Notice of Petition for Waiver of AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. From the Department of Energy Commercial Refrigerator, Freezer, and Refrigerator-Freezer Test Procedures and Notice of Grant of Interim Waiver, 25658-25663 [2018-11937]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 25658 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices in a solid physical form at a concentration that does not exceed the applicable concentration limits for Class C LLW as set out in 10 CFR 61.55, Waste Classification. The Draft WIR Evaluation documents and demonstrates that the tanks, ancillary structures, and their residual waste at closure of the WMA C will meet the above-referenced criteria in DOE Manual 435.1–1. DOE is predicating this Draft WIR Evaluation on extensive analysis and scientific rationale, using a risk-informed approach, including analyses presented in the ‘‘Performance Assessment of Waste Management Area C, Hanford Site, Washington’’ (WMA C PA). Specifically, this Draft WIR Evaluation shows that key radionuclides (those radionuclides which contribute most significantly to radiological dose to workers, the public, and the environment as well as radionuclides listed in 10 CFR 61.55) have been or will have been removed to the maximum extent technically and economically practical. Based on the analyses in the WMA C PA, this draft evaluation also projects that potential doses to a hypothetical member of the public and hypothetical inadvertent intruder for 1,000 years (and beyond) after WMA C closure will be well below the doses specified in the performance objectives and performance measures for LLW. In addition, the analyses demonstrate that there is reasonable expectation that safety requirements comparable to the NRC performance objectives at 10 CFR part 61, subpart C will have been met. As also shown in the Draft WIR Evaluation, the residuals, tanks, and ancillary structures at WMA C closure will have been incorporated into a solid form that does not exceed concentration limits for Class C LLW. Although not required by DOE Manual 435.1–1, DOE is consulting with NRC on this Draft WIR Evaluation and also making the Draft WIR Evaluation available for comment from the States, Tribal Nations, and the public. After consultation with NRC, carefully considering comments received, and performing any necessary revisions of analyses and technical documents, DOE plans to issue a final WIR Evaluation and a potential determination as to whether the WMA C tanks, ancillary structures, and their residual waste at the time of WMA C closure is non-HLW, and may be managed and disposed of in place as LLW. VerDate Sep<11>2014 18:35 Jun 01, 2018 Jkt 244001 Issued in Washington, DC, on April 23, 2018. Anne Marie White, Assistant Secretary for Environmental Management. [FR Doc. 2018–11736 Filed 6–1–18; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY [Case Number 2017–007, EERE–2017–BT– WAV–0041] Notice of Petition for Waiver of AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. From the Department of Energy Commercial Refrigerator, Freezer, and RefrigeratorFreezer Test Procedures and Notice of Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and grant of an interim waiver, and request for comments. AGENCY: This document announces receipt of and publishes a petition for waiver from AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. (‘‘AHT’’), seeking a waiver from the U.S. Department of Energy (‘‘DOE’’) test procedure used for determining the energy consumption of commercial refrigerators, freezers, and refrigeratorfreezers (collectively ‘‘commercial refrigeration equipment’’). AHT seeks to use an alternate test procedure to address issues involved in testing twenty-four commercial freezer basic models, identified by AHT as part of its petition, that do not have a defrost cycle when the units are operated in freezer mode. (AHT states that the specified units can operate as a freezer, ice-cream freezer, and refrigerator.) AHT seeks to test and rate the specified basic models using an alternate test procedure to account for the lack of any defrost cycles or defrost capability when the units are operated in freezer mode. This notice announces that DOE grants AHT an interim waiver from the DOE’s commercial refrigeration equipment test procedure for the specified basic models, subject to use of the alternate test procedure as set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning AHT’s petition and its suggested alternate test procedure to inform its final decision on AHT’s waiver request. DATES: Written comments and information are requested and will be accepted on or before July 5, 2018. ADDRESSES: Interested persons are encouraged to submit comments using SUMMARY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 the Federal eRulemaking Portal at https://www.regulations.gov. Alternatively, interested persons may submit comments, identified by Case Number ‘‘2017–007’’ and Docket number ‘‘EERE–2017–BT–WAV–0041,’’ by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: AHT2017WAV0041@ ee.doe.gov. Include the case number [Case No. 2017–007] in the subject line of the message. • Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Case No. 2017–007, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287–1604. 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. If possible, please submit all items on a ‘‘CD’’, in which case it is not necessary to include printed copies. No telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section V of this document. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at https://www.regulations.gov. All documents in the docket are listed in the https://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. The docket Web page can be found at https://www.regulations.gov/ document?D=EERE-2017-BT-WAV0041-0001. The docket web page will contains simple instruction on how to access all documents, including public comments, in the docket. See section V for information on how to submit comments through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. E-mail: AS_Waiver_Requests@ee.doe.gov. E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES 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. E-mail: peter.cochran@hq.doe.gov. SUPPLEMENTARY INFORMATION: I. Background and Authority The Energy Policy and Conservation Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1 Public Law 94–163 (42 U.S.C. 6291– 6317, as codified), among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and industrial equipment. Title III, Part C 2 of EPCA, added by the National Energy Conservation Policy Act, Public Law 95–619, Title IV, § 441(a), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. This equipment includes commercial refrigeration equipment, the subject of this notice. (42 U.S.C. 6311(1)(E)) Further, Part C requires 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 10 CFR part 431, subpart C, appendix B. DOE’s regulation set forth at 10 CFR 431.401 contain provisions that allow an interested person to seek a waiver from the test procedure requirements for a particular basic model 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 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 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 characteristics. 10 CFR 431.401(b)(1)(iii). 1 All references to EPCA in this document refer to the statute as amended through the EPS Improvement Act of 2017, Public Law 115–115 (January 12, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part C was re-designated as Part A–1. VerDate Sep<11>2014 18:35 Jun 01, 2018 Jkt 244001 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. 