[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23692-23702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09337]


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DEPARTMENT OF ENERGY

[Case Number 2020-005; EERE-2020-BT-WAV-0022]


Energy Conservation Program: Notification of Petition for Waiver 
of Vinotemp International Corp. 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.

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SUMMARY: This document announces receipt of and publishes a petition 
for waiver and interim waiver from Vinotemp International Corp. 
(``Vinotemp''), 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 Vinotemp 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 
Vinotemp. DOE solicits comments, data, and information concerning 
Vinotemp'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 Vinotemp's waiver request.

DATES: The Interim Waiver Order is effective on May 4, 2021. Written 
comments and information are requested and will be accepted on or 
before June 3, 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 
docket number EERE-2020-BT-WAV-0022, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket number 
EERE-2020-BT-WAV-0022 in the subject line of the message.

No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on

[[Page 23693]]

submitting comments and additional information on this process, see the 
SUPPLEMENTARY INFORMATION section of this document.

    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including the Federal eRulemaking 
Portal, email, postal mail, or hand delivery/courier, the Department 
has found it necessary to make temporary modifications to the comment 
submission process in light of the ongoing Covid-19 pandemic. DOE is 
currently suspending receipt of public comments via postal mail and 
hand delivery/courier. If a commenter finds that this change poses an 
undue hardship, please contact Appliance Standards Program staff at 
(202) 586-1445 to discuss the need for alternative arrangements. Once 
the Covid-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    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/EERE-2020-BT-WAV-0022. 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 Vinotemp's petition for 
waiver in its entirety,\1\ pursuant to 10 CFR 431.401(b)(1)(iv).\2\ DOE 
invites all interested parties to submit in writing by June 3, 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: Mr. Alvin Patrick, [email protected], 732 S Racetrack Road 
Henderson, NV 89015.
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    \1\ On December 11, 2020, DOE published an amendment to 10 CFR 
431.401 regarding the processing of petitions for an interim waiver, 
which became effective beginning January 11, 2021. The subject 
petition was received prior to the effective date of that amendment 
and therefore is being processed pursuant to the regulation in 
effect at the time of receipt. References to 10 CFR 430.27 in this 
notification refer to the 10 CFR 431.401 in the 10 CFR parts 200 to 
499 edition revised as of January 1, 2021.
    \2\ The petition did not identify any of the information 
contained therein as confidential business information.
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    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. Comments and documents submitted via 
email 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 in 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. 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 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''

[[Page 23694]]

with the information believed to be confidential deleted. 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 2020-005

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\3\ 
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 \4\ 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))
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    \3\ 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).
    \4\ 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 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,\5\ 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).
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    \5\ On December 11, 2020, DOE amended 10 CFR 431.401 regarding 
the processing of petitions for an interim waiver that became 
effective on January 11, 2021. The subject petition was received 
prior to the effective date of that amendment and therefore is being 
processed pursuant to the regulation in effect at the time of 
receipt. Accordingly, all references to 10 CFR 430.27 in this 
notification refer to the 10 CFR 431.401 in the 10 CFR parts 200 to 
499 edition revised as of January 1, 2021, prior to when the 
aforementioned amendments became effective.
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    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. 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. 
10 CFR 431.401(h)(2).

II. Vinotemp's Petition for Waiver and Application for Interim Waiver

    DOE received an email, docketed on June 29, 2020, in which Vinotemp 
submitted a petition for interim waiver from the test procedure for 
walk-in cooler and walk-in freezer refrigeration systems set forth at 
Appendix C (Vinotemp, No. 1).\6\ By letter docketed on December 10, 
2020, Vinotemp submitted a petition for waiver for certain basic models 
of wine cellar cooling systems to supplement their original interim 
waiver request (Vinotemp, No. 3). This version also explicitly stated 
that none of the basic models could operate below 45 [deg]F and 
provided tested external static pressure values for the subject basic 
models. Vinotemp included additional basic models and clarified 
specified maximum external static pressure values (rather than tested 
values) for the specified basic models in an updated

