[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54581-54583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23669]


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DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. From the 
Department of Energy Commercial Refrigerator, Freezer, and 
Refrigerator-Freezer 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 2017-007) that grants AHT Cooling 
Systems GmbH and AHT Cooling Systems USA Inc. (``AHT'') a waiver from 
specified portions of the DOE test procedure for determining the energy 
consumption of specified commercial refrigerators, freezers, and 
refrigerator-freezers (collectively ``commercial refrigeration 
equipment'') basic models. Under the Decision and Order, AHT is 
required to test and rate the specified basic models of its commercial 
refrigeration equipment in accordance with the alternate test procedure 
specified in the Decision and Order.

DATES: The Decision and Order is effective on October 30, 2018. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for commercial refrigeration 
equipment located at 10 CFR part 431, subpart C, appendix B that 
addresses the issues presented in this waiver. At such time, AHT 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].
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. 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 AHT a waiver from the applicable test procedure in 10 CFR 
part 431, subpart C, appendix B (``Appendix B'') for specified basic 
models of commercial refrigeration equipment, provided that AHT tests 
and rates such equipment using the alternate test procedure specified 
in the Decision and Order. AHT'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 31, 
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 16, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #2017-007

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA''),\1\ 
Public Law 94-

[[Page 54582]]

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 commercial refrigerators, 
freezers, and refrigerator-freezers (collectively ``commercial 
refrigeration equipment''), the focus of this document. (42 U.S.C. 
6311(1)(E)) EPCA also 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 redesignated as Part A-1.
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    DOE's regulations 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: Assertions and Determinations

    By letter dated May 16, 2017, AHT submitted a petition for waiver 
and an application for interim waiver for specified basic models of 
commercial refrigeration equipment that are required to be tested using 
the commercial refrigeration equipment test procedure at 10 CFR part 
431, subpart C, appendix B.\3\ AHT stated that the basic models listed 
in the petition do not have a defrost cycle when operated in freezer 
mode, and therefore cannot be tested under Appendix B, which references 
defrosts for the start of the test period and door-opening period.
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    \3\ AHT's petition for waiver and petition for interim waiver 
can be found in the regulatory docket at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0041.
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    On June 4, 2018, DOE published a notice that announced its receipt 
of the petition for waiver and granted AHT an interim waiver. 83 FR 
25658. (``Notice of Petition for Waiver''). In the Notice of Petition 
for Waiver, DOE presented AHT's claim that its specified basic models 
cannot be tested according to Appendix B due to their lack of defrost 
when operated in freezer mode. AHT requested an alternate test 
procedure, which would test the specified commercial freezer basic 
models according to appendix B, but with the test period starting after 
the unit achieves steady state conditions and the door-opening period 
starting 3 hours after the start of the test period.
    As explained in the Notice of Petition for Waiver, DOE evaluated 
the alternate test procedure requested by AHT, as well as the operating 
manual for the commercial freezer basic models. DOE's 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 review of the application for an interim waiver, DOE 
determined that the alternate test procedure that AHT suggested 
appropriately reflects the energy consumption of and is appropriate for 
the commercial freezer basic models identified in AHT's petition for 
waiver.
    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, which was consistent with AHT's 
requested alternate approach. DOE received no comments in response to 
the Notice of Petition for Waiver.
    For the reasons explained here and in the Notice of Petition for 
Waiver, DOE understands that absent a waiver, the commercial freezer 
basic models identified by AHT in its petition contain a design 
characteristic--lack of a defrost cycle when operated in freezer mode--
that prevents testing and rating such models on a basis representative 
of their true energy consumption characteristics. DOE has reviewed the 
recommended procedure suggested by AHT and concludes that it will allow 
for the accurate measurement of the energy use of the equipment, while 
alleviating the testing problems associated with AHT's implementation 
of DOE's applicable commercial refrigeration equipment test procedure 
for the specified basic models. Thus, DOE is requiring that AHT test 
and rate the commercial freezer basic models for which it has requested 
a waiver 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 is applicable only to the basic models 
listed within it 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. AHT 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). AHT may 
also submit another petition for waiver from the test procedure for 
additional basic models that employ a different technology and meet the

[[Page 54583]]

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, AHT 
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).

III. Order

    After careful consideration of all the material that was submitted 
by AHT in this matter, it is ordered that:
    (1) AHT must, as of the date of publication of this Order in the 
Federal Register, test and rate the following AHT brand commercial 
freezer basic models (which do not have defrost cycle capability when 
operated in freezer mode) with the alternate test procedure as set 
forth in paragraph (2):

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            Brand name                          Basic model
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AHT..............................  IBIZA 100 NAM F
AHT..............................  IBIZA 145 NAM F
AHT..............................  IBIZA 210 NAM F
AHT..............................  MALTA 145 NAM F
AHT..............................  MALTA 185 NAM F
AHT..............................  MANHATTAN 175 NAM F
AHT..............................  MANHATTAN 210 NAM F
AHT..............................  MIAMI 145 NAM F
AHT..............................  MIAMI 185 NAM F
AHT..............................  MIAMI 210 NAM F
AHT..............................  MIAMI 250 NAM F
AHT..............................  PARIS 145 NAM F
AHT..............................  PARIS 185 NAM F
AHT..............................  PARIS 210 NAM F
AHT..............................  PARIS 250 NAM F
AHT..............................  SYDNEY 175 NAM F
AHT..............................  SYDNEY 210 NAM F
AHT..............................  SYDNEY 213 NAM F
AHT..............................  SYDNEY 223 NAM F
AHT..............................  SYDNEY 230 NAM F
AHT..............................  SYDNEY 250 NAM F
AHT..............................  SYDNEY XL175 NAM F
AHT..............................  SYDNEY XL210 NAM F
AHT..............................  SYDNEY XL250 NAM F
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    (2) The alternate test procedure for the AHT basic models listed in 
paragraph (1) of this Order is the test procedure for commercial 
refrigeration equipment 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'' ASHRAE 72-2005, 
Section 3, definitions). 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 may not make representations about the 
energy use of the basic models identified 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 C, appendix B and 10 CFR 
429.42, 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 AHT are valid. If AHT 
makes any modifications to the controls or capabilities (e.g., adding 
automatic defrost to freezer mode) of these basic models, the waiver 
will no longer be valid and AHT 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, AHT may request that 
DOE rescind or modify the waiver if AHT 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 AHT from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on October 16, 2018.

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

[FR Doc. 2018-23669 Filed 10-29-18; 8:45 am]
 BILLING CODE 6450-01-P