5782 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Parts B and C were re-designated as Parts 

A and A–1, respectively. 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CR–001] 

Notice of Petition for Waiver of Hill 

PHOENIX From the Department of 

Energy Commercial Refrigerator, 

Freezer and Refrigerator-Freezer Test 

Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes the Hill PHOENIX Inc. 

(Hill PHOENIX) petition for waiver 

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

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of commercial 

refrigerators, freezers and refrigeratorfreezers. Through this notice, DOE also 

solicits comments with respect to the 

Hill PHOENIX petition. 

DATES: DOE will accept comments, data, 

and information with respect to the Hill 

PHOENIX petition until March 7, 2012. 

ADDRESSES: You may submit comments, 

identified by case number CR–001, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include ‘‘Case No. CR–001’’ 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 (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: 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. 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. Email: 

mailto: 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 

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 

Hill PHOENIX’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). 

II. Petition for Waiver 

On December 1, 2011, Hill PHOENIX 

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. Hill PHOENIX requested the 

waiver for its refrigerated display 

merchandisers designed to display only 

non-perishable products refrigerated for 

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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 5783 

customer convenience. This equipment 

is classified as commercial refrigerator, 

freezer, and refrigerator-freezer 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)). The applicable test 

procedure for this equipment is ARI 

1200–2006. Manufacturers are directed 

to use this test procedure pursuant to 

10 CFR 431.64. 

Hill PHOENIX seeks a waiver from 

the applicable test procedures under 

10 CFR 431.64 on the grounds that its 

refrigerated display merchandisers 

contain design characteristics that 

prevent testing according to the current 

DOE test procedure. Specifically, Hill 

PHOENIX asserts that the 

merchandisers are not able to operate at 

the specified integrated average 

temperature of 38 °F. Consequently, Hill 

PHOENIX requested that DOE grant a 

waiver from the applicable test 

procedures, allowing the specified 

products to be tested at 50 °F, which 

Hill PHOENIX asserts is the lowest 

product application temperature. 

The following basic models are 

included in the petition: 

FBI FT FEA NFD NFO NFT

OB SF 

DOE makes decisions on waivers for 

only those models specifically set out in 

the petition, not future models that may 

be manufactured by the petitioner. Hill 

PHOENIX may submit a petition for 

waiver 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 a waiver does not 

release a petitioner from the 

certification requirements set forth at 

10 CFR part 429. 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of Hill PHOENIX’s 

petition for waiver from the test 

procedures that apply to commercial 

refrigerators, freezers and refrigeratorfreezers. DOE is publishing Hill 

PHOENIX’s petition for waiver in its 

entirety pursuant to 10 CFR 

430.401(b)(1)(iv). The petition contains 

no confidential information. 

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: 

Arnie Stephens, 

Research and Development Manager, 

Barker Specialty Products by Hill 

PHOENIX, 703 Franklin Street, 

Keosauqua, IA 52565. All submissions 

received must include the case number 

for this proceeding, CR–001. 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 30, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

December 1, 2011 

Assistant Secretary for Energy Efficiency 

and Renewable Energy U.S. 

Department of Energy 

To Whom It May Concern: 

Subject: Petition for Test Waiver as 

described in 10 CFR 431.401 

Barker Specialty Products by Hill 

PHOENIX has several base models of 

refrigerated display merchandisers that 

operate significantly higher than the 

specified application temperatures for 

rating merchandisers in accordance 

with 10 CFR 431.62 and 431.64. These 

merchandisers are specifically designed 

and produced to only display nonperishable products that are refrigerated 

for customer convenience. The product 

displayed in these merchandisers are 

floral, wine and bulk produce that is not 

required to be refrigerated under any 

current food safety regulation. These 

products are slightly chilled primarily 

for customer convenience. There is 

some extension of product life by 

displaying it in a chilled space but it is 

not a requirement. 

These merchandisers are designed 

specifically for these higher application 

temperatures. Many of the components 

in the merchandisers will not perform 

adequately at lower application 

temperatures. For example, the 

evaporator coils on these cases are 

smaller and designed to operate above 

freezing, the insulation in the case is 

thinner than what would be found in a 

medium temperature (38 °F) application 

merchandiser, and the airflow is 

matched for the particular application. 

In many instances, the merchandisers 

do not have the capacity to meet the 38 

°F product temperature requirements. 

Requiring these merchandisers to 

achieve a 38 °F integrated product 

temperature requires significant design 

changes to the merchandiser and results 

in a more expensive product. In 

addition, testing the merchandiser at the 

medium temperature rating is extremely 

unrepresentative of its true energy 

consumption characteristics as to 

provide materially inaccurate 

comparative data. 