[[Page 23695]]

petition for interim waiver, received on March 11, 2021 (Vinotemp, No. 
10).
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    \6\ A notation in the form ``Vinotemp, No. 1'' identifies a 
written submission: (1) Made by Vinotemp; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2020-BT-WAV-0022) and available at http://www.regulations.gov.
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    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 
Vinotemp'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. 
Vinotemp 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. Vinotemp 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,\7\ and compressor efficiency from other 
walk-in cooler refrigeration systems.
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    \7\ 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.
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    Vinotemp 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 50-70 percent RH rather than the 35 [deg]F and <50 
percent RH test condition prescribed by the DOE test procedure. 
Vinotemp states that the refrigeration systems are designed solely for 
the purpose of long-term wine storage to mimic the temperature and 
humidity of natural caves. Vinotemp also asserts that wine cellars are 
optimized to operate within such temperature and relative humidity 
ranges that they cannot operate at the 35 [deg]F air temperature 
condition. Although not specifically addressed in Vinotemp's request 
for waiver, DOE notes 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 ``Self-contained'' and ``Self-packaged'' basic 
models of walk-in refrigeration systems identified in Vinotemp's waiver 
petition are single-package systems. Although not explicitly identified 
by Vinotemp, 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 to route them back in to 
enable the system to operate during testing.\8\ 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.
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    \8\ In a waiver granted to Store It Cold for certain models of 
single-package units, DOE acknowledged a similar issue in which the 
additional piping necessary to install the required testing 
components would affect performance of the units, rendering the 
results unrepresentative. See 84 FR 39286 (Aug. 9, 2019). In the 
case of the waiver granted to Store It Cold, the refrigerant 
enthalpy method yielded inaccurate data for the specified basic 
models compared to the basic models' true performance 
characteristics because of the additional piping required to attach 
the testing components required by the refrigerant enthalpy test. 
The same issues are present for the specified basic Self-contained 
and Self-packaged single-package basic models included in Vinotemp's 
waiver petition.
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    DOE has received multiple waiver and interim waiver requests from 
wine cellar manufacturers regarding the limitations of 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'').\9\ 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'') \10\ of 50 percent of the maximum ESP to be 
specified by manufacturers for each basic model (AHRI August 2020 
Letter) is also included.
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    \9\ DOE's meetings with Vinotemp and other wine cellar 
refrigeration systems manufacturers 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- 2020-BT-WAV-0022-0002.
    \10\ External static pressure is the sum of all the pressure 
resisting the fans. In this case, this is chiefly the resistance 
generated by the air moving through ductwork.
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    Vinotemp submitted an updated petition for waiver and interim 
waiver docketed on December 10, 2020 (Vinotemp, No. 3). The updated 
petition 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 ESP test values for specified ducted self-contained and 
ducted split-system basic models. At DOE's request, Vinotemp provided 
an updated petition for interim waiver on March 11, 2021 (Vinotemp, No. 
10) that included the maximum ESP values for additional models and a 
statement identifying that the ESP values provided for all of the 
specified basic models are maximum ESP values.
    Vinotemp 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

[[Page 23696]]

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.
    Vinotemp 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. Vinotemp also suggests using an air-return 
relative humidity of 55 percent, as opposed to <50 percent RH as 
prescribed in the current DOE test procedure. Additionally, Vinotemp 
suggests using a condenser air temperature of 90 [deg]F for both indoor 
and outdoor systems, rather than the DOE test procedure-prescribed 
temperatures of 90 [deg]F for indoor condenser systems and 95 [deg]F 
for outdoor condenser systems.\11\ Finally, Vinotemp requests that a 
correction factor of 0.55 be applied to the final AWEF calculation to 
account for the different usage of the specified basic models as 
compared to walk-in cooler refrigeration systems generally. Vinotemp 
cited the use of such a correction factor for coolers \12\ and 
combination cooler refrigeration products under DOE's test procedure 
for miscellaneous refrigeration products at 10 CFR part 430, subpart B, 
appendix A.
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    \11\ AHRI 1250-2009 Section 5 identifies the condenser air 
entering dry-bulb temperature for indoor condensing unit testing as 
90 [deg]F and for outdoor units as a series of tests at 95 [deg]F, 
59 [deg]F, and 35 [deg]F.
    \12\ 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.
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IV. Interim Waiver Order

