Notice of Petition for Waiver of HH Technologies From the Department of Energy Walk-in Cooler and Walk-in Freezer Test Procedure, and Notice of Grant of Interim Waiver, 28211-28217 [2018-13015]
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
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[FR Doc. 2018–13052 Filed 6–15–18; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
[Case No. 2018–001]
Notice of Petition for Waiver of HH
Technologies From the Department of
Energy Walk-in Cooler and Walk-in
Freezer Test Procedure, and Notice of
Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of an interim waiver, and
request for comments.
AGENCY:
This document announces
receipt of, and publishes a petition for
waiver from, HH Technologies, which
seeks an exemption from specified
portions of the U.S. Department of
Energy (‘‘DOE’’) test procedure used for
determining the energy consumption of
walk-in cooler and walk-in freezer doors
(collectively, ‘‘walk-in doors’’). HH
Technologies seeks to use an alternate
test procedure to address issues
involved in testing the basic models
identified in its petition. HH
Technologies asserts in its petition that
the percent time off (‘‘PTO’’) value
specified in the test procedure for walkin door motors is unrepresentative of
actual performance and causes the test
procedure to over-estimate the energy
use of the motors used in the specified
walk-in door basic models. Accordingly,
HH Technologies seeks to test and rate
the basic models identified in its
petition using an alternate PTO value
for walk-in door motors. DOE is granting
HH Technologies an interim waiver
from the DOE’s walk-in door test
procedure for its specified basic models,
subject to use of the alternative test
procedure as set forth in this document.
DOE solicits comments, data, and
information concerning HH
Technologies’ petition and its suggested
alternate test procedure to inform its
final decision on HH Technologies’
waiver request.
SUMMARY:
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DOE will accept comments, data,
and information with respect to the HH
Technologies Petition until July 18,
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 ‘‘2018–001,’’ and Docket
number ‘‘EERE–2018–BT–WAV–0001,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: HHT2018WAV0001@
ee.doe.gov Include the case number
[Case No. 2018–001] in the subject line
of the message.
• Postal Mail: Ms. Lucy deButts, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
Petition for Waiver Case No. 2018–001,
1000 Independence Avenue SW,
Washington, DC 20585–0121. 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.
If possible, please submit all items on a
compact disc (‘‘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/docket?
D=EERE-2018-BT-WAV-0001. The
docket web page 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, Building Technologies Office,
Mailstop EE–5B, 1000 Independence
DATES:
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Avenue SW, Washington, DC 20585–
0121. Email: AS_Waiver_Requests@
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. E-mail:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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I. Background and Authority
The Energy Policy and Conservation
Act of 1975, as amended (‘‘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, sec. 441 (Nov. 9, 1978),
established the Energy Conservation
Program for Certain Industrial
Equipment, which sets forth a variety of
provisions designed to improve energy
efficiency for certain types of industrial
equipment. This equipment includes
walk-in coolers and walk-in freezers, the
focus of this document. (42 U.S.C.
6311(1)(G))
Under EPCA, DOE’s energy
conservation program consists
essentially of four parts: (1) Testing, (2)
labeling, (3) Federal energy conservation
standards, and (4) certification and
enforcement procedures. Relevant
provisions of the Act include definitions
(42 U.S.C. 6311), energy conservation
standards (42 U.S.C. 6313), test
procedures (42 U.S.C. 6314), labeling
provisions (42 U.S.C. 6315), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6316).
The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) Certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and
(2) making representations about the
efficiency of that equipment (42 U.S.C.
6314(d)). Similarly, DOE must use these
test procedures to determine whether
the equipment complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6316(a); 42 U.S.C. 6295(s))
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 redesignated as Part A–1.
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Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered equipment.
EPCA requires that any test procedures
prescribed or amended under this
section must be reasonably designed to
produce test results reflecting the energy
efficiency, energy use, or estimated
annual operating costs during a
representative average use cycle, and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6314(a)(2)) The test procedure for
walk-in doors is contained in 10 CFR
part 431, subpart R, appendix A.
The regulations set forth in 10 CFR
431.401 provide that upon receipt of a
petition, DOE will grant a waiver from
the test procedure requirements if DOE
determines either that the basic model
for which the waiver was requested
contains a design characteristic that
prevents testing of the basic model
according to the prescribed test
procedure, or that the prescribed test
procedure evaluates the basic model in
a manner so unrepresentative of its true
energy consumption characteristics as to
provide materially inaccurate
comparative data. 10 CFR 431.401(f)(2).
DOE may grant the waiver subject to
conditions, including adherence to
alternate test procedures. Id.
As soon as practicable after the
granting of any waiver, DOE will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. 10
CFR 431.401(l) As soon thereafter as
practicable, DOE will publish in the
Federal Register a final rule. Id.
The waiver process also provides that
DOE may grant an interim waiver if it
appears likely that the underlying
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).
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II. HH Technologies’ Petition for
Waiver and Application for Interim
Waiver
On January 9, 2018, HH Technologies
filed a petition for waiver and a petition
for interim waiver from the test
procedure applicable to walk-in doors
set forth in 10 CFR part 431, subpart R,
appendix A. (HH Technologies, No. 1 at
pp. 1–7 3) Appendix A accounts for the
power consumption of all electrical
components associated with each door
and discounts the power consumption
of electrical components based on their
operating time by an assigned PTO
value. 10 CFR part 431, subpart R,
appendix A, section 4.5.2. Section 4.5.2
specifies a PTO of 25% for ‘‘other
electricity-consuming devices’’ (i.e.,
electrical devices other than lighting or
anti-sweat heaters) that have demandbased controls, and a PTO of 0% for
other electricity-consuming devices
without a demand-based control. As
described in its petition, the walk-in
door basic models specified by HH
Technologies are automated and
designed with microprocessor controls
that use motion sensor inputs to trigger
a door motor, which is considered to fall
within the category of ‘‘other electricityconsuming devices with demand-based
control.’’ 4 HH Technologies states that
the controller standby power is
continuous with motor power
consumed solely for door openings and
closing.
