[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Notices]
[Pages 39286-39293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17082]


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DEPARTMENT OF ENERGY

[Case Number 2018-002; EERE-2018-BT-WAV-002]


Energy Conservation Program: Decision and Order Granting a Waiver 
Store It Cold From the Department of Energy Walk-in Cooler 
Refrigeration System 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 2018-002) that grants Store It Cold a 
waiver from specified portions of the DOE test procedure for 
determining the energy efficiency of specified walk-in refrigeration 
system models. Store It Cold is required to test and rate specified 
basic models of its walk-in cooler refrigeration system in accordance 
with the alternate test procedure specified.

DATES: The Decision and Order is effective on August 9, 2019. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for walk-in cooler refrigeration 
systems located at 10 CFR part 431, subpart R, appendix C that 
addresses the issues presented in this waiver. At such time, Store It 
Cold 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 Store It Cold a waiver from the applicable test procedure 
at 10 CFR part 431, subpart R, appendix C for specified basic models of 
walk-in cooler refrigeration systems provided that

[[Page 39287]]

Store It Cold tests and rates such equipment using the alternate test 
procedure specified in the Decision and Order. Store It Cold's 
representations concerning the energy efficiency 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 
efficiency of this equipment. (42 U.S.C. 6314(d))
    Consistent with 10 CFR 431.401(j), not later than October 8, 2019, 
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 July 30, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA''),\1\ authorizes the U.S. Department of Energy (``DOE'') to 
regulate the energy efficiency of a number of consumer products and 
certain industrial equipment. (42 U.S.C. 6291-6317) Title III, Part C 
\2\ of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, which sets forth a variety of 
provisions designed to improve energy efficiency for certain types of 
consumer products. These products include walk-in cooler refrigeration 
systems, 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 America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
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    The energy conservation program under EPCA 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 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 cooler refrigeration systems is contained in the 
Code of Federal Regulations (``CFR'') at 10 CFR part 431, subpart R, 
appendix C, - ``Uniform Test Method for the Measurement of Net Capacity 
and AWEF of Walk-In Cooler and Walk-In Freezer Refrigeration Systems'' 
(``Appendix C'').
    Under 10 CFR 431.401, any interested person may submit a petition 
for waiver from DOE's test procedure requirements for commercial and 
industrial equipment. 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(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to an alternate test procedure. Id.

II. Store It Cold's Petition for Waiver: Assertions and Determinations

    By letter dated March 9, 2018, Store It Cold filed a petition for 
waiver and petition for interim waiver from the test procedure for 
walk-in refrigeration systems set forth in Appendix C, and in response 
to DOE requests for technical clarification, Store It Cold submitted a 
revised petition for waiver and petition for interim waiver on May 16, 
2018.\3\ In the petition, Store It Cold requested relief for the 
following walk-in cooler refrigeration system basic models: CBLW08, 
CBLW10, CBLW12, CBLW15, CBLW18, CBLW25. Store It Cold identified these 
models as single-package dedicated refrigeration systems comprised of a 
controller (i.e., the [deg]CoolBot[supreg] controller) and a room air 
conditioner (``RAC''), which are combined to form a walk-in 
refrigeration system. Store It Cold stated in its petition that the 
resulting walk-in refrigeration systems are designated for both indoor 
and outdoor use. According to Store It Cold's petition, the CoolBot's 
technology controls a window air conditioner that maintains desired 
temperatures, as opposed to a much larger traditional walk-in cooler 
refrigeration system that would utilize large compressors, large 
surface area coils, multiple fans, and large volumes of refrigerant to 
do the same. Store It Cold asserted in its petition that, for the basic 
models listed in its petition, the refrigerant enthalpy method 
(referred to as the ```refrigerant-side' gross capacity'' method by 
Store It Cold) yields inconsistent refrigerant mass flow rates and 
lower than expected capacities. Store It Cold explained in its petition 
that the installation of the refrigerant mass flow meters used under 
this method significantly increased the refrigerant circuit's internal 
volume, requiring the system to be charged with approximately twice the 
amount of refrigerant as was present from the factory. Store It Cold 
requested that it be allowed to test its models using an alternate 
```air-side' gross capacity'' method, in which the capacity would be 
determined by measuring the enthalpy change and mass flow rate of the 
air passing through both the evaporator side and condenser side, 
resulting in two capacity measurements that would have to match within 
a designated tolerance for the test to be considered valid. Store It 
Cold also requested an interim waiver for this equipment.
