[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53460-53462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23096]


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DEPARTMENT OF ENERGY

[Case Number 2017-009; EERE-2017-BT-WAV-0040]


Energy Conservation Program: Decision and Order Granting a Waiver 
to Jamison Door Company From the Department of Energy Walk-in Cooler 
and Walk-in Freezer Doors 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 Number 2017-009) that grants to Jamison Door 
Company (``Jamison'') a waiver from specified portions of the DOE test 
procedure for determining the energy consumption of walk-in cooler and 
walk-in freezer doors (``walk-in door'') basic models. Under the 
Decision and Order, Jamison is required to test and rate specified 
basic models of its walk-in doors in accordance with the alternate test 
procedure specified in the Decision and Order.

DATES: The Decision and Order is effective on October 23, 2018. The 
Decision and Order will terminate upon the compliance date of any 
future

[[Page 53461]]

amendment to the test procedure for walk-in doors located at 10 CFR 
part 431, subpart R, appendix A that addresses the issues presented in 
this waiver. At such time, Jamison must use the relevant test procedure 
for this equipment for any testing to demonstrate compliance with the 
applicable 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. 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. 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 Jamison with a waiver from the applicable test procedure 
in 10 CFR part 431, subpart R, appendix A for specified basic models of 
walk-in doors, provided that Jamison tests and rates such equipment 
using the alternate test procedure specified in the Decision and Order. 
Jamison's representations concerning the energy consumption of the 
specified basic models must be based on testing according to 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 December 24, 
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 October 15, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case # 2017-009

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 the U.S. Department of Energy (``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 walk-in cooler and walk-in freezer doors (``walk-in 
doors''), 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 EPCA include definitions (42 
U.S.C. 6311), energy conservation standards (42 U.S.C. 6313), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
and the authority to require information and reports from 
manufacturers (42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about 
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE 
must use these test procedures to determine whether the 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 a 
covered equipment during a representative average use cycle and 
requires that test procedures not be unduly burdensome to conduct. 
(42 U.S.C. 6314(a)(2)) The test procedure for walk-in doors is 
contained in the Code of Federal Regulations (``CFR'') at 10 CFR 
part 431, subpart R, appendix A, Uniform Test Method for the 
Measurement of Energy Consumption of the Components of Envelopes of 
Walk-In Coolers and Walk-In Freezers (``Appendix A'').
    Under 10 CFR 431.401, any interested person may submit a 
petition for waiver from DOE's test procedure requirements. DOE will 
grant a waiver from the test procedure requirements if DOE 
determines either that the basic model for which the waiver was 
requested contains a design characteristic that prevents testing of 
the basic model according to the prescribed test procedures, or that 
the prescribed test procedures evaluate the basic model in a manner 
so unrepresentative of its true energy consumption characteristics 
as to provide materially inaccurate comparative data. 10 CFR 
431.401(a)(1). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 
431.401(f)(2).

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

    By letter dated July 26, 2017, Jamison submitted 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.\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 percent time off (``PTO'') value. 10 CFR part 
431, subpart R, appendix A, section 4.5.2. Section 4.5.2 of appendix 
A 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. Id. 
The walk-in door basic models specified by Jamison in its petition 
\4\ are designed with door motors, which are considered ``other 
electricity-consuming devices'' with demand-based controls. In its 
petition for waiver, Jamison suggested applying a PTO value of 93.5% 
to the door motors in the specified basic models, which move doors 
at a speed of at least 12 inches per second (``in/s'') or faster. 
Jamison asserted that the current PTO value overestimates the time 
that the specified motorized door models are in operation, and 
stated that a PTO value of 25% would imply that the door motor is 
running 18 hours per day. Jamison stated that this estimated value 
of energy use is unrealistic and unrepresentative of the actual 
energy use of its equipment. Jamison further stated that, based on 
the typical door motor use pattern

[[Page 53462]]

