[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44529-44533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15984]
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DEPARTMENT OF ENERGY
[Case Number 2020-001; EERE-2020-BT-WAV-0005]
Energy Conservation Program: Notice of Petition for Waiver of
Hoshizaki America, Inc. From the Department of Energy Automatic
Commercial Ice Makers Test Procedure and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and grant of an interim waiver;
request for comments.
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SUMMARY: This notice announces receipt of and publishes a petition for
waiver and interim waiver from Hoshizaki America, Inc. (``Hoshizaki''),
which seeks a waiver for specified Automatic Commercial Ice Maker
(``ACIM'') basic models from the U.S. Department of Energy (``DOE'')
test procedure used for determining the energy use of ACIM. DOE also
gives notice of an Interim Waiver Order that requires Hoshizaki to test
and rate the specified ACIM basic models in accordance with the
alternate test procedure set forth in the Interim Waiver Order. DOE
solicits comments, data, and information concerning Hoshizaki's
petition and its suggested alternate test procedure so as to inform
DOE's final decision on Hoshizaki's waiver request.
DATES: The Interim Waiver Order is effective on July 23, 2020. Written
comments and information will be accepted on or before August 24, 2020.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov.
Alternatively, interested persons may submit comments, identified by
case number ``2020-001'', and Docket number ``EERE-2020-BT-WAV-0005,''
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include Case No.
2020-001 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Office, Mailstop EE-5B, Petition for
Waiver Case No. 2020-001, 1000 Independence Avenue SW, Washington, DC
20585-0121. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th floor, Washington, DC, 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
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.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at http://www.regulations.gov. All documents in the docket are
listed in the http://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 http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0005. 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 http://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: [email protected].
Ms. Amelia Whiting, 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) 586-2588. Email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE is publishing Hoshizaki's petition for
waiver in its entirety, pursuant to 10 CFR 431.401(b)(1)(iv).\1\ DOE
invites all interested parties to submit in writing by August 24, 2020,
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 Stephen Schaefer, [email protected], 618 Hwy. 74 South,
Peachtree City, GA 30269.
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\1\ The petition did not identify any of the information
contained therein as confidential business information.
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Submitting comments via http://www.regulations.gov. The http://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 http://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 http://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 http://www.regulations.gov
before posting. Normally, comments
[[Page 44530]]
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 http://www.regulations.gov provides after you have
successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://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. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
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, postal mail, or hand delivery/courier 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. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information 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).
Signing Authority
This document of the Department of Energy was signed on July 17,
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, 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 20, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Case Number 2020-001
Interim Waiver Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
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 \3\ of
EPCA established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy efficiency. This equipment includes ACIMs, the subject of this
Interim Waiver Order. (42 U.S.C. 6311(1)(F))
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\2\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (Oct. 23, 2018).
\3\ 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).
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 ACIM is contained in the Code of Federal Regulations
(``CFR'') at 10 CFR 431.134, Uniform Test Methods for the Measurement
of Energy and Water Consumption of Automatic Commercial Ice Makers.
Under 10 CFR 431.401, 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 model for which the waiver was requested contains one or
more design characteristics that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. See 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
[[Page 44531]]
model. See 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. See 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 from the test procedure requirements 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. See 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. See 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.
See 10 CFR 431.401(h)(2).
II. Hoshizaki's Petition for Waiver and Interim Waiver
On January 28, 2020, Hoshizaki filed a petition for waiver and
interim waiver from the test procedure for ACIM set forth at 10 CFR
431.134. Hoshizaki additionally provided technical information to
support its waiver petition in communications to DOE on February 13,
2020, and March 19, 2020.\4\ Hoshizaki noted that the DOE ACIM test
procedure requires that the ice bin of a unit under test be one-half
full of ice prior to the test. Specifically, Hoshizaki cited the test
condition in section 6.5 of American Society of Heating, Refrigerating
and Air-Conditioning Engineers (``ASHRAE'') Standard 29-2009, Method of
Testing Automatic Ice Makers (``ASHRAE Standard 29-2009''), which is
incorporated by reference in the DOE ACIM test procedure. See 10 CFR
431.133 and 431.134(b). Section 6.5 of ASHRAE Standard 29-2009 requires
in relevant part that ``Bins shall be used when testing and shall be
filled one-half full with ice.'' Additionally, the DOE ACIM test
procedure requires, through reference to section 7.2.1 of ASHRAE
Standard 29-2009, that ice produced during the collection period be
``intercepted'' from the half-full bin for the purpose of determining
the capacity of the unit under test.
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\4\ See documents in the Docket No. EERE-2020-BT-WAV-0005
available on http://www.regulations.gov.