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    \3\ The docket, including Store It Cold's submissions is located 
at: https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0002.

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[[Page 39288]]

    After reviewing Store It Cold's application, the alternate test 
procedure requested by Store It Cold, the company's testing and 
performance data, product characteristics, and product specification 
sheets published online by Store It Cold, DOE published a notice that 
announced its receipt of the petition for waiver and granted Store It 
Cold an interim waiver. 84 FR 11944 (March 29, 2019) (``Notice of 
Petition for Waiver''). In the Notice of Petition for Waiver, DOE 
presented Store it Cold's claim that the results from testing the 
specified basic models according to ``refrigerant-side'' measurements 
provide results unrepresentative of the [deg]CoolBot[supreg] walk-in 
cooler refrigeration system's actual energy consumption characteristics 
and that such testing would provide materially inaccurate comparative 
data. A test photo provided by Store It Cold shows that the refrigerant 
tubing exiting the unit has multiple bends in it without any extended 
straight sections upstream and downstream of the refrigerant mass flow 
meters, which could very well have affected the accuracy of the mass 
flow measurements. Additionally, Store It Cold stated the refrigerant 
tubing as configured increased the refrigerant circuit's internal 
volume, requiring the system to be charged with approximately twice the 
amount of refrigerant as was present from the factory.
    DOE stated in the Notice of Petition for Waiver that for 
refrigeration systems in general, it is expected that the capacity of 
the system would monotonically increase as the condenser air 
temperature decreases (until further increases are limited by 
refrigerant mass flow restriction of the expansion device for the lower 
condensing pressures that would occur for lower condenser air 
temperatures). 84 FR 11944, 11946. This is because the cooler condenser 
air temperature can further cool the refrigerant such that it leaves 
the condenser at lower temperature and enthalpy, and similarly enters 
the evaporator at lower enthalpy. This increases the amount of heat the 
refrigerant absorbs from the refrigerated space as it flows through the 
evaporator coil, increasing the capacity of the evaporator. DOE noted 
that the ``refrigerant-side'' method test data in Store It Cold's 
petition do not follow this trend, and that the inconsistent results 
suggest that the capacity measurements are not accurate. Id. DOE also 
stated the data from testing using the ``air side'' method follows the 
expected trend, showing increasing refrigeration capacity as condenser 
air temperature decreases for both tested units, giving much greater 
confidence that the measurements are accurate. Id.
    DOE granted Store It Cold an interim waiver requiring testing of 
the specified walk-in cooler refrigeration systems using the alternate 
``air-side'' test procedure as requested by Store It Cold. Under the 
``air-side'' method, the refrigeration capacity is determined by 
measuring the enthalpy change and mass flow rate of the air passing 
through the evaporator side (i.e., Indoor Air Enthalpy Method) and 
condenser side (i.e., Outdoor Air Enthalpy Method). The condenser side 
measurement is adjusted by subtracting the system input power to 
determine refrigeration capacity.
    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 Id. DOE received comments from three 
commenters: (1) a group of utilities including Pacific Gas and Electric 
Company (``PG&E''), San Diego Gas and Electric (``SDG&E''), and 
Southern California Edison (``SCE'') (hereinafter the ``California 
IOUs''), (2) the Air-Conditioning, Heating, and Refrigeration Institute 
(``AHRI''), and (3) BMIL Technologies, LLC.\4\
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    \4\ All comments are in the docket located at: https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0002.
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    The California IOUs recommended that DOE deny the current version 
of the petition for waiver and instead recommended DOE require that 
Store It Cold determine the refrigeration capacity of the specified 
equipment using a ``dual Calibrated Box'' approach, as is prescribed by 
DOE for RACs, with appropriate modifications. (California IOUs, No. 
0017 at p. 1) The California IOUs stated that the air-side enthalpy 
methods proposed in the petition for waiver is not used for the DOE 
capacity rating test procedure of either WICF or RAC. (California IOUs, 
No. 0017 at p. 2) The CA IOUs stated that the test procedure suggested 
by Store It Cold is widely used for testing ducted unit air-
conditioners and heat pumps, and not appropriate for non-ducted 
equipment, such as the Store It Cold models. The California IOUs also 
stated that the equipment for which the waiver is sought is an RAC with 
a modified controller to make it a WICF, rather than a piece of unitary 
air-conditioning equipment with ducts, and thus the RAC capacity test 
is more appropriate for evaluating the application. (California IOUs, 
No. 0017 at p. 3) They further stated that a dual Calibrated Box 
approach would allow the airflows to freely circulate in both the hot 
side and cold side enclosures, reflecting the actual application of the 
models in question. (California IOUs, No. 0017 at p. 3) Alternatively, 
they suggested that DOE at a minimum require testing under both the 
air-side enthalpy and dual calibrated box methods and submit the 
resulting data as confirmation of the air-side enthalpy 
measurements.\5\(California IOUs, No. 0017 at p. 4)
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    \5\ The California IOUs comment is available in the docket at: 
https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0002.
