40548 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

increase over time in real dollars and states 

that this is contrary to ‘‘historical experience 

and to economic development science’’ and 

that the more economic development that 

occurs, the more adaptation and mitigation 

efforts a population living in a growing 

economy can afford to undertake (AHRI cites 

the IWG indicating that developed countries 

can eliminate 90% of the economic impacts 

and developing countries could eventually 

eliminate 50% of the economic impacts of 

climate change). They comment that they see 

no indication that DOE considered this 

separately. 

DOE response: In making its 

determination, DOE’s directive under ECPA 

is to assess whether updated editions of 

Standard 90.1 would improve energy 

efficiency in commercial buildings. 42 U.S.C. 

6833(b)(2)(A) DOE emphasizes that the 

estimates pertaining to CO2 are provided only 

as supplemental information and are not 

considered as part of the final determination, 

which is based on energy efficiency as 

required under 42 U.S.C. 6833(b)(2)(A). 

The model scenarios reported by the IWG 

demonstrate that the damage assessments 

and corresponding valuation (SC–CO2), 

adjusted for inflation, increase through time. 

As explained in the February 2021 TSD, 

‘‘[the SC–GHG estimates increase over time 

within the models—i.e., the societal harm 

from one metric ton emitted in 2030 is higher 

than the harm caused by one metric ton 

emitted in 2025—because future emissions 

produce larger incremental damages as 

physical and economic systems become more 

stressed in response to greater climatic 

change, and because GDP is growing over 

time and many damage categories are 

modeled as proportional to GDP.’’ As noted 

previously, DOE determined that the 

estimates from the February 2021 TSD are 

based upon sound analysis and provide well 

founded estimates for DOE’s analysis of the 

impacts of CO2 related to the reductions of 

emissions from updating the 90.1 Standard to 

the 2019 edition in its building codes impact 

analysis. Accordingly, DOE incorporated the 

IWG’s considerations in its analysis. 

However, as discussed in previous 

comments, DOE’s SC–CO2 analysis using 

these estimates was not considered in DOE’s 

ultimate determination of whether Standard 

90.1–2019 will improve energy efficiency. 

Comment: AHRI, p. 4. AHRI argued that it 

is arbitrary and capricious to use different 

timeframes and assumptions for costs and 

benefits and notes that DOE must clarify 

precisely why and how it believes it has 

statutory authority under 42 U.S.C. 6833(b) to 

consider SCC issues and cites why such 

action is legally arbitrary without sufficient 

documented reason for treating similar 

situations differently. AHRI notes that DOE, 

in clarifying why it believes it has such 

authority, can establish how it is acting 

consistently in terms of the analysis of 

benefits. 

DOE response: See previous response to 

AHRI comment on the issue of authority. On 

the issue of costs and benefits, DOE 

reemphasizes that its determination analysis 

is not assessing the costs and benefits 

associated with the updated Standard 90.1, 

that the determination is solely based on 

energy efficiency, and that the reported 

carbon emissions are reported only as 

supplemental information for the benefit of 

interested parties and in support of the 

directives of Executive Order 12866. To 

clarify the issue of timeframe, the emission 

estimates are based on a one-year time period 

(i.e., the annual energy consumption 

estimated via the energy efficiency analysis). 

However, the step of projecting the 

associated CO2 impacts captures the longerterm impact of those single-year emissions, 

as they persist in the atmosphere (and drive 

the damage impacts over the time they 

persist), which is then discounted to present 

value for the year when the emissions occur. 

DOE does not find an economic 

inconsistency in this approach to reporting 

emission benefits. Such a calculation is 

similar to life-cycle analysis, for instance, 

which is performed in a similar fashion, 

where a single year event occurs (e.g., a 

purchase of more efficient equipment), but 

the energy savings are calculated over the 

time they exist (e.g., the life of the 

equipment), and discounted back to the 

present value to reflect an overall life-cycle 

cost. DOE’s reporting here of discounted 

damage impacts is consistent with that 

general approach. 

Signing Authority 

This document of the Department of 

Energy was signed on July 19, 2021, by 

Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on July 22, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–15971 Filed 7–27–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2020–003; EERE–2020–BT– 

WAV–0020] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Hussmann Corporation From the 

Department of Energy Commercial 

Refrigerators, Freezers and 

Refrigerator-Freezers Test Procedure 

and Notification of Grant of Interim 

Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of petition for 

waiver and grant of an interim waiver; 

request for comments. 