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Hoshizaki stated that in the basic models for which it is
requesting a waiver,\5\ the ice bin is situated in a position that is
between the production and dispensing areas of the units. Specifically,
Hoshizaki stated that the basic models are continuous type ice makers
that have a self-contained bin situated just above the evaporator
compartment that produces the ice and that a unique design
characteristic of these models is that the ice is pushed up through the
evaporator directly into the bottom of a bin. Hoshizaki claimed that,
because the ice bin is situated just above the evaporator and that ice
is pushed up through the evaporator directly into the bottom of the
bin, filling the ice bin one-half full of ice prior to the test makes
it impossible to test ice harvest accurately. Hoshizaki stated that all
other ice makers on the market fill ice bins using gravity or a
transport hose to move ice from the evaporator into a bin area, which
allows for placing a container in the ice bin prior to testing to
segregate the ice harvested in the test from the ice added to the ice
bin to satisfy the half-full requirement prior to testing. Hoshizaki
claimed that, because ice is formed in the evaporator and pushed up to
the bottom of the ice bin for the specified models, one cannot
intercept the ice produced during the collection period. Additionally,
Hoshizaki stated that accessing ice through the dispenser further
interferes with separating ice produced during the collection period
from any ice in the bin at the start of the test. Hoshizaki asserted
that the inability to segregate ``fill-ice'' from ``produced ice''
within the bin could lead to inaccurate measurements because of fill-
ice placed in the bin prior to the collection period being captured in
the test sample.
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\5\ The specific basic models for which the petition applies are
ACIM basic models DCM-270BAH and DCM-270BAH-OS. These basic model
names were provided by Hoshizaki in its January 28, 2020 petition.
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The DOE ACIM test procedure also incorporates by reference Air-
Conditioning, Heating, and Refrigeration Institute (``AHRI'') Standard
810-2007 with Addendum 1, Performance Rating of Automatic Commercial
Ice-Makers, (``AHRI 810-2007''). See 10 CFR 431.133 and 431.134(b).
Section 4.1.4 of AHRI 810-2007 requires that the test unit be set up
per the manufacturer's written instructions, and that no adjustments of
any kind shall be made to the test unit prior to or during the test
that would affect the ice capacity, energy usage, or water usage of the
test sample. In its petition for waiver, Hoshizaki requested that the
specified basic models be modified for testing by inserting a bracket
to hold the dispenser shutter open during the test. In response to DOE
questions on this request, Hoshizaki stated that ice is only accessible
to the user through use of the dispenser, and that the dispenser
assembly includes a safeguard that prevents dispensing for longer than
20 seconds when activated by button or sensor. Hoshizaki stated that
the requested bracket installation would hold the dispenser shutter
open, allowing for dispensing of ice throughout the test. Hoshizaki
also asserted that the installation of the bracket rather than typical
dispenser operation does not bypass any typical dispensing motor
operation within the unit.
Hoshizaki 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. See 10 CFR
431.401(e)(2).
Based on the assertions in the petition, absent an interim waiver,
Hoshizaki asserts that the ACIM basic models it identified in its
petition for a waiver cannot be tested and rated for energy consumption
on a basis representative of their actual energy consumption
characteristics. Hoshizaki claimed that it cannot accurately perform
the ice harvest test with the bin half full for the specified models,
as is required by the DOE test procedure (i.e., the ice cannot be
intercepted in the collection container by ``catching'' the ice
produced, as is typically done for gravity-fed ice bins), or without
modifying the test unit to allow for continuous ice collection through
the dispenser.
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,
[[Page 44532]]
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.
Hoshizaki seeks to use an alternate test procedure to test and rate
specific ACIM basic models. Hoshizaki specifically requests to test the
specified basic models by: (1) Removing the front panel to the ice
maker, (2) inserting a bracket to hold the shutter open during test
(shutter must be completely open to allow for dispensing of ice during
test), (3) replacing the front panel, and (4) starting the
stabilization and capacity test with the bin empty.
IV. Interim Waiver Order
DOE has reviewed Hoshizaki's application for an interim waiver, the
alternate test procedure requested by Hoshizaki, specification and
parts sheets for the specified basic models, and additional technical
correspondence.
Based on this review, DOE tentatively agrees with the claims
outlined in Hoshizaki's petition as discussed in section II of this
order, and the alternate test procedure suggested by Hoshizaki appears
to allow for the accurate measurement of the energy use of the
specified basic models, while alleviating the testing problems
associated with Hoshizaki's implementation of DOE's test procedure for
these basic models. Consequently, DOE has determined that Hoshizaki's
petition for waiver likely will be granted. Furthermore, DOE has
determined that it is desirable for public policy reasons to grant
Hoshizaki immediate relief pending a determination of the petition for
waiver.
