```

[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25734-25738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10378]

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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CR-003]

Notice of Petition for Waiver of Hussmann From the Department of 
Energy Commercial Refrigerator, Freezer and Refrigerator-Freezer Test 
Procedure, and Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver, notice of grant of interim 
waiver, and request for comments.

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

SUMMARY: This notice announces receipt of and publishes a petition for 
waiver and application for interim waiver from Hussmann, Inc. 
(Hussmann) (hereafter, ``petition'') from the U.S. Department of Energy 
(DOE) test procedure for determining the energy consumption of 
commercial refrigerators, freezers and refrigerator-freezers. Today's 
notice also grants an interim waiver to Hussmann from the commercial 
refrigerator, freezer and refrigerator-freezer test procedure. Through 
this notice, DOE also solicits comments with respect to the Hussmann 
petition.

DATES: DOE will accept comments, data, and information with respect to 
the Hussmann petition until June 3, 2013.

ADDRESSES: You may submit comments, identified by case number CR-003, 
by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include ``Case No. 
CR-003'' in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Please submit one signed original paper 
copy.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza SW., Washington, DC, 20024; (202) 586-2945, between 
9:00 a.m. and 4:00 p.m., Monday through Friday, except on Federal 
holidays. Available documents include the following items:

[[Page 25735]]

(1) This notice; (2) public comments received; (3) the petition for 
waiver and application for interim waiver; and (4) prior DOE 
rulemakings and waivers regarding commercial refrigeration equipment. 
Please call Ms. Brenda Edwards at the above telephone number for 
additional information.

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: AS_Waiver_Requests@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: Jennifer.Tiedeman@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

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 (``sections 6311-
6314'')), 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 6314(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 
6313(c)(4), 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 6314(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. 10 
CFR 431.401(b)(1)(iii). 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).
    The waiver process also permits parties submitting a petition for 
waiver to file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary 
will grant an interim waiver if it is determined that the applicant 
will experience economic hardship if the application for interim waiver 
is denied, if it appears likely that the petition for waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination of the petition for waiver. 10 CFR 430.401(e)(3). An 
interim waiver remains in effect for 180 days or until DOE issues its 
determination on the petition for waiver, whichever is sooner. DOE may 
extend an interim waiver for an additional 180 days. 10 CFR 
430.401(e)(4).

II. Application for Interim Waiver and Petition for Waiver

    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, as well as an 
application for interim waiver. 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 seeks a waiver and interim waiver from the applicable test 
procedure under 10 CFR 431.64 on the grounds that its commercial 
freezers contain design characteristics that prevent testing according 
to the current DOE test procedure. Specifically, Hussmann asserts that 
particular basic models of freezers are not able to operate at the 
specified integrated average temperature of 0[emsp14][deg]F, which is 
required for testing and rating purposes. Instead, Hussmann asserts 
that the equipment can only operate from 8-18[emsp14][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[emsp14][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

[[Page 25736]]

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[emsp14][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 8[emsp14][deg]F is the lowest temperature these basic models are 
capable of operating would be 8[emsp14][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[emsp14][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[emsp14][deg]F.
    DOE has determined that Hussmann's petition likely will be granted, 
and that it is desirable for public policy reasons to grant Hussmann 
relief pending a determination on the petition. DOE believes that it is 
likely Hussmann's petition will be granted because the refrigerators 
specified in Hussmann's petition are not able to operate at the 
specified integrated average temperature of 0[emsp14][deg]F  2[emsp14][deg]F. DOE previously granted interim waivers to Hill 
PHOENIX Inc. and Hussmann based on a similar issue pertaining to the 
ability to test certain of their products at the specified integrated 
average temperature in the DOE test procedure. (77 FR 5782, February 6, 
2012 and 77 FR 4800, Jan. 31, 2012, respectively) In addition, DOE has 
determined that it is desirable that the energy efficiency of this 
equipment be tested and rated in a manner similar to other commercial 
refrigeration equipment while DOE considers the petition for waiver. As 
a result, DOE grants an interim waiver to Hussmann for the specified 
models of its commercial refrigerator products. Therefore, it is 
ordered that:
    The application for interim waiver filed by Hussmann is hereby 
granted for Hussmann's specified models of commercial freezers, subject 
to the specifications and conditions below. Hussmann shall be required 
to test and rate the specified basic models according to the alternate 
test procedure as set forth in section III, ``Alternate test 
procedure.''
