[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26504-26510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10244]


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DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to Vinotheque From the Department of Energy Walk-In Coolers and Walk-In 
Freezers Test Procedure

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

ACTION: Notification of decision and order.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notification of 
a Decision and Order (Case Number 2019-011) that grants to Vinotheque 
Wine Cellars DBA WhisperKOOL Corp. DBA CellarCool (``Vinotheque'') a 
waiver from specified portions of the DOE test procedure for 
determining the energy efficiency of specified wine cellar walk-in 
cooler refrigeration systems. Due to the design of Vinotheque's 
specific basic models of walk-in wine cellar refrigeration systems, the 
current test procedure evaluates such models in a manner that is 
unrepresentative of their energy use. Under the Decision and Order, 
Vinotheque is required to test and rate the specified basic models of 
its walk-in cooler refrigeration systems in accordance with the 
alternate test procedure set forth in the Decision and Order.

DATES: The Decision and Order is effective on May 14, 2021. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for walk-in coolers and walk-in 
freezers located at title 10 of the Code of Federal Regulations 
(``CFR''), part 431, subpart R, appendix C that addresses the issues 
presented in this waiver. At such time, Vinotheque must use the 
relevant test procedure for this equipment for any testing to 
demonstrate compliance with the applicable standards, and any other 
representations of energy use.

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

SUPPLEMENTARY INFORMATION: In accordance with section 431.401(f)(2) of 
Title 10 of the Code of Federal Regulations (``CFR'') (10 CFR 
431.401(f)(2)), DOE gives notification of the issuance of its Decision 
and Order as set forth below. The Decision and Order grants Vinotheque 
a waiver from the applicable test procedure at 10 CFR part 431, subpart 
R, appendix C for specified basic models of walk-in cooler 
refrigeration systems, and provides that Vinotheque must test and rate 
such walk-in cooler refrigeration systems using the alternate test 
procedure specified in the Decision and Order. Vinotheque'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 these products. (42 U.S.C. 6314(d))
    Manufacturers not currently distributing equipment in commerce in 
the United States that employ a technology or characteristic that 
results in the same need for a waiver from the applicable test 
procedure must petition for and be granted a waiver prior to the 
distribution in commerce of that equipment in the United States. 10 CFR 
431.401(j). Manufacturers may also submit a request for interim waiver 
pursuant to the requirements of 10 CFR 431.401. Id.

Case #2019-011

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part C \2\ of 
EPCA established the Energy Conservation Program for Certain Industrial 
Equipment, which sets forth a variety of provisions designed to improve 
the energy efficiency for certain types of industrial equipment. This 
equipment includes walk-in coolers and walk-in freezers (collectively, 
``walk-ins''), the focus of this document. (42 U.S.C. 6311(1)(G))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6311), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
energy conservation standards (42 U.S.C. 6313), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316; 42 
U.S.C. 6299).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the equipment complies 
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(s))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered walk-ins. EPCA requires that any test procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results which reflect energy efficiency, energy use or estimated 
annual operating cost of walk-ins during a representative average use 
cycle and requires that test procedures not be unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(2)) The test procedure for walk-ins is set 
forth in the Code of Federal Regulations (``CFR'') at 10 CFR part 431, 
subpart R, appendix C, Uniform Test Method for the Measurement of Net 
Capacity and AWEF of Walk-in Cooler and Walk-in Freezer Refrigeration 
Systems (``Appendix C'').
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 431.401(a)(1). DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design

[[Page 26505]]

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. Vinotheque's Petition for Waiver: Assertions and Determinations