SUMMARY: This notification announces 

receipt of and publishes a petition for 

waiver and interim waiver from 

Hussmann Corporation (‘‘Hussmann’’), 

which seeks a waiver for specified 

Commercial Refrigerator, Freezer, and 

Refrigerator-Freezer (‘‘CRE’’) basic 

models from the U.S. Department of 

Energy (‘‘DOE’’) test procedure used for 

determining the energy consumption of 

CRE. DOE also gives notification of an 

Interim Waiver Order that requires 

Hussmann to test and rate the specified 

CRE basic models in accordance with 

the alternate test procedure set forth in 

the Interim Waiver Order. DOE solicits 

comments, data, and information 

concerning Hussmann’s petition, its 

suggested alternate test procedure, and 

the alternate test procedure required 

under the Interim Waiver Order so as to 

inform DOE’s final decision on 

Hussmann’s waiver request. 

DATES: Written comments and 

information are requested and will be 

accepted on or before August 27, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

https://www.regulations.gov. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2020–BT–WAV–0020, by 

any of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: to 

HussmannCRE2020WAV0020@

ee.doe.gov. Include docket number 

EERE–2020–BT–WAV–0020 in the 

subject line of the message. 

No telefacsimilies (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 


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1The petition did not identify any of the 

information contained therein as confidential 

business information. 

2On December 11, 2020, DOE published an 

amendment to 10 CFR 431.401 regarding the 

processing of petitions for an interim waiver, which 

became effective beginning January 11, 2021. The 

subject petition was received prior to the effective 

date of that amendment and therefore is being 

processed pursuant to the regulation in effect at the 

time of receipt. References to 10 CFR 430.27 in this 

notification refer to the 10 CFR 431.401 in the 10 

CFR parts 200 to 499 edition revised as of January 

1, 2021. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing Covid–19 pandemic. DOE is 

currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. If a commenter finds 

that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the Covid–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

https://www.regulations.gov. All 

documents in the docket are listed in 

the https://www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

The docket web page can be found at 

https://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0020. 

The docket web page contains 

instruction on how to access all 

documents, including public comments, 

in the docket. See the SUPPLEMENTARY

INFORMATION section for information on 

how to submit comments through 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. Email: 

AS_Waiver_Request@ee.doe.gov. 

Mr. Pete Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–33, Forrestal Building, 

1000 Independence Avenue SW, 

Washington, DC 20585–0103. 

Telephone: (202) 586–9496. Email: 

Peter.Cochran@Hq.Doe.Gov. 

SUPPLEMENTARY INFORMATION: 

DOE is publishing Hussmann’s 

petition for waiver, pursuant to 10 CFR 

431.401(b)(1)(iv).1 2 DOE invites all 

interested parties to submit in writing 

by August 27, 2021, comments and 

information on all aspects of the 

petition, including the alternate test 

procedure. Pursuant to 10 CFR 

431.401(d), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is Daniel C. Conrad, 

Ph.D., 314–291–200, 12999 St. Charles 

Rock Road, Bridgeton, MO 63044. 

Submitting comments via https://

www.regulations.gov. The https://

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. If 

this instruction is followed, persons 

viewing comments will see only first 

and last names, organization names, 

correspondence containing comments, 

and any documents submitted with the 

comments. 

Do not submit to https://

www.regulations.gov information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (‘‘CBI’’)). Comments 

submitted through https://

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through https://www.regulations.gov 

before posting. Normally, comments 

will be posted within a few days of 

being submitted. However, if large 

volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that https://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to https:// 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. Faxes 

will not be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

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 via email two wellmarked copies: One copy of the 

document marked confidential 

including all the information believed to 

be confidential, and one copy of the 

document marked ‘‘non-confidential’’ 

with the information believed to be 

confidential deleted. DOE will make its 

own determination about the 

confidential status of the information 


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40550 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

3All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020). 

4For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated as Part A–1. 

5On December 11, 2020, DOE published an 

amendment to 10 CFR 431.401 regarding the 

processing of petitions for an interim waiver. The 

subject petition was received prior to the effective 

date of that amendment and therefore is being 

processed pursuant to the regulation in effect at the 

time of receipt. References to 10 CFR 430.27 in this 

notification refer to the 10 CFR 431.401 in the 10 

CFR parts 200 to 499 edition revised as of January 

1, 2021. 

6The specific basic models of commercial 

refrigerators, freezers and refrigerator-freezers for 

which Hussmann petitioned for a waiver and 

interim waiver are Hussmann branded lowtemperature basic models SLOL6, SLOL8, SLOL10, 

SLIL6, SLIL8, and SLIL10. These basic model 

names were provided by Hussmann in its May 12, 

2020 petition. 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

Case Number 2020–003 

Interim Waiver Order 

I. Background and Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),3 authorizes 

the U.S. Department of Energy (‘‘DOE’’) 

to regulate the energy efficiency of a 

number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part C 4 of EPCA 

established the Energy Conservation 

Program for Certain Industrial 

Equipment, which sets forth a variety of 

provisions designed to improve energy 

efficiency for certain types of industrial 

equipment. This equipment includes 

Commercial Refrigerators, Freezers and 

Refrigerator-Freezers (‘‘commercial 

refrigeration equipment’’ or ‘‘CRE’’), the 

focus of this document. (42 U.S.C. 

