Notice of Petition for Waiver of ITW Food Equipment Group, LLC From the Department of Energy Commercial Refrigeration Equipment Test Procedures and Grant of Interim Waiver, 33081-33099 [2017-15130]

Download as PDF Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices Dated: July 14, 2017. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management. [FR Doc. 2017–15133 Filed 7–18–17; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CR–007] Notice of Petition for Waiver of ITW Food Equipment Group, LLC From the Department of Energy Commercial Refrigeration Equipment Test Procedures and Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and grant of interim waiver, and request for public comment. AGENCY: This notice announces receipt of and publishes a petition for waiver from ITW Food Equipment Group, LLC (ITW) seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of commercial refrigeration equipment under the regulations for basic models of their Innopod temperature controlled grocery and general merchandise system (Innopod). ITW requests modifications, as specified in its petition for waiver, to the existing DOE test procedure, which references Air-Conditioning, and Refrigeration Institute (ARI) Standard 1200–2006 and Air-Conditioning, Heating, and Refrigeration Institute (AHRI) Standard 1200 (I–P)–2010 that further references American National Standards Institute/American Society of Heating, Refrigerating and AirConditioning Engineers (ANSI/ ASHRAE) Standard 72. ITW submitted to DOE an alternate test procedure that allows for testing of specified Innopod basic models. This notice also announces that DOE has granted ITW an interim waiver from the DOE commercial refrigeration equipment test procedures for the specified commercial refrigeration equipment basic models, subject to use of the alternative test procedure as set forth in this notice. DOE solicits comments, data, and information concerning ITW’s petition and its suggested alternate test procedure. asabaliauskas on DSKBBXCHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 DOE will accept comments, data, and information with regard to the ITW petition until August 18, 2017. ADDRESSES: You may submit comments, identified by Case No. CR–007, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Email: AS_Waiver_Requests@ ee.doe.gov. Include the case number [Case No. CR–007] in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption. • Postal Mail: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Case No. CR–007, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–0371. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. • Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW., 6th Floor, Washington, DC, 20024. Telephone: (202) 586–6636. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at http://www.regulations.gov. All documents in the docket are listed in the http://www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. DATES: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW., Washington, DC 20585– 0121. Telephone: (202) 586–0371. Email: AS_Waiver_Requests@ ee.doe.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Background and Authority Title III, Part C 1 of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 (42 U.S.C. 6311– 6316, as codified) established the Energy Conservation Program for Certain Industrial Equipment, which 1 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated as Part A–1. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 33081 includes commercial refrigeration equipment.2 Part C includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part C authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results that measure energy efficiency, energy use, or estimated operating costs during a representative average-use cycle, and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) The test procedure for commercial refrigeration equipment is contained in Title 10 of the CFR part 431, subpart C, appendix B, ‘‘Amended Uniform Test Method for the Measurement of Energy Consumption of Commercial Refrigerators, Freezers, and Refrigerator-Freezers.’’ DOE’s regulations set forth at 10 CFR 431.401 contain provisions that allow a person to seek a waiver from the test procedure requirements for a particular basic model of a type of covered equipment when the petitioner’s basic model for which the petition for waiver was submitted contains one or more design characteristics that either (1) prevent testing according to the prescribed test procedures; or (2) cause the prescribed test procedures to evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. 10 CFR 431.401(a)(1). A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 431.401(b)(1)(iii). DOE may grant a waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 431.401(f)(2). 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. As soon thereafter as practicable, DOE will publish in the Federal Register a final rule. 10 CFR 431.401(l). The waiver process also allows DOE to grant an interim waiver if it appears likely that the petition for waiver will be granted and/or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition 2 All references to EPCA in this document refer to the statute as amended through the Energy Efficiency Improvement Act of 2015 (EEIA), Public Law 114–11 (April 30, 2015). E:\FR\FM\19JYN1.SGM 19JYN1 33082 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES for waiver. 10 CFR 431.401(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 431.401(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR 431.401(h)(2). II. ITW’s Petition for Waiver of Test Procedure and Application for Interim Waiver On December 20, 2016, ITW submitted a petition for waiver and interim waiver pursuant to 10 CFR 431.401 pertaining to DOE’s test procedure at 10 CFR part 431, subpart C, appendix B, for their Innopod temperature controlled grocery and general merchandise system (Innopod) basic models of commercial refrigeration equipment. ITW’s initial petition included twenty-two base model configurations. On May 3, 2017, ITW provided DOE with the complete list of 200 basic models covered by the twenty-two base model configurations. ITW petitioned for a waiver and interim waiver from various DOE test procedure requirements. DOE’s current test procedure references Air-Conditioning, and Refrigeration Institute (ARI) Standard 1200–2006 and Air-Conditioning, Heating, and Refrigeration Institute (AHRI) Standard 1200 (I–P)–2010, which further references American National Standards Institute/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ANSI/ ASHRAE) Standard 72 (incorporated by reference at 10 CFR 431.63 (c) and (d)). ITW asserts that these current test procedures do not account for the unique operating characteristics of the Innopod basic models. Because the specific design of this product line contains one or more design characteristics noted in the waiver request, including floating suction temperatures for individual compartments, different typical dooropening cycles, and a high-temperature ‘‘ambient’’ compartment, ITW believes that its petition and combined application meets both conditions of 10 CFR 431.401(a)(1) for granting waivers, on the grounds that: (1) The petitioner’s basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures; and (2) The prescribed test VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. ITW submitted to DOE an alternate test procedure that allows for testing of its Innopod basic models. ITW’s Innopod basic models include multiple thermally separated, temperature controlled compartments supplied with refrigerant from a single condensing unit. ITW’s petition proposes an alternate test using an ‘‘inverse refrigeration load’’ test, various calculations to account for refrigeration system and component energy consumption, and adjustments to the door opening requirements based on typical use in the field. ITW’s proposed refrigeration system calculations rely on the current calculations and assumptions used for testing remote condensing commercial refrigeration equipment in accordance with the DOE test procedure. As previously noted, an interim waiver may be granted if it appears likely that the petition for waiver will be granted, and/or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. See 10 CFR 431.401(e)(2). DOE understands that absent an interim waiver, the basic models identified by ITW 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 alternate procedure suggested by ITW and concludes that it will allow for the accurate measurement of the energy use of these equipment, while alleviating the testing problems associated with ITW’s implementation of DOE’s applicable commercial refrigeration equipment test procedure for the specified Innopod models. However, DOE has clarified how ITW should determine basic models, as discussed in section III of this notice, and adjusted certain aspects of the requested alternate test procedure regarding ambient test conditions, referenced industry standards, and calculations, as discussed in section IV of this notice. Thus, DOE has determined that ITW’s petition for waiver will likely be granted and has decided that it is desirable for public policy reasons to grant ITW immediate relief pending a determination on the petition for waiver. