Petitionfor aWaiver Requestfor atest procedure waiverfrom DOE pursuantto provisions described in 10 CFR 431.401 for thefollowing product onthe grounds of"The prescribed test procedures mayevaluate the basic model in a manner so unrepresentative of itstrue energy consumption characteristics as to provide materially inaccurate comparative data" COMMERCIAL REFRIGERATOR FOR HOLDING BULK PRODUCE (WHOLE UNCUT FRUITS and/or VEGETABLES)

The design characteristics constitutingthe grounds forthe Petitionforthe Waiver: 1.1

.Commercial Refrigerators shown above are intended to hold and display bulk produce (whole, uncut fresh fruits and/orvegetables). These refrigerators are manufactured in both "Remote" and "Self-Contained" version. 1.2 These commercial refrigerators are typically designed to hold the produce at an Average Integrated Temperature (AIT) of41"F N SO"F range (The amount and method ofmerchandising the food productvaries which results in a wide range ofAIT). Whole, uncutfresh fruits/vegetables are not considered to be potentially hazardous foods by the FDA and therefore do not require time/temperature control for safety ofthe food. 1.3 DOE requires testing Medium Temperature commercial refrigerators at an AIT of38"F

## ±2"F. 1.4 In orderto reduce the AITfrom 41"F N SO"F range to an AIT of38"F

## ±2"F, manufacturerswill have to take the following steps: a) Increase energy consumption to reduce the AIT; b) Significantly change the design; c) Use higherenergy consuming components such as condensing units or increase the numberof energy consuming components such as condensing units; and d) Use evaporator coils thatwould consume higher amounts of refrigerant and use higher capacity coil which will consume more BTU's which translates into higher energy consumption.

Page 1 of4Need for the requested waiver: 1.5 It is clearthatthe 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 awaiverbefore they are sold in commerce. But DOE's test procedure which establishes the 3soF 

### ±2°F AIT criteria based on the medium temperature application simply does not contemplate commercial refrigerators (remote and/or self-contained) that are designed to hold and display bulk produce (whole, uncutfresh fruits and/orvegetables). 1.6 There is no existing DOE Test Procedure without a waiver establishing an alternative test procedure for such products, there is no wayto know howa model ofsuch product should be tested, whether a model complies with the standard, and howthe model's energy use compares to others with similarfeatures. 1.7 Testing ofcommercial refrigerators intended to hold and/or display bulk produce would increase the energy consumption and defeatthe intentand spirit ofenergy 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 of41°F N 50°F range. Reducing the AIT to 3soF 

### + 2°F only fortest purposes will increase the energy consumption.) Basic Modelson which the waiver is being requested: DBRP-03-4-R, DBRP-03-6-R, DBRP-03-S-R, DBRP-03-10-R, DBRP-03-12-R, DBRP-03-14-R, DBRP-03-16-R, DBRP-03-1S-R, DBRP-03-20-R, DBRP-03-22-R, DBRP-03-24-R, DBRP-03-26-R, DBRP-03-2S-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-S-R, DSRP-03-10-R, DSRP-03-12-R, DSRP-03-14-R, DSRP-03-16-R, DSRP-03-1S-R, DSRP-03-20-R, DSRP-03-22-R, DSRP-03-24-R, DSRP-03-26-R, DSRP-03-2S-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-S-R, DSRPI-03-10-R, DSRPI-03-12-R, DSRPI-03-14-R, DSRPI-03-16-R, DSRPI-03-1S-R, DSRPI-03-20-R, DSRPI-03-22-R, DSRPI-03-24-R, DSRPI-03-26-R, DSRPI-03-2S-R, DSRPI-03-30-R, DSRPI-03-32-R, DSRPI-03-34-R, DSRPI-03-36-R Specific Requirements soughtto be waived - Commercial Refrigerators intended to hold and/or display bulk produce (whole, uncutfresh fruits and/orvegetables) shall be exempt from DOE's requirement to test and certify in accordance with 10 C.F.R Pt 431 and be exemptfrom certification, compliance and enforcement in accordance with 10C.F.R Pt 429. List of manufacturers ofall other basic models marketed in the United States and known tothe petitionerto incorporate similar design characteristic(s)- Manufacturer: Hill Phoenix Models: OEP, 031P, and OIP Manufacturer: Kysor Warren Models: P1W

Page Zof4Alternate test procedures knowntothe petitionerto evaluate the characteristics ofthe basic model in a manner representative of its energy consumption - There are no alternative test procedures known to Hussmann Corporation that could evaluate these products in a representative manner.
Success ofthe PetitionforWaiverwill: Ensure thatthe spirit and intent ofconserving energy by DOE is followed and maintained.

Economic hardship and/or competitive disadvantage are likelyto result absent afavorable determination on the Application for Interim Waiver: Economic hardship will be loss ofsales due to not meeting the DOE requirements set forth. Ifthe existing products were altered to meetthe current DOE requirements, itwould add significant cost and increase energy consumption.

