[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2403-2412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00393]



[[Page 2403]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Case Number 2019-010; EERE-2019-BT-WAV-0029]


Energy Conservation Program: Notification of Petition for Waiver 
of Air Innovations From the Department of Energy Walk-In Coolers and 
Walk-In Freezers Test Procedure and Notification of Grant of Interim 
Waiver

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

ACTION: Notification of petition for waiver and grant of an interim 
waiver; request for comments.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt of and publishes a petition 
for waiver and interim waiver from Air Innovations, which seeks a 
waiver for specified walk-in cooler refrigeration system basic models 
from the U.S. Department of Energy (``DOE'') test procedure used to 
determine the efficiency and energy consumption of walk-in coolers and 
walk-in freezers. DOE also gives notice of an Interim Waiver Order that 
requires Air Innovations to test and rate the specified walk-in cooler 
refrigeration system basic models in accordance with the alternate test 
procedure set forth in the Interim Waiver Order, which modifies the 
alternate test procedure suggested by Air Innovations. DOE solicits 
comments, data, and information concerning Air Innovations' petition, 
its suggested alternate test procedure, and the alternate test 
procedure specified in the Interim Waiver Order so as to inform DOE's 
final decision on Air Innovations' waiver request.

DATES: The Interim Waiver Order is effective on January 12, 2021. 
Written comments and information will be accepted on or before February 
11, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
case number ``2019-010'', and Docket number ``EERE-2019-BT-WAV-0029,'' 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Case 
No. 2019-010 in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Office, Mail Stop EE-5B, Petition for 
Waiver Case No. 2019-010, 1000 Independence Avenue SW, Washington, DC 
20585-0121. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a ``CD'', in which 
case it is not necessary to include printed copies.
    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at http://www.regulations.gov. All documents in the docket are 
listed in the http://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.
    The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0029. The docket web page contains 
instruction on how to access all documents, including public comments, 
in the docket. See the SUPPLEMENTARY INFORMATION section for 
information on how to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, Mailstop 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]@hq.doe.gov.

SUPPLEMENTARY INFORMATION: DOE is publishing Air Innovations' petition 
for waiver, pursuant to 10 CFR 431.401(b)(1)(iv), absent information 
for which the petitioner requested treatment as confidential business 
information. DOE invites all interested parties to submit in writing by 
February 11, 2021, comments and information on all aspects of the 
petition, including the alternate test procedure. Pursuant to 10 CFR 
431.401(d), any person submitting written comments to DOE must also 
send a copy of such comments to the petitioner. The contact information 
for the petitioner is: Scott Toukatly, [email protected], 
2301 SW 145th Avenue, Miramar, FL 33027.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. If this instruction is followed, persons viewing comments will 
see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through http://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you

[[Page 2404]]

have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier two well-marked copies: 
One copy of the document marked ``confidential'' including all the 
information believed to be confidential, and one copy of the document 
marked ``non-confidential'' with the information believed to be 
confidential deleted. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

Signing Authority

    This document of the Department of Energy was signed on January 7, 
2021, 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 January 7, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case Number 2019-010

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, 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, added by the National Energy Conservation Policy Act, Public Law 
95-619, sec. 441 (Nov. 9, 1978), established the Energy Conservation 
Program for Certain Industrial Equipment, which sets forth a variety of 
provisions designed to improve the energy efficiency for certain types 
of industrial equipment. Through amendments brought about by the Energy 
Independence and Security Act of 2007, Public Law 110-140, sec. 312 
(Dec. 19, 2007), this equipment includes walk-in coolers and walk-in 
freezers, the subject of this Interim Waiver Order. (42 U.S.C. 
6311(1)(G))
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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), 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 the energy efficiency, energy use or 
estimated annual operating cost of covered products and 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 used to determine the net capacity and annual walk-
in energy factor (``AWEF'') of walk-in cooler and walk-in freezer 
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. 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. See 10 CFR 
431.401(f)(2). A petitioner must include in its petition any alternate 
test procedures known to the petitioner to evaluate the performance of 
the

[[Page 2405]]

equipment type in a manner representative of its energy consumption 
characteristics of the basic model. See 10 CFR 431.401(b)(1)(iii). DOE 
may grant the waiver subject to conditions, including adherence to 
alternate test procedures. See 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. See 10 CFR 431.401(1). As soon thereafter as 
practicable, DOE will publish in the Federal Register a final rule to 
that effect. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying 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. See 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. See 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. 
See 10 CFR 431.401(h)(2).

II. Air Innovations' Petition for Waiver and Application for Interim 
Waiver

    On September 23, 2019, DOE received an email from Air Innovations 
filing a petition for an interim waiver from the test procedure for 
walk-in cooler and walk-in freezer refrigeration systems set forth at 
Appendix C (Air Innovations, No. 1 at p. 1 \3\). The waiver process 
under 10 CFR 431.401 requires that a petitioner must request a waiver 
for there to be consideration of a petition for an interim waiver. Air 
Innovations later confirmed in a May 21, 2020 email that the petition 
should also be considered as a petition for waiver (Air Innovations, 
No. 4).
---------------------------------------------------------------------------

    \3\ A notation in the form ``Air Innovations, No. 1'' identifies 
a written submission: (1) Made by Air Innovations; and (2) recorded 
in document number 1 that is filed in the docket of this petition 
for waiver (Docket No. EERE-2019-BT-WAV-0029) and available at 
http://www.regulations.gov.
---------------------------------------------------------------------------

    The primary assertion in the petition, absent an interim waiver, is 
that the prescribed test procedure would evaluate the specified basic 
models in a manner so unrepresentative of their true energy consumption 
as to provide materially inaccurate comparative data. As presented in 
Air Innovations' petition, the specified basic models of walk-in cooler 
refrigeration systems operate at a temperature range of 45-65 [deg]F; 
higher than that of a typical walk-in cooler refrigeration system. 
Thus, the 35 [deg]F temperature specified in the DOE test procedure for 
medium-temperature walk-in refrigeration systems would result in the 
prescribed test procedures evaluating the specified basic models in a 
manner so unrepresentative of their true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
Air Innovations also states that the specified basic models are ``wine 
cellar cooling systems'' that operate at temperature and relative 
humidity ranges optimized for the long-term storage of wine and are 
usually located in air-conditioned spaces. Air Innovations contends 
that because of these characteristics, wine cellar walk-in 
refrigeration systems differ in their walk-in box temperature setpoint, 
walk-in box relative humidity, low/high load split,\4\ and compressor 
efficiency from other walk-in cooler refrigeration systems.
---------------------------------------------------------------------------

