[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21109-21111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07665]



[[Page 21109]]

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DEPARTMENT OF ENERGY

[Case Number 2022-002, EERE-2017-BT-WAV-0027]


Energy Conservation Program: Extension of Interim Waiver to AHT 
Cooling Systems GmbH and AHT Cooling Systems USA Inc. From the 
Department of Energy Commercial Refrigerator, Freezer, and 
Refrigerator-Freezer Test Procedure

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

ACTION: Notification of extension of interim waiver.

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SUMMARY: The U.S. Department of Energy (``DOE'') is granting an interim 
waiver extension (Case No. 2022-002) to AHT Cooling Systems GmbH and 
AHT Cooling Systems USA Inc. (``AHT'') from specified portions of the 
DOE Commercial Refrigerators, Freezers, and Refrigerator-Freezers 
(collectively ``commercial refrigeration equipment'' or ``CRE'') test 
procedure for determining the energy consumption of the specified AHT 
CRE basic models. Under this extension, AHT is required to test and 
rate the specified basic models in accordance with the alternate test 
procedure specified in the interim waiver.

DATES: The Extension of Interim Waiver is effective on April 11, 2022.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, 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. Pete Cochran, 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) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 431.401(g)), DOE gives notice of the 
issuance of an Extension of Interim Waiver as set forth below. The 
Extension of Interim Waiver extends the Interim Waiver granted to AHT 
on May 26, 2017 (82 FR 24330, ``May 2017 Interim Waiver'') to include 
the AHT basic models specified in this interim waiver extension, as 
requested by AHT on January 20, 2022.\1\ AHT must test and rate the 
specifically identified CRE basic models in accordance with the 
alternate test procedure specified in the May 2017 Interim Waiver. 
AHT's representations concerning the energy consumption of the 
specified basic models must be based on testing according to the 
provisions and restrictions in the alternate test procedure set forth 
in the May 2017 Interim Waiver, and the representations must fairly 
disclose the test results. Distributors, retailers, and private 
labelers are held to the same requirements when making representations 
regarding the energy consumption of this equipment. (42 U.S.C. 6314(d))
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    \1\ AHT's request is available at https://www.regulations.gov/document/EERE-2017-BT-WAV-0027-0017. The specified basic models are: 
IBIZA 145 (U) NAM1-IC, IBIZA 210 (U) NAM1-IC, MALTA 185 (U) NAM1-IC, 
MANHATTAN XL 210 (U) NAM1-IC, MIAMI 210 (U) NAM1-IC, MIAMI 250 (U) 
NAM1-IC, MIAMI XL EC 185 (U) NAM1-IC, PARIS 210 (U) NAM1-IC, PARIS 
EC 185 (U) NAM1-IC, SYDNEY EC 223 (U) NAM1-IC, SYDNEY XL 210 (U) 
NAM1-IC, IBIZA 145 (U) NAM1-R, IBIZA 210 (U) NAM1-R, MALTA 185 (U) 
NAM1-R, MANHATTAN XL 210 (U) NAM1-R, MIAMI 210 (U) NAM1-R, MIAMI 250 
(U) NAM1-R, MIAMI XL EC 185 (U) NAM1-R, PARIS 210 (U) NAM1-R, PARIS 
EC 185 (U) NAM1-R, SYDNEY EC 223 (U) NAM1-R, SYDNEY XL 210 (U) NAM1-
R.
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    DOE makes decisions on waiver extensions, including interim waiver 
extensions, for only those basic models specifically set out in the 
request, not future models that may be manufactured by the petitioner. 
AHT may submit a new or amended petition for waiver and request for 
grant of interim waiver, as appropriate, for additional basic models of 
CRE. Alternatively, if appropriate, AHT may request that DOE extend the 
scope of a waiver or interim waiver to include additional basic models 
employing the same technology as the basic models set forth in the 
original petition consistent with 10 CFR 431.401(g).

Case Number 2020-023

Extension of Interim Waiver

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes 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 efficiency for certain types of 
industrial equipment. This equipment includes Commercial Refrigerators, 
Freezers, and Refrigerator-Freezers (collectively ``commercial 
refrigeration equipment'' or ``CRE''), the focus of this document. (42 
U.S.C. 6311(1)(E))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Infrastructure Investment and Jobs Act, 
Public Law 117-58 (Nov. 15, 2021).
    \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), energy 
conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C. 
6314), labeling provisions (42 U.S.C. 6315), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316).
    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 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 CRE is contained in 10 CFR part 431, subpart C, appendix 
B--Amended Uniform Test Method for the Measurement of Energy 
Consumption of Commercial Refrigerators, Freezers, and Refrigerator-
Freezers (``Appendix B'').
    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 or water consumption 
characteristics as to provide materially

[[Page 21110]]

inaccurate comparative data. 10 CFR 431.401(f)(2). DOE may grant the 
waiver subject to conditions, including adherence to alternate test 
procedures. Id.
    A petitioner 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. 10 
CFR 431.401(g). DOE will publish any such extension in the Federal 
Register. Id.

