[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23702-23708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09272]


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DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to Air Innovations From the Department of Energy Walk-in Coolers and 
Walk-in Freezers 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 2019-010) that grants to Air 
Innovations a waiver from specified portions of the DOE test procedure 
for determining the energy efficiency of specified walk-in wine cellar 
refrigeration systems. Due to the design of Air Innovations' specific 
basic models of walk-in wine cellar refrigeration systems, the current 
test procedure evaluates such models in a manner that is 
unrepresentative of their energy use. Air Innovations is required to 
test and rate the specified basic models of its walk-in cellar 
refrigeration systems in accordance with the alternate test procedure 
set forth in the Decision and Order.

DATES: The Decision and Order is effective on May 4, 2021. The Decision 
and Order will terminate upon the compliance date of any future 
amendment to the test procedure for walk-in coolers and walk-in 
freezers located at title 10 of the Code of Federal Regulations 
(``CFR''), part 431, subpart R, appendix C that addresses the issues 
presented in this waiver. At such time, Air Innovations must use the 
relevant test procedure for this product 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

[[Page 23703]]

Regulations (``CFR'') (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 Air Innovations a waiver from the applicable test 
procedure at 10 CFR part 431, subpart R, appendix C for specified basic 
models of walk-in cooler refrigeration systems, and provides that Air 
Innovations must test and rate such walk-in cooler refrigeration 
systems using the alternate test procedure specified in the Decision 
and Order. Air Innovations' representations concerning the energy 
efficiency of the specified basic models must be based on testing 
according to the provisions and restrictions in the alternate test 
procedure set forth in the Decision and Order, and the representations 
must fairly disclose the test results. Distributors, retailers, and 
private labelers are held to the same requirements when making 
representations regarding the energy efficiency of these products. (42 
U.S.C. 6314(d))
    Consistent with 10 CFR 431.401(j), not later than July 6, 2021, any 
manufacturer currently distributing in commerce in the United States 
products employing a technology or characteristic that results in the 
same need for a waiver from the applicable test procedure must submit a 
petition for waiver. Manufacturers not currently distributing such 
products in commerce in the United States must petition for and be 
granted a waiver prior to the distribution in commerce of those 
products in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 431.401. (10 
CFR 431.401(j))

Case #2019-010

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 
Equipment, which sets forth a variety of provisions designed to improve 
the energy efficiency for certain types of industrial equipment. This 
equipment includes walk-in coolers and walk-in freezers (collectively, 
``walk-ins''), 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; 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 walk-ins. 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 walk-ins 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-ins is set 
forth 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'').
    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. Air Innovations' Petition for Waiver: Assertions and Determinations

    On September 23, 2019, Air Innovations submitted a petition for an 
interim waiver from the DOE test procedure applicable to walk-ins set 
forth in Appendix C. (Air Innovations, No. 1 at p. 1 \3\) The waiver 
process under 10 CFR 431.401 requires that a petition for interim 
waiver must reference the related petition for waiver. (10 CFR 
431.401(b)(2)) Air Innovations confirmed in a May 21, 2020 email that 
the petition should also be considered as a petition for waiver. (Air 
Innovations, No. 4) Air Innovations stated that the specified basic 
models of walk-in cooler refrigeration systems are intended to operate 
at a temperature range of 45 to 65 [deg]F and 50 to 70 percent relative 
humidity (``RH''), rather than the 35 [deg]F with less than 50 percent 
RH test conditions prescribed by the test procedure for walk-in cooler 
applications. Air Innovations stated that the units operate at 
temperature and relative humidity ranges optimized for long-term 
storage of wine, reflecting conditions in natural caves, and that they 
are usually located in air-conditioned spaces. Air Innovations asserted 
that testing at 35 [deg]F would be unrepresentative of the true energy 
consumption characteristics of the specified units and that operation 
at this temperature may damage the specified units. On October 19, 
2020, Air Innovations submitted an updated petition for waiver and 
interim waiver stating that all basic models listed in the petition for 
waiver and interim waiver cannot be operated at a temperature less

