Energy Conservation Program: Extension of Waiver to HH Technologies From the Department of Energy Walk-in Cooler and Walk-in Freezer Test Procedure, 1434-1437 [2019-00886]
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Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Notices
education programs. The
implementation study will include a
survey of state directors of adult
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adult education, and analyses of extant
data.
Dated: January 30, 2019.
Kate Mullan,
Acting Director, Information Collection
Clearance Program, Information Management
Branch, Office of the Chief Information
Officer.
[FR Doc. 2019–00877 Filed 2–1–19; 8:45 am]
DEPARTMENT OF ENERGY
Agency Information Collection
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comment request.
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This
information collection request contains:
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Collection Request Title: Human
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provides for DOE management to ensure
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and Consent to Release Human
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AGENCY:
VerDate Sep<11>2014
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ADDRESSES.
BILLING CODE 4000–01–P
SUMMARY:
Operations (AU–1.2), 1000
Independence Ave. SW, Washington,
DC 20585, telephone at (202) 586–6063,
by fax at (202) 586–3333, or by email at
mark.ott@hq.doe.gov. More information
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Issued in Washington, DC, on December
20, 2018.
Matthew B. Moury,
Associate Under Secretary for Environment,
Health, Safety and Security.
[FR Doc. 2019–00880 Filed 2–1–19; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY
[Case Number 2018–011, EERE–2018–BT–
WAV–0001]
Energy Conservation Program:
Extension of Waiver to HH
Technologies From the Department of
Energy Walk-in Cooler and Walk-in
Freezer Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of extension of waiver.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is granting a waiver
extension (Case No. 2018–011) to HH
Technologies to waive certain
requirements of the DOE walk-in cooler
and walk-in freezer test procedure for
determining the energy consumption of
thirty-five (35) RollSeal Automated Door
System brand walk-in door basic models
specified in their petition. HH
Technologies is required to test and rate
these basic models in accordance with
the alternate test procedure specified.
DATES: The Extension of Waiver is
effective on February 4, 2019. The
Extension of Waiver will terminate
upon the compliance date of any future
amendment to the test procedure for
walk-in doors located at 10 CFR part
431, subpart R, appendix A that
addresses the issues presented in this
waiver. At such time, HH Technologies
must use the relevant test procedure for
this equipment for any testing to
demonstrate compliance with the
applicable standards, and any other
representations of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Email: 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. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR
431.401(g)), DOE gives notice of the
issuance of an Extension of Waiver as
set forth below. The Extension of
Waiver extends the Decision and Order
granted to HH Technologies on October
23, 2018 (83 FR 53457, ‘‘October 2018
Decision and Order’’) to include thirtyfive (35) additional RollSeal Automated
SUMMARY:
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Door System brand basic models 1 of
walk-in cooler doors, as requested by
HH Technologies on November 5,
2018.2 HH Technologies must test and
rate the specifically identified walk-in
door basic models in accordance with
the alternate test procedure specified in
the October 2018 Decision and Order.
HH Technologies’ representations
concerning the energy efficiency of the
specified basic models must be based on
testing according to the provisions and
restrictions in the alternate test
procedure set forth in the October 2018
Decision and Order, and the
representations must fairly disclose the
results from that testing. Distributors,
retailers, and private labelers are held to
the same requirements when making
representations regarding the energy
efficiency of these products. (42 U.S.C.
6314(d))
DOE makes decisions on waiver
extensions for only those basic models
specifically set out in the request, not
future models that may be manufactured
by the petitioner. HH Technologies may
submit a new or amended petition for
waiver and request for grant of interim
waiver, as appropriate, for additional
basic models of walk-in doors.
Alternatively, if appropriate, HH
Technologies may request that DOE
extend the scope of a 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).
