[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46148-46152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19852]



[[Page 46148]]

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DEPARTMENT OF ENERGY

[Case No. CR-007]


Energy Conservation Program: Decision and Order Granting a Waiver 
to ITW Food Equipment Group, LLC From the Department of Energy 
Commercial Refrigeration Equipment Test Procedure

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

ACTION: Notice of decision and order.

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SUMMARY: The U.S. Department of Energy (DOE) gives notice of a Decision 
and Order (Case No. CR-007) that grants to ITW Food Equipment Group, 
LLC (ITW) a waiver from specified portions of the DOE test procedure 
for determining the energy consumption of commercial refrigerators, 
freezers, and refrigerator-freezers (collectively, ``commercial 
refrigeration equipment''). Under the Decision and Order, ITW is 
required to test and rate specified basic models of its commercial 
refrigeration equipment in accordance with a specified method.

DATES: The Decision and Order is effective on September 12, 2018. The 
Decision and Order will terminate in conjunction with any future 
updates to the test procedure for commercial refrigeration equipment 
located in 10 CFR part 431, subpart C, appendix B. At such time, ITW 
must use the relevant test procedure for this equipment for any testing 
to demonstrate compliance with standards, and any other representations 
of energy use.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1604. Email: [email protected].
    Ms. Jennifer Tiedeman, 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) 287-6111. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 431.401(f)(2)), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants ITW a waiver from the applicable test procedure in 10 CFR 
part 431, subpart C, appendix B for specified basic models of 
commercial refrigeration equipment, provided that ITW tests and rates 
such equipment using the alternate test procedure specified in the 
Decision and Order. ITW's representations concerning the energy 
consumption of the specified basic models must be based on testing 
consistent with the provisions and restrictions in the alternate test 
procedure set forth in the Decision and Order, and the representations 
must fairly disclose the test results. Distributors, retailers, and 
private labelers are held to the same requirements when making 
representations regarding the energy consumption of this equipment. 42 
U.S.C. 6314(d).
    Consistent with 10 CFR 431.401(j), not later than November 13, 
2018, any manufacturer currently distributing in commerce in the United 
States equipment employing a technology or characteristic that results 
in the same need for a waiver from the applicable test procedure must 
submit a petition for waiver. Manufacturers not currently distributing 
such equipment in commerce in the United States must petition for and 
be granted a waiver prior to the distribution in commerce of that 
equipment in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 431.401.

    Signed in Washington, DC, on September 6, 2018.
Annamaria Garcia,
Director of Weatherization and Intergovernmental Programs, Energy 
Efficiency and Renewable Energy.

Case #CR-007

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (EPCA),\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 established the Energy Conservation Program for Certain Industrial 
Equipment, which sets forth a variety of provisions designed to improve 
energy efficiency for certain types of industrial equipment. This 
equipment includes commercial refrigeration equipment, the focus of 
this document. (42 U.S.C. 6311(a)(1)(E))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through 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 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 energy efficiency, energy use or 
estimated annual operating cost of covered equipment during a 
representative average use cycle or period of use and requires that 
test procedures not be unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2)) The test procedure for commercial refrigeration equipment 
is contained in the Code of Federal Regulations (CFR) 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.''
    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 models for which the waiver was requested contain a 
design characteristic that prevents testing of the basic models 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic models in a manner so 
unrepresentative of their true energy or water consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 431.401(a)(1). DOE may grant the

[[Page 46149]]

waiver, subject to conditions, including adherence to alternate test 
procedures. 10 CFR 431.401(f)(2).