In its petition, HH Technologies states
that the DOE test procedure does not
represent the power consumption saved
by automated door controls in high
traffic applications. HH Technologies
notes that its performance data show
that its doors are cycled (i.e., opened
and closed) between 100 and 300 times
per day. HH Technologies adds that the
doors specified in its petition have a 10second cycle time (5 seconds to open
and 5 seconds to close). Assuming doorcycling frequency at the upper end of
the range (300 cycles per day), HH
Technologies calculates that the total
run time of the motor would be
approximately 50 minutes (0.83 hours)
3 A notation in this form provides a reference for
information that is in the docket for this test
procedure waiver (Docket No. EERE–2018–BT–
WAV–0001) (available at https://
www.regulations.gov/docket?D=EERE-2018-BTWAV-0001). This notation indicates that the
statement preceding the reference is document
number 1 in the docket and appears at pages 1–7
of that document.
4 The specific walk-in door basic models that are
subject of the petition for waiver and application for
interim waiver are included in HH Technologies’
petition, which is reproduced at the end of this
document. It is also available in the docket at https://
www.regulations.gov/docket?D=EERE-2018-BTWAV-0001.
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per day. HH Technologies states that for
the remaining 23.2 hours, the drive
motor is disengaged and the controller
is on standby. Based on this standby
time, HH Technologies petitioned DOE
to apply a PTO value of 96% for the
automated walk-in door motors of the
basic models specified in its petition.
DOE understands that absent an
interim waiver, the specified basic
models cannot be tested and rated for
energy consumption on a basis
representative of their true energy
consumption characteristics. The doors
specified in its petition are motoroperated with a demand-based control.
As described by HH Technologies the
motor does not operate for 96% of the
day, but the DOE test procedure
specifies a 25% PTO value for this type
of electrical device. While DOE believes
the energy consumption from the motor
and controls should be accounted for as
part of the door’s daily energy
consumption, DOE agrees with HH
Technologies that the PTO value
specified by the test procedure would
grossly overestimate the power
consumption associated with the motor
and controls.
In assessing HH Technologies’
proposed PTO value, DOE considered
the key factors affecting the daily run
time of a door motor: The door’s length
of motion, motor speed, and use
frequency. In addition to the material
submitted by HH Technologies, DOE
reviewed HH Technologies’ publicfacing materials, including websites,
product specification sheets, and
installation and operation manuals.
DOE used these materials in its
assessment of HH Technologies’
proposed PTO. All materials reviewed
by DOE can be found in the docket.5
First, DOE considered the length of
motion for the models listed in the
petition. All of the models listed in HH
Technologies’ waiver are in either the
RS–500 or RS–600 series of its RollSeal
brand. Unlike typical horizontallysliding walk-in doors, RollSeal doors
consist of three layers of fabric that are
rolled vertically from the top of the door
frame to the floor, where a seal is
created. Therefore, the length of motion
for RollSeal doors is equivalent to the
door height. HH Technologies’ petition
proposes to apply a uniform PTO value
to all of the listed basic models, with
heights ranging from 60 to 144 inches
for RS500 models and 84 to 144 inches
for RS600 models. Therefore, assuming
the most consumptive scenario, DOE
used the tallest door height, i.e. longest
5 The docket is available at https://
www.regulations.gov/docket?D=EERE-2018-BTWAV-0001.
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length of motion (144 inches), to
evaluate HH Technologies’ proposed
PTO.
Second, DOE considered the motor
speed for the models listed in the
petition. HH Technologies’ product
literature indicates that both RS–500
and RS–600 models are sold with
multiple options for raising the door—
both motorized and non-motorized:
Intelli-Drive/SC325 (‘‘Intelli-Drive’’)
motor, Jackshaft Operator Gear Head
(‘‘Jackshaft’’) motor, or Manual Chain
Hoist (not electricity-consuming and
therefore not considered).6 HH
Technologies’ product literature
indicates that the door speed differs
between motor options—the Jackshaft
motor option has a slower listed door
speed for all models listed in the
waiver, operating at 10 inches per
second for RS–500 models and 20
inches per second for RS–600 models.
HH Technologies did not specify a
motor type in its petition and therefore
DOE understands that HH Technologies
intends to apply a uniform PTO value
to all of the listed basic models,
irrespective of motor type. Therefore,
assuming the most consumptive
scenario, DOE used the slowest motor
available for the listed models (RS–500
Jackshaft motor, 10 inches per second)
to evaluate HH Technologies’ proposed
PTO.
Finally, DOE considered the use
frequency of the types of doors listed in
HH Technologies petition. Although not
in the context of electricity-consuming
devices, DOE previously considered the
operational characteristics of passage
and freight doors in proposing a
procedure to determine the energy use
associated with infiltration resulting
from the opening of the walk-in doors.
75 FR 55068, 55085 (September 9, 2010)
(‘‘September 2010 SNOPR’’)
(supplemental proposal discussing
potential assumptions to apply to
address air infiltration across door
types). In that context, DOE proposed,
based on market research and
stakeholder feedback, that passage and
freight doors have 60 and 120 openings
per day, respectively. Id.7 DOE used its
previously proposed use frequencies as
a reference point for evaluating HH
Technologies’ petition. Some of the
models listed in the petition meet the
definition of a freight door, ‘‘a door that
is not a display door and is equal to or
6 Docket items 2–5, available at https://
www.regulations.gov/docket?D=EERE-2018-BTWAV-0001.
7 DOE’s prior consideration did not distinguish
between motorized and non-motorized doors and
DOE ultimately declined to include door opening
infiltration measurements of the test procedure for
walk-ins. See 76 FR 21580, 21595 (April 15, 2011).
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larger than 4 feet wide and 8 feet tall’’
(10 CFR 431.302). Therefore, assuming
the most consumptive scenario, DOE
counted 120 cycles per day to evaluate
HH Technologies’ proposed PTO.
In order to evaluate the PTO value HH
Technologies requested to use, DOE
used the door characteristics DOE
identified in its review of HH
Technologies marketing materials and
the door use frequency DOE proposed in
the September 2010 SNOPR to calculate
a PTO value for comparison. Applying
the most consumptive scenario as
discussed above, i.e. a 144-inch-tall
RS500 door with a motor speed of 10
inches per second that undergoes 120
cycles per day, would yield a PTO value
of 96%, which is consistent with the
value set forth in HH Technologies’
petition. Accordingly, DOE believes that
the PTO value that HH Technologies
seeks to use is appropriate.