[[Page 23704]]

than 45 [deg]F and provided DOE with maximum external static pressure 
values for specified ducted self-contained and ducted split system 
basic models.\4\ (Air Innovations, No. 6)
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    \3\ A notation in the form ``Air Innovations, No. 1'' identifies 
a written submission: (1) Made by Air Innovations; and (2) recorded 
in document number 1 that is filed in the docket of this petition 
for waiver (Docket No. EERE-2019-BT-WAV-0029) and available at 
http://www.regulations.gov.
    \4\ The October 19, 2020 update was consistent with a letter 
from the Air-Conditioning, Heating, and Refrigeration Institute 
(``AHRI'') recommending that a 45 [deg]F minimum temperature be used 
for testing wine cellar cooling systems, and that testing be 
conducted at an external static pressure (``ESP'') value equal to 50 
percent of the maximum ESP to be specified by manufacturers for each 
basic model. The AHRI letter is available at Docket No. EERE- 2019-
BT-WAV-0029-0005. The ESP values from Air Innovations were submitted 
as confidential business information and are redacted from the 
publicly-available version of the company's submission.
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    On January 12, 2021, DOE published a notification announcing its 
receipt of the petition for waiver and granted Air Innovations an 
interim waiver. 86 FR 2403 (``Notification of Petition for Waiver''). 
In the Notification of Petition for Waiver, DOE noted that the through-
the-wall (TTW018) and ducted self-contained (D025, D050, D088, and 
D200) basic models of walk-in refrigeration systems identified in Air 
Innovations' waiver petition are single-package systems. Although not 
explicitly identified by Air Innovations, DOE recognized 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 (i.e., two 
independent meters) and the dual temperature and pressure measurements 
(i.e., two independent sets of measurement equipment with separate 
temperature and pressure sensors) required by the test procedure's 
refrigerant enthalpy method. 86 FR 2403, 2405. AHRI 1250-2009 
(``Standard for Performance Rating of Walk-in Coolers and Freezers'' 
\5\)--the industry testing standard on which DOE's test procedure is 
based--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 could 
be installed--and then back in. This additional piping would impact 
unit performance, would likely be inconsistent between test labs, and 
would 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).
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    \5\ This also includes the related Errata sheet published by 
AHRI, dated December 2015.
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    In the Notification of Petition for Waiver, DOE established an 
alternate test procedure that was a modified version of the alternate 
test procedure suggested by Air Innovations. 86 FR 2403, 2406-2407. 
Specifically, the required alternate test procedure establishes unit 
cooler air inlet conditions of 55 [deg]F and 55 percent RH, specifies 
primary and secondary capacity measurement methods for single-package 
systems, requires testing at 50 percent of maximum external static 
pressure for ducted units, and defines wine cellar box load and 
evaporator cycle periods for calculation of Annual Walk-in Energy 
Factor (``AWEF'') for the specified basic models of walk-in cooler 
refrigeration systems. Id. DOE solicited comments from interested 
parties on all aspects of the petition and the modified alternate test 
procedure. Id.
    DOE received one comment, which was submitted by the Pacific Gas 
and Electric Company, San Diego Gas and Electric, and Southern 
California Edison (collectively, ``the CA IOUs'').\6\ The CA IOUs 
recommended that DOE consider changes to the walk-in cooler and walk-in 
freezer labeling requirements and to the definitions applicable to 
walk-in cooler refrigeration systems in order to differentiate between 
walk-in cooler refrigeration systems and walk-in cooler refrigeration 
systems that are wine cooler systems. The CA IOUs stated that the 
current labeling requirements would classify a wine cellar walk-in 
cooler as a standard walk-in cooler, despite the difference in testing 
requirements. The CA IOUs suggested that manufacturer materials should 
be required to report use of an alternate test procedure. The CA IOUs 
stated that otherwise, there may be confusion in the market. (CA IOUs, 
No 12 at pp. 1-2)
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    \6\ Comments available in Docket No. EERE-2019-BT-WAV-0029 at 
http://www.regulations.gov.
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    The current definition and labeling requirements for walk-in 
coolers do not distinguish between walk-in cooler refrigeration systems 
generally and walk-in cooler refrigeration systems for wine cellars. As 
discussed, Air Innovations stated that the subject units are unable to 
operate at a temperature less than 45 [deg]F. Because of the inability 
to operate at lower temperatures and the specific application to wine 
cellars, there is unlikely to be confusion in the market between the 
subject units and other walk-in cooler refrigeration systems.
    In addition, the CA IOUs reiterated comments that they submitted in 
response to a notice of proposed rulemaking regarding testing 
provisions for hot gas defrost in the walk-in cooler test procedure (85 
FR 60724; September 28, 2020).\7\ Specifically, the CA IOUs recommended 
that DOE address several open test procedure waivers (including those 
for walk-in wine cellars) and recommendations from the 2015 Appliance 
Standards and Rulemaking Federal Advisory Committee working group 
related to improving the representativeness of the test procedure.
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    \7\ Comments available in Docket No. EERE-2020-BT-TP-0016-0004 
at https://www.regulations.gov.
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    In accordance with 10 CFR 431.401, this Decision and Order 
addresses the petition for waiver submitted by Air Innovations and is 
limited to the basic models specified in the Order. As stated, as soon 
as practicable after the granting of this and 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).
    For the reasons explained here and in the Notification of Petition 
for Waiver, absent a waiver the basic models identified by Air 
Innovations in its petition cannot be tested and rated for energy 
consumption on a basis representative of their true energy consumption 
characteristics. As noted above, the alternate test procedure 
prescribed in the Interim Waiver modified Air Innovations' suggested 
alternate test procedure by including ESP provisions for certain 
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. For such systems, testing is conducted 
at 50 percent of the maximum ESP specified by the manufacturer, subject 
to a tolerance of -0.00/+0.05 inches of water column (``in. wc.''). 
(Air Innovations, No. 5).
    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, half of the maximum ESP 
would be representative of most installations.
    Additionally, if the basic model provides multiple condenser or 
fan-coil (unit cooler) fan speed settings, the speed setting used is as 
instructed in the unit's installation instructions. However, if the 
installation instructions do not specify a fan speed setting for