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 III. Petition for Waiver and Interim Waiver Basic Models ITW’s initial petition for waiver and interim waiver, submitted on December 20, 2016, included a list of twenty-two ‘‘base model configurations’’ of its Innopod equipment. However, based on the descriptions of the compartment configurations provided for each base model configuration, DOE expects that the list does not provide each basic model to which the waiver and interim waiver would apply. Specifically, DOE noted that many of the base model configurations include compartments that are convertible between the freezer and refrigerator temperature operating ranges. With respect to multi-mode operation, DOE has taken the position in the most recent commercial refrigeration equipment test procedure final rule that self-contained equipment or remote condensing equipment with thermostats capable of operating at temperatures that span multiple equipment categories must be certified and comply with DOE’s regulations for each applicable equipment category. 79 FR 22291 (April 21, 2014). Additionally, DOE notes that its current regulations allow for the use of alternative efficiency determination methods (AEDMs), which allow manufacturers to simulate the energy use of untested basic models once a manufacturer has a validated AEDM and could be used to simulate results at other rating temperatures. 10 CFR 429.70. Under DOE’s definition of a basic model as ‘‘equipment manufactured by one manufacturer within a single equipment class, having the same primary energy source, and that have essentially identical electrical, physical, and functional characteristics that affect energy consumption’’ (10 CFR 431.62), the base model configurations in ITW’s initial petition would represent multiple basic models depending on the set point of the convertible compartments. DOE requested that ITW provide an updated list of basic models, consistent with DOE’s definition of basic model, that would be covered by the petition for waiver and request for interim waiver. ITW provided DOE with the updated list of basic model numbers on May 3, 2017. ITW’s petition also describes compartments that are convertible between refrigerator and ambient temperature ranges. These compartments would only be considered refrigerator compartments under DOE’s definitions (compartments capable of operating at or above 32 °F E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices (±2°F)). Accordingly, these compartments would only be tested and rated at the refrigerator compartment standardized temperature (38 °F). asabaliauskas on DSKBBXCHB2PROD with NOTICES IV. Summary of Grant of Interim Waiver For the reasons stated in section II of this notice, DOE has granted ITW’s application for interim waiver from testing for its specified commercial refrigeration equipment basic models, with minor modifications to the proposed approach. The substance of the interim waiver is summarized below. ITW is required to test and rate the specified ITW commercial refrigeration equipment Innopod basic models 3 3 30–XX–X5–AAAAR, 30–XX–X5–AAARA, 30– XX–X5–AAARR, 30–XX–X5–AAAFA, 30–XX–X5– AAAFR, 30–XX–X5–AARAA, 30–XX–X5–AARAR, 30–XX–X5–AARRA, 30–XX–X5–AARRR, 30–XX– X5–AARFA, 30–XX–X5–AARFR, 30–XX–X5– AAFAA, 30–XX–X5–AAFAR, 30–XX–X5–AAFRA, 30–XX–X5–AAFRR, 30–XX–X5–AAFFA, 30–XX– X5–AAFFR, 30–XX–X5–ARAAA, 30–XX–X5– ARAAR, 30–XX–X5–ARARA, 30–XX–X5–ARARR, 30–XX–X5–ARAFA, 30–XX–X5–ARAFR, 30–XX– X5–ARRAA, 30–XX–X5–ARRAR, 30–XX–X5– ARRRA, 30–XX–X5–ARRRR, 30–XX–X5–ARRFA, 30–XX–X5–ARRFR, 30–XX–X5–ARFAA, 30–XX– X5–ARFAR, 30–XX–X5–ARFRA, 30–XX–X5– ARFRR, 30–XX–X5–ARFFA, 30–XX–X5–ARFFR, 30–XX–X5–AFAAA, 30–XX–X5–AFAAR, 30–XX– X5–AFARA, 30–XX–X5–AFARR, 30–XX–X5– AFAFA, 30–XX–X5–AFAFR, 30–XX–X5–AFRAA, 30–XX–X5–AFRAR, 30–XX–X5–AFRRA, 30–XX– X5–AFRRR, 30–XX–X5–AFRFA, 30–XX–X5– AFRFR, 30–XX–X5–AFFAA, 30–XX–X5–AFFAR, 30–XX–X5–AFFRA, 30–XX–X5–AFFRR, 30–XX– X5–RAAAA, 30–XX–X5–RAAAR, 30–XX–X5– RAARA, 30–XX–X5–RAARR, 30–XX–X5–RAAFA, 30–XX–X5–RAAFR, 30–XX–X5–RARAA, 30–XX– X5–RARAR, 30–XX–X5–RARRA, 30–XX–X5– RARRR, 30–XX–X5–RARFA, 30–XX–X5–RARFR, 30–XX–X5–RAFAA, 30–XX–X5–RAFAR, 30–XX– X5–RAFRA, 30–XX–X5–RAFRR, 30–XX–X5– RAFFA, 30–XX–X5–RAFFR, 30–XX–X5–RRAAA, 30–XX–X5–RRAAR, 30–XX–X5–RRARA, 30–XX– X5–RRARR, 30–XX–X5–RRAFA, 30–XX–X5– RRAFR, 30–XX–X5–RRRAA, 30–XX–X5–RRRAR, 30–XX–X5–RRRRA, 30–XX–X5–RRRFA, 30–XX– X5–RRFAA, 30–XX–X5–RRFAR, 30–XX–X5– RRFRA, 30–XX–X5–RRFFA, 30–XX–X5–RFAAA, 30–XX–X5–RFAAR, 30–XX–X5–RFARA, 30–XX– X5–RFARR, 30–XX–X5–RFAFA, 30–XX–X5– RFAFR, 30–XX–X5–RFRAA, 30–XX–X5–RFRAR, 30–XX–X5–RFRRA, 30–XX–X5–RFRFA, 30–XX– X5–RFFAA, 30–XX–X5–RFFAR, 30–XX–X5– RFFRA, 30–XX–X5–FAAAA, 30–XX–X5–FAAAR, 30–XX–X5–FAARA, 30–XX–X5–FAARR, 30–XX– X5–FAAFA, 30–XX–X5–FAAFR, 30–XX–X5– FARAA, 30–XX–X5–FARAR, 30–XX–X5–FARRA, 30–XX–X5–FARRR, 30–XX–X5–FARFA, 30–XX– X5–FARFR, 30–XX–X5–FAFAA, 30–XX–X5– FAFAR, 30–XX–X5–FAFRA, 30–XX–X5–FAFRR, 30–XX–X5–FRAAA, 30–XX–X5–FRAAR, 30–XX– X5–FRARA, 30–XX–X5–FRARR, 30–XX–X5– FRAFA, 30–XX–X5–FRAFR, 30–XX–X5–FRRAA, 30–XX–X5–FRRAR, 30–XX–X5–FRRRA, 30–XX– X5–FRRFA, 30–XX–X5–FRFAA, 30–XX–X5– FRFAR, 30–XX–X5–FRFRA, 30–XX–X5–FFAAA, 30–XX–X5–FFAAR, 30–XX–X5–FFARA, 30–XX– X5–FFARR, 30–XX–X5–FFRAA, 30–XX–X5– FFRAR, 30–XX–X5–FFRRA, 30–XX–X4A–AAAR, 30–XX–X4A–AARA, 30–XX–X4A–AARR, 30–XX– X4A–ARAA, 30–XX–X4A–ARAR, 30–XX–X4A– ARRA, 30–XX–X4A–ARRR, 30–XX–X4A–AFAA, 30–XX–X4A–AFAR, 30–XX–X4A–AFRA, 30–XX– VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 according to the alternate test procedure as set forth in section V, ‘‘Alternate Test Procedure.’’ DOE has revised ITW’s proposed test approach to reflect ambient test conditions that are consistent with those required in the DOE test procedure. DOE has determined that the ambient condition requirement would not prevent testing of the Innopod basic models. Additionally, DOE has revised ITW’s proposed alternate approach to reference the current version of the AHRI 1200 standard referenced in DOE’s existing test procedure. Further, DOE has clarified certain details of the necessary measurements and calculations in the granted interim waiver. In addition, DOE is requiring that ITW test compartments in all relevant equipment configurations, as required by the current test procedure. Any compartments that are convertible between the refrigerator and freezer operating temperature ranges must be tested and rated under both test settings; however, the compartments in the ITW equipment that are convertible between ambient and refrigerator temperature ranges must be tested only at the refrigerator standardized compartment temperature of 38 °F, as described in section III of this notice. ITW must make representations about the energy use of these basic models for compliance, marketing, or other purposes only to the extent that such equipment have been tested in accordance with the provisions set forth in the alternate test procedure and such representations fairly disclose the results of such testing in accordance with 10 CFR part 429, subpart B. 