Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Notices 79685 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

acknowledges that the implementation 

of a comprehensive system to serve LEP 

individuals is a process and that a 

system will evolve over time as it is 

implemented and periodically 

reevaluated. As recipients take 

reasonable steps to provide meaningful 

access to federally assisted programs 

and activities for LEP persons, DoD will 

look favorably on intermediate steps 

recipients take that are consistent with 

this Guidance, and that, as part of a 

broader implementation plan or 

schedule, move their service delivery 

system toward providing full access to 

LEP persons. This does not excuse 

noncompliance but instead recognizes 

that full compliance in all areas of a 

recipient’s activities and for all potential 

language minority groups may 

reasonably require a series of 

implementing actions over a period of 

time. However, in developing any 

phased implementation schedule, DoD 

recipients should ensure that the 

provision of appropriate assistance for 

significant LEP populations or with 

respect to activities having a significant 

impact on the health, safety, legal rights, 

education, economic status, or 

livelihood of beneficiaries is addressed 

first. Recipients are encouraged to 

document their efforts to provide LEP 

persons with meaningful access to 

federally assisted programs and 

activities. 

[FR Doc. 2013–31302 Filed 12–30–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CR–002] 

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–002) 

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 

refrigerators 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 38 °F ± 2 °F. Under today’s decision 

and order, Hussmann shall be required 

to test and rate the commercial 

refrigerators specified in the petition at 

the lowest integrated average 

temperature at which the refrigerators 

can operate of 41 °F ± 2 °F, which is 

consistent with the lowest application 

product temperature provision in the 

DOE test procedure. 

DATES: This Decision and Order is 

effective December 31, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Office, 

Mail Stop EE–5B, 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 

December 7, 2011. 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 December 

23, 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– 

002). 

I. Background and Authority 

Title III, Part C of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 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 


sroberts on DSK5SPTVN1PROD with NOTICES
79686 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Notices 

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 December 7, 2011, 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 

to hold and display bulk produce 

(whole, uncut fresh fruits and/or 

vegetables). These refrigerators are 

manufactured in both ‘‘remote’’ and 

‘‘self-contained’’ versions. This 

equipment is classified as either 

‘‘commercial refrigerator, freezer, and 

refrigerator-freezer with a self-contained 

condensing unit and without doors’’ 

(category (viii) in the table listing some 

of the applicable test procedure 

requirements at 10 CFR 431.64(b)(2)) or 

‘‘commercial refrigerator, freezer, and 

refrigerator-freezer with a remote 

condensing unit’’ (category (ix) of the 

above table). The applicable test 

procedure for this equipment is 

specified in 10 CFR 431.64(b), which 

incorporates by reference ARI Standard 

1200–2006. 

Hussmann seeks 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 the refrigerators are not able 

to operate at the specified integrated 

average temperature of 38 °F for 

medium temperature applications. 

Consequently, Hussmann requested that 

DOE grant a waiver from the applicable 

test procedure, allowing the specified 

products to be tested at 49 °F. 

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 +/¥ 2 °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 (Feb. 

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 refrigerators 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 41 °F, however (not the 49 °F 

requested by Hussmann). In light of this, 

DOE has determined that the basic 

models of commercial refrigerators 

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 41 °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 

amended standards for this equipment. 

(77 FR 10292, Feb. 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–002) 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. 

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 

(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 38 °F ± 

2 °F (as set forth in the table at 10 CFR 

431.64(b)(3)), DOE requires Hussmann 

to test the commercial refrigerators 

specified in its January 12, 2012 petition 

and listed above at an integrated average 

temperature of 41 ± 2 °F, which 

Hussmann 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. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Notices 79687 

(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 December 

23, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–31316 Filed 12–30–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP14–29–000] 

Texas Eastern Transmission, LP; 

Notice of Application 

Take notice that on December 10, 

2013 Texas Eastern Transmission, LP 

(Texas Eastern), at 5400 Westheimer 

Court, Houston, Texas 77056, filed an 

application in Docket No. CP14–29–000 

pursuant to section 7(b) of the Natural 

Gas Act (NGA) and Part 157 of the 

Commission’s regulations to abandon in 

place and by sale certain pipeline 

facilities located in offshore Gulf of 

Mexico. Specifically, Texas Eastern 

proposes to abandon 29.82 miles of 20- 

inch diameter offshore lateral pipeline, 

designated as Line 41–A–6, consisting 

of 14.39 miles proposed for 

abandonment in place and 15.43 miles 

proposed for abandonment by sale. 

Texas Eastern states that there will be 

no termination or reduction in firm 

service to any existing customers after 

the proposed abandonment, all as more 

fully set forth in the application, which 

is on file with the Commission and open 

to public inspection. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive email notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please email 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Any questions regarding this 

application should be directed to Berk 

Donaldson, Director, Rates & 

Certificates, Texas Eastern 

Transmission, LP, P.O. Box 1642, 

Houston, Texas 77251, or by calling 

(713) 627- 4488 (telephone), or fax (713) 

627- 5947, or email bdonaldson@

spectraenergy.com. 

Pursuant to section 157.9 of the 

Commission’s rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: complete 

its environmental assessment (EA) and 

place it into the Commission’s public 

record (eLibrary) for this proceeding; or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or EA for this proposal. The filing of the 

EA in the Commission’s public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify federal and 

state agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

federal authorizations within 90 days of 

the date of issuance of the Commission 

staff’s FEIS or EA. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the comment date 

stated below file with the Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

7 copies of filings made in the 

proceeding with the Commission and 

must mail a copy to the applicant and 

to every other party. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 

rules require that persons filing 

comments in opposition to the project 

provide copies of their protests only to 

the party or parties directly involved in 

the protest. 

Persons who wish to comment only 

on the environmental review of this 

project should submit an original and 

two copies of their comments to the 

Secretary of the Commission. 

Environmental commentors will be 

placed on the Commission’s 

environmental mailing list, will receive 

copies of the environmental documents, 

and will be notified of meetings 

associated with the Commission’s 

environmental review process. 

Environmental commentors will not be 


sroberts on DSK5SPTVN1PROD with NOTICES