of the specified walk-in doors, its proposed PTO value of 93.5% 
would more accurately reflect the specified basic models' door motor 
energy consumption.
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    \3\ Jamison's petition for waiver and petition for interim 
waiver can be found in the regulatory docket at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0040-0002.
    \4\ Due to the lengthy list of affected walk-in door basic 
models in Jamison's July 26, 2017 petition, DOE is making the 
complete list publicly available in the relevant regulatory docket. 
The specific basic models identified in Appendix I of the petition 
can be found in the docket at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0040-0002.
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    On June 19, 2018, DOE published a notice that announced its 
receipt of the petition for waiver and granted Jamison an interim 
waiver. 83 FR 28422 (``Notice of Petition for Waiver''). In the 
Notice of Petition for Waiver, DOE presented Jamison's claim that 
the results from testing the specified basic models according to 
Appendix A are unrealistic and unrepresentative of actual energy 
usage because of the assigned PTO value. DOE also summarized 
Jamison's requested alternate test procedure, which would require 
testing the specified basic models according to Appendix A, except 
that the PTO value for door motors would be modified from 25% to 
93.5% for freight and passage doors.
    As explained in the Notice of Petition for Waiver, DOE analyzed 
the technical performance data provided by Jamison, and noted that 
Jamison's petition sought to apply the same PTO value to its 
specified basic models that are 24 to 288 inches (i.e. 2 to 24 feet) 
wide and have motors driven at a minimum speed of 12 in/s. Even when 
assuming the most energy consumptive scenario would apply, DOE 
concluded that the proposed 93.5% PTO for the specified basic models 
was appropriate and agreed with Jamison that for the door motors 
used in those basic models, the proposed PTO was more representative 
of actual energy use than the currently required PTO value of 25%.
    In the Notice of Petition for Waiver, DOE also solicited 
comments from interested parties on all aspects of the petition and 
the specified alternate test procedure. In response, DOE received 
one comment from Hussmann Corporation (``Hussmann'').\5\ Hussmann 
supported Jamison's request and methodology for an alternate test 
procedure to account for an electrical door opening device used with 
a demand-based controller. It asserted that the analysis arriving at 
a 93.5% PTO value is sound for the product and use specified. 
Hussmann added that ``door products used in other applications,'' 
such as control devices that remove moisture in areas of high 
humidity, may also warrant variations in the PTO.
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    \5\ The Hussmann Corporation comment can be found in the docket 
at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0040.
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    DOE notes that a Decision and Order applies only to those basic 
models specified in the Order. The PTO values specified by the 
waiver methodology are appropriate for the basic models that are the 
subject of the petition. Jamison requested PTO values based on the 
characteristics of the basic models specified in its petition. 
Jamison's petition for waiver did not require DOE to consider or 
evaluate PTO values for applications other than the door motors in 
the specified basic models. Accordingly, DOE is treating Hussmann's 
comments on this point to apply more generally than to the specific 
waiver request at issue. DOE will consider this issue in greater 
detail if it should decide to amend the walk-in door test procedure 
in the future.
    For the reasons explained here and the Notice of Petition for 
Waiver, DOE understands that absent a waiver, the basic models 
identified by Jamison 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 Jamison and concludes that it will allow for 
the accurate measurement of the energy use of the equipment, while 
alleviating the testing problems associated with Jamison's 
implementation of DOE's applicable walk-in door test procedure for 
the specified basic models. Thus, DOE is requiring that Jamison test 
and rate the specified walk-in doors basic models according to the 
alternate test procedure specified in this Decision and Order, which 
is identical to the procedure provided in the interim waiver.
    This Decision and Order applies only to the basic models listed 
and does not extend to any other basic models. DOE evaluates and 
grants waivers for only those basic models specifically set out in 
the petition, not future models that may be manufactured by the 
petitioner.
    Jamison 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). Jamison 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 or rescind 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, Jamison 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). Further, the waiver is conditioned upon the 
validity of the door motor performance characteristics, statements, 
representations, and documentation provided by Jamison.

III. Order

    After careful consideration of all the material that was 
submitted by Jamison in this matter and the comment received, it is 
ORDERED that:
    (1) Jamison must, as of the date of publication of this Order in 
the Federal Register, test and rate the walk-in doors basic models 
listed in Appendix I of its July 26, 2017 petition as provided in 
Docket Number EERE-2017-BT-WAV-0040 \6\ with the alternate test 
procedure as set forth in paragraph (2).
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    \6\ Available at: https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&D=EERE-2017-BT-WAV-0040.
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    (2) The alternate test procedure for the Jamison basic models 
referenced in paragraph (1) of this Order is the test procedure for 
walk-in doors prescribed by DOE at 10 CFR part 431, subpart R, 
appendix A, except that the PTO value specified in section 4.5.2 
``Direct Energy Consumption of Electrical Components of Non-Display 
Doors'' shall be 93.5% for door motors. All other requirements of 10 
CFR part 431, subpart R, appendix A and DOE's regulations remain 
applicable.
    (3) Representations. Jamison may not make representations about 
the energy use of the basic models referenced in paragraph (1) of 
this Order for compliance, marketing, or other purposes unless the 
basic model has been tested in accordance with the provisions set 
forth above and such representations fairly disclose the results of 
such testing in accordance with 10 CFR part 431, subpart R, appendix 
A and 10 CFR part 429, subpart B, as specified in this Order.
    (4) This waiver shall remain in effect according to the 
provisions of 10 CFR 431.401.
    (5) This waiver is issued on the condition that the statements, 
representations, and documentation provided by Jamison are valid. If 
Jamison makes any modifications to the controls or configurations of 
these basic models, the waiver will no longer be valid and Jamison 
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. 10 CFR 
431.401(k)(1). Likewise, Jamison may request that DOE rescind or 
modify the waiver if Jamison 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).
    (6) Granting of this waiver does not release Jamison from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on October 15, 2018.

Kathleen B. Hogan, Ph.D.

Deputy Assistant Secretary for Energy Efficiency Energy Efficiency 
and Renewable Energy

[FR Doc. 2018-23096 Filed 10-22-18; 8:45 am]
 BILLING CODE 6450-01-P