[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24603-24606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09702]


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DEPARTMENT OF ENERGY

[Case Number 2020-014; EERE-2020-BT-WAV-0028]


Energy Conservation Program: Decision and Order Granting a Waiver 
to KeepRite Refrigeration 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 2020-014) that grants to KeepRite 
Refrigeration (``KeepRite'') a waiver from specified portions of the 
DOE test procedure for determining the energy efficiency of specified 
carbon dioxide (``CO2'') direct expansion unit coolers. Under the 
Decision and Order, KeepRite is required to test and rate the specified 
basic models of its CO2 direct expansion unit coolers in accordance 
with the alternate test procedure set forth in the Decision and Order.

DATES: The Decision and Order is effective on May 7, 2021. The Decision 
and Order will terminate upon the compliance date of any future 
amendment to the test procedure for walk-in refrigeration systems 
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, KeepRite must use the relevant test procedure for 
these CO2 direct expansion unit coolers 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 Sec.  431.401(f)(2) of 
title 10 of the Code of Federal Regulations (10 CFR 431.401(f)(2)), DOE 
gives notification of the issuance of its Decision and Order as set 
forth below. The Decision and Order grants KeepRite a waiver from the 
applicable test procedure at 10 CFR part 431, subpart R, appendix C for 
specified basic models of CO2 direct expansion unit coolers, and 
provides that KeepRite must test and rate such CO2 direct expansion 
unit coolers using the alternate test procedure specified in the 
Decision and Order. KeepRite's 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 this equipment. (42 
U.S.C. 6314(d))
    Manufacturers not currently distributing such products/equipment in 
commerce in the United States that employ a technology or 
characteristic that results in the same need for a waiver from the 
applicable test procedure must petition for and be granted a waiver 
prior to the distribution in commerce of CO2 direct expansion unit 
coolers in the United States. 10 CFR 431.401(j). Manufacturers may also 
submit a request for interim waiver pursuant to the requirements of 10 
CFR 431.401.

Case #2020-014

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 
energy

[[Page 24604]]

efficiency for certain types of industrial equipment. This equipment 
includes walk-in cooler and walk-in freezer (collectively, ``walk-
ins'') refrigeration systems, 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 covered equipment during a representative 
average use cycle and requires that test procedures not be unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(2)) The test procedure for 
walk-in refrigeration systems 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. KeepRite's Petition for Waiver: Assertions and Determinations

    By letter docketed on August 11, 2020, KeepRite filed a petition 
for waiver and a petition for interim waiver from the DOE test 
procedure applicable to CO2 direct expansion unit coolers set forth in 
Appendix C. (KeepRite, No. 1 at p. 1 \3\) KeepRite claimed that the 
test conditions described in Table 15 and Table 16 of the Air-
Conditioning, Heating, and Refrigeration Institute (``AHRI'') Standard 
1250-2009, Standard for Performance Rating of Walk-In Coolers and 
Freezers (``AHRI 1250-2009'') (for walk-in refrigerator unit coolers 
and freezer unit coolers tested alone), as incorporated by Appendix C 
with modification, cannot be achieved by the specified basic models and 
are not consistent with the operation of KeepRite's CO2 direct 
expansion unit coolers. (KeepRite, No. 1 at p. 2) KeepRite asserted 
that the test conditions are not achievable, since CO2 refrigerant has 
a critical temperature of 87.8 [deg]F \4\ and the current DOE test 
procedure requires a liquid inlet saturation temperature of 105 [deg]F 
and liquid inlet subcooling of 9 [deg]F. Id. KeepRite suggested that 
the test conditions should be more consistent with typical operating 
conditions for a transcritical CO2 booster system. Id.
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    \3\ A notation in the form ``KeepRite, No. 1'' identifies a 
written submission: (1) Made by KeepRite; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2020-BT-WAV-0028) and available at http://www.regulations.gov.
    \4\ The test procedure specifies the unit cooler refrigerant 
inlet condition in terms of a saturation temperature (the 
temperature at which it completes the condensation process in a 
condenser) and the subcooling temperature (additional reduction in 
temperature lower than the specified saturation temperature). For 
CO2, the critical temperature above which there cannot exist 
separate liquid and gas phases is below the saturation condition 
specified in the test procedure--hence, the specified condition 
cannot be achieved.
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    KeepRite's suggested test procedure specified using modified liquid 
inlet saturation and liquid inlet subcooling temperatures of 38 [deg]F 
and 5 [deg]F, respectively, for both walk-in refrigerator unit coolers 
and walk-in freezer unit coolers. (KeepRite, No. 1 at pp. 4-5). 
Additionally, KeepRite suggested that because the subject units are 
used in transcritical CO2 booster systems, the calculations in AHRI 
1250-2009, section 7.9 should be used to determine the annual walk-in 
energy factor (``AWEF'') and net capacity for unit coolers matched to 
parallel rack systems, as required under the DOE test procedure. 
(KeepRite, No. 1 at p. 4) This section of AHRI 1250-2009 is prescribed 
by the DOE test procedure for determining AWEF for all unit coolers 
tested alone (Appendix C, section 3.3.1). Finally, KeepRite also 
suggested that AHRI 1250-2009, Table 17, EER for Remote Commercial 
Refrigerated Display Merchandisers and Storage Cabinets, should be used 
to determine power consumption of CO2 direct expansion unit cooler 
systems, as required under the DOE test procedure. (Keeprite, No. 1 at 
p. 4)
    On March 3, 2021, DOE published a notification that announced its 
receipt of the petition for waiver and granted KeepRite an interim 
waiver. 86 FR 12433 (``Notification of Petition for Waiver''). In the 
Notification of Petition for Waiver, DOE acknowledged the difference in 
critical pressure and temperature between traditional refrigerants 
(such as R404A) and CO2 as used in KeepRite's direct expansion unit 
coolers. 86 FR 12433, 12436. DOE also noted that the transcritical 
nature of CO2 generally requires a more complex refrigeration cycle 
design to approach the efficiency of traditional refrigerant cycles 
during operation in high temperature conditions. Id.
    In the Notification of Petition for Waiver, DOE also solicited 
comments from interested parties on all aspects of the petition and the 
specified alternate test procedure. 86 FR 12433. DOE received no 
substantive comments \5\ in response to the Notification of Petition 
for Waiver.
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    \5\ One comment was received, but it contained no content. The 
comment stated only the docket number for the notification of 
petition for waiver and grant of an interim waiver.
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    For the reasons explained here and in the Notification of Petition 
for Waiver, absent a waiver, the basic models