    DOE has reviewed Vinotemp's application, its suggested testing 
approach, representations of the specified basic models on the website 
for the Wine Mate brand, related product catalogs, and information 
provided by Vinotemp 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 Vinotemp.
    The modified testing approach would apply to the models specified 
in Vinotemp's waiver petition that include two categories of WICF 
refrigeration systems, i.e., single package and split (matched) 
systems. The ``Self-packaged'' and ``Self-contained'' systems as 
identified in the waiver petition are single-package systems. The basic 
models that are self-contained systems (``HZD'' model numbers) are 
designed for installation through the wall of a wine cellar, while the 
basic models that are ducted self-contained systems (``DS'' model 
numbers) are designed to be installed remotely from the wine cellar and 
provide cooling by circulating air through ducts from the wine cellar 
to the unit and back. The ``Split'' basic models as identified in the 
waiver petition are split (matched) systems, in which refrigerant 
circulates between the ``evaporator unit'' (unit cooler) portion of the 
unit and the ``condensing unit'' of the system. 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 ducted split systems (``SSH'' model 
numbers) circulates air through ducts from the wine cellar to the 
evaporator unit and back to provide cooling, while the evaporator unit 
of the ductless split systems (those with ``SSA,'' ``SSD,'' ``SSS,'' 
``SSI,'' ``SSO,'' ``SSL,'' ``SSR,'' and ``SSV'' model numbers) is 
installed either partially or entirely in the wine cellar, allowing 
direct cooling. The capacity of the specified basic models ranges from 
2,500 Btu/h to 12,000 Btu/h for the specified operating conditions for 
each of the models.\13\
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    \13\ The operating condition for all specified models is 55 
[deg]F cellar temperature. All models except the HZD models specify 
a 90 [deg]F condensing ambient temperature. Relative humidity for 
all basic models and condensing ambient temperature for the HZD 
basic models are not specified. An example of a specified model with 
capacity information based on these conditions can be found at 
https://www.vinotemp.com/wine-mate-6500ssh-split-central-ducted-wine-cooling-system.
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    DOE considers the operating temperature range of the specified 
basic models to be integral to its analysis of whether such models 
require a test procedure waiver. Grant of the interim waiver and its 
alternative test procedure to the specified basic models listed in the 
petition is based upon Vinotemp'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 (i.e., the self-contained systems) be 
conducted using a primary and a secondary capacity measurement method 
as specified in AHRI 1250-2020, using two of the following: The indoor 
air enthalpy method; the outdoor air enthalpy method; the compressor 
calibration method; the indoor room calorimeter method; the outdoor 
room calorimeter method; or the balanced ambient room calorimeter 
method.
    The required alternate test procedure also includes the following 
additional modifications to Vinotemp'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.\14\ 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.\15\ 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 \16\ using duct lengths 
and

[[Page 23697]]

diameters published in Vinotemp's installation manuals.\17\ DOE's 
calculations show reasonable agreement with the maximum ESP values 
provided by Vinotemp 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 Vinotemp to 
be sufficiently representative.
---------------------------------------------------------------------------

    \14\ Inches of water column (``in. wc'') is a unit of pressure 
conventionally used for measurement of pressure differentials.
    \15\ 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.
    \16\ 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-2020-BT-
WAV-0022-0005) and available at http://www.regulations.gov.
    \17\ Duct lengths and diameters can be found in Vinotemp's 
installation manuals at http://www.regulations.gov Docket No. EERE-
2020-BT-WAV-0022-0006, Docket No. EERE-2020-BT-WAV-0022-0007, and 
Docket No. EERE-2020-BT-WAV-0022-0008.
---------------------------------------------------------------------------

    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 \18\ or, if using 
the indoor air enthalpy method, by adjusting the airflow measurement 
apparatus blower.
---------------------------------------------------------------------------

    \18\ This approach is used for testing of furnace fans, as 
described in Section 8.6.1.1 of 10 CFR part 430, appendix AA to 
subpart B.
---------------------------------------------------------------------------