    \4\ The DOE test procedure incorporates by reference Air-
Conditioning, Heating, and Refrigeration Institute (``AHRI'') Test 
Standard 1250-2009, ``Standard for Performance Rating of Walk-in 
Coolers and Freezers'' (including Errata sheet dated December 2015) 
(``AHRI 1250-2009''). Section 6 of that standard defines walk-in box 
thermal loads as a function of refrigeration system net capacity for 
both high-load and low-load periods. The waiver petition asserts 
that wine cellars do not have distinct high and low load periods, 
and that the box load levels in the test standard are not 
representative for wine cellar refrigeration systems.
---------------------------------------------------------------------------

    Air Innovations states that the specified basic models are designed 
to provide a cold environment at a temperature range between 45-65 
[deg]F with 50-70 percent relative humidity (``RH''), and typically are 
kept at 55 [deg]F and 55 percent RH rather than the 35 [deg]F and <50 
percent RH test condition prescribed by the DOE test procedure. The 
website for Air Innovations' Wine Guardian brand stresses the 
importance of temperature control for optimum wine storage, and states 
that the ideal temperature range for wine storage is 55 [deg]F to 57 
[deg]F and that the ideal average relative humidity is 60 percent.\5\ 
Further, Air Innovations states that the refrigeration systems are 
designed solely for the purpose of long-term wine storage to mimic the 
temperature and humidity of natural caves. Air Innovations also asserts 
that operating a wine cellar at the 35 [deg]F condition would adversely 
mechanically alter the intended performance of the system, which would 
include icing of the evaporator coil that could potentially damage the 
compressor, and would not result in an accurate representation of the 
performance of the cooling unit.
---------------------------------------------------------------------------

    \5\ https://wineguardian.com/proper-wine-storage-temperature-and-humidity/.
---------------------------------------------------------------------------

    Additionally, the Thru-the-wall (TTW009 and TTW018) and Ducted 
Self-contained (D025, D050, D088, and D200) basic models of walk-in 
refrigeration systems identified in Air Innovations' waiver petition 
are single-package systems. Although not explicitly identified by Air 
Innovations, DOE recognizes that because of their single-package 
design, these basic models have insufficient space within the units and 
insufficient lengths of liquid line and evaporator outlet line for the 
dual mass flow meters and the dual temperature and pressure 
measurements required by the test procedure's refrigerant enthalpy 
method. AHRI 1250-2009 does not include specific provisions for testing 
single-package systems and testing these basic models using the 
refrigerant enthalpy method as required by Appendix C would require 
extensive additional piping to route the pipes out of the system where 
the components can be installed, and then back in.\6\ This additional 
piping would impact unit performance, likely be inconsistent between 
test labs, and result in unrepresentative test values for the unit 
under test. AHRI has recently published a revised version of the test 
standard that provides provisions for single-package systems without 
requiring extensive additional piping (AHRI 1250-2020, 2020 Standard 
for Performance Rating of Walk-in Coolers and Freezers). As discussed 
below, the interim waiver alternative test procedure presented for 
comment in this notification adopts the new test methods included in 
AHRI 1250-2020 for single-package units.
---------------------------------------------------------------------------

    \6\ In a waiver granted to Store It Cold for certain models of 
single-package units, DOE acknowledged a similar issue in which the 
additional piping necessary to install the required testing 
components would affect performance of the units, rendering the 
results unrepresentative. See 84 FR 39286 (Aug. 9, 2019). In the 
case of the waiver granted to Store It Cold, the refrigerant 
enthalpy method yielded inaccurate data for the specified basic 
models compared to the basic models' true performance 
characteristics because of the additional piping required to attach 
the testing components required by the refrigerant enthalpy test. 
The same issues are present for the specified basic Thru-the-wall 
and Ducted Self-contained single-package basic models included in 
Air Innovations' waiver petition.
---------------------------------------------------------------------------

    DOE has received multiple requests from wine cellar manufacturers 
for waiver and interim waiver from Appendix C. In light of these 
requests,

[[Page 2406]]

DOE met with the AHRI and wine cellar walk-in refrigeration system 
manufacturers to develop a consistent and representative alternate test 
procedure that would be relevant to each waiver request. Ultimately, 
AHRI sent a letter to DOE on August 18, 2020, summarizing the 
industry's position on several issues (``AHRI August 2020 Letter'').\7\ 
This letter documents industry support for specific wine cellar walk-in 
refrigeration system test procedure requirements, allowing the 
provisions to apply only to refrigeration systems with a minimum 
operating temperature of 45 [deg]F, since wine cellar system controls 
and unit design specifications prevent a temperature below 45 [deg]F. A 
provision for testing walk-in wine cellar refrigeration systems at an 
external static pressure (``ESP'') \8\ of 50 percent of the maximum ESP 
to be specified by manufacturers for each basic model (AHRI August 2020 
Letter) is also included.
---------------------------------------------------------------------------

    \7\ DOE's meetings with Air Innovations and other wine cellar 
refrigeration systems were conducted consistent with the 
Department's ex parte meeting guidance (74 FR 52795; October 14, 
2009). The AHRI August 2020 letter memorializes this communication 
and is provided in Docket No. EERE- 2019-BT-WAV-0029-0005.
    \8\ External static pressure is the sum of all the pressure 
resisting the fans, in this case chiefly the resistance generated by 
the air moving through ductwork.
---------------------------------------------------------------------------

    Accordingly, Air Innovations submitted an updated petition for 
waiver and interim waiver on October 19, 2020 (Air Innovations, No. 6). 
The updated petition states that all basic models listed in the 
petition for waiver and interim waiver cannot be operated at a 
temperature less than 45 [deg]F and provides DOE with maximum ESP 
values for specified ducted self-contained and ducted split system 
basic models.\9\
---------------------------------------------------------------------------

    \9\ Air Innovations' has stated that the maximum ESP values 
included in their updated petition for waiver are confidential 
business information. These values have been replaced by ``[ESP 
REDACTED]'' in the publicly available petition. Further, Air 
Innovations included a maximum ESP for model TTW018 in a clarifying 
email on December 18, 2020 (Air Innovations, No. 10). This value has 
also been replaced by ``[ESP REDACTED]'' in the publicly available 
version.
---------------------------------------------------------------------------

    Air Innovations requests an interim waiver from the existing DOE 
test procedure. DOE will 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 of the petition for waiver. See 10 CFR 
431.401(e)(2).

