[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11961-11972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04112]


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

DEPARTMENT OF ENERGY

[Case Number 2019-011; EERE-2019-BT-WAV-0038]


Energy Conservation Program: Notification of Petition for Waiver 
of Vinotheque 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 Vinotheque Wine Cellars DBA 
WhisperKOOL Corp. DBA CellarCool (``Vinotheque''), 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 Vinotheque 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 Vinotheque. DOE solicits 
comments, data, and information concerning Vinotheque's 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 Vinotheque's waiver request.

DATES: The Interim Waiver Order is effective on March 1, 2021. Written 
comments and information will be accepted on or before March 31, 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 ``2019-011'', and Docket number ``EERE-2019-BT-WAV-0038,'' 
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. 
2019-011 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. 2019-011, 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-0038. 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 Vinotheque's petition for 
waiver in its entirety appendix 1 to this document, pursuant to 10 CFR 
431.401(b)(1)(iv), absent information for which the petitioner 
requested treatment as confidential business

[[Page 11962]]

information. DOE invites all interested parties to submit in writing by 
March 31, 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: Christian Bromme, [email protected], 1738 
East Alpine Avenue, Stockton, CA 95205.
    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 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).

Case Number 2019-011

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 the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \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

[[Page 11963]]

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 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. Vinotheque's Petition for Waiver and Application for Interim Waiver

    DOE received correspondence, docketed on December 2, 2019, from 
Vinotheque seeking an interim waiver from the test procedure for walk-
in cooler and walk-in freezer refrigeration systems set forth at 
Appendix C (Vinotheque, No. 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. Vinotheque later 
confirmed in a May 26, 2020 email that its petition should also be 
considered as a petition for waiver (Vinotheque, No. 4). Vinotheque 
later submitted an updated petition, docketed on December 11, 2020, 
providing maximum external static pressure (``ESP'') values for 
specified basic models and clarifying that the specified basic models 
cannot operate below 45 [deg]F (Vinotheque, No. 6). Due to two 
discrepancies in Vinotheque's petition for waiver (the ``Platinum 4000 
Ducted'' model is listed in the basic model list but is not listed in 
the table containing ESP values; the ``SL2500'' model is listed in the 
basic model list, but only appears as ``SL'' in the table containing 
ESP values), Vinotheque provided a maximum ESP for the ``Platinum 4000 
Ducted'', and confirmed the model number and maximum ESP for ``SL2500'' 
(Vinotheque, No. 9).
---------------------------------------------------------------------------

    \3\ A notation in the form ``Vinotheque, No. 1'' identifies a 
written submission: (1) Made by Vinotheque; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2019-BT-WAV-0038) 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 
Vinotheque's 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. 
Vinotheque 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. Vinotheque 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.
---------------------------------------------------------------------------

    Vinotheque 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. 
Vinotheque states that these temperature and RH conditions are 
optimized for the purpose of long-term wine storage to mimic the 
temperature and humidity of natural caves. Vinotheque 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.
    Additionally, the basic models of walk-in refrigeration systems--
identified in Vinotheque's waiver petition by the heading in the basic 
models list as ``Single-Packaged''--are single-package systems. 
Although not

[[Page 11964]]

explicitly identified by Vinotheque, 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.\5\ 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 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.
---------------------------------------------------------------------------

    \5\ 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 Single-Packaged basic 
models included in Vinotheque's waiver petition.
---------------------------------------------------------------------------

    DOE has received multiple requests from wine cellar manufacturers 
for waiver and interim waiver from Appendix C. In light of these 
requests, DOE met with both AHRI and the 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'').\6\ 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 these 
walk-ins from reaching a temperature below 45 [deg]F. A provision for 
testing walk-in wine cellar refrigeration systems at an external static 
pressure (``ESP'') \7\ of 50 percent of the maximum ESP to be specified 
by manufacturers for each basic model (``AHRI August 2020 Letter'') is 
also included.
---------------------------------------------------------------------------