II. ITW's Petition for Waiver: Assertions and Determinations

    By letter dated December 20, 2016 (and supplemented on May 3, 
2017), ITW submitted a petition for waiver and application for interim 
waiver for certain basic models of commercial refrigeration equipment 
that are required to be tested according to DOE's test procedure at 10 
CFR part 431, subpart C, appendix B. Specifically, ITW requested a 
waiver for certain Innopod temperature-controlled grocery and general 
merchandise system (Innopod) basic models of commercial refrigeration 
equipment. On July 19, 2017, DOE published a notice that announced 
receipt of ITW's petition for waiver (hereafter ``notice of petition 
for waiver''), and granted an interim waiver to ITW. 82 FR 33081.
    DOE's current test procedure references Air-Conditioning and 
Refrigeration Institute (ARI) Standard 1200-2006 and Air-Conditioning, 
Heating, and Refrigeration Institute (AHRI) Standard 1200 (I-P)-2010, 
which further references American National Standards Institute/American 
Society of Heating, Refrigerating and Air-Conditioning Engineers (ANSI/
ASHRAE) Standard 72 (incorporated by reference at 10 CFR 431.63(c) and 
(d)). ITW asserted that the current test procedures do not account for 
the unique operating characteristics of its Innopod basic models, 
including floating suction temperatures for individual compartments, 
different typical door-opening cycles, and a high-temperature 
``ambient'' compartment. ITW asserted that its petition meets both 
conditions of 10 CFR 431.401(f)(2) for granting waivers, namely that 
(1) the basic models contain one or more design characteristics that 
prevent testing according to the prescribed test procedures; and (2) 
the prescribed test procedures evaluate the basic models in a manner so 
unrepresentative of its true energy consumption as to provide 
materially inaccurate comparative data. ITW submitted to DOE an 
alternate test procedure that it stated allows for testing its 
specified Innopod basic models.
    ITW's petition recommended an alternate test using an ``inverse 
refrigeration load'' test, various calculations to account for 
refrigeration system and component energy consumption, and adjustments 
to the door opening requirements based on typical use in the field to 
accommodate for the basic models' multiple thermally separated, 
temperature controlled compartments supplied with refrigerant from a 
single condensing unit. ITW's recommended refrigeration system 
calculations rely on the current calculations and assumptions used for 
testing remote condensing commercial refrigeration equipment in 
accordance with the DOE test procedure.
    As noted in the notice of petition for waiver, DOE granted ITW an 
interim waiver and required that ITW test and rate the specified basic 
models according to an alternate procedure. The alternate procedure 
granted by DOE was similar to that requested by ITW, but with minor 
modifications. Those modifications included clarifications of how ITW 
should determine the basic models and adjust certain aspects of the 
requested alternate test procedure regarding ambient test conditions, 
reference to the current version of the AHRI 1200 industry standard, 
and clarifications to certain calculations. 82 FR 33081, 33083-33084. 
DOE received no comments in response to the notice of petition for 
waiver.
    DOE understands that absent a waiver, the basic models identified 
by ITW in its petition cannot be tested and rated for energy 
consumption on a basis representative of their true energy consumption 
characteristics. DOE has reviewed the recommended procedure suggested 
by ITW and concludes that it will allow for the accurate measurement of 
the energy use of the equipment, while alleviating the testing problems 
associated with ITW's implementation of DOE's applicable commercial 
refrigeration equipment test procedure for the specified Innopod basic 
models. However, as in the interim test procedure waiver, DOE has 
clarified how ITW should determine basic models, as discussed in this 
notice, and adjusted certain aspects of the requested alternate test 
procedure regarding ambient test conditions, referenced industry 
standards, and calculations.
    In this Decision and Order, DOE requires that ITW test and rate 
specific basic models of commercial refrigeration equipment according 
to the alternate test procedure specified in this Decision and Order, 
which is identical to that provided by DOE in the interim waiver.
    In its petition, ITW sought a test procedure waiver for certain 
basic models. This Decision and Order is applicable only to the basic 
models listed and does not extend to any other basic models. ITW may 
request that the scope of this waiver be extended to include additional 
basic models that employ the same technology as those listed in this 
waiver. 10 CFR 431.401(g). ITW may also submit another petition for 
waiver from the test procedure for additional basic models that employ 
a different technology and meet the criteria for test procedure 
waivers. 10 CFR 431.401(a)(1).
    DOE notes that it may modify the waiver at any time upon DOE's 
determination that the factual basis underlying the petition for waiver 
is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise, ITW 
may request that DOE rescind or modify the waiver if the company 
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. 10 CFR 431.401(k)(2). As set forth above, the test 
procedure specified in this Decision and Order is not the same as the 
test procedure offered by ITW. If ITW believes that the alternate test 
method it suggested provides representative results and is less 
burdensome than the test method required by this Decision and Order, 
ITW may submit a request for modification under 10 CFR 431.401(k)(2) 
that addresses the concerns that DOE has specified with that procedure. 
ITW may also submit another less burdensome alternative test procedure 
not expressly considered in this notice under the same provision.