In its petition, HH Technologies also
noted that the door controller
continuously draws a small amount of
standby power. DOE assumes that the
controller standby power consumption
is negligible relative to motor power
consumption during opening and
closing operations (i.e., the controller
has a low amount of energy use relative
to the energy use of the motor used to
open and close the door). Therefore,
DOE believes that the proposed PTO
value, which was calculated assuming a
conservatively high door use frequency,
sufficiently captures this minimal
standby power consumption.
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). As discussed
above, under the current DOE test
procedure, the specified HH
Technologies basic models cannot be
tested and rated for energy consumption
on a basis representative of their true
energy consumption characteristics. The
PTO value suggested by HH
Technologies allows for an accurate
estimation of its walk-in door motor’s
energy use, and alleviates the problems
with walk-in door testing identified by
HH Technologies for the basic models
specified in its petition. Thus, it appears
likely that HH Technologies’ petition for
waiver will be granted. Furthermore,
DOE has determined that it is desirable
for public policy reasons to grant HH
Technologies immediate relief pending
a determination of the petition for
waiver.
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III. Alternate Test Procedure
EPCA requires that manufacturers use
DOE test procedures when making
representations about the energy
consumption and energy consumption
costs of products 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 products and 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
consideration of public comments on
the petition, DOE will consider setting
an alternate test procedure for the
equipment identified by HH
Technologies in a subsequent Decision
and Order.
In its petition, HH Technologies
suggests that the basic models listed in
its petition be tested according to the
test procedure for walk-in doors
prescribed by DOE at 10 CFR part 431,
subpart R, appendix A, except that the
PTO value for door motors is modified
from 25% to 96% for freight and
passage doors.
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IV. Summary of Grant of an Interim
Waiver
For the reasons stated above, DOE is
granting HH Technologies an interim
waiver for the walk-in door basic
models specified in its petition. DOE’s
Interim Waiver Order lists the basic
models to which the interim waiver
applies, and provides that the
applicable method of test for those basic
models is the test procedure for walk-in
doors prescribed by DOE at 10 CFR part
431, subpart R, appendix A, except that
the PTO specified in section 4.5.2
‘‘Direct Energy Consumption of
Electrical Components of Non-Display
Doors’’ of that procedure is 96% for
door motors rather than the prescribed
25%.
HH Technologies is required to use
the alternate test procedure to test and
rate the walk-in door basic models as
specified in DOE’s Interim Waiver
Order. HH Technologies is permitted to
make representations of the energy use
of the specified basic models for
compliance, marketing, or other
purposes only to the extent that such
products 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 429.53.
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DOE evaluates and grants 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. HH
Technologies 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). 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).
Unless otherwise rescinded or
modified, the interim waiver shall
remain in effect until such time as when
DOE amends the test procedure to
address the issues presented in the
waiver and use of the amended test
procedure is required to demonstrate
compliance. 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)(1). Likewise, the
petitioner may request that DOE rescind
or modify the waiver if the petitioner
discovers an error in the information
provided to DOE as part of its petition,
determines that the waiver is no longer
needed, or for other appropriate reasons.
See 10 CFR 431.401(k)(2). Furthermore,
the interim waiver is conditioned upon
the validity of the door motor
performance characteristics, statements,
representations, and documentary
materials provided by HH Technologies.
V. Request for Comments
DOE is publishing HH Technologies’
petition for waiver in its entirety,
pursuant to 10 CFR 431.401(b)(1)(iv),
absent any confidential business
information. HH Technologies did not
request any of the information in its
petition to be considered confidential
business information. The petition
includes a suggested alternate test
procedure, as specified in section III of
this document, to determine the
efficiency of HH Technologies’ specified
basic models of walk-in doors. DOE may
consider including the alternate
procedure specified in the Interim
Waiver Order in a subsequent Decision
and Order.
DOE invites all interested parties to
submit in writing by July 18, 2018,
comments and information on all
aspects of the petition, including the
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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 Brian Peppers,
BPeppers@hhtech.net, 1733 County
Road 68, Bremen, AL 35033.
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
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Submitting comments via email, hand
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documents submitted via email, hand
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Submit these documents via email or on
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and why such items are customarily
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industry, (3) whether the information is
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18:00 Jun 15, 2018
Jkt 244001
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
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the public interest.
It is DOE’s policy that all comments
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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 June 8,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
HH Technologies HH
Technologies
1733 County Road 68
Bremen, AL 35033
21 Dec 2017
U.S. Department of Energy
Building Technologies Office
Test Procedure Waiver
1000 Independence Avenue SW
Mailstop EE–5B
Washington, DC 20585–0121
Petition of HH Technologies for Waiver
of the Test Procedure for Walk-in
Cooler Doors
HH Technologies submits this
Petition for Waiver and Application for
Interim Waiver from DOE’s test
procedure for walk-in cooler doors in
accordance with the provisions at 10
CFR 431.401.
Need for the Requested Waiver and
Proposed Alternate Test Procedure
The current DOE test procedure,
Appendix A to Subpart R of Part 431—
Uniform Test Method for the
Measurement of Energy Consumption of
the Components of Envelopes of WalkIn Coolers accounts for the thermal
transmittance of walk-in cooler doors
plus the power consumption from any
electrical components associated with
the door. The test procedure discounts
the power consumption of electrical
components based on their operating
time by an assigned PTO value. Section
4.5.2, Direct Energy Consumption of
Electrical Components of Non-Display
Doors, specifies a PTO of 25% for ‘‘other
electricity consuming devices’’ (i.e.,
electrical devices other than lighting or
PO 00000
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anti-sweat heaters) that have demand
based controls, and a PTO of 0% for
other electricity consuming devices
without a demand based control.
The RollSeal Door is an automated
system utilizing microprocessor controls
and proprietary sealing technology
minimizing infiltration losses from high
traffic loading and unloading of Walk-In
Cooler (WIC) doors. The microprocessor
utilizes motion sensor inputs that trigger
a door motor output for demand based
control. The controller standby power is
continuous with motor power
consumed solely for door openings and
closing. Standby controller power is
minimal while the drive motor
comprises the largest demand KW. For
a typical stand-alone cooler, the
controller and drive motor are installed
external to the cooler.
The door control sequences, stocking
scenarios and typical door passages for
high traffic applications are described
below:
The microprocessor controller has a
delay that will close the door after a
given time. For the below calculations,
this delay is factory set to 45 seconds.
