[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Notices]
[Pages 25658-25663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11937]


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DEPARTMENT OF ENERGY

[Case Number 2017-007, EERE-2017-BT-WAV-0041]


Notice of Petition for Waiver of AHT Cooling Systems GmbH and AHT 
Cooling Systems USA Inc. From the Department of Energy Commercial 
Refrigerator, Freezer, and Refrigerator-Freezer Test Procedures and 
Notice of 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, 
and request for comments.

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SUMMARY: This document announces receipt of and publishes a petition 
for waiver from AHT Cooling Systems GmbH and AHT Cooling Systems USA 
Inc. (``AHT''), seeking a waiver from the U.S. Department of Energy 
(``DOE'') test procedure used for determining the energy consumption of 
commercial refrigerators, freezers, and refrigerator-freezers 
(collectively ``commercial refrigeration equipment''). AHT seeks to use 
an alternate test procedure to address issues involved in testing 
twenty-four commercial freezer basic models, identified by AHT as part 
of its petition, that do not have a defrost cycle when the units are 
operated in freezer mode. (AHT states that the specified units can 
operate as a freezer, ice-cream freezer, and refrigerator.) AHT seeks 
to test and rate the specified basic models using an alternate test 
procedure to account for the lack of any defrost cycles or defrost 
capability when the units are operated in freezer mode. This notice 
announces that DOE grants AHT an interim waiver from the DOE's 
commercial refrigeration equipment test procedure for the specified 
basic models, subject to use of the alternate test procedure as set 
forth in the Interim Waiver Order. DOE solicits comments, data, and 
information concerning AHT's petition and its suggested alternate test 
procedure to inform its final decision on AHT's waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before July 5, 2018.

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 ``2017-007'' and Docket number ``EERE-2017-BT-WAV-0041,'' 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include the case number 
[Case No. 2017-007] in the subject line of the message.
     Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Office, Mailstop EE-5B, Petition for Waiver Case No. 2017-007, 1000 
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 
287-1604. 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. 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 section V 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 https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0041-0001. The docket web page will 
contains simple instruction on how to access all documents, including 
public comments, in the docket. See section V 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. E-mail: 
[email protected].

[[Page 25659]]

    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. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. Title III, Part C 
\2\ of EPCA, added by the National Energy Conservation Policy Act, 
Public Law 95-619, Title IV, Sec.  441(a), established the Energy 
Conservation Program for Certain Industrial Equipment, which sets forth 
a variety of provisions designed to improve energy efficiency. This 
equipment includes commercial refrigeration equipment, the subject of 
this notice. (42 U.S.C. 6311(1)(E)) Further, Part C requires the 
Secretary of Energy to prescribe test procedures that are reasonably 
designed to produce results that measure energy efficiency, energy use, 
or estimated operating costs during a representative average-use cycle, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) 
The test procedure for commercial refrigeration equipment is contained 
in 10 CFR part 431, subpart C, appendix B.
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated as Part A-1.
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    DOE's regulation set forth at 10 CFR 431.401 contain provisions 
that allow an interested person to seek a waiver from the test 
procedure requirements for a particular basic model when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that either (1) 
prevent testing according to the prescribed test procedure, or (2) 
cause the prescribed test procedures to evaluate the basic model in a 
manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 431.401(a)(1). A petitioner must include in its petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption 
characteristics. 10 CFR 431.401(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 431.401(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. 10 CFR 431.401(l). As soon thereafter as practicable, DOE will 
publish in the Federal Register a final rule. Id.
    The wavier process also provides that DOE may 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 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. AHT's Petition for Waiver and Application for Interim Waiver