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    The California IOUs also expressed concern that if the alternate 
test procedure changes the rated capacity and creates a lower bar to 
meet the WICF standards (especially for a low-cost off-the-shelf 
product) it could significantly shift segments of the market away from 
compliant efficient equipment towards equipment that would not be 
compliant if tested using the consensus test method prescribed by DOE. 
(California IOUs, No. 0017 at p. 2) The California IOUs also expressed 
concern that, being based on RACs that were not designed for walk-in 
applications, the Store It Cold models may not meet safety and consumer 
protection standards and may have reduced life as compared with the 
10.5 years estimated by DOE for medium temperature refrigeration 
systems. (California IOUs, No. 0017 at pp. 4-5)
    As noted in the Notice of Petition for Wavier, the equipment for 
which Store It Cold has requested a waiver are walk-in cooler 
refrigeration systems that are comprised, in part, of a RAC. 84 FR 
11944, 11946. DOE recognizes that Store It Cold also separately 
distributes in commerce the [deg]CoolBot[supreg] controller, i.e., not 
as part of a walk-in cooler refrigeration system, and reiterates that 
the grant of a waiver only applies to the walk-in cooler refrigeration 
system basic models identified by Store It Cold, i.e., the specific 
models listed in the Waiver order, which contain [deg]CoolBot[supreg] 
controllers integrated by Store It Cold with the specified RAC models.
    As explained in the Notice of Petition for Waiver, the test 
procedure for determining the rated capacity under the WICF test 
procedure provides results that are unrepresentative of the specified 
models' true performance capabilities. The test data provided by Store 
It Cold indicated that the air-side enthalpy test suggested by Store It 
Cold yields more accurate results for the basic models listed in its 
petition. Additionally, multiple organizations have established test 
procedures for determining the capacity of single-

[[Page 39289]]

package air-conditioners and refrigeration systems using the 
psychrometric approach, which uses the indoor air enthalpy method and/
or the outdoor air enthalpy method. Examples include the following:
     ANSI/ASHRAE 58-1986 (RA 1999), ``Method of Testing for 
Rating Room Air Conditioner and Packaged Terminal Air Condition Heating 
Capacity'' prescribes the use of the air enthalpy test method to 
measure heating capacity of room air conditioners and packaged terminal 
air conditioners with reverse-cycle operation to allow heating.
     ANSI/ASHRAE 16 (2016), ``Method of Testing for Rating Room 
Air Conditioners and Packaged Terminal Air Conditioners'', the updated 
version of ASHRAE 16-1983 (RA 2009), allows both calorimetric methods 
similar to ASHRAE 16-1983 (RA 2009) as well as the psychrometric 
approach using the air enthalpy method.
     DOE's test procedure for packaged terminal air 
conditioners and heat pumps (10 CFR 431.96), allows use of both 
calorimetric and psychrometric test methods to determine cooling 
capacity.
     AHRI has published for comment a draft revision of AHRI 
1250, ``Standard for Performance Rating of Walk-In Coolers and 
Freezers'', which allows use of air enthalpy methods for measurement of 
refrigeration capacity for single-package walk-in refrigeration 
systems. (AHRI 1250 Draft, NO. 18 at p. 60)
    Regarding the California IOUs suggestion that the indoor air 
enthalpy method is suitable only for capacity measurement for ducted 
systems, DOE notes that many non-ducted systems are tested using this 
test method, for example Central Air Conditioners and Heat Pumps, 
Variable Refrigerant Flow units, and Packaged Terminal Air 
Conditioners. In addition to the systems noted above, non-ducted 
systems such as mini-split air conditioners multi-split air 
conditioners also are tested using the indoor air enthalpy method. See 
10 CFR part 430 subpart B appendix M.
    Finally, with respect to the potential food safety and product life 
implications raised by the California IOUs, DOE notes that the waiver 
process addresses instances in which a basic model contains one or more 
design characteristics that prevent testing of the basic model 
according to the DOE prescribed test procedures or 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). 
