```

[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72072-72074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28772]

-----------------------------------------------------------------------

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 
[deg]F  2 [deg]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 [deg]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).

[[Page 72073]]

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))
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
---------------------------------------------------------------------------

    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) 
Ice-cream freezers; (2) commercial refrigerators, freezers, and 
refrigerator-freezers 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 [deg]F, which is required for testing and 
rating purposes. Instead, Hussmann asserts that the equipment can only 
operate from 8-18 [deg]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 [deg]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  [deg]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 [deg]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 [deg]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 [deg]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

[[Page 72074]]

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 [deg]F  2 
[deg]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 [deg]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
```