6311(1)(E)) 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA include 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; 42 

U.S.C. 6296). 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered equipment 

must use as the basis for: (1) Certifying 

to DOE that their equipment complies 

with the applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6316(a); 42 U.S.C. 6295(s)), and 

(2) making representations about the 

efficiency of that equipment (42 U.S.C. 

6314(d)). Similarly, DOE must use these 

test procedures to determine whether 

the covered equipment complies with 

relevant standards promulgated under 

EPCA. (42 U.S.C. 6316(a); 42 U.S.C. 

6295(s)) 

Under 42 U.S.C. 6314, EPCA sets forth 

the criteria and procedures DOE is 

required to follow when prescribing or 

amending test procedures for covered 

equipment. EPCA requires that any test 

procedures prescribed or amended 

under this section must be reasonably 

designed to produce test results which 

reflect the energy efficiency, energy use 

or estimated annual operating cost of 

covered equipment during a 

representative average use cycle and 

requires that test procedures not be 

unduly burdensome to conduct. (42 

U.S.C.6314(a)(2)) The test procedure for 

CRE is contained in the Code of Federal 

Regulations (‘‘CFR’’) at 10 CFR part 431, 

subpart C, appendix B (‘‘Appendix B’’), 

‘‘Amended Uniform Test Method for the 

Measurement of Energy Consumption of 

Commercial Refrigerators, Freezers, and 

Refrigerator-freezers.’’ 

Under 10 CFR 431.401,5 any 

interested person may submit a petition 

for waiver from DOE’s test procedure 

requirements. DOE will grant a waiver 

from the test procedure requirements if 

DOE determines either that the basic 

models for which the waiver was 

requested contains a design 

characteristic that prevents testing of the 

basic models according to the 

prescribed test procedures, or that the 

prescribed test procedures evaluate the 

basic models in a manner so 

unrepresentative of its true energy 

consumption characteristics as to 

provide materially inaccurate 

comparative data. 10 CFR 431.401(f)(2). 

A petitioner must include in its petition 

any alternate test procedures known to 

the petitioner to evaluate the 

performance of the equipment type in a 

manner representative of the energy 

consumption characteristics of the basic 

models. 10 CFR 431.401(b)(1)(iii). DOE 

may grant the waiver subject to 

conditions, which may include 

adherence to alternate test procedures 

specified by DOE. 10 CFR 431.401(f)(2). 

As soon as practicable after the 

granting of any waiver, DOE will 

publish in the Federal Register a notice 

of proposed rulemaking to amend its 

regulations so as to eliminate any need 

for the continuation of such waiver. 10 

CFR 431.401(l). As soon thereafter as 

practicable, DOE will publish in the 

Federal Register a final rule to that 

effect. Id. 

The waiver process also provides that 

DOE may grant an interim waiver if it 

appears likely that the underlying 

petition for waiver will be granted 

and/or if DOE determines that it would 

be desirable for public policy reasons to 

grant immediate relief pending a 

determination on the underlying 

petition for waiver. 10 CFR 

431.401(e)(2). Within one year of 

issuance of an interim waiver, DOE will 

either: (i) Publish in the Federal 

Register a determination on the petition 

for waiver; or (ii) publish in the Federal 

Register a new or amended test 

procedure that addresses the issues 

presented in the waiver. 10 CFR 

431.401(h)(1). 

When DOE amends the test procedure 

to address the issues presented in a 

waiver, the waiver will automatically 

terminate on the date on which use of 

that test procedure is required to 

demonstrate compliance. 10 CFR 

431.401(h)(2). 

II. Hussmann’s Petition for Waiver and 

Interim Waiver 

On May 12, 2020, Hussmann filed a 

petition for waiver and interim waiver 

from the test procedure for CRE set forth 

at Appendix B. Hussmann described the 

basic models for which it is requesting 

a waiver 6 as ‘‘Smart Exchange Lockers’’ 

that are intended for short-term storage 

of temperature-controlled products as 

part of an e-commerce fulfillment 

solution, which operate at low 

temperatures. Hussmann claimed that 

the refrigerated compartments in the 

specified basic models are designed for 

loading and retrieving product a limited 

number of times per day and are not 

designed or used as a traditional 

merchandiser where stored product may 

be exposed to constant door openings 

throughout the day. 