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 X4A–AFRR, 30–XX–X4A–RAAA, 30–XX–X4A– RAAR, 30–XX–X4A–RARA, 30–XX–X4A–RARR, 30–XX–X4A–RRAA, 30–XX–X4A–RRAR, 30–XX– X4A–RRRA, 30–XX–X4A–RFAA, 30–XX–X4A– RFAR, 30–XX–X4A–RFRA, 30–XX–X4A–FAAA, 30–XX–X4A–FAAR, 30–XX–X4A–FARA, 30–XX– X4A–FARR, 30–XX–X4A–FRAA, 30–XX–X4A– FRAR, 30–XX–X4A–FRRA, 30–XX–X4A–FFAA, 30–XX–X4A–FFAR, 30–XX–X4A–FFRA, 30–XX– X4B–AAAR, 30–XX–X4B–AARA, 30–XX–X4B– AARR, 30–XX–X4B–AAFA, 30–XX–X4B–AAFR, 30–XX–X4B–ARAA, 30–XX–X4B–ARAR, 30–XX– X4B–ARRA, 30–XX–X4B–ARRR, 30–XX–X4B– ARFA, 30–XX–X4B–ARFR, 30–XX–X4B–AFAA, 30–XX–X4B–AFAR, 30–XX–X4B–AFRA, 30–XX– X4B–AFRR, 30–XX–X4B–AFFA, 30–XX–X4B– AFFR, 30–XX–X4B–RAAA, 30–XX–X4B–RAAR, 30–XX–X4B–RARA, 30–XX–X4B–RARR, 30–XX– X4B–RAFA, 30–XX–X4B–RAFR, 30–XX–X4B– RRAA, 30–XX–X4B–RRAR, 30–XX–X4B–RRRA, 30–XX–X4B–RRFA, 30–XX–X4B–RFAA, 30–XX– X4B–RFAR, 30–XX–X4B–RFRA, 30–XX–X4B– RFFA, 30–XX–XX–3–AAR, 30–XX–XX–3–30–XX– XX–3–ARA, 30–XX–XX–3–ARR, 30–XX–XX–3– RAA, 30–XX–XX–3–RAR, and 30–XX–XX–3–RRA. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 33083 manufactured by the petitioner. ITW 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 models set forth in the original petition consistent with 10 CFR 431.401(g). In addition, DOE notes that granting of an interim waiver or waiver does not release a petitioner from the certification requirements set forth at 10 CFR part 429. See also 10 CFR 431.401(a) and (i). The interim waiver shall remain in effect consistent with 10 CFR 431.401(h). Furthermore, this interim waiver is conditioned upon the presumed validity of statements, representations, and documents provided by the petitioner. DOE may rescind or modify a waiver or interim waiver at any time upon a determination that the factual basis underlying the petition for waiver or interim waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic model’s true energy consumption characteristics. See 10 CFR 431.401(k). V. Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of equipment covered by the statute. (42 U.S.C. 6293(c); 6314(d)) Consistent representations about the energy efficiency of covered equipment are important for consumers evaluating equipment when making purchasing decisions and for manufacturers to demonstrate compliance with applicable DOE energy conservation standards. Pursuant to its regulations applicable to waivers and interim waivers from applicable test procedures at 10 CFR 431.401, and after considering public comments on the petition, DOE will announce its decision as to an alternate test procedure for ITW in a subsequent Decision and Order. During the period of the interim waiver granted in this notice, ITW shall test the basic models listed in section IV according to the test procedure for commercial refrigeration equipment prescribed by DOE at 10 CFR part 431, subpart C, appendix B, with some of the modifications to the existing DOE test requirements as specified in ITW’s petition. However, DOE is requiring that ITW test its Innopod basic models according to the ambient test conditions as outlined in AHRI Standard 1200 (I– P)–2010 section 4.1.2, which requires a wet-bulb test room temperature of 64.4 °F ± 1.8 °F, rather than the conditions E:\FR\FM\19JYN1.SGM 19JYN1 33084 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES requested in the petition for waiver, which instead specify a test room dew point. Additionally, DOE has revised ITW’s proposed alternate approach to reference the current version of the AHRI 1200 standard referenced in DOE’s existing test procedure, AHRI Standard 1200 (I–P)–2010. DOE has also clarified certain instructions, calculations, and measurements necessary to conduct the alternate test. Accordingly, DOE grants an interim waiver to ITW, but with modifications VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 to ITW’s requested approach. The applicable method of test for the specified ITW basic models is the test procedure for commercial refrigeration equipment prescribed by DOE at 10 CFR 431, subpart C, appendix B, with the following modifications: For the purpose of testing and rating, the Ambient (75 °F) compartment is treated as a Medium (Refrigerator at 75 °F) compartment. All volume and energy consumption calculations will be included within the Medium PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 (Refrigerator 38 °F) category and summed with other Medium (Refrigerator 38 °F) compartment calculation(s). Compartments that are convertible between ambient and refrigerator temperature ranges shall be tested at the refrigerator temperature (38 °F). Compartments that are convertible between refrigerator and freezer (0 °F) temperature ranges shall be tested at both temperatures. BILLING CODE 6450–01–P E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices Test Condition/s or Calculation/s Test Method Ambient Integrated Average Temperature (IAT) Simulated Product vs. Test Ambient Delta-T 33085 Alternate Innopod Test Procedure "Inverse Refrigeration Load" test Allows energy (Heat) loss at a rate and delta-T equivalent to energy gains of a standard refrigerated cabinet. Dry Bulb: 75.2 °F ±1.8 °F Wet Bulb: 64.4 °F±l.8 °F Refrigerator: (75.2 °F + 75.2 °F- 38 °F) ~ 112.4 °F ±2 °F Freezer: (75.2 °F + 75.2 °F- 0 °F) ~ 150.4 °F ±2 °F Ambient: (75.2 °F + 75.2 °F- 75 °F) ~ 75.4 °F ±2 °F *To ensure compartment temperature stability, the average of all temperature measurements at the end of the test period must be no lower than the average of all temperature measurements at the start of the test period. Outside Inside 112.4 °F 75.2 °F 150.4 °F 75.2 °F 75.04 °F 75.2 °F Refrigerator: Freezer: Ambient: Delta-T 37.2 °F 75.2 °F 0.4 op Heat- LOSS ~Heat- GAIN as prescribed in the test procedure Door openings shall start 3 hours after concluding stabilization period. Open each door for 8 seconds, every 2 hours, for 10 consecutive hours. (6 door cycles) (3 "load" and "unload" cycles) > Stock (load)+ Retrieve (un-load)~ Cycle (turn) Total energy added divided by the total test time. "Inverse Refrigeration Load" Door-Opening Requirement Calculation of Refrigeration Load Q ~Win (watt-hour) x 3.412 (BTU/watt-hour) t (Hr.) ~ (BTU/Hr.) Where: Win ~ energy input measured over test period for all energized components (heaters, controls, and fans) located in the refrigerated compartments. Anti-sweat heaters shall be de-energized for the test. t ~test duration (24 hours) Provides the "energy removed" by infiltration. Dew Point (D.P.): Derived from standard industry design practices, "as the customary saturated vapor temperature of the refrigerant as it leaves the cabinet through the suction line." The Energy Efficiency Ratio is then taken from this value using Table 1. Adjusted Dew Point & EER AHRI 1200-2010 Table 1, EER Calculated Daily Energy Consumption AHRI 1200-2010 EER A.D.P.: Med. Temp. ~(D.P.: +15 °F)-2 °F ~+13 °F A.D.P.: Low Temp.~ (D.P.: -20 °F)- 3 °F ~ -23 °F Part 1: REVISED, Calculation of CEC CEC ~ [(Q X t) + ML + (FEC + AEC +DEC) X EER~ EER ~ 3.412] I (1000 11.22 Btu/Wh 6.60 Btu/Wh X EER) >"Q" does NOT include waste heat from auxiliary components and moisture infiltration (must be added separately). Where: ML: Moisture load impacts (see below) FEC: Evaporator Fan/s [measured fan power x runtime per day] (Wh/day) AEC: Anti-Condensate Heater/s [measured heater power x runtime per day] (Wh/day) DEC: Defrost Heater/s [measured heater power x runtime per day] (Wh/day) Where N d ~ number of door openings during test Enthalpy Adjustment: A,~ [(H,- H,)- (H,- H,)] x m, Where: H, ~ ambient air enthalpy H, ~ compartment air enthalpy based on air conditions during cold operation: 0 °F dry bulb/-20 °F dew pt. for freezer compartment; 38 °F dry bulb/20 °F dew pt. for refrigerator compartment; 75 °F dry bulb/20 °F dew pt. for ambient compartment. H, ~ compartment air enthalpy during heat leak test based on dew point being equal to ambient air dew point VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.004</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES Moisture load impact calculations: Total impact: Number of door openings times (Enthalpy Adjustment + Moisture/frost Accumulation): ML ~ Nd x (A,+ Am) 33086 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices asabaliauskas on DSKBBXCHB2PROD with NOTICES VI. Summary and Request for Comments Through this notice, DOE announces receipt of ITW’s petition for waiver from the DOE test procedure for certain basic models of ITW commercial refrigeration equipment, and announces