    On May 16, 2017, AHT filed a petition for waiver and an application 
for interim waiver from the test procedure applicable to commercial 
refrigeration equipment set forth in 10 CFR part 431, subpart C, 
appendix B. AHT petitioned for waiver for twenty-four basic models \3\ 
of commercial freezers. These units are capable of multi-mode operation 
(i.e., as a freezer, ice-cream freezer, and refrigerator). In the 
petition, AHT notes that it has already requested waivers for testing 
this equipment operating in refrigerator mode and ice-cream freezer 
mode, and states that this waiver request applies only to the specified 
basic models operating in freezer mode. AHT states that when operating 
as a freezer, the specified basic models do not have defrosting cycles, 
and one is not possible. AHT states that that the current DOE test 
procedure assumes that commercial refrigerators and freezers have 
cooling or evaporator coils that need to be defrosted; however, the 
configuration of the AHT equipment when operated in freezer mode does 
not allow for a defrost cycle to occur. As such, AHT states that the 
DOE test procedure's provisions that account for a defrost occurrence 
are not appropriate for this equipment when operated and tested as a 
freezer due to their lack of a defrost cycle.
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    \3\ The specific basic models for which the petition applies are 
commercial freezer basic models IBIZA 100 NAM F, IBIZA 145 NAM F, 
IBIZA 210 NAM F, MALTA 145 NAM F, MALTA 185 NAM F, MANHATTAN 175 NAM 
F, MANHATTAN 210 NAM F, MIAMI 145 NAM F, MIAMI 185 NAM F, MIAMI 210 
NAM F, MIAMI 250 NAM F, PARIS 145 NAM F, PARIS 185 NAM F, PARIS 210 
NAM F, PARIS 250 NAM F, SYDNEY 175 NAM F, SYDNEY 210 NAM F, SYDNEY 
213 NAM F, SYDNEY 223 NAM F, SYDNEY 230 NAM F, SYDNEY 250 NAM F, 
SYDNEY XL 175 NAM F, SYDNEY XL 210 NAM F, and SYDNEY XL 250 NAM F.
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    To address the lack of defrost capability, AHT requests that the 
equipment, when operated and tested as a freezer, be subject to an 
alternate test procedure that follows the requirements of the existing 
DOE test procedure, which incorporates by reference ASHRAE 72-2005, 
with the exception that no defrost cycles will be incorporated in the 
test protocols.
    AHT 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).
    DOE understands that, absent an interim waiver, it is not expected 
that AHT's equipment could be tested and rated for energy consumption 
on a basis representative of its true energy consumption 
characteristics. The DOE test procedure specifies test period and door-
opening period start times that reference a defrost occurrence, which 
is not possible in the specified AHT freezer basic models. This lack of 
defrost results in no defined start to either the test period or the 
door-opening period under DOE's test procedure.

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 equipment covered by the statute. (42 U.S.C. 
6314(d)) Consistent representations are important for manufacturers to 
use in making representations about the energy efficiency of their 
equipment and to demonstrate compliance with applicable DOE energy 
conservation standards. Pursuant to its regulations applicable to 
waivers and interim

[[Page 25660]]

waivers from applicable test procedures at 10 CFR 431.401, and after 
consideration of public comments on the petition, DOE will consider 
setting an alternate test procedure for the equipment identified by AHT 
in a subsequent Decision and Order.
    The test procedure for commercial refrigeration equipment is at 10 
CFR part 431, subpart C, appendix B, ``Amended Uniform Test Method for 
the Measurement of Energy Consumption of Commercial Refrigerators, 
Freezers, and Refrigerator-Freezers.'' AHT seeks to use this test 
procedure to test and rate specific commercial freezer basic models, 
except that the test period shall be selected as follows:
    The test shall begin when steady state conditions occur (per ASHRAE 
Standard 72-2005, Section 3, definitions, which defines steady state as 
``the condition where the average temperature of all test simulators 
changes less than 0.2 [deg]C (0.4 [deg]F) from one 24-hour period or 
refrigeration cycle to the next''). Additionally, the door-opening 
requirements shall be as defined in ASHRAE 72-2005 Section 7.2, with 
the exception that the eight-hour period of door openings shall begin 
three hours after the start of the test. Ambient temperature, test 
simulator temperatures, and all other data shall be recorded at three-
minute intervals beginning at the start of the test and throughout the 
24-hour testing period.