1 The additional basic models are as follows: RS–
500 5K036x084, RS–500 5K042x084, RS–500
5K048x084, RS–500 5K054x084, RS–500
5K060x084, RS–500 5K066x084, RS–500
5K072x084, RS–500 5K036x090, RS–500
5K042x090, RS–500 5K048x090, RS–500
5K054x090, RS–500 5K060x090, RS–500
5K066x090, RS–500 5K072x090, RS–500
5K036x096, RS–500 5K042x096, RS–500
5K048x096, RS–500 5K054x096, RS–500
5K060x096, RS–500 5K066x096, RS–500
5K072x096, RS–500 5K036x102, RS–500
5K042x102, RS–500 5K048x102, RS–500
5K054x102, RS–500 5K060x102, RS–500
5K066x102, RS–500 5K072x102, RS–500
5K036x108, RS–500 5K042x108, RS–500
5K048x108, RS–500 5K054x108, RS–500
5K060x108, RS–500 5K066x108, RS–500
5K072x108.
2 HH Technologies’ request is available at https://
www.regulations.gov/document?D=EERE-2018-BTWAV-0001-0015.
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Signed in Washington, DC, on January 18,
2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Case Number 2018–011
Extension of Waiver
I. Background and Authority
The Energy Policy and Conservation
Act of 1975, as amended (‘‘EPCA’’),3
among other things, authorizes DOE to
regulate the energy efficiency of a
number of consumer products and
industrial equipment. (42 U.S.C. 6291–
6317) Title III, Part C 4 of EPCA
established the Energy Conservation
Program for Certain Industrial
Equipment, which sets forth a variety of
provisions designed to improve energy
efficiency for certain types of industrial
equipment. This equipment includes
walk-in coolers and walk-in freezers, the
focus of this extension. (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))
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
3 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).
4 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated as Part A–1.
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1435
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
(‘‘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.
A petitioner may request that DOE
extend the scope of a waiver or an
interim waiver to include additional
basic models employing the same
technology as the basic model(s) set
forth in the original petition. 10 CFR
431.401(g). DOE will publish any such
extension in the Federal Register. Id.
II. Request for an Extension of Waiver:
Assertions and Determinations
On October 23, 2018, DOE issued a
Decision and Order in Case Number
2018–001 granting HH Technologies a
waiver to test the RollSeal Automated
Door System brand basic models
identified in its petition 5 using an
alternate test procedure. 83 FR 53457
(‘‘October 2018 Decision and Order’’).
HH Technologies stated that the test
procedure applicable to walk-in doors
set forth in 10 CFR part 431, subpart R,
appendix A overstated the power
consumption of the specified automated
doors.
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 percent
time off (‘‘PTO’’) value. 10 CFR part 431,
subpart R, appendix A, section 4.5.2.
Section 4.5.2 of appendix A specifies a
PTO of 25% for ‘‘other electricity5 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 available in the docket at https://
www.regulations.gov/docket?D=EERE-2018-BTWAV-0001.
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Federal Register / Vol. 84, No. 23 / Monday, February 4, 2019 / Notices
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. Id. In its petition
for waiver, HH Technologies suggested
applying a PTO value of 96% to the
door motors and controls in the basic
models specified 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 are considered by
the DOE test procedure to be ‘‘other
electricity-consuming devices with
demand-based control.’’ HH
Technologies asserted that the current
PTO value overestimates the time that
the motors and controls in the specified
automated doors are in operation in
high traffic applications. HH
Technologies stated that as a result, the
power consumption of the specified
automated door motors and controls is
overestimated.
Based on the information provided by
HH Technologies, DOE determined that
the basic models identified by HH
Technologies in its petition cannot be
tested and rated for energy consumption
on a basis representative of their true
energy consumption characteristics
under the test procedure detailed under
10 CFR part 431, subpart R, appendix A.
83 FR 53457, 53458. The October 2018
Decision and Order specified that HH
Technologies test and rate the subject
basic models by using a PTO value of
96% for door motors. 83 FR 53457,
53459.
On November 5, 2018, HH
Technologies submitted a request to
extend the scope of the waiver it
received in Case Number 2018–001 to
thirty-five (35) additional RollSeal
Automated Door System brand basic
models.6 HH Technologies stated that
these basic models employ the same
technology as the models covered by the
existing waiver.
DOE has reviewed HH Technologies’
waiver extension request and
determined that the basic models
identified in HH Technologies’ request
incorporate the same design
characteristics as those basic models
covered under the waiver in Case
Number 2018–001 such that the test
procedure would evaluate those basic
models in a manner that is
unrepresentative of their actual energy
use. DOE has also determined that the
alternate procedure specified in Case
Number 2018–001 will allow for the
accurate measurement of the energy use
of the walk-in door basic models
identified by HH Technologies in its
waiver extension request.