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use the applicable DOE test 
procedures when making representations about the energy consumption and 
energy consumption costs of covered equipment. (42 U.S.C. 6314(d)). 
Consistency is important when making representations about the energy 
efficiency of products and equipment, including when demonstrating 
compliance with applicable DOE energy conservation standards. Pursuant 
to its regulations at 10 CFR 431.401, and after consideration of public 
comments on the petition, DOE may establish in a subsequent Decision 
and Order an alternate test procedure for the basic models addressed by 
the Interim Waiver Order.
    Air Innovations seeks to use an approach that would test and rate 
specific wine cellar walk-in refrigeration system basic models. The 
company's suggested approach specifies using an air-return temperature 
of 55 [deg]F, as opposed to the 35 [deg]F requirement prescribed in the 
current DOE test procedure. Air Innovations also suggests using an air-
return relative humidity of 55 percent RH, as opposed to <50 percent 
RH. Additionally, Air Innovations requests that a correction factor of 
0.55 be applied to the final AWEF calculation to account for the 
different use and load patterns of the specified basic models as 
compared to walk-in cooler refrigeration systems generally. Air 
Innovations cited the use of such a correction factor for coolers \10\ 
and combination cooler refrigeration products under DOE's test 
procedure for miscellaneous refrigeration products at 10 CFR part 430, 
subpart B, appendix A.
---------------------------------------------------------------------------

    \10\ A cooler is a cabinet, used with one or more doors, that 
has a source of refrigeration capable of operating on single-phase, 
alternating current and is capable of maintaining compartment 
temperatures either: (1) No lower than 39 [deg]F (3.9 [deg]C); or 
(2) In a range that extends no lower than 37 [deg]F (2.8 [deg]C) but 
at least as high as 60 [deg]F (15.6 [deg]C). 10 CFR 430.2.
---------------------------------------------------------------------------

IV. Interim Waiver Order

    DOE has reviewed Air Innovations' application, its suggested 
testing approach, representations of the specified basic models on the 
website for the Wine Guardian brand, related product catalogs, and 
information provided by Air Innovations and other wine cellar walk-in 
refrigeration system manufacturers in meetings with DOE. Based on this 
review, DOE is granting an interim waiver that requires testing with a 
modified version of the testing approach suggested by Air Innovations.
    The modified testing approach would apply to the models specified 
in Air Innovations' waiver petition that include two categories of WICF 
refrigeration systems, i.e., single package and split (matched) 
systems. The Through-the-wall and Ducted Self-contained Systems are 
single-package systems. The basic models that are Through-the-wall 
systems (basic model numbers TTW009 and TTW018) are designed for 
installation through the wall of a wine cellar, while the basic models 
that are Ducted Self-contained systems (basic model numbers D025, D050, 
D088, D200) are designed to be installed remotely from the wine cellar 
and provide cooling by circulating air through ducts from the wine 
cellar to the unit and back. The basic models that are Ducted Split 
Systems (basic model numbers DS025, DS050, DS088, and DS200) and 
Ductless Split Systems (basic model numbers SS018 CS025, and CS050) are 
split (matched) systems, in which refrigerant circulates between the 
``fan coil'' (unit cooler) portion of the unit and the ``condensing 
unit''. The refrigerant cools the wine cellar air in the fan coil, 
while the condensing unit rejects heat from the refrigeration system in 
a remote location, often outside. The fan coil of the Ducted Split 
System circulates air through ducts from the wine cellar to the fan 
coil and back to provide cooling, while the fan coil of the Ductless 
Split System is installed either partially or entirely in the wine 
cellar, allowing direct cooling. The capacity range of the specified 
basic models is from 1,130 Btu/h to 15,000 Btu/h for the specified 
operating conditions for each of the models.\11\
---------------------------------------------------------------------------

    \11\ The specified operating conditions vary among the models 
but are generally 57 [deg]F and 55% relative humidity cold-side air 
entering conditions and either 75 [deg]F or 80 [deg]F warm-side air 
entering temperature. An example series of specified models with 
capacity information based upon these conditions can be found at 
https://wineguardian.com/wp-content/uploads/2020/01/Split-System-Datasheet-2020-01-16.pdf.
---------------------------------------------------------------------------

    DOE considers the operating temperature range of the specified 
basic models to be integral to its analysis of whether such models 
require a test procedure waiver. Grant of the interim waiver and its 
alternative test procedure to the specified basic models listed in the 
petition is based upon the representation by Air Innovations that the 
operating range for the basic models listed in the interim waiver does 
not extend below 45 [deg]F.
    The alternate test procedure specified in the Interim Waiver Order 
requires testing the specified basic models according to Appendix C 
with the following changes. The required alternate test procedure 
specifies an air entering dry-bulb temperature of 55 [deg]F and a 
relative humidity of 55 percent. The alternate test procedure also 
specifies that the capacity measurement for the specified basic models 
that are