The door takes 5 seconds to open as
well as 5 seconds to close. The only
time the motor is running is during this
5 second open or close sequence due to
the fact that the motor is disengaged
while the door is in the delay at the top
of the cycle. Performance data collected
over time shows the door is typically
cycled between 100 and up to 300 times
per day depending on the degree of
traffic. With a total open and close cycle
being 10 seconds and this cycle being
initiated at an upper limit of 300 times
per day, the total run time of the motor
is found to be approximately 50 minutes
per day or 0.83 hours per day. The
remaining 23.2 hours, the drive motor is
disengaged and the controller is on
standby. This 100 to 300 passage
approximation comes from a
combination of all applications from
Employee Passages to Freight Passages
with 300 cycles being the conservative
upper limit. Table 1 shows PTO
Calculations.
PTO Calculations
Door Passages .............
Passage Run Time .......
Total Run Time .............
Total Run Time .............
Total Standby Time ......
Percent time off (PTO)
300
10
50.00
0.833
23.17
0.965
Cycles.
Seconds.
Min/Day.
Hr/Day.
Hr/Day.
N/A.
Table 1: Percent Time Off Calculations
As shown in Table 1, the PTO Value
is based on the total standby time for a
given day. The current test procedure
for demand based controls does not
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
represent the power consumption saved
by automated door controls in high
traffic applications. Therefore, HH
Technologies requests a waiver to use a
minimum PTO value of 96% where
drive motor ‘‘off time’’ is over 23 hours
even with exceedingly high door cycles.
The request applies to Section 4.5.2
(a.3). However, it is suggested a standalone door motor energized only during
either opening or closing of the door
results in a significantly less ‘‘on’’ time
even with shorter door opening cycles.
Request for Interim Waiver
HH Technologies also request an
interim waiver for its models listed in
this petition. Based on its merits, the
petition for waiver is likely to be
granted. It is essential the interim
waiver be granted, as HH Technologies
plans to distribute models that subject
to the energy conservation standards for
which compliance was required on June
26, 2017. Without waiver relief, HH
Technologies will be at a competitive
disadvantage in the market for these
important products and would suffer
economic hardship. HH Technologies
would be subject to requirements which
should not be applied to such products.
Basic Models for Which a Waiver is
Requested
The brand(s) and basic models for
which a waiver is requested include:
amozie on DSK3GDR082PROD with NOTICES1
Brand name(s) under which the identified basic model(s) will be distributed in commerce
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
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Automated
Automated
Automated
Automated
Automated
Automated
Automated
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Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
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Automated
Automated
Automated
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Automated
Automated
Automated
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Brand name(s) under which the identified basic model(s) will be distributed in commerce
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
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RollSeal
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RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
RollSeal
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Automated
Door
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Other Manufacturers
Manufacturers of other basic models
distributed in commerce in the United
States that incorporate design
characteristics similar to those found in
the basic models that are the subject of
this petition include: ASIDOORS,
JAMISON, CHASE DOORS, HERCULES,
EDEY, and FRANK.
BRIAN PEPPERS
VP of Product Marketing
[FR Doc. 2018–13015 Filed 6–15–18; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Notice of Intent To Grant an Exclusive
License
National Energy Technology
Laboratory, Department of Energy.
ACTION: Notice of intent to grant an
exclusive license.
amozie on DSK3GDR082PROD with NOTICES1
AGENCY:
The National Energy
Technology Laboratory (NETL) hereby
gives notice that the Department of
Energy (DOE) intends to grant an
exclusive license to practice the
invention described and claimed in U.S.
Patent Application Number 62/514,355,
SUMMARY:
VerDate Sep<11>2014
18:00 Jun 15, 2018
Basic model Nos.
Jkt 244001
‘‘Method of Exhaust Cleanup from
Combustion Processes Using MixedMetal Oxide (MMO) Based Catalysts’’ to
Pyrochem Catalyst Company, having its
principal place of business in
Louisville, Kentucky. The invention is
owned by the United States of America,
as represented by DOE.
DATES: Written comments, objections, or
nonexclusive license applications must
be received at the ADDRESSES listed no
later than July 3, 2018. Objections
submitted in response to this notice will
not be made available to the public for
inspection and, to the extent permitted
by law, will not be released under the
Freedom of Information Act, 5 U.S.C.
552.
ADDRESSES: Comments, applications for
nonexclusive licenses, or objections
relating to the prospective partially
exclusive license should be submitted to
Jessica Lamp, Technology Transfer
Program Manager, U.S. Department of
Energy, National Energy Technology
Laboratory, P.O. Box 10940, Pittsburgh,
PA 15236–0940 or via facsimile to (412)
386–4183.
FOR FURTHER INFORMATION CONTACT:
Jessica Lamp, Technology Transfer
Program Manager, U.S. Department of
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Energy, National Energy Technology
Laboratory, P.O. Box 10940, Pittsburgh,
PA 15236; Telephone (412) 386–7417;
Email: jessica.lamp@netl.doe.gov.
SUPPLEMENTARY INFORMATION: Section
209(c) of title 35 of the United States
Code gives DOE the authority to grant
exclusive or partially exclusive licenses
in Department-owned inventions where
a determination is made, among other
things, that the desired practical
application of the invention has not
been achieved, or is not likely to be
achieved expeditiously, under a
nonexclusive license. The statute and
implementing regulations (37 CFR 404)
require that the necessary
determinations be made after public
notice and opportunity for filing written
comments and objections.
Pyrochem Catalyst Company, has
applied for an exclusive license to
practice the invention and has a plan for
commercialization of the invention.
DOE intends to grant the license, upon
a final determination in accordance
with 35 U.S.C. 209(c), unless within 15
days of publication of this notice,
NETL’s Technology Transfer Program
Manager (contact information listed
above) receives in writing any of the
E:\FR\FM\18JNN1.SGM
18JNN1
Agencies
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28211-28217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13015]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case No. 2018-001]
Notice of Petition for Waiver of HH Technologies From the
Department of Energy Walk-in Cooler and Walk-in Freezer Test Procedure,
and Notice of Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, notice of grant of an interim
waiver, and request for comments.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt of, and publishes a petition
for waiver from, HH Technologies, which seeks an exemption from
specified portions of the U.S. Department of Energy (``DOE'') test
procedure used for determining the energy consumption of walk-in cooler
and walk-in freezer doors (collectively, ``walk-in doors''). HH
Technologies seeks to use an alternate test procedure to address issues
involved in testing the basic models identified in its petition. HH
Technologies asserts in its petition that the percent time off
(``PTO'') value specified in the test procedure for walk-in door motors
is unrepresentative of actual performance and causes the test procedure
to over-estimate the energy use of the motors used in the specified
walk-in door basic models. Accordingly, HH Technologies seeks to test
and rate the basic models identified in its petition using an alternate
PTO value for walk-in door motors. DOE is granting HH Technologies an
interim waiver from the DOE's walk-in door test procedure for its
specified basic models, subject to use of the alternative test
procedure as set forth in this document. DOE solicits comments, data,
and information concerning HH Technologies' petition and its suggested
alternate test procedure to inform its final decision on HH
Technologies' waiver request.
