[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40548-40554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16017]


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

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:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Email: to <a href="/cdn-cgi/l/email-protection#82caf7f1f1efe3ececc1d0c7b0b2b0b2d5c3d4b2b2b0b2c2e7e7ace6ede7ace5edf4"><span class="__cf_email__" data-cfemail="155d60666678747b7b56475027252725425443252527255570703b717a703b727a63">[email protected]</span></a>. 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.

[[Page 40549]]

    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: 
<a href="/cdn-cgi/l/email-protection#b9f8eae6eed8d0cfdccbe6ebdcc8ccdccacdf9dcdc97ddd6dc97ded6cf"><span class="__cf_email__" data-cfemail="a0e1f3fff7c1c9d6c5d2fff2c5d1d5c5d3d4e0c5c58ec4cfc58ec7cfd6">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#abfbcedfced985e8c4c8c3d9cac5ebe3da85efc4ce85ecc4dd"><span class="__cf_email__" data-cfemail="7d2d1809180f533e121e150f1c133d350c53391218533a120b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    DOE is publishing Hussmann's petition for waiver, pursuant to 10 
CFR 431.401(b)(1)(iv).<SUP>1 2</SUP> 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.
---------------------------------------------------------------------------

    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
    \2\ On 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.
---------------------------------------------------------------------------

    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 well-marked 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

[[Page 40550]]

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))
---------------------------------------------------------------------------

    \3\ All 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).
    \4\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \5\ On 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ The specific basic models of commercial refrigerators, 
freezers and refrigerator-freezers for which Hussmann petitioned for 
a waiver and interim waiver are Hussmann branded low-temperature 
basic models SLOL6, SLOL8, SLOL10, SLIL6, SLIL8, and SLIL10. These 
basic model names were provided by Hussmann in its May 12, 2020 
petition.
---------------------------------------------------------------------------

    Hussmann noted that Appendix B requires door openings to be 
conducted per section 7.2 of American Society of Heating, Refrigerating 
and Air-Conditioning 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

[[Page 40551]]

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 (un-load) ~ Cycle (turn).\7\
---------------------------------------------------------------------------

    \7\ The 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=EERE-2020-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.
---------------------------------------------------------------------------

    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 pre-purchased 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

[[Page 40552]]

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 short-term 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 end-user'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 Refrigerator-Freezers, 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 short-term 
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

[[Page 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.
[GRAPHIC] [TIFF OMITTED] TN28JY21.015

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 e-commerce 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.

[[Page 40554]]

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=EERE-2020-BT-WAV-0020]
[FR Doc. 2021-16017 Filed 7-27-21; 8:45 am]
BILLING CODE 6450-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>