IV. Summary of Grant of an Interim Waiver

    DOE has reviewed AHT's application for an interim waiver, the 
alternate test procedure requested by AHT, and the operating manual for 
the commercial freezer basic models.\4\ DOE understands that the 
specified commercial freezer basic models are not capable of 
defrosting. As AHT stated in their petition for waiver, the DOE test 
procedure requires beginning the test period at the start of a defrost 
cycle and recording data for 24 hours, and initiating a door-opening 
period 3 hours after the start of a defrost cycle. As such, for the 
specified basic models, which do not defrost, there is no defined start 
to either the test period or the door-opening period under DOE's test 
procedure. Based on this review, the alternate test procedure that AHT 
proposes appropriately reflects the energy consumption of and is 
appropriate for the commercial freezer basic models identified in AHT's 
petition for waiver. Consequently, it appears likely that AHT's 
petition for waiver will be granted. Furthermore, DOE has determined 
that it is desirable for public policy reasons to grant AHT immediate 
relief pending a determination of the petition for waiver. For the 
reasons stated, DOE has granted an interim waiver to AHT for specified 
commercial freezer basic models.
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    \4\ The petition for waiver and operating manual can be found at 
https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0041.
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    Therefore, DOE has issued an Order, stating:
    (1) AHT must, going forward, test and rate the following AHT 
commercial freezer basic models (which do not have defrost cycle 
capability when operated in freezer mode) as set forth in paragraph (2) 
below:
    IBIZA 100 NAM F, IBIZA 145 NAM F, IBIZA 210 NAM F, MALTA 145 NAM F, 
MALTA 185 NAM F, MANHATTAN 175 NAM F, MANHATTAN 210 NAM F, MIAMI 145 
NAM F, MIAMI 185 NAM F, MIAMI 210 NAM F, MIAMI 250 NAM F, PARIS 145 NAM 
F, PARIS 185 NAM F, PARIS 210 NAM F, PARIS 250 NAM F, SYDNEY 175 NAM F, 
SYDNEY 210 NAM F, SYDNEY 213 NAM F, SYDNEY 223 NAM F, SYDNEY 230 NAM F, 
SYDNEY 250 NAM F, SYDNEY XL175 NAM F, SYDNEY XL210 NAM F, and SYDNEY 
XL250 NAM F.
    (2) The alternate test procedure for the AHT basic models listed in 
paragraph (1) is the test procedure for CRE prescribed by DOE at 10 CFR 
part 431, subpart C, appendix B, except that the test period shall be 
selected as detailed below. All other requirements of Appendix B and 
DOE's regulations remain applicable.
    The test shall begin when steady state conditions occur (per ASHRAE 
Standard 72-2005, Section 3, definitions, which defines steady state as 
``the condition where the average temperature of all test simulators 
changes less than 0.2 [deg]C (0.4 [deg]F) from one 24-hour period or 
refrigeration cycle to the next''). Additionally, the door-opening 
requirements shall be as defined in ASHRAE 72-2005 Section 7.2, with 
the exception that the eight-hour period of door openings shall begin 
three hours after the start of the test. Ambient temperature, test 
simulator temperatures, and all other data shall be recorded at three-
minute intervals beginning at the start of the test and throughout the 
24-hour testing period.
    (3) Representations. AHT is permitted to make representations about 
the energy use of the basic models listed in paragraph (1) for 
compliance, marketing, or other purposes only to the extent that the 
basic models have been tested in accordance with the provisions in the 
alternate test procedure and such representations fairly disclose the 
results of such testing in accordance with 10 CFR part 429, subpart B.
    (4) This interim waiver shall remain in effect according to the 
provisions of 10 CFR 431.401(h) and (k).
    (5) This interim waiver is issued to AHT on the condition that the 
statements, representations, and documentary materials provided by AHT 
are valid. If AHT makes any modifications to the defrost controls or 
capabilities (e.g., adding automatic defrost to freezer mode) of these 
basic models, the waiver would no longer be valid and AHT would either 
be required to use the current Federal test method or submit a new 
application for a test procedure waiver. DOE may revoke or modify this 
waiver at any time if it determines the factual basis underlying the 
petition for waiver is incorrect, or the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, AHT may 
request that DOE rescind or modify the interim waiver if AHT 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) Granting of this interim waiver does not release AHT 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 basic 
models that may be manufactured by the petitioner. AHT may submit a new 
or amended petition for waiver and request for grant of interim waiver, 
as appropriate, for additional basic models of commercial freezers. 
Alternatively, if appropriate, AHT 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).