[[Page 2407]]

single-package systems (i.e., the Thru-the-wall and Ducted Self-
contained systems) be conducted using a primary and a secondary 
capacity measurement method as specified in AHRI 1250-2020, using two 
of the following: The indoor air enthalpy method; the outdoor air 
enthalpy method; the compressor calibration method; the indoor room 
calorimeter method; the outdoor room calorimeter method; or the 
balanced ambient room calorimeter method.
    The required alternate test procedure also includes the following 
additional modifications to Air Innovations' suggested approach: For 
systems that can be installed with (1) ducted evaporator air, (2) with 
or without ducted evaporator air, (3) ducted condenser air, or (4) with 
or without ducted condenser air, testing would be conducted at 50 
percent of the maximum ESP, consistent with the AHRI August 2020 Letter 
recommendations, subject to a tolerance of -0.00/+0.05 in. wc.\12\ DOE 
understands that maximum ESP is generally not published in available 
literature such as installation instructions, but manufacturers do 
generally specify the size and maximum length of ductwork that is 
acceptable for any given unit in such literature. The duct 
specifications determine what ESP would be imposed on the unit in field 
operation.\13\ The provision of allowable duct dimensions is more 
convenient for installers than maximum ESP, since it relieves the 
installer from having to perform duct pressure drop calculations to 
determine ESP. DOE independently calculated the maximum pressure drop 
over a range of common duct roughness values \14\ using duct lengths 
and diameters published in Air Innovations' installation manuals.\15\ 
DOE's calculations show reasonable agreement with the maximum ESP 
values provided by Air Innovations for the specified basic models. 
Given that the number and degree of duct bends and duct type will vary 
by installation, DOE found the maximum ESP values provided by Air 
Innovations to be sufficiently representative.
---------------------------------------------------------------------------

    \12\ Inches of water column (``in. wc'') is a unit of pressure 
conventionally used for measurement of pressure differentials.
    \13\ The duct material, length, diameter, shape, and 
configuration are used to calculate the ESP generated in the duct, 
along with the temperature and flow rate of the air passing through 
the duct. The conditions during normal operation that result in a 
maximum ESP are used to calculate the reported maximum ESP values, 
which are dependent on individual unit design and represent 
manufacturer-recommended installation and use.
    \14\ Calculations were conducted over an absolute roughness 
range of 1.0-4.6 mm for flexible duct as defined in pages 1-2 of an 
OSTI Journal Article on pressure loss in flexible HVAC ducts at 
https://www.osti.gov/servlets/purl/836654 (Docket No. EERE-2019-BT-
WAV-0029) and available at http://www.regulations.gov.
    \15\ Duct lengths and diameters can be found in Air Innovations' 
installation manuals at http://www.regulations.gov Docket No. EERE-
2019-BT-WAV-0029-0008 and Docket No. EERE-2019-BT-WAV-0029-0009.
---------------------------------------------------------------------------

    Selection of a representative ESP equal to half the maximum ESP is 
based on the expectation that most installations will require less than 
the maximum allowable duct length. In the absence of field data, DOE 
expects that a range of duct lengths from the minimal length to the 
maximum allowable length would be used; thus, DOE believes that half of 
the maximum ESP would be representative of most installations. For 
basic models with condenser or evaporator systems that are not designed 
for the ducting of air, this design characteristic must be clearly 
stated.
    Additionally, if there are multiple condenser or fan-coil (unit 
cooler) fan speed settings, the speed setting used would be as 
instructed in the unit's installation instructions. However, if the 
installation instructions do not specify a fan speed setting for ducted 
installation, systems that can be installed with ducts would be tested 
with the highest available fan speed. The ESP would be set for testing 
either by symmetrically restricting the outlet duct \16\ or, if using 
the indoor air enthalpy method, by adjusting the airflow measurement 
apparatus blower.
---------------------------------------------------------------------------

    \16\ This approach is used for testing of furnace fans, as 
described in Section 8.6.1.1 of 10 CFR part 430, appendix AA to 
subpart B.
---------------------------------------------------------------------------

    The alternate test procedure also describes the requirements for 
measurement of ESP consistent with provisions provided in AHRI 1250-
2020 when using the indoor air enthalpy method with unit coolers.
    Additionally, the alternate test procedure indicates that specified 
basic models that are split systems must be tested as matched pairs. 
According to Air Innovations' petition, the walk-in refrigeration 
system basic models that are split-systems are sold as full systems 
(i.e., matched pairs) rather than as individual unit cooler and 
condensing unit components. This Interim Waiver Order provides no 
direction regarding refrigerant line connection operating conditions, 
and as such is inapplicable to testing the basic models as individual 
components. Consequently, the Interim Waiver Order addresses only 
matched-pair testing of the specified basic models that are split-
systems.
    DOE notes that, despite the request from Air Innovations, it is not 
including a 0.55 correction factor in the alternate test procedure 
required by the Interim Waiver Order. The company had observed that the 
test procedure in appendix A to subpart B of 10 CFR part 430 
(``Appendix A''), includes such a factor to account for the difference 
in use and loading patterns of coolers (e.g., self-contained wine 
chiller cabinets) as compared to other residential refrigeration 
products and sought to include a factor as part of its petition. 
Coolers, like other residential refrigeration products, are tested in a 
90 [deg]F room without door openings (section 2.1.1 of Appendix A). The 
intent of the energy test procedure for residential refrigeration 
products is to simulate operation in typical room conditions (72 
[deg]F) with door openings by testing at 90 [deg]F ambient temperature 
without door openings. 10 CFR 430.23(ff)(7). In section 5.2.1.1 of 
Appendix A, a correction factor of 0.55 is applied to the measured 
energy consumption of coolers so that measuring energy consumption at 
90 [deg]F ambient temperature without door openings provides test 
results that are representative of consumer usage at 72 [deg]F ambient 
temperature with door openings. Specifically, the 0.55 correction 
factor reflects that (1) closed-door operation of self-contained 
coolers in typical 72 [deg]F room conditions results in an average 
energy consumption 0.46 times the value measured at the 90 [deg]F 
ambient temperature specified by the test procedure; and (2) expected 
door openings of a self-contained wine chiller would add an additional 
20% thermal load. Multiplying 0.46 by 1.2 results in the overall 
correction factor of 0.55. See 81 FR 46768, 46782 (July 18, 2016) 
(final rule for miscellaneous refrigeration products).
    In contrast, these same closed-door conditions on which the 
miscellaneous refrigeration correction factor is based are not present 
in the test procedure for walk-in cooler refrigeration systems. The 
WICF test procedure does not provide for closed-door testing at 
elevated ambient temperatures as the test procedure for residential 
refrigeration products does because walk-ins are tested and rated by 
component, with a walk-in refrigeration system tested and rated 
separately from a walk-in enclosure (panels and doors). See 76 FR 
21580. Walk-in refrigeration load is set by using a representative 
ratio of box load to capacity (see discussion below). As a result, 
applying the 0.55 correction factor as suggested by Air Innovations is 
not appropriate for the specified basic models.
    Further, Air Innovations asserted that the suggested 0.55 
correction factor was to address the differences in run time