Accordingly, these particular concerns raised by the California IOUs 
lie beyond the much more limited scope of the waiver process. We also 
note that, while DOE takes no position as to the safety performance or 
longevity of the subject basic models, the relevant portions of the 
test procedure that Store It Cold must follow as part of this waiver 
order require that the equipment's interior box maintain a temperature 
of 35[ordm]F, which would fall within the recommended food storage 
temperature range. (NSF/ANSI 7- 2009, at p. 13 (specifying that 
refrigeration equipment must be capable of maintaining air temperature 
of 40[deg]F (4[deg]C) or lower in all refrigerated compartment 
interiors).
    AHRI stated that the models for which the waiver is requested 
appear to meet the legal definition of a walk-in cooler, and that its 
primary component--the RAC--is also a DOE-covered product that can be 
tested pursuant to air-conditioning methods of test. AHRI further 
explained that, although its members have raised generalized concerns 
about whether the waiver seeks to sanction what its members view as the 
misapplication of a RAC as a walk-in cooler, they do not object to the 
waiver, as long as it is consistent with relevant industry-standard 
performance tests for equipment. Specifically, AHRI requested that the 
waiver stipulate a 75 [deg]F wet bulb condition be applied. (AHRI, No. 
0016 at p. 1) AHRI asserted that, similar to a room air conditioner, 
the [deg]CoolBot[supreg] system would reject condensate to the outdoor 
coil, using it to enhance outdoor coil cooling. AHRI further states 
that variations in outdoor air wet bulb temperature would lead to 
inconsistent test results when compared to the performance of a typical 
evaporative condensing unit. (AHRI, No. 0016 at pp. 1-2) Specifically, 
AHRI suggested that the Note 1 of Tables 3 and 4 in the Store It Cold 
waiver be updated to read ``Required only for evaporative Dedicated 
Condensing Units or Single-Package Dedicated Systems that reject the 
condensate to the outdoor coil.'' \6\ (AHRI, No. 0016 at p. 2)
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    \6\ AHRI comment is available in the docket at: https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0002.
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    DOE agrees that maintaining a 75 [deg]F wet bulb condition for the 
outdoor air would be important for evaporative condensers and units 
that reject condensate to the outdoor coil. However, DOE notes that the 
test procedure for walk-in refrigeration systems requires maintaining 
the evaporator-side inlet air at a low-humidity condition such that 
frost would not form on the evaporator. Consequently, at steady-state 
operating conditions, there would be no moisture collecting on the 
[deg]CoolBot[supreg] system evaporator. Further, since the system would 
have to stop operation and undergo defrost for the moisture to melt and 
turn into condensate that can be transferred to the condenser coil, the 
possibility for enhancing condenser cooling using condensate collected 
at the evaporator is even less likely.
    DOE acknowledges that it is possible that some moisture could be 
present--for example, the [deg]CoolBot[supreg] system could be used 
prior to a test to help cool the test chamber down to 35 [deg]F. In 
this case, moisture present in the room before cooldown could collect 
on the evaporator. This moisture could possibly drain off the 
evaporator before the evaporator surface is cold enough to freeze it, 
or the system's operation could be interrupted briefly before a test is 
conducted, either of which would lead to drainage of the moisture and 
transfer to the condenser side. DOE is concerned that the quantity of 
this moisture collection would be highly dependent on the uncontrolled 
circumstances occurring before the test measurement begins (e.g., 
whether the unit was used to help cool down the test chamber, whether 
or not the test was conducted during humid summer conditions when a 
higher level of moisture could have been in the chamber prior to 
cooldown, whether the unit operation was stopped to allow defrost 
before conducting the test), and hence, even if the outdoor side wet 
bulb temperature is maintained at 75 [deg]F, as recommended by AHRI, 
the amount of condenser cooling enhancement could vary. DOE concludes 
that a better approach to address AHRI's concern about the variability 
is to ensure that there is no moisture in the condensate pan on the 
condenser side during the test. In this case, the outdoor wet bulb 
temperature would not affect the test result, because there would be no 
evaporative cooling--thus the outdoor wet bulb temperature would not 
have to be controlled, other than to prevent it from exceeding the 
maximum limits specified for single-package units. Ensuring that there 
is no moisture in the condenser-side condensate pan could be done in 
different ways, for example, drilling a small hole in the bottom of the 
pan to let the moisture drain out, running the unit for a long time to 
evaporate any collected moisture, or preventing the collection of 
moisture in the first place by drying out the indoor room prior to 
starting operation of the test unit. The alternate test procedure in 
this Order has been modified from the procedure in the interim waiver, 
to include this

[[Page 39290]]

requirement to make sure that there is no moisture in the condenser-
side condensate pan during performance measurement test periods. It 
does not specify how to ensure that the condensate pan is dry in order 
to retain flexibility in test approach.