[[Page 23705]]

ducted installation, systems that can be installed with ducts would be 
tested with the highest available fan speed. The ESP is set for testing 
either by symmetrically restricting the outlet duct or, if using the 
indoor air enthalpy method, by adjusting the airflow measurement 
apparatus blower.
    The alternate test procedure also describes the requirements for 
measuring ESP consistent with the provisions provided in AHRI 1250-2020 
when using the indoor air enthalpy method with unit coolers.
    Additionally, the alternate test procedure requires that specified 
basic models that are split systems must be tested as matched pairs. 
According to Air Innovations' petition, the walk-in refrigeration 
system basic models that are split-systems are sold as full systems 
(i.e., matched pairs) rather than as individual unit cooler and 
condensing unit components. This Order provides no direction regarding 
refrigerant line connection operating conditions, and as such is 
inapplicable to testing the basic models as individual components. 
Consequently, this Order addresses only matched-pair testing of the 
specified basic models that are split-systems.
    For the reasons explained in the Notification of Petition for 
Waiver, the Order does not include a 0.55 correction factor in the 
alternate test procedure as suggested by Air Innovations. 86 FR 2403, 
2407-2408. The company had observed that the test procedure in appendix 
A to subpart B of 10 CFR part 430 (``Appendix A''), which applies to 
miscellaneous refrigeration products, includes such a factor to account 
for the difference in use and loading patterns of coolers (e.g., self-
contained wine chiller cabinets) as compared to other residential 
refrigeration products, and sought to include such a factor as part of 
its petition. As explained in the Notice of Petition for Waiver, the 
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, and the referenced AHRI 1250-2009 
provisions assume a load factor of 50 percent, consistent with Appendix 
C. Id. As a result, applying the 0.55 correction factor as suggested by 
Air Innovations is not appropriate for the specified basic models.
    DOE is requiring that Air Innovations test and rate specified walk-
in wine cellar refrigeration system basic models according to the 
alternate test procedure specified in this Decision and Order. This 
alternate procedure is a modified version of the one suggested by Air 
Innovations. The alternate test procedure required under this Order is 
the same alternate test procedure prescribed in the Interim Waiver 
Order.
    This Decision and Order applies 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. 
Air Innovations 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). Air Innovations 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, Air 
Innovations 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).
    As set forth previously, the test procedure specified in this 
Decision and Order is not the same as the test procedure offered by Air 
Innovations. If Air Innovations believes that the alternate test method 
it suggested provides representative results and is less burdensome 
than the test method required by this Decision and Order, Air 
Innovations may submit a request for modification under 10 CFR 
431.401(k)(2) that addresses the concerns that DOE has specified with 
that procedure. Air Innovations may also submit another less burdensome 
alternative test procedure not expressly considered in this 
notification under the same provision.