    The alternate test procedure also describes the requirements for 
measurement of ESP consistent with provisions provided in AHRI 1250-
2020 when using the indoor air enthalpy method with unit coolers.
    Additionally, the alternate test procedure indicates that specified 
basic models that are split systems must be tested as matched pairs. 
According to Vinotemp's 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 condenser 
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.
    Contrary to Vinotemp's request, DOE is not modifying the condenser 
air entering dry bulb temperature for outdoor condensers. Vinotemp had 
suggested a 90 [deg]F condenser air entering dry bulb temperature in 
its waiver request; however, the company did not provide technical 
justification for this request. The DOE test procedure currently 
requires a condenser air entering dry bulb temperature of 90 [deg]F for 
condensing units located indoors (see Table 3, AHRI 1250-2009, ``Fixed 
Capacity Matched Refrigeration System, Condensing Unit located 
Indoors'') and condenser air entering dry bulb temperatures of 95 
[deg]F, 59 [deg]F, and 35 [deg]F for condensing units located outdoors 
(see Table 4, AHRI 1250-2009, ``Fixed Capacity Matched Refrigerator 
System, Condensing Unit Located Outdoors''). Vinotemp notes that wine 
cellars are usually located in air-conditioned spaces; however, the 
company's wine cellar refrigeration systems are available for both 
indoor and outdoor use. To ensure that the test procedure remains 
relevant to outdoor units, DOE has determined that outdoor wine cellar 
refrigeration units must be tested at 95 [deg]F, 59 [deg]F, and 35 
[deg]F, consistent with the current DOE test procedure.
    DOE notes that, despite the request from Vinotemp, it is also not 
including a 0.55 correction factor in the alternate test procedure 
required by the Interim Waiver Order. The company had observed that the 
test procedure in appendix A to subpart B of 10 CFR part 430 
(``Appendix A''), includes such a factor to account for the difference 
in use and loading patterns of coolers (e.g., self-contained wine 
chiller cabinets) as compared to other residential refrigeration 
products and sought to include a factor as part of its petition. 
Coolers, like other residential refrigeration products, are tested in a 
90 [deg]F room without door openings (section 2.1.1 of Appendix A). The 
intent of the energy test procedure for residential refrigeration 
products is to simulate operation in typical room conditions (72 
[deg]F) with door openings by testing at 90 [deg]F ambient temperature 
without door openings. 10 CFR 430.23(ff)(7). In section 5.2.1.1 of 
Appendix A, a correction factor of 0.55 is applied to the measured 
energy consumption of coolers so that measuring energy consumption at 
90 [deg]F ambient temperature without door openings provides test 
results that are representative of consumer usage at 72 [deg]F ambient 
temperature with door openings. Specifically, the 0.55 correction 
factor reflects that (1) closed-door operation of self-contained 
coolers in typical 72 [deg]F room conditions results in an average 
energy consumption 0.46 times the value measured at the 90 [deg]F 
ambient temperature specified by the test procedure; and (2) expected 
door openings of a self-contained wine chiller would add an additional 
20% thermal load. Multiplying 0.46 by 1.2 results in the overall 
correction factor of 0.55. See 81 FR 46768, 46782 (July 18, 2016) 
(final rule for miscellaneous refrigeration products).
    In contrast, these same closed-door conditions on which the 
miscellaneous refrigeration correction factor is based are not present 
in the test procedure for walk-in cooler refrigeration systems. The 
WICF test procedure does not provide for closed-door testing at 
elevated ambient temperatures as the test procedure for residential 
refrigeration products does because walk-ins are tested and rated by 
component, with a walk-in refrigeration system tested and rated 
separately from a walk-in enclosure (panels and doors). See 76 FR 21580 
(April 15, 2011). 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 Vinotemp 
is not appropriate for the specified basic models.
    Further, Vinotemp asserted that the suggested 0.55 correction 
factor was to address the differences in average usage of the specified 
basic models as compared to walk-in cooler refrigeration systems more 
generally. AHRI 1250-2009 accounts for percent run time in the AWEF 
calculation by setting walk-in box load equal to specific fractions of 
refrigeration system net capacity--the fractions are defined based on 
whether the refrigeration system is for cooler or freezer applications, 
and whether it is designed for indoor or outdoor installation (see 
sections 6.2 (applicable to coolers) and 6.3 (applicable to freezers) 
of AHRI 1250-2009). The alternate test procedure provided by this 
interim waiver requires calculating AWEF based on setting the walk-in 
box load equal to half of the refrigeration system net capacity, 
without variation according to high and low load periods and without 
variation with outdoor air temperature for outdoor refrigeration 
systems. Setting the walk-in box load equal to half the refrigeration 
system net capacity results in a refrigeration system run time fraction 
slightly above 50 percent, which is in the range suggested