    \6\ DOE's meetings with Vinotheque 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-0038-0005.
    \7\ 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.
---------------------------------------------------------------------------

    Vinotheque's updated petition, docketed on December 11, 2020, 
states that all basic models listed in the petition for waiver and 
interim waiver have a minimum operating temperature of 45 [deg]F and 
provides maximum ESP values for specified ducted single-packaged and 
ducted matched-pair basic models.\8\ (Vinotheque, No. 6)
---------------------------------------------------------------------------

    \8\ Vinotheque has stated that the maximum ESP values included 
in its updated petition for waiver are confidential business 
information. These values have been redacted from the publicly-
available petition and email correspondence.
---------------------------------------------------------------------------

    Vinotheque 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.
    Vinotheque 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. Vinotheque also suggests using an air-
return relative humidity of 55 percent RH, as opposed to <50 percent 
RH. Additionally, Vinotheque 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. Vinotheque cited the 
use of such a correction factor for coolers \9\ and combination cooler 
refrigeration products under DOE's test procedure for miscellaneous 
refrigeration products at 10 CFR part 430, subpart B, appendix A.
---------------------------------------------------------------------------

    \9\ 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 Vinotheque's application, its suggested testing 
approach, representations of the specified basic models on the website 
for the WhisperKOOL and CellarCool brands, related product catalogs, 
and information provided by Vinotheque 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 Vinotheque.
    The modified testing approach would apply to the models specified 
in Vinotheque's waiver petition that include two categories of WICF 
refrigeration systems, i.e., single-packaged and matched-pair (split) 
systems. The systems that are single-package are identified by a 
``Single-Packaged'' heading in the waiver petition. All of the single-
package basic models are capable of some ducting; those that are 
specifically identified in their basic model name as ``fully ducted'' 
are designed to be ducted on both the evaporator and condenser sides. 
This enables the option of installing the unit cooler remotely by 
circulating air through ducts from the wine cellar to the unit cooler 
and back, and from the condenser to the outside (or another conditioned 
space). The single-package basic models that are not identified in 
their basic model name as ``fully ducted'' are designed for 
installation through the wall or ceiling of the wine cellar, with 
optional ducting connecting the condenser side of the unit to the 
outside or another

[[Page 11965]]

conditioned space. The basic models that are identified by the 
``Matched-Pair'' heading in the waiver petition are matched-pair 
(split) systems, in which refrigerant circulates between the 
``evaporator unit'' (unit cooler) portion of the unit and the 
``condensing unit.'' The refrigerant cools the wine cellar air in the 
evaporator unit, while the condensing unit rejects heat from the 
refrigeration system in a remote location, often outside. The 
evaporator unit of the ``Fully Ducted'' (Platinum 4000 Fully Ducted, 
Platinum 8000 Fully Ducted, and Platinum Twin Fully Ducted) matched-
pair system basic models circulates air through ducts from the wine 
cellar to the evaporator unit and back to provide cooling, while the 
evaporator unit of the remaining matched-pair systems is installed 
either partially or entirely in the wine cellar, allowing direct 
cooling. The capacity range of the specified basic models is from 1,453 
Btu/h to 12,530 Btu/h at the specified operating conditions for each of 
the models (Vinotheque, No. 7).\10\
---------------------------------------------------------------------------

    \10\ The specified operating conditions are 55 [deg]F cold-side 
air entering conditions and 85 [deg]F warm-side air entering 
temperature. WhisperKOOL and CellarCool specification sheets and 
installation manuals do not specify a cold side relative humidity. 
An example series of specified models with capacity information 
based upon these conditions can be found in the Vinotheque owner's 
manual at the associated docket number.
---------------------------------------------------------------------------

    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 Vinotheque for the specified basic models 
listed in the petition is based upon Vinotheque's representation 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 single-package systems (identified by the ``Single-Packaged'' 
heading in the basic models list) 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 Vinotheque's 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.\11\ 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.\12\ 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 \13\ using duct lengths 
and diameters published in Vinotheque's installation manuals 
(Vinotheque, No. 7).\14\ DOE's calculations show reasonable agreement 
with the maximum ESP values provided by Vinotheque 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 Vinotheque to be sufficiently representative.
---------------------------------------------------------------------------