III. Order

    After careful consideration of all the material submitted by ITW in 
this matter, it is ordered that:
    (1) ITW must, as of the date of publication of this Order in the 
Federal Register, test and rate the following ITW basic models as set 
forth in paragraph (2) below:
    30-XX-X5-AAAAR, 30-XX-X5-AAARA, 30-XX-X5-AAARR, 30-XX-X5-AAAFA, 30-
XX-X5-AAAFR, 30-XX-X5-AARAA, 30-XX-X5-AARAR, 30-XX-X5-AARRA, 30-XX-X5-
AARRR, 30-XX-X5-AARFA, 30-XX-X5-AARFR, 30-XX-X5-AAFAA, 30-XX-X5-AAFAR, 
30-XX-X5-AAFRA, 30-XX-X5-AAFRR, 30-XX-X5-AAFFA, 30-XX-X5-AAFFR, 30-XX-
X5-ARAAA, 30-XX-X5-ARAAR, 30-XX-X5-ARARA, 30-XX-X5-ARARR, 30-XX-X5-
ARAFA, 30-XX-X5-ARAFR, 30-XX-X5-ARRAA, 30-XX-X5-ARRAR, 30-XX-X5-ARRRA, 
30-XX-X5-ARRRR, 30-XX-X5-ARRFA, 30-XX-X5-ARRFR, 30-XX-X5-ARFAA, 30-XX-
X5-ARFAR, 30-XX-X5-ARFRA, 30-XX-X5-ARFRR, 30-XX-X5-ARFFA, 30-XX-X5-
ARFFR, 30-XX-X5-AFAAA, 30-XX-X5-

[[Page 46150]]

AFAAR, 30-XX-X5-AFARA, 30-XX-X5-AFARR, 30-XX-X5-AFAFA, 30-XX-X5-AFAFR, 
30-XX-X5-AFRAA, 30-XX-X5-AFRAR, 30-XX-X5-AFRRA, 30-XX-X5-AFRRR, 30-XX-
X5-AFRFA, 30-XX-X5-AFRFR, 30-XX-X5-AFFAA, 30-XX-X5-AFFAR, 30-XX-X5-
AFFRA, 30-XX-X5-AFFRR, 30-XX-X5-RAAAA, 30-XX-X5-RAAAR, 30-XX-X5-RAARA, 
30-XX-X5-RAARR, 30-XX-X5-RAAFA, 30-XX-X5-RAAFR, 30-XX-X5-RARAA, 30-XX-
X5-RARAR, 30-XX-X5-RARRA, 30-XX-X5-RARRR, 30-XX-X5-RARFA, 30-XX-X5-
RARFR, 30-XX-X5-RAFAA, 30-XX-X5-RAFAR, 30-XX-X5-RAFRA, 30-XX-X5-RAFRR, 
30-XX-X5-RAFFA, 30-XX-X5-RAFFR, 30-XX-X5-RRAAA, 30-XX-X5-RRAAR, 30-XX-
X5-RRARA, 30-XX-X5-RRARR, 30-XX-X5-RRAFA, 30-XX-X5-RRAFR, 30-XX-X5-
RRRAA, 30-XX-X5-RRRAR, 30-XX-X5-RRRRA, 30-XX-X5-RRRFA, 30-XX-X5-RRFAA, 
30-XX-X5-RRFAR, 30-XX-X5-RRFRA, 30-XX-X5-RRFFA, 30-XX-X5-RFAAA, 30-XX-
X5-RFAAR, 30-XX-X5-RFARA, 30-XX-X5-RFARR, 30-XX-X5-RFAFA, 30-XX-X5-
RFAFR, 30-XX-X5-RFRAA, 30-XX-X5-RFRAR, 30-XX-X5-RFRRA, 30-XX-X5-RFRFA, 
30-XX-X5-RFFAA, 30-XX-X5-RFFAR, 30-XX-X5-RFFRA, 30-XX-X5-FAAAA, 30-XX-
X5-FAAAR, 30-XX-X5-FAARA, 30-XX-X5-FAARR, 30-XX-X5-FAAFA, 30-XX-X5-
FAAFR, 30-XX-X5-FARAA, 30-XX-X5-FARAR, 30-XX-X5-FARRA, 30-XX-X5-FARRR, 
30-XX-X5-FARFA, 30-XX-X5-FARFR, 30-XX-X5-FAFAA, 30-XX-X5-FAFAR, 30-XX-
X5-FAFRA, 30-XX-X5-FAFRR, 30-XX-X5-FRAAA, 30-XX-X5-FRAAR, 30-XX-X5-
FRARA, 30-XX-X5-FRARR, 30-XX-X5-FRAFA, 30-XX-X5-FRAFR, 30-XX-X5-FRRAA, 
30-XX-X5-FRRAR, 30-XX-X5-FRRRA, 30-XX-X5-FRRFA, 30-XX-X5-FRFAA, 30-XX-
X5-FRFAR, 30-XX-X5-FRFRA, 30-XX-X5-FFAAA, 30-XX-X5-FFAAR, 30-XX-X5-
FFARA, 30-XX-X5-FFARR, 30-XX-X5-FFRAA, 30-XX-X5-FFRAR, 30-XX-X5-FFRRA, 
30-XX-X4A-AAAR, 30-XX-X4A-AARA, 30-XX-X4A–AARR, 30-XX-X4A-ARAA, 
30-XX-X4A-ARAR, 30-XX-X4A-ARRA, 30-XX-X4A-ARRR, 30-XX-X4A-AFAA, 30-XX-
X4A-AFAR, 30-XX-X4A-AFRA, 30-XX-X4A-AFRR, 30-XX-X4A-RAAA, 30-XX-X4A-
RAAR, 30-XX-X4A-RARA, 30-XX-X4A-RARR, 30-XX-X4A-RRAA, 30-XX-X4A-RRAR, 
30-XX-X4A-RRRA, 30-XX-X4A-RFAA, 30-XX-X4A-RFAR, 30-XX-X4A-RFRA, 30-XX-
X4A-FAAA, 30-XX-X4A-FAAR, 30-XX-X4A-FARA, 30-XX-X4A-FARR, 30-XX-X4A-
FRAA, 30-XX-X4A-FRAR, 30-XX-X4A-FRRA, 30-XX-X4A-FFAA, 30-XX-X4A-FFAR, 