III. Order
After careful consideration of HH
Technologies’ request that DOE extend
the scope of the waiver granted under
Case Number 2018–001 to include
additional basic models, it is ORDERED
that:
(1) HH Technologies must, as of the
date of publication of this Extension of
Waiver in the Federal Register, test and
rate the following walk-in door basic
models with the alternate test procedure
as set forth in paragraph (2):
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Brand name
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
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
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
Door
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
System
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6 The additional basic models are as follows: RS–
500 5K036x084, RS–500 5K042x084, RS–500
5K048x084, RS–500 5K054x084, RS–500
5K060x084, RS–500 5K066x084, RS–500
5K072x084, RS–500 5K036x090, RS–500
5K042x090, RS–500 5K048x090, RS–500
5K054x090, RS–500 5K060x090, RS–500
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Basic model
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5K066x090, RS–500 5K072x090, RS–500
5K036x096, RS–500 5K042x096, RS–500
5K048x096, RS–500 5K054x096, RS–500
5K060x096, RS–500 5K066x096, RS–500
5K072x096, RS–500 5K036x102, RS–500
5K042x102, RS–500 5K048x102, RS–500
5K054x102, RS–500 5K060x102, RS–500
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RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
RS–500
5K036x084
5K042x084
5K048x084
5K054x084
5K060x084
5K066x084
5K072x084
5K036x090
5K042x090
5K048x090
5K054x090
5K060x090
5K066x090
5K072x090
5K036x096
5K042x096
5K048x096
5K054x096
5K060x096
5K066x096
5K072x096
5K036x102
5K042x102
5K048x102
5K054x102
5K060x102
5K066x102
5K072x102
5K036x108
5K042x108
5K048x108
5K054x108
5K060x108
5K066x108
5K066x102, RS–500 5K072x102, RS–500
5K036x108, RS–500 5K042x108, RS–500
5K048x108, RS–500 5K054x108, RS–500
5K060x108, RS–500 5K066x108, RS–500
5K072x108.
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1437
Brand name
Basic model
RollSeal Automated Door System ..............................................................................................................................................
RS–500 5K072x108
(2) The alternate test procedure for the
HH Technologies basic models
referenced in paragraph (1) of this Order
is the test procedure for walk-in doors
prescribed by DOE at 10 CFR part 431,
subpart R, appendix A, except that the
percent time off (‘‘PTO’’) value specified
in section 4.5.2 ‘‘Direct Energy
Consumption of Electrical Components
of Non-Display Doors’’ shall be 96% for
door motors. All other requirements of
10 CFR part 431, subpart R, appendix A
and DOE’s regulations remain
applicable.
(3) Representations. HH Technologies
may not make representations about the
energy use of the basic models
identified in paragraph (1) of this Order
for compliance, marketing, or other
purposes unless the basic model has
been tested in accordance with the
provisions set forth above and such
representations fairly disclose the
results of such testing in accordance
with 10 CFR part 431, subpart R,
appendix A and 10 CFR part 429,
subpart B, as specified in this Order.
(4) This Extension of Waiver shall
remain in effect consistent with the
provisions of 10 CFR 431.401.
(5) This Extension of Waiver is issued
on the condition that the statements,
representations, and documents
provided by HH Technologies are valid.
If HH Technologies makes any
modifications to the controls or
configurations of these basic models, the
waiver will no longer be valid and HH
Technologies will either be required to
use the current Federal test method or
submit a new application for a test
procedure waiver. DOE may rescind or
modify this Extension of Waiver at any
time if it determines the factual basis
underlying the petition for Extension of
Waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic model’s
true energy consumption characteristics.
10 CFR 431.401(k)(1). Likewise, HH
Technologies may request that DOE
rescind or modify the Extension of
Waiver if HH Technologies discovers an
error in the information provided to
DOE as part of its petition, determines
that the waiver is no longer needed, or
for other appropriate reasons. 10 CFR
431.401(k)(2).