    DOE received correspondence, docketed on December 2, 2019, from 
Vinotheque seeking an interim waiver from the DOE test procedure 
applicable to walk-ins set forth in Appendix C. (Vinotheque, No. 1 \3\) 
The waiver process under 10 CFR 431.401 requires that a petition for 
interim waiver must reference the related petition for waiver. (10 CFR 
431.401(b)(2)) Vinotheque later confirmed in a May 26, 2020 email that 
its petition should also be considered as a petition for waiver. 
(Vinotheque, No. 4) Vinotheque later submitted an updated petition, 
docketed on December 11, 2020, providing maximum external static 
pressure (``ESP'') values for specified basic models and clarifying 
that the specified basic models cannot operate below 45 [deg]F.\4\ 
(Vinotheque, No. 6) Due to two discrepancies in Vinotheque's petition 
for waiver (the ``Platinum 4000 Ducted'' model is listed in the basic 
model list but is not listed in the table containing ESP values; the 
``SL2500'' model is listed in the basic model list, but only appears as 
``SL'' in the table containing ESP values), Vinotheque provided a 
maximum ESP for the ``Platinum 4000 Ducted'' model, and confirmed the 
model number and maximum ESP for ``SL2500''. (Vinotheque, No. 9) 
Vinotheque stated that the specified basic models of walk-in cooler 
refrigeration systems are intended to operate at a temperature range of 
45 [deg]F to 65 [deg]F and 50 to 70 percent relative humidity (``RH''), 
rather than the 35 [deg]F with less than 50 percent RH test conditions 
prescribed by the test procedure for walk-in cooler applications. 
Vinotheque stated that the units operate at temperature and relative 
humidity ranges optimized for long-term storage of wine, reflecting 
conditions in natural caves, and that they are usually located in air-
conditioned spaces. Vinotheque asserted that testing at 35 [deg]F would 
be unrepresentative of the true energy consumption characteristics of 
the specified units and that operation at this temperature may damage 
the specified units.
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    \3\ A notation in the form ``Vinotheque, No. 1'' identifies a 
written submission: (1) Made by Vinotheque; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2019-BT-WAV-0038) and available at http://www.regulations.gov.
    \4\ The December 11, 2020 update was consistent with a letter 
from the Air-Conditioning, Heating, and Refrigeration Institute 
(``AHRI'') recommending that a 45 [deg]F minimum temperature be used 
for testing wine cellar cooling systems, and that testing be 
conducted at an external static pressure (``ESP'') value equal to 50 
percent of the maximum ESP to be specified by manufacturers for each 
basic model. The AHRI letter is available at Docket No. EERE-2019-
BT-WAV-0038-0005. Vinotheque asserted that the maximum ESP values 
included in its updated petition for waiver are confidential 
business information. These values have been redacted from the 
publicly-available version of the company's submission.
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    On March 1, 2021, DOE published a notification announcing its 
receipt of the petition for waiver and granted Vinotheque an interim 
waiver. 86 FR 11961 (``Notification of Petition for Waiver''). In the 
Notification of Petition for Waiver, DOE noted that the ``Single-
Packaged'' basic models of walk-in refrigeration systems identified by 
Vinotheque in its petition are self-contained, single-package systems. 
Although not explicitly identified by Vinotheque, DOE recognized that 
because of their single-package design, these basic models have 
insufficient space within the units and insufficient lengths of liquid 
line and evaporator outlet line for the dual mass flow meters (i.e., 
two independent meters) and the dual temperature and pressure 
measurements (i.e., two independent sets of measuring equipment) 
required by the test procedure's refrigerant enthalpy method. 86 FR 
11961, 11964. AHRI 1250-2009 (``Standard for Performance Rating of 
Walk-in Coolers and Freezers'' \5\)--the industry testing standard on 
which DOE's test procedure is based--does not include specific 
provisions for testing single-package systems, and testing these basic 
models using the refrigerant enthalpy method as required by Appendix C 
would require extensive additional piping to route the pipes out of the 
system--where the components could be installed--and then back in. This 
additional piping would impact unit performance, would likely be 
inconsistent between test labs, and would result in unrepresentative 
test values for the unit under test. AHRI has published a revised 
version of the test standard that provides provisions for single-
package systems without requiring extensive additional piping (AHRI 
1250-2020, 2020 Standard for Performance Rating of Walk-in Coolers and 
Freezers).
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    \5\ This also includes the related Errata sheet published by 
AHRI, dated December 2015.
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    In the Notification of Petition for Waiver, DOE established an 
alternate test procedure that was a modified version of the alternate 
test procedure suggested by Vinotheque. 86 FR 11961, 11966-11969. 
Specifically, the required alternate test procedure establishes unit 
cooler air inlet conditions of 55 [deg]F and 55 percent RH, specifies 
primary and secondary capacity measurement methods for single-package 
systems, requires testing at 50 percent of maximum external static 
pressure for ducted units, and defines wine cellar box load and 
evaporator cycle periods for calculation of Annual Walk-in Energy 
Factor (``AWEF'') for the specified basic models of walk-in cooler 
refrigeration systems. Id. DOE solicited comments from interested 
parties on all aspects of the petition and the modified alternate test 
procedure. Id.
    DOE received one comment, which was submitted by the Pacific Gas 
and Electric Company, San Diego Gas and Electric, and Southern 
California Edison (collectively, ``the CA IOUs'').\6\ The CA IOUs 
recommended that DOE consider changes to the walk-in cooler and walk-in 
freezer labeling requirements and to the definitions applicable to 
walk-in cooler refrigeration systems in order to differentiate between 
walk-in cooler refrigeration systems and walk-in cooler refrigeration 
systems that are wine cooler systems. The CA IOUs stated that the 
current labeling requirements would classify a wine cellar walk-in 
cooler as a standard walk-in cooler, despite the difference in testing 
requirements. The CA IOUs suggested that manufacturer materials should 
be required to report use of an alternate test procedure. The CA IOUs 
stated that otherwise, there may be confusion in the market. (CA IOUs, 
No 12 at pp. 1-2)
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    \6\ Comments available in Docket No. EERE-2019-BT-WAV-0038-0012 
at http://www.regulations.gov.
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    The current definition and labeling requirements for walk-in 
coolers do not distinguish between walk-in cooler refrigeration systems 
generally and

