[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28211-28217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13015]


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DEPARTMENT OF ENERGY

[Case No. 2018-001]


Notice of Petition for Waiver of HH Technologies From the 
Department of Energy Walk-in Cooler and Walk-in Freezer Test Procedure, 
and Notice of Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver, notice of 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, HH Technologies, which seeks an exemption from 
specified portions of the U.S. Department of Energy (``DOE'') test 
procedure used for determining the energy consumption of walk-in cooler 
and walk-in freezer doors (collectively, ``walk-in doors''). HH 
Technologies seeks to use an alternate test procedure to address issues 
involved in testing the basic models identified in its petition. HH 
Technologies asserts in its petition that the percent time off 
(``PTO'') value specified in the test procedure for walk-in door motors 
is unrepresentative of actual performance and causes the test procedure 
to over-estimate the energy use of the motors used in the specified 
walk-in door basic models. Accordingly, HH Technologies seeks to test 
and rate the basic models identified in its petition using an alternate 
PTO value for walk-in door motors. DOE is granting HH Technologies an 
interim waiver from the DOE's walk-in door test procedure for its 
specified basic models, subject to use of the alternative test 
procedure as set forth in this document. DOE solicits comments, data, 
and information concerning HH Technologies' petition and its suggested 
alternate test procedure to inform its final decision on HH 
Technologies' waiver request.

DATES: DOE will accept comments, data, and information with respect to 
the HH Technologies Petition until July 18, 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 ``2018-001,'' and Docket number ``EERE-2018-BT-WAV-0001,'' 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected] Include the case number 
[Case No. 2018-001] in the subject line of the message.
     Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case 
No. 2018-001, 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, Room 6055, Washington, DC 20024. If possible, please 
submit all items on a compact disc (``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 http://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001. The docket web page 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, Building Technologies Office, Mailstop EE-5B, 1000 Independence

[[Page 28212]]

Avenue SW, Washington, DC 20585-0121. Email: 
[email protected].
    Mr. Michael Kido, 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) 586-8145. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``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, sec. 441 (Nov. 9, 1978), 
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 walk-in coolers and walk-in freezers, the focus of 
this document. (42 U.S.C. 6311(1)(G))
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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 redesignated as Part A-1.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of the Act 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 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 must 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 reflecting the energy efficiency, energy use, or estimated 
annual operating costs 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 walk-in doors is contained in 
10 CFR part 431, subpart R, appendix A.
    The regulations set forth in 10 CFR 431.401 provide that upon 
receipt of a petition, 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 a design characteristic that prevents 
testing of the basic model according to the prescribed test procedure, 
or that the prescribed test procedure evaluates 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(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id.
    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 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. HH Technologies' Petition for Waiver and Application for Interim 
Waiver

    On January 9, 2018, HH Technologies filed a petition for waiver and 
a petition for interim waiver from the test procedure applicable to 
walk-in doors set forth in 10 CFR part 431, subpart R, appendix A. (HH 
Technologies, No. 1 at pp. 1-7 \3\) Appendix A accounts for the power 
consumption of all electrical components associated with each door and 
discounts the power consumption of electrical components based on their 
operating time by an assigned PTO value. 10 CFR part 431, subpart R, 
appendix A, section 4.5.2. Section 4.5.2 specifies a PTO of 25% for 
``other electricity-consuming devices'' (i.e., electrical devices other 
than lighting or anti-sweat heaters) that have demand-based controls, 
and a PTO of 0% for other electricity-consuming devices without a 
demand-based control. As described in its petition, the walk-in door 
basic models specified by HH Technologies are automated and designed 
with microprocessor controls that use motion sensor inputs to trigger a 
door motor, which is considered to fall within the category of ``other 
electricity-consuming devices with demand-based control.'' \4\ HH 
Technologies states that the controller standby power is continuous 
with motor power consumed solely for door openings and closing.
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    \3\ A notation in this form provides a reference for information 
that is in the docket for this test procedure waiver (Docket No. 
EERE-2018-BT-WAV-0001) (available at http://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001). This notation indicates that the 
statement preceding the reference is document number 1 in the docket 
and appears at pages 1-7 of that document.
    \4\ The specific walk-in door basic models that are subject of 
the petition for waiver and application for interim waiver are 
included in HH Technologies' petition, which is reproduced at the 
end of this document. It is also available in the docket at http://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001.
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    In its petition, HH Technologies states that the DOE test procedure 
does not represent the power consumption saved by automated door 
controls in high traffic applications. HH Technologies notes that its 
performance data show that its doors are cycled (i.e., opened and 
closed) between 100 and 300 times per day. HH Technologies adds that 
the doors specified in its petition have a 10-second cycle time (5 
seconds to open and 5 seconds to close). Assuming door-cycling 
frequency at the upper end of the range (300 cycles per day), HH 
Technologies calculates that the total run time of the motor would be 
approximately 50 minutes (0.83 hours)