V. Request for Comments

    DOE is publishing AHT's petition for waiver in its entirety, 
pursuant to 10 CFR 431.401(b)(1)(iv). The petition did not identify any 
information as confidential business information. The petition includes 
a suggested alternate test procedure, as specified in section III of 
this notice, to determine the energy consumption of AHT's specified 
commercial freezer basic models. DOE may consider including the 
alternate

[[Page 25661]]

procedure specified in the Interim Waiver Order in a subsequent 
Decision and Order.
    DOE invites all interested parties to submit in writing by July 5, 
2018, 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 Scott Blake Harris, Harris, Wiltshire & Grannis LLP, 1919 
M Street NW, Eighth Floor, Washington, DC 20036.
    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. 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 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, or mail. Comments and 
documents submitted via email, hand delivery, or 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 mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will 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 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.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    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).

    Signed in Washington, DC, on May 29, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Before the United States Department of Energy Washington, D.C. 20585

    In the Matter of Energy Efficient Program: Test Procedure for 
Commercial Refrigeration Equipment

Docket No. EERE-2013-BT-TP-0025; RIN 1904-AC99

PETITION OF AHT COOLING SYSTEMS FOR FREEZER MODE WAIVER OF TEST 
PROCEDURE FOR COMMERCIAL REFRIGERATION EQUIPMENT

    AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. 
(collectively AHT) \1\ respectfully submit this Freezer Mode Petition 
for Waiver and Application for Interim Waiver \2\ from DOE's test 
procedure for commercial refrigeration equipment.\3\
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    \1\ AHT's U.S. subsidiary is AHT Cooling Systems USA Inc., 3235 
Industry Drive, North Charleston, South Carolina 29418 (tel. 843-
767-6855). AHT's worldwide headquarters are AHT Cooling Systems 
GmbH, Werkgasse 57, 8786 Rottenmann, Austria (tel. 011-43-3614/2451-
0).
    \2\ See 10 C.F.R. Sec.  431.401 (petitions for waiver and 
interim waiver).
    \3\ Id. Part 431, Subpart C, Appendix B.
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    Commercial refrigeration equipment, such as AHT's, has recently 
become subject to a new regulatory regime. This includes new test 
procedures \4\ and

[[Page 25662]]

efficiency standards.\5\ On October 25, 2016,\6\ AHT filed an initial 
Petition for Waiver covering its multi-mode appliances that can 
operate, with the flip of a switch, as either a refrigerator, a 
freezer, or an ice cream freezer. As set forth in that Petition, the 
AHT appliances are also unusual in that their cooling coils are built 
into the body of the units. This means the cooling coils are not 
exposed to the air and do not get covered with frost. This also means 
the coils do not need to be defrosted for the appliances to be operated 
effectively. Rather, any defrost cycle is run for esthetic reasons 
only. As a result, AHT appliances run a defrost cycle less often than 
the testing procedures assumed and needed a modified testing protocol 
to measure energy usage accurately. Thus AHT filed its initial Petition 
for Waiver.
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    \4\ Id. Part 431, Subpart C, Appendix B, as adopted, 79 Fed. 
Reg. 22277 (April 21, 2014).
    \5\ Id. Sec.  431.66, as adopted, 79 Fed. Reg. 17725 (March 28, 
2014).
    \6\ Case No. CR-006.
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    Following the filing of its initial Petition, AHT was advised by 
the Department that each mode in which its appliances operated would 
have to be tested separately, and thus each mode in which an appliance 
operated would have to be listed as a separate model. AHT complied with 
this instruction. Since the initial Petition for Waiver was filed, 
however, AHT decided to change the operation of its appliances when 
they are operating in freezer mode--by eliminating any defrost cycle 
whatsoever. This meant that even the test proposed in its initial 
Petition for Waiver was insufficient to measure the energy usage of the 
AHT appliances when operating in freezer mode. Accordingly, AHT 
requested that ``freezer mode'' be eliminated from the models covered 
by its original waiver Petition.\7\ AHT now seeks a Freezer Mode Waiver 
to cover the testing of its multi-mode appliances when they are 
operating in freezer mode.
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    \7\ See Letter from Scott Blake Harris to Ashley Armstrong, Case 
No. CR-006 (May 2, 2017).
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I. Basic Models for Which a Waiver is Requested