[[Page 26506]]

walk-in cooler refrigeration systems for wine cellars. As discussed, 
Vinotheque stated that the subject units are unable to operate at a 
temperature less than 45 [deg]F. Because of the inability to operate at 
lower temperatures and the specific application to wine cellars, there 
is unlikely to be confusion in the market between the subject units and 
other walk-in cooler refrigeration systems.
    In addition, the CA IOUs reiterated comments that they submitted in 
response to a notice of proposed rulemaking regarding testing 
provisions for hot gas defrost in the walk-in cooler test procedure (85 
FR 60724; September 28, 2020).\7\ Specifically, the CA IOUs recommended 
that DOE address several open test procedure waivers (including those 
for wine cellar walk-ins) and recommendations from the 2015 Appliance 
Standards and Rulemaking Federal Advisory Committee working group 
related to improving the representativeness of the test procedure.
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    \7\ Comments available in Docket No. EERE-2020-BT-TP-0016-0004 
at https://www.regulations.gov.
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    In accordance with 10 CFR 431.401, this Decision and Order 
addresses the petition for waiver submitted by Vinotheque and is 
limited to the basic models specified in the Order. As stated, as soon 
as practicable after the granting of this and any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 431.401(l).
    For the reasons explained here and in the Notification of Petition 
for Waiver, absent a waiver the basic models identified by Vinotheque 
in its petition cannot be tested and rated for energy consumption on a 
basis representative of their true energy consumption characteristics. 
As noted above, the alternate test procedure prescribed in the Interim 
Waiver modified Vinotheque's suggested alternate test procedure by 
including ESP provisions for certain systems that can be installed with 
(1) ducted evaporator air, (2) with or without ducted evaporator air, 
(3) ducted condenser air, or (4) with or without ducted condenser air. 
For such systems, testing is conducted at 50 percent of the maximum ESP 
specified by the manufacturer, subject to a tolerance of -0.00/+0.05 
inches of water column (``in. wc.''). (Vinotheque, No. 5)
    Selection of a representative ESP equal to half the maximum ESP is 
based on the expectation that most installations will require less than 
the maximum allowable duct length. In the absence of field data, DOE 
expects that a range of duct lengths from the minimal length to the 
maximum allowable length would be used; thus, half of the maximum ESP 
would be representative of most installations.
    If the basic model provides multiple condenser or unit cooler fan 
speed settings, the speed setting used is as instructed in the unit's 
installation instructions. However, if the installation instructions do 
not specify a fan speed setting for ducted installation, systems that 
can be installed with ducts would be tested with the highest available 
fan speed. The ESP is set for testing either by symmetrically 
restricting the outlet duct or, if using the indoor air enthalpy 
method, by adjusting the airflow measurement apparatus blower.
    The alternate test procedure also specifies the requirements for 
measuring ESP consistent with the provisions provided in AHRI 1250-2020 
when using the indoor air enthalpy method with unit coolers.
    Additionally, the alternate test procedure requires that specified 
basic models that are split systems must be tested as matched pairs. 
According to Vinotheque'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 condensing 
unit components. This Order provides no direction regarding refrigerant 
line connection operating conditions, and as such is inapplicable to 
testing the basic models as individual components. Consequently, this 
Order addresses only matched-pair testing of the specified basic models 
that are split-systems.
    For the reasons explained in the Notification of Petition for 
Waiver, the Order does not include a 0.55 correction factor in the 
alternate test procedure as suggested by Vinotheque. 86 FR 11961, 
11965-11966. The company had observed that the test procedure in 
appendix A to subpart B of 10 CFR part 430 (``Appendix A''), which 
applies to miscellaneous refrigeration products, includes such a factor 
to account for the difference in use and loading patterns of coolers 
