4800 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices 

Management Site-Specific Advisory 

Board (EM SSAB), Paducah. The 

Federal Advisory Committee Act (Pub. 

L. 92–463, 86 Stat. 770) requires that 

public notice of this meeting be 

announced in the Federal Register. 

DATES: Thursday, February 16, 2012; 

5:30 p.m. 

ADDRESSES: Barkley Centre, 111 

Memorial Drive Paducah, Kentucky 

42001. 

FOR FURTHER INFORMATION CONTACT: 

Reinhard Knerr, Deputy Designated 

Federal Officer, Department of Energy 

Paducah Site Office, Post Office Box 

1410, MS–103, Paducah, Kentucky 

42001; telephone: (270) 441–6825. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE–EM and site management in the 

areas of environmental restoration, 

waste management and related 

activities. 

Tentative Agenda 

• Call to Order, Introductions, Review 

of Agenda 

• Administrative Issues 

Æ Recommendation 12–01: Progress 

Report on Groundwater Contamination 

Æ Recommendation 12–02: Pro 

Nuclear Future Use for Paducah 

Gaseous Diffusion Plant Site 

• Public Comments 

• Adjourn 

Breaks Taken As Appropriate 

Public Participation: The EM SSAB, 

Paducah, welcomes the attendance of 

the public at its advisory committee 

meetings and will make every effort to 

accommodate persons with physical 

disabilities or special needs. If you 

require special accommodations due to 

a disability, please contact Reinhard 

Knerr as soon as possible in advance of 

the meeting at the telephone number 

listed above. Written statements may be 

filed with the Board either before or 

after the meeting. Individuals who wish 

to make oral statements pertaining to 

agenda items should contact Reinhard 

Knerr at the telephone number listed 

above. Requests must be received as 

soon as possible prior to the meeting 

and reasonable provision will be made 

to include the presentation in the 

agenda. The Deputy Designated Federal 

Officer is empowered to conduct the 

meeting in a fashion that will facilitate 

the orderly conduct of business. 

Individuals wishing to make public 

comments will each be provided a 

maximum of five minutes to present 

their comments. The EM SSAB, 

Paducah, will hear public comments 

pertaining to its scope (clean-up 

standards and environmental 

restoration; waste management and 

disposition; stabilization and 

disposition of non-stockpile nuclear 

materials; excess facilities; future land 

use and long-term stewardship; risk 

assessment and management; and cleanup science and technology activities). 

Comments outside of the scope may be 

submitted via written statement as 

directed above. 

Minutes: Minutes will be available by 

writing or calling Reinhard Knerr at the 

address and phone number listed above. 

Minutes will also be available at the 

following Web site: http:// 

www.pgdpcab.energy.gov/ 

2011Meetings.html. 

Issued at Washington, DC, on January 25, 

2012. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2012–2069 Filed 1–30–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CR–002] 

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, U.S. 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 the Hussmann Inc. 

(Hussmann) petition for waiver and 

application for interim waiver 

(hereafter, ‘‘petition’’) from the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of commercial 

refrigerators, freezers and refrigeratorfreezers. Today’s notice also grants an 

interim waiver of the commercial 

refrigerator, freezer and refrigeratorfreezer 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 March 1, 2012. 

ADDRESSES: You may submit comments, 

identified by case number CR–002, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Include ‘‘Case No. CR–002’’ 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 a.m. and 4 

p.m., Monday through Friday, except on 

Federal holidays. Available documents 

include the following items: (1) This 

notice; (2) public comments received; 

(3) the petition for waiver and 

application for interim waiver; and (4) 

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: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue 

SW. Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Ms. Elizabeth Kohl, 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) 586–7796. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances. Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices 4801 

1For editorial reasons, upon codification in the 

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

which measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)). Part C of 

Title III provides for a similar energy 

efficiency program titled ‘‘Certain 

Industrial Equipment,’’ which includes 

commercial refrigerators, freezers and 

refrigerator-freezers and other types of 

commercial equipment.1 (42 U.S.C. 

6311–6317) 

Section 343(a)(6)(C) of EPCA (42 

U.S.C. 6314(a)(6)(C)) directs DOE to 

develop test procedures to establish the 

appropriate rating temperatures for 

products for which standards will be 

established under section 342(c)(4), i.e., 

(1) ice-cream 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. On December 

8, 2006, DOE published a final rule 

adopting test procedures for commercial 

refrigeration equipment, effective 

January 8, 2007. 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 AirConditioning and Refrigeration Institute 

(ARI) Standard 1200–2006, 

‘‘Performance Rating of Commercial 

Refrigerated Display Merchandisers and 

Storage Cabinets’’ when measuring the 

energy consumption of those products. 

DOE established energy conservation 

standards for certain classes of 

commercial refrigerators effective 

January 1, 2012 (74 FR 1092, Jan. 9, 

2009). 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, AHRI 

1200–2006, as of January 1, 2012. 