DOE’s decision to grant ITW an interim waiver from the test procedure for the specified basic models of commercial refrigeration equipment. DOE is publishing ITW’s petition for waiver in redacted form, pursuant to 10 CFR 431.401(b)(1)(iv). The petition contains confidential information. The petition includes a suggested alternate test procedure to determine the energy consumption of specific basic models of commercial refrigeration equipment. DOE may consider including this alternate procedure in a subsequent Decision and Order based on comments from interested parties. However, DOE has tentatively determined that the alternate procedure proposed by ITW is not entirely acceptable and has VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 provided a modified alternate test procedure as a part of its grant of an interim waiver. DOE will consider public comments on the petition in issuing its Decision and Order. DOE solicits comments from interested parties on all aspects of the petition, including the suggested alternate test procedure and calculation methodology. Pursuant to 10 CFR 431.401(d), any person submitting written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioner’s representative is Ms. Mary Dane, Agency Approval Engineer, ITW Food Equipment Group, LLC, North American Refrigeration, 4401 Blue Mound Rd., Fort Worth, TX 76106. All comment submissions must include the agency name and Case No. CR–007 for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format and avoid the use of special PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes). Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies to DOE: One copy of the document marked ‘‘confidential’’ with all of the information believed to be confidential included, and one copy of the document marked ‘‘non-confidential’’ with all of the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Issued in Washington, DC, on July 11, 2017. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. BILLING CODE 6450–01–P E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.005</GPH> BILLING CODE 6450–01–C Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices INNOPO TEMPERATU E C NTROLLED GRO ENERAL MER HANDISE SYS 33087 ERY AND EM DEPARTMENT OF ENERGY PETITION FOR WAIVER AND APPLICATION FOR INTERIM WAIVER 2016 Supplemented-May 3, 2017 May contain trade or commercial or financial information that privileged or confidential and exempt from public disclosure pursuant to 5 U.S.C. § 552(b) (4). ITW FOOD EQUIPMENT GROUP, LLC-NORTH AMERICAN REFRIGERATION Mound Road Fort Worth, TX 76106 VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.006</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES 4401 33088 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices INNOPOD TEMPERATURE CONTROLLED GROCERY AND GENERAL MERCHANDISE S STEM DEPARTMENT OF ENERGY PETITION FOR WAIV RAND APPLICATION FOR INTERIM WAIVER 20,2016 Supplemented-May 3, 2017 EXECUTIVE SUMMARY ITW, Food Equipment Group, LLC-North American RF!tnru>rJ:'Itll1n in Fort Worth, TX and has been manufacturing a diverse hot food holding for over 75 years. ro&:.rr.:>ti to as "Traulsen" is located and nrnrc... n< have seen a .,;,...,.,.a;,..~ ...t learned in the market, Traulsen in""""''""'"''"'' anti•:::ioate the needs of the U.S. grocery lessons allows customers' outdoor and remote pick-up and integrity of their while maintaining the aoo•lication of interim waiver ~~"'·";?""' ~"""'"'r"'l Merchandise""'"''r""'l'l Traulsen is filing this combined the lnnopod ,,..,,.,,.,.,.,u,;w; 1 Fol1llef1y known as Underwriter's Laboratories. VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.007</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES "lnnopod.n 33089 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices Trautsen oeJtev1as CFR431 1. oel:itioner,s basic model contains one or more and characteristics that to ,.,...,.,,.,.,h.c>A test evaluate the basic model in a manner so 2. •nr••nr••<!'"'"t,;,ltiu<> of its "'r"'' 11"*"' materially inaccurate comparative data. The application will the evaluation methodology in our test procedure request as well as explain how the in volume and maximum daily energy consumption "MOEC" values are by the unique design classification of a product uniquely designed in t h e calculated 2 10 CFR 43L401 (a} (1) VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.008</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES -category. 33090 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices DESCRIPTION OF UNIT SPECIFICATION AND DESIGN CHARACTERISTICS THAT PREVENT TESTING ACCORDING TO TEST PROCEDURES VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.009</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES Pot!!lllially lulzardous food includes animal food (a food of animal origin) 111at is rnw or !laaHrested; food of plant origin trnrt is heal"lteated or oonsl$ts ol rnw seed sp~.Jts; cut melons; and g!lf!ic and <>il m!xt!Jmll.lhat ara not addi:fied or otherwise mor:!lfled a food processing ~ant in a wav th!llresullllln !'flilllules tnat do oot support gmwth as ~lied 11bo>ie" ~ 33091 • See Annex B for state by state temperature range information, VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.010</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices 33092 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices functionality is similar to that is with a ftn,:m,,,.. VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.011</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES The desired suction temperature is based on or relative to the desired ,.,.,....,.,..,..,...n....... ,n+ te~mr:>er~ltur currently being cooled Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices 33093 SPECIFIC REQUIREMENTS SOUGHT TO BE WAIVED IN ORDER TO PROPERLV EVALUATE THE INNOPOD TO ASHRAE 72 ~2014, SECTION 7 rilrnoa>rtm>Anl is treated as a Medium (Refrigerator at the Medium (Refrigerator 38°F) category Eliminates the tube refrigecrntion system testing, cannot be used wll.h a "typk:ar remote refr!Seration !!effects a test oondition where the moisture rontent of the ambient air is held constant. Both are primary Ambient too lAT and ambient air lslleld ronstant lntrodrn::es a new «Lowest AppJ~table Product Temperature" nf 0'0•F7S°F for Clllllty operating temperature range of "Ambient". This range shall be treated as a refr!Serator for ene>gy calculation purposes. 'IICS.RC.M Measulill«the compartment to maintain its desired temparature across an insulation barrier at a rorrstant delta-T ~ the "Refrigeration toad" by infiltration. The "lnllerse Refr~geratk:m toad" test d<:~es nnt allow fnr va~oor 1temitl$1'atUire: the dired; measurement nf the saturated wdioo therefora the Dew industry Point wlue must be taken practices at the appficable compartment operating Tablet, EER Calculated Dally >"Q" intludi!s waste heat from: * Evaporator Fan/s AHRI12012l:l13 * Antt.Coru:fensate H~ater/s • Defrost HeaterIs Part 2: Qtl9J!i!!lsuu~t~ VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.012</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES COEC = CEC + FEe + AEC + DEC VerDate Sep<11>2014 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.013</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES 33094 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices ... 33095 Calculation Methodology VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4725 -~----- E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.014</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES (lbs) 33096 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices BASIC MODEL NUMBERS WHICH THE WAIVERS ARE BEING REQUESTED FOR: The test omc:Adu tt"'!ltl""rtru:vi Annex A for model in waiver shall be used on following oo~~IDie modei IM"'' •auv• information. 