[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17801-17803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06991]


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DEPARTMENT OF ENERGY

[Case Number 2020-013; EERE-2020-BT-WAV-0027]


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

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

ACTION: Notification of decision and order.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notification of 
a Decision and Order (Case Number 2020-013) that grants to Hercules, a 
Senneca Holdings company, (``Hercules'') a waiver from specified 
portions of the DOE test procedure for determining the energy 
consumption of specified walk-in cooler and walk-in freezer door 
(``walk-in door'') basic models. Under the Decision and Order, Hercules 
is required to test and rate the specified basic models of its walk-in 
doors in accordance with the alternate test procedure set forth in the 
Decision and Order.

DATES: The Decision and Order is effective on April 6, 2021. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for walk-in cooler and walk-in 
freezer doors located at title 10 of the Code of Federal Regulations 
(``CFR''), part 431, subpart R, appendix A that addresses the issues 
presented in this waiver. At such time, Hercules must use the relevant 
test procedure for this equipment for any testing to demonstrate 
compliance with the applicable standards, and any other representations 
of energy use.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Email: 
[email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with section 431.401(f)(2) of 
Title 10 of the Code of Federal Regulations (10 CFR 431.401(f)(2)), DOE 
gives notification of the issuance of its Decision and Order as set 
forth below. The Decision and Order grants Hercules a waiver from the 
applicable test procedure at 10 CFR part 431, subpart R, appendix A for 
specified basic models of walk-in doors, and provides that Hercules 
must test and rate such equipment using the alternate test procedure 
specified in the Decision and Order. Hercules's representations 
concerning the energy consumption of the specified basic models must be 
based on testing according to the provisions and restrictions in the 
alternate test procedure set forth in the Decision and Order, and the 
representations must fairly disclose the test results. Distributors, 
retailers, and private labelers are held to the same requirements when 
making representations regarding the energy consumption of this 
equipment. (42 U.S.C. 6314(d))
    Manufacturers not currently distributing equipment in commerce in 
the United States that employ a technology or characteristic that 
results in the same need for a waiver from the applicable test 
procedure must petition for and be granted a waiver prior to the 
distribution in commerce of that equipment in the United States. 10 CFR 
431.401(j). Manufacturers may also submit a request for interim waiver 
pursuant to the requirements of 10 CFR 431.401.

Case # 2020-013

Decision and 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 established the Energy Conservation Program for Certain Industrial

[[Page 17802]]

Equipment, which sets forth a variety of provisions designed to improve 
energy efficiency for certain types of industrial equipment. These 
types of equipment include walk-in coolers and walk-in freezers, the 
focus of this document. (42 U.S.C. 6311(1)(G))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through 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.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6311), 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(a); 
42 U.S.C. 6299).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the equipment complies 
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(s))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered equipment. EPCA requires that any test procedures 
prescribed or amended under this section must be reasonably designed to 
produce test results which reflect energy efficiency, energy use or 
estimated annual operating cost of covered equipment during a 
representative average use cycle and requires that test procedures not 
be unduly burdensome to conduct. (42 U.S.C.6314(a)(2)) The test 
procedure for walk-in doors is set forth at 10 CFR part 431, subpart R, 
appendix A, ``Uniform Test Method for the Measurement of Energy 
Consumption of the Components of Envelopes of Walk-In Coolers and Walk-
In Freezers'' (``Appendix A'').
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 431.401(a)(1). DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule to that effect. 
Id. When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
10 CFR 431.401(h)(3).

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

    By letter dated July 22, 2020, Hercules, a Senneca Holdings 
company, (``Hercules'') filed a petition for waiver and interim waiver 
from the DOE test procedure applicable to walk-in doors set forth in 
Appendix A. (Hercules, No. 1; ``July 2020 petition'') \3\ Subsequent to 
the July 22, 2020 submission and in response to questions from DOE 
regarding characteristics of the specified basic models and suggested 
values in the requested alternate test procedure, Hercules submitted an 
updated petition for waiver and interim waiver on October 14, 2020, 
that provided additional and updated information. (Hercules, No. 2; 
``October 2020 petition'') \4\
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    \3\ A notation in the form ``Hercules, No. 1'' identifies a 
written submission: (1) Made by Hercules; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2020-BT-WAV-0027) and available for review 
at http://www.regulations.gov.
    \4\ Due to the lengthy list of walk-in door basic models listed 
in Hercules's October 2020 petition, DOE is making the complete list 
publicly available in the relevant regulatory docket. The specific 
basic models identified in Appendix I of the petition can be found 
in the docket at https://www.regulations.gov/docket/EERE-2020-BT-WAV-0027-002.
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    Appendix A accounts for the power consumption of all electrical 
components associated with each door and discounts the power 
consumption of electrical components based on their operating time by 
an assigned percent time off (``PTO'') value. See Appendix A, sec. 
4.5.2. Section 4.5.2 of Appendix A specifies a PTO of 25 percent for 
``other electricity-consuming devices'' (i.e., electrical devices other 
than lighting or anti-sweat heaters) that have demand-based controls, 
and a PTO of 0 percent for other electricity-consuming devices without 
demand-based controls. Id. In its petition for waiver, Hercules 
suggested applying a PTO value of 92 percent to the door motors 
associated with the basic models specified in its petition. Hercules 
stated that the test procedure's assumption that the door motor 
operates for 75 percent of the day (i.e., a PTO of 25 percent) 
significantly overstates normal motor usage on their powered door 
models (Hercules, No. 2 at p. 1).
    On February 8, 2021, DOE published a notification that announced 
its receipt of the petition for waiver and granted Hercules an interim 
waiver. 86 FR 8553 (``Notification of Petition for Waiver''). In the 
Notification of Petition for Waiver, DOE presented Hercules's claim 
that results from testing the specified basic models according to 
Appendix A are unrepresentative of actual energy usage because of the 
assigned PTO value. DOE also summarized Hercules's requested alternate 
test procedure, which would require testing the specified basic models 
according to Appendix A, except the PTO value for door motors would be 
modified from 25 percent to 92 percent for the specified freight and 
passage doors.
    As explained in the Notification of Petition for Waiver, DOE 
considered the potential range of parameters affecting door motor 
operating time and confirmed that Hercules's example calculations used 
operating conditions that yield the most energy consumptive scenarios, 
specifically, minimum operating speed of the door motor and maximum 
length or height of the door opening. 86 FR 8553, 8556. DOE validated 
Hercules's calculations. Id. DOE initially determined that the 
suggested PTO value of 92 percent was more representative of actual 
energy use than the currently required PTO value of 25 percent. Id. DOE 
also noted that the required use of a PTO value of 92 percent is 
consistent with waivers previously granted in response to petitions 
that presented the same issue as in Hercules's petition.\5\ Id.
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    \5\ See Notice of Decision and Order granting a waiver to 
Jamison Door (Case No. 2017-009; 83 FR 53460 (Oct. 23, 2018); Notice 
of Decision and Order granting a waiver to HH Technologies (Case No. 
2018-001; 83 FR 53457 (Oct. 23, 2018)); and Extension of Waiver to 
HH Technologies (Case No. 2018-011; 84 FR 1434 (Feb. 4, 2019)).
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    In the Notification of Petition for Waiver, DOE also solicited 
comments from interested parties on all aspects of the petition and the 
specified alternate test procedure. 86 FR 8553. DOE received no 
comments in response to the Notification of Petition for Waiver.