II. Request for an Extension of Interim Waiver: Assertions and 
Determinations

    On May 26, 2017, DOE issued an Interim Waiver in Case Number CR-006 
granting AHT an interim waiver to test its AHT basic models specified 
in that interim waiver using an alternate test procedure. 82 FR 24330 
(``May 2017 Interim Waiver'').\3\ AHT stated that their basic models 
defrost less frequently than once every 24 hours. The DOE test 
procedure, by reference to ANSI/ASHRAE Standard 72-2005, ``Method of 
Testing Commercial Refrigerators and Freezers'' (``ASHRAE 72-2005''), 
requires beginning the test period at the start of a defrost cycle and 
recording data for 24 hours. AHT stated that the DOE test procedure 
would overstate the energy usage from the defrosting function. 82 FR 
24330, 24335.
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    \3\ In the May 2017 Interim Waiver DOE declined to grant AHT an 
interim waiver as it pertained to AHT's petition regarding multi-
mode operation. 82 FR 24330, 24332. That denial is not relevant to 
AHT's request for an extension or this Order extending the interim 
waiver granted in the May 2017 Interim Waiver.
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    Based on its review, including the information provided by AHT, DOE 
initially determined that the current test procedure at Appendix B 
would evaluate the CRE basic models specified in the May 2017 Interim 
Waiver in a manner so unrepresentative of their true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
Id. at 82 FR 24332-24333. The May 2017 Interim Waiver specifies that 
AHT must test and rate the subject basic models such that the energy 
consumption be determined using an equation that incorporates the 
energy consumption of two modified tests. The first modified test would 
be a 24-hour test without a defrost cycle starting in steady state 
conditions with eight hours of door openings. The second modified test 
would include a defrost cycle starting after steady state conditions 
are established and continuing until the defrost cycle recovery is 
complete. Id. at 82 FR 24333.
    On January 20, 2022, AHT submitted a request to extend the scope of 
the interim waiver, Case Number 2022-002, to the specified additional 
AHT basic models.\4\ AHT stated that these basic models have the same 
characteristics as the models covered by the existing interim waiver.
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    \4\ The specified basic models are: IBIZA 145 (U) NAM1-IC, IBIZA 
210 (U) NAM1-IC, MALTA 185 (U) NAM1-IC, MANHATTAN XL 210 (U) NAM1-
IC, MIAMI 210 (U) NAM1-IC, MIAMI 250 (U) NAM1-IC, MIAMI XL EC 185 
(U) NAM1-IC, PARIS 210 (U) NAM1-IC, PARIS EC 185 (U) NAM1-IC, SYDNEY 
EC 223 (U) NAM1-IC, SYDNEY XL 210 (U) NAM1-IC, IBIZA 145 (U) NAM1-R, 
IBIZA 210 (U) NAM1-R, MALTA 185 (U) NAM1-R, MANHATTAN XL 210 (U) 
NAM1-R, MIAMI 210 (U) NAM1-R, MIAMI 250 (U) NAM1-R, MIAMI XL EC 185 
(U) NAM1-R, PARIS 210 (U) NAM1-R, PARIS EC 185 (U) NAM1-R, SYDNEY EC 
223 (U) NAM1-R, SYDNEY XL 210 (U) NAM1-R.
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    DOE has reviewed AHT's interim waiver extension request and 
operating instructions for the subject basic models and determined that 
the CRE basic models identified in AHT's request incorporate the same 
design characteristics as those basic models covered under the interim 
waiver in Case Number CR-006 such that the test procedure evaluates 
these basic models in a manner that is unrepresentative of their actual 
energy use. For the same reasons set forth in the May 2017 Interim 
Waiver, DOE understands that the model lines identified in AHT's 
request are not capable of defrosting once every 24 hours as simulated 
by the DOE test procedure. See 82 FR 24330, 24332-24333. Accordingly, 
DOE is extending the interim waiver in Case Number CR-006 to the CRE 
basic models identified by AHT in its interim waiver extension request.

