Energy Conservation Program: Notice of Petition for Waiver of Store It Cold From the Department of Energy Walk-In Cooler Refrigeration System Test Procedure, and Notice of Grant of Interim Waiver, 11944-11965 [2019-06100]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 11944-11965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06100]


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DEPARTMENT OF ENERGY

[Case Number 2018-002; EERE-2018-BT-WAV-0002]


Energy Conservation Program: Notice of Petition for Waiver of 
Store It Cold From the Department of Energy Walk-In Cooler 
Refrigeration System 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.

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SUMMARY: The U.S. Department of Energy (``DOE'') announces receipt of 
and publishes a petition for waiver from Store It Cold, which seeks a 
waiver from the test procedure used for determining the efficiency of 
walk-in cooler refrigeration system basic models. Store It Cold seeks 
to use an alternate test procedure to address issues involved in 
testing certain basic models identified in its petition. Store It Cold 
asserts in its petition that for the specified [deg]CoolBot[supreg] 
Walk-In Cooler refrigeration system basic models taking ``refrigerant-
side'' measurements with refrigerant mass flow meters yields results 
that are unrepresentative of the basic models' true energy consumption 
characteristics and provides materially inaccurate comparative data. 
Accordingly, Store It Cold seeks to test and rate the basic models 
identified in its petition using its recommended alternate test 
procedure, in which the refrigeration capacity is measured using 
psychrometric ``air-side'' measurements. This document announces that 
DOE is granting Store It Cold with an interim waiver from DOE's walk-in 
cooler refrigeration system test procedure for the specified basic 
models, subject to use of the alternate test procedure as set forth in 
the Interim Waiver Order. DOE solicits comments, data, and information 
concerning Store It Cold's petition and its suggested alternate test 
procedure to inform its final decision on Store It Cold's waiver 
request.

DATES: DOE will accept comments, data, and information with respect to 
the Store It Cold petition until April 29, 2019.

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 ``2018-002,'' and Docket number ``EERE-2018-BT-WAV-0002,'' 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include the 
case number [Case No. 2018-002] in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No.

[[Page 11945]]

2018-002, 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-0002. 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 
Avenue SW, Washington, DC 20585-0121. E-mail: 
[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. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended, 
(``EPCA'') \1\ (42 U.S.C. 6291-6317), 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 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 cooler refrigeration systems, the focus of this 
document. (42 U.S.C. 6311(1)(G)) A walk-in cooler and freezer is 
defined under DOE's regulations as ``an enclosed storage space 
refrigerated to temperatures, respectively, above, and at or below 32 
degrees Fahrenheit that can be walked into, and has a total chilled 
storage area of less than 3,000 square feet; however[,] the terms do 
not include products designed and marketed exclusively for medical, 
scientific, or research purposes.'' 10 CFR 431.302. See also 42 U.S.C. 
6311(20) (statutory definition for ``walk-in cooler, walk-in 
freezer'').
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated as Part A-1.
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    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 EPCA 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 is required to follow when prescribing or amending test procedures 
for covered products/equipment. EPCA requires that any test procedures 
prescribed or amended under this section must be reasonably designed to 
produce test results which reflect the energy efficiency, energy use or 
estimated annual operating cost of a covered product/covered equipment 
during a representative average use cycle and requires that test 
procedures not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) 
The test procedure used to determine the net capacity and Annual Walk-
in Energy Factor (``AWEF'') of walk-in cooler refrigeration systems is 
contained in the Code of Federal Regulations (``CFR'') at 10 CFR part 
431, subpart R, appendix C.
    Under 10 CFR 431.401, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the basic model in a manner 
representative of its energy consumption characteristics. 10 CFR 
431.401(b)(1)(iii).
    DOE may grant the waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 431.401(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. 10 CFR 431.401(l). As soon thereafter as practicable, DOE will 
publish in the Federal Register a final rule. Id.
    The 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).