    \11\ Inches of water column (``in. wc'') is a unit of pressure 
conventionally used for measurement of pressure differentials.
    \12\ 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.
    \13\ 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-0038-0008) and available at http://www.regulations.gov.
    \14\ A representative example of duct lengths and diameters can 
be found in the Vinotheque owner's manual at the associated docket 
number.
---------------------------------------------------------------------------

    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 condensing or evaporator units that are not designed 
for the ducting of air, this design characteristic must be clearly 
stated.
    Additionally, if there are multiple condenser or evaporator unit 
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 \15\ or, if using 
the indoor air enthalpy method, by adjusting the airflow measurement 
apparatus blower.
---------------------------------------------------------------------------

    \15\ 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.
    According to Vinotheque's petition, the specified walk-in 
refrigeration system basic models that are matched-pair systems are 
sold as full systems (i.e., split systems) 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 Vinotheque, it is not 
including a 0.55 correction factor in the alternate test procedure 
required by the Interim Waiver Order. In its petition for waiver, 
Vinotheque 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., 
single-packaged 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

[[Page 11966]]

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 single-packaged 
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 single-packaged 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 Vinotheque is not 
appropriate for the specified basic models.
    While not specifically addressed in the request for waiver 
submitted by Vinotheque, waivers submitted by other manufacturers have 
suggested that the 0.55 correction factor also addresses the 
differences in run time and compressor inefficiency of wine cellar 
refrigeration systems as compared to walk-in cooler refrigeration 
systems more generally and have 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. 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 Vinotheque's 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 Vinotheque's implementation of wine cellar walk-in refrigeration 
system testing for these basic models. Consequently, DOE has determined 
that Vinotheque's petition for waiver will likely be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant Vinotheque immediate relief pending a determination of 
the petition for waiver.
    For the reasons stated, it is ordered that:
    (1) Vinotheque must test and rate the following single-packaged and 
matched-pair WhisperKOOL- and CellarCool-branded wine cellar walk-in 
refrigeration system basic models with the alternate test procedure set 
forth in paragraph (2).