    The interim waiver applies to the following basic model groups: 
M1XL-4GE, M1XL-6GE, M1XL-8GE, M1XL-12GE, M1XLD-4GE, M1XLD-6GE, M1XLD-
8GE, M1XLD-12GE
    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. Hussmann may submit a petition for 
waiver and application for interim waiver, as appropriate, for 
additional models of commercial refrigerators, freezers and 
refrigerator-freezers for which it seeks a waiver from the DOE test 
procedure. In addition, DOE notes that grant of an interim waiver or 
waiver does not release a petitioner from the certification 
requirements set forth at 10 CFR part 429.

III. Alternate Test Procedure

    As a condition for granting this interim waiver to Hussmann, DOE 
requires Hussmann to test the commercial refrigerators specified in its 
January 12, 2012 petition and listed above according to the test 
procedure specified at 10 CFR 431.64, except that instead of testing at 
the required integrated average temperature of 0  2[deg]F, 
Hussmann shall test the specified basic models at an integrated average 
temperature of 8  2[deg]F, which Hussmann indicated is the 
lowest temperature at which those models can operate.
    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.

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of Hussmann's 
petition for waiver from the test procedures that apply to commercial 
refrigerators, freezers and refrigerator-freezers. For the reasons 
articulated above, DOE also grants Hussmann an interim waiver from 
those procedures as described above. DOE is publishing Hussmann's 
petition for waiver in its entirety pursuant to 10 CFR 
431.401(b)(1)(iv). The petition contains no confidential information. 
Furthermore, today's notice includes an alternate test procedure that 
Hussmann is required to follow as a condition of its interim waiver.
    DOE solicits comments from interested parties on all aspects of the 
petition. Pursuant to 10 CFR 431.401(d), any person submitting written 
comments must also send a copy of such comments to the petitioner. The 
contact information for the petitioner is: Ron Shebik, Compliance 
Manager, Hussmann Corporation, 12999 St. Charles Rock Road, Bridgeton, 
MO 63044. All submissions received must include the agency name and 
case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text 
(American Standard Code for Information Interchange (ASCII)) file 
format and avoid the use of special characters or any form of 
encryption. Wherever possible, include the electronic signature of the 
author. DOE does not accept telefacsimiles (faxes).
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.

    Issued in Washington, DC, on April 26, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Petition for Waiver

    Request for a test procedure 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

[[Page 25737]]

evaluate the basic model in a manner so unrepresentative of its true 
energy consumption characteristics as to provide materially inaccurate 
comparative data.''
    The design characteristics constituting the grounds for the waiver 
application:
    1.1 Commercial Refrigerators shown above are intended for short 
term display of frozen meat (separate from a frozen food case). Food 
Safety testing has shown that food spoilage microbes and pathogens 
cease to grow at temperatures less than 34[deg]F.
    1.2 These commercial refrigerators are typically designed to 
display the meat at an Average Integrated Temperature (AIT) of 
8[deg]F--18[deg]F range (The amount and method of merchandising the 
food product varies which results in a wide range of AIT). This case is 
designed to display frozen meat at a higher temperature than a frozen 
food case (with an AIT of 0[deg]F  2[deg]F).
    1.3 DOE requires testing Low Temperature commercial refrigerators 
at an AIT of 0[deg]F  2[deg]F.
    1.4 In order to reduce the AIT from the existing 8[deg]F-18[deg]F 
range to an AIT of 0[deg]F  2[deg]F, manufacturers will 
have to take the following steps:
    a) Increase energy consumption to reduce the AIT.
    b) Significantly change the design.
    c) Use evaporator coils that consume higher amounts of refrigerant 
and/or use a higher capacity coil consuming more BTU's, resulting in 
higher energy consumption.