4 (X)- VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.015</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES 5 (x)- Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices 33097 LIST OF MANUFACTURERS OF ALL OTHER BASIC MODELS MARKETED IN THE UNITED STATES AND KNOWN TO THE PETITIONER TO INCORPORATE SIMILAR DESIGN CHARACTERISTIC(S) Traulsen has reviewed the CCMS database as of 12/20/2016 to review all known listed products and found that there are no listed models covered by the DOE requirements that have design characteristics similar to that on which our relief petition is based. Traulsen has also done a number of web searches - - - w h i c h has not shown any ~owever, there are several "refrigerated"-- that we found available and installed in markets outside of the United States. This type of p~rrently energy regulated in those countries, nor is it subject to the strenuous NSF standards for food safety, allowing them to be designed without energy usage constraints. Therefore. Traulsen does not believe that there are other known manufacturers in which to provide concurrent notice of this Petition for Waiver and Application for Interim Wavier. -- ···~~~--~~--~~--- SUCCESS OF THE PETITION/ APPLICATION FOR THE WAIVER WILL: this product represents an locations that are convenient and grocery way and monitor the cold food chain of the assure greater product safety due to the ability of the store to control customer's grocery order. onno'\\/<:lti\/Q Allowing Traulsen to perform testing using the proposed alternate method will allow us to report valid energy usages more representative of the product's design and prove compliance with applicable DOE 2017 Energy Conservation standards. In addition. the waiver will provide the opportunity forth~ in real time uses and assess it for future i n n o v a t i o n s - - - - n<:>r-tnrom<:lo,.,t"Q of the WHAT ECONOMIC HARDSHIPS AND/ OR COMPETITIVE DISADVATAGE IS LIKELY TO RESULT ABSENT A FAVORABLE DETERMINATION OF THE PETITION/ APPLICATION OF WAIVER Because the innovative, custom design nature ofthis product has had long lead times and has made a significant •n\to:.ctrv-.or U.S. market, including the necessary Absence of the waivers will mean that company to substantial economic VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4725 E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.016</GPH> asabaliauskas on DSKBBXCHB2PROD with NOTICES A denial of this petition will not only affect Traulsen but an entire chain of suppliers, customers and end-users with an economic stake in the research attached to lnnopod's introduction. 33098 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices CONCLUSION It is clear that the law requires covered commercial refrigeration products to be tested and certified using the test procedure set forth at 10 C.F.R. Pt 431, Subpt. C, Sec. 431.64- or be sybject to a wajyer- before they are sold into commerce. DOE's current test procedure references ARI Standard 1200-2006 and AHRI Standard 1200 (1-P)2010 which further references ANSI/ASHRAE Standard 72. However, these current test procedures simply do not contemplate the unique operating characteristics of the lnnopod - a s described herein. Because the specific design of this product contains one or more design characteristics noted in the waiver, Traulsen believes that this petition and its combined application meets both conditions of 10 CFR 431.401(a} (1) for granting waivers, on the grounds that: 1. 2. The petitioner's basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures; and The prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data; Therefore, Traulsen respectfully requests that the Department grant both the above Petition for Waiver and the Application of Interim Waiver, allowing Traulsen to move forward with the limited introduction into the U.S. market. If we can provide further information, or if it would be helpful to discuss any of these matters further, please contact us at your earliest convenience. Thank you in advance for your consideration and prompt response. Sincerely, asabaliauskas on DSKBBXCHB2PROD with NOTICES VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4725 Joe Sanders Principal Engineer ITW Food Equipment Group, LLCNA Refrigeration 4401 Blue Mound Rd. Fort Worth, TX 76106 (800) 825-8220 Ext. 6537 jsanders@traulsen. com E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.017</GPH> Mary Dane Agency Approval Engineer ITW Food Equipment Group, LLCNA Refrigeration 4401 Blue Mound Rd. Fort Worth, TX 76106 (817) 378-2177 mdane@traulsen.com Kevin Washington Government Affairs Illinois Tool Works Inc. 1725 I Street NW, Suite 300 Washington, DC 20006 Phone: (202)261-3550 kwashington@itw. com Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices BILLING CODE 6450–01–C DEPARTMENT OF ENERGY [Case No. RF–044] Notice of Petition for Waiver of New Shunxiang Electrical Appliance Co., Ltd., From the Department of Energy Refrigerator, Refrigerator-Freezer, Freezer Test Procedures Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and request for public comments. AGENCY: This notice announces receipt of and publishes a petition for waiver from New Shunxiang Electrical Appliance Co., Ltd. (‘‘New Shunxiang’’), seeking an exemption from specified portions of the U.S. Department of Energy (‘‘DOE’’) test procedure for determining the energy consumption of refrigerators and refrigerator-freezers under the regulations. New Shunxiang contends that the DOE test procedure does not clearly address its basic model JG50–2D1, which combines a compartment intended for storing wine (a cooler compartment) with a beverage cooler (a refrigerator compartment), and has petitioned for a waiver from appendix A. Although New Shunxiang did not propose an alternate test approach for its basic model, DOE has granted waivers for similar products. Therefore, DOE is considering whether to permit New Shunxiang to test and rate its basic model of combination cooler-refrigerator in a manner similar to that which DOE has permitted for other manufacturers with similar products. DOE also solicits comments, data, and information concerning New Shunxiang’s petition and on the alternate test procedure detailed in this document. asabaliauskas on DSKBBXCHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:49 Jul 18, 2017 Jkt 241001 You may submit comments, identified by Case Number RF–044, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Email: AS_Waiver_Requests@ ee.doe.gov Include the case number [Case No. RF–044] in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption. • Postal Mail: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Case No. RF–044, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–0371. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. • Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW., Room 6055, Washington, DC, 20024. Telephone: (202) 586–6636. Please submit one signed original paper copy. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW., Washington, DC 20585– ADDRESSES: Office of Energy Efficiency and Renewable Energy PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 0121. Telephone: (202) 586–0371. Email: AS_Waiver_Request@ee.doe.gov. 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: Michael.Kido@hq.doe.gov. SUPPLEMENTARY INFORMATION: I. Background and Authority Title III, Part B of the Energy Policy and Conservation Act of 1975 (‘‘EPCA’’) (42 U.S.C. 6291–6309) established the Energy Conservation Program for Consumer Products Other Than Automobiles, a program that includes consumer refrigerators and refrigeratorfreezers.1 Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B authorizes the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results measuring energy efficiency, energy use, or estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for consumer refrigerators and refrigerator-freezers is contained in 10 CFR part 430, subpart B, appendix A. The regulations set forth in 10 CFR 430.27 contain provisions that allow a person to seek a waiver from the test procedure requirements for a particular basic model of a type of covered product when the petitioner’s basic model for which the petition for waiver was submitted contains one or more design characteristics that: (1) Prevent testing according to the prescribed test procedure, or (2) cause the prescribed test procedures to evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). A petitioner must include 1 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. E:\FR\FM\19JYN1.SGM 19JYN1 EN19JY17.018</GPH> DOE will accept comments, data, and information with regard to the New Shunxiang petition until August 18, 2017. DATES: [FR Doc. 2017–15130 Filed 7–18–17; 8:45 am] 33099