DATES: DOE will accept comments, data, and information with respect to
the HH Technologies Petition until July 18, 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 ``2018-001,'' and Docket number ``EERE-2018-BT-WAV-0001,''
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected] Include the case number
[Case No. 2018-001] in the subject line of the message.
Postal Mail: Ms. Lucy deButts, U.S. Department of Energy,
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case
No. 2018-001, 1000 Independence Avenue SW, Washington, DC 20585-0121.
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. If possible, please
submit all items on a compact disc (``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/docket?D=EERE-2018-BT-WAV-0001. The docket web page 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, Building Technologies Office, Mailstop EE-5B, 1000 Independence
[[Page 28212]]
Avenue SW, Washington, DC 20585-0121. Email:
[email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
The Energy Policy and Conservation Act of 1975, as amended
(``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, sec. 441 (Nov. 9, 1978),
established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy efficiency for certain types of industrial equipment. This
equipment includes walk-in coolers and walk-in freezers, the focus of
this document. (42 U.S.C. 6311(1)(G))
---------------------------------------------------------------------------
\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 redesignated as Part A-1.
---------------------------------------------------------------------------
Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of the Act include definitions (42
U.S.C. 6311), energy conservation standards (42 U.S.C. 6313), test
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and
the authority to require information and reports from manufacturers (42
U.S.C. 6316).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine whether the equipment complies
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42
U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered equipment. EPCA requires that any test procedures prescribed or
amended under this section must be reasonably designed to produce test
results reflecting the energy efficiency, energy use, or estimated
annual operating costs during a representative average use cycle, and
requires that test procedures not be unduly burdensome to conduct. (42
U.S.C. 6314(a)(2)) The test procedure for walk-in doors is contained in
10 CFR part 431, subpart R, appendix A.
The regulations set forth in 10 CFR 431.401 provide that upon
receipt of a petition, DOE will grant a waiver from the test procedure
requirements if DOE determines either that the basic model for which
the waiver was requested contains a design characteristic that prevents
testing of the basic model according to the prescribed test procedure,
or that the prescribed test procedure evaluates the basic model in a
manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 431.401(f)(2). DOE may grant the waiver subject to conditions,
including adherence to alternate test procedures. Id.
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 431.401(l) As soon thereafter as practicable,
DOE will publish in the Federal Register a final rule. Id.
The waiver process also provides that DOE may grant an interim
waiver if it appears likely that the underlying 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. HH Technologies' Petition for Waiver and Application for Interim
Waiver
On January 9, 2018, HH Technologies filed a petition for waiver and
a petition for interim waiver from the test procedure applicable to
walk-in doors set forth in 10 CFR part 431, subpart R, appendix A. (HH
Technologies, No. 1 at pp. 1-7 \3\) Appendix A accounts for the power
consumption of all electrical components associated with each door and
discounts the power consumption of electrical components based on their
operating time by an assigned PTO value. 10 CFR part 431, subpart R,
appendix A, section 4.5.2. Section 4.5.2 specifies a PTO of 25% for
``other electricity-consuming devices'' (i.e., electrical devices other
than lighting or anti-sweat heaters) that have demand-based controls,
and a PTO of 0% for other electricity-consuming devices without a
demand-based control. As described in its petition, the walk-in door
basic models specified by HH Technologies are automated and designed
with microprocessor controls that use motion sensor inputs to trigger a
door motor, which is considered to fall within the category of ``other
electricity-consuming devices with demand-based control.'' \4\ HH
Technologies states that the controller standby power is continuous
with motor power consumed solely for door openings and closing.
---------------------------------------------------------------------------
\3\ A notation in this form provides a reference for information
that is in the docket for this test procedure waiver (Docket No.
EERE-2018-BT-WAV-0001) (available at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001). This notation indicates that the
statement preceding the reference is document number 1 in the docket
and appears at pages 1-7 of that document.
\4\ The specific walk-in door basic models that are subject of
the petition for waiver and application for interim waiver are
included in HH Technologies' petition, which is reproduced at the
end of this document. It is also available in the docket at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001.
---------------------------------------------------------------------------
In its petition, HH Technologies states that the DOE test procedure
does not represent the power consumption saved by automated door
controls in high traffic applications. HH Technologies notes that its
performance data show that its doors are cycled (i.e., opened and
closed) between 100 and 300 times per day. HH Technologies adds that
the doors specified in its petition have a 10-second cycle time (5
seconds to open and 5 seconds to close). Assuming door-cycling
frequency at the upper end of the range (300 cycles per day), HH
Technologies calculates that the total run time of the motor would be
approximately 50 minutes (0.83 hours)
[[Page 28213]]
per day. HH Technologies states that for the remaining 23.2 hours, the
drive motor is disengaged and the controller is on standby. Based on
this standby time, HH Technologies petitioned DOE to apply a PTO value
of 96% for the automated walk-in door motors of the basic models
specified in its petition.
DOE understands that absent an interim waiver, the specified basic
models cannot be tested and rated for energy consumption on a basis
representative of their true energy consumption characteristics. The
doors specified in its petition are motor-operated with a demand-based
control. As described by HH Technologies the motor does not operate for
96% of the day, but the DOE test procedure specifies a 25% PTO value
for this type of electrical device. While DOE believes the energy
consumption from the motor and controls should be accounted for as part
of the door's daily energy consumption, DOE agrees with HH Technologies
that the PTO value specified by the test procedure would grossly
overestimate the power consumption associated with the motor and
controls.