30-XX-X4A-FFRA, 30-XX-X4B-AAAR, 30-XX-X4B-AARA, 30-XX-X4B-AARR, 30-XX-
X4B-AAFA, 30-XX-X4B-AAFR, 30-XX-X4B-ARAA, 30-XX-X4B-ARAR, 30-XX-X4B-
ARRA, 30-XX-X4B-ARRR, 30-XX-X4B-ARFA, 30-XX-X4B-ARFR, 30-XX-X4B-AFAA, 
30-XX-X4B-AFAR, 30-XX-X4B-AFRA, 30-XX-X4B-AFRR, 30-XX-X4B-AFFA, 30-XX-
X4B-AFFR, 30-XX-X4B-RAAA, 30-XX-X4B-RAAR, 30-XX-X4B-RARA, 30-XX-X4B-
RARR, 30-XX-X4B-RAFA, 30-XX-X4B-RAFR, 30-XX-X4B-RRAA, 30-XX-X4B-RRAR, 
30-XX-X4B-RRRA, 30-XX-X4B-RRFA, 30-XX-X4B-RFAA, 30-XX-X4B-RFAR, 30-XX-
X4B-RFRA, 30-XX-X4B-RFFA, 30-XX-XX-3-AAR, 30-XX-XX-3-ARA, 30-XX-XX-3-
ARR, 30-XX-XX-3-RAA, 30-XX-XX-3-RAR, and 30-XX-XX-3-RRA.
    (2) The applicable method of test for the ITW basic models listed 
in paragraph (1) is the test procedure for commercial refrigeration 
equipment prescribed by DOE at 10 CFR part 431, subpart C, appendix B, 
with the following modifications:
    For the purpose of testing and rating, the Ambient (75 [deg]F) 
compartment is treated as a Medium (Refrigerator at 75 [deg]F) 
compartment. All volume and energy consumption calculations will be 
included within the Medium (Refrigerator 38 [deg]F) category and summed 
with other Medium (Refrigerator 38 [deg]F) compartment(s) calculations. 
Compartments that are convertible between ambient and refrigerator 
temperature ranges shall be tested at the refrigerator temperature (38 
[deg]F). Compartments that are convertible between refrigerator and 
freezer (0 [deg]F) temperature ranges shall be tested at both 
temperatures.
BILLING CODE 6450-01-P

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[GRAPHIC] [TIFF OMITTED] TN12SE18.000


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[GRAPHIC] [TIFF OMITTED] TN12SE18.001

BILLING CODE 6450-01-C
    (3) Representations. ITW may make representations about the energy 
use of the specified basic models of its commercial refrigeration 
equipment for compliance, marketing, or other purposes only to the 
extent that such equipment has been tested in accordance with the 
provisions above and such representations fairly disclose the results 
of such testing in accordance with 10 CFR part 429, subpart B.
    (4) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 431.401.
    (5) This waiver is issued on the condition that the statements, 
representations, and documentation provided by the petitioner are 
valid. If ITW makes any modifications to the controls or configurations 
of these basic models, the waiver will no longer be valid and ITW will 
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. Likewise, ITW may request that DOE rescind 
or modify the waiver if ITW 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.
    (6) Granting of this waiver does not release a petitioner from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on September 6, 2018.

Annamaria Garcia,

Director of Weatherization and Intergovernmental Programs Energy 
Efficiency and Renewable Energy.

[FR Doc. 2018-19852 Filed 9-11-18; 8:45 am]
 BILLING CODE 6450-01-P