10 CFR 431.401(l). As soon thereafter as practicable, DOE will publish in the Federal Register a final rule. Id. The wavier process also provides that DOE may 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 underlying petition 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. AHT’s Petition for Waiver and Application for Interim Waiver On May 16, 2017, AHT filed a petition for waiver and an application for interim waiver from the test procedure applicable to commercial refrigeration equipment set forth in 10 CFR part 431, subpart C, appendix B. AHT petitioned for waiver for twenty-four basic models 3 of commercial freezers. These units are capable of multi-mode operation (i.e., as a freezer, ice-cream freezer, and refrigerator). In the petition, AHT notes that it has already requested waivers for testing this equipment operating in refrigerator mode and icecream freezer mode, and states that this waiver request applies only to the specified basic models operating in 3 The specific basic models for which the petition applies are commercial freezer basic models IBIZA 100 NAM F, IBIZA 145 NAM F, IBIZA 210 NAM F, MALTA 145 NAM F, MALTA 185 NAM F, MANHATTAN 175 NAM F, MANHATTAN 210 NAM F, MIAMI 145 NAM F, MIAMI 185 NAM F, MIAMI 210 NAM F, MIAMI 250 NAM F, PARIS 145 NAM F, PARIS 185 NAM F, PARIS 210 NAM F, PARIS 250 NAM F, SYDNEY 175 NAM F, SYDNEY 210 NAM F, SYDNEY 213 NAM F, SYDNEY 223 NAM F, SYDNEY 230 NAM F, SYDNEY 250 NAM F, SYDNEY XL 175 NAM F, SYDNEY XL 210 NAM F, and SYDNEY XL 250 NAM F. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 25659 freezer mode. AHT states that when operating as a freezer, the specified basic models do not have defrosting cycles, and one is not possible. AHT states that that the current DOE test procedure assumes that commercial refrigerators and freezers have cooling or evaporator coils that need to be defrosted; however, the configuration of the AHT equipment when operated in freezer mode does not allow for a defrost cycle to occur. As such, AHT states that the DOE test procedure’s provisions that account for a defrost occurrence are not appropriate for this equipment when operated and tested as a freezer due to their lack of a defrost cycle. To address the lack of defrost capability, AHT requests that the equipment, when operated and tested as a freezer, be subject to an alternate test procedure that follows the requirements of the existing DOE test procedure, which incorporates by reference ASHRAE 72–2005, with the exception that no defrost cycles will be incorporated in the test protocols. AHT also requests an interim waiver from the existing DOE test procedure. DOE will 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 of the petition for waiver. See 10 CFR 431.401(e)(2). DOE understands that, absent an interim waiver, it is not expected that AHT’s equipment could be tested and rated for energy consumption on a basis representative of its true energy consumption characteristics. The DOE test procedure specifies test period and door-opening period start times that reference a defrost occurrence, which is not possible in the specified AHT freezer basic models. This lack of defrost results in no defined start to either the test period or the dooropening period under DOE’s test procedure. III. Requested 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. 6314(d)) Consistent representations are important for manufacturers to use in making representations about the energy efficiency of their equipment and to demonstrate compliance with applicable DOE energy conservation standards. Pursuant to its regulations applicable to waivers and interim E:\FR\FM\04JNN1.SGM 04JNN1 25660 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES waivers from applicable test procedures at 10 CFR 431.401, and after consideration of public comments on the petition, DOE will consider setting an alternate test procedure for the equipment identified by AHT in a subsequent Decision and Order. The test procedure for commercial refrigeration equipment is at 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.’’ AHT seeks to use this test procedure to test and rate specific commercial freezer basic models, except that the test period shall be selected as follows: 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 °C (0.4 °F) from one 24-hour period or refrigeration cycle to the next’’). Additionally, the dooropening requirements shall be as defined in ASHRAE 72–2005 Section 7.2, with the exception that the eighthour 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. IV. Summary of Grant of an Interim Waiver DOE has reviewed AHT’s application for an interim waiver, the alternate test procedure requested by AHT, and the operating manual for the commercial freezer basic models.4 DOE understands that the specified commercial freezer basic models are not capable of defrosting. As AHT stated in their petition for waiver, the DOE test procedure requires beginning the test period at the start of a defrost cycle and recording data for 24 hours, and initiating a door-opening period 3 hours after the start of a defrost cycle. As such, for the specified basic models, which do not defrost, there is no defined start to either the test period or the dooropening period under DOE’s test procedure. Based on this review, the alternate test procedure that AHT proposes appropriately reflects the energy consumption of and is appropriate for the commercial freezer basic models identified in AHT’s 4 The petition for waiver and operating manual can be found at https://www.regulations.gov/ docket?D=EERE-2017-BT-WAV-0041. VerDate Sep<11>2014 18:35 Jun 01, 2018 Jkt 244001 petition for waiver. Consequently, it appears likely that AHT’s petition for waiver will be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant AHT immediate relief pending a determination of the petition for waiver. For the reasons stated, DOE has granted an interim waiver to AHT for specified commercial freezer basic models. Therefore, DOE has issued an Order, stating: (1) AHT must, going forward, test and rate the following AHT commercial freezer basic models (which do not have defrost cycle capability when operated in freezer mode) as set forth in paragraph (2) below: IBIZA 100 NAM F, IBIZA 145 NAM F, IBIZA 210 NAM F, MALTA 145 NAM F, MALTA 185 NAM F, MANHATTAN 175 NAM F, MANHATTAN 210 NAM F, MIAMI 145 NAM F, MIAMI 185 NAM F, MIAMI 210 NAM F, MIAMI 250 NAM F, PARIS 145 NAM F, PARIS 185 NAM F, PARIS 210 NAM F, PARIS 250 NAM F, SYDNEY 175 NAM F, SYDNEY 210 NAM F, SYDNEY 213 NAM F, SYDNEY 223 NAM F, SYDNEY 230 NAM F, SYDNEY 250 NAM F, SYDNEY XL175 NAM F, SYDNEY XL210 NAM F, and SYDNEY XL250 NAM F. (2) The alternate test procedure for the AHT basic models listed in paragraph (1) 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 °C (0.4 °F) from one 24-hour period or refrigeration cycle to the next’’). Additionally, the dooropening requirements shall be as defined in ASHRAE 72–2005 Section 7.2, with the exception that the eighthour 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 is permitted to make representations about the energy use of the basic models listed in paragraph (1) for compliance, marketing, or other purposes only to the extent that the basic models have been tested in accordance with the provisions PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 in the alternate test procedure and such representations fairly disclose the results of such testing in accordance with 10 CFR part 429, subpart B. (4) This interim waiver shall remain in effect according to the provisions of 10 CFR 431.401(h) and (k). (5) This interim waiver is issued to AHT on the condition that the statements, representations, and documentary materials provided by AHT are valid. If AHT makes any modifications to the defrost controls or capabilities (e.g., adding automatic defrost to freezer mode) of these basic models, the waiver would no longer be valid and AHT would either be required to use the current Federal test method or submit a new application for a test procedure waiver. DOE may revoke or modify this waiver at any time if it determines the factual basis underlying the petition for waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise, AHT may request that DOE rescind or modify the interim waiver 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) Granting of this interim waiver does not release AHT from the certification requirements set forth at 10 CFR part 429. DOE makes decisions on waivers and interim waivers for only those basic models specifically set out in the petition, not future basic 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 commercial freezers. Alternatively, if appropriate, AHT may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 431.401(g). V. Request for Comments DOE is publishing AHT’s petition for waiver in its entirety, pursuant to 10 CFR 431.401(b)(1)(iv). The petition did not identify any information as confidential business information. The petition includes a suggested alternate test procedure, as specified in section III of this notice, to determine the energy consumption of AHT’s specified commercial freezer basic models. DOE may consider including the alternate E:\FR\FM\04JNN1.SGM 04JNN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices procedure specified in the Interim Waiver Order in a subsequent Decision and Order. DOE invites all interested parties to submit in writing by July 5, 2018, comments and information on all aspects of the petition, including the alternate test procedure. 