------------------------------------------------------------------------
              Basic model                           Brand name
------------------------------------------------------------------------
                             Single-Packaged
------------------------------------------------------------------------
SC Pro 2000............................  WhisperKOOL.
SC Pro 3000............................  WhisperKOOL.
SC Pro 4000............................  WhisperKOOL.
SC Pro 8000............................  WhisperKOOL.
Extreme 3500 ti........................  WhisperKOOL.
Extreme 5000 ti........................  WhisperKOOL
Extreme 8000 ti........................  WhisperKOOL.
Extreme 3500 tiR.......................  WhisperKOOL.
Extreme 5000 tiR.......................  WhisperKOOL.
Extreme 8000 tiR.......................  WhisperKOOL.
Extreme 3500 tiR Fully Ducted..........  WhisperKOOL.
Extreme 5000 tiR Fully Ducted..........  WhisperKOOL.
Extreme 8000 tiR Fully Ducted..........  WhisperKOOL.
Phantom 3500...........................  WhisperKOOL.
Phantom 5000...........................  WhisperKOOL.
Phantom 8000...........................  WhisperKOOL.
Slimline LS............................  WhisperKOOL.
Optimum 2200...........................  CellarCool.
Optimum 3300...........................  CellarCool.
Optimum 4400...........................  CellarCool.
Optimum 8800...........................  CellarCool.
CX2200.................................  CellarCool.
CX3300.................................  CellarCool
CX4400.................................  CellarCool.
CX8800.................................  CellarCool.
SL2500.................................  CellarCool.
Ultimate 3300..........................  CellarCool.
Ultimate 4400..........................  CellarCool.
Ultimate 8800..........................  CellarCool.
Ultimate 3300-R........................  CellarCool
Ultimate 4400-R........................  CellarCool.
Ultimate 8800-R........................  CellarCool.
Ultimate FD 3300.......................  CellarCool.
Ultimate FD 4400.......................  CellarCool.
Ultimate FD 8800.......................  CellarCool.
Ultimate PLUS Fully Ducted 3300........  CellarCool.
Ultimate PLUS Fully Ducted 4400........  CellarCool.
Ultimate PLUS Fully Ducted 8800........  CellarCool.
------------------------------------------------------------------------
                              Matched-Pair
------------------------------------------------------------------------
Platinum Mini..........................  WhisperKOOL.
Platinum 4000..........................  WhisperKOOL.
Platinum 8000..........................  WhisperKOOL.
Platinum Twin..........................  WhisperKOOL.
Platinum 4000 Fully Ducted.............  WhisperKOOL.
Platinum 8000 Fully Ducted.............  WhisperKOOL.
Platinum Twin Fully Ducted.............  WhisperKOOL.
Platinum 4000 Ducted...................  WhisperKOOL.
Platinum 8000 Ducted...................  WhisperKOOL.
Platinum Twin Ducted...................  WhisperKOOL.
Ceiling Mount Mini.....................  WhisperKOOL.
Ceiling Mount 4000.....................  WhisperKOOL.
Ceiling Mount 8000.....................  WhisperKOOL.
Ceiling Mount Twin.....................  WhisperKOOL.
Quantum 9000...........................  WhisperKOOL.
Quantum 12000..........................  WhisperKOOL.
Magnum 9000............................  CellarCool.
Magnum 12000...........................  CellarCool.
CM2500-S...............................  CellarCool.
CM3500-S...............................  CellarCool.
CM5000-S...............................  CellarCool.
CM9000 Twin Split......................  CellarCool.
WM2500-S...............................  CellarCool.
WM3500-S...............................  CellarCool.
WM5000-S...............................  CellarCool.
WM9000 Twin-S..........................  CellarCool.
FD3500-S...............................  CellarCool.
FD5000-S...............................  CellarCool.
FD9000 Twin-S..........................  CellarCool.
------------------------------------------------------------------------

    (2) The alternate test procedure for the Vinotheque 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.

[[Page 11967]]

    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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\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 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\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.

[[Page 11968]]

 
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,off = 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 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:

[[Page 11969]]

[GRAPHIC] [TIFF OMITTED] TN01MR21.012

    (3) Representations. Vinotheque 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 431.401.
    (5) This Interim Waiver Order is issued on the condition that the 
statements and representations provided by Vinotheque are valid. If 
Vinotheque makes any modifications to the controls or configurations of 
a basic model subject to this Interim Waiver Order, such modifications 
will render the waiver invalid with respect to that basic model, and 
Vinotheque 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, Vinotheque may request 
that DOE rescind or modify the Interim Waiver Order if Vinotheque 
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 
Vinotheque 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. Vinotheque 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, Vinotheque 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).

Signing Authority

    This document of the Department of Energy was signed on February 
23, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant 
Secretary and Acting Assistant Secretary for Energy Efficiency and 
Renewable Energy, pursuant to delegated authority from the Acting 
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

[[Page 11970]]

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 February 24, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Appendix 1

Petition for Waiver and Interim Waiver

    Vinotheque Wine Cellars DBA WhisperKOOL Corp. DBA CellarCool is 
requesting for 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.''

[Product images provided with petition may be found at Docket No. 
EERE-2019-BT-WAV-0038-0006 and at http://www.regulations.gov]

The Design Characteristics Constituting the Grounds for the 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 types 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)

     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)

     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 part 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.
    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 Interim Waiver is being requested: All 
models listed cannot operate at box temperature below 45 \0\F. Due 
to controller set point limitations, the operating range is set from 
70 \0\F to 50 \0\F.