Hussmann noted that Appendix B 

requires door openings to be conducted 

per section 7.2 of American Society of 

Heating, Refrigerating and AirConditioning Engineers Standard 72– 

2005, Method of Testing Commercial 

Refrigerators and Freezers (‘‘ASHRAE 

Standard 72–2005’’). Specifically, 

ASHRAE 72–2005 section 7.2 requires 

that each door be in the fully open 

position for six seconds, six times per 

hour for eight consecutive hours, and 

that each door be opened sequentially, 

one at a time. Hussmann noted that the 

required number of door openings in the 

current procedure does not anticipate 


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7The alternate test procedure proposed in 

Hussmann’s petition also included a sentence 

stating that door openings shall start 3 hours after 

concluding stabilization period. In general, this 

instruction would be expected for testing units that 

do not have automatic defrost. In a follow-up 

communication with DOE on July 8, 2020 (available 

at https://www.regulations.gov/docket?D=EERE2020-BT-WAV-0020), Hussmann stated that the 

basic models at issue have timed (i.e., automatic) 

defrost cycles and that they are not seeking relief 

from the existing ASHRAE 72–2005 requirement 

that the door opening period start 3 hours after the 

start of a defrost period. 

the usage profile and application of the 

basic models for which Hussmann is 

requesting a waiver and thus overstates 

the energy consumption. Hussmann 

added that ASHRAE72–2005 is 

intended for traditional refrigerated 

merchandisers and the consumer 

behavior at a grocery store or 

convenience store. Hussmann stated 

that their Smart Exchange Lockers are 

designed for short-term storage and that 

their usage profile is limited by the time 

delay from the consumer schedule and 

retail delivery of product and the 

consumer arrival to collect the order. 

Hussmann further stated that the unit 

doors require use of a code or personal 

mobile device to unlock the 

compartment(s) containing the 

consumer’s products. 

Hussmann also requests an interim 

waiver from the existing DOE test 

procedure. DOE will grant an interim 

waiver if it appears likely that the 

petition for waiver will be granted, and/ 

or if DOE determines that it would be 

desirable for public policy reasons to 

grant immediate relief pending a 

determination of the petition for waiver. 

10 CFR 431.401(e)(2). 

Hussmann asserts that absent an 

interim waiver, the stated CRE basic 

models cannot be tested and rated for 

daily energy consumption on a basis 

representative of their actual daily 

energy consumption characteristics. 

Hussmann claimed that the current door 

opening procedure, as is required by 

DOE test procedure, is not a 

representative test of the specified basic 

models due to their less-frequent door 

openings during typical use. 

III. Requested Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures when making 

representations about the energy 

consumption and energy consumption 

costs of covered equipment. (42 U.S.C. 

6314(d)) Consistency is important when 

making representations about the energy 

efficiency of covered equipment, 

including when demonstrating 

compliance with applicable DOE energy 

conservation standards. Pursuant to 10 

CFR 431.401, and after consideration of 

public comments on the petition, DOE 

may establish in a subsequent Decision 

and Order an alternate test procedure 

for the basic models addressed by the 

Interim Waiver Order. 

Hussmann seeks to use an alternate 

test procedure to test and rate specific 

CRE basic models. Hussmann 

specifically requests to test the specified 

basic models with the following 

alternate door opening requirements: 

Open each door for 8 seconds, every 

2 hours, for 10 consecutive hours. (6 

door cycles) (3 ‘‘load’’ and ‘‘unload’’ 

cycles) > Stock (load) + Retrieve (unload) ∼ Cycle (turn).7

Hussmann noted that the requested 

alternate procedure consists of the door 

opening duration, frequency, and period 

requirements in the Decision and Order 

granted to ITW Food Equipment Group, 

LCC, on September 12, 2018 for CRE 

intended for use in similar applications. 

See 83 FR 46148. Additionally, 

Hussmann stated that it conducted beta 

testing from which it concluded that the 

requested alternate approach is an 

accurate representation of how the 

specified basic models are being used in 

the field. 

IV. Interim Waiver Order 

DOE has reviewed Hussmann’s 

application for an interim waiver and 

the alternate test procedure requested by 

Hussmann. Based on this review, the 

alternate test procedure, with the minor 

changes discussed in this section, 

appears to allow for the accurate 

measurement of the energy 

consumption of the specified basic 

models, while alleviating the testing 

problems associated with Hussmann’s 

implementation of CRE testing for these 

basic models. DOE has determined that 

the alternate test procedure requested by 

Hussmann is appropriate because the 

identified basic models are designed for 

limited access short-term storage of prepurchased items for consumer pickup 

and have a different usage pattern when 

compared to a commercial refrigerator 

or freezer. Consequently, DOE has 

determined that Hussmann’s petition for 

waiver likely will be granted. 

Furthermore, DOE has determined that 

it is desirable for public policy reasons 

to grant Hussmann immediate relief 

pending a determination of the petition 

for waiver. 