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 is Scott Blake Harris, Harris, Wiltshire & Grannis LLP, 1919 M Street NW, Eighth Floor, Washington, DC 20036. Submitting comments via https:// www.regulations.gov. The https:// www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to https:// www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (‘‘CBI’’)). Comments submitted through https:// www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through https://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being VerDate Sep<11>2014 18:35 Jun 01, 2018 Jkt 244001 processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that https:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to https://www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According 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 via email, postal mail, or hand delivery two well-marked copies: one copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 25661 Factors of interest to DOE when evaluating requests to treat submitted information as confidential include (1) a description of the items, (2) whether and why such items are customarily treated as confidential within the industry, (3) whether the information is generally known by or available from other sources, (4) whether the information has previously been made available to others without obligation concerning its confidentiality, (5) an explanation of the competitive injury to the submitting person which would result from public disclosure, (6) when such information might lose its confidential character due to the passage of time, and (7) why disclosure of the information would be contrary to the public interest. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). Signed in Washington, DC, on May 29, 2018. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Before the United States Department of Energy Washington, D.C. 20585 In the Matter of Energy Efficient Program: Test Procedure for Commercial Refrigeration Equipment Docket No. EERE–2013–BT–TP–0025; RIN 1904–AC99 PETITION OF AHT COOLING SYSTEMS FOR FREEZER MODE WAIVER OF TEST PROCEDURE FOR COMMERCIAL REFRIGERATION EQUIPMENT AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. (collectively AHT) 1 respectfully submit this Freezer Mode Petition for Waiver and Application for Interim Waiver 2 from DOE’s test procedure for commercial refrigeration equipment.3 Commercial refrigeration equipment, such as AHT’s, has recently become subject to a new regulatory regime. This includes new test procedures 4 and 1 AHT’s U.S. subsidiary is AHT Cooling Systems USA Inc., 3235 Industry Drive, North Charleston, South Carolina 29418 (tel. 843–767–6855). AHT’s worldwide headquarters are AHT Cooling Systems GmbH, Werkgasse 57, 8786 Rottenmann, Austria (tel. 011–43–3614/2451–0). 2 See 10 C.F.R. § 431.401 (petitions for waiver and interim waiver). 3 Id. Part 431, Subpart C, Appendix B. 4 Id. Part 431, Subpart C, Appendix B, as adopted, 79 Fed. Reg. 22277 (April 21, 2014). E:\FR\FM\04JNN1.SGM 04JNN1 25662 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices efficiency standards.5 On October 25, 2016,6 AHT filed an initial Petition for Waiver covering its multi-mode appliances that can operate, with the flip of a switch, as either a refrigerator, a freezer, or an ice cream freezer. As set forth in that Petition, the AHT appliances are also unusual in that their cooling coils are built into the body of the units. This means the cooling coils are not exposed to the air and do not get covered with frost. This also means the coils do not need to be defrosted for the appliances to be operated effectively. Rather, any defrost cycle is run for esthetic reasons only. As a result, AHT appliances run a defrost cycle less often than the testing procedures assumed and needed a modified testing protocol to measure energy usage accurately. Thus AHT filed its initial Petition for Waiver. Following the filing of its initial Petition, AHT was advised by the Department that each mode in which its appliances operated would have to be tested separately, and thus each mode in which an appliance operated would have to be listed as a separate model. AHT complied with this instruction. Since the initial Petition for Waiver was filed, however, AHT decided to change the operation of its appliances when they are operating in freezer mode—by eliminating any defrost cycle whatsoever. This meant that even the test proposed in its initial Petition for Waiver was insufficient to measure the energy usage of the AHT appliances when operating in freezer mode. Accordingly, AHT requested that ‘‘freezer mode’’ be eliminated from the models covered by its original waiver Petition.7 AHT now seeks a Freezer Mode Waiver to cover the testing of its multi-mode appliances when they are operating in freezer mode. sradovich on DSK3GMQ082PROD with NOTICES I. Basic Models for Which a Waiver is Requested The basic models for which a waiver is requested are set forth in Appendix I. These appliances are all multi-mode display merchandisers with transparent doors. They are capable of operating in refrigerator mode, freezer mode, and ice cream freezer mode. They are distributed in commerce under the AHT brand name. A waiver has already been requested for the testing of these appliances operated in refrigerator mode and ice cream freezer mode. This waiver 5 Id. § 431.66, as adopted, 79 Fed. Reg. 17725 (March 28, 2014). 6 Case No. CR–006. 7 See Letter from Scott Blake Harris to Ashley Armstrong, Case No. CR–006 (May 2, 2017). VerDate Sep<11>2014 18:35 Jun 01, 2018 Jkt 244001 is being sought for their operation in freezer mode. II. Need for the Requested Waiver The DOE test procedure that would apply to the AHT appliances took effect on March 28, 2017. But it should not apply to the models listed in Appendix I. As noted above, AHT appliances do not need to be defrosted. As explained in the initial Petition for Waiver, the DOE test procedure understandably assumes that commercial refrigerators and freezers have cooling or evaporator coils that need to be defrosted for the equipment to function effectively. Indeed, the Technical Support Document for the test procedure essentially defines ‘‘defrosting’’ to mean melting ice from evaporator coils: As the air in the refrigerated space is cooled, water vapor condenses on the surface of the evaporator coil. . . . There are several methods available for defrosting the evaporator coil. . .8 In addition, the ASHRAE test procedure mandated by the DOE regulations provides that the defrost adequacy assurance test ‘‘shall verify that any defrost setting and arrangement is adequate to melt all frost and ice from coils and flues and drain it out of the refrigerator.’’ 9 Based on the assumption that all refrigerators and freezers that have evaporator coils from which frost must be melted regularly in order to function, the test procedure calls for starting testing with a full defrost cycle, and may require additional defrost cycles in a 24-hour period before the test is complete (depending on the expected operation of the model). But as currently configured, the AHT multi-mode appliances operating in freezer mode have no defrost cycle and one is not possible. As a result, the test procedure, which provides for at least one full defrost cycle in a 24-hour period is not appropriate for these models. It would grievously overstate their energy consumption. Accordingly, AHT asks for a waiver to test its multi-mode appliances in freezer mode without a defrost cycle. It would continue to test these appliances in refrigerator and ice cream freezer mode as set forth in its initial Petition, or as that test is modified by any initial waiver granted by the Department. 