Agencies

[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33081-33099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15130]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CR-007]


Notice of Petition for Waiver of ITW Food Equipment Group, LLC 
From the Department of Energy Commercial Refrigeration Equipment Test 
Procedures and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver and grant of interim waiver, and 
request for public comment.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from ITW Food Equipment Group, LLC (ITW) seeking an exemption 
from specified portions of the U.S. Department of Energy (DOE) test 
procedure for determining the energy consumption of commercial 
refrigeration equipment under the regulations for basic models of their 
Innopod temperature controlled grocery and general merchandise system 
(Innopod). ITW requests modifications, as specified in its petition for 
waiver, to the existing DOE test procedure, which references Air-
Conditioning, and Refrigeration Institute (ARI) Standard 1200-2006 and 
Air-Conditioning, Heating, and Refrigeration Institute (AHRI) Standard 
1200 (I-P)-2010 that further references American National Standards 
Institute/American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ANSI/ASHRAE) Standard 72. ITW submitted to DOE 
an alternate test procedure that allows for testing of specified 
Innopod basic models. This notice also announces that DOE has granted 
ITW an interim waiver from the DOE commercial refrigeration equipment 
test procedures for the specified commercial refrigeration equipment 
basic models, subject to use of the alternative test procedure as set 
forth in this notice. DOE solicits comments, data, and information 
concerning ITW's petition and its suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with regard to 
the ITW petition until August 18, 2017.

ADDRESSES: You may submit comments, identified by Case No. CR-007, by 
any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. CR-007] in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file 
format, and avoid the use of special characters or any form of 
encryption.
     Postal Mail: Mr. Bryan Berringer, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. CR-007, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., 6th Floor, Washington, DC, 20024. Telephone: (202) 
586-6636. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at http://www.regulations.gov. All documents in the docket are 
listed in the http://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Office, Mailstop EE-5B, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-0371. Email: AS_Waiver_Requests@ee.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6311-6316, as codified) 
established the Energy Conservation Program for Certain Industrial 
Equipment, which includes commercial refrigeration equipment.\2\ Part C 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part C authorizes the Secretary of 
Energy to prescribe test procedures that are reasonably designed to 
produce results that measure energy efficiency, energy use, or 
estimated operating costs during a representative average-use cycle, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) 
The test procedure for commercial refrigeration equipment is contained 
in Title 10 of the CFR part 431, subpart C, appendix B, ``Amended 
Uniform Test Method for the Measurement of Energy Consumption of 
Commercial Refrigerators, Freezers, and Refrigerator-Freezers.''
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA), Public Law 114-11 (April 30, 2015).
---------------------------------------------------------------------------

    DOE's regulations set forth at 10 CFR 431.401 contain provisions 
that allow a person to seek a waiver from the test procedure 
requirements for a particular basic model of a type of covered 
equipment when the petitioner's basic model for which the petition for 
waiver was submitted contains one or more design characteristics that 
either (1) prevent testing according to the prescribed test procedures; 
or (2) cause the prescribed test procedures to evaluate the basic model 
in a manner so unrepresentative of its true energy consumption as to 
provide materially inaccurate comparative data. 10 CFR 431.401(a)(1). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the basic model in a manner 
representative of its energy consumption. 10 CFR 431.401(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 431.401(f)(2). 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. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 431.401(l).
    The waiver process also allows DOE to grant an interim waiver if it 
appears likely that the petition for waiver will be granted and/or if 
DOE determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition

[[Page 33082]]

for waiver. 10 CFR 431.401(e)(2). Within one year of issuance of an 
interim waiver, DOE will either: (i) Publish in the Federal Register a 
determination on the petition for waiver; or (ii) publish in the 
Federal Register a new or amended test procedure that addresses the 
issues presented in the waiver. 10 CFR 431.401(h)(1). When DOE amends 
the test procedure to address the issues presented in a waiver, the 
waiver will automatically terminate on the date on which use of that 
test procedure is required to demonstrate compliance. 10 CFR 
431.401(h)(2).

II. ITW's Petition for Waiver of Test Procedure and Application for 
Interim Waiver

    On December 20, 2016, ITW submitted a petition for waiver and 
interim waiver pursuant to 10 CFR 431.401 pertaining to DOE's test 
procedure at 10 CFR part 431, subpart C, appendix B, for their Innopod 
temperature controlled grocery and general merchandise system (Innopod) 
basic models of commercial refrigeration equipment. ITW's initial 
petition included twenty-two base model configurations. On May 3, 2017, 
ITW provided DOE with the complete list of 200 basic models covered by 
the twenty-two base model configurations. ITW petitioned for a waiver 
and interim waiver from various DOE test procedure requirements.
    DOE's current test procedure references Air-Conditioning, and 
Refrigeration Institute (ARI) Standard 1200-2006 and Air-Conditioning, 
Heating, and Refrigeration Institute (AHRI) Standard 1200 (I-P)-2010, 
which further references American National Standards Institute/American 
Society of Heating, Refrigerating and Air-Conditioning Engineers (ANSI/
ASHRAE) Standard 72 (incorporated by reference at 10 CFR 431.63 (c) and 
(d)). ITW asserts that these current test procedures do not account for 
the unique operating characteristics of the Innopod basic models. 
Because the specific design of this product line contains one or more 
design characteristics noted in the waiver request, including floating 
suction temperatures for individual compartments, different typical 
door-opening cycles, and a high-temperature ``ambient'' compartment, 
ITW believes that its petition and combined application meets both 
conditions of 10 CFR 431.401(a)(1) for granting waivers, on the grounds 
that: (1) The petitioner's basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures; and (2) The prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. ITW 
submitted to DOE an alternate test procedure that allows for testing of 
its Innopod basic models.
    ITW's Innopod basic models include multiple thermally separated, 
temperature controlled compartments supplied with refrigerant from a 
single condensing unit. ITW's petition proposes an alternate test using 
an ``inverse refrigeration load'' test, various calculations to account 
for refrigeration system and component energy consumption, and 
adjustments to the door opening requirements based on typical use in 
the field. ITW's proposed refrigeration system calculations rely on the 
current calculations and assumptions used for testing remote condensing 
commercial refrigeration equipment in accordance with the DOE test 
procedure.
    As previously noted, an interim waiver may be granted if it appears 
likely that the petition for waiver will be granted, and/or if DOE 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination of the petition for 
waiver. See 10 CFR 431.401(e)(2).
    DOE understands that absent an interim waiver, the basic models 
identified by ITW 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 alternate procedure suggested by 
ITW and concludes that it will allow for the accurate measurement of 
the energy use of these equipment, while alleviating the testing 
problems associated with ITW's implementation of DOE's applicable 
commercial refrigeration equipment test procedure for the specified 
Innopod models. However, DOE has clarified how ITW should determine 
basic models, as discussed in section III of this notice, and adjusted 
certain aspects of the requested alternate test procedure regarding 
ambient test conditions, referenced industry standards, and 
calculations, as discussed in section IV of this notice. Thus, DOE has 
determined that ITW's petition for waiver will likely be granted and 
has decided that it is desirable for public policy reasons to grant ITW 
immediate relief pending a determination on the petition for waiver.

