Page 1 of 4 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 materia lly inaccurate comparative data” Application for Interim Waiver

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

The design characteristics constituting the grounds for the Interim Waiver Application : 1.1 Commercial Refrigerator s 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 4 1 °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 4 1 °F ~ 50°F range to an AIT of 3 8°F + 2°F, manufacture rs will have to take the following steps : a) Increase energy consumption to reduce the AIT. b) Significantly change the design . c) U se higher energy consuming components such as condensing units or increase the number of energy consuming compo nents 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 2 of 4 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 proced ure 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 w ithout 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 standa rd, 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 conservatio n 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 4 1 °F ~ 50°F range. Reducing the AIT to 38°F + 2°F only for test purposes will increase the en ergy 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 - 2 8 - 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 certif y 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: P1WPage 3 of 4 Alternate test procedures known to the petitioner to evaluate the characteristics of the basic model in a manner representative of its energy consumption – T here 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 wil l : Ensure that the spirit an d 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 du e 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 n 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 pro duce materially inaccurate and unrepresentative data for regulatory and consumer information purposes. Hussmann Corporation respectfully asks the Department of Energy to grant a n Interim W aiver from existing test standards until such time as a representa tive 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 63044Page 4 of 4 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 L eonard , Project Engineer Dated this 7 th day of December 2011 . Ron Shebik Compliance Manager Hussmann Corporation 12999 St. Charles Rock Road Bridgeton, MO 63044