DOE has modified the requested test 

approach to more clearly state the door 

opening requirements and to explicitly 

include the existing test procedure 

requirement to open each door 

sequentially, one at a time. 

For the reasons stated, it is ordered 

that: 

(1) Hussmann must test and rate the 

following CRE basic models with the 

alternate test procedure set forth in 

paragraph (2). 

Brand Basic model No. 

Hussmann ....................... SLOL6 

Hussmann ....................... SLOL8 

Hussmann ....................... SLOL10 

Hussmann ....................... SLIL6 

Hussmann ....................... SLIL8 

Hussmann ....................... SLIL10 

(2) The alternate test procedure for the 

Hussmann basic models identified in 

paragraph (1) of this Interim Waiver 

Order is the test procedure for CRE 

prescribed by DOE at 10 CFR part 431, 

subpart C, appendix B, except that in 

section 7.2 of ASHRAE Standard 72– 

2005, the door openings shall be as 

specified. All other requirements of 

Appendix B and DOE’s regulations, 

including the requirement that the door 

opening period start 3 hours after the 

start of a defrost period, remain 

applicable. 

Open each door to the fully open 

position for 8 seconds, once every 2 

hours, for 6 door-opening cycles. Each 

door shall be opened sequentially, one 

at a time. 

(3) Representations. Hussmann may 

not make representations about the 

energy use of a basic model listed in 

paragraph (1) for compliance, 

marketing, or other purposes unless that 

basic model has been tested in 

accordance with the provisions set forth 

in this alternate test procedure and such 

representations fairly disclose the 

results of such testing. 

(4) This Interim Waiver Order shall 

remain in effect according to the 

provisions of 10 CFR 431.401. 

(5) This Interim Waiver Order is 

issued on the condition that the 

statements, representations, test data, 

and documents provided by Hussmann 

are valid. If Hussmann makes any 

modifications to the controls or 

configurations of a basic model subject 

to this Interim Waiver Order, such 

modifications will render the waiver 

invalid with respect to that basic model, 

and Hussmann will either be required to 

use the current Federal test method or 

submit a new application for a test 

procedure waiver. DOE may rescind or 

modify this waiver at any time if it 

determines the factual basis underlying 

the petition for the Interim Waiver 

Order is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic model’s 

true energy consumption characteristics. 

10 CFR 431.401(k)(1). Likewise, 

Hussmann may request that DOE 

rescind or modify the Interim Waiver 

Order if Hussmann discovers an error in 

the information provided to DOE as part 


khammond on DSKJM1Z7X2PROD with NOTICES
40552 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

of its petition, determines that the 

interim waiver is no longer needed, or 

for other appropriate reasons. 10 CFR 

431.401(k)(2). 

(6) Issuance of this Interim Waiver 

Order does not release Hussmann from 

the applicable requirements set forth at 

10 CFR part 429. 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, not future models that may be 

manufactured by the petitioner. 

Hussmann may submit a new or 

amended petition for waiver and request 

for grant of interim waiver, as 

appropriate, for additional basic models 

of CRE. Alternatively, if appropriate, 

Hussmann may request that DOE extend 

the scope of a waiver or an interim 

waiver to include additional basic 

models employing the same technology 

as the basic model(s) set forth in the 

original petition consistent with 10 CFR 

431.401(g). 

Signing Authority 

This document of the Department of 

Energy was signed on July 22, 2021, by 

Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on July 23, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Hussmann Corporation 

12999 St. Charles Rock Road 

Bridgeton, MO 63044 

Office (314) 291–2000, Fax (314) 298– 

4756 

www.hussmann.com 

VIA EMAIL 

May 12, 2020 

John Cymbalsky 

U.S. Department of Energy 

Building Technologies Office 

Test Procedure Waiver 

1000 Independence Avenue SW 

Mailstop EE–5B 

Washington, DC 20585–0121 

Re: Petition of Hussmann Corporation 

for Waiver of Test Procedure for 

Commercial Refrigeration Equipment 

Dear Mr. Cymbalsky: 

Hussmann Corporation submits this 

Petition for Waiver and Application for 

Interim Waiver from DO E’s test 

procedure for commercial refrigeration 

equipment (per Title 10 Chapter II 

Subpart V—General Provisions 

431.401). Hussmann is submitting this 

request because the current test 

procedure to evaluate the energy 

conservation rating for certain basic 

models (Appendix 1) is 

unrepresentative of the true energy 

consumption characteristics. 

Basic Models for Which a Waiver Is 

Requested 

The Basic Models for which a waiver 

and interim waiver are being requested 

are set forth in Appendix I (hereinafter 

referred to as ‘‘Smart Exchange 

Locker’’). The Smart Exchange Locker 

consists of a self-contained refrigerated 

unit with modular door compartments 

and its use is intended for the shortterm storage of temperature-controlled 

products as part of an ecommence [sic] 

fulfillment solution. A picture of the 

Smart Locker is also included in 

Appendix I. 