------------------------------------------------------------------------
              Basic model                           Brand name
------------------------------------------------------------------------
                             Single-Packaged
------------------------------------------------------------------------
SC Pro 2000............................  WhisperKOOL.
SC Pro 3000............................  WhisperKOOL.
SC Pro 4000............................  WhisperKOOL.
SC Pro 8000............................  WhisperKOOL.
Extreme 3500 ti........................  WhisperKOOL.
Extreme 5000 ti........................  WhisperKOOL.
Extreme 8000 ti........................  WhisperKOOL.
Extreme 3500 tiR.......................  WhisperKOOL.
Extreme 5000 tiR.......................  WhisperKOOL.
Extreme 8000 tiR.......................  WhisperKOOL.
Extreme 3500 tiR Fully Ducted..........  WhisperKOOL.
Extreme 5000 tiR Fully Ducted..........  WhisperKOOL.
Extreme 8000 tiR Fully Ducted..........  WhisperKOOL.
Phantom 3500...........................  WhisperKOOL.
Phantom 5000...........................  WhisperKOOL.
Phantom 8000...........................  WhisperKOOL.
Slimline LS............................  WhisperKOOL.
Optimum 2200...........................  CellarCool.
Optimum 3300...........................  CellarCool.
Optimum 4400...........................  CellarCool.
Optimum 8800...........................  CellarCool.
CX2200.................................  CellarCool.
CX3300.................................  CellarCool.
CX4400.................................  CellarCool.
CX8800.................................  CellarCool.
SL2500 \16\............................  CellarCool.
Ultimate 3300..........................  CellarCool.
Ultimate 4400..........................  CellarCool.
Ultimate 8800..........................  CellarCool.
Ultimate 3300-R........................  CellarCool.
Ultimate 4400-R........................  CellarCool.

[[Page 11971]]

 
Ultimate 8800-R........................  CellarCool.
Ultimate FD 3300.......................  CellarCool.
Ultimate FD 4400.......................  CellarCool.
Ultimate FD 8800.......................  CellarCool.
Ultimate PLUS Fully Ducted 3300........  CellarCool.
Ultimate PLUS Fully Ducted 4400........  CellarCool.
Ultimate PLUS Fully Ducted 8800........  CellarCool.
------------------------------------------------------------------------
                              Matched-Pair
------------------------------------------------------------------------
Platinum Mini..........................  WhisperKOOL.
Platinum 4000..........................  WhisperKOOL.
Platinum 8000..........................  WhisperKOOL.
Platinum Twin..........................  WhisperKOOL.
Platinum 4000 Fully Ducted.............  WhisperKOOL.
Platinum 8000 Fully Ducted.............  WhisperKOOL.
Platinum Twin Fully Ducted.............  WhisperKOOL.
Platinum 4000 Ducted...................  WhisperKOOL.
Platinum 8000 Ducted...................  WhisperKOOL.
Platinum Twin Ducted...................  WhisperKOOL.
Ceiling Mount Mini.....................  WhisperKOOL.
Ceiling Mount 4000.....................  WhisperKOOL.
Ceiling Mount 8000.....................  WhisperKOOL.
Ceiling Mount Twin.....................  WhisperKOOL.
Quantum 9000...........................  WhisperKOOL.
Quantum 12000..........................  WhisperKOOL.
Magnum 9000............................  CellarCool.
Magnum 12000...........................  CellarCool.
CM2500-S...............................  CellarCool.
CM3500-S...............................  CellarCool.
CM5000-S...............................  CellarCool.
CM9000 Twin Split......................  CellarCool.
WM2500-S...............................  CellarCool.
WM3500-S...............................  CellarCool.
WM5000-S...............................  CellarCool.
WM9000 Twin-S..........................  CellarCool.
FD3500-S...............................  CellarCool.
FD5000-S...............................  CellarCool.
FD9000 Twin-S..........................  CellarCool.
------------------------------------------------------------------------