Conclusion: Hussmann Corporation seeks awaiverfrom DOE's current requirement to test and certify in accordance with 10 C.F.R Pt 431 and be exemptfrom certification, compliance and enforcement in accordance with 10 C.F.R Pt. 429. Such awaiver 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 waiverfrom existing test standards until such time as a representative test procedure is developed and adopted forthis class of products. Ifwe can provide further information, or if itwould be helpful to discuss any ofthese 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

Page 3 of4Certificate: 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 appearto be similarto the DBRP series and DSRPI series design: Hill Phoenix 1003 Sigman Road Conyers, GA 30013 Attn: Debbie Jones, Customer Service Kysor/Warren 5201 Transport Blvd Columbus, GA 31907 Attn: Terry Leonard, Project Engineer Dated this 7th day of December 201l. Ron Shebik

# ftJ? Compliance Manager Hussmann Corporation 12999 St. Charles Rock Road Bridgeton, MO 63044

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### Application for Interim Waiver Request for a test procedure Interim Waiverfrom DOE pursuantto provisions described in 10 CFR 431.401 forthefollowing product on the grounds of "The prescribed test procedures may evaluate the basic model in a mannerso unrepresentative ofitstrue energyconsumption characteristics as to provide materially inaccurate comparative data" COMMERCIAL REFRIGERATOR FOR HOLDING BULK PRODUCE (WHOLE UNCUT FRUITS and/orVEGETABLES)

The design characteristics constitutingthe grounds forthe InterimWaiverApplication: 1.1 Commercial Refrigerators shown above are intended to hold and display bulk produce (whole, uncut fresh fruits and/orvegetables). These refrigerators are manufactured in both "Remote" and "Self-Contained" version. 1.2 These commercial refrigerators are typically designed to hold the produce at an Average IntegratedTemperature (AIT) of41°F**~** 

### 50°F range (The amount and method ofmerchandising the food productvaries which results in awide range ofAIT). Whole, uncutfresh fruits/vegetables are not considered to be potentially hazardous foods by the FDA and therefore do not require time/temperature control for safety ofthe food. Moreover, the optimum temperature range to preserve freshness is 40°F**~** 

### 50°F. 1.3 DOE requires testing Medium Temperature commercial refrigerators at an AIT of3S0F

## ±2°F. 1.4 In orderto reduce the AIT from the existing 41°F**~** 

### 50°F range to an AIT of3S0F

### ±2°F, manufacturers will have to take the following steps: a) Increase energy consumption to reduce the AlT. b) Significantly change the design. c) Use higher energy consuming components such as condensing units or increase the number of energy consuming components such as condensing units, and d) Use evaporator coils that would consume higher amounts of refrigerant and use higher capacity coil which will consume more BTU's which translates into higher energy consumption.

Page 10f4Need forthe requested Interim Waiver: 1.5 It is clear thatthe 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 waiverbefore they are sold in commerce. But DOE's test procedure which establishes the 38°F

## ±2°F AIT criteria based on the medium temperature application simply does not contemplate commercial refrigerators (remote and/or self-contained) that are designed to hold and display bulk produce (whole, uncutfresh fruits and/orvegetables). 1.6 There is no existing DOE Test Procedure without a waiver establishing an alternative test procedure forsuch products, there is no way to know how a model ofsuch product should be tested, whether a model complies with the standard, and howthe model's energy use compares to others with similarfeatures. 1.7 Testing of commercial refrigerators intended to hold and/or display bulk produce would increase the energy consumption and defeatthe intentand spirit ofenergy conservation set forth by DOE. (NOTE: These cases do meetthe maximum energy allowance limits set forth by DOE forthe applicable DOE Equipment Class with the current AIT of41°F**~** 50°F range. Reducing the AITto 38°F 

### + 2°F only fortest purposes will increase the energy consumption.) Basic Modelson which the Interim Waiver is being requested: DBRP-03-4-R, DBRP-03-6-R, DBRP-03-8-R, DBRP-03-1O-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-03-2S-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-S-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-03-1S-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 Specific Requirements soughtto be waived - Commercial Refrigerators intended to hold and/or display bulk produce (whole, uncutfresh fruits and/orvegetables) 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 ofall other basic models marketed in the United States and known tothe petitionerto incorporatesimilar design characteristic(s)- Manufacturer: Hill Phoenix Models: OEP, 031P, and OIP Manufacturer: Kysor Warren Models: P1W

Page 2of4

### Alternate test procedures known tothe petitionerto evaluate the characteristics ofthe basic model in a manner representative ofits energy consumption - There are no alternative test procedures known to Hussmann Corporation that could evaluate these products in a representative manner.

Success ofthe application for Interim Waiverwill: Ensure thatthe spirit and intent ofconserving energy by DOE is followed and maintained.

What economic hardship and/or competitive disadvantage is likelyto result absent afavorable determination onthe Application for Interim Waiver- Economic hardship will be loss ofsales due to not meeting the DOE requirements set forth. Ifthe existing products were altered to meetthe current DOE requirements, itwould add significant cost and increase energy consumption.

Conclusion: Hussmann Corporation seeks an Interim Waiverfrom DOE's current requirement totest 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 awaiver 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 Waiverfrom existing test standards until such time as a representative test procedure is developed and adopted for this class of products. Ifwe can provide further information, or ifitwould be helpful to discuss any ofthese matters further, please contact Ron Shebik, Compliance Manager, at (314) 298-6483. Sincerely,

# IfJ~ Ron Shebik Compliance Manager, Hussmann Corporation 12999

## st. Charles Rock Road Bridgeton, MO 63044

Page 3of4

### Certificate: I herebycertify that I have this day served the foregoing document uponthe following companies known to Hussmann Corporation to currently marketsystems in the United States which appearto be similartothe DBRP series and DSRPI series design: Hill Phoenix 1003 Sigman Road Conyers, GA 30013 Attn: Debbie Jones, CustomerService Kysar/Warren 5201 Transport Blvd Columbus, GA 31907 Attn: Terry Leonard, Project Engineer Dated this 7th day of December 2011. RonShebik 

# M Compliance Manager Hussmann Corporation 12999 St. Charles Rock Road Bridgeton, MO 63044

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