    BMIL Technologies, LLC questioned the granting of a waiver that 
would enable testing the application of air conditioning units within 
an operating range that the manufacturer does not rate, i.e., 
refrigeration.\7\ (BMIL Technologies, LLC, No. 0014 at p. 1)
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    \7\ BMIL Technologies, LLC comment is available in the docket 
at: https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0002.
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    DOE acknowledges that an RAC is not routinely considered to be a 
refrigeration system used for commercial or industrial cooling 
applications. However, in the circumstances presented here, where a 
manufacturer's own materials and statements assert that the pairing of 
its refrigeration controls (i.e., [deg]CoolBot[supreg] controller) with 
a specified off-the-shelf RAC satisfies the relevant walk-in regulatory 
definitions and refrigerates at a 35 [deg]F walk-in temperature, DOE 
accepts the manufacturer's submissions in its request for a waiver, 
absent evidence to the contrary. Accordingly, when faced with the 
current set of facts, Store It Cold's equipment is subject to the test 
procedures and energy conservation standards established for WICF at 10 
CFR part 431, subpart R. The fact that one of the components used in 
each of the specified Store It Cold basic models can also operate as a 
RAC at warmer temperatures is not relevant under the facts at hand to 
the question of whether the alternate test procedure is appropriate for 
measuring the system capacity of these models.
    For the reasons explained here and in the Notice of Petition for 
Waiver, absent a waiver the basic models identified by Store It Cold 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 Store It Cold 
and concludes that it will allow for the accurate measurement of the 
energy use of the equipment, subject to the modification discussed in 
the prior paragraphs, while alleviating the testing problems associated 
with Store It Cold's implementation of DOE's applicable walk-in cooler 
refrigeration system test procedure for the specified basic models.
    Thus, DOE is requiring that Store It Cold test and rate the 
identified walk-in cooler refrigeration system basic models according 
to the alternate test procedure specified in this Decision and Order. 
The alternate test procedure in this Order is a modified version of the 
procedure in the interim waiver.
    This Decision and Order is applicable only to the basic models 
listed in the Order and does not extend to any other basic models. 
Store It Cold 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). Store It Cold 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 430.401(k)(1). Likewise, 
Store It Cold 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 430.401(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 Store It Cold. If Store It Cold 
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, Store It Cold may submit a request 
for modification under 10 CFR 431.401(k)(2) that addresses the concerns 
that DOE has specified with that procedure. Store It Cold 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 that was submitted 
by Store It Cold, product specification sheets published online by 
Store It Cold, and comments received in this matter, it is ORDERED 
that:
    (1) Store It Cold must, as of the date of publication of this Order 
in the Federal Register, test and rate the following walk-in cooler 
refrigeration system basic models with the alternate test procedure as 
set forth in paragraph (2):

------------------------------------------------------------------------
                                                            Basic Model
                          Brand                               Number
------------------------------------------------------------------------
CoolBot.................................................          CBLW08
CoolBot.................................................          CBLW10
CoolBot.................................................          CBLW12
CoolBot.................................................          CBLW15
CoolBot.................................................          CBLW18
CoolBot.................................................          CBLW25
------------------------------------------------------------------------

    (2) The alternate test procedure for the Store It Cold basic models 
listed in paragraph (1) of this Order is the test procedure for walk-in 
cooler refrigeration systems prescribed by DOE at 10 CFR part 431, 
subpart R, appendix C,\8\ except as detailed below. All other 
requirements of 10 CFR part 431, subpart R, appendix C, and DOE's 
regulations remain applicable, with the following modifications:
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    \8\ AHRI Standard 1250P (I-P)-2009 (``AHRI 1250-2009'') titled 
``Standard for Performance Rating of Walk-in Coolers and Freezers'' 
is incorporated by reference in the federal test procedure at 10 CFR 
431.303(b)(2). The alternate test procedure provides amendments to 
10 CFR part 431, subpart R, appendix C that include required 
modifications to AHRI 1250-2009.