[[Page 2408]]

and compressor inefficiency of the specified basic models as compared 
to walk-in cooler refrigeration systems more generally. It suggested 
that the run time for wine cellar walk-in refrigeration systems ranges 
from 50 to 75 percent. AHRI 1250-2009 accounts for percent run time in 
the AWEF calculation by setting walk-in box load equal to specific 
fractions of refrigeration system net capacity--the fractions are 
defined based on whether the refrigeration system is for cooler or 
freezer applications, and whether it is designed for indoor or outdoor 
installation (see sections 6.2 (applicable to coolers) and 6.3 
(applicable to freezers) of AHRI 1250-2009). The alternate test 
procedure provided by this interim waiver requires calculating AWEF 
based on setting the walk-in box load equal to half of the 
refrigeration system net capacity, without variation according to high 
and low load periods and without variation with outdoor air temperature 
for outdoor refrigeration systems. Setting the walk-in box load equal 
to half the refrigeration system net capacity results in a 
refrigeration system run time fraction slightly above 50 percent, which 
is in the range suggested by Air Innovations as being representative 
for the specified basic models. As previously discussed, walk-in energy 
consumption is determined by component, with separate test procedures 
for walk-in refrigeration systems, doors, and panels. Section 6 of AHRI 
1250-2009 provides equations for determining refrigeration box load as 
a function of refrigeration system capacity. Using these equations with 
an assumed load factor of 50 percent maintains consistency with 
Appendix C while providing an appropriate load fraction for wine cellar 
refrigeration systems. Accordingly, DOE has declined to adopt a 
correction factor for the equipment at issue.
    Based on DOE's review of Air Innovations' petition, the required 
alternate test procedure laid out in the Interim Waiver Order appears 
to allow for the accurate measurement of energy efficiency of the 
specified basic models, while alleviating the testing issues associated 
with Air Innovations' implementation of wine cellar walk-in 
refrigeration system testing for these basic models. Consequently, DOE 
has determined that Air Innovations' petition for waiver will likely be 
granted. Furthermore, DOE has determined that it is desirable for 
public policy reasons to grant Air Innovations immediate relief pending 
a determination of the petition for waiver.
    For the reasons stated, it is Ordered that:
    (1) Air Innovations must test and rate the following Air 
Innovations-branded wine cellar walk-in refrigeration system basic 
models \17\ with the alternate test procedure set forth in paragraph 
(2).
---------------------------------------------------------------------------

    \17\ Basic model TTW009 was initially included in Air 
Innovation's petition, prior to an email submission on December 18, 
2020 stating that Air Innovations has decided to discontinue 
offering model TTW009 (Air Innovations, No. 10).

----------------------------------------------------------------------------------------------------------------
                                                                   Ducted self-    Ducted split   Ductless split
                        Through-the-wall                             contained        system          system
----------------------------------------------------------------------------------------------------------------
TTW018..........................................................            D025           DS025           SS018
                                                                            D050           DS050           CS025
                                                                            D088           DS088           CS050
                                                                           D0200           DS200
----------------------------------------------------------------------------------------------------------------

    (2) The alternate test procedure for the Air Innovations basic 
models identified in paragraph (1) of this Interim Waiver Order is the 
test procedure for Walk-in Cooler Refrigeration Systems prescribed by 
DOE at 10 CFR part 431, subpart R, appendix C (``Appendix C to Subpart 
R''), except as detailed below. All other requirements of Appendix C to 
Subpart R, and DOE's regulations remain applicable.
    In Appendix C to Subpart R, revise section 3.1.1 (which specifies 
modifications to AHRI 1250-2009 (incorporated by reference; see Sec.  
431.303)) to read:
    3.1.1. In Table 1, Instrumentation Accuracy, refrigerant 
temperature measurements shall have an accuracy of 0.5 
[deg]F for unit cooler in/out. Measurements used to determine 
temperature or water vapor content of the air (i.e., wet bulb or dew 
point) shall be accurate to within 0.25 [deg]F; all other 
temperature measurements shall be accurate to within 1.0 
[deg]F.
    In Appendix C to Subpart R, revise section 3.1.4 (which specifies 
modifications to AHRI 1250-2009) and add modifications of AHRI 1250-
2009 Tables 3 and 4 to read:
    3.1.4. In Tables 3 and 4 of AHRI 1250-2009, Section 5, the 
Condenser Air Entering Wet-Bulb Temperature requirement applies only to 
single-packaged dedicated systems. Tables 3 and 4 shall be modified to 
read:

                Table 3--Fixed Capacity Matched Refrigerator System and Single-Packaged Dedicated System, Condensing Unit Located Indoor
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Unit cooler
                                         Unit cooler    air entering    Condenser air      Maximum
           Test description             air entering      relative      entering dry-   condenser air      Compressor status          Test objective
                                          dry-bulb,      humidity, %    bulb, [deg]F    entering wet-
                                           [deg]F            \1\                        bulb, [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Evaporator Fan Power.................              55              55  ..............  ..............  ........................  Measure fan input
                                                                                                                                  wattage.\2\
Refrigeration Capacity...............              55              55              90          \3\ 65  Compressor On...........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler, input
                                                                                                                                  power, and EER at
                                                                                                                                  Rating Condition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative
  humidity is 3%.
\2\ Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the
  evaporator fan.