[[Page 23698]]

by Vinotemp as being representative for the specified basic models. As 
previously discussed, walk-in energy consumption is determined by 
component, with separate test procedures for walk-in refrigeration 
systems, doors, and panels. Section 6 of AHRI 1250-2009 provides 
equations for determining refrigeration box load as a function of 
refrigeration system capacity. Using these equations with an assumed 
load factor of 50 percent maintains consistency with Appendix C while 
providing an appropriate load fraction for wine cellar refrigeration 
systems. Accordingly, DOE has declined to adopt a correction factor for 
the equipment at issue.
    Based on DOE's review of Vinotemp'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 Vinotemp's implementation of wine cellar walk-in refrigeration 
system testing for these basic models. Consequently, DOE has determined 
that Vinotemp's petition for waiver will likely be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant Vinotemp immediate relief pending a determination of 
the petition for waiver.
    For the reasons stated, it is Ordered that:
    (1) Vinotemp International Corp. must test and rate the following 
Wine Mate-branded wine cellar walk-in refrigeration system basic models 
with the alternate test procedure set forth in paragraph (2).

                          Vinotemp Basic Models
------------------------------------------------------------------------
          Brand name              Configuration       Basic model No.
------------------------------------------------------------------------
Wine Mate.....................  Single-Packaged..  WM-2500HZD.
Wine Mate.....................  Single-Packaged..  WM-4500HZD.
Wine Mate.....................  Single-Packaged..  WM-6500HZD.
Wine Mate.....................  Single-Packaged..  WM-8500HZD.
Wine Mate.....................  Single-Packaged..  WM-4510HZD.
Wine Mate.....................  Single-Packaged..  WM-6510HZD.
Wine Mate.....................  Single-Packaged..  WM-8510HZD.
Wine Mate.....................  Single-Packaged..  WM-4500DS.
Wine Mate.....................  Single-Packaged..  WM-6500DS.
Wine Mate.....................  Single-Packaged..  WM-8500DS.
Wine Mate.....................  Single-Packaged..  WM-12030DS.
Wine Mate.....................  Matched..........  WM-2500SSA.
Wine Mate.....................  Matched..........  WM-2500SSD.
Wine Mate.....................  Matched..........  WM-2500SSH.
Wine Mate.....................  Matched..........  WM-2500SSL.
Wine Mate.....................  Matched..........  WM-2500SSI.
Wine Mate.....................  Matched..........  WM-2500SSO.
Wine Mate.....................  Matched..........  WM-2500SSR.
Wine Mate.....................  Matched..........  WM-2500SSV.
Wine Mate.....................  Matched..........  WM-2500SSW.
Wine Mate.....................  Matched..........  WM-4500SSA.
Wine Mate.....................  Matched..........  WM-4500SSD.
Wine Mate.....................  Matched..........  WM-4500SSH.
Wine Mate.....................  Matched..........  WM-4500SSL.
Wine Mate.....................  Matched..........  WM-4500SSI.
Wine Mate.....................  Matched..........  WM-4500SSO.
Wine Mate.....................  Matched..........  WM-4500SSR.
Wine Mate.....................  Matched..........  WM-4500SSS.
Wine Mate.....................  Matched..........  WM-4500SSV.
Wine Mate.....................  Matched..........  WM-4500SSW.
Wine Mate.....................  Matched..........  WM-6500SSA.
Wine Mate.....................  Matched..........  WM-6500SSD.
Wine Mate.....................  Matched..........  WM-6500SSH.
Wine Mate.....................  Matched..........  WM-6500SSL.
Wine Mate.....................  Matched..........  WM-6500SSR.
Wine Mate.....................  Matched..........  WM-6500SSV.
Wine Mate.....................  Matched..........  WM-8500SSA.
Wine Mate.....................  Matched..........  WM-8500SSD.
Wine Mate.....................  Matched..........  WM-8500SSH.
Wine Mate.....................  Matched..........  WM-8500SSL.
Wine Mate.....................  Matched..........  WM-8500SSS.
Wine Mate.....................  Matched..........  WM-12000SSA.
Wine Mate.....................  Matched..........  WM-12000SSD.
Wine Mate.....................  Matched..........  WM-12000SSH.
Wine Mate.....................  Matched..........  WM-12000SSS.
------------------------------------------------------------------------