III. Petition for Waiver and Interim Waiver Basic Models

    ITW's initial petition for waiver and interim waiver, submitted on 
December 20, 2016, included a list of twenty-two ``base model 
configurations'' of its Innopod equipment. However, based on the 
descriptions of the compartment configurations provided for each base 
model configuration, DOE expects that the list does not provide each 
basic model to which the waiver and interim waiver would apply.
    Specifically, DOE noted that many of the base model configurations 
include compartments that are convertible between the freezer and 
refrigerator temperature operating ranges. With respect to multi-mode 
operation, DOE has taken the position in the most recent commercial 
refrigeration equipment test procedure final rule that self-contained 
equipment or remote condensing equipment with thermostats capable of 
operating at temperatures that span multiple equipment categories must 
be certified and comply with DOE's regulations for each applicable 
equipment category. 79 FR 22291 (April 21, 2014).
    Additionally, DOE notes that its current regulations allow for the 
use of alternative efficiency determination methods (AEDMs), which 
allow manufacturers to simulate the energy use of untested basic models 
once a manufacturer has a validated AEDM and could be used to simulate 
results at other rating temperatures. 10 CFR 429.70.
    Under DOE's definition of a basic model as ``equipment manufactured 
by one manufacturer within a single equipment class, having the same 
primary energy source, and that have essentially identical electrical, 
physical, and functional characteristics that affect energy 
consumption'' (10 CFR 431.62), the base model configurations in ITW's 
initial petition would represent multiple basic models depending on the 
set point of the convertible compartments. DOE requested that ITW 
provide an updated list of basic models, consistent with DOE's 
definition of basic model, that would be covered by the petition for 
waiver and request for interim waiver. ITW provided DOE with the 
updated list of basic model numbers on May 3, 2017.
    ITW's petition also describes compartments that are convertible 
between refrigerator and ambient temperature ranges. These compartments 
would only be considered refrigerator compartments under DOE's 
definitions (compartments capable of operating at or above 
32[emsp14][deg]F

[[Page 33083]]

(2[deg]F)). Accordingly, these compartments would only be 
tested and rated at the refrigerator compartment standardized 
temperature (38[emsp14][deg]F).

IV. Summary of Grant of Interim Waiver

    For the reasons stated in section II of this notice, DOE has 
granted ITW's application for interim waiver from testing for its 
specified commercial refrigeration equipment basic models, with minor 
modifications to the proposed approach. The substance of the interim 
waiver is summarized below.
    ITW is required to test and rate the specified ITW commercial 
refrigeration equipment Innopod basic models \3\ according to the 
alternate test procedure as set forth in section V, ``Alternate Test 
Procedure.'' DOE has revised ITW's proposed test approach to reflect 
ambient test conditions that are consistent with those required in the 
DOE test procedure. DOE has determined that the ambient condition 
requirement would not prevent testing of the Innopod basic models. 
Additionally, DOE has revised ITW's proposed alternate approach to 
reference the current version of the AHRI 1200 standard referenced in 
DOE's existing test procedure. Further, DOE has clarified certain 
details of the necessary measurements and calculations in the granted 
interim waiver.
---------------------------------------------------------------------------

    \3\ 30-XX-X5-AAAAR, 30-XX-X5-AAARA, 30-XX-X5-AAARR, 30-XX-X5-
AAAFA, 30-XX-X5-AAAFR, 30-XX-X5-AARAA, 30-XX-X5-AARAR, 30-XX-X5-
AARRA, 30-XX-X5-AARRR, 30-XX-X5-AARFA, 30-XX-X5-AARFR, 30-XX-X5-
AAFAA, 30-XX-X5-AAFAR, 30-XX-X5-AAFRA, 30-XX-X5-AAFRR, 30-XX-X5-
AAFFA, 30-XX-X5-AAFFR, 30-XX-X5-ARAAA, 30-XX-X5-ARAAR, 30-XX-X5-
ARARA, 30-XX-X5-ARARR, 30-XX-X5-ARAFA, 30-XX-X5-ARAFR, 30-XX-X5-
ARRAA, 30-XX-X5-ARRAR, 30-XX-X5-ARRRA, 30-XX-X5-ARRRR, 30-XX-X5-
ARRFA, 30-XX-X5-ARRFR, 30-XX-X5-ARFAA, 30-XX-X5-ARFAR, 30-XX-X5-
ARFRA, 30-XX-X5-ARFRR, 30-XX-X5-ARFFA, 30-XX-X5-ARFFR, 30-XX-X5-
AFAAA, 30-XX-X5-AFAAR, 30-XX-X5-AFARA, 30-XX-X5-AFARR, 30-XX-X5-
AFAFA, 30-XX-X5-AFAFR, 30-XX-X5-AFRAA, 30-XX-X5-AFRAR, 30-XX-X5-
AFRRA, 30-XX-X5-AFRRR, 30-XX-X5-AFRFA, 30-XX-X5-AFRFR, 30-XX-X5-
AFFAA, 30-XX-X5-AFFAR, 30-XX-X5-AFFRA, 30-XX-X5-AFFRR, 30-XX-X5-
RAAAA, 30-XX-X5-RAAAR, 30-XX-X5-RAARA, 30-XX-X5-RAARR, 30-XX-X5-
RAAFA, 30-XX-X5-RAAFR, 30-XX-X5-RARAA, 30-XX-X5-RARAR, 30-XX-X5-
RARRA, 30-XX-X5-RARRR, 30-XX-X5-RARFA, 30-XX-X5-RARFR, 30-XX-X5-
RAFAA, 30-XX-X5-RAFAR, 30-XX-X5-RAFRA, 30-XX-X5-RAFRR, 30-XX-X5-
RAFFA, 30-XX-X5-RAFFR, 30-XX-X5-RRAAA, 30-XX-X5-RRAAR, 30-XX-X5-
RRARA, 30-XX-X5-RRARR, 30-XX-X5-RRAFA, 30-XX-X5-RRAFR, 30-XX-X5-
RRRAA, 30-XX-X5-RRRAR, 30-XX-X5-RRRRA, 30-XX-X5-RRRFA, 30-XX-X5-
RRFAA, 30-XX-X5-RRFAR, 30-XX-X5-RRFRA, 30-XX-X5-RRFFA, 30-XX-X5-
RFAAA, 30-XX-X5-RFAAR, 30-XX-X5-RFARA, 30-XX-X5-RFARR, 30-XX-X5-
RFAFA, 30-XX-X5-RFAFR, 30-XX-X5-RFRAA, 30-XX-X5-RFRAR, 30-XX-X5-
RFRRA, 30-XX-X5-RFRFA, 30-XX-X5-RFFAA, 30-XX-X5-RFFAR, 30-XX-X5-
RFFRA, 30-XX-X5-FAAAA, 30-XX-X5-FAAAR, 30-XX-X5-FAARA, 30-XX-X5-
FAARR, 30-XX-X5-FAAFA, 30-XX-X5-FAAFR, 30-XX-X5-FARAA, 30-XX-X5-
FARAR, 30-XX-X5-FARRA, 30-XX-X5-FARRR, 30-XX-X5-FARFA, 30-XX-X5-
FARFR, 30-XX-X5-FAFAA, 30-XX-X5-FAFAR, 30-XX-X5-FAFRA, 30-XX-X5-
FAFRR, 30-XX-X5-FRAAA, 30-XX-X5-FRAAR, 30-XX-X5-FRARA, 30-XX-X5-
FRARR, 30-XX-X5-FRAFA, 30-XX-X5-FRAFR, 30-XX-X5-FRRAA, 30-XX-X5-
FRRAR, 30-XX-X5-FRRRA, 30-XX-X5-FRRFA, 30-XX-X5-FRFAA, 30-XX-X5-
FRFAR, 30-XX-X5-FRFRA, 30-XX-X5-FFAAA, 30-XX-X5-FFAAR, 30-XX-X5-
FFARA, 30-XX-X5-FFARR, 30-XX-X5-FFRAA, 30-XX-X5-FFRAR, 30-XX-X5-
FFRRA, 30-XX-X4A-AAAR, 30-XX-X4A-AARA, 30-XX-X4A–AARR, 30-XX-
X4A-ARAA, 30-XX-X4A-ARAR, 30-XX-X4A-ARRA, 30-XX-X4A-ARRR, 30-XX-X4A-
AFAA, 30-XX-X4A-AFAR, 30-XX-X4A-AFRA, 30-XX-X4A-AFRR, 30-XX-X4A-
RAAA, 30-XX-X4A-RAAR, 30-XX-X4A-RARA, 30-XX-X4A-RARR, 30-XX-X4A-
RRAA, 30-XX-X4A-RRAR, 30-XX-X4A-RRRA, 30-XX-X4A-RFAA, 30-XX-X4A-
RFAR, 30-XX-X4A-RFRA, 30-XX-X4A-FAAA, 30-XX-X4A-FAAR, 30-XX-X4A-
FARA, 30-XX-X4A-FARR, 30-XX-X4A-FRAA, 30-XX-X4A-FRAR, 30-XX-X4A-
FRRA, 30-XX-X4A-FFAA, 30-XX-X4A-FFAR, 30-XX-X4A-FFRA, 30-XX-X4B-
AAAR, 30-XX-X4B-AARA, 30-XX-X4B-AARR, 30-XX-X4B-AAFA, 30-XX-X4B-
AAFR, 30-XX-X4B-ARAA, 30-XX-X4B-ARAR, 30-XX-X4B-ARRA, 30-XX-X4B-
ARRR, 30-XX-X4B-ARFA, 30-XX-X4B-ARFR, 30-XX-X4B-AFAA, 30-XX-X4B-
AFAR, 30-XX-X4B-AFRA, 30-XX-X4B-AFRR, 30-XX-X4B-AFFA, 30-XX-X4B-
AFFR, 30-XX-X4B-RAAA, 30-XX-X4B-RAAR, 30-XX-X4B-RARA, 30-XX-X4B-
RARR, 30-XX-X4B-RAFA, 30-XX-X4B-RAFR, 30-XX-X4B-RRAA, 30-XX-X4B-
RRAR, 30-XX-X4B-RRRA, 30-XX-X4B-RRFA, 30-XX-X4B-RFAA, 30-XX-X4B-
RFAR, 30-XX-X4B-RFRA, 30-XX-X4B-RFFA, 30-XX-XX-3-AAR, 30-XX-XX-3-30-
XX-XX-3-ARA, 30-XX-XX-3-ARR, 30-XX-XX-3-RAA, 30-XX-XX-3-RAR, and 30-
XX-XX-3-RRA.
---------------------------------------------------------------------------