    The basic models for which a waiver is requested are set forth in 
Appendix I. These appliances are all multi-mode display merchandisers 
with transparent doors. They are capable of operating in refrigerator 
mode, freezer mode, and ice cream freezer mode. They are distributed in 
commerce under the AHT brand name. A waiver has already been requested 
for the testing of these appliances operated in refrigerator mode and 
ice cream freezer mode. This waiver is being sought for their operation 
in freezer mode.

II. Need for the Requested Waiver

    The DOE test procedure that would apply to the AHT appliances took 
effect on March 28, 2017. But it should not apply to the models listed 
in Appendix I.
    As noted above, AHT appliances do not need to be defrosted. As 
explained in the initial Petition for Waiver, the DOE test procedure 
understandably assumes that commercial refrigerators and freezers have 
cooling or evaporator coils that need to be defrosted for the equipment 
to function effectively. Indeed, the Technical Support Document for the 
test procedure essentially defines ``defrosting'' to mean melting ice 
from evaporator coils:

As the air in the refrigerated space is cooled, water vapor 
condenses on the surface of the evaporator coil. . . . There are 
several methods available for defrosting the evaporator coil. . .\8\
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    \8\ DOE, Technical Support Document: Energy Efficiency Program 
for Consumer Products and Commercial and Industrial Equipment; 
Commercial Refrigeration Equipment (Feb. 2014), Sec.  3.3.1.11 
(Defrost Cycle; Defrost Mechanism).

    In addition, the ASHRAE test procedure mandated by the DOE 
regulations provides that the defrost adequacy assurance test ``shall 
verify that any defrost setting and arrangement is adequate to melt all 
frost and ice from coils and flues and drain it out of the 
refrigerator.'' \9\ Based on the assumption that all refrigerators and 
freezers that have evaporator coils from which frost must be melted 
regularly in order to function, the test procedure calls for starting 
testing with a full defrost cycle, and may require additional defrost 
cycles in a 24-hour period before the test is complete (depending on 
the expected operation of the model).
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    \9\ ANSI/ASHRAE Standard 72-2005, ``Method of Testing Commercial 
Refrigerators and Freezers,'' Sec.  7.8 (Defrost Adequacy 
Assurance). ASHRAE 72-2005 is incorporated by reference in the DOE 
test procedure. 10 C.F.R. Sec.  431.63(d)(1).
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    But as currently configured, the AHT multi-mode appliances 
operating in freezer mode have no defrost cycle and one is not 
possible. As a result, the test procedure, which provides for at least 
one full defrost cycle in a 24-hour period is not appropriate for these 
models. It would grievously overstate their energy consumption.
    Accordingly, AHT asks for a waiver to test its multi-mode 
appliances in freezer mode without a defrost cycle. It would continue 
to test these appliances in refrigerator and ice cream freezer mode as 
set forth in its initial Petition, or as that test is modified by any 
initial waiver granted by the Department.

III. Proposed Alternate Test Procedure

    Under the applicable DOE regulations, the testing protocol that 
would otherwise be applicable to the freezer mode of AHT's multi-mode 
appliances is set forth in ASHRAE 72- 2005, Method of Testing 
Commercial Refrigerators and Freezers. It requires including defrost 
cycles during the 24-hour test period.
    Since the freezer mode of AHT's multi-mode appliances has no 
defrost cycle, the proposed alternate testing procedure for the freezer 
mode follows the requirements of ASHRAE 72-2005 with the exception that 
no defrost cycles will be included in the testing protocol. As a 
result, no direct or indirect \10\ energy consumption associated with 
defrost operations will be included in the evaluation of the Daily 
Energy Consumption (DEC). Under the proposed alternate testing 
procedure, the test shall begin when steady state conditions occur.\11\ 
In addition, the alternate testing procedure uses the same requirements 
for door opening defined in ASHRAE 72-2005 Section 7.2, with the 
exception that the eight-hour period of door openings shall begin three 
hours after the start of the test. Ambient temperature, test simulator 
temperatures, and allother data shall be recorded at three-minute 
intervals beginning at the start of the test and throughout the 24-hour 
testing period.
---------------------------------------------------------------------------

