72072 Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices 

needed, and completing and reviewing 

the collection of information. Send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including 

suggestions for reducing this burden, to 

Office of the Chief Information Officer, 

Records Management Division, IM–23, 

Paperwork Reduction Project (1910– 

5173), U.S. Department of Energy, 1000 

Independence Ave. SW., Washington, 

DC 20585–1290; and to the Office of 

Management and Budget (OMB), Office 

of Information and Regulatory Affairs 

(OIRA), Paperwork Reduction Project 

(1910–5173), Washington, DC 20503. 

Issued in Washington, DC, on November 

22, 2013. 

Anne Harrington, 

Deputy Administrator for Defense Nuclear 

Nonproliferation. 

[FR Doc. 2013–28770 Filed 11–29–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Proposed Subsequent Arrangement 

AGENCY: Office of Nonproliferation and 

International Security, Department of 

Energy. 

ACTION: Proposed subsequent 

arrangement. 

SUMMARY: This notice is being issued 

under the authority of section 131a. of 

the Atomic Energy Act of 1954, as 

amended. The Department is providing 

notice of a proposed subsequent 

arrangement under Article X paragraph 

3 of the Agreement for Cooperation 

Between the Government of the United 

States of America and the Government 

of the Republic of Korea Concerning 

Civil Uses of Atomic Energy and the 

Agreement for Cooperation in the 

Peaceful Uses of Nuclear Energy 

Between the United States of America 

and the European Atomic Energy 

Community. 

DATES: This subsequent arrangement 

will take effect no sooner than 

December 17, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Sean Oehlbert, Office of 

Nonproliferation and International 

Security, National Nuclear Security 

Administration, Department of Energy. 

Telephone: 202–586–3806 or email: 

Sean.Oehlbert@nnsa.doe.gov. 

SUPPLEMENTARY INFORMATION: This 

subsequent arrangement concerns the 

retransfer of 1,860 g of U.S.-origin 

atomized low-enriched uranium-7wt. % 

molybdenum powder, containing 

365.638 g in the isotope uranium-235, 

19.658 percent enrichment, from the 

Korea Atomic Energy Research Institute 

(KAERI) in Daejeon, South Korea, to the 

Belgian Nuclear Research Centre 

(SCK•CEN) in Mol, Belgium. The 

material, which is located at and was 

prepared by KAERI, will be used for the 

irradiation test of full-size fuel plates in 

the BR–2 research reactor by SCK•CEN 

in cooperation with the Global Threat 

Reduction Initiative program. KAERI 

originally obtained the material from the 

U.S. Department of Energy/National 

Nuclear Security Administration Y–12 

National Security Complex pursuant to 

export license XSNM3613. 

In accordance with section 131a. of 

the Atomic Energy Act of 1954, as 

amended, it has been determined that 

this subsequent arrangement concerning 

the retransfer of nuclear material of 

United States origin will not be inimical 

to the common defense and security of 

the United States. 

Dated: November 12, 2013. 

For the Department of Energy. 

Anne M. Harrington, 

Deputy Administrator, Defense Nuclear 

Nonproliferation. 

[FR Doc. 2013–28769 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–003] 

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. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CR–003) 

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 freezers 

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 0 °F ± 2 °F. 

Under today’s decision and order, 

Hussmann shall be required to test and 

rate the commercial freezers specified in 

the petition 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. 

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 Hussmann a waiver 

for the commercial refrigerators 

specified in its petition submitted on 

January 12, 2012. 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 November 

25, 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– 

003). 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices 72073 

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, 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 January 12, 2012, 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 

for short term display of frozen meat 

(separate from a frozen food case). This 

equipment is classified as a commercial 

freezer with a remote condensing unit 

designed for low temperature 

applications (category (ix)) 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.’’ 

Hussmann sought 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 particular basic models are 

not able to operate at the specified 

integrated average temperature of 0 °F, 

which is required for testing and rating 

purposes. Instead, Hussmann asserts 

that the equipment can only operate 

from 8–18 °F. Consequently, Hussmann 

requested that DOE grant a waiver from 

the applicable test procedure, allowing 

the specified products to be tested at an 

integrated average temperature of 12 °F, 

which Hussmann asserts is an 

acceptable temperature at which to test 

the specified basic models. 

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 ± °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 

(February 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 freezers 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 8 °F. In light of this and DOE’s 

position in the February 2012 final rule, 

DOE has concluded that Hussmann’s 

request to test these basic models of 

commercial freezers at an integrated 

average temperature of 12 °F is 

inappropriate. Instead, DOE has 

determined that the basic models of 

commercial freezers 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 8 °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 


emcdonald on DSK67QTVN1PROD with NOTICES
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