The regulations set forth in 10 CFR 

part 431.401 contain provisions that 

enable a person to seek a waiver from 

the test procedure requirements for 

covered products. The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (the Assistant 

Secretary) will grant a waiver if it is 

determined that the basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevents testing of 

the basic model according to the 

prescribed test procedures, or if 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. 10 CFR 431.401(f)(4). 

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 

430.401(b)(1)(iii). The Assistant 

Secretary may grant the waiver subject 

to conditions, including adherence to 

alternate test procedures. 10 CFR 

431.401(f)(4). Waivers remain in effect 

pursuant to the provisions of 10 CFR 

430.401(g). 

The waiver process also allows the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. 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 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. These 

products are classified as commercial 

refrigerators, freezers, and refrigeratorfreezers with a self-contained 

condensing unit and without doors 

(category viii of the applicable test 

procedure requirement set forth in the 

table at 10 CFR 431.64(b)(2)) and 

commercial refrigerators, freezers, and 

refrigerator-freezers with a remote 

condensing unit (category ix of the 

above table). The applicable test 

procedure for these products is ARI 

1200–2006. Manufacturers are directed 

to use this test procedure pursuant to 10 

CFR 431.64. 

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. 

Consequently, Hussmann requested that 

DOE grant a waiver from the applicable 

test procedure, allowing the specified 

products to be tested at 49 °F, which 

Hussmann asserts is the lowest 

temperature at which the specified basic 

models can operate. 

On December 7, 2011, Hussmann also 

submitted an application for an interim 

waiver from the test procedures at 10 

CFR 431.64 for its commercial 

refrigerators. An interim waiver may be 

granted 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)). 

DOE has determined that Hussmann’s 

application for interim waiver does not 

provide sufficient market, equipment 

price, shipments, and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship Hussmann might experience 

absent a favorable determination on its 

application for an interim waiver. DOE 

has determined, however, that it is 

likely Hussmann’s petition 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 38 °F. In addition, DOE has 

determined that it is desirable that the 

energy efficiency of this equipment be 

able to 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 refrigerators, 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: 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
4802 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices 

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 

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 request 

for grant of 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, 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 

December 7, 2011 petition and listed 

above according to the specified test 

procedure, Air-Conditioning and 

Refrigeration Institute (ARI) Standard 

1200–2006, ‘‘Performance Rating of 

Commercial Refrigerated Display 

Merchandisers and Storage Cabinets,’’ 

except that instead of testing at the 

required integrated average temperature 

of 38 ± 2 °F, Hussmann shall test the 

specified basic models at an integrated 

average temperature of 49 ± 2 °F. 

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. 

DOE is publishing Hussmann’s petition 

for waiver in its entirety pursuant to 10 

CFR 430.401(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 case number for this 

proceeding, CR–002. 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 January 25, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Petition for a 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 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 Petition for the Waiver: 

1.1 Commercial Refrigerators are 

intended to hold and display bulk produce 

(whole, uncut fresh fruits and/or vegetables). 

These refrigerators are manufactured in both 

‘‘Remote’’ and ‘‘Self-Contained’’ version. 

1.2 These commercial refrigerators are 

typically designed to hold the produce at an 

Average Integrated Temperature (AIT) of 41 

°F ∼ 50 °F range (The amount and method of 

merchandising the food product varies which 

results in a wide range of AIT). Whole, uncut 

fresh fruits/vegetables are not considered to 

be potentially hazardous foods by the FDA 

and therefore do not require time/ 

temperature control for safety of the food. 

1.3 DOE requires testing Medium 

Temperature commercial refrigerators at an 

AIT of 38 °F ± 2 °F. 

1.4 In order to reduce the AIT from 

41 °F ∼ 50 °F range to an AIT of 38 °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 higher energy consuming 

components such as condensing units or 

increase the number of energy consuming 

components such as condensing units; and 

d) Use evaporator coils that would 

consume higher amounts of refrigerant and 

use higher capacity coil which will consume 

more BTU’s which translates into higher 

energy consumption. 

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 38 °F ± 2 °F AIT 

criteria based on the medium temperature 

application simply does not contemplate 

commercial refrigerators (remote and/or selfcontained) that are designed to hold and 

display bulk produce (whole, uncut fresh 

fruits and/or vegetables). 

1.6 There is no existing DOE Test 

Procedure 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 hold and/or display bulk 

produce 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 41 °F ∼ 50 °F range. Reducing 

the AIT to 38 °F + 2 °F only for test purposes 

will increase the energy consumption.) 

Basic Models on which the waiver is being 

requested: 

DBRP–03–4–R, DBRP–03–6–R, DBRP–03–8– 

R, DBRP–03–10–R, DBRP–03–12–R, DBRP– 

03–14–R, DBRP–03–16–R, 

DBRP–03–18–R, DBRP–03–20–R, DBRP–03– 

22–R, DBRP–03–24–R, DBRP–03–26–R, 

DBRP–03–28–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 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices 4803 

1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the 

environmental staff of the Commission’s Office of 

Energy Projects. 