For the reasons stated, it is Ordered that:
(1) Hoshizaki must test and rate the following Automatic Commercial
Ice Maker (``ACIM'') basic models with the alternate test procedure set
forth in paragraph (2).
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Brand Basic model
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Hoshizaki................................. DCM-270BAH.
Hoshizaki................................. DCM-270BAH-OS.
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(2) The alternate test procedure for the Hoshizaki basic models
identified in paragraph (1) of this Interim Waiver Order is the test
procedure for ACIM prescribed by DOE at 10 CFR 431.134, except that the
test unit setup and initial conditions are modified, as detailed below.
All other requirements of the test procedure at 10 CFR 431.134 and
DOE's regulations remain applicable.
Prior to the start of the test, remove the front panel of the unit
under test and insert a bracket to hold the shutter (which allows for
the dispensing of ice during the test) completely open for the duration
of the test. After inserting the bracket, return the front panel to its
original position on the unit under test. Conduct the test procedure as
specified in 10 CFR 431.134 except that the ice bin for the unit under
test shall be empty at the start of the test and intercepted ice
samples shall be obtained at the outlet of the ice dispenser.
(3) Representations. Hoshizaki may not make representations about
the energy use of a basic model listed in paragraph (1) for compliance,
marketing, or other purposes unless the basic model has been tested in
accordance with the provisions in this alternate test procedure and
such representations fairly disclose the results of such testing
according to the requirements in 10 CFR 429.45.
(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 to Hoshizaki on the
condition that the statements, representations, specification sheets,
and documents provided by Hoshizaki are valid. If Hoshizaki 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 Hoshizaki 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, Hoshizaki may request that DOE rescind or modify the Interim
Waiver Order if Hoshizaki discovers an error in the information
provided to DOE as part 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
Hoshizaki from the certification 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. Hoshizaki may submit a new
or amended petition for waiver and request for grant of interim waiver,
as appropriate, for additional basic models of ACIM. Alternatively, if
appropriate, Hoshizaki 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).
Signed in Washington, DC, on July 17, 2020.
Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency
and Renewable Energy.
HOSHIZAKI AMERICA, INC.
January 28, 2020
U.S. Department of Energy
Building Technologies Program, Test Procedure Waiver
1000 Independence Avenue SW, Mailstop EE-SB,
Washington, DC 20585-0121
Re: Notice of petition for waiver, petition of interim waiver, and
request for public comment
Pursuant to 10 CFR 431.401, Hoshizaki America, Inc. respectfully
requests expedited attention to this Petition for both an interim
waiver and final waiver to modify the DOE test procedure (10 CFR 431
Subpart H) for Hoshizaki America, Inc. in relation to ice/water
dispenser products DCM-270BAH and DCM-270BAH-OS and future iterations.
The reason for this is to amend the test protocol to allow these
products to be tested with an empty bin instead of a half full bin as
directed by ASHRAE 29-2009 Method of Testing Automatic Ice Makers. This
request would allow accurate measurement of the ice produced for the
test in ASHRAE 29-2009 Method of Testing Automatic Ice Makers.
Hoshizaki America, Inc. submits that this product is unique in its
design and it cannot accurately perform the ice harvest test with the
bin half full.
10 CFR 431.401 provides that a manufacturer may submit a petition
to waive a requirement of 10 CFR 431 subpart H upon grounds that the
basic model contains one or more design characteristics which either
prevent testing of the basic model according to the prescribed test
procedures, or the prescribed test procedures may evaluate the basic
model in a matter so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
Hoshizaki America requests that DOE grant this Petition on
[[Page 44533]]
both grounds for the reasons set forth below.
1. Petitioner
Hoshizaki America, Inc. is a subsidiary of Hoshizaki Corporation.
Hoshizaki America's corporate headquarters is located in Peachtree
City, Georgia and was founded in 1986. Hoshizaki is the world leader in
Commercial Ice Makers. Hoshizaki America designs and manufactures
Commercial Ice Makers and Commercial Refrigerators/Freezers in both
Peachtree City, Georgia and Griffin, Georgia. The Brand Name for
Hoshizaki America is Hoshizaki. Additional information can be found at
http://www.hoshizakiamerica.com.