[[Page 28213]]

per day. HH Technologies states that for the remaining 23.2 hours, the 
drive motor is disengaged and the controller is on standby. Based on 
this standby time, HH Technologies petitioned DOE to apply a PTO value 
of 96% for the automated walk-in door motors of the basic models 
specified in its petition.
    DOE understands that absent an interim waiver, the specified basic 
models cannot be tested and rated for energy consumption on a basis 
representative of their true energy consumption characteristics. The 
doors specified in its petition are motor-operated with a demand-based 
control. As described by HH Technologies the motor does not operate for 
96% of the day, but the DOE test procedure specifies a 25% PTO value 
for this type of electrical device. While DOE believes the energy 
consumption from the motor and controls should be accounted for as part 
of the door's daily energy consumption, DOE agrees with HH Technologies 
that the PTO value specified by the test procedure would grossly 
overestimate the power consumption associated with the motor and 
controls.
    In assessing HH Technologies' proposed PTO value, DOE considered 
the key factors affecting the daily run time of a door motor: The 
door's length of motion, motor speed, and use frequency. In addition to 
the material submitted by HH Technologies, DOE reviewed HH 
Technologies' public-facing materials, including websites, product 
specification sheets, and installation and operation manuals. DOE used 
these materials in its assessment of HH Technologies' proposed PTO. All 
materials reviewed by DOE can be found in the docket.\5\
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    \5\ The docket is available at http://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001.
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    First, DOE considered the length of motion for the models listed in 
the petition. All of the models listed in HH Technologies' waiver are 
in either the RS-500 or RS-600 series of its RollSeal brand. Unlike 
typical horizontally-sliding walk-in doors, RollSeal doors consist of 
three layers of fabric that are rolled vertically from the top of the 
door frame to the floor, where a seal is created. Therefore, the length 
of motion for RollSeal doors is equivalent to the door height. HH 
Technologies' petition proposes to apply a uniform PTO value to all of 
the listed basic models, with heights ranging from 60 to 144 inches for 
RS500 models and 84 to 144 inches for RS600 models. Therefore, assuming 
the most consumptive scenario, DOE used the tallest door height, i.e. 
longest length of motion (144 inches), to evaluate HH Technologies' 
proposed PTO.
    Second, DOE considered the motor speed for the models listed in the 
petition. HH Technologies' product literature indicates that both RS-
500 and RS-600 models are sold with multiple options for raising the 
door--both motorized and non-motorized: Intelli-Drive/SC325 (``Intelli-
Drive'') motor, Jackshaft Operator Gear Head (``Jackshaft'') motor, or 
Manual Chain Hoist (not electricity-consuming and therefore not 
considered).\6\ HH Technologies' product literature indicates that the 
door speed differs between motor options--the Jackshaft motor option 
has a slower listed door speed for all models listed in the waiver, 
operating at 10 inches per second for RS-500 models and 20 inches per 
second for RS-600 models. HH Technologies did not specify a motor type 
in its petition and therefore DOE understands that HH Technologies 
intends to apply a uniform PTO value to all of the listed basic models, 
irrespective of motor type. Therefore, assuming the most consumptive 
scenario, DOE used the slowest motor available for the listed models 
(RS-500 Jackshaft motor, 10 inches per second) to evaluate HH 
Technologies' proposed PTO.
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    \6\ Docket items 2-5, available at http://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001.
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    Finally, DOE considered the use frequency of the types of doors 
listed in HH Technologies petition. Although not in the context of 
electricity-consuming devices, DOE previously considered the 
operational characteristics of passage and freight doors in proposing a 
procedure to determine the energy use associated with infiltration 
resulting from the opening of the walk-in doors. 75 FR 55068, 55085 
(September 9, 2010) (``September 2010 SNOPR'') (supplemental proposal 
discussing potential assumptions to apply to address air infiltration 
across door types). In that context, DOE proposed, based on market 
research and stakeholder feedback, that passage and freight doors have 
60 and 120 openings per day, respectively. Id.\7\ DOE used its 
previously proposed use frequencies as a reference point for evaluating 
HH Technologies' petition. Some of the models listed in the petition 
meet the definition of a freight door, ``a door that is not a display 
door and is equal to or larger than 4 feet wide and 8 feet tall'' (10 
CFR 431.302). Therefore, assuming the most consumptive scenario, DOE 
counted 120 cycles per day to evaluate HH Technologies' proposed PTO.
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    \7\ DOE's prior consideration did not distinguish between 
motorized and non-motorized doors and DOE ultimately declined to 
include door opening infiltration measurements of the test procedure 
for walk-ins. See 76 FR 21580, 21595 (April 15, 2011).
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    In order to evaluate the PTO value HH Technologies requested to 
use, DOE used the door characteristics DOE identified in its review of 
HH Technologies marketing materials and the door use frequency DOE 
proposed in the September 2010 SNOPR to calculate a PTO value for 
comparison. Applying the most consumptive scenario as discussed above, 
i.e. a 144-inch-tall RS500 door with a motor speed of 10 inches per 
second that undergoes 120 cycles per day, would yield a PTO value of 
96%, which is consistent with the value set forth in HH Technologies' 
petition. Accordingly, DOE believes that the PTO value that HH 
Technologies seeks to use is appropriate.
    In its petition, HH Technologies also noted that the door 
controller continuously draws a small amount of standby power. DOE 
assumes that the controller standby power consumption is negligible 
relative to motor power consumption during opening and closing 
operations (i.e., the controller has a low amount of energy use 
relative to the energy use of the motor used to open and close the 
door). Therefore, DOE believes that the proposed PTO value, which was 
calculated assuming a conservatively high door use frequency, 
sufficiently captures this minimal standby power consumption.
    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). As discussed above, under the current DOE test 
procedure, the specified HH Technologies basic models cannot be tested 
and rated for energy consumption on a basis representative of their 
true energy consumption characteristics. The PTO value suggested by HH 
Technologies allows for an accurate estimation of its walk-in door 
motor's energy use, and alleviates the problems with walk-in door 
testing identified by HH Technologies for the basic models specified in 
its petition. Thus, it appears likely that HH Technologies' petition 
for waiver will be granted. Furthermore, DOE has determined that it is 
desirable for public policy reasons to grant HH Technologies immediate 
relief pending a determination of the petition for waiver.