    In addition, DOE is requiring that ITW test compartments in all 
relevant equipment configurations, as required by the current test 
procedure. Any compartments that are convertible between the 
refrigerator and freezer operating temperature ranges must be tested 
and rated under both test settings; however, the compartments in the 
ITW equipment that are convertible between ambient and refrigerator 
temperature ranges must be tested only at the refrigerator standardized 
compartment temperature of 38 [deg]F, as described in section III of 
this notice.
    ITW must make representations about the energy use of these basic 
models for compliance, marketing, or other purposes only to the extent 
that such equipment have been tested in accordance with the provisions 
set forth in the alternate test procedure and such representations 
fairly disclose the results of such testing in accordance with 10 CFR 
part 429, subpart B.
    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. ITW 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 models set 
forth in the original petition consistent with 10 CFR 431.401(g). In 
addition, DOE notes that granting of an interim waiver or waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR part 429. See also 10 CFR 431.401(a) and (i).
    The interim waiver shall remain in effect consistent with 10 CFR 
431.401(h). Furthermore, this interim waiver is conditioned upon the 
presumed validity of statements, representations, and documents 
provided by the petitioner. DOE may rescind or modify a waiver or 
interim waiver at any time upon a determination that the factual basis 
underlying the petition for waiver or interim waiver is incorrect, or 
upon a determination that the results from the alternate test procedure 
are unrepresentative of the basic model's true energy consumption 
characteristics. See 10 CFR 431.401(k).

V. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of equipment covered by the statute. (42 U.S.C. 
6293(c); 6314(d)) Consistent representations about the energy 
efficiency of covered equipment are important for consumers evaluating 
equipment when making purchasing decisions and for manufacturers to 
demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 431.401, and 
after considering public comments on the petition, DOE will announce 
its decision as to an alternate test procedure for ITW in a subsequent 
Decision and Order.
    During the period of the interim waiver granted in this notice, ITW 
shall test the basic models listed in section IV according to the test 
procedure for commercial refrigeration equipment prescribed by DOE at 
10 CFR part 431, subpart C, appendix B, with some of the modifications 
to the existing DOE test requirements as specified in ITW's petition. 
However, DOE is requiring that ITW test its Innopod basic models 
according to the ambient test conditions as outlined in AHRI Standard 
1200 (I-P)-2010 section 4.1.2, which requires a wet-bulb test room 
temperature of 64.4 [deg]F  1.8 [deg]F, rather than the 
conditions

[[Page 33084]]

requested in the petition for waiver, which instead specify a test room 
dew point. Additionally, DOE has revised ITW's proposed alternate 
approach to reference the current version of the AHRI 1200 standard 
referenced in DOE's existing test procedure, AHRI Standard 1200 (I-P)-
2010. DOE has also clarified certain instructions, calculations, and 
measurements necessary to conduct the alternate test. Accordingly, DOE 
grants an interim waiver to ITW, but with modifications to ITW's 
requested approach. The applicable method of test for the specified ITW 
basic models is the test procedure for commercial refrigeration 
equipment prescribed by DOE at 10 CFR 431, subpart C, appendix B, with 
the following modifications:
    For the purpose of testing and rating, the Ambient (75 [deg]F) 
compartment is treated as a Medium (Refrigerator at 75 [deg]F) 
compartment. All volume and energy consumption calculations will be 
included within the Medium (Refrigerator 38 [deg]F) category and summed 
with other Medium (Refrigerator 38 [deg]F) compartment calculation(s). 
Compartments that are convertible between ambient and refrigerator 
temperature ranges shall be tested at the refrigerator temperature (38 
[deg]F). Compartments that are convertible between refrigerator and 
freezer (0 [deg]F) temperature ranges shall be tested at both 
temperatures.
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VI. Summary and Request for Comments

    Through this notice, DOE announces receipt of ITW's petition for 
waiver from the DOE test procedure for certain basic models of ITW 
commercial refrigeration equipment, and announces DOE's decision to 
grant ITW an interim waiver from the test procedure for the specified 
basic models of commercial refrigeration equipment. DOE is publishing 
ITW's petition for waiver in redacted form, pursuant to 10 CFR 
431.401(b)(1)(iv). The petition contains confidential information. The 
petition includes a suggested alternate test procedure to determine the 
energy consumption of specific basic models of commercial refrigeration 
equipment. DOE may consider including this alternate procedure in a 
subsequent Decision and Order based on comments from interested 
parties. However, DOE has tentatively determined that the alternate 
procedure proposed by ITW is not entirely acceptable and has provided a 
modified alternate test procedure as a part of its grant of an interim 
waiver. DOE will consider public comments on the petition in issuing 
its Decision and Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 431.401(d), any person 
submitting written comments to DOE must also send a copy of such 
comments to the petitioner. The contact information for the 
petitioner's representative is Ms. Mary Dane, Agency Approval Engineer, 
ITW Food Equipment Group, LLC, North American Refrigeration, 4401 Blue 
Mound Rd., Fort Worth, TX 76106. All comment submissions must include 
the agency name and Case No. CR-007 for this proceeding. Submit 
electronic comments in WordPerfect, Microsoft Word, Portable Document 
Format (PDF), or text (American Standard Code for Information 
Interchange (ASCII)) file format and avoid the use of special 
characters or any form of encryption. Wherever possible, include the 
electronic signature of the author. DOE does not accept telefacsimiles 
(faxes).
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies to DOE: One copy of the document 
marked ``confidential'' with all of the information believed to be 
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC, on July 11, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
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[FR Doc. 2017-15130 Filed 7-18-17; 8:45 am]
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