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Request for a test procedure Interim 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”

Application for Interim Waiver

 

COMMERCIAL REFRIGERATOR FOR HOLDING BULK PRODUCE (WHOLE UNCUT FRUITS and/or VEGETABLES)

The design characteristics constituting the grounds for the Interim Waiver Application:

1.1 Commercial Refrigerators shown above are intended to hold and display bulk produce (whole, 

uncut fresh fruits and/or vegetables). 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) of 41°F ~ 50°F range (The amount and method of merchandising

the food product varies which results in a wide range of AIT). Whole, uncut fresh 

fruits/vegetables are not considered to be potentially hazardous foods by the FDA and therefore 

do not require time/temperature control for safety of the 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 of 38°F + 2°F. 

1.4 In order to reduce the AIT from the existing 41°F ~ 50°F range to an AIT of 38°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 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.
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Need for the requested Interim 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 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, uncut fresh fruits and/or vegetables).

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 hold and/or display bulk produce 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 41°F ~ 50°F range. Reducing 

the AIT to 38°F + 2°F only for test purposes will increase the energy consumption.)

Basic Models on which the Interim Waiver is being requested:

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

Specific Requirements sought to be waived – Commercial Refrigerators intended to hold and/or display 

bulk produce (whole, uncut fresh fruits and/or vegetables) 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: OEP, O3IP, and OIP

Manufacturer: Kysor Warren Models: P1W
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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 – There are no alternative test procedures

known to Hussmann Corporation that could evaluate these products in a representative manner.

Success of the application for Interim Waiver will: Ensure that the spirit and intent of conserving energy 

by DOE is followed and maintained.

What economic hardship and/or competitive disadvantage is likely to result absent a favorable 

determination on the Application for Interim 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 an Interim 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 an Interim 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 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 2011.

Ron Shebik

Compliance Manager

Hussmann Corporation

12999 St. Charles Rock Road

Bridgeton, MO 63044