DSRPI–03–5–R, DSRPI–03–6–R, DSRPI–03– 

8–R, DSRPI–03–10–R, DSRPI–03–12–R, 

DSRPI–03–14–R, 

DSRPI–03–16–R, DSRPI–03–18–R, DSRPI– 

03–20–R, DSRPI–03–22–R, DSRPI–03–24– 

R, DSRPI–03–26–R, 

DSRPI–03–28–R, DSRPI–03–30–R, DSRPI– 

03–32–R, DSRPI–03–34–R, DSRPI–03–36– 

R 

Specific Requirements sought to be 

waived—Commercial Refrigerators intended 

to hold and/or display bulk produce (whole, 

uncut fresh fruits and/or vegetables) shall be 

exempt from DOE’s requirement to test and 

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. 

List of manufacturers of all other basic 

models marketed in the United States and 

known to the petitioner to incorporate 

similar design characteristic(s)— 

Manufacturer: Hill Phoenix Models: OEP, 

O3IP, and OIP 

Manufacturer: Kysor Warren Models: P1W 

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 are 

intended to hold and display bulk produce 

(whole, uncut fresh fruits and/or vegetables). 

These refrigerators are manufactured in both 

‘‘Remote’’ and ‘‘Self-Contained’’ version. 

1.2 These commercial refrigerators are 

typically designed to hold the produce at an 

Average Integrated Temperature (AIT) of 41 

°F ∼ 50 °F range (The amount and method of 

merchandising the food product varies which 

results in a wide range of AIT). Whole, uncut 

fresh fruits/vegetables are not considered to 

be potentially hazardous foods by the FDA 

and therefore do not require time/ 

temperature control for safety of the food. 

Moreover, the optimum temperature range to 

preserve freshness is 40 °F ∼ 50 °F. 

1.3 DOE requires testing Medium 

Temperature commercial refrigerators at an 

AIT of 38 °F ± 2 °F. 

1.4 In order to reduce the AIT from the 

existing 41 °F ∼ 50 °F range to an AIT of 

38 °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 higher energy consuming 

components such as condensing units or 

increase the number of energy consuming 

components such as condensing units, and 

d) Use evaporator coils that would 

consume higher amounts of refrigerant and 

use higher capacity coil which will consume 

more BTU’s which translates into higher 

energy consumption. 

Need for the requested Interim Waiver: 

1.5 It is clear that the law requires 

commercial refrigerators to be tested and 

certified using the test procedure set forth at 

10 C.F.R. Pt 431, Subpt. C, Sec. 431.64—or 

be subject to a waiver—before they are sold 

in commerce. But DOE’s test procedure 

which establishes the 38 °F ± 2 °F AIT 

criteria based on the medium temperature 

application simply does not contemplate 

commercial refrigerators (remote and/or selfcontained) that are designed to hold and 

display bulk produce (whole, uncut fresh 

fruits and/or vegetables). 

1.6 There is no existing DOE Test 

Procedure 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 hold and/or display bulk 

produce 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 41 °F ∼ 50 °F range. Reducing 

the AIT to 38 °F + 2 °F only for test purposes 

will increase the energy consumption.) 

Basic Models on which the Interim Waiver 

is being requested: 

DBRP–03–4–R, DBRP–03–6–R, DBRP–03–8– 

R, DBRP–03–10–R, DBRP–03–12–R, DBRP– 

03–14–R, DBRP–03–16–R, 

DBRP–03–18–R, DBRP–03–20–R, DBRP–03– 

22–R, DBRP–03–24–R, DBRP–03–26–R, 

DBRP–03–28–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 

Specific Requirements sought to be 

waived—Commercial Refrigerators intended 

to hold and/or display bulk produce (whole, 

uncut fresh fruits and/or vegetables) shall be 

exempt from DOE’s requirement to test and 

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 49 ± 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 is 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. 2012–2045 Filed 1–30–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. CP12–19–000; CP12–20–000] 

Dominion Transmission, Inc.; Notice of 

Intent to Prepare an Environmental 

Assessment for the Proposed TIOGA 

Area Expansion and Sabinsville to 

Morrisville Projects, Request for 

Comments on Environmental Issues, 

and Notice of Public Scoping Meeting 

The staff of the Federal Energy 

Regulatory Commission (FERC or 

Commission) will prepare an 

environmental assessment (EA) that will 

discuss the environmental affects 

associated with the construction and 

operation of the Tioga Area Expansion 

and Sabinsville to Morrisville Projects 

(Projects) with facilities in Pennsylvania 

and New York proposed by Dominion 

Transportation Inc. (DTI) in the abovereferenced dockets. Although the 

Projects are proposed to serve different 

customers, we 1 are combining them 


wreier-aviles on DSK5TPTVN1PROD with NOTICES