(6) Granting of this Extension of
Waiver does not release HH
Technologies from the certification
requirements set forth at 10 CFR part
429.
VerDate Sep<11>2014
17:21 Feb 01, 2019
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Signed in Washington, DC, on January 18,
2019.
lllllllllllllllllllll
Steven Chalk,
Acting Deputy Assistant Secretary for Energy
Efficiency Energy Efficiency and Renewable
Energy.
[FR Doc. 2019–00886 Filed 2–1–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
[OE Docket No. EA–465]
Application To Export Electric Energy;
Brookfield Renewable Trading and
Marketing LP
Office of Electricity, DOE.
Notice of application.
AGENCY:
ACTION:
Brookfield Renewable
Trading and Marketing LP (BRTM or
Applicant) has applied for authorization
to transmit electric energy from the
United States to Canada pursuant to the
Federal Power Act.
DATES: Comments, protests, or motions
to intervene must be submitted on or
before March 6, 2019.
ADDRESSES: Comments, protests,
motions to intervene, or requests for
more information should be addressed
to: Office of Electricity, Mail Code: OE–
20, U.S. Department of Energy, 1000
Independence Avenue SW, Washington,
DC 20585–0350. Because of delays in
handling conventional mail, it is
recommended that documents be
transmitted by overnight mail, by
electronic mail to Electricity.Exports@
hq.doe.gov, or by facsimile to 202–586–
8008.
SUPPLEMENTARY INFORMATION: Exports of
electricity from the United States to a
foreign country are regulated by the
Department of Energy (DOE) pursuant to
sections 301(b) and 402(f) of the
Department of Energy Organization Act
(42 U.S.C. 7151(b) and 7172(f)) and
require authorization under section
202(e) of the Federal Power Act (16
U.S.C.§ 824a(e)).
On December 26, 2018, DOE received
an application from BRTM for
authorization to transmit electric energy
from the United States to Canada as a
power marketer for a five-year term
using existing international
transmission facilities.
In its application, BRTM states that it
‘‘does not own generation or
transmission assets and does not have a
SUMMARY:
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
franchised electric service area.’’ The
electric energy that the Applicant
proposes to export to Canada would be
surplus energy purchased from third
parties such as electric utilities and
other suppliers within the United States
pursuant to voluntary agreements. The
existing international transmission
facilities to be utilized by BETM have
previously been authorized by
Presidential Permits issued pursuant to
Executive Order 10485, as amended,
and are appropriate for open access
transmission by third parties.
Procedural Matters: Any person
desiring to be heard in this proceeding
should file a comment or protest to the
application at the address provided
above. Protests should be filed in
accordance with Rule 211 of the Federal
Energy Regulatory Commission’s Rules
of Practice and Procedure (18 CFR
385.211). Any person desiring to
become a party to these proceedings
should file a motion to intervene at the
above address in accordance with FERC
Rule 214 (18 CFR 385.214). Five (5)
copies of such comments, protests, or
motions to intervene should be sent to
the address provided above on or before
the date listed above.
Comments and other filings
concerning BRTM’s application to
export electric energy to Canada should
be clearly marked with OE Docket No.
EA–465. An additional copy is to be
provided to Ruth Teetzel, Brookfield
Renewable Trading and Marketing LP,
41 Victoria Street, Gatineau, Quebec J8X
2A1.
A final decision will be made on this
application after the environmental
impacts have been evaluated pursuant
to DOE’s National Environmental Policy
Act Implementing Procedures (10 CFR
part 1021) and after a determination is
made by DOE that the proposed action
will not have an adverse impact on the
sufficiency of supply or reliability of the
U.S. electric power supply system.
Copies of this application will be
made available, upon request, for public
inspection and copying at the address
provided above, by accessing the
program website at https://energy.gov/
node/11845, or by emailing Angela Troy
at Angela.Troy@hq.doe.gov.
E:\FR\FM\04FEN1.SGM
04FEN1
]]>Agencies
[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Notices]
[Pages 1434-1437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00886]
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DEPARTMENT OF ENERGY
[Case Number 2018-011, EERE-2018-BT-WAV-0001]
Energy Conservation Program: Extension of Waiver to HH
Technologies From the Department of Energy Walk-in Cooler and Walk-in
Freezer Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of extension of waiver.