[[Page 2409]]

 
\3\ Maximum allowable value for Single-Packaged 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    Condenser air      Maximum
           Test description             air entering      relative      entering dry-   condenser air      Compressor status          Test objective
                                          dry-bulb,      humidity, %    bulb, [deg]F    entering wet-
                                           [deg]F            \1\                        bulb, [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Evaporator Fan Power.................              55              55  ..............  ..............  ........................  Measure fan input
                                                                                                                                  wattage.\2\
Refrigeration Capacity A.............              55              55              95          \3\ 68  Compressor On...........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler, input
                                                                                                                                  power, and EER at
                                                                                                                                  Rating Condition.
Refrigeration Capacity B.............              55              55              59          \3\ 46  Compressor On...........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler and
                                                                                                                                  system input power at
                                                                                                                                  moderate condition.
Refrigeration Capacity C.............              55              55              35          \3\ 29  Compressor On...........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler and
                                                                                                                                  system input power at
                                                                                                                                  cold condition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative
  humidity is 3%.
\2\ Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the
  evaporator fan.
\3\ 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 Appendix C to Subpart R, following section 3.2.5 (instructions 
regarding modifications to AHRI 1250-2009), add sections 3.2.6 and 
3.2.7 to read:
    3.2.6. The purpose in section C1 of appendix C is modified by 
extending it to include Single-Packaged Dedicated Systems.
    3.2.7. For general test conditions and data recording (appendix C, 
section C7), the test acceptance criteria in Table 2 and the data to be 
recorded in Table C2 apply to the Dual Instrumentation and Calibrated 
Box methods of test.
    In Appendix C to Subpart R, revise section 3.3 to read:
    3.3. Matched systems, single-packaged dedicated systems, and unit 
coolers tested alone: Test any split system wine cellar walk-in 
refrigeration system as a matched pair. Any condensing unit or unit 
cooler component must be matched with a corresponding counterpart for 
testing. 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 following modifications:
* * * * *
    In Appendix C to Subpart R, revise sections 3.3.3 through 3.3.3.2 
to read:
    3.3.3. Evaporator fan power.
    3.3.3.1. The unit cooler fan power consumption shall be measured in 
accordance with the requirements in Section C3.5 of AHRI 1250-2009. 
This measurement shall be made with the fan operating at full speed, 
either measuring unit cooler or total system power input upon the 
completion of the steady state test when the compressors and condenser 
fan of the walk-in system is turned off, or by submetered measurement 
of the evaporator fan power during the steady state test.
    Section C3.5 of AHRI 1250-2009 is revised to read:
    Unit Cooler Fan Power Measurement. The following shall be measured 
and recorded during a fan power test.

EFcomp,on Total electrical power input to fan motor(s) of Unit Cooler, 
W
FS Fan speed (s), rpm
N Number of motors
Pb Barometric pressure, in. Hg
Tdb Dry-bulb temperature of air at inlet, [deg]F
Twb Wet-bulb temperature of air at inlet, [deg]F
V Voltage of each phase, V

    For a given motor winding configuration, the total power input 
shall be measured at the highest nameplated voltage. For three-phase 
power, voltage imbalance shall be no more than 2%.
    3.3.3.2. Evaporator fan power for the off cycle is equal to the on-
cycle evaporator fan power with a run time of ten percent of the off-
cycle time.

EFcomp,of f = 0.1 x EFcomp,on

    In Appendix C to Subpart R, following section 3.3.7.2, add new 
sections 3.3.8, 3.3.9, and 3.3.10 to read:
    3.3.8. Measure power and capacity of single-packaged dedicated 
systems as described in sections C4.1.2 and C9 of AHRI 1250-2020. The 
third and fourth sentences of Section C9.1.1.1 of AHRI 1250-2020 
(``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.'') shall not apply.
    3.3.9. For systems with ducted evaporator air, or that can be 
installed with or without ducted evaporator air: Connect ductwork on 
both the inlet and outlet connections and determine external static 
pressure as described in ASHRAE 37-2009, sections 6.4 and 6.5. Use 
pressure measurement instrumentation as described in ASHRAE 37-2009 
section 5.3.2. Test at the fan speed specified in manufacturer 
installation instructions--if there is more than one fan speed setting 
and the installation instructions do not specify which speed to use, 
test at the highest speed. Conduct tests with the external static 
pressure equal to 50 percent of the maximum external static pressure 
allowed by the manufacturer for system installation within a tolerance 
of -0.00/+0.05 in. wc. If testing with the indoor air enthalpy method, 
adjust the airflow measurement apparatus fan to set the external static 
pressure--otherwise, set the external static pressure by symmetrically 
restricting the outlet of the test duct. In case of conflict, these 
requirements for setting evaporator

[[Page 2410]]

airflow take precedence over airflow values specified in manufacturer 
installation instructions or product literature.
    3.3.10. For systems with ducted condenser air, or that can be 
installed with or without ducted condenser air: Connect ductwork on 
both the inlet and outlet connections and determine external static 
pressure as described in ASHRAE 37-2009, sections 6.4 and 6.5. Use 
pressure measurement instrumentation as described in ASHRAE 37-2009 
section 5.3.2. Test at the fan speed specified in manufacturer 
installation instructions--if there is more than one fan speed setting 
and the installation instructions do not specify which speed to use, 
test at the highest speed. Conduct tests with the external static 
pressure equal to 50 percent of the maximum external static pressure 
allowed by the manufacturer for system installation within a tolerance 
of -0.00/+0.05 in. wc. If testing with the outdoor enthalpy method, 
adjust the airflow measurement apparatus fan to set the external static 
pressure--otherwise, set the external static pressure by symmetrically 
restricting the outlet of the test duct. In case of conflict, these 
requirements for setting condenser airflow take precedence over airflow 
values specified in manufacturer installation instructions or product 
literature. If testing using the outdoor air enthalpy method, the 
requirements of section 8.6 of ASHRAE 37-2009 are not applicable.
    In Appendix C to Subpart R, revise section 3.3.6 (which specifies 
modifications to AHRI 1250-2009) to read:
    3.3.6. AWEF is calculated on the basis that walk-in box load is 
equal to half of the system net capacity, without variation according 
to high and low load periods and without variation with outdoor air 
temperature for outdoor refrigeration systems, and the test must be 
done as a matched or single-package refrigeration system, as follows:
    For Indoor Condensing Units:
BILLING CODE 6450-01-P
[GRAPHIC] [TIFF OMITTED] TN12JA21.001