Design Characteristics Constituting the 

Grounds for Petition 

The Smart Exchange Locker consists 

of temperature-controlled units. These 

units can control both ambient 

temperature (non-critical food 

temperature) as well as medium and 

low temperatures (critical food 

temperature). Each unit is dedicated to 

one temperature setting with multiple 

compartments. End-user (retail) 

personnel load product into the 

compartments based upon the product 

temperature requirements. A 

notification system informs the enduser’s customer (consumer) that the 

order is ready for pickup. Upon arrival 

at the Smart Exchange Locker, the 

consumer will use a code or personal 

mobile device to unlock the 

compartment(s) containing the 

consumer’s products, thereby satisfying 

an order. The consumer retrieves the 

products and leaves. Finally, the Smart 

Exchange Locker compartments close 

and are available for the retail personnel 

to load subsequent orders. The Smart 

Exchange Locker is designed to be used 

in various locations including the 

lobbies of condominium I apartment 

complexes, corporate campuses, and 

college campuses/dorm facilities. 

The compartments are designed for 

loading and retrieving product limited 

times per day. They are not designed or 

used as a traditional merchandiser 

where stored product may be exposed to 

constant door openings throughout a 

day. 

Specific Requirements Sought To Be 

Waived 

The current DOE test procedure 

sought to be waived can be found at 10 

CFR Appendix B to Subpart C of Part 

431—Amended Uniform Test Method 

for the Measurement of Energy 

Consumption of Commercial 

Refrigerators, Freezers, and RefrigeratorFreezers, per AHRl Standard 1200 (I–P)– 

2010, section 6, ‘‘Rating Requirements 

for Self-contained Commercial 

Refrigerated Display Merchandisers and 

Storage Cabinets.’’ 

Such procedure requires the basic 

models to be tested per ANSI/ASHRAE 

Standard 72. In ANSI/ASHRAE 72— 

2005, section 7.2 the door opening 

requirements are as follows: 

Current Door Opening Requirements: 

Each door shall be in the fully open 

position for six seconds, six times per 

hour for eight consecutive hours. Each 

door shall be opened sequentially, one 

at a time. The eight-hour period of door 

opening shall begin three hours after the 

start of a defrost period. For units with 

pass-through doors, only the doors on 

one side of the unit shall be opened 

during the test. 

The Need for the Requested Waiver 

The required number of door 

openings in the current procedure do 

not anticipate the usage profile and 

application of the Smart Exchange 

Locker and thus overstate the energy 

consumption. In other words, the 

current test procedure overestimates the 

necessary door openings because 

ASHRAE–72–2005 is intended for 

traditional refrigerated merchandisers 

and the consumer behavior at a grocery 

store or convenience store. The Smart 

Exchange Locker is designed for shortterm storage of food and non-food items 

that may or may not require temperature 

control. The usage profile of the Smart 

Exchange Locker is limited by the time 

delay from the consumer schedule and 

retail delivery of product and the 

consumer arrival to collect their order. 

From beta testing we conclude that the 

test procedure previously requested by 

ITW (see next paragraph) is an accurate 

representation how a Smart Exchange 

Locker is being used in the field. 

Hussmann is petitioning for a waiver 

on the door opening process for the low 

temperature Smart Exchange Locker 

module to be identical to the Decision 

and Order Granting a Waiver to ITW 

Food Equipment Group, LLC From the 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40553 

Department of Energy Commercial 

Refrigerati Equipment Test Procedure, 

in Federal Register/Vol. 83, No. 77/ 

Wednesday, September 12, 2018/ 

Notices pages 46148–46152, as set forth 

further below. 

Proposed Alternate Test Procedure 

ITW Door-Opening Requirement: 

Door openings shall start 3 hours after 

concluding stabilization period. Open 

each door for 8 seconds, every 2 hours, 

for 10 consecutive hours. (6 door cycles) 

(3 ‘‘load’’ and ‘‘unload’’ cycles) > Stock 

(load) + Retrieve (un-load)—Cycle 

(tum). 

Comparison of Standard to Waiver 

Method 

Figure 1 shows the comparison of 

energy performance for a Smart 

Exchange Locker Low Temperature 

Module, Model SLOL8. The allowable 

energy level is 10.22 KW-hr/day (DOE 

equipment class VCS.SC.L). The 

proposed alternate test procedure, based 

on how the locker is used in the field, 

shows it will meet the maximum 

allowable energy limits without further 

need to modify additional energy 

requirements. This also shows how the 

energy consumption will be more 

accurately represented. 