    \10\ Indirect energy consumption refers to the energy used 
during temperature pulldown after defrosting.
    \11\ Per ASHRAE 72-2005, steady state is defined as ``the 
condition where the average temperature of all test simulators 
changes less than 0.2[deg]C (0.4[deg]F) from one 24-hour period or 
refrigeration cycle to the next'' (see ASHRAE 72, Section 3, 
Definitions).
---------------------------------------------------------------------------

IV. Request for Interim Waiver

    AHT also requests an interim waiver for its testing and rating of 
the basic models listed in Appendix I. Based on its merits, AHT's 
Freezer Mode Petition for Waiver is likely to be granted. Further, it 
is essential that an interim waiver be granted, because without waiver 
relief, AHT will be at a competitive disadvantage in the market for 
these important products and would suffer economic hardship. AHT would 
be subject to requirements that clearly should not apply to such 
products.

V. Other Manufacturers

    A list of manufacturers of all other basic models distributed in 
commerce in the United States and known to AHT to incorporate overall 
design characteristic(s) similar to those found in the basic model(s) 
that are the subject

[[Page 25663]]

of the petition is set forth in Appendix II.
* * * * *
    AHT requests expedited treatment of the Petition and Application.

Respectfully submitted,

Scott Blake Harris
John A. Hodges
Harris, Wiltshire & Grannis LLP
1919 M Street, NW Washington, DC 20036
(202) 730-1313
Counsel to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc.

May 16, 2017

Appendix I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models that are 
manufactured by AHT \12\:
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    \12\ The ``F'' designation--for Freezer Mode--will appear only 
in CCMS and not on the units themselves.
---------------------------------------------------------------------------

IBIZA 100 NAM F
IBIZA 145 NAM F
IBIZA 210 NAM F
MALTA 145 NAM F
MALTA 185 NAM F
MANHATTAN 175 NAM F
MANHATTAN 210 NAM F
MIAMI 145 NAM F
MIAMI 185 NAM F
MIAMI 210 NAM F
MIAMI 250 NAM F
PARIS 145 NAM F
PARIS 185 NAM F
PARIS 210 NAM F
PARIS 250 NAM F
SYDNEY 175 NAM F
SYDNEY 210 NAM F
SYDNEY 213 NAM F
SYDNEY 223 NAM F
SYDNEY 230 NAM F
SYDNEY 250 NAM F
SYDNEY XL175 NAM F
SYDNEY XL210 NAM F
SYDNEY XL250 NAM F

Appendix II

    The following are manufacturers of all other basic models 
distributed in commerce in the United States and known to AHT to 
incorporate overall design characteristic(s) similar to those found 
in the basic model(s) that are the subject of the petition for 
waiver.

AMF Sales & Associates (importing LUCKDR)
ARNEG USA
Avanti Products LLC
Beverage Air
Dellfrio (importing Liebherr cabinets)
Electrolux Home Products
Excellence
Fogel de Centroamerica S.A.
Foshan City Shunde District Sansheng Electrical Manufacture Co., 
Ltd.
Hillphoenix
Hussmann
Innovative DisplayWorks Inc.
Jiangsu Baixue Electric Appliances Co., Ltd.
Metalfrio Solutions Mexico S.A.
Mimet S.A.
Minus Forty Technologies Corp.
MTL Cool
Novum USA
Ojeda USA Panasonic
PREMIERE Corporation
Sanden Vendo
Silver King
Stajac Industries
Thermell Manufacturing
True Manufacturing Co.
Turbo-Air
Vestfrost Solutions

[FR Doc. 2018-11937 Filed 6-1-18; 8:45 am]
 BILLING CODE 6450-01-P