2. Background
The DCM-270BAH and DCM-270BAH-OS are continuous type ice makers
that have a self-contained bin situated just above the evaporator
compartment that produces the ice. These models are manufactured at
Hoshizaki America's Peachtree City, Georgia facility, and are for
dispensing ice and/or water into cups, pitchers, or other serving
apparatuses on demand. A unique design characteristic of this machine
is the ice is pushed up through the evaporator directly into the bottom
of a bin. All other ice makers in the field fill ice bins using gravity
to drop ice from the evaporator or a transport hose downward into a bin
area. With ice dropping downward to the ice bin, one usually places a
container in the ice bin prior to testing to segregate the ice
harvested in the test from ice added to ice bin prior to testing as
required by ASHRAE 29 Method of Testing Automatic Ice Makers. In the
DCM-270BAH and DCM-270BAH-OS, ice is continuously pushed into the
bottom of the ice bin until the quantity of ice in the ice bin reaches
the bin control mechanism that triggers a stop function. This model was
first released to the US market in 1994 as Hoshizaki model DCM-240BAB
and has been updated through various model changes up to the most
recent models DCM-270BAH and DCM-270BAH-OS.
3. Grounds for Waiver
Hoshizaki America's intent is to accurately test the ice harvest,
energy, and water consumption based on the ASHRAE 29 Method of Testing
Automatic Ice Makers test. As stated above, the unique design of the
DCM-270BAH and DCM-270BAH-OS makes it impossible to accurately test ice
harvest if you test as the test standard stipulates with the bin filled
one-half full with ice prior to test. To accurately collect the ice
produced in the time allotted by the ASHRAE 29 test we respectfully
request to start each collection cycle with the ice bin empty. Since
ice is formed in the evaporator and pushed up to the bottom of the ice
bin, one cannot accurately segregate ice placed in the bin prior to the
test from ice made in the collection period. Full instructions are
specified in the following section Requirements Sought to be Waived.
4. Requirements Sought To Be Waived
The DOE test procedure refers to ASHRAE 29 Method of Testing
Automatic Ice Makers for the testing of Automatic Commercial Ice
Makers. The section for which we are requesting a waiver is as follows:
6.5 Bins shall be used when testing and shall be filled one-half
full with ice. Ice makers that convey ice through a conduit to a remote
bin shall be tested with the minimum length of conduit that can be
used.
The issue with the test procedure with regards to this design is
that filling the ice bin of the DCM-270BAH and DCM-270BAH-OS one-half
full of ice prior to the test will cause a problem in being able to
accurately record the ice produced during the test versus the total
amount of ice placed in the bin prior to testing.
Hoshizaki America, Inc. is requesting an interim waiver and final
waiver from this stipulation and requests the following variation to
overcome this issue:
1. Remove front panel to ice maker
2. Insert bracket to hold shutter open during test. Shutter must be
completely open to allow for dispensing of ice during test
3. Replace front panel
4. Start stabilization and capacity test with the bin empty
Hoshizaki America requests that DOE extend the scope of a waiver or
an interim waiver to include future basic models employing the same
technology as the basic models set forth in the original petition
consistent with 10 CFR 431.401.
5. Identification of Basic Models
This Petition for Waiver and Application for Interim Waiver is made
with respect to the Basic Model of an ice/water dispenser that
incorporates a self-contained ice bin above a continuous ice making
system. The system incorporates a dispensing motor to dispense ice to
users on demand.
Specific Basic Models are:
Hoshizaki brand: DCM-270BAH and DCM-270BAH-OS
6. Economic Hardship
Hoshizaki America respectfully acknowledges that the inability to
accurately test the specific models will leave them unable to provide
proper test data to certify the models and list with the U.S.
Department of Energy Compliance Certification Management System (CCMS).
The inability to do so would leave Hoshizaki America unable to sell the
models in the United States and thus cause a significant economic loss.
Further, Hoshizaki America will be at a competitive disadvantage if the
waiver and interim waiver are not approved.
7. Manufacturer's of Similar Products and Affected Manufacturers
To the best of our knowledge, Hoshizaki America is not aware of
other manufacturers in the United States with this unique
characteristic of having an ice bin directly above the ice making
evaporator with ice pushed directly into the bottom of the ice bin.
Other manufacturers that sell commercial ice/water dispensers in
the United States include Follett, Manitowoc, and Scotsman.
8. Likelihood of Success
By granting Hoshizaki America this Waiver and interim waiver,
Hoshizaki America will be able to test the DCM-270BAH and DCM-270BAH-OS
with great accuracy to ASHRAE 29 Method of Testing Automatic Ice
Makers. Hoshizaki America sees no obstacles to accepting this petition.
9. Conclusion
For the above reasons, Hoshizaki America, Inc. requests that the
U.S. Department of Energy grant the above Petition for an interim and
final waiver. Hoshizaki America, Inc. would be pleased to discuss this
petition and provide any additional information that the Department may
require.
Thank you for your help in this matter.
Sincerely yours,
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Stephen Schaefer
[FR Doc. 2020-15984 Filed 7-22-20; 8:45 am]
BILLING CODE 6450-01-P