[[Page 11946]]

II. Store It Cold's Petition for Waiver and Application for Interim 
Waiver

    On March 9, 2018, Store It Cold filed a petition for waiver and a 
petition for interim waiver from the test procedure applicable to walk-
in cooler refrigeration systems set forth in 10 CFR part 431, subpart 
R, appendix C, and in response to DOE requests for technical 
clarification, Store It Cold submitted a revised petition for waiver 
and petition for interim waiver on May 16, 2018. (Store It Cold, No. 1 
at pp. 1-7 \3\) AHRI Standard 1250P (I-P)-2009 titled ``Standard for 
Performance Rating of Walk-in Coolers and Freezers'' (``AHRI 1250-
2009'') is incorporated by reference in the test procedure for walk-in 
cooler refrigeration systems with the modifications enumerated in 10 
CFR part 431, subpart R, appendix C. Referencing AHRI 1250-2009, 10 CFR 
part 431, subpart R, appendix C provides two possible methods for 
measuring the refrigeration capacity of single-package systems,\4\ the 
DX Dual Instrumentation method and the DX Calibrated Box method (see 
section C5.1 through C5.1.2 of AHRI 1250-2009). For both methods, the 
refrigeration capacity is determined by measuring the enthalpy change 
and mass flow rate of the refrigerant (``Refrigerant Enthalpy 
Method'').
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    \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-0002) (available at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0002). 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\ ``Single-packaged dedicated system'' means a refrigeration 
system (as defined in 10 CFR 431.302) that is a single-package 
assembly that includes one or more compressors, a condenser, a means 
for forced circulation of refrigerated air, and elements by which 
heat is transferred from air to refrigerant, without any element 
external to the system imposing resistance to flow of the 
refrigerated air. 10 CFR 431.302.
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    Store It Cold's petition for waiver and interim waiver lists walk-
in cooler refrigeration system basic models CBLW08, CBLW10, CBLW12, 
CBLW15, CBLW18, CBLW25), which it states are single-package dedicated 
refrigeration systems. These walk-in refrigeration system basic models 
are comprised of a controller (i.e., the [deg]CoolBot[supreg] 
controller) and a room air conditioner (``RAC''), which as combined 
form a walk-in refrigeration system. Store It Cold stated in its 
petition that the resulting walk-in refrigeration systems are 
designated for both indoor and outdoor use. According to Store It 
Cold's petition, the CoolBot's technology controls a much smaller air 
conditioner designed to be installed in a window to maintain desired 
temperatures, as opposed to a traditional walk-in cooler that would 
utilize large compressors, large surface area coils, multiple fans, and 
large volumes of refrigerant to do the same.\5\
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    \5\ Store It Cold notes in its product specification sheets, 
that the [deg]CoolBot[supreg] controller is also distributed in 
commerce separately, i.e., not as part of a walk-in cooler 
refrigeration system. This notice of waiver and notice of grant of 
an interim waiver apply only to the walk-in cooler refrigeration 
system basic models identified by Store It Cold, i.e., the specific 
models listed in the Interim Waiver order, which contain 
[deg]CoolBot[supreg] controllers integrated by Store It Cold with 
the specified RAC models.
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    Store It Cold asserts in its petition that, for the basic models 
listed in its petition, the Refrigerant Enthalpy Method (referred to as 
the ``refrigerant-side'' gross capacity method by Store It Cold) yields 
inconsistent refrigerant mass flow rates and lower than expected 
capacities. Store It Cold explains in its petition that the 
installation of the refrigerant mass flow meters used under this method 
significantly increased the refrigerant circuit's internal volume, 
requiring the system to be charged with approximately twice the amount 
of refrigerant as was present from the factory. As a result, Store It 
Cold contends that the capacities calculated with this method are 
untrustworthy and unrepresentative of the equipment's true performance 
capabilities.
    In its suggested alternate test procedure, Store It Cold proposes 
instead to use an ``air-side'' method in which the refrigeration 
capacity is determined by measuring the enthalpy change and mass flow 
rate of the air passing through the evaporator side (i.e., Indoor Air 
Enthalpy Method) and condenser side (i.e., Outdoor Air Enthalpy 
Method). The condenser side measurement is adjusted by subtracting the 
system input power to determine refrigeration capacity. In its 
petition, Store It Cold presents ``refrigerant-side'' and ``air-side'' 
capacity test results, asserting that the latter yields more consistent 
measurements and accurate capacities for the basic models assessed. As 
outlined in the petition, in August of 2017, Intertek Testing Services, 
NA, Inc., at the request of Store It Cold, attempted to conduct 
baseline performance evaluations on two of the basic models listed in 
their petition (CBLW10 and CBLW15) using the DX Dual Instrumentation 
method,\6\ as prescribed by AHRI 1250-2009 for fixed-capacity single-
package walk-in cooler refrigeration systems with outdoor condensing 
units. In November of 2017, Intertek then attempted to conduct baseline 
performance evaluations on two different basic models listed in their 
petition (CBLW08 and CBLW25) in accordance with the test procedure set 
forth in the AHRI 1250-2009, except that the units' refrigeration 
capacities were determined using the psychrometric ``air-side'' method 
proposed in its alternate test procedure. Store It Cold presents the 
test results in Table 1 and Figure 2 of its petition, which show that 
the ``refrigerant-side'' method required charging the unit to 
approximately twice the factory refrigerant charge because of the 
additional tubing needed to accommodate the flow meters required by the 
test procedure. Store It Cold presented data for basic models CBLW08 
and CBLW25 at all three of the required capacity test conditions 
specified in AHRI 1250-2009 for walk-in cooler refrigeration systems 
with condensing units located outdoors. All three conditions require 
the same evaporator inlet air temperature but specify progressively 
decreasing condenser inlet dry-bulb air temperatures: 95 [deg]F for the 
A test condition, 59 [deg]F for the B test condition, and 35 [deg]F for 
the C test condition. For the CBLW10 basic model, the net capacity 
increases from 2,871 Btu/hr in test condition A to 15,897 Btu/hr in 
condition B and then decreases to 7,690 Btu/hr in condition C. 
Conversely, for the CBLW15 basic model, the net capacity decreases from 
10,271 Btu/hr in condition A to 8,846 Btu/hr in condition B and then 
increases to 9,160 Btu/hr in condition C.
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    \6\ The DX Dual Instrumentation method is the ``refrigerant-
side'' method discussed above (i.e. Refrigerant Enthalpy Method) but 
with duplicate sensors for all measurements. This approach minimizes 
the risk of measurement error due to equipment inaccuracy.
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    Store It Cold also presented data from the ``air-side'' test 
performed on two basic models, CBLW08 and CBLW25. For the CBLW08 basic 
model, the net capacity increases from 5,073 Btu/hr in test condition A 
to 6,134 Btu/hr in condition B and then increases to 6,976 Btu/hr in 
condition C. For the CBLW25 basic model, the net capacity increases 
from 17,582 Btu/hr in condition A to 20,265 Btu/hr in condition B and 
then increases to 21,678 Btu/hr in condition C.
    Store It Cold asserted that the proposed ``air-side'' method yields 
more accurate results for the basic models listed in its petition and 
thus that the alternate test procedure offered in its petition 
alleviates the issues identified with the current procedure.
    Store It Cold also requests an interim waiver from the existing DOE 
test procedure. DOE will grant an interim waiver if it appears likely 
that the petition for waiver will be granted, and/or if DOE determines 
that it would be