    In 10 CFR part 431, subpart R, appendix C, section 3.1. General 
modifications: Test Conditions and Tolerances, revise sections 
3.1.1. and 3.1.4., and add instructions in a new section 3.1.6. 
regarding Tables 3 and 4 of AHRI 1250-2009, to read:
    3.1.1. In Table 1, Instrumentation Accuracy, refrigerant 
temperature measurements shall have a tolerance of 0.5 F 
for unit cooler in/out. Temperature measurements used to determine 
water vapor content of the air shall be accurate to within 0.4 F, 1.0 F for all other temperature 
measurements.
    3.1.4. In Tables 2 through 14, the Test Condition Outdoor Wet 
Bulb Temperature requirement and its associated tolerance apply only 
to units with evaporative cooling and single-packaged dedicated 
systems. The condenser-side condensate pan must be dry during 
performance measurement test periods.
    3.1.6. Tables 3 and 4 shall be modified to read as follows:

[[Page 39291]]



                Table 3--Fixed Capacity Matched Refrigerator System and Single-Packaged Dedicated System, Condensing Unit Located Indoor
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Unit cooler     Unit cooler
                                       air entering    air  entering  Condenser  air  Condenser  air
          Test description               dry-bulb,       relative     entering  dry-  entering  wet-    Compressor capacity         Test objective
                                          [deg]F       humidity, (%)  bulb, ([deg]F)  bulb, ([deg]F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off-cycle Fan Power.................              35             <50               -               -  Compressor Off........  Measure fan input wattage
                                                                                                                               during compressor off
                                                                                                                               cycle.
Refrigeration Capacity..............              35             <50              90  \1\ 75, \2\ 65  Compressor On.........  Determine Net
                                                                                                                               Refrigeration Capacity of
                                                                                                                               Unit Cooler, input power,
                                                                                                                               and EER at Rating
                                                                                                                               Condition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note:
1. Required only for evaporative Dedicated Condensing Units.
2. Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part of the
  equipment is located in the outdoor room.


                Table 4--Fixed Capacity Matched Refrigerator System and Single-Packaged Dedicated System, Condensing Unit Located Outdoor
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Unit cooler     Unit cooler
                                       air  entering   air  entering   Condenser air   Condenser air
          Test description               dry-bulb,       relative     entering  dry-  entering  wet-    Compressor capacity         Test objective
                                          [deg]F       humidity, (%)  bulb, ([deg]F)  bulb, ([deg]F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power.................              35             <50               -               -  Compressor Off........  Measure fan input wattage
                                                                                                                               during compressor off
                                                                                                                               cycle.
Refrigeration Capacity A............              35             <50              95   75\1\, \2\ 68  Compressor On.........  Determine Net
                                                                                                                               Refrigeration Capacity of
                                                                                                                               Unit Cooler, input power,
                                                                                                                               and EER at Rating
                                                                                                                               Condition.
Refrigeration Capacity B............              35             <50              59   54\1\, \2\ 46  Compressor On.........  Determine Net
                                                                                                                               Refrigeration Capacity of
                                                                                                                               Unit Cooler and system
                                                                                                                               input power at moderate
                                                                                                                               condition.
Refrigeration Capacity C............              35             <50              35  \1\ 34, \2\ 29  Compressor On.........  Determine Net
                                                                                                                               Refrigeration Capacity of
                                                                                                                               Unit Cooler and system
                                                                                                                               input power at cold
                                                                                                                               condition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note:
1. Required only for evaporative Dedicated Condensing Units.
2. Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part of the
  equipment is located in the outdoor room.

    In 10 CFR part 431, subpart R, appendix C, section 3.2. General 
Modifications: Methods of Testing add the following instructions 
regarding additional modifications to appendix C of AHRI 1250-2009:
    3.2.6 In appendix C, section C1. reads: Purpose. The purpose of 
this appendix is to provide a method of testing for Matched-pair, 
single-packaged dedicated systems, as well as Unit coolers and 
Dedicated Condensing Units tested alone.
    3.2.7 In appendix C, section C5. and C5.1 read as follows:
    3.2.7.1 C5 reads: C5. Methods of Testing for walk-in cooler and 
freezer systems that have matched unit coolers and condensing units. 