       Maximum External Static Pressure (ESP) for Each Basic Model
------------------------------------------------------------------------
                                                                ESP  (in
             Basic model                     Brand name           H2O)
------------------------------------------------------------------------
                             Single-Packaged
------------------------------------------------------------------------
SC Pro 2000.........................  WhisperKOOL............  .........
SC Pro 3000.........................  WhisperKOOL............  .........
SC Pro 4000.........................  WhisperKOOL............  .........
SC Pro 8000.........................  WhisperKOOL............  .........
Extreme 3500 ti.....................  WhisperKOOL............  .........
Extreme 5000 ti.....................  WhisperKOOL............  .........
Extreme 8000 ti.....................  WhisperKOOL............  .........
Extreme 3500 tiR....................  WhisperKOOL............  .........
Extreme 5000 tiR....................  WhisperKOOL............  .........
Extreme 8000 tiR....................  WhisperKOOL............  .........
Extreme 3500 tiR Fully Ducted.......  WhisperKOOL............  .........
Extreme 5000 tiR Fully Ducted.......  WhisperKOOL............  .........
Extreme 8000 tiR Fully Ducted.......  WhisperKOOL............  .........
Phantom 3500........................  WhisperKOOL............  .........
Phantom 5000........................  WhisperKOOL............  .........
Phantom 8000........................  WhisperKOOL............  .........
Slimline LS.........................  WhisperKOOL............  .........
Optimum Series 2200.................  CellarCool.............  .........
Optimum 3300........................  CellarCool.............  .........
Optimum 4400........................  CellarCool.............  .........
Optimum 8800........................  CellarCool.............  .........
CX2200..............................  CellarCool.............  .........
CX3300..............................  CellarCool.............  .........
CX4400..............................  CellarCool.............  .........
CX8800..............................  CellarCool.............  .........
SL..................................  CellarCool.............  .........
Ultimate 3300.......................  CellarCool.............  .........
Ultimate 4400.......................  CellarCool.............  .........
Ultimate 8800.......................  CellarCool.............  .........
Ultimate 3300-R.....................  CellarCool.............  .........
Ultimate 4400-R.....................  CellarCool.............  .........
Ultimate 8800-R.....................  CellarCool.............  .........
Ultimate FD 3300....................  CellarCool.............  .........
Ultimate FD 4400....................  CellarCool.............  .........
Ultimate FD 8800....................  CellarCool.............  .........
Ultimate PLUS Fully Ducted 3300.....  CellarCool.............  .........
Ultimate PLUS Fully Ducted 4400.....  CellarCool.............  .........
Ultimate PLUS Fully Ducted 8800.....  CellarCool.............  .........
                            Matched-Pair \17\
------------------------------------------------------------------------
Platinum Mini.......................  WhisperKOOL............  .........
Platinum 4000.......................  WhisperKOOL............  .........
Platinum 8000.......................  WhisperKOOL............  .........
Platinum Twin.......................  WhisperKOOL............  .........
Platinum 4000 Fully Ducted..........  WhisperKOOL............  .........
Platinum 8000 Fully Ducted..........  WhisperKOOL............  .........
Platinum Twin Fully Ducted..........  WhisperKOOL............  .........
Platinum 8000 Ducted................  WhisperKOOL............  .........
Platinum Twin Ducted................  WhisperKOOL............  .........
Ceiling Mount Mini..................  WhisperKOOL............  .........
Ceiling Mount 4000..................  WhisperKOOL............  .........
Ceiling Mount 8000..................  WhisperKOOL............  .........
Ceiling Mount Twin..................  WhisperKOOL............  .........
Quantum 9000........................  WhisperKOOL............  .........
Quantum 12000.......................  WhisperKOOL............  .........
Magnum 9000.........................  CellarCool.............  .........
Magnum 12000........................  CellarCool.............  .........
CM2500-S............................  CellarCool.............  .........
CM3500-S............................  CellarCool.............  .........
CM5000-S............................  CellarCool.............  .........
CM9000 Twin Split-S.................  CellarCool.............  .........
WM2500-S............................  CellarCool.............  .........
WM3500-S............................  CellarCool.............  .........
WM5000-S............................  CellarCool.............  .........
WM9000 Twin-S.......................  CellarCool.............  .........
FD3500-S............................  CellarCool.............  .........
FD5000-S............................  CellarCool.............  .........
FD9000 Twin-S.......................  CellarCool.............  .........
------------------------------------------------------------------------