    For Outdoor Condensing Units:
    [GRAPHIC] [TIFF OMITTED] TN12JA21.002
    
BILLING CODE 6450-01-C
    (3) Representations. Air Innovations may not make representations 
about the efficiency of a basic model listed in paragraph (1) of this 
Interim Waiver Order for compliance, marketing, or other purposes 
unless that 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 interim waiver shall remain in effect according to the 
provisions of 10 CFR 430.401.
    (5) This Interim Waiver Order is issued on the condition that the 
statements and representations provided by Air Innovations are valid. 
If Air Innovations makes any modifications to the controls or 
configurations of a basic model subject to this Interim Waiver

[[Page 2411]]

Order, such modifications will render the waiver invalid with respect 
to that basic model, and Air Innovations 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 the Interim 
Waiver Order 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, Air 
Innovations may request that DOE rescind or modify the Interim Waiver 
Order if Air Innovations discovers an error in the information provided 
to DOE as part of its petition, determines that the interim waiver is 
no longer needed, or for other appropriate reasons. 10 CFR 
431.401(k)(2).
    (6) Issuance of this Interim Waiver Order does not release Air 
Innovations from the certification requirements set forth at 10 CFR 
part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. Air Innovations may submit 
a new or amended petition for waiver and request for grant of interim 
waiver, as appropriate, for additional basic models of Walk-in Cooler 
Refrigeration Systems. Alternatively, if appropriate, Air Innovations 
may request that DOE extend the scope of a waiver or an interim waiver 
to include additional basic models employing the same technology as the 
basic model(s) set forth in the original petition consistent with 10 
CFR 431.401(g).

    Signed in Washington, DC, on January 7, 2021.

Daniel R Simmons,

Assistant Secretary, Energy Efficiency and Renewable Energy.

Application for Waiver and Interim Waiver

    Air Innovations (Wine Guardian Brand) is requesting for a Waiver 
and Interim Waiver from a DOE test procedure pursuant to provisions 
described in 10 CFR 431.401 for the following products on the grounds 
that ``either the basic model contains one or more design 
characteristics that prevent testing of the basic model according to 
the prescribed test procedures or 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.''

We ask that you refer to each of these website links to see our 
products, and their applications
https://wineguardian.com/https://wineguardian.com/wine-cellar-cooling-units/
https://wineguardian.com/wine-cellar-cooling-units/through-the-wall/
https://wineguardian.com/wine-cellar-cooling-units/ducted-wine-cellar-cooling-systems/
https://wineguardian.com/wine-cellar-cooling-units/split-system/

    The design characteristics constituting the grounds for the Waiver 
and Interim Waiver Application:
    AHRI 1250-2009 is silent on the definition of single packaged and 
matched pair refrigeration systems, however, as seen in Section 3.12 of 
the public comment version of soon to be published revision of AHRI 
1250, these type of products are defined as follows:
    3.12 Refrigeration System. The mechanism (including all controls 
and other components integral to the system's operation) used to create 
the refrigerated environment in the interior of a walk-in cooler or 
walk-in freezer, consisting of: A Dedicated Condensing Unit; or A Unit 
Cooler.
    3.12.1 Matched Refrigeration System (Matched-pair). A combination 
of a Dedicated Condensing Unit and one or more Unit Coolers specified 
by the Dedicated Condensing Unit manufacturer which are all distributed 
in commerce together. Single-Packaged Dedicated Systems are a subset of 
Matched Refrigeration Systems.
    3.12.2 Single-packaged Refrigeration System (Single-packaged). A 
Matched Refrigeration System that is a Single-packaged assembly that 
includes one or more compressors, a condenser, a means for forced 
circulation of refrigerated air, and elements by which heat is 
transferred from air to refrigerant, without any element external to 
the system imposing resistance to flow of the refrigerated air.

SELF-CONTAINED COOLING SYSTEMS FOR WALK-IN WINE CELLARS (refer to 
single-packaged walk-in cooler refrigeration systems in AHRI 1250)

    * All basic models listed in our petition for Waiver and Interim 
Waiver cannot be operated at a temperature less than 45F.
     Self-contained cooling systems are designed to provide 
cold environment between 45~65 [deg]F and maintain relative humidity 
within the range of 50~70% for properly insulated and sized wine 
cellars.
     These temperature and relative humidity ranges are 
optimized for long term storage of wine like that in natural caves.
     These cooling systems are all-in-one ready for use and no 
more refrigerant piping is required in the field.
     These cooling systems are factory-built, critically 
charged and tested, and only require through-the-wall installation on 
walk-in wine cellars in the field.
     These systems are available as indoor or outdoor uses with 
automatic off-cycle air defrost.
     Wine cellars are usually located in air-conditioned 
spaces.

SPLIT COOLING SYSTEMS FOR WALK-IN WINE CELLARS (refer to matched-pair 
walk-in cooler refrigeration systems in AHRI 1250)

    * All basic models listed in our petition for Waiver and Interim 
Waiver cannot be operated at a temperature less than 45F.
     Split cooling systems are designed to provide cold 
environment between 45~65 [deg]F and maintain relative humidity range 
within 50~70% for properly insulated wine cellars.
     These temperature and relative humidity ranges are 
optimized for long term storage of wine like that in natural caves.
     These cooling systems consist of a remote condensing unit 
and an evaporator unit, which are connected by a liquid line and an 
insulated suction line.
     These systems must be charged properly with refrigerant in 
the field.
     These systems are available as indoor or outdoor uses with 
automatic off-cycle air defrost.
     Wine cellars are usually located in air-conditioned 
spaces.
     As opposed to utilize large compressors, large surface 
area coils, multiple fans, and large volumes of refrigerant, these 
systems employ fractional compressors and automatic expansion valves to 
maintain 50~70% relative humidity.
    DOE uniform test method for the measurement of energy consumption 
of walk-in coolers and walk-in freezers (WICF) described in 10 CFR 
431.304 adopts the test standard set forth in AHRI 1250-2009. Both 10 
CFR 431 and AHRI 1250 define WICF products as ``. . . an enclosed 
storage space refrigerated to temperatures, respectively, above, and at 
or below 32 degrees Fahrenheit that can be walked into, and has a total 
chilled storage area of less than 3,000 square feet. . .'' Walk-in wine 
cellar cooling systems meet this definition. Therefore, WICF products 
are subject to the test method and minimum energy requirements as 
described in 10 CFR 431.401.