The testing of the walk-in cooler and freezer systems include a 
steady state test, defrost test and off-cycle fan power test. For 
single-packaged dedicated systems, calculate the refrigeration 
capacity and power consumption using the Indoor Air Enthalpy test 
method and the Outdoor Air Enthalpy test method. The Indoor Air 
Enthalpy test method shall be considered the primary measurement and 
used to report capacity. The Outdoor Air Enthalpy test method shall 
be considered the secondary measurement and used to calculate the 
Refrigeration Capacity Heat Balance. See Section C10 of this 
appendix for complete details on each test method.
    3.2.7.2 C5.1 reads: The Gross Total Refrigeration Capacity of 
Unit Coolers for matched-pairs (not including single-packaged 
dedicated systems) from steady state test shall be determined by 
either one of the following methods.
    3.2.8 In appendix C, section C7.1 reads: Refer to the standard 
rating conditions for a particular application listed in Section 5 
of this standard. Test acceptance criteria listed in Table 2 in 
section 4 of this standard apply to the Dual Instrumentation and 
Calibrated Box methods of test. Single-packaged dedicated system 
test tolerances are listed in each applicable Method of Test 
outlined in section C10.
    3.2.9 In appendix C, section C7.2 reads: Data that need to be 
recorded during the test are listed in Table C2. For single-packaged 
dedicated systems tested in accordance with ASHRAE 37-2009, data 
that need to be recorded during the test are listed in ASHRAE 37-
2009.
    3.2.10 In appendix C, section C6. Test Chambers Requirements, 
add C6.3 to read as follows:
    C6.3 For all system constructions (Split systems, Single-
packaged dedicated systems, Unit Cooler tested alone, and Dedicated 
Condensing Unit tested alone), the Unit Cooler under test may be 
used to aid in achieving the required test chamber ambient 
temperatures prior to beginning any Steady-state test. However, the 
unit under test must be free from frost before initiating any 
Steady-state testing.
    For single-packaged dedicated systems, refer to the applicable 
methods of test for single-packaged dedicated systems listed in 
section C10 of this appendix.
    In 10 CFR part 431, subpart R, appendix C, section 3.3. Matched 
systems, single-packaged dedicated systems, and unit coolers tested 
alone, revise the language to read:
    3.3 Matched systems, single-packaged dedicated systems, and unit 
coolers tested alone: Use the test method in AHRI 1250-2009 
(incorporated by reference; see Sec. 431.303), appendix C as the 
method of test for matched refrigeration systems, single-packaged 
dedicated systems, or unit coolers tested alone, with the 
modifications listed below in sections 3.3.1 through 3.3.7.2.:
    In appendix C of AHRI 1250-2009, renumber the following sections 
and equations, and references to the following sections and 
equations, as follows:
    Section C10 to C11;
    Section C11 to C12;
    Section C11.1 to C12.1;
    Section C11.1.1 to C12.1.1;
    Equation C11 to C12;
    Equation C12 to C13;
    Section C11.2 to C12.2;
    Section C11.3 to C12.3;
    Equation C13 to C14;
    Equation C14 to C15;
    Equation C15 to C16;
    Equation C16 to C17;
    Section C12 to C13; and
    Section C13 to C14.

[[Page 39292]]

    Insert the following as sections C10 through C10.2.3, and 
equation C11:
    C10. Single-packaged Test Methods and Allowable Refrigeration 
Capacity Heat Balance.
    C10.1 Single-packaged Test Methods.

    [GRAPHIC] [TIFF OMITTED] TN09AU19.101
    
    Also see the following website for Figure C3: https://www.regulations.gov/document?D=EERE-2018-BT-WAV-0002-0009.
    C10.1.1 Indoor Air Enthalpy Method. Determine Net Refrigeration 
Capacity of Unit Cooler and input power in accordance with ASHRAE 
37-2009, Figure C3, and the following modifications.
    C10.1.1.1 Space conditioning capacity is determined by measuring 
airflow rate and the dry-bub temperature and water vapor content of 
the air that enters and leaves the coil. Air enthalpies shall be 
determined in accordance with ANSI ASHRAE 41.6. Entering air is to 
be sufficiently dry as to not produce frost on the Unit Cooler coil. 
Therefore, only sensible capacity measured by dry bulb change shall 
be used to calculate capacity.
    C10.1.1.2 Test Setup for Non-Ducted Unit Coolers. A single 
outlet plenum box shall be constructed in a cubic arrangement. The 
length of the longest dimension of the Unit Cooler outlet shall be 
used to determine the dimension of the cube outlet plenum. Four 
static pressure taps shall be installed in the center of each face. 
