25734 Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 

IV. Conclusion 

For the above reasons, GE respectfully 

requests that the Assistant Secretary 

grant the above Application for Interim 

Waiver and Petition for Waiver so that 

the Company can proceed to production 

of its new electronic-controlled 

refrigerator models listed on Attachment 

1. We requests expedited treatment of 

the Petition and Application and would 

be pleased to discuss these requests 

with DOE and provide further 

information as needed. 

We hereby certify that all 

manufacturers of domestically marketed 

units of the same product type have 

been notified by letter of this Petition 

and Application, a list of which is found 

in Attachment 2, hereto. 

Respectfully submitted, 

Earl F. Jones, 

Senior Counsel and Authorized 

Representative of GE Appliances 

Attachment 1 

CYE23T*D**** 

PYE23P*D**** 

PYE23K*D**** 

PWE23K*D**** 

[FR Doc. 2013–10401 Filed 5–1–13; 8:45 am] 

BILLING CODE 6450–01–P 

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: 


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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 25735 

1For editorial reasons, upon codification in the 

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

(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)) 

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) 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 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 °F, which is 

required for testing and rating purposes. 

Instead, Hussmann asserts that the 

equipment can only operate from 8– 

18 °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 °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 


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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 

(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 °F is the lowest temperature these 

basic models are capable of operating 

would be 8 °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 °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 °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 °F ± 2 °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°F, Hussmann shall test the specified 

basic models at an integrated average 

temperature of 8 ± 2°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 refrigeratorfreezers. 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 


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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices 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°F. 

1.2 These commercial refrigerators 

are typically designed to display the 

meat at an Average Integrated 

Temperature (AIT) of 8°F—18°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°F ± 

2°F). 

1.3 DOE requires testing Low 

Temperature commercial refrigerators at 

an AIT of 0°F ± 2°F. 

1.4 In order to reduce the AIT from 

the existing 8°F–18°F range to an AIT of 

0°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 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°F ± 2°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°F–18°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°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°F–18°F range. Reducing the AIT to 

0°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° F. 

1.2 These commercial refrigerators 

are typically designed to display the 

meat at an Average Integrated 

Temperature (AIT) of 8°F–18°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°F ± 

2°F). 

1.3 DOE requires testing Low 

Temperature commercial refrigerators at 

an AIT of 0°F ± 2°F. 

1.4 In order to reduce the AIT from 

the existing 8°F–18°F range to an AIT of 

0°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 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: 


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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°F ± 2°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°F—18°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°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°F–18°F range. Reducing the AIT to 

0°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, M1XLD8GE, 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 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER10–2794–010; 

ER10–2849–009; ER11–2028–010; 

ER12–1825–008. 

Applicants: EDF Trading North 

America, LLC, EDF Industrial Power 

Services (NY), LLC, EDF Industrial 

Power Services (IL), LLC, EDF Industrial 

Power Services (CA), LLC. 

Description: Second Supplement to 

January 8, 2013 Updated Market Power 

Analysis for the Southwest Region of 

EDF Trading North America, LLC, et al. 

Filed Date: 4/18/13. 

Accession Number: 20130418–5142. 

Comments Due: 5 p.m. ET 5/9/13. 

Docket Numbers: ER12–718–004. 

Applicants: PJM Interconnection, 

L.L.C., New York Independent System 

Operator, Inc. 

Description: Extension of Joint Waiver 

Request of PJM Interconnection, L.L.C. 

and New York Independent System 

Operator, Inc. 

Filed Date: 4/23/13. 

Accession Number: 20130423–5207. 

Comments Due: 5 p.m. ET 4/30/13. 

Docket Numbers: ER12–2627–001; 

ER10–2488–005; ER12–1931–002; 

ER10–2504–003; ER12–610–003; ER13– 

338–001. 

Applicants: Catalina Solar, LLC, Oasis 

Power Partners, LLC, Pacific Wind 

Lessee, LLC, Shiloh Wind Project 2, 

LLC, Shiloh III Lessee, LLC, Shiloh IV 

Lessee, LLC. 

Description: Second Supplement to 

December 31, 2012 Triennial Market 

Power Analysis Update of the EDF 

Renewable Energy Inc. Southwest 

Region Companies. 

Filed Date: 4/15/13. 

Accession Number: 20130415–5213. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1069–002. 

Applicants: MP2 Energy LLC. 

Description: Amendment to be 

effective 4/24/2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5001. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1322–000. 

Applicants: Consolidated Edison 

Company of New York. 

Description: PASNY Standby Filing to 

be effective 6/25/2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5000. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1323–000. 

Applicants: Southern California 

Edison Company. 

Description: Small Generator 

Interconnection Agreement with 

ClearVista Energy, LLC to be effective 

4/25/2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5002. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1324–000. 

Applicants: Duke Energy Carolinas, 

LLC. 

Description: Forest City PPA–RS 330 

Revision (2013) to be effective 7/2/2012. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5015. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1325–000. 

Applicants: Wisconsin Public Service 

Corporation, Fox Energy Company LLC. 

Description: Notice of Cancellation of 

Fox Energy MBR Tariff to be effective 

4/24/2013. 

Filed Date: 4/24/13. 

Accession Number: 20130424–5042. 

Comments Due: 5 p.m. ET 5/15/13. 

Docket Numbers: ER13–1326–000. 

Applicants: Wisconsin Public Service 

Corporation. 

Description: Notice of Succession to 

be effective 4/24/2013. 


sroberts on DSK5SPTVN1PROD with NOTICES