Notice2021-16017
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2021
Issuing agencies
Energy Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)</title>
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40548-40554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16017]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All documents in the docket are
listed in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020">https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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.
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\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.
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Submitting comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> provides after you have successfully uploaded your
comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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))
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\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.
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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).
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\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.
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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.
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\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.
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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\
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\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 <a href="https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020">https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020</a>), 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.
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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).
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Brand Basic model No.
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Hussmann................................... SLOL6
Hussmann................................... SLOL8
Hussmann................................... SLOL10
Hussmann................................... SLIL6
Hussmann................................... SLIL8
Hussmann................................... SLIL10
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(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
<a href="http://www.hussmann.com">www.hussmann.com</a>
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 <a href="http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020">http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0020</a>]
[FR Doc. 2021-16017 Filed 7-27-21; 8:45 am]
BILLING CODE 6450-01-P
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