8 DOE, Technical Support Document: Energy Efficiency Program for Consumer Products and Commercial and Industrial Equipment; Commercial Refrigeration Equipment (Feb. 2014), § 3.3.1.11 (Defrost Cycle; Defrost Mechanism). 9 ANSI/ASHRAE Standard 72–2005, ‘‘Method of Testing Commercial Refrigerators and Freezers,’’ § 7.8 (Defrost Adequacy Assurance). ASHRAE 72– 2005 is incorporated by reference in the DOE test procedure. 10 C.F.R. § 431.63(d)(1). PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 III. Proposed Alternate Test Procedure Under the applicable DOE regulations, the testing protocol that would otherwise be applicable to the freezer mode of AHT’s multi-mode appliances is set forth in ASHRAE 722005, Method of Testing Commercial Refrigerators and Freezers. It requires including defrost cycles during the 24hour test period. Since the freezer mode of AHT’s multi-mode appliances has no defrost cycle, the proposed alternate testing procedure for the freezer mode follows the requirements of ASHRAE 72–2005 with the exception that no defrost cycles will be included in the testing protocol. As a result, no direct or indirect 10 energy consumption associated with defrost operations will be included in the evaluation of the Daily Energy Consumption (DEC). Under the proposed alternate testing procedure, the test shall begin when steady state conditions occur.11 In addition, the alternate testing procedure uses the same requirements for door opening defined in ASHRAE 72–2005 Section 7.2, with the exception that the eighthour period of door openings shall begin three hours after the start of the test. Ambient temperature, test simulator temperatures, and allother data shall be recorded at three-minute intervals beginning at the start of the test and throughout the 24-hour testing period. IV. Request for Interim Waiver AHT also requests an interim waiver for its testing and rating of the basic models listed in Appendix I. Based on its merits, AHT’s Freezer Mode Petition for Waiver is likely to be granted. Further, it is essential that an interim waiver be granted, because without waiver relief, AHT will be at a competitive disadvantage in the market for these important products and would suffer economic hardship. AHT would be subject to requirements that clearly should not apply to such products. V. Other Manufacturers A list of manufacturers of all other basic models distributed in commerce in the United States and known to AHT to incorporate overall design characteristic(s) similar to those found in the basic model(s) that are the subject 10 Indirect energy consumption refers to the energy used during temperature pulldown after defrosting. 11 Per ASHRAE 72–2005, steady state is defined as ‘‘the condition where the average temperature of all test simulators changes less than 0.2°C (0.4°F) from one 24-hour period or refrigeration cycle to the next’’ (see ASHRAE 72, Section 3, Definitions). E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices of the petition is set forth in Appendix II. * * * * * AHT requests expedited treatment of the Petition and Application. Respectfully submitted, Scott Blake Harris John A. Hodges Harris, Wiltshire & Grannis LLP 1919 M Street, NW Washington, DC 20036 (202) 730–1313 Counsel to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. May 16, 2017 Appendix I The waiver and interim waiver requested herein should apply to testing and rating of the following basic models that are manufactured by AHT 12: IBIZA 100 NAM F IBIZA 145 NAM F IBIZA 210 NAM F MALTA 145 NAM F MALTA 185 NAM F MANHATTAN 175 NAM F MANHATTAN 210 NAM F MIAMI 145 NAM F MIAMI 185 NAM F MIAMI 210 NAM F MIAMI 250 NAM F PARIS 145 NAM F PARIS 185 NAM F PARIS 210 NAM F PARIS 250 NAM F SYDNEY 175 NAM F SYDNEY 210 NAM F SYDNEY 213 NAM F SYDNEY 223 NAM F SYDNEY 230 NAM F SYDNEY 250 NAM F SYDNEY XL175 NAM F SYDNEY XL210 NAM F SYDNEY XL250 NAM F sradovich on DSK3GMQ082PROD with NOTICES Appendix II The following are manufacturers of all other basic models distributed in commerce in the United States and known to AHT to incorporate overall design characteristic(s) similar to those found in the basic model(s) that are the subject of the petition for waiver. AMF Sales & Associates (importing LUCKDR) ARNEG USA Avanti Products LLC Beverage Air Dellfrio (importing Liebherr cabinets) Electrolux Home Products Excellence Fogel de Centroamerica S.A. Foshan City Shunde District Sansheng Electrical Manufacture Co., Ltd. Hillphoenix Hussmann Innovative DisplayWorks Inc. Jiangsu Baixue Electric Appliances Co., Ltd. Metalfrio Solutions Mexico S.A. Mimet S.A. Minus Forty Technologies Corp. MTL Cool 12 The ‘‘F’’ designation—for Freezer Mode—will appear only in CCMS and not on the units themselves. VerDate Sep<11>2014 18:35 Jun 01, 2018 Jkt 244001 Novum USA Ojeda USA Panasonic PREMIERE Corporation Sanden Vendo Silver King Stajac Industries Thermell Manufacturing True Manufacturing Co. Turbo-Air Vestfrost Solutions [FR Doc. 2018–11937 Filed 6–1–18; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2 Take notice that the Commission received the following electric corporate filings: Docket Numbers: EC18–93–000. Applicants: Beech Ridge Energy, LLC. Description: Application for Authorization under Section 203 of the Federal Power Act and Request for Waivers and Expedited Action of Beech Ridge Energy, LLC. Filed Date: 5/22/18. Accession Number: 20180522–0002. Comments Due: 5 p.m. ET 6/12/18. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER10–2667–001. Applicants: Invenergy Cannon Falls LLC. Description: Compliance filing: Informational Filing Regarding Upstream Change in Ownership to be effective N/A. Filed Date: 5/25/18. Accession Number: 20180525–5150. Comments Due: 5 p.m. ET 6/15/18. Docket Numbers: ER18–1481–001. Applicants: Duke Energy Florida, LLC. Description: Tariff Amendment: DEF Amendment to IA Annual Cost Factor Update (2018) to be effective 5/1/2018. Filed Date: 5/25/18. Accession Number: 20180525–5140. Comments Due: 5 p.m. ET 6/15/18. Docket Numbers: ER18–1687–000. Applicants: Citizens Sunrise Transmission LLC. Description: § 205(d) Rate Filing: Annual Operating Cost True-Up Adjustment Informational Filing to be effective 6/1/2018. Filed Date: 5/25/18. Accession Number: 20180525–5091. Comments Due: 5 p.m. ET 6/15/18. Docket Numbers: ER18–1688–000. Applicants: Meadow Lake Wind Farm III LLC. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 25663 Description: Baseline eTariff Filing: Rate Schedule for Reactive Supply and Voltage Control to be effective 7/24/ 2018. Filed Date: 5/25/18. Accession Number: 20180525–5092. Comments Due: 5 p.m. ET 6/15/18. Docket Numbers: ER18–1689–000. Applicants: Southern California Edison Company. Description: § 205(d) Rate Filing: GIA & DSA Valencia Energy Storage Project SA Nos. 1023–1024 to be effective 5/16/ 2018. Filed Date: 5/25/18. Accession Number: 20180525–5115. Comments Due: 5 p.m. ET 6/15/18. Docket Numbers: ER18–1690–000. Applicants: San Diego Gas & Electric Company. Description: Informational Filing [Cycle 7] of Transmission Owner Rate Appendix X Formula rate mechanism of San Diego Gas & Electric Company. Filed Date: 5/25/18. Accession Number: 20180525–5154. Comments Due: 5 p.m. ET 6/15/18. Docket Numbers: ER18–1691–000. Applicants: BSW ProjectCo LLC. Description: Request for Limited Tariff Waiver, et al. of BSW ProjectCo LLC. Filed Date: 5/25/18. Accession Number: 20180525–5155. Comments Due: 5 p.m. ET 6/8/18. Docket Numbers: ER18–1692–000. Applicants: PJM Interconnection, L.L.C. Description: § 205(d) Rate Filing: Revised ISA No. 4242, Queue No. Z1– 092/AD1–142 to be effective 4/24/2018. Filed Date: 5/25/18. Accession Number: 20180525–5207. Comments Due: 5 p.m. ET 6/15/18. The filings are accessible in the Commission’s eLibrary system by clicking on the links or querying the docket number. Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission’s Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Notices]
[Pages 25658-25663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11937]


