL 

Verification Services (UL) as a 

nationally recognized certification 

program under 10 CFR 431.447 and 

431.448. 

DATES: This final determination is 

effective December 2, 2013. 

ADDRESSES: The docket for this matter is 

available for review at 

www.regulations.gov, including Federal 

Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

A link to the docket Web page can be 

found at: http://www.regulations.gov/

#!searchResults;rpp=25;po=0;s=EERE2013-BT-DET-0017;fp=true;ns=true. 

This Web page contains a link to the 

docket for this matter on the 

www.regulations.gov site. The 

www.regulations.gov Web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Lucas Adin, U.S. Department of Energy, 

Building Technologies Office, Mail Stop 

EE–2J, Forrestal Building, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1317. Email: 

Lucas.Adin@ee.doe.gov. 

Mr. Michael Kido, 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) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Part C of Title III of the Energy Policy 

and Conservation Act contains energy 

conservation requirements for, among 

other things, electric motors and small 

electric motors, including test 

procedures, energy efficiency standards, 

and compliance certification 

requirements. 42 U.S.C. 6311–6316.1

Section 345(c) of EPCA directs the 

Secretary of Energy to require 

manufacturers of electric motors ’’to 

certify through an independent testing 

or certification program nationally 

recognized in the United States, that 

[each electric motor subject to EPCA 

efficiency standards] meets the 

applicable standard.’’ 42 U.S.C. 6316(c). 

Regulations to implement this 

statutory directive are codified in Title 

10 of the Code of Federal Regulations 

Part 431 (10 CFR Part 431) at sections 

431.36, Compliance Certification, 

431.20, Department of Energy 

recognition of nationally recognized 

certification programs, and 431.21, 

Procedures for recognition and 

withdrawal of recognition of 

accreditation bodies and certification 

programs. Sections 431.20 and 431.21 

set forth the criteria and procedures for 

national recognition of an energy 

efficiency certification program for 

electric motors by DOE. With the 

support of a variety of interests, 

including industry and energy 

efficiency advocacy groups, DOE 

published a final rule on May 4, 2012, 

that established requirements for small 

electric motors that are essentially 

identical to the criteria and procedures 

for national recognition of an energy 

efficiency certification program for 

electric motors. See 77 FR 26608, 26629 

(codifying provisions parallel to electric 

motors for small electric motors at 10 

CFR 431.447 and 431.448). 

For a certification program to be 

classified by the DOE as being 

nationally recognized in the United 

States for the testing and certification of 

small electric motors, the organization 

operating the program must submit a 

petition to the Department requesting 

such classification, in accordance with 

sections 431.447 and 431.448. In sum, 

for the Department to grant such a 

petition, the certification program must: 

(1) Have satisfactory standards and 

procedures for conducting and 

administering a certification system, 

and for granting a certificate of 


emcdonald on DSK67QTVN1PROD with NOTICES