(e.g., self-contained wine chiller cabinets) as compared to other 
residential refrigeration products in terms of use and loading 
patterns, compressor efficiencies and refrigerants, and required fan 
power, and sought to include such a factor as part of its petition. As 
explained in the Notice of Petition for Waiver, the closed-door 
conditions on which the miscellaneous refrigeration correction factor 
is based are not present in the test procedure for walk-in cooler 
refrigeration systems, and the referenced AHRI 1250-2009 provisions 
assume a load factor of 50 percent, consistent with Appendix C. Id. As 
a result, applying the 0.55 correction factor as suggested by 
Vinotheque is not appropriate for the specified basic models.
    DOE is requiring that Vinotheque test and rate specified wine 
cellar walk-in refrigeration system basic models according to the 
alternate test procedure specified in this Decision and Order. This 
alternate procedure is a modified version of the one suggested by 
Vinotheque. The alternate test procedure required under this Order is 
the same alternate test procedure prescribed in the Interim Waiver 
Order.
    This Decision and Order applies only to the basic models listed and 
does not extend to any other basic models. DOE evaluates and grants 
waivers for only those basic models specifically set out in the 
petition, not future models that may be manufactured by the petitioner. 
Vinotheque 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). Vinotheque 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, 
Vinotheque may request that DOE rescind or modify the waiver if the 
company discovers an error in the information provided to DOE as part 
of its petition, determines that the waiver is no longer needed, or for 
other appropriate reasons. 10 CFR 431.401(k)(2).
    As set forth previously, the test procedure specified in this 
Decision and Order is not the same as the test procedure offered by 
Vinotheque. If Vinotheque believes that the alternate test method it 
suggested provides representative results and is less burdensome than 
the test method required by this Decision and Order, Vinotheque may 
submit a request for modification under 10 CFR 431.401(k)(2) that 
addresses the concerns that DOE has specified with that procedure. 
Vinotheque may also submit another less burdensome alternative test 
procedure not expressly considered in this notification under the same 
provision.

[[Page 26507]]

III. Order

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

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

    Matched-Pair:

------------------------------------------------------------------------
               Basic model                          Brand name
------------------------------------------------------------------------
Platinum Mini...........................  WhisperKOOL
Platinum 4000...........................  WhisperKOOL
Platinum 8000...........................  WhisperKOOL
Platinum Twin...........................  WhisperKOOL
Platinum 4000 Fully Ducted..............  WhisperKOOL
Platinum 8000 Fully Ducted..............  WhisperKOOL
Platinum Twin Fully Ducted..............  WhisperKOOL
Platinum 4000 Ducted....................  WhisperKOOL
Platinum 8000 Ducted....................  WhisperKOOL
Platinum Twin Ducted....................  WhisperKOOL
Ceiling Mount Mini......................  WhisperKOOL
Ceiling Mount 4000......................  WhisperKOOL
Ceiling Mount 8000......................  WhisperKOOL
Ceiling Mount Twin......................  WhisperKOOL
Quantum 9000............................  WhisperKOOL
Quantum 12000...........................  WhisperKOOL
Magnum 9000.............................  CellarCool
Magnum 12000............................  CellarCool
CM2500-S................................  CellarCool
CM3500-S................................  CellarCool
CM5000-S................................  CellarCool
CM9000 Twin Split.......................  CellarCool
WM2500-S................................  CellarCool
WM3500-S................................  CellarCool
WM5000-S................................  CellarCool
WM9000 Twin-S...........................  CellarCool
FD3500-S................................  CellarCool
FD5000-S................................  CellarCool
FD9000 Twin-S...........................  CellarCool
------------------------------------------------------------------------