In assessing HH Technologies' proposed PTO value, DOE considered
the key factors affecting the daily run time of a door motor: The
door's length of motion, motor speed, and use frequency. In addition to
the material submitted by HH Technologies, DOE reviewed HH
Technologies' public-facing materials, including websites, product
specification sheets, and installation and operation manuals. DOE used
these materials in its assessment of HH Technologies' proposed PTO. All
materials reviewed by DOE can be found in the docket.\5\
---------------------------------------------------------------------------
\5\ The docket is available at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001.
---------------------------------------------------------------------------
First, DOE considered the length of motion for the models listed in
the petition. All of the models listed in HH Technologies' waiver are
in either the RS-500 or RS-600 series of its RollSeal brand. Unlike
typical horizontally-sliding walk-in doors, RollSeal doors consist of
three layers of fabric that are rolled vertically from the top of the
door frame to the floor, where a seal is created. Therefore, the length
of motion for RollSeal doors is equivalent to the door height. HH
Technologies' petition proposes to apply a uniform PTO value to all of
the listed basic models, with heights ranging from 60 to 144 inches for
RS500 models and 84 to 144 inches for RS600 models. Therefore, assuming
the most consumptive scenario, DOE used the tallest door height, i.e.
longest length of motion (144 inches), to evaluate HH Technologies'
proposed PTO.
Second, DOE considered the motor speed for the models listed in the
petition. HH Technologies' product literature indicates that both RS-
500 and RS-600 models are sold with multiple options for raising the
door--both motorized and non-motorized: Intelli-Drive/SC325 (``Intelli-
Drive'') motor, Jackshaft Operator Gear Head (``Jackshaft'') motor, or
Manual Chain Hoist (not electricity-consuming and therefore not
considered).\6\ HH Technologies' product literature indicates that the
door speed differs between motor options--the Jackshaft motor option
has a slower listed door speed for all models listed in the waiver,
operating at 10 inches per second for RS-500 models and 20 inches per
second for RS-600 models. HH Technologies did not specify a motor type
in its petition and therefore DOE understands that HH Technologies
intends to apply a uniform PTO value to all of the listed basic models,
irrespective of motor type. Therefore, assuming the most consumptive
scenario, DOE used the slowest motor available for the listed models
(RS-500 Jackshaft motor, 10 inches per second) to evaluate HH
Technologies' proposed PTO.
---------------------------------------------------------------------------
\6\ Docket items 2-5, available at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001.
---------------------------------------------------------------------------
Finally, DOE considered the use frequency of the types of doors
listed in HH Technologies petition. Although not in the context of
electricity-consuming devices, DOE previously considered the
operational characteristics of passage and freight doors in proposing a
procedure to determine the energy use associated with infiltration
resulting from the opening of the walk-in doors. 75 FR 55068, 55085
(September 9, 2010) (``September 2010 SNOPR'') (supplemental proposal
discussing potential assumptions to apply to address air infiltration
across door types). In that context, DOE proposed, based on market
research and stakeholder feedback, that passage and freight doors have
60 and 120 openings per day, respectively. Id.\7\ DOE used its
previously proposed use frequencies as a reference point for evaluating
HH Technologies' petition. Some of the models listed in the petition
meet the definition of a freight door, ``a door that is not a display
door and is equal to or larger than 4 feet wide and 8 feet tall'' (10
CFR 431.302). Therefore, assuming the most consumptive scenario, DOE
counted 120 cycles per day to evaluate HH Technologies' proposed PTO.
---------------------------------------------------------------------------
\7\ DOE's prior consideration did not distinguish between
motorized and non-motorized doors and DOE ultimately declined to
include door opening infiltration measurements of the test procedure
for walk-ins. See 76 FR 21580, 21595 (April 15, 2011).
---------------------------------------------------------------------------
In order to evaluate the PTO value HH Technologies requested to
use, DOE used the door characteristics DOE identified in its review of
HH Technologies marketing materials and the door use frequency DOE
proposed in the September 2010 SNOPR to calculate a PTO value for
comparison. Applying the most consumptive scenario as discussed above,
i.e. a 144-inch-tall RS500 door with a motor speed of 10 inches per
second that undergoes 120 cycles per day, would yield a PTO value of
96%, which is consistent with the value set forth in HH Technologies'
petition. Accordingly, DOE believes that the PTO value that HH
Technologies seeks to use is appropriate.
In its petition, HH Technologies also noted that the door
controller continuously draws a small amount of standby power. DOE
assumes that the controller standby power consumption is negligible
relative to motor power consumption during opening and closing
operations (i.e., the controller has a low amount of energy use
relative to the energy use of the motor used to open and close the
door). Therefore, DOE believes that the proposed PTO value, which was
calculated assuming a conservatively high door use frequency,
sufficiently captures this minimal standby power consumption.
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). As discussed above, under the current DOE test
procedure, the specified HH Technologies basic models cannot be tested
and rated for energy consumption on a basis representative of their
true energy consumption characteristics. The PTO value suggested by HH
Technologies allows for an accurate estimation of its walk-in door
motor's energy use, and alleviates the problems with walk-in door
testing identified by HH Technologies for the basic models specified in
its petition. Thus, it appears likely that HH Technologies' petition
for waiver will be granted. Furthermore, DOE has determined that it is
desirable for public policy reasons to grant HH Technologies immediate
relief pending a determination of the petition for waiver.
[[Page 28214]]
III. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of products 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
products and 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 consideration of public comments on the petition,
DOE will consider setting an alternate test procedure for the equipment
identified by HH Technologies in a subsequent Decision and Order.
In its petition, HH Technologies suggests that the basic models
listed in its petition be tested according to the test procedure for
walk-in doors prescribed by DOE at 10 CFR part 431, subpart R, appendix
A, except that the PTO value for door motors is modified from 25% to
96% for freight and passage doors.
IV. Summary of Grant of an Interim Waiver
For the reasons stated above, DOE is granting HH Technologies an
interim waiver for the walk-in door basic models specified in its
petition. DOE's Interim Waiver Order lists the basic models to which
the interim waiver applies, and provides that the applicable method of
test for those basic models is the test procedure for walk-in doors
prescribed by DOE at 10 CFR part 431, subpart R, appendix A, except
that the PTO specified in section 4.5.2 ``Direct Energy Consumption of
Electrical Components of Non-Display Doors'' of that procedure is 96%
for door motors rather than the prescribed 25%.