A 6'' inlet plenum skirt shall be installed with four static 
pressure taps at each center face as well. Airflow shall be adjusted 
by the exhaust fan on the airflow plenum to achieve 0.00''WC ( 0.02''WC).
    C10.1.2 Outdoor Air Enthalpy Method. Determine Net Refrigeration 
Capacity of Unit Cooler and input power in accordance with ASHRAE 
37-2009, Figure C3, and the following modifications.
    C10.1.2.1 Outdoor Air Enthalpy is only applicable on Dedicated 
Condensing Units for which the leaving air can be fully captured. 
Space conditioning capacity is determined by measuring airflow rate 
and the dry-bub temperature and water vapor content of the air that 
enters and leaves the coil. Air enthalpies shall be determined in 
accordance with ANSI ASHRAE 41.6. Line loss adjustments in section 
7.3.3.4 of ASHRAE 37-2009 are not applicable to package units.
    C10.2 Allowable Refrigeration Capacity Heat Balance.
    C10.2.1 Following the completion of the Steady-state capacity 
test, for each rating condition, the measured net capacities of the 
primary and secondary test methods must balance within 6%, per 
Equation C11 \9\
---------------------------------------------------------------------------

    \9\ The suggested alternate test procedure in Store It Cold's 
petition for waiver referenced equation C24. DOE understands this to 
be an error and that the appropriate equation to reference is C11.
[GRAPHIC] [TIFF OMITTED] TN09AU19.102

    C10.2.2 If measured net capacities do not balance per Equation 
C11, investigate all potential test facility leaks and/or non-
conformances. If no leaks or non-conformances are detected, proceed 
to Section C10.2.3. If any leaks or non-conformances are detected, 
remedy the concerns and rerun the Steady-state test at all 
applicable rating condition(s). If the measured net capacities 
balance per Equation C11, then the test is considered valid and 
capacity and power measurements from the

[[Page 39293]]

primary method of the second test will be used. If the measured net 
capacities still do not balance per Equation C11, proceed to Section 
C10.2.3
    C10.2.3 To achieve a capacity heat balance, the test lab may 
modify the exterior of the unit under test to reduce leakage and 
surface losses. Specifically, the lab may add insulation to the 
outside surface of the single-packaged dedicated system and/or tape 
and seal sheet metal edges to minimize outdoor ambient air intrusion 
to the Unit Cooler. After the unit is insulated, rerun the Steady-
state test at all applicable rating condition(s). If the measured 
net capacities balance per Equation C11, then the lab facility and 
instrumentation are verified as complying with the applicable method 
of test. However, capacity, power, and all downstream calculations 
will be based on the results of the primary method from the first 
test, which occurred before the unit was altered. If the measured 
net capacities still do not balance per Equation C11, then the lab 
facility and instrumentation are considered non-compliant, must be 
remedied, and all prior tests for the unit under test are considered 
invalid.
    In 10 CFR part 431, subpart R, appendix C, sections 3.3 through 
3.3.7.2 replace references to AHRI-1250-2009 sections C10, C11, 
C11.1, C11.1.1, C11.2, and C11.3, with C11, C12, C12.1, C12.1.1, 
C12.2, and C12.3, respectively; and replace references to AHRI-1250-
2009 equations C13 and C14 with equations C14 and C15, respectively.

    (3) Representations. Store It Cold may not make representations 
about the energy use, including the refrigeration capacity (in Btu/h), 
of a basic model listed in paragraph (1) of this Order for compliance, 
marketing, or other purposes unless such basic model has been tested in 
accordance with the provisions set forth above and such representations 
fairly disclose the results of such testing.
    (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 documents provided by Store It Cold are valid. If 
Store It Cold makes any modifications to the controls or configurations 
of these basic models, the waiver will no longer be valid and Store It 
Cold will either be required to use the current Federal test method or 
submit a new application for a test procedure waiver. DOE may rescind 
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 a basic model's 
true energy consumption characteristics. 10 CFR 430.401(k)(1). 
Likewise, Store It Cold may request that DOE rescind or modify the 
waiver if Store It Cold 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 430.401(k)(2).
    (6) Granting of this waiver does not release Store It Cold from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on July 30, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency Energy 
Efficiency and Renewable Energy.
[FR Doc. 2019-17082 Filed 8-8-19; 8:45 am]
BILLING CODE 6450-01-P