    (2) The alternate test procedure for the Vinotemp basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for Walk-in Cooler Refrigeration Systems prescribed by DOE at 
10 CFR part 431, subpart R, appendix C (``Appendix C to Subpart R''), 
except as detailed below. All other requirements of Appendix C to 
Subpart R, and DOE's regulations remain applicable.
    In Appendix C to Subpart R, revise section 3.1.1 (which specifies 
modifications to AHRI 1250-2009 (incorporated by reference; see Sec.  
431.303)) to read:


[[Page 23699]]


    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
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


[[Page 23700]]


    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:
[GRAPHIC] [TIFF OMITTED] TN04MY21.002

For Outdoor Condensing Units:
[GRAPHIC] [TIFF OMITTED] TN04MY21.003

    (3) Representations. Vinotemp 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.

[[Page 23701]]

    (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 Vinotemp are valid. If 
Vinotemp 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 
Vinotemp 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, Vinotemp may request 
that DOE rescind or modify the Interim Waiver Order if Vinotemp 
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 Vinotemp 
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. Vinotemp 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, Vinotemp 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 28, 
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 April 29, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Application for Waiver of Walk-in Wine Cellar Cooling Systems

    Vinotemp International Corp. is requesting for 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.''
    DOE uniform test method for the measurement of energy 
consumption of walk-in coolers and walk-in freezers described in 10 
CFR 431.304 adopts the test standard set forth in AHRI 1250-2019. 
Our walk-in wine cellar cooling systems meet the definition of walk-
in cooler refrigeration systems.
    The design characteristics constituting the grounds for the 
Waiver Application:

Self-Contained Cooling Systems for Walk-in Wine Cellars (refer to 
single-packaged walk-in cooler refrigeration systems in AHRI 1250-2019)

     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 1250-2019)

     Split cooling systems are designed to provide cold 
environment between 45~55 [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.
    AHRI 1250-2019 defines the test conditions of walk-in cooler 
refrigeration systems 35 [deg]F air temperature with <50% relative 
humidity. However, in fact wine cellar cooling systems are designed 
to supply 55 [deg]F (45 to 65 [deg]F) air temperature and maintain 
>50% (50 to 70%) relative humidity. Wine cellar cooling systems are 
optimized to operate within such temperature and relative humidity 
ranges that they can't operate at 35 [deg]Fair temperature.
    Wine cellars don't have high and low load periods, so the AWEF 
calculation described in 10 CFR 431.304 and AHRI 1250-2019 doesn't 
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.
    None of the basic models listed can operate below 45 [deg]F.

           Basic Models on Which the Waiver Is Being Requested
------------------------------------------------------------------------
            Brand name                         Basic model No.
------------------------------------------------------------------------
Wine Mate.........................  Self-contained WM-2500HZD.
Wine Mate.........................  Self-contained WM-4500HZD.
Wine Mate.........................  Self-contained WM-6500HZD.
Wine Mate.........................  Self-contained WM-8500HZD.