[[Page 28214]]

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of products 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 
products and to demonstrate compliance with applicable DOE energy 
conservation standards. Pursuant to its regulations applicable to 
waivers and interim 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 HH Technologies in a subsequent Decision and Order.
    In its petition, HH Technologies suggests that the basic models 
listed in its petition be tested according to the test procedure for 
walk-in doors prescribed by DOE at 10 CFR part 431, subpart R, appendix 
A, except that the PTO value for door motors is modified from 25% to 
96% for freight and passage doors.

IV. Summary of Grant of an Interim Waiver

    For the reasons stated above, DOE is granting HH Technologies an 
interim waiver for the walk-in door basic models specified in its 
petition. DOE's Interim Waiver Order lists the basic models to which 
the interim waiver applies, and provides that the applicable method of 
test for those basic models is the test procedure for walk-in doors 
prescribed by DOE at 10 CFR part 431, subpart R, appendix A, except 
that the PTO specified in section 4.5.2 ``Direct Energy Consumption of 
Electrical Components of Non-Display Doors'' of that procedure is 96% 
for door motors rather than the prescribed 25%.
    HH Technologies is required to use the alternate test procedure to 
test and rate the walk-in door basic models as specified in DOE's 
Interim Waiver Order. HH Technologies is permitted to make 
representations of the energy use of the specified basic models for 
compliance, marketing, or other purposes only to the extent that such 
products have been tested in accordance with the provisions set forth 
in the alternate test procedure and such representations fairly 
disclose the results of such testing in accordance with 10 CFR 429.53.
    DOE evaluates and grants 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. HH Technologies 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). In addition, DOE notes that granting of an interim waiver 
or waiver does not release a petitioner from the certification 
requirements set forth at 10 CFR part 429. See also 10 CFR 431.401(a) 
and (i).
    Unless otherwise rescinded or modified, the interim waiver shall 
remain in effect until such time as when DOE amends the test procedure 
to address the issues presented in the waiver and use of the amended 
test procedure is required to demonstrate compliance. DOE may rescind 
or modify a waiver or interim waiver at any time upon a determination 
that the factual basis underlying the petition for waiver or interim 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic model's true 
energy consumption characteristics. See 10 CFR 431.401(k)(1). Likewise, 
the petitioner may request that DOE rescind or modify the waiver if the 
petitioner discovers an error in the information provided to DOE as 
part of its petition, determines that the waiver is no longer needed, 
or for other appropriate reasons. See 10 CFR 431.401(k)(2). 
Furthermore, the interim waiver is conditioned upon the validity of the 
door motor performance characteristics, statements, representations, 
and documentary materials provided by HH Technologies.