[[Page 17803]]

    For the reasons explained here and in the Notification of Petition 
for Waiver, absent a waiver the basic models identified by Hercules in 
its petition cannot be tested and rated for energy consumption on a 
basis representative of their true energy consumption characteristics. 
DOE has reviewed the recommended procedure suggested by Hercules and 
concludes that it will allow for the accurate measurement of the energy 
use of the equipment, while alleviating the testing issues associated 
with Hercules's implementation of DOE's applicable walk-in door test 
procedure for the specified basic models.
    Thus, DOE is requiring that Hercules test and rate specified walk-
in door basic models according to the alternate test procedure 
specified in this Decision and Order, which is identical to the 
procedure provided in the interim waiver.
    This Decision and Order is applicable only to the basic models 
listed and does not extend to any other basic models. DOE evaluates and 
grants waivers for only those basic models specifically set out in the 
petition, not future models that may be manufactured by the petitioner. 
Hercules may request that DOE extend the scope of this waiver to 
include additional basic models that employ the same technology as 
those listed in this waiver. 10 CFR 431.401(g). Hercules may also 
submit another petition for waiver from the test procedure for 
additional basic models that employ a different technology and meet the 
criteria for test procedure waivers. 10 CFR 431.401(a)(1).
    DOE notes that it may modify or rescind the waiver at any time upon 
DOE's determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise, 
Hercules may request that DOE rescind or modify the waiver if the 
company discovers an error in the information provided to DOE as part 
of its petition, determines that the waiver is no longer needed, or for 
other appropriate reasons. 10 CFR 431.401(k)(2).

III. Order

    After careful consideration of all the material that was submitted 
by Hercules, the various public-facing materials (e.g., product 
literature, installation manuals) for the units identified in the 
petition, in this matter, it is ordered that:
    (1) Hercules must, as of the date of publication of this Order in 
the Federal Register, test and rate the basic models listed in Appendix 
I of its October 14, 2020 petition as provided in Docket Number EERE-
2020-BT-WAV-0027-0002 with the alternate test procedure as set forth in 
paragraph (2):
    (2) The alternate test procedure for the Hercules basic models 
identified in paragraph (1) of this Order is the test procedure for 
walk-in doors prescribed by DOE at 10 CFR part 431, subpart R, appendix 
A, except that the PTO value specified in section 4.5.2 ``Direct Energy 
Consumption of Electrical Components of Non-Display Doors'' shall be 92 
percent for door motors. All other requirements of 10 CFR part 431, 
subpart R, appendix A and DOE's regulations remain applicable.
    (3) Representations. Hercules may not make representations about 
the energy use of a basic model listed in paragraph (1) of this Order 
for compliance or marketing, unless the basic model has been tested in 
accordance with the provisions set forth above and such representations 
fairly disclose the results of such testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 431.401.
    (5) DOE issues this waiver on the condition that the statements, 
representations, and information provided by Hercules are valid. If 
Hercules makes any modifications to the controls or configurations of 
these basic models, such modifications will render the waiver invalid 
with respect to that basic model, and Hercules will either be required 
to use the current Federal test method or submit a new application for 
a test procedure waiver. DOE may rescind or modify this waiver at any 
time if it determines the factual basis underlying the petition for 
waiver is incorrect, or the results from the alternate test procedure 
are unrepresentative of a basic model's true energy consumption 
characteristics. 10 CFR 431.401(k)(1). Likewise, Hercules may request 
that DOE rescind or modify the waiver if Hercules discovers an error in 
the information provided to DOE as part of its petition, determines 
that the waiver is no longer needed, or for other appropriate reasons. 
10 CFR 431.401(k)(2).
    (6) Hercules remains obligated to fulfill all applicable 
requirements set forth at 10 CFR part 429.

Signing Authority

    This document of the Department of Energy was signed on March 31, 
2021 by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting 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 March 31, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-06991 Filed 4-5-21; 8:45 am]
BILLING CODE 6450-01-P