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SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver
extension (Case No. 2018-011) to HH Technologies to waive certain
requirements of the DOE walk-in cooler and walk-in freezer test
procedure for determining the energy consumption of thirty-five (35)
RollSeal Automated Door System brand walk-in door basic models
specified in their petition. HH Technologies is required to test and
rate these basic models in accordance with the alternate test procedure
specified.
DATES: The Extension of Waiver is effective on February 4, 2019. The
Extension of Waiver will terminate upon the compliance date of any
future amendment to the test procedure for walk-in doors located at 10
CFR part 431, subpart R, appendix A that addresses the issues presented
in this waiver. At such time, HH Technologies must use the relevant
test procedure for this equipment for any testing to demonstrate
compliance with the applicable standards, and any other representations
of energy use.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Email: 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. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 431.401(g)), DOE gives notice of the
issuance of an Extension of Waiver as set forth below. The Extension of
Waiver extends the Decision and Order granted to HH Technologies on
October 23, 2018 (83 FR 53457, ``October 2018 Decision and Order'') to
include thirty-five (35) additional RollSeal Automated
[[Page 1435]]
Door System brand basic models \1\ of walk-in cooler doors, as
requested by HH Technologies on November 5, 2018.\2\ HH Technologies
must test and rate the specifically identified walk-in door basic
models in accordance with the alternate test procedure specified in the
October 2018 Decision and Order. HH Technologies' representations
concerning the energy efficiency of the specified basic models must be
based on testing according to the provisions and restrictions in the
alternate test procedure set forth in the October 2018 Decision and
Order, and the representations must fairly disclose the results from
that testing. Distributors, retailers, and private labelers are held to
the same requirements when making representations regarding the energy
efficiency of these products. (42 U.S.C. 6314(d))
---------------------------------------------------------------------------
\1\ The additional basic models are as follows: RS-500
5K036x084, RS-500 5K042x084, RS-500 5K048x084, RS-500 5K054x084, RS-
500 5K060x084, RS-500 5K066x084, RS-500 5K072x084, RS-500 5K036x090,
RS-500 5K042x090, RS-500 5K048x090, RS-500 5K054x090, RS-500
5K060x090, RS-500 5K066x090, RS-500 5K072x090, RS-500 5K036x096, RS-
500 5K042x096, RS-500 5K048x096, RS-500 5K054x096, RS-500 5K060x096,
RS-500 5K066x096, RS-500 5K072x096, RS-500 5K036x102, RS-500
5K042x102, RS-500 5K048x102, RS-500 5K054x102, RS-500 5K060x102, RS-
500 5K066x102, RS-500 5K072x102, RS-500 5K036x108, RS-500 5K042x108,
RS-500 5K048x108, RS-500 5K054x108, RS-500 5K060x108, RS-500
5K066x108, RS-500 5K072x108.
\2\ HH Technologies' request is available at https://www.regulations.gov/document?D=EERE-2018-BT-WAV-0001-0015.
---------------------------------------------------------------------------
DOE makes decisions on waiver extensions for only those basic
models specifically set out in the request, not future models that may
be manufactured by the petitioner. HH Technologies may submit a new or
amended petition for waiver and request for grant of interim waiver, as
appropriate, for additional basic models of walk-in doors.
Alternatively, if appropriate, HH Technologies may request that DOE
extend the scope of a 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).
Signed in Washington, DC, on January 18, 2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
Case Number 2018-011
Extension of Waiver
I. Background and Authority
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\3\ among other things, authorizes DOE to regulate the
energy efficiency of a number of consumer products and industrial
equipment. (42 U.S.C. 6291-6317) Title III, Part C \4\ of EPCA
established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy efficiency for certain types of industrial equipment. This
equipment includes walk-in coolers and walk-in freezers, the focus of
this extension. (42 U.S.C. 6311(1)(G))
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\3\ 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).
\4\ 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 (``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.
A petitioner may request that DOE extend the scope of a waiver or
an interim waiver to include additional basic models employing the same
technology as the basic model(s) set forth in the original petition. 10
CFR 431.401(g). DOE will publish any such extension in the Federal
Register. Id.