HH Technologies is required to use the alternate test procedure to
test and rate the walk-in door basic models as specified in DOE's
Interim Waiver Order. HH Technologies is permitted to make
representations of the energy use of the specified basic models for
compliance, marketing, or other purposes only to the extent that such
products 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 429.53.
DOE evaluates and grants 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. HH Technologies 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). 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).
Unless otherwise rescinded or modified, the interim waiver shall
remain in effect until such time as when DOE amends the test procedure
to address the issues presented in the waiver and use of the amended
test procedure is required to demonstrate compliance. 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)(1). Likewise,
the petitioner may request that DOE rescind or modify the waiver if the
petitioner discovers an error in the information provided to DOE as
part of its petition, determines that the waiver is no longer needed,
or for other appropriate reasons. See 10 CFR 431.401(k)(2).
Furthermore, the interim waiver is conditioned upon the validity of the
door motor performance characteristics, statements, representations,
and documentary materials provided by HH Technologies.
V. Request for Comments
DOE is publishing HH Technologies' petition for waiver in its
entirety, pursuant to 10 CFR 431.401(b)(1)(iv), absent any confidential
business information. HH Technologies did not request any of the
information in its petition to be considered confidential business
information. The petition includes a suggested alternate test
procedure, as specified in section III of this document, to determine
the efficiency of HH Technologies' specified basic models of walk-in
doors. DOE may consider including the alternate procedure specified in
the Interim Waiver Order in a subsequent Decision and Order.
DOE invites all interested parties to submit in writing by July 18,
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 Brian Peppers, [email protected], 1733 County Road 68,
Bremen, AL 35033.
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.
[[Page 28215]]
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.
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 June 8, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
HH Technologies HH
Technologies
1733 County Road 68
Bremen, AL 35033
21 Dec 2017
U.S. Department of Energy
Building Technologies Office
Test Procedure Waiver
1000 Independence Avenue SW
Mailstop EE-5B
Washington, DC 20585-0121
Petition of HH Technologies for Waiver of the Test Procedure for Walk-
in Cooler Doors
HH Technologies submits this Petition for Waiver and Application
for Interim Waiver from DOE's test procedure for walk-in cooler doors
in accordance with the provisions at 10 CFR 431.401.
Need for the Requested Waiver and Proposed Alternate Test Procedure
The current DOE test procedure, Appendix A to Subpart R of Part
431--Uniform Test Method for the Measurement of Energy Consumption of
the Components of Envelopes of Walk-In Coolers accounts for the thermal
transmittance of walk-in cooler doors plus the power consumption from
any electrical components associated with the door. The test procedure
discounts the power consumption of electrical components based on their
operating time by an assigned PTO value. Section 4.5.2, Direct Energy
Consumption of Electrical Components of Non-Display Doors, specifies a
PTO of 25% for ``other electricity consuming devices'' (i.e.,
electrical devices other than lighting or anti-sweat heaters) that have
demand based controls, and a PTO of 0% for other electricity consuming
devices without a demand based control.
The RollSeal Door is an automated system utilizing microprocessor
controls and proprietary sealing technology minimizing infiltration
losses from high traffic loading and unloading of Walk-In Cooler (WIC)
doors. The microprocessor utilizes motion sensor inputs that trigger a
door motor output for demand based control. The controller standby
power is continuous with motor power consumed solely for door openings
and closing. Standby controller power is minimal while the drive motor
comprises the largest demand KW. For a typical stand-alone cooler, the
controller and drive motor are installed external to the cooler.
The door control sequences, stocking scenarios and typical door
passages for high traffic applications are described below:
The microprocessor controller has a delay that will close the door
after a given time. For the below calculations, this delay is factory
set to 45 seconds. The door takes 5 seconds to open as well as 5
seconds to close. The only time the motor is running is during this 5
second open or close sequence due to the fact that the motor is
disengaged while the door is in the delay at the top of the cycle.
Performance data collected over time shows the door is typically cycled
between 100 and up to 300 times per day depending on the degree of
traffic. With a total open and close cycle being 10 seconds and this
cycle being initiated at an upper limit of 300 times per day, the total
run time of the motor is found to be approximately 50 minutes per day
or 0.83 hours per day. The remaining 23.2 hours, the drive motor is
disengaged and the controller is on standby. This 100 to 300 passage
approximation comes from a combination of all applications from
Employee Passages to Freight Passages with 300 cycles being the
conservative upper limit. Table 1 shows PTO Calculations.
------------------------------------------------------------------------
------------------------------------------------------------------------
PTO Calculations
------------------------------------------------------------------------
Door Passages.......................... 300 Cycles.
Passage Run Time....................... 10 Seconds.
Total Run Time......................... 50.00 Min/Day.
Total Run Time......................... 0.833 Hr/Day.
Total Standby Time..................... 23.17 Hr/Day.
Percent time off (PTO)................. 0.965 N/A.
------------------------------------------------------------------------
Table 1: Percent Time Off Calculations
As shown in Table 1, the PTO Value is based on the total standby
time for a given day. The current test procedure for demand based
controls does not
[[Page 28216]]
represent the power consumption saved by automated door controls in
high traffic applications. Therefore, HH Technologies requests a waiver
to use a minimum PTO value of 96% where drive motor ``off time'' is
over 23 hours even with exceedingly high door cycles. The request
applies to Section 4.5.2 (a.3). However, it is suggested a stand-alone
door motor energized only during either opening or closing of the door
results in a significantly less ``on'' time even with shorter door
opening cycles.
Request for Interim Waiver
HH Technologies also request an interim waiver for its models
listed in this petition. Based on its merits, the petition for waiver
is likely to be granted. It is essential the interim waiver be granted,
as HH Technologies plans to distribute models that subject to the
energy conservation standards for which compliance was required on June
26, 2017. Without waiver relief, HH Technologies will be at a
competitive disadvantage in the market for these important products and
would suffer economic hardship. HH Technologies would be subject to
requirements which should not be applied to such products.
Basic Models for Which a Waiver is Requested
The brand(s) and basic models for which a waiver is requested
include:
------------------------------------------------------------------------
Brand name(s) under which the
identified basic model(s) will be Basic model Nos.
distributed in commerce
------------------------------------------------------------------------
RollSeal Automated Door System....... RS-500 D5036x075.