This petition is to waive the 

requirement to test the merchandisers at 

the rating temperature for medium 

temperature of an integrated product 

temperature of 38 °F. The remaining test 

procedures will be followed and the 

energy usage and limits will be 

calculated based on current 

specifications. 

1. The following basic models are 

included in this petition: 

a. FBI 

b. FT 

c. FEA 

d. NFD 

e. NFO 

f. NFT 

g. OB 

h. SF 

2. These merchandisers are utilized 

only for non-perishable merchandise 

and operate at a higher product 

temperature than 38 °F. 

3. The test procedure requires these 

models to be tested at the medium 

temperature application rating of 38 °F. 

This test is not representative of how 

the merchandisers are utilized in 

application. 

4. Testing the merchandisers at this 

application rating increases the design 

and production costs of the case and is 

unrepresentative of its true energy 

consumption. 

5. This petition is to waive the energy 

usage tests being conducted at the 

medium temperature application rating 

of 38 °F. These merchandisers would be 

tested and the energy usage recorded in 

accordance with the remaining test 

procedures, however the application 

temperature rating would be an 

integrated average temperature of 50°F. 

6. The case models above are 

designed and produced only for these 

higher application temperatures. 

7. While there are a limited number 

of other manufacturers of similar 

merchandisers, it is not known if the 

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5784 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

design is specific to these higher 

temperature applications. 

Very Respectfully, 

Arnie Stephens 

Research and Development Manager 

[FR Doc. 2012–2563 Filed 2–3–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–020] 

Decision and Order Granting a Waiver 

to Sub-Zero From the Department of 

Energy Residential Refrigerator and 

Refrigerator-Freezer Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–020) 

that grants to Sub-Zero, Inc. (Sub-Zero) 

a waiver from the DOE electric 

refrigerator and refrigerator-freezer test 

procedures for determining the energy 

consumption of residential refrigeratorfreezers for the basic models set forth in 

its petition for waiver. Under today’s 

decision and order, Sub-Zero shall be 

required to test and rate its refrigeratorfreezers with dual compressors using an 

alternate test procedure that takes this 

technology into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective February 6, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Telephone: (202) 586–0371, 

Email: Bryan.Berringer@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103, (202) 586–7796, Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants Sub-Zero 

a waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedures found in 10 CFR part 430, 

subpart B, appendix A1 for certain basic 

models of refrigerator-freezers with dual 

compressors, provided that Sub-Zero 

tests and rates such products using the 

alternate test procedure described in 

this notice. Today’s decision prohibits 

Sub-Zero from making representations 

concerning the energy efficiency of 

these products unless the product has 

been tested consistent with the 

provisions and restrictions in the 

alternate test procedure set forth in the 

decision and order below, and the 

representations fairly disclose the test 

results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

42 U.S.C. 6293(c). 

Issued in Washington, DC, on January 30, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: Sub-Zero, Inc. (Case 

No. RF–020) 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Pub. L. 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, which includes the 

residential electric refrigerators and 

refrigerator-freezers that are the focus of 

this notice.1 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 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)) The test procedure for 

residential electric refrigerators and 

refrigerator-freezers is set forth in 10 

CFR part 430, subpart B, appendix A1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver from the test 

procedure requirements for a particular 

basic model for covered consumer 

products when (1) the petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when 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 

430.27(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 characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the 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 on the petition 

for waiver. 10 CFR 430.27(g). 

II. Sub-Zero’s Petition for Waiver: 

Assertions and Determinations 

On September 6, 2011, Sub-Zero 

submitted a petition for waiver and 

application for interim waiver (petition) 

from the test procedure applicable to 

residential electric refrigerators and 

refrigerator-freezers set forth in 10 CFR 

Part 430, subpart B, appendix A1. SubZero is designing new refrigeratorfreezers that incorporate dual 

compressors. In its petition, Sub-Zero 

seeks a waiver from the existing DOE 

test procedure applicable to refrigerators 

and refrigerator-freezers under 10 CFR 

Part 430 for Sub-Zero’s dual compressor 

products. Sub-Zero states that the test 

procedure was designed to test 

independent, sealed systems while SubZero’s dual compressor products have 

shared systems. Sub-Zero further states 

that it may not be possible to use the 

DOE test procedure for these products, 

or that use of the DOE test procedure 

would provide inaccurate results. In its 

petition, Sub-Zero set forth an alternate 

test procedure developed in conjunction 

with an independent test laboratory. 

DOE did not receive any comments on 

the Sub-Zero petition. 

The DOE test procedure for dual 

compressor systems assumes 

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