[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 75-78]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29099]


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DEPARTMENT OF ENERGY

[Case Number 2020-002; EERE-2020-BT-WAV-0009]


Energy Conservation Program: Decision and Order Granting a Waiver 
to Senneca Holdings From the Department of Energy Walk-in Cooler and 
Walk-in Freezer Test Procedure

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

ACTION: Notification of decision and order.

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SUMMARY: The Department of Energy (``DOE'') gives notification of a 
Decision and Order (Case Number 2020-002) that grants to Senneca 
Holdings (``Senneca'') a waiver from specified portions of the DOE test 
procedure for determining the energy consumption of specified walk-in 
cooler and walk-in freezer door (``walk-in door'') basic models. Under 
the Decision and Order, Senneca is required to test and rate the 
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 January 4, 2021. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for walk-in cooler and walk-in 
freezer doors located at title 10 of the Code of Federal Regulations 
(``CFR''), part 431, subpart R, appendix A that addresses the issues 
presented in this waiver. At such time, Senneca 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.

[[Page 76]]

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 notification of the issuance of its 
Decision and Order as set forth below. The Decision and Order grants 
Senneca a waiver from the applicable test procedure at 10 CFR part 431, 
subpart R, appendix A for specified basic models of walk-in doors, and 
provides that Senneca must test and rate such equipment using the 
alternate test procedure specified in the Decision and Order. Senneca'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 March 5, 2021, 
any manufacturer not 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.

Signing Authority

    This document of the Department of Energy was signed on December 
28, 2020, by Daniel R. Simmons, Assistant Secretary for Energy 
Efficiency and Renewable Energy, pursuant to delegated authority from 
the Secretary of Energy. That document with the original signature and 
date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on December 29, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case #2020-002 Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
among other things, 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 Certain 
Industrial Equipment, which sets forth a variety of provisions designed 
to improve energy efficiency for certain types of industrial equipment. 
These types of equipment include walk-in coolers and walk-in freezers, 
the focus of this document. (42 U.S.C. 6311(1)(G))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 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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    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), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 
6315), energy conservation standards (42 U.S.C. 6313), 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 doors is contained 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(f)(2). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.

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

    By letter dated March 13, 2020, Senneca Holdings (``Senneca'') 
filed a petition for waiver and a petition for interim waiver from the 
DOE test procedure applicable to walk-in doors set forth in Appendix A. 
(Senneca, No. 1) \3\ In response to questions from DOE, Senneca 
provided subsequent petitions for waiver and interim waiver on June 12, 
2020 (Senneca, No. 2) and on July 21, 2020 (Senneca, No. 3).\4\ 
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. Appendix A, section 
4.5.2. Section 4.5.2 of Appendix A specifies a PTO of 25 percent for 
``other electricity-consuming

[[Page 77]]