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DEPARTMENT OF ENERGY

[Case Number 2017-007, EERE-2017-BT-WAV-0041]


Notice of Petition for Waiver of AHT Cooling Systems GmbH and AHT 
Cooling Systems USA Inc. From the Department of Energy Commercial 
Refrigerator, Freezer, and Refrigerator-Freezer Test Procedures and 
Notice of Grant of Interim Waiver

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

ACTION: Notice of petition for waiver and grant of an interim waiver, 
and request for comments.

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SUMMARY: This document announces receipt of and publishes a petition 
for waiver from AHT Cooling Systems GmbH and AHT Cooling Systems USA 
Inc. (``AHT''), seeking a waiver from the U.S. Department of Energy 
(``DOE'') test procedure used for determining the energy consumption of 
commercial refrigerators, freezers, and refrigerator-freezers 
(collectively ``commercial refrigeration equipment''). AHT seeks to use 
an alternate test procedure to address issues involved in testing 
twenty-four commercial freezer basic models, identified by AHT as part 
of its petition, that do not have a defrost cycle when the units are 
operated in freezer mode. (AHT states that the specified units can 
operate as a freezer, ice-cream freezer, and refrigerator.) AHT seeks 
to test and rate the specified basic models using an alternate test 
procedure to account for the lack of any defrost cycles or defrost 
capability when the units are operated in freezer mode. This notice 
announces that DOE grants AHT an interim waiver from the DOE's 
commercial refrigeration equipment test procedure for the specified 
basic models, subject to use of the alternate test procedure as set 
forth in the Interim Waiver Order. DOE solicits comments, data, and 
information concerning AHT's petition and its suggested alternate test 
procedure to inform its final decision on AHT's waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before July 5, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
Case Number ``2017-007'' and Docket number ``EERE-2017-BT-WAV-0041,'' 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include the case number 
[Case No. 2017-007] in the subject line of the message.
     Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Office, Mailstop EE-5B, Petition for Waiver Case No. 2017-007, 1000 
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 
287-1604. 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. If possible, please 
submit all items on a ``CD'', in which case it is not necessary to 
include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://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.
    The docket Web page can be found at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0041-0001. The docket web page will 
contains simple instruction on how to access all documents, including 
public comments, in the docket. See section V for information on how to 
submit comments through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, Mailstop 
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. E-mail: 
[email protected].

[[Page 25659]]

    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. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. Title III, Part C 
\2\ of EPCA, added by the National Energy Conservation Policy Act, 
Public Law 95-619, Title IV, Sec.  441(a), established the Energy 
Conservation Program for Certain Industrial Equipment, which sets forth 
a variety of provisions designed to improve energy efficiency. This 
equipment includes commercial refrigeration equipment, the subject of 
this notice. (42 U.S.C. 6311(1)(E)) Further, Part C requires 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 10 CFR part 431, subpart C, appendix B.
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated as Part A-1.
---------------------------------------------------------------------------

    DOE's regulation set forth at 10 CFR 431.401 contain provisions 
that allow an interested person to seek a waiver from the test 
procedure requirements for a particular basic model 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 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 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 
characteristics. 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. 10 CFR 431.401(l). As soon thereafter as practicable, DOE will 
publish in the Federal Register a final rule. Id.
    The wavier process also provides that DOE may 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 
underlying petition 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. AHT's Petition for Waiver and Application for Interim Waiver