[[Page 2412]]

    AHRI 1250 specifies that for walk-in coolers, the refrigeration 
system is to be rated at a cooler air-return temperature of 35 [deg]F 
(box setpoint) than is typically seen in a wine cellar application. 
Operating a wine cellar at this condition would adversely mechanically 
alter the intended performance of the system including icing of the 
evaporator coil, potential damage to the compressor, and will not 
result in an accurate representation of the performance of the cooling 
unit. Wine cellars generally are kept at 55 [deg]F, with 55% relative 
humidity.
    The calculation of the Annual Walk-in Energy Factor (AWEF) found in 
AHRI 1250 accounts for typical usage of WICF products with high and low 
load periods. Wine cellars see a constant load, no highs or lows, that 
does not resemble the use patterns that are representative of typical 
WICF products. Therefore, the AWEF calculation described in 10 CFR 
431.304 and AHRI 1250 does not match the applications of wine cellar 
cooling systems.
    The compressors used in wine cellar cooling systems are 
predominately fractional horsepower, which are inherently less 
efficient than larger compressors used in walk-in cooler refrigeration 
systems. Therefore, we do not believe there is technology on the market 
that will provide the needed energy efficiency in wine cellar cooling 
systems to meet the minimum AWEF value for commercial walk-in cooler 
refrigeration systems set forth in 10 CFR 431.306.
    The prescribed test procedure is unrepresentative of the products 
true energy characteristics.
    One or more design characteristics that prevent testing of the 
basic model according to the prescribed test procedures or cause the 
prescribed test procedures to evaluate the basic model in a manner so 
unrepresentative of its true energy or water consumption 
characteristics as to provide materially inaccurate comparative data.
    Basic Models on which the Waiver and Interim Waiver is being 
requested:

Thru-The-Wall (free blow/non-ducted): TTW009, TTW018
Ducted self-contained: D025, [ESP REDACTED]
    D050, [ESP REDACTED]
    D088, [ESP REDACTED]
    D200, [ESP REDACTED]
Ducted Split System: DS025, [ESP REDACTED]
    DS050, [ESP REDACTED]
    DS088, [ESP REDACTED]
    DS200, [ESP REDACTED]
Ductless Split System: SS018, CS025, CS050

Specific Requirements sought to be waived

    Petitioning for a Waiver and Interim Waiver to exempt wine cellar 
walk-in cooler systems from being tested to the current test 
procedures, specifically the requirement for the refrigeration system 
to be rated at an air-return temperature of 35 [deg]F.
    The petition also includes a correction factor of 0.55 to be 
applied to final AWEF calculations for wine cellar products to allow 
the unit to pass minimum efficiency as delineated by 10 CFR 431 subpart 
R. There is precedent for wine cooling products receiving a correction 
factor of 0.55 from Appendix A to Subpart B of 10 CFR 430 and DOE 
Direct Final Rule EERE-2011-BT-STD-0043-0122.
    List of manufacturers of all other basic models marketing in the 
United States and known to the petitioner to incorporate similar design 
characteristics--

(a) Air Innovations
(b) Bacchus
(c) BreezAire
(d) CellarPro
(e) Vinotemp
(f) WhisperKool

    Proposed alternate test procedure:
    AHRI 1250 test procedure will be followed, but with the following 
modifications:
    1. Temperature of the air returning to the walk-in cooling unit 
shall be 55 [deg]F.
    2. Relative humidity of the air returning to the walk-in cooling 
unit shall be 55%RH.
    3. The AWEF calculations shall include a correction factor of 0.55 
to inflate the final AWEF value for wine-related products to meet 
minimum efficiency standards.
    Technical Justifications for the alternate test procedure:
    As discussed previous, the technical justifications summarized for 
our products are as follows:
     Wine cellar environment is most typically at 55F/55%RH, so 
the return air to cooling unit is not consistent with what is 
prescribed in AHRl1250 presently.
     The component technology, specifically fractional HP 
compressors (reciprocating) are not being optimized for efficiency in 
the models our product sector dictate.
     Without the .55 correction factor, there is not a means to 
pass the minimum AWEF efficiency rating for these products. As noted 
earlier, there is a precedent set for applying this correction factor.
     Pending EPA SNAP regulations yet to be determined on 
effect for meeting minimum AWEF, as the refrigerant choices for lower 
GWP and model options available from component manufacturers 
(compressors, valves, heat exchangers, etc.) may limit ability further 
to comply with present requirements.
    Success of the application for Interim Waiver will:
    Success of the application for Interim Waiver will ensure that 
manufacturers of walk-in wine cellar cooling systems can continue to 
participate in the market.
    What economic hardship and/or competitive disadvantage is likely to 
result absent a favorable determination on the Application for Interim 
Waiver:
    Economic hardship will be loss of sales due to not meeting the DOE 
energy conservation standards set forth in 10 CFR 431.306 if the 
existing products were altered in order to test per current 
requirements set forth in 10 CFR 431.304 and AHRI 1250, it would add 
significant cost and increase energy consumption.
    Conclusion:
    Air Innovations (Wine Guardian Brand) seeks an Interim Waiver from 
DOE's current test method for the measurement of energy consumption of 
walk-in wine cellar Self-contained and Split cooling systems.

Respectfully submitted
/s/
Scott R. Toukatly,

Director of Engineering Air Innovations (Wine Guardian brand).

[FR Doc. 2021-00393 Filed 1-11-21; 8:45 am]
BILLING CODE 6450-01-P