    (2) The alternate test procedure for the Vinotheque basic models 
listed in paragraph (1) of this Order is the test procedure for Walk-in 
Cooler Refrigeration Systems prescribed by DOE at 10 CFR part 431, 
subpart R, appendix C, (``Appendix C to Subpart R'') with the 
modifications provided below. All other requirements of Appendix C and 
DOE's other relevant regulations remain applicable.
    In Appendix C to Subpart R, revise section 3.1.1 (which specifies 
modifications to AHRI 1250-2009 (incorporated by reference; see Sec.  
431.303)) to read:
    3.1.1. In Table 1, Instrumentation Accuracy, refrigerant 
temperature measurements shall have an accuracy of 0.5 
[deg]F for unit cooler in/out. Measurements used to determine 
temperature or water vapor content of the air (i.e. wet bulb or dew 
point) shall be accurate to within 0.25 [deg]F; all other 
temperature measurements shall be accurate to within 1.0 
[deg]F.
    In Appendix C to Subpart R, revise section 3.1.4 (which specifies 
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,1 %    bulb, [deg]F   entering  wet-
                                         [deg]F                                       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.
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Notes:
\1\ The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative
  humidity is 3%.
\2\ Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the
  evaporator fan.
\3\ Maximum allowable value for Single-Packaged Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is
  located in the outdoor room.


[[Page 26508]]


                Table 4--Fixed Capacity Matched Refrigerator System and Single-Packaged Dedicated System, Condensing Unit Located Outdoor
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Maximum
                                        Unit cooler    Unit cooler    Condenser    condenser
                                             air      air entering       air          air
           Test description               entering      relative       entering     entering          Compressor  status             Test objective
                                         dry-bulb,    humidity,1  %   dry-bulb,    wet-bulb,
                                           [deg]F                       [deg]F       [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

    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/

[[Page 26509]]

+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:
[GRAPHIC] [TIFF OMITTED] TN14MY21.002

Where:

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

    (3) Representations. Vinotheque may not make representations about 
the efficiency of a basic model listed in paragraph (1) of this Order 
for compliance, marketing, or other purposes unless the basic model has 
been tested in accordance with the provisions set forth above and such 
representations fairly disclose the results of such testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 431.401.
    (5) This Order is issued on the condition that the statements, 
representations, and information provided by Vinotheque are valid. If 
Vinotheque makes any modifications to the controls or configurations of 
a basic model subject to this Order, such modifications will render the 
waiver invalid with respect to that basic model, and Vinotheque will 
either be required to use the current Federal test method or submit a 
new application for a test procedure waiver. DOE may rescind or modify 
this waiver at any time if it determines the factual basis underlying 
the petition for 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, Vinotheque 
may request that DOE rescind or modify the waiver if Vinotheque 
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).

[[Page 26510]]

    (6) Vinotheque 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. Vinotheque may submit a new 
or amended petition for waiver and request for grant of interim waiver, 
as appropriate, for additional basic models of Walk-in Cooler 
Refrigeration Systems. Alternatively, if appropriate, Vinotheque may 
request that DOE extend the scope of a waiver or an interim waiver to 
include additional basic models employing the same technology as the 
basic model(s) set forth in the original petition consistent with 10 
CFR 431.401(g).

Signing Authority

    This document of the Department of Energy was signed on May 10, 
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 11, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-10244 Filed 5-13-21; 8:45 am]
BILLING CODE 6450-01-P