Specific Requirements Sought To Be Waived
---------------------------------------------------------------------------

    \16\ As indicated in Vinotheque's email (EERE-2019-BT-WAV-0038-
0009), in the Single-Packaged table in the ``Maximum External Static 
Pressure (ESP) for Each Basic Model'' section of the petition, the 
``SL'' basic model is the same as the ``SL2500 basic model listed 
here.
    \17\ As indicated in Vinotheque's email (EERE-2019-BT-WAV-0038-
0009), the ``Platinum 4000 Ducted'' basic model is not included in 
the Matched-Pair table in the ``Maximum External Static Pressure 
(ESP) for Each Basic Model'' section of the petition, but it is a 
ducted unit that has an external static pressure identified by 
Vinotheque in the email, and redacted accordingly.
---------------------------------------------------------------------------

    Petitioning for a 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--

11. Vinotheque
21. Bacchus
31. BreezAire
41. CellarPro
51. Vinotemp
61. WhisperKool
71. Emerson-Copeland (Stand alone condensing units for split 
systems)
81. Danfoss (Stand alone condensing units for split systems)
91. Tecumseh (Stand alone condensing units for split systems)

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

    1. The request to change box setpoint from 35 [deg]F to 55 
[deg]F is since this is the optimal temperature for wine to be aged. 
WhisperKOOL designs cooling units to meet this condition and 
operating at a lower box setpoint would result in adverse conditions 
in the unit. For example, at such a low return temperature, 
WhisperKOOL evaporator coils will ice over. This would then require 
additional energy to be expended to operate a defrost system or 
would result in adverse air flow through the coil during performance 
testing--leading to lower overall performance.
    2. The same as above can be said with regards to the request to 
change the box humidity setpoint to 55%RH. This condition is ideal 
for helping wine to age as it maintains cork moisture and prevents 
damage to labels on the bottles, leading to damaged investments. 
Since WhisperKOOL cooling units are designed to age fine wines as 
ideally as possible, the unit will perform best during a performance 
test at the conditions which the unit attempts to maintain for the 
end-user.
    3. Furthermore, WhisperKOOL is requesting a 0.55 correction 
factor to be applied to all cooling units in order to meet minimum 
energy efficiency requirements. In addition to there being precedent 
for a correction factor like this, WhisperKOOL is unable to achieve 
the required energy efficiency for a few reasons, most being related 
to the availability of technology and nuances specific to the wine 
cellar cooling industry.

[[Page 11972]]

    a. First and foremost, due to the size of a refrigeration system 
designed for a wine cellar, WhisperKOOL uses fractional-horsepower 
reciprocating compressors, which are fundamentally more limited in 
space and design, and are inherently less efficient than larger 
compressors. For example, WhisperKOOL's most-sold cooling unit uses 
an Embraco-brand compressor which, at wine cellar conditions has an 
EER of about 9.85 BTU/Wh. At the same conditions, by comparison, a 
more-modern scroll compressor rated at 1.8 HP has an EER closer to 
11 BTU/Wh. This is the case across the board with WhisperKOOL 
fractional-horsepower compressors (Embraco brand).
    b. Additionally, some installs are difficult and require the use 
of a duct-able unit. This leads to the need for higher-wattage fans 
being used in WhisperKOOL products, further to the detriment of the 
overall energy efficiency.
    c. Some of the most efficient modern compressors which operate 
in the fractional- horsepower range use R290 as the refrigerant 
(Propane). However, an R290 charging station retrofit would be 
excessively invasive to WhisperKOOL's facility as well as too costly 
to redesign all products in such a manner.

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

    WhisperKOOL 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.

Signed By:/s/ MChristian Bromme

Date: 12/1/2020

Title: Engineering Manager

[FR Doc. 2021-04112 Filed 2-26-21; 8:45 am]
BILLING CODE 6450-01-P