List of Manufacturers of All Other Basic 

Models Marketed in the United States 

and Known to the Petitioner To 

Incorporate Similar Design 

Characteristics 

Hussmann has reviewed the CCMS 

database as of May 8, 2020 to review all 

known listed products and found that 

there are no known listed models 

covered by the DOE requirements that 

have design characteristics similar to 

that on which our petition is based. 

Hussmann has done web searches and 

inquired with customers and is not 

aware of any products similarly 

designed having been sold in the United 

States. Hussmann is aware that products 

similar to the Smart Exchange Locker 

exists outside of the United States and 

believes that domestic retailers have 

been eviewing such products. 

Hussmann has not found any data 

indicating such products meet DOE 

energy efficiency requirements, UL 

electrical and mechanical safety 

requirements, or NSF food sanitation 

and food product safety temperature 

requirements. 

Therefore, Hussmann does not believe 

that there are other known 

manufacturers in which to provide 

concurrent notice of this Petition for 

Waiver and Application for Interim 

Waiver. 

Request for Interim Waiver 

Hussmann Corporation also petitions 

for an interim waiver for the models 

listed in Appendix I, based on the 

merits of our proposed alternate test 

procedure to represent actual consumer 

behavior. With this waiver and reliance 

on alternate test procedure, Hussmann’s 

calculations of the Smart Exchange 

Locker will accurately represent energy 

consumption and therefore believes the 

petition for waiver is likely to be 

granted. It is therefore essential the 

interim waiver be granted to allow 

Hussmann Corporation to distribute the 

Smart Exchange Locker and meet 

current demands. 

Economic Hardships and Competitive 

Disadvantages 

Changes in consumer behavior over 

the last several years show that 

traditional brick and mortar groceries 

are facing more competition from online 

shopping opportunities. The need for 

the Smart Exchange Locker is an option 

that traditional groceries as well as 

‘‘new players’’ in the fresh food concept 

are using to expand their product 

offerings and appeal to the newer 

consumer behavior. Hussmann has been 

working with the retailers to understand 

their needs moving forward. The Smart 

Exchange Locker is an opportunity for 

both current and future shopping. We 

understand similar products are 

available overseas—they do not meet 

the stringent electrical and mechanical 

safety needs, food preservation safety 

needs, and energy efficiency needs 

required in the United States. These 

products are being evaluated by retailers 

in the U.S. and there is a strong 

possibility these products will find their 

way into the U.S. market. 

The above mentioned safety and 

energy efficiency needs may not be met 

because, like many newer concept 

products, the appropriate standards and 

regulations will not be apparent to local 

authorities having jurisdiction (AHJs). 

Refrigerated lockers are critical to 

support the needs of the growing ecommerce market. Online grocery sales 

are projected to grow at a compound 

annual growth rate of 15% (prior to the 

COVID crisis) through 2022, reaching 

8.2% of total grocery spending. In 

addition, buy online pickup in store 

(BOPIS) and curbside pickup increased 

62% between Feb. 24 and March 21 

compared to the same period in 2019. 

Lockers are becoming viewed as a 

preferred method of supporting curbside 

or BOPIS grocery sales to limit contact. 


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f 

11.5 

11.0 

Hl.J 

10.G 

9.5 

tail: 

IIHllfoad 

Smart Locker Energy Assessment 

• 

• __ -------· ___ -----· -··. - __ - ----------------- IG.:12 max alowahle 

• 

• 

LTtaN1 LTCU.Z 

Madlfiecl 00.... Opening 

LTQIM1 1.TCne2 

sYndanl Door Clflenlng 

Figure l; Energy Comparison Smart Locker Assessment Methods 
40554 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

Shoppers prefer the ‘‘no human 

contact’’ that they get from ordering 

online and picking up their purchases at 

a locker. Home grocery delivery 

companies are seeing demand increase 

dramatically and expect e-commerce 

adoption to continue. They expect many 

customers not to return to traditional 

shopping after this change. In addition, 

one of the leading home grocery 

delivery companies projected a demand 

for 1000 lockers annually (prior to the 

increased demand created by COVID– 

19). We strongly expect this entire 

market to see an increased demand 

based on the changing consumer 

shopping behavior accelerated by the 

recent concerns of the COVID crisis. 

Conclusion 

The Smart Exchange Locker is 

designed for limited access short-term 

storage of products to facilitate 

consumer pickup of electronically 

purchased items and it is not a 

traditional refrigerator or freezer 

merchandiser. Hussmann Corporation 

petitions DOE to grant the use of an 

Alternate Test Procedure and an Interim 

Waiver from DOE’s current requirement 

to test Commercial Refrigerators, 

Freezers, and Refrigerator-Freezers for 

the Smart Exchange Locker. Without 

such requested relief, Hussmann 

Corporation will not be able to meet 

market demand for a product supporting 

critical temperature short-term storage 

of e-commerce products. A grant of this 

petition is required to align a test 

procedure with the actual product usage 

profiles thereby allowing compliance 

with the requisite energy standards. 