II. Request for an Extension of Waiver: Assertions and Determinations
On October 23, 2018, DOE issued a Decision and Order in Case Number
2018-001 granting HH Technologies a waiver to test the RollSeal
Automated Door System brand basic models identified in its petition \5\
using an alternate test procedure. 83 FR 53457 (``October 2018 Decision
and Order''). HH Technologies stated that the test procedure applicable
to walk-in doors set forth in 10 CFR part 431, subpart R, appendix A
overstated the power consumption of the specified automated doors.
---------------------------------------------------------------------------
\5\ 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 available in the
docket at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0001.
---------------------------------------------------------------------------
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 percent time off (``PTO'') value. 10 CFR part 431, subpart
R, appendix A, section 4.5.2. Section 4.5.2 of appendix A specifies a
PTO of 25% for ``other electricity-
[[Page 1436]]
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.
Id. In its petition for waiver, HH Technologies suggested applying a
PTO value of 96% to the door motors and controls in the basic models
specified 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 are
considered by the DOE test procedure to be ``other electricity-
consuming devices with demand-based control.''[thinsp]HH Technologies
asserted that the current PTO value overestimates the time that the
motors and controls in the specified automated doors are in operation
in high traffic applications. HH Technologies stated that as a result,
the power consumption of the specified automated door motors and
controls is overestimated.
Based on the information provided by HH Technologies, DOE
determined that the basic models identified by HH Technologies in its
petition cannot be tested and rated for energy consumption on a basis
representative of their true energy consumption characteristics under
the test procedure detailed under 10 CFR part 431, subpart R, appendix
A. 83 FR 53457, 53458. The October 2018 Decision and Order specified
that HH Technologies test and rate the subject basic models by using a
PTO value of 96% for door motors. 83 FR 53457, 53459.
On November 5, 2018, HH Technologies submitted a request to extend
the scope of the waiver it received in Case Number 2018-001 to thirty-
five (35) additional RollSeal Automated Door System brand basic
models.\6\ HH Technologies stated that these basic models employ the
same technology as the models covered by the existing waiver.
---------------------------------------------------------------------------
\6\ The additional basic models are as follows: RS-500
5K036x084, RS-500 5K042x084, RS-500 5K048x084, RS-500 5K054x084, RS-
500 5K060x084, RS-500 5K066x084, RS-500 5K072x084, RS-500 5K036x090,
RS-500 5K042x090, RS-500 5K048x090, RS-500 5K054x090, RS-500
5K060x090, RS-500 5K066x090, RS-500 5K072x090, RS-500 5K036x096, RS-
500 5K042x096, RS-500 5K048x096, RS-500 5K054x096, RS-500 5K060x096,
RS-500 5K066x096, RS-500 5K072x096, RS-500 5K036x102, RS-500
5K042x102, RS-500 5K048x102, RS-500 5K054x102, RS-500 5K060x102, RS-
500 5K066x102, RS-500 5K072x102, RS-500 5K036x108, RS-500 5K042x108,
RS-500 5K048x108, RS-500 5K054x108, RS-500 5K060x108, RS-500
5K066x108, RS-500 5K072x108.
---------------------------------------------------------------------------
DOE has reviewed HH Technologies' waiver extension request and
determined that the basic models identified in HH Technologies' request
incorporate the same design characteristics as those basic models
covered under the waiver in Case Number 2018-001 such that the test
procedure would evaluate those basic models in a manner that is
unrepresentative of their actual energy use. DOE has also determined
that the alternate procedure specified in Case Number 2018-001 will
allow for the accurate measurement of the energy use of the walk-in
door basic models identified by HH Technologies in its waiver extension
request.