[[Page 24605]]

identified by KeepRite in its petition cannot be tested and rated for 
energy consumption on a basis representative of their true energy 
consumption characteristics. DOE has reviewed the procedure suggested 
by KeepRite and concludes that it will allow for the accurate 
measurement of the energy use of the CO2 direct expansion unit coolers, 
while alleviating the testing issues associated with KeepRite's 
implementation of DOE's applicable walk-in refrigeration system test 
procedure for the specified basic models.
    Thus, DOE is requiring that KeepRite test and rate specified CO2 
direct expansion unit cooler basic models according to the alternate 
test procedure specified in this Decision and Order, which is identical 
to the procedure provided in the interim waiver.
    This Decision and Order 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. 
KeepRite 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). KeepRite 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, 
KeepRite may request that DOE rescind or modify the waiver if the 
company discovers an error in the information provided to DOE as part 
of its petition, determines that the waiver is no longer needed, or for 
other appropriate reasons. 10 CFR 431.401(k)(2).

III. Order

    After careful consideration of all the material that was submitted 
by KeepRite, KeepRite's consumer-facing materials, including websites 
and product specification sheets for the basic models listed in 
KeepRite's petition, as well as other industry information pertaining 
to the subject basic models listed by KeepRite, it is ordered that:
    (1) KeepRite must, as of the date of publication of this Order in 
the Federal Register, test and rate the following CO2 direct expansion 
unit cooler basic models with the alternate test procedure as set forth 
in paragraph (2):

KeepRite/Trenton/Bally Branded Basic Models on Which the Waiver and 
Interim Waiver Is Being Requested

*LP104C*-**D*                         *LP104D*-**D*                         *LP103F*-**D*
*LP106C*-**D*                         *LP105D*-**D*                         *LP104F*-**D*
*LP107C*-**D*                         *LP106D*-**D*                         *LP106F*-**D*
*LP209C*-**D*                         *LP207D*-**D*                         *LP207F*-**D*
*LP211C*-**D*                         *LP209D*-**D*                         *LP208F*-**D*
*LP214C*-**D*                         *LP211D*-**D*                         *LP211F*-**D*
*LP317C*-**D*                         *LP314D*-**D*                         *LP313F*-**D*
*LP320C*-**D*                         *LP316D*-**D*                         *LP316F*-**D*
*LP422C*-**D*                         *LP418D*-**D*                         *LP418F*-**D*
*LP427C*-**D*                         *LP421D*-**D*                         *LP421F*-**D*
*LP534C*-**D*                         *LP526D*-**D*                         *LP524F*-**D*
*LP640C*-**D*                         *LP631D*-**D*                         *LP627F*-**D*
*MP120C*-**D*                         *MP116L*-**D*                         *MP113F*-**D*
*MP124C*-**D*                         *MP120L*-**D*                         *MP117F*-**D*
*MP232C*-**D*                         *MP224L*-**D*                         *MP221F*-**D*
*MP240C*-**D*                         *MP233L*-**D*                         *MP226F*-**D*
*MP248C*-**D*                         *MP239L*-**D*                         *MP234F*-**D*
*MP360C*-**D*                         *MP347L*-**D*                         *MP338F*-**D*
*MP372C*-**D*                         *MP355L*-**D*                         *MP349F*-**D*
*MP486C*-**D*                         *MP470L*-**D*                         *MP457F*-**D*
*MP495C*-**D*
*TM215C*-**D*                         *TM204D*-**D*                         *LV106C*-**D*
*TM318C*-**D*                         *TM206D*-**D*                         *LV109C*-**D*
*TM321C*-**D*                         *TM209D*-**D*                         *LV212C*-**D*
*TM426C*-**D*                         *TM212D*-**D*                         *LV217C*-**D*
*TM531C*-**D*                         *TM315D*-**D*                         *LV325C*-**D*
*TM215C*-**D*                         *TM318D*-**D*                         *LV331C*-**D*
*TM318C*-**D*                         *TM422D*-**D*                         *LV437C*-**D*
*TM321C*-**D*                         *TM526D*-**D*                         *LV441C*-**D*
*TM426C*-**D*                         ....................................  *LV546C*-**D*
*TM531C*-**D*
 