V. Request for Comments

    DOE is publishing HH Technologies' petition for waiver in its 
entirety, pursuant to 10 CFR 431.401(b)(1)(iv), absent any confidential 
business information. HH Technologies did not request any of the 
information in its petition to be considered confidential business 
information. The petition includes a suggested alternate test 
procedure, as specified in section III of this document, to determine 
the efficiency of HH Technologies' specified basic models of walk-in 
doors. DOE may consider including the alternate procedure specified in 
the Interim Waiver Order in a subsequent Decision and Order.
    DOE invites all interested parties to submit in writing by July 18, 
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 Brian Peppers, [email protected], 1733 County Road 68, 
Bremen, AL 35033.
    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.

[[Page 28215]]

    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 June 8, 2018.
 Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

HH Technologies HH
Technologies
1733 County Road 68
Bremen, AL 35033
21 Dec 2017

U.S. Department of Energy
Building Technologies Office
Test Procedure Waiver
1000 Independence Avenue SW
Mailstop EE-5B
Washington, DC 20585-0121

Petition of HH Technologies for Waiver of the Test Procedure for Walk-
in Cooler Doors

    HH Technologies submits this Petition for Waiver and Application 
for Interim Waiver from DOE's test procedure for walk-in cooler doors 
in accordance with the provisions at 10 CFR 431.401.

Need for the Requested Waiver and Proposed Alternate Test Procedure

    The current DOE test procedure, Appendix A to Subpart R of Part 
431--Uniform Test Method for the Measurement of Energy Consumption of 
the Components of Envelopes of Walk-In Coolers accounts for the thermal 
transmittance of walk-in cooler doors plus the power consumption from 
any electrical components associated with the door. The test procedure 
discounts the power consumption of electrical components based on their 
operating time by an assigned PTO value. Section 4.5.2, Direct Energy 
Consumption of Electrical Components of Non-Display Doors, specifies a 
PTO of 25% for ``other electricity consuming devices'' (i.e., 
electrical devices other than lighting or anti-sweat heaters) that have 
demand based controls, and a PTO of 0% for other electricity consuming 
devices without a demand based control.
    The RollSeal Door is an automated system utilizing microprocessor 
controls and proprietary sealing technology minimizing infiltration 
losses from high traffic loading and unloading of Walk-In Cooler (WIC) 
doors. The microprocessor utilizes motion sensor inputs that trigger a 
door motor output for demand based control. The controller standby 
power is continuous with motor power consumed solely for door openings 
and closing. Standby controller power is minimal while the drive motor 
comprises the largest demand KW. For a typical stand-alone cooler, the 
controller and drive motor are installed external to the cooler.
    The door control sequences, stocking scenarios and typical door 
passages for high traffic applications are described below:
    The microprocessor controller has a delay that will close the door 
after a given time. For the below calculations, this delay is factory 
set to 45 seconds. The door takes 5 seconds to open as well as 5 
seconds to close. The only time the motor is running is during this 5 
second open or close sequence due to the fact that the motor is 
disengaged while the door is in the delay at the top of the cycle. 
Performance data collected over time shows the door is typically cycled 
between 100 and up to 300 times per day depending on the degree of 
traffic. With a total open and close cycle being 10 seconds and this 
cycle being initiated at an upper limit of 300 times per day, the total 
run time of the motor is found to be approximately 50 minutes per day 
or 0.83 hours per day. The remaining 23.2 hours, the drive motor is 
disengaged and the controller is on standby. This 100 to 300 passage 
approximation comes from a combination of all applications from 
Employee Passages to Freight Passages with 300 cycles being the 
conservative upper limit. Table 1 shows PTO Calculations.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                            PTO Calculations
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Door Passages..........................     300  Cycles.
Passage Run Time.......................      10  Seconds.
Total Run Time.........................   50.00  Min/Day.
Total Run Time.........................   0.833  Hr/Day.
Total Standby Time.....................   23.17  Hr/Day.
Percent time off (PTO).................   0.965  N/A.
------------------------------------------------------------------------