    On May 16, 2017, AHT filed a petition for waiver and an application 
for interim waiver from the test procedure applicable to commercial 
refrigeration equipment set forth in 10 CFR part 431, subpart C, 
appendix B. AHT petitioned for waiver for twenty-four basic models \3\ 
of commercial freezers. These units are capable of multi-mode operation 
(i.e., as a freezer, ice-cream freezer, and refrigerator). In the 
petition, AHT notes that it has already requested waivers for testing 
this equipment operating in refrigerator mode and ice-cream freezer 
mode, and states that this waiver request applies only to the specified 
basic models operating in freezer mode. AHT states that when operating 
as a freezer, the specified basic models do not have defrosting cycles, 
and one is not possible. AHT states that that the current DOE test 
procedure assumes that commercial refrigerators and freezers have 
cooling or evaporator coils that need to be defrosted; however, the 
configuration of the AHT equipment when operated in freezer mode does 
not allow for a defrost cycle to occur. As such, AHT states that the 
DOE test procedure's provisions that account for a defrost occurrence 
are not appropriate for this equipment when operated and tested as a 
freezer due to their lack of a defrost cycle.
---------------------------------------------------------------------------

    \3\ The specific basic models for which the petition applies are 
commercial freezer basic models IBIZA 100 NAM F, IBIZA 145 NAM F, 
IBIZA 210 NAM F, MALTA 145 NAM F, MALTA 185 NAM F, MANHATTAN 175 NAM 
F, MANHATTAN 210 NAM F, MIAMI 145 NAM F, MIAMI 185 NAM F, MIAMI 210 
NAM F, MIAMI 250 NAM F, PARIS 145 NAM F, PARIS 185 NAM F, PARIS 210 
NAM F, PARIS 250 NAM F, SYDNEY 175 NAM F, SYDNEY 210 NAM F, SYDNEY 
213 NAM F, SYDNEY 223 NAM F, SYDNEY 230 NAM F, SYDNEY 250 NAM F, 
SYDNEY XL 175 NAM F, SYDNEY XL 210 NAM F, and SYDNEY XL 250 NAM F.
---------------------------------------------------------------------------

    To address the lack of defrost capability, AHT requests that the 
equipment, when operated and tested as a freezer, be subject to an 
alternate test procedure that follows the requirements of the existing 
DOE test procedure, which incorporates by reference ASHRAE 72-2005, 
with the exception that no defrost cycles will be incorporated in the 
test protocols.
    AHT also requests an interim waiver from the existing DOE test 
procedure. DOE will 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 of the petition for waiver. See 10 CFR 
431.401(e)(2).
    DOE understands that, absent an interim waiver, it is not expected 
that AHT's equipment could be tested and rated for energy consumption 
on a basis representative of its true energy consumption 
characteristics. The DOE test procedure specifies test period and door-
opening period start times that reference a defrost occurrence, which 
is not possible in the specified AHT freezer basic models. This lack of 
defrost results in no defined start to either the test period or the 
door-opening period under DOE's test procedure.

III. Requested 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. 
6314(d)) Consistent representations are important for manufacturers to 
use in making representations about the energy efficiency of their 
equipment and to demonstrate compliance with applicable DOE energy 
conservation standards. Pursuant to its regulations applicable to 
waivers and interim

[[Page 25660]]

waivers from applicable test procedures at 10 CFR 431.401, and after 
consideration of public comments on the petition, DOE will consider 
setting an alternate test procedure for the equipment identified by AHT 
in a subsequent Decision and Order.
    The test procedure for commercial refrigeration equipment is at 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.'' AHT seeks to use this test 
procedure to test and rate specific commercial freezer basic models, 
except that the test period shall be selected as follows:
    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.

IV. Summary of Grant of an Interim Waiver

    DOE has reviewed AHT's application for an interim waiver, the 
alternate test procedure requested by AHT, and the operating manual for 
the commercial freezer basic models.\4\ DOE understands that the 
specified commercial freezer basic models are not capable of 
defrosting. As AHT stated in their petition for waiver, the DOE test 
procedure requires beginning the test period at the start of a defrost 
cycle and recording data for 24 hours, and initiating a door-opening 
period 3 hours after the start of a defrost cycle. As such, for the 
specified basic models, which do not defrost, there is no defined start 
to either the test period or the door-opening period under DOE's test 
procedure. Based on this review, the alternate test procedure that AHT 
proposes appropriately reflects the energy consumption of and is 
appropriate for the commercial freezer basic models identified in AHT's 
petition for waiver. Consequently, it appears likely that AHT's 
petition for waiver will be granted. Furthermore, DOE has determined 
that it is desirable for public policy reasons to grant AHT immediate 
relief pending a determination of the petition for waiver. For the 
reasons stated, DOE has granted an interim waiver to AHT for specified 
commercial freezer basic models.
---------------------------------------------------------------------------

    \4\ The petition for waiver and operating manual can be found at 
https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0041.
---------------------------------------------------------------------------

    Therefore, DOE has issued an Order, stating:
    (1) AHT must, going forward, test and rate the following AHT 
commercial freezer basic models (which do not have defrost cycle 
capability when operated in freezer mode) as set forth in paragraph (2) 
below:
    IBIZA 100 NAM F, IBIZA 145 NAM F, IBIZA 210 NAM F, MALTA 145 NAM F, 
MALTA 185 NAM F, MANHATTAN 175 NAM F, MANHATTAN 210 NAM F, MIAMI 145 
NAM F, MIAMI 185 NAM F, MIAMI 210 NAM F, MIAMI 250 NAM F, PARIS 145 NAM 
F, PARIS 185 NAM F, PARIS 210 NAM F, PARIS 250 NAM F, SYDNEY 175 NAM F, 
SYDNEY 210 NAM F, SYDNEY 213 NAM F, SYDNEY 223 NAM F, SYDNEY 230 NAM F, 
SYDNEY 250 NAM F, SYDNEY XL175 NAM F, SYDNEY XL210 NAM F, and SYDNEY 
XL250 NAM F.
    (2) The alternate test procedure for the AHT basic models listed in 
paragraph (1) 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 is permitted to make representations about 
the energy use of the basic models listed in paragraph (1) for 
compliance, marketing, or other purposes only to the extent that the 
basic models have been tested in accordance with the provisions in the 
alternate test procedure and such representations fairly disclose the 
results of such testing in accordance with 10 CFR part 429, subpart B.
    (4) This interim waiver shall remain in effect according to the 
provisions of 10 CFR 431.401(h) and (k).
    (5) This interim waiver is issued to AHT on the condition that the 
statements, representations, and documentary materials provided by AHT 
are valid. If AHT makes any modifications to the defrost controls or 
capabilities (e.g., adding automatic defrost to freezer mode) of these 
basic models, the waiver would no longer be valid and AHT would either 
be required to use the current Federal test method or submit a new 
application for a test procedure waiver. DOE may revoke or modify this 
waiver at any time if it determines the factual basis underlying the 
petition for waiver is incorrect, or the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, AHT may 
request that DOE rescind or modify the interim waiver 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) Granting of this interim waiver does not release AHT from the 
certification requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future basic 
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 commercial freezers. 
Alternatively, if appropriate, AHT may request that DOE extend the 
scope of a waiver or an interim waiver to include additional basic 
models employing the same technology as the basic model(s) set forth in 
the original petition consistent with 10 CFR 431.401(g).