    (2) The alternate test procedure for the KeepRite basic models 
listed in paragraph (1) of this Order is the test procedure for walk-in 
refrigeration systems prescribed by DOE at 10 CFR part 431, subpart R, 
appendix C (``Appendix C''), except that the liquid inlet saturation 
temperature test condition and liquid inlet subcooling temperature test 
condition shall be modified to 38 [deg]F and 5 [deg]F, respectively, 
for both walk-in refrigerator unit coolers and walk-in freezer unit 
coolers, as detailed below. All other requirements of Appendix C and 
DOE's other relevant regulations remain applicable.
    In Appendix C, under section 3.1. General modifications: Test 
Conditions and Tolerances, revise section 3.1.5., to read as follows:
    3.1.5. Tables 15 and 16 shall be modified to read as follows:

[[Page 24606]]



                                                           Table 15--Refrigerator Unit Cooler
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                                      Unit cooler  Unit cooler                  Liquid       Liquid
                                          air          air       Saturated      inlet        inlet
          Test description              entering     entering     suction     saturation   subcooling     Compressor capacity         Test objective
                                       dry-bulb,     relative      temp,        temp,        temp,
                                         [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
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Off Cycle Fan Power.................           35          <50  ...........  ...........  ...........  Compressor Off...........  Measure fan input
                                                                                                                                   power during
                                                                                                                                   compressor off cycle.
Refrigeration Capacity Suction A....           35          <50           25           38            5  Compressor On............  Determine Net
                                                                                                                                   Refrigeration
                                                                                                                                   Capacity of Unit
                                                                                                                                   Cooler.
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Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.


                                                              Table 16--Freezer Unit Cooler
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                                      Unit cooler  Unit cooler                  Liquid       Liquid
                                          air          air       Saturated      inlet        inlet
          Test description              entering     entering     suction     saturation   subcooling     Compressor capacity         Test objective
                                       dry-bulb,     relative      temp,        temp,        temp,
                                         [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
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Off Cycle Fan Power.................          -10          <50  ...........  ...........  ...........  Compressor Off...........  Measure fan input
                                                                                                                                   power during
                                                                                                                                   compressor off cycle.
Refrigeration Capacity Suction A....          -10          <50          -20           38            5  Compressor On............  Determine Net
                                                                                                                                   Refrigeration
                                                                                                                                   Capacity of Unit
                                                                                                                                   Cooler.
Defrost.............................          -10      Various  ...........  ...........  ...........  Compressor Off...........  Test according to
                                                                                                                                   Appendix C Section
                                                                                                                                   C11.
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Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.

    (3) Representations. KeepRite may not make representations about 
the energy efficiency of a basic model listed in paragraph (1) of this 
Order for compliance or marketing, unless the basic model has been 
tested in accordance with the provisions set forth above and such 
representations fairly disclose the results of such testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 431.401.
    (5) DOE issues this waiver on the condition that the statements, 
representations, and information provided by KeepRite are valid. If 
KeepRite makes any modifications to the controls or configurations of 
these basic models, such modifications will render the waiver invalid 
with respect to that basic model, and KeepRite 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, KeepRite may request 
that DOE rescind or modify the waiver if KeepRite 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) KeepRite 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. KeepRite Refrigeration may 
submit a new or amended petition for waiver and request for grant of 
interim waiver, as appropriate, for additional basic models of CO2 
direct expansion unit coolers. Alternatively, if appropriate, KeepRite 
Refrigeration 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 May 2, 
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 May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

[FR Doc. 2021-09702 Filed 5-6-21; 8:45 am]
BILLING CODE 6450-01-P