RollSeal Automated Door System....... RS-500 D5036x090.
RollSeal Automated Door System....... RS-500 D5042x072.
RollSeal Automated Door System....... RS-500 D5042X084.
RollSeal Automated Door System....... RS-500 D5048x060.
RollSeal Automated Door System....... RS-500 D5048x072.
RollSeal Automated Door System....... RS-500 D5048x084.
RollSeal Automated Door System....... RS-500 D5048X090.
RollSeal Automated Door System....... RS-500 D5054x084.
RollSeal Automated Door System....... RS-500 D5054x096.
RollSeal Automated Door System....... RS-500 D5057x102.
RollSeal Automated Door System....... RS-500 D5060x084.
RollSeal Automated Door System....... RS-500 D5060x090.
RollSeal Automated Door System....... RS-500 D5060X096.
RollSeal Automated Door System....... RS-500 D5060X108.
RollSeal Automated Door System....... RS-500 D5066x084.
RollSeal Automated Door System....... RS-500 D5066x108.
RollSeal Automated Door System....... RS-500 D5071x090.
RollSeal Automated Door System....... RS-500 D5072x084.
RollSeal Automated Door System....... RS-500 D5072x090.
RollSeal Automated Door System....... RS-500 D5072x096.
RollSeal Automated Door System....... RS-500 D5072x102.
RollSeal Automated Door System....... RS-500 D5072x105.
RollSeal Automated Door System....... RS-500 D5072X108.
RollSeal Automated Door System....... RS-500 D5072x114.
RollSeal Automated Door System....... RS-500 D5072X120.
RollSeal Automated Door System....... RS-500 D5072x126.
RollSeal Automated Door System....... RS-500 D5072x138.
RollSeal Automated Door System....... RS-500 D5073x092.
RollSeal Automated Door System....... RS-500 D5078x094.
RollSeal Automated Door System....... RS-500 D5078x102.
RollSeal Automated Door System....... RS-500 D5078X108.
RollSeal Automated Door System....... RS-500 D5084x084.
RollSeal Automated Door System....... RS-500 D5084x096.
RollSeal Automated Door System....... RS-500 D5084x102.
RollSeal Automated Door System....... RS-500 D5084x108.
RollSeal Automated Door System....... RS-500 D5084x114.
RollSeal Automated Door System....... RS-500 D5084x120.
RollSeal Automated Door System....... RS-500 D5084x126.
RollSeal Automated Door System....... RS-500 D5090x096
RollSeal Automated Door System....... RS-500 D5090x114.
RollSeal Automated Door System....... RS-500 D5090x120.
RollSeal Automated Door System....... RS-500 D5096x090.
RollSeal Automated Door System....... RS-500 D5096x096.
RollSeal Automated Door System....... RS-500 D5096x102.
RollSeal Automated Door System....... RS-500 D5096x114.
RollSeal Automated Door System....... RS-500 D5096x120.
RollSeal Automated Door System....... RS-500 D5096x126.
RollSeal Automated Door System....... RS-500 D5102x096.
RollSeal Automated Door System....... RS-500 D5102X108.
RollSeal Automated Door System....... RS-500 D5102x114.
RollSeal Automated Door System....... RS-500 D5102x120.
RollSeal Automated Door System....... RS-500 D5102x126.
RollSeal Automated Door System....... RS-500 D5108x102.
RollSeal Automated Door System....... RS-500 D5108x108.
RollSeal Automated Door System....... RS-500 D5118x084.
RollSeal Automated Door System....... RS-500 D5118x090.
RollSeal Automated Door System....... RS-500 D5118x096.
RollSeal Automated Door System....... RS-500 D5118x118.
[[Page 28217]]
RollSeal Automated Door System....... RS-500 D5120x090.
RollSeal Automated Door System....... RS-500 D5120x102.
RollSeal Automated Door System....... RS-500 D5120x108.
RollSeal Automated Door System....... RS-500 D5120x114.
RollSeal Automated Door System....... RS-500 D5120x120.
RollSeal Automated Door System....... RS-500 D5120x126.
RollSeal Automated Door System....... RS-500 D5120x138.
RollSeal Automated Door System....... RS-500 D5120x144.
RollSeal Automated Door System....... RS-500 D5123x102.
RollSeal Automated Door System....... RS-500 D5138x114.
RollSeal Automated Door System....... RS-500 D5144x144.
RollSeal Automated Door System....... RS-600 D6048x084.
RollSeal Automated Door System....... RS-600 D6048x090.
RollSeal Automated Door System....... RS-600 D6060x096.
RollSeal Automated Door System....... RS-600 D6060x120.
RollSeal Automated Door System....... RS-600 D6072x084.
RollSeal Automated Door System....... RS-600 D6072x090.
RollSeal Automated Door System....... RS-600 D6072x096.
RollSeal Automated Door System....... RS-600 D6072x102.
RollSeal Automated Door System....... RS-600 D6072x108.
RollSeal Automated Door System....... RS-600 D6078x126.
RollSeal Automated Door System....... RS-600 D6078x138.
RollSeal Automated Door System....... RS-600 D6084x102.
RollSeal Automated Door System....... RS-600 D6084x108.
RollSeal Automated Door System....... RS-600 D6090x126.
RollSeal Automated Door System....... RS-600 D6096x090.
RollSeal Automated Door System....... RS-600 D6096x096.
RollSeal Automated Door System....... RS-600 D6096x102.
RollSeal Automated Door System....... RS-600 D6096x108.
RollSeal Automated Door System....... RS-600 D6096x114.
RollSeal Automated Door System....... RS-600 D6096x120.
RollSeal Automated Door System....... RS-600 D6096x126.
RollSeal Automated Door System....... RS-600 D6108x108.
RollSeal Automated Door System....... RS-600 D6120x120.
RollSeal Automated Door System....... RS-600 D6144x108.
RollSeal Automated Door System....... RS-600 D6144x144.
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Other Manufacturers
Manufacturers of other basic models distributed in commerce in the
United States that incorporate design characteristics similar to those
found in the basic models that are the subject of this petition
include: ASIDOORS, JAMISON, CHASE DOORS, HERCULES, EDEY, and FRANK.
BRIAN PEPPERS
VP of Product Marketing
[FR Doc. 2018-13015 Filed 6-15-18; 8:45 am]
BILLING CODE 6450-01-P