V. Request for Comments

    DOE is publishing AHT's petition for waiver in its entirety, 
pursuant to 10 CFR 431.401(b)(1)(iv). The petition did not identify any 
information as confidential business information. The petition includes 
a suggested alternate test procedure, as specified in section III of 
this notice, to determine the energy consumption of AHT's specified 
commercial freezer basic models. DOE may consider including the 
alternate

[[Page 25661]]

procedure specified in the Interim Waiver Order in a subsequent 
Decision and Order.
    DOE invites all interested parties to submit in writing by July 5, 
2018, comments and information on all aspects of the petition, 
including the alternate test procedure. 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 is Scott Blake Harris, Harris, Wiltshire & Grannis LLP, 1919 
M Street NW, Eighth Floor, Washington, DC 20036.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to https://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through https://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through https://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to https://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
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person submitting information that he or she believes to be 
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    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

    Signed in Washington, DC, on May 29, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Before the United States Department of Energy Washington, D.C. 20585

    In the Matter of Energy Efficient Program: Test Procedure for 
Commercial Refrigeration Equipment

Docket No. EERE-2013-BT-TP-0025; RIN 1904-AC99

PETITION OF AHT COOLING SYSTEMS FOR FREEZER MODE WAIVER OF TEST 
PROCEDURE FOR COMMERCIAL REFRIGERATION EQUIPMENT

    AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. 
(collectively AHT) \1\ respectfully submit this Freezer Mode Petition 
for Waiver and Application for Interim Waiver \2\ from DOE's test 
procedure for commercial refrigeration equipment.\3\
---------------------------------------------------------------------------

    \1\ AHT's U.S. subsidiary is AHT Cooling Systems USA Inc., 3235 
Industry Drive, North Charleston, South Carolina 29418 (tel. 843-
767-6855). AHT's worldwide headquarters are AHT Cooling Systems 
GmbH, Werkgasse 57, 8786 Rottenmann, Austria (tel. 011-43-3614/2451-
0).
    \2\ See 10 C.F.R. Sec.  431.401 (petitions for waiver and 
interim waiver).
    \3\ Id. Part 431, Subpart C, Appendix B.
---------------------------------------------------------------------------

    Commercial refrigeration equipment, such as AHT's, has recently 
become subject to a new regulatory regime. This includes new test 
procedures \4\ and

[[Page 25662]]

efficiency standards.\5\ On October 25, 2016,\6\ AHT filed an initial 
Petition for Waiver covering its multi-mode appliances that can 
operate, with the flip of a switch, as either a refrigerator, a 
freezer, or an ice cream freezer. As set forth in that Petition, the 
AHT appliances are also unusual in that their cooling coils are built 
into the body of the units. This means the cooling coils are not 
exposed to the air and do not get covered with frost. This also means 
the coils do not need to be defrosted for the appliances to be operated 
effectively. Rather, any defrost cycle is run for esthetic reasons 
only. As a result, AHT appliances run a defrost cycle less often than 
the testing procedures assumed and needed a modified testing protocol 
to measure energy usage accurately. Thus AHT filed its initial Petition 
for Waiver.
---------------------------------------------------------------------------

    \4\ Id. Part 431, Subpart C, Appendix B, as adopted, 79 Fed. 
Reg. 22277 (April 21, 2014).
    \5\ Id. Sec.  431.66, as adopted, 79 Fed. Reg. 17725 (March 28, 
2014).
    \6\ Case No. CR-006.
---------------------------------------------------------------------------

    Following the filing of its initial Petition, AHT was advised by 
the Department that each mode in which its appliances operated would 
have to be tested separately, and thus each mode in which an appliance 
operated would have to be listed as a separate model. AHT complied with 
this instruction. Since the initial Petition for Waiver was filed, 
however, AHT decided to change the operation of its appliances when 
they are operating in freezer mode--by eliminating any defrost cycle 
whatsoever. This meant that even the test proposed in its initial 
Petition for Waiver was insufficient to measure the energy usage of the 
AHT appliances when operating in freezer mode. Accordingly, AHT 
requested that ``freezer mode'' be eliminated from the models covered 
by its original waiver Petition.\7\ AHT now seeks a Freezer Mode Waiver 
to cover the testing of its multi-mode appliances when they are 
operating in freezer mode.
---------------------------------------------------------------------------

    \7\ See Letter from Scott Blake Harris to Ashley Armstrong, Case 
No. CR-006 (May 2, 2017).
---------------------------------------------------------------------------

I. Basic Models for Which a Waiver is Requested

    The basic models for which a waiver is requested are set forth in 
Appendix I. These appliances are all multi-mode display merchandisers 
with transparent doors. They are capable of operating in refrigerator 
mode, freezer mode, and ice cream freezer mode. They are distributed in 
commerce under the AHT brand name. A waiver has already been requested 
for the testing of these appliances operated in refrigerator mode and 
ice cream freezer mode. This waiver is being sought for their operation 
in freezer mode.

II. Need for the Requested Waiver

    The DOE test procedure that would apply to the AHT appliances took 
effect on March 28, 2017. But it should not apply to the models listed 
in Appendix I.
    As noted above, AHT appliances do not need to be defrosted. As 
explained in the initial Petition for Waiver, the DOE test procedure 
understandably assumes that commercial refrigerators and freezers have 
cooling or evaporator coils that need to be defrosted for the equipment 
to function effectively. Indeed, the Technical Support Document for the 
test procedure essentially defines ``defrosting'' to mean melting ice 
from evaporator coils:

As the air in the refrigerated space is cooled, water vapor 
condenses on the surface of the evaporator coil. . . . There are 
several methods available for defrosting the evaporator coil. . .\8\
---------------------------------------------------------------------------

    \8\ DOE, Technical Support Document: Energy Efficiency Program 
for Consumer Products and Commercial and Industrial Equipment; 
Commercial Refrigeration Equipment (Feb. 2014), Sec.  3.3.1.11 
(Defrost Cycle; Defrost Mechanism).