Sincerely, 

/s/ 

Daniel C. Conrad, Ph.D., 

Director Reliability & Testing. 

Appendix I—Smart Locker 

Basic Models for Which a Waiver Is 

Requested 

A waiver is requested for the Hussmann 

branded Smart Locker basic model(s) which 

will be distributed in commerce. These 

models are identified as: 

Branded Model No(s). 

Hussmann ....................... SLOL6 

SLOL8 

SLOLl0 

SLIL6 

SLIL8 

SLILl0 

Picture: Smart Locker 

[Image available at http://

www.regulations.gov/docket?D=EERE2020-BT-WAV-0020] 

[FR Doc. 2021–16017 Filed 7–27–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC21–24–000] 

Commission Information Collection 

Activities (FERC–537); Comment 

Request; Extension 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Notice of information collection 

and request for comments. 

SUMMARY: In compliance with the 

requirements of the Paperwork 

Reduction Act of 1995, the Federal 

Energy Regulatory Commission 

(Commission or FERC) is soliciting 

public comment on a renewal of 

currently approved information 

collection, FERC–537 (Gas Pipeline 

Certificates: Construction, Acquisition, 

and Abandonment), which will be 

submitted to the Office of Management 

and Budget (OMB) for review. 

DATES: Comments on the collection of 

information are due August 27, 2021. 

ADDRESSES: Send written comments on 

FERC–537 to OMB through 

www.reginfo.gov/public/do/PRAMain. 

Attention: Federal Energy Regulatory 

Commission Desk Officer. Please 

identify the OMB Control Number 

(1902–0060) in the subject line of your 

comments. Comments should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. 

Please submit copies of your 

comments to the Commission. You may 

submit copies of your comments 

(identified by Docket No. IC21–24–000) 

by one of the following methods: 

Electronic filing through http://

www.ferc.gov, is preferred. 

• Electronic Filing: Documents must 

be filed in acceptable native 

applications and print-to-PDF, but not 

in scanned or picture format. 

• For those unable to file 

electronically, comments may be filed 

by USPS mail or by hand (including 

courier) delivery. 

Æ Mail via U.S. Postal Service Only: 

Addressed to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE, 

Washington, DC 20426. 

Æ Hand (Including Courier) Delivery: 

Deliver to: Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, MD 20852. 

Instructions: OMB submissions must 

be formatted and filed in accordance 

with submission guidelines at 

www.reginfo.gov/public/do/PRAMain. 

Using the search function under the 

‘‘Currently Under Review’’ field, select 

Federal Energy Regulatory Commission; 

click ‘‘submit,’’ and select ‘‘comment’’ 

to the right of the subject collection. 

FERC submissions must be formatted 

and filed in accordance with submission 

guidelines at: http://www.ferc.gov. For 

user assistance, contact FERC Online 

Support by email at ferconlinesupport@

ferc.gov, or by phone at: (866) 208–3676 

(toll-free). 

Docket: Users interested in receiving 

automatic notification of activity in this 

docket or in viewing/downloading 

comments and issuances in this docket 

may do so at https://www.ferc.gov/ferconline/overview. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Brown may be reached by email 

at DataClearance@FERC.gov, telephone 

at (202) 502–8663. 

SUPPLEMENTARY INFORMATION: 

Title: FERC–537 (Gas Pipeline 

Certificates: Construction, Acquisition, 

and Abandonment). 

OMB Control No.: 1902–0060. 

Type of Request: Three-year extension 

of the FERC–537 information collection 

requirements with no changes to the 

reporting requirements. 

Abstract: The FERC–537 information 

collection requires natural gas 

companies to file the necessary 

information with FERC in order for the 

Commission to determine if the 

requested certificate should be 

authorized. The data required to be 

submitted in a normal certificate filing 

consists of identification of the 

company and responsible officials, 

factors considered in the location of the 

facilities and the impact on the area for 

environmental considerations. Also to 

be submitted are the following, as 

applicable to the specific request: 

• Flow diagrams showing the design 

capacity for engineering design 

verification and safety determination; 

• Cost of proposed facilities, plans for 

financing, and estimated revenues and 

expenses related to the proposed facility 

for accounting and financial evaluation. 

• Existing and proposed storage 

capacity and pressures and reservoir 

engineering studies for requests to 

increase storage capacity; 

• An affidavit showing the consent of 

existing customers for abandonment of 

service requests. 

Certain self-implementing 

construction and abandonment 

programs do not require the filing of 

applications. However, those types of 

programs do require the filing of annual 

reports, so many less significant actions 

can be reported in a single filing/ 

response and less detail would be 


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