Table 1: Percent Time Off Calculations

    As shown in Table 1, the PTO Value is based on the total standby 
time for a given day. The current test procedure for demand based 
controls does not

[[Page 28216]]

represent the power consumption saved by automated door controls in 
high traffic applications. Therefore, HH Technologies requests a waiver 
to use a minimum PTO value of 96% where drive motor ``off time'' is 
over 23 hours even with exceedingly high door cycles. The request 
applies to Section 4.5.2 (a.3). However, it is suggested a stand-alone 
door motor energized only during either opening or closing of the door 
results in a significantly less ``on'' time even with shorter door 
opening cycles.

Request for Interim Waiver

    HH Technologies also request an interim waiver for its models 
listed in this petition. Based on its merits, the petition for waiver 
is likely to be granted. It is essential the interim waiver be granted, 
as HH Technologies plans to distribute models that subject to the 
energy conservation standards for which compliance was required on June 
26, 2017. Without waiver relief, HH Technologies will be at a 
competitive disadvantage in the market for these important products and 
would suffer economic hardship. HH Technologies would be subject to 
requirements which should not be applied to such products.

Basic Models for Which a Waiver is Requested

    The brand(s) and basic models for which a waiver is requested 
include:


------------------------------------------------------------------------
    Brand name(s) under which the
  identified basic model(s) will be             Basic model Nos.
       distributed in commerce
------------------------------------------------------------------------
RollSeal Automated Door System.......  RS-500 D5036x075.
RollSeal Automated Door System.......  RS-500 D5036x090.
RollSeal Automated Door System.......  RS-500 D5042x072.
RollSeal Automated Door System.......  RS-500 D5042X084.
RollSeal Automated Door System.......  RS-500 D5048x060.
RollSeal Automated Door System.......  RS-500 D5048x072.
RollSeal Automated Door System.......  RS-500 D5048x084.
RollSeal Automated Door System.......  RS-500 D5048X090.
RollSeal Automated Door System.......  RS-500 D5054x084.
RollSeal Automated Door System.......  RS-500 D5054x096.
RollSeal Automated Door System.......  RS-500 D5057x102.
RollSeal Automated Door System.......  RS-500 D5060x084.
RollSeal Automated Door System.......  RS-500 D5060x090.
RollSeal Automated Door System.......  RS-500 D5060X096.
RollSeal Automated Door System.......  RS-500 D5060X108.
RollSeal Automated Door System.......  RS-500 D5066x084.
RollSeal Automated Door System.......  RS-500 D5066x108.
RollSeal Automated Door System.......  RS-500 D5071x090.
RollSeal Automated Door System.......  RS-500 D5072x084.
RollSeal Automated Door System.......  RS-500 D5072x090.
RollSeal Automated Door System.......  RS-500 D5072x096.
RollSeal Automated Door System.......  RS-500 D5072x102.
RollSeal Automated Door System.......  RS-500 D5072x105.
RollSeal Automated Door System.......  RS-500 D5072X108.
RollSeal Automated Door System.......  RS-500 D5072x114.
RollSeal Automated Door System.......  RS-500 D5072X120.
RollSeal Automated Door System.......  RS-500 D5072x126.
RollSeal Automated Door System.......  RS-500 D5072x138.
RollSeal Automated Door System.......  RS-500 D5073x092.
RollSeal Automated Door System.......  RS-500 D5078x094.
RollSeal Automated Door System.......  RS-500 D5078x102.
RollSeal Automated Door System.......  RS-500 D5078X108.
RollSeal Automated Door System.......  RS-500 D5084x084.
RollSeal Automated Door System.......  RS-500 D5084x096.
RollSeal Automated Door System.......  RS-500 D5084x102.
RollSeal Automated Door System.......  RS-500 D5084x108.
RollSeal Automated Door System.......  RS-500 D5084x114.
RollSeal Automated Door System.......  RS-500 D5084x120.
RollSeal Automated Door System.......  RS-500 D5084x126.
RollSeal Automated Door System.......  RS-500 D5090x096
RollSeal Automated Door System.......  RS-500 D5090x114.
RollSeal Automated Door System.......  RS-500 D5090x120.
RollSeal Automated Door System.......  RS-500 D5096x090.
RollSeal Automated Door System.......  RS-500 D5096x096.
RollSeal Automated Door System.......  RS-500 D5096x102.
RollSeal Automated Door System.......  RS-500 D5096x114.
RollSeal Automated Door System.......  RS-500 D5096x120.
RollSeal Automated Door System.......  RS-500 D5096x126.
RollSeal Automated Door System.......  RS-500 D5102x096.
RollSeal Automated Door System.......  RS-500 D5102X108.
RollSeal Automated Door System.......  RS-500 D5102x114.
RollSeal Automated Door System.......  RS-500 D5102x120.
RollSeal Automated Door System.......  RS-500 D5102x126.
RollSeal Automated Door System.......  RS-500 D5108x102.
RollSeal Automated Door System.......  RS-500 D5108x108.
RollSeal Automated Door System.......  RS-500 D5118x084.
RollSeal Automated Door System.......  RS-500 D5118x090.
RollSeal Automated Door System.......  RS-500 D5118x096.
RollSeal Automated Door System.......  RS-500 D5118x118.