[[Page 23702]]

 
Wine Mate.........................  Self-contained WM-4510HZD.
Wine Mate.........................  Self-contained WM-6510HZD.
Wine Mate.........................  Self-contained WM-8510HZD.
Wine Mate.........................  Self-packaged WM-4500DS.
Wine Mate.........................  Self-packaged WM-6500DS.
Wine Mate.........................  Self-packaged WM-8500DS.
Wine Mate.........................  Self-packaged WM-12030DS.
Wine Mate.........................  Split WM-2500SSA, WM-2500SSD, WM-
                                     2500SSH, WM-2500SSL, WM-2500SSI, WM-
                                     2500SSO, WM-2500SSR, WM-2500SSV and
                                     WM-2500SSW.
Wine Mate.........................  Split WM-4500SSA, WM-4500SSD, WM-
                                     4500SSH, WM-4500SSL, WM-4500SSI, WM-
                                     4500SSO, WM-4500SSR, WM-4500 SSS,
                                     WM-4500SSV and WM-4500SSW.
Wine Mate.........................  Split WM-6500SSA, WM-6500SSD, WM-
                                     6500SSH, WM-6500SSL, WM-6500SSR and
                                     WM-6500SSV.
Wine Mate.........................  Split WM-8500SSA, WM-8500 SSD, WM-
                                     8500SSH, WM-8500SSL and WM-8500SSS.
Wine Mate.........................  Split WM-12000 SSA, WM-12000SSD, WM-
                                     12000SSH and WM-12000SSS.
------------------------------------------------------------------------


 Maximum External Static Pressure Drop for Self-Contained Ducted Cooling
                                  Units
------------------------------------------------------------------------
                                                              Maximum
                                             Duct size       external
                Model No.                  (diameter in       static
                                              inches)      pressure drop
                                                            (in-water)
------------------------------------------------------------------------
WM-4500DS...............................               8            0.13
WM-6500DS...............................              10            0.07
WM-8500DS...............................              10            0.15
WM-12030DS..............................              10            0.18
WM-4510HZD..............................               8            0.13
WM-6510HZD..............................              10            0.07
WM-8510HZD..............................              10            0.15
------------------------------------------------------------------------


  Maximum External Static Pressure Drop for Split Ducted Cooling Units
------------------------------------------------------------------------
                                                              Maximum
                                             Duct size       external
                Model No.                  (diameter in       static
                                              inches)      pressure drop
                                                            (in-water)
------------------------------------------------------------------------
WM-2500SSH..............................               8            0.05
WM-4500SSH..............................               8            0.13
WM-6500SSH..............................              10            0.07
WM-8500SSH..............................              10            0.15
WM-12000SSH.............................              10            0.18
------------------------------------------------------------------------

Specific Requirements Sought to be Waived

    Vinotemp International is petitioning for a waiver to exempt 
both Self-contained and Split walk-in wine cellar cooling systems 
from being tested to the current test procedure. The prescribed test 
procedure is not appropriate for these products for the reasons 
stated previously.

List of Manufacturers of All Other Basic Models Marketing in the United 
States and Known to the Petitioner to Incorporate Similar Design 
Characteristics

Manufacturer: Vinotemp
Manufacturer: CellarPro
Manufacturer: WhisperKOOL
    1--Correction factor 0.55 to calculate the AWEF to adjust for 
average usage (see Appendix A to Subpart B of 10 CFR part 430 for 
reference)
    2--One load to calculate AWEF
    3--Evaporator entering dry-bulb 55 [deg]F for both Self-
contained and Split cooling systems
    4--Evaporator air entering relative humidity 55% for both Self-
contained and Split cooling systems
    5--Condenser air entering dry-bulb 90 [deg]F for both indoor and 
outdoor cooling systems

Success of the Application for Waiver

    It will ensure that manufacturers of Self-contained and Split 
walk-in wine cellar cooling systems can continue to participate in 
the market.

What Economic Hardship and/or Competitive Disadvantage are Likely to 
Result Absent a Favorable Determination on the Application for 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 1250-2019, it 
would add significant cost and increase energy consumption.

Conclusion

    Vinotemp International Corp. seeks a Waiver from DOE's current 
test method for the measurement of energy consumption of walk-in 
wine cellar Self-contained and Split cooling systems.

/s/ Alvin Patrick,
VP of Operation

[FR Doc. 2021-09337 Filed 5-3-21; 8:45 am]
BILLING CODE 6450-01-P