III. Order

    After careful consideration of all the material submitted by AHT in 
this matter, it is ordered that:
    (1) AHT must, as of the date of publication of this Extension of 
Interim Waiver in the Federal Register, test and rate the following AHT 
brand commercial refrigerator and commercial ice-cream freezer basic 
models with the alternate test procedure as set forth in paragraph (2):

------------------------------------------------------------------------
            Brand                             Basic model
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AHT.........................  IBIZA 145 (U) NAM1-IC.
AHT.........................  IBIZA 210 (U) NAM1-IC.
AHT.........................  MALTA 185 (U) NAM1-IC.
AHT.........................  MANHATTAN XL 210 (U) NAM1-IC.
AHT.........................  MIAMI 210 (U) NAM1-IC.
AHT.........................  MIAMI 250 (U) NAM1-IC.
AHT.........................  MIAMI XL EC 185 (U) NAM1-IC.
AHT.........................  PARIS 210 (U) NAM1-IC.
AHT.........................  PARIS EC 185 (U) NAM1-IC.
AHT.........................  SYDNEY EC 223 (U) NAM1-IC.
AHT.........................  SYDNEY XL 210 (U) NAM1-IC.
AHT.........................  IBIZA 145 (U) NAM1-R.
AHT.........................  IBIZA 210 (U) NAM1-R.
AHT.........................  MALTA 185 (U) NAM1-R.
AHT.........................  MANHATTAN XL 210 (U) NAM1-R.
AHT.........................  MIAMI 210 (U) NAM1-R.
AHT.........................  MIAMI 250 (U) NAM1-R.
AHT.........................  MIAMI XL EC 185 (U) NAM1-R.
AHT.........................  PARIS 210 (U) NAM1-R.
AHT.........................  PARIS EC 185 (U) NAM1-R.
AHT.........................  SYDNEY EC 223 (U) NAM1-R.
AHT.........................  SYDNEY XL 210 (U) NAM1-R.
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    (2) The alternate test procedure for the AHT basic models 
referenced in paragraph (1) of this Order is the test procedure for CRE 
prescribed by DOE at 10 CFR part 431, subpart C, appendix B, except the 
test period shall be selected as follows:
    The first part of the test shall be a 24-hour test starting in 
steady-state conditions and including eight hours of door opening 
(according to ASHRAE Standard 72). The energy consumed in this test, 
ET1, shall be recorded.
    The second part of the test shall be a defrost cycle, including any 
operation associated with a defrost. The start and end points of the 
defrost cycle test period shall be determined according to the 
instructions for consumer refrigerators and refrigerator-freezers 
outlined in 10 CFR part 430, subpart B, appendix A, section 4.2.1.1 
(for cycling compressor systems) or section 4.2.1.2 (for non-cycling 
compressor systems). The energy consumed in this test, ET2, and 
duration, tDI, shall be recorded.
    Based on the measured energy consumption in these two tests, the 
daily energy consumption (DEC) in kWh shall be calculated as:

[[Page 21111]]

[GRAPHIC] [TIFF OMITTED] TN11AP22.026

Where:

DEC = daily energy consumption, kWh;
ET1 = energy consumed during the first part of the test, in kWh;
ET2 = energy consumed during the second part of the test, in kWh;
tNDI = normalized length of defrosting time per day, in minutes;
tDI = length of time of defrosting test period, in minutes;
3.5 = time between defrost occurrences, in days; and
1440 = conversion factor, minutes per day.

    (3) Representations. AHT may not make representations about the 
energy use of a basic model listed in paragraph (1) of this Order for 
compliance, marketing, or other purposes unless that basic model has 
been tested in accordance with the provisions of paragraph (2) of this 
Order and such representations fairly disclose the results of such 
testing.
    (4) This Extension of Interim Waiver shall remain in effect 
according to the provisions of 10 CFR 431.401.
    (5) This Extension of Interim Waiver is issued on the condition 
that the statements, representations, and documentation provided by AHT 
are valid. If AHT makes any modifications to the defrost controls of 
these basic models, the interim waiver will no longer be valid and AHT 
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 Extension of Interim Waiver (and/or the underlying Order 
issued in Case Number CR-006) at any time if it determines the factual 
basis underlying the petition for extension of interim waiver (and/or 
the underlying Order issued in Case Number CR-006) 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, AHT may request that DOE rescind or modify the 
Extension of Interim Waiver (and/or the underlying Order issued in Case 
Number CR-006) if AHT 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) AHT remains obligated to fulfill all applicable requirements 
set forth at 10 CFR part 429.

Signing Authority

    This document of the Department of Energy was signed on April 5, 
2022, by Kelly J. Speakes-Backman, Principal Deputy 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 6, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-07665 Filed 4-8-22; 8:45 am]
BILLING CODE 6450-01-P