    Need for the requested 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 
0[deg]F  2[deg]F AIT criteria based on the low temperature 
application does not contemplate commercial refrigerators that are 
designed to display frozen meat (an AIT of 8[deg]F-18[deg]F).
    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 display frozen 
meat at 0[deg]F 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 8[deg]F-
18[deg]F range. Reducing the AIT to 0[deg]F only for test purposes will 
increase the energy consumption.)
    Basic Models on which the waiver is being requested:

M1XL-4GE, M1XL-6GE, M1XL-8GE, M1XL-12GE
M1XLD-4GE, M1XLD-6GE, M1XLD-8GE, M1XLD-12GE

    Specific Requirements sought to be waived--Commercial Refrigerators 
intended to display frozen meat 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.
    Alternate test procedures known to the petitioner to evaluate the 
characteristics of the basic model in a manner representative of its 
energy consumption--An alternate test temperature of 12  2 
degrees Fahrenheit would be an acceptable test temperature.
    Success of the application for waiver will: Ensure that the spirit 
and intent of conserving energy by DOE is followed and maintained.
    What economic hardship and/or competitive disadvantage are likely 
to result absent a favorable determination on the Petition for 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 a 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 a 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
    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 
M1XL series & M1XLD series design:

Hill Phoenix
1003 Sigman Road
Conyers, GA 30013
Attn: Larry Howington, Engineer

    Dated this 12th day of January 2012.

Ron Shebik,
Compliance Manager, Hussmann Corporation, 12999 St. Charles Rock Road, 
Bridgeton, MO 63044.

Application for Interim Waiver

    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''
    The design characteristics constituting the grounds for the Interim 
Waiver Application:
    1.1 Commercial Refrigerators shown above are intended for short 
term display of frozen meat (separate from a frozen food case). Food 
Safety testing has shown that food spoilage microbes and pathogens 
cease to grow at temperatures less than 34[deg] F.
    1.2 These commercial refrigerators are typically designed to 
display the meat at an Average Integrated Temperature (AIT) of 8[deg]F-
18[deg]F range (The amount and method of merchandising the food product 
varies which results in a wide range of AIT). This case is designed to 
display frozen meat at a higher temperature than a frozen food case 
(with an AIT of 0[deg]F  2[deg]F).
    1.3 DOE requires testing Low Temperature commercial refrigerators 
at an AIT of 0[deg]F  2[deg]F.
    1.4 In order to reduce the AIT from the existing 8[deg]F-18[deg]F 
range to an AIT of 0[deg]F  2[deg]F, manufacturers will 
have to take the following steps:
    a) Increase energy consumption to reduce the AIT.
    b) Significantly change the design.
    c) Use evaporator coils that consume higher amounts of refrigerant 
and/or use a higher capacity coil consuming more BTU's, resulting in 
higher energy consumption.
    Need for the requested Interim Waiver:

[[Page 25738]]

    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 
0[deg]F  2[deg]F AIT criteria based on the low temperature 
application does not contemplate commercial refrigerators that are 
designed to display frozen meat (an AIT of 8[deg]F--18[deg]F).
    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 display frozen 
meat at 0[deg]F 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 8[deg]F-
18[deg]F range. Reducing the AIT to 0[deg]F only for test purposes will 
increase the energy consumption.)
    Basic Models on which the Interim Waiver is being requested:

M1XL-4GE, M1XL-6GE, M1XL-8GE, M1XL-12GE
M1XLD-4GE, M1XLD-6GE, M1XLD-8GE, M1XLD-12GE

    Specific Requirements sought to be waived--Commercial Refrigerators 
intended to display frozen meat 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.
    Alternate test procedures known to the petitioner to evaluate the 
characteristics of the basic model in a manner representative of its 
energy consumption--An alternate test temperature of 12  2 degrees Fahrenheit would be an acceptable test 
temperature.
    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 are 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.

[FR Doc. 2013-10378 Filed 5-1-13; 8:45 am]
BILLING CODE 6450-01-P
```