[[Page 28217]]

 
RollSeal Automated Door System.......  RS-500 D5120x090.
RollSeal Automated Door System.......  RS-500 D5120x102.
RollSeal Automated Door System.......  RS-500 D5120x108.
RollSeal Automated Door System.......  RS-500 D5120x114.
RollSeal Automated Door System.......  RS-500 D5120x120.
RollSeal Automated Door System.......  RS-500 D5120x126.
RollSeal Automated Door System.......  RS-500 D5120x138.
RollSeal Automated Door System.......  RS-500 D5120x144.
RollSeal Automated Door System.......  RS-500 D5123x102.
RollSeal Automated Door System.......  RS-500 D5138x114.
RollSeal Automated Door System.......  RS-500 D5144x144.
RollSeal Automated Door System.......  RS-600 D6048x084.
RollSeal Automated Door System.......  RS-600 D6048x090.
RollSeal Automated Door System.......  RS-600 D6060x096.
RollSeal Automated Door System.......  RS-600 D6060x120.
RollSeal Automated Door System.......  RS-600 D6072x084.
RollSeal Automated Door System.......  RS-600 D6072x090.
RollSeal Automated Door System.......  RS-600 D6072x096.
RollSeal Automated Door System.......  RS-600 D6072x102.
RollSeal Automated Door System.......  RS-600 D6072x108.
RollSeal Automated Door System.......  RS-600 D6078x126.
RollSeal Automated Door System.......  RS-600 D6078x138.
RollSeal Automated Door System.......  RS-600 D6084x102.
RollSeal Automated Door System.......  RS-600 D6084x108.
RollSeal Automated Door System.......  RS-600 D6090x126.
RollSeal Automated Door System.......  RS-600 D6096x090.
RollSeal Automated Door System.......  RS-600 D6096x096.
RollSeal Automated Door System.......  RS-600 D6096x102.
RollSeal Automated Door System.......  RS-600 D6096x108.
RollSeal Automated Door System.......  RS-600 D6096x114.
RollSeal Automated Door System.......  RS-600 D6096x120.
RollSeal Automated Door System.......  RS-600 D6096x126.
RollSeal Automated Door System.......  RS-600 D6108x108.
RollSeal Automated Door System.......  RS-600 D6120x120.
RollSeal Automated Door System.......  RS-600 D6144x108.
RollSeal Automated Door System.......  RS-600 D6144x144.
------------------------------------------------------------------------

Other Manufacturers

    Manufacturers of other basic models distributed in commerce in the 
United States that incorporate design characteristics similar to those 
found in the basic models that are the subject of this petition 
include: ASIDOORS, JAMISON, CHASE DOORS, HERCULES, EDEY, and FRANK.

BRIAN PEPPERS
VP of Product Marketing

[FR Doc. 2018-13015 Filed 6-15-18; 8:45 am]
 BILLING CODE 6450-01-P