III. Order

    After careful consideration of all the material that was submitted 
by Air Innovations, the various public-facing materials (e.g., 
marketing materials, product specification sheets, and installation 
manuals) for the units identified in the petition, information provided 
by Air Innovations and other wine cellar walk-in refrigeration system 
manufacturers in meetings with DOE, and the comment received, in this 
matter, it is ordered that:
    (1) Air Innovations must, as of the date of publication of this 
Order in the Federal Register, test and rate the following Air 
Innovations-branded wine cellar walk-in cooler refrigeration system 
basic models with the alternate test procedure as set forth in 
paragraph (2):

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                                                                   Ducted self-    Ducted  split  Ductless split
                        Through-the-wall                             contained        system          system
----------------------------------------------------------------------------------------------------------------
TTW018..........................................................            D025           DS025           SS018
                                                                            D050           DS050           CS025
                                                                            D088           DS088           CS050
                                                                           D0200           DS200
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    (2) The alternate test procedure for the Air Innovations basic 
models listed in paragraph (1) of this Order is the test procedure for 
Walk-in Cooler Refrigeration Systems prescribed by DOE at 10 CFR part 
431, subpart R, appendix C, (``Appendix C to Subpart R'') with the 
modifications provided below. All other requirements of Appendix C and 
DOE's other relevant regulations remain applicable.
    In Appendix C to Subpart R, revise section 3.1.1 (which specifies 
modifications to AHRI 1250-2009 (incorporated by reference; see Sec.  
431.303)) to read:
    3.1.1. In Table 1, Instrumentation Accuracy, refrigerant 
temperature measurements shall have an accuracy of 0.5 
[deg]F for unit cooler in/out. Measurements used to determine 
temperature or water vapor content of the air (i.e., wet bulb or dew 
point) shall be accurate to within 0.25 [deg]F; all other 
temperature measurements shall be accurate to within 1.0 
[deg]F.
    In Appendix C to Subpart R, revise section 3.1.4 (which specifies

[[Page 23706]]

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
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                                                   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
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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.
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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
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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.
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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
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%.

[[Page 23707]]

    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 EFomp,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:
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[GRAPHIC] [TIFF OMITTED] TN04MY21.000

For Outdoor Condensing Units:

[[Page 23708]]

[GRAPHIC] [TIFF OMITTED] TN04MY21.001

BILLING CODE 6450-01-C
Where:

BLis the non-equipment-related box load
LF is the load factor
And other symbols are as defined in AHRI 1250-2009.

    (3) Representations. Air Innovations may not make representations 
about the efficiency of a basic model listed in paragraph (1) of this 
Order for compliance, marketing, or other purposes 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) This Order is issued on the condition that the statements, 
representations, and information provided by Air Innovations are valid. 
If Air Innovations makes any modifications to the controls or 
configurations of a basic model subject to this Order, such 
modifications will render the waiver invalid with respect to that basic 
model, and Air Innovations will either be required to use the current 
Federal test method or submit a new application for a test procedure 
waiver. DOE may rescind or modify this waiver at any time if it 
determines the factual basis underlying the petition for 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, Air Innovations may 
request that DOE rescind or modify the waiver if Air Innovations 
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) Air Innovations remains obligated to fulfill any applicable 
requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. Air Innovations may submit 
a new or amended petition for waiver and request for grant of interim 
waiver, as appropriate, for additional basic models of Walk-in Cooler 
Refrigeration Systems. Alternatively, if appropriate, Air Innovations 
may request that DOE extend the scope of a waiver or an interim waiver 
to include additional basic models employing the same technology as the 
basic model(s) set forth in the original petition consistent with 10 
CFR 431.401(g).

Signing Authority

    This document of the Department of Energy was signed on April 27, 
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 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 April 28, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-09272 Filed 5-3-21; 8:45 am]
BILLING CODE 6450-01-P