    In addition, the ASHRAE test procedure mandated by the DOE 
regulations provides that the defrost adequacy assurance test ``shall 
verify that any defrost setting and arrangement is adequate to melt all 
frost and ice from coils and flues and drain it out of the 
refrigerator.'' \9\ Based on the assumption that all refrigerators and 
freezers that have evaporator coils from which frost must be melted 
regularly in order to function, the test procedure calls for starting 
testing with a full defrost cycle, and may require additional defrost 
cycles in a 24-hour period before the test is complete (depending on 
the expected operation of the model).
---------------------------------------------------------------------------

    \9\ ANSI/ASHRAE Standard 72-2005, ``Method of Testing Commercial 
Refrigerators and Freezers,'' Sec.  7.8 (Defrost Adequacy 
Assurance). ASHRAE 72-2005 is incorporated by reference in the DOE 
test procedure. 10 C.F.R. Sec.  431.63(d)(1).
---------------------------------------------------------------------------

    But as currently configured, the AHT multi-mode appliances 
operating in freezer mode have no defrost cycle and one is not 
possible. As a result, the test procedure, which provides for at least 
one full defrost cycle in a 24-hour period is not appropriate for these 
models. It would grievously overstate their energy consumption.
    Accordingly, AHT asks for a waiver to test its multi-mode 
appliances in freezer mode without a defrost cycle. It would continue 
to test these appliances in refrigerator and ice cream freezer mode as 
set forth in its initial Petition, or as that test is modified by any 
initial waiver granted by the Department.

III. Proposed Alternate Test Procedure

    Under the applicable DOE regulations, the testing protocol that 
would otherwise be applicable to the freezer mode of AHT's multi-mode 
appliances is set forth in ASHRAE 72- 2005, Method of Testing 
Commercial Refrigerators and Freezers. It requires including defrost 
cycles during the 24-hour test period.
    Since the freezer mode of AHT's multi-mode appliances has no 
defrost cycle, the proposed alternate testing procedure for the freezer 
mode follows the requirements of ASHRAE 72-2005 with the exception that 
no defrost cycles will be included in the testing protocol. As a 
result, no direct or indirect \10\ energy consumption associated with 
defrost operations will be included in the evaluation of the Daily 
Energy Consumption (DEC). Under the proposed alternate testing 
procedure, the test shall begin when steady state conditions occur.\11\ 
In addition, the alternate testing procedure uses the same requirements 
for door opening 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 allother data shall be recorded at three-minute 
intervals beginning at the start of the test and throughout the 24-hour 
testing period.
---------------------------------------------------------------------------

    \10\ Indirect energy consumption refers to the energy used 
during temperature pulldown after defrosting.
    \11\ Per ASHRAE 72-2005, steady state is defined 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'' (see ASHRAE 72, Section 3, 
Definitions).
---------------------------------------------------------------------------

IV. Request for Interim Waiver

    AHT also requests an interim waiver for its testing and rating of 
the basic models listed in Appendix I. Based on its merits, AHT's 
Freezer Mode Petition for Waiver is likely to be granted. Further, it 
is essential that an interim waiver be granted, because without waiver 
relief, AHT will be at a competitive disadvantage in the market for 
these important products and would suffer economic hardship. AHT would 
be subject to requirements that clearly should not apply to such 
products.

V. Other Manufacturers

    A list of manufacturers of all other basic models distributed in 
commerce in the United States and known to AHT to incorporate overall 
design characteristic(s) similar to those found in the basic model(s) 
that are the subject

[[Page 25663]]

of the petition is set forth in Appendix II.
* * * * *
    AHT requests expedited treatment of the Petition and Application.

Respectfully submitted,

Scott Blake Harris
John A. Hodges
Harris, Wiltshire & Grannis LLP
1919 M Street, NW Washington, DC 20036
(202) 730-1313
Counsel to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc.

May 16, 2017

Appendix I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models that are 
manufactured by AHT \12\:
---------------------------------------------------------------------------

    \12\ The ``F'' designation--for Freezer Mode--will appear only 
in CCMS and not on the units themselves.
---------------------------------------------------------------------------

IBIZA 100 NAM F
IBIZA 145 NAM F
IBIZA 210 NAM F
MALTA 145 NAM F
MALTA 185 NAM F
MANHATTAN 175 NAM F
MANHATTAN 210 NAM F
MIAMI 145 NAM F
MIAMI 185 NAM F
MIAMI 210 NAM F
MIAMI 250 NAM F
PARIS 145 NAM F
PARIS 185 NAM F
PARIS 210 NAM F
PARIS 250 NAM F
SYDNEY 175 NAM F
SYDNEY 210 NAM F
SYDNEY 213 NAM F
SYDNEY 223 NAM F
SYDNEY 230 NAM F
SYDNEY 250 NAM F
SYDNEY XL175 NAM F
SYDNEY XL210 NAM F
SYDNEY XL250 NAM F

Appendix II

    The following are manufacturers of all other basic models 
distributed in commerce in the United States and known to AHT to 
incorporate overall design characteristic(s) similar to those found 
in the basic model(s) that are the subject of the petition for 
waiver.

AMF Sales & Associates (importing LUCKDR)
ARNEG USA
Avanti Products LLC
Beverage Air
Dellfrio (importing Liebherr cabinets)
Electrolux Home Products
Excellence
Fogel de Centroamerica S.A.
Foshan City Shunde District Sansheng Electrical Manufacture Co., 
Ltd.
Hillphoenix
Hussmann
Innovative DisplayWorks Inc.
Jiangsu Baixue Electric Appliances Co., Ltd.
Metalfrio Solutions Mexico S.A.
Mimet S.A.
Minus Forty Technologies Corp.
MTL Cool
Novum USA
Ojeda USA Panasonic
PREMIERE Corporation
Sanden Vendo
Silver King
Stajac Industries
Thermell Manufacturing
True Manufacturing Co.
Turbo-Air
Vestfrost Solutions

[FR Doc. 2018-11937 Filed 6-1-18; 8:45 am]
 BILLING CODE 6450-01-P
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