devices'' (i.e., electrical devices other than lighting or anti-sweat 
heaters) that have demand-based controls, and a PTO of 0 percent for 
other electricity-consuming devices without demand-based controls. Id. 
In its petition for waiver, Senneca suggested applying a PTO value of 
97 percent to the door motors associated with the basic models 
specified in its petition. Senneca stated that the test procedure's 
assumption that the door motor operates for 75 percent of the day 
significantly overstates normal motor usage on their ColdGuard and Eco-
Cold powered door models, causing the prescribed test procedure to 
inaccurately evaluate the true energy consumption characteristics as to 
provide materially inaccurate comparative data (Senneca, No. 3 at p. 
1).
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    \3\ A notation in the form ``Senneca, No. 1'' identifies a 
written submission: (1) Made by Senneca Holdings; and (2) recorded 
in document number 1 that is filed in the docket of this petition 
for waiver (Docket No. EERE-2020-BT-WAV-0009) and available for 
review at http://www.regulations.gov.
    \4\ Due to the lengthy list of walk-in door basic models listed 
in Senneca's July 21, 2020 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 http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0009.
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    On September 28, 2020, DOE published a notification that announced 
its receipt of the petition for waiver and granted Senneca an interim 
waiver. 85 FR 60771 (``Notification of Petition for Waiver''). In the 
Notification of Petition for Waiver, DOE presented Senneca's claim that 
results from testing the specified basic models according to Appendix A 
are unrepresentative of actual energy usage because of the assigned PTO 
value. DOE also summarized Senneca's requested alternate test 
procedure, which would require testing the specified basic models 
according to Appendix A, except the PTO value for door motors would be 
modified from 25 percent to 97 percent for the specified freight and 
passage doors.
    As explained in the Notification of Petition for Waiver, DOE 
considered the potential range of parameters affecting door motor 
operating time and evaluated the PTO based on the most energy 
consumptive scenarios for both the horizontally and vertically opening 
door basic models specified by Senneca. 85 FR 60771, 60774. In its 
calculations, DOE used the largest door opening at the slowest speed 
and standard duty cycle specified in the product literature of the door 
motors associated with Senneca's specified basic models. Id. Assuming 
the most energy consumptive scenarios, DOE initially determined that 
the suggested PTO value of 97 percent was more representative of actual 
energy use than the currently required PTO value of 25 percent. 85 FR 
60771, 60775.
    In the Notification of Petition for Waiver, DOE also solicited 
comments from interested parties on all aspects of the petition and the 
specified alternate test procedure. 85 FR 60771. In response, DOE 
received one substantive comment \5\ from Hussmann Corporation 
(``Hussmann'').\6\ Hussmann objected to Senneca's request for an 
alternate test procedure, asserting that Senneca's waiver request does 
not meet the criteria for DOE to grant a waiver, specifically: (1) The 
basic model(s) for which the waiver was requested must contain a design 
characteristic that prevents testing of the basic model according to 
the prescribed test procedures, or (2) the prescribed test procedure 
must evaluate the basic model(s) in a manner so unrepresentative of its 
true energy consumption as to provide materially inaccurate comparative 
data. (Hussmann, No. 5 at p. 1) Further, Hussmann stated that Senneca's 
petition should be denied because investment and redesign can be used 
to achieve compliance with the current Federal standards. (Hussmann, 
No. 5 at p. 2)
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    \5\ DOE received an additional comment from an anonymous 
submitter opposing waivers in general.
    \6\ Hussmann's comment can be accessed at: https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0009.
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    As discussed previously, DOE may grant a waiver if either (1) 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 (2) 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). In response to Hussmann's 
assertion that the criteria for granting a waiver to Senneca has not 
been met, DOE notes that while Senneca is not prevented from testing 
the basic models specified in its waiver petition, the performance data 
demonstrate that the current test procedure evaluates the energy 
consumption of its basic models with motorized door openers in a manner 
so unrepresentative of its true energy consumption as to provide 
materially inaccurate comparative data. In response to Hussmann's 
comment that compliance with current Federal standards could be 
achieved, DOE notes that the criteria which allow DOE to grant a waiver 
do not depend on whether investment or redesign could make the basic 
models compliant with the standard. EPCA does not require that a 
manufacturer design a particular type of equipment to enable it to be 
tested under a given test procedure. Instead, a test procedure must, 
among other things, be reasonably designed to produce test results 
reflecting the energy efficiency of a given type of industrial 
equipment. See generally 42 U.S.C. 6314(a)(2). Additionally, the 
required use of 97 percent is consistent with waivers previously 
granted in response to petitions that presented the same issue as in 
Senneca's petition. See Notice of Decision and Order granting a waiver 
to Jamison Door (Case No. 2017-009), 83 FR 53460 (Oct. 23, 2018); 
Notice of Decision and Order granting a waiver to HH Technologies (Case 
No. 2018-001), 83 FR 53457 (Oct. 23, 2018); and Extension of Waiver to 
HH Technologies (Case No. 2018-011), 84 FR 1434 (Feb. 4, 2019).\7\
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    \7\ DOE notes that Hussmann has previously expressed general 
support for similar petitions for waiver, specifically in response 
to waiver petitions from Jamison Door, in which Jamison Door 
requested a PTO value of 93.5 percent (Docket No. EERE-2017-BT-WAV-
0040-0005 at p. 1), and from HH Technologies, in which HH 
Technologies requested a PTO value of 96 percent (Docket No. EERE-
2018-BT-WAV-0001-0013 at p. 1).
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    For the reasons explained here and in the Notification of Petition 
for Waiver, absent a waiver the basic models identified by Senneca 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 Senneca and 
concludes that it will allow for the accurate measurement of the energy 
use of the equipment, while alleviating the testing issues associated 
with Senneca's implementation of DOE's applicable walk-in door test 
procedure for the specified basic models. Thus, DOE is requiring that 
Senneca test and rate walk-in door 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 is applicable 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.
    Senneca may request that DOE extend the scope of this waiver to 
include additional basic models that employ the same technology as 
those listed in this waiver. 10 CFR 431.401(g). Senneca 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

[[Page 78]]

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, 
Senneca 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 Senneca, the various public-facing materials (e.g., product 
literature, installation manuals) for the units listed in the petition, 
and comment(s) received, in this matter, it is ordered that:
    (1) Senneca must, as of the date of publication of this Order in 
the Federal Register, test and rate the basic models listed in Appendix 
I of its July 21, 2020 petition as provided in Docket Number EERE-2020-
BT-WAV-0009-0003 with the alternate test procedure as set forth in 
paragraph (2):
    (2) The alternate test procedure for the Senneca basic models 
identified 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 97 
percent for door motors. All other requirements of 10 CFR part 431, 
subpart R, appendix A and DOE's regulations remain applicable.
    (3) Representations. Senneca may not make representations about the 
energy use of a basic model identified in paragraph (1) of this Order 
for compliance or marketing, 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.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 431.401.
    (5) DOE issues this waiver on the condition that the door 
performance characteristics, statements, representations, test data, 
and documentary materials provided by Senneca are valid. If Senneca 
makes any modifications to the controls or configurations of these 
basic models, such modifications will render the waiver invalid with 
respect to that basic model, and Senneca 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 431.401(k)(1). Likewise, Senneca may request 
that DOE rescind or modify the waiver if Senneca 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) Senneca remains obligated to fulfill all applicable 
requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on December 28, 2020.

Daniel R. Simmons,

Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2020-29099 Filed 12-31-20; 8:45 am]
BILLING CODE 6450-01-P