[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21111-21113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07668]


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DEPARTMENT OF ENERGY

[Case Number 2022-001, EERE-2017-BT-WAV-0041]


Energy Conservation Program: Extension of 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: Notice of decision and order: Extension of waiver.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case No. 2022-001) that grants AHT Cooling Systems 
GmbH and AHT Cooling Systems USA Inc. (``AHT'') a waiver extension 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. AHT is required to 
test and rate the specified basic models in accordance with the 
alternate test procedure specified in this Decision and Order.

DATES: The Decision and Order is effective on April 11, 2022. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for CRE located in 10 CFR part 
431, subpart C, appendix B that addresses the issues presented in this 
waiver. At such time, AHT must use the relevant test procedure for the 
specified basic models of CRE for any testing to demonstrate compliance 
with standards, and any other representations of energy use.

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 
Decision and Order as set forth below. The Decision and Order extends 
the waiver that was granted to AHT on October 30, 2018 (83 FR 54581, 
``October 2018 Decision and Order'') to include the AHT basic models 
specified in this waiver, as requested by AHT on January 20, 2022.\1\ 
AHT must test and

[[Page 21112]]

rate the specifically identified CRE basic models in accordance with 
the alternate test procedure specified in the Decision and Order. 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 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 
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/docket?D=EERE-2017-BT-WAV-0041. The specified basic models are: 
IBIZA 145 (U) NAM1-F, IBIZA 210 (U) NAM1-F, MALTA 185 (U) NAM1-F, 
MANHATTAN XL 210 (U) NAM1-F, MIAMI 210 (U) NAM1-F, MIAMI 250 (U) 
NAM1-F, MIAMI XL EC 185 (U) NAM1-F, PARIS 210 (U) NAM1-F, PARIS EC 
185 (U) NAM1-F, SYDNEY EC 223 (U) NAM1-F, SYDNEY XL 210 (U) NAM1-F.
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    DOE makes decisions on 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 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 2020-025

Extension of 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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    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 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 Waiver: Assertions and Determinations

    On October 30, 2018, DOE issued a Decision and Order in Case Number 
2017-007 granting AHT a waiver to test its AHT basic models specified 
in that Order using an alternate test procedure. 83 FR 54581 (``October 
2018 Decision and Order''). AHT stated that the basic models listed in 
the petition do not have a defrost cycle when operated in freezer mode, 
and therefore cannot be tested under Appendix B, which references 
defrosts for the start of the test period and door-opening period.
    Based on its review, including the information provided by AHT, DOE 
determined that the CRE basic models specified in the October 2018 
Decision and Order contain a design characteristic that prevents 
testing the basic models according to the prescribed test procedure at 
Appendix B. 83 FR 54581, 54582. The October 2018 Decision and Order 
specifies that AHT must test and rate the subject basic models 
according to Appendix B, but with the test period starting after the 
unit achieves steady state conditions and the door-opening period 
starting 3 hours after the start of the test period. Id at 83 FR 54583.
    On January 20, 2022, AHT submitted a request to extend the scope of 
the waiver, Case Number 2022-001, to specified additional AHT basic 
models.\3\ AHT stated that these basic models have the same 
characteristics as the models covered by the existing waiver.
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    \3\ The specified basic models are: IBIZA 145 (U) NAM1-F, IBIZA 
210 (U) NAM1-F, MALTA 185 (U) NAM1-F, MANHATTAN XL 210 (U) NAM1-F, 
MIAMI 210 (U) NAM1-F, MIAMI 250 (U) NAM1-F, MIAMI XL EC 185 (U) 
NAM1-F, PARIS 210 (U) NAM1-F, PARIS EC 185 (U) NAM1-F, SYDNEY EC 223 
(U) NAM1-F, SYDNEY XL 210 (U) NAM1-F.
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    DOE has reviewed AHT's 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 waiver in Case 
Number 2017-007 (i.e., lack of defrost cycle when operated in freezer 
mode), which prevents testing the basic models according to the 
prescribed test procedure at Appendix B. DOE also determined that the 
alternate procedure specified in Case Number 2017-007 will allow for 
the accurate measurement of the energy use of the CRE basic models 
identified by AHT in its waiver extension request, while alleviating 
the testing problems associated with AHT's implementation of DOE's 
applicable commercial refrigeration equipment test procedure for the 
specified basic models.

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 
Waiver in the Federal Register, test and rate the following AHT brand 
commercial freezer basic models (which do not have defrost cycle 
capability when operated in freezer mode) with the alternate test 
procedure as set forth in paragraph (2):

------------------------------------------------------------------------
             Brand                             Basic model
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AHT............................  IBIZA 145 (U) NAM1-F.
AHT............................  IBIZA 210 (U) NAM1-F.
AHT............................  MALTA 185 (U) NAM1-F.
AHT............................  MANHATTAN XL 210 (U) NAM1-F.
AHT............................  MIAMI 210 (U) NAM1-F.
AHT............................  MIAMI 250 (U) NAM1-F.
AHT............................  MIAMI XL EC 185 (U) NAM1-F.
AHT............................  PARIS 210 (U) NAM1-F.

[[Page 21113]]

 
AHT............................  PARIS EC 185 (U) NAM1-F.
AHT............................  SYDNEY EC 223 (U) NAM1-F.
AHT............................  SYDNEY XL 210 (U) NAM1-F.
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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 
that the test period shall be selected as detailed below. All other 
requirements of Appendix B and DOE's regulations remain applicable.
    The test shall begin when steady state conditions occur (per ASHRAE 
Standard 72-2005, Section 3, definitions, which defines steady state as 
``the condition where the average temperature of all test simulators 
changes less than 0.2 [deg]C (0.4 [deg]F) from one 24-hour period or 
refrigeration cycle to the next''). Additionally, the door-opening 
requirements shall be as defined in ASHRAE 72-2005 Section 7.2, with 
the exception that the eight-hour period of door openings shall begin 
three hours after the start of the test. Ambient temperature, test 
simulator temperatures, and all other data shall be recorded at three-
minute intervals beginning at the start of the test and throughout the 
24-hour testing period.
    (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 Waiver shall remain in effect according to 
the provisions of 10 CFR 431.401.
    (5) This Extension of Waiver is issued on the condition that the 
statements, representations, and documentation provided by AHT are 
valid. If AHT makes any modifications to the controls or capabilities 
(e.g., adding automatic defrost to freezer mode) of these basic models, 
the 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 
Waiver (and/or the underlying Order issued in Case Number 2017-007) at 
any time if it determines the factual basis underlying the petition for 
extension of waiver (and/or the underlying Order issued in Case Number 
2017-007) 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 Waiver (and/or the 
underlying Order issued in Case Number 2017-007) if AHT 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) 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. 2022-07668 Filed 4-8-22; 8:45 am]
BILLING CODE 6450-01-P