III. Order
After careful consideration of HH Technologies' request that DOE
extend the scope of the waiver granted under Case Number 2018-001 to
include additional basic models, it is ORDERED that:
(1) HH Technologies must, as of the date of publication of this
Extension of Waiver in the Federal Register, test and rate the
following walk-in door basic models with the alternate test procedure
as set forth in paragraph (2):
------------------------------------------------------------------------
Brand name Basic model
------------------------------------------------------------------------
RollSeal Automated Door System....... RS-500 5K036x084
RollSeal Automated Door System....... RS-500 5K042x084
RollSeal Automated Door System....... RS-500 5K048x084
RollSeal Automated Door System....... RS-500 5K054x084
RollSeal Automated Door System....... RS-500 5K060x084
RollSeal Automated Door System....... RS-500 5K066x084
RollSeal Automated Door System....... RS-500 5K072x084
RollSeal Automated Door System....... RS-500 5K036x090
RollSeal Automated Door System....... RS-500 5K042x090
RollSeal Automated Door System....... RS-500 5K048x090
RollSeal Automated Door System....... RS-500 5K054x090
RollSeal Automated Door System....... RS-500 5K060x090
RollSeal Automated Door System....... RS-500 5K066x090
RollSeal Automated Door System....... RS-500 5K072x090
RollSeal Automated Door System....... RS-500 5K036x096
RollSeal Automated Door System....... RS-500 5K042x096
RollSeal Automated Door System....... RS-500 5K048x096
RollSeal Automated Door System....... RS-500 5K054x096
RollSeal Automated Door System....... RS-500 5K060x096
RollSeal Automated Door System....... RS-500 5K066x096
RollSeal Automated Door System....... RS-500 5K072x096
RollSeal Automated Door System....... RS-500 5K036x102
RollSeal Automated Door System....... RS-500 5K042x102
RollSeal Automated Door System....... RS-500 5K048x102
RollSeal Automated Door System....... RS-500 5K054x102
RollSeal Automated Door System....... RS-500 5K060x102
RollSeal Automated Door System....... RS-500 5K066x102
RollSeal Automated Door System....... RS-500 5K072x102
RollSeal Automated Door System....... RS-500 5K036x108
RollSeal Automated Door System....... RS-500 5K042x108
RollSeal Automated Door System....... RS-500 5K048x108
RollSeal Automated Door System....... RS-500 5K054x108
RollSeal Automated Door System....... RS-500 5K060x108
RollSeal Automated Door System....... RS-500 5K066x108
[[Page 1437]]
RollSeal Automated Door System....... RS-500 5K072x108
------------------------------------------------------------------------
(2) The alternate test procedure for the HH Technologies basic
models referenced in paragraph (1) of this Order is the test procedure
for walk-in doors prescribed by DOE at 10 CFR part 431, subpart R,
appendix A, except that the percent time off (``PTO'') value specified
in section 4.5.2 ``Direct Energy Consumption of Electrical Components
of Non-Display Doors'' shall be 96% for door motors. All other
requirements of 10 CFR part 431, subpart R, appendix A and DOE's
regulations remain applicable.
(3) Representations. HH Technologies may not make representations
about the energy use of the basic models identified in paragraph (1) of
this Order for compliance, marketing, or other purposes unless the
basic model has been tested in accordance with the provisions set forth
above and such representations fairly disclose the results of such
testing in accordance with 10 CFR part 431, subpart R, appendix A and
10 CFR part 429, subpart B, as specified in this Order.
(4) This Extension of Waiver shall remain in effect consistent with
the provisions of 10 CFR 431.401.
(5) This Extension of Waiver is issued on the condition that the
statements, representations, and documents provided by HH Technologies
are valid. If HH Technologies makes any modifications to the controls
or configurations of these basic models, the waiver will no longer be
valid and HH Technologies will either be required to use the current
Federal test method or submit a new application for a test procedure
waiver. DOE may rescind or modify this Extension of Waiver at any time
if it determines the factual basis underlying the petition for
Extension of Waiver is incorrect, or the results from the alternate
test procedure are unrepresentative of the basic model's true energy
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, HH
Technologies may request that DOE rescind or modify the Extension of
Waiver if HH Technologies discovers an error in the information
provided to DOE as part of its petition, determines that the waiver is
no longer needed, or for other appropriate reasons. 10 CFR
431.401(k)(2).
(6) Granting of this Extension of Waiver does not release HH
Technologies from the certification requirements set forth at 10 CFR
part 429.
Signed in Washington, DC, on January 18, 2019.
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Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency Energy
Efficiency and Renewable Energy.
[FR Doc. 2019-00886 Filed 2-1-19; 8:45 am]
BILLING CODE 6450-01-P