[[Page 11947]]

desirable for public policy reasons to grant immediate relief pending a 
determination of the petition for waiver. See 10 CFR 431.401(e)(2).
    DOE understands that, absent an interim waiver, the specified basic 
models cannot be tested and rated for energy consumption on a basis 
representative of their true energy characteristics. As presented in 
Store It Cold's petition, the subject basic models of walk-in cooler 
refrigeration systems are smaller than the typical walk-in cooler 
refrigeration systems. Because of the smaller size and configuration of 
the specified [deg]CoolBot[supreg] Walk-In Cooler refrigeration 
systems, installation of the refrigerant mass flow meters as specified 
in the DOE test procedure significantly impacts the internal 
refrigeration system volumes and results in inconsistent refrigerant 
mass flow rate measurements and lower than expected capacities.

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of 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 or equipment and to demonstrate compliance with applicable DOE 
energy conservation standards. Pursuant to its regulations at 10 CFR 
431.401 applying to waivers and interim waivers from applicable test 
procedures, and after consideration of public comments on the petition, 
DOE will consider setting an alternate test procedure for the equipment 
identified by Store It Cold in a subsequent Decision and Order.
    Store It Cold seeks to use an alternate test procedure to test and 
rate specific walk-in cooler refrigeration system basic models. Store 
It Cold suggested that the specified basic models be tested according 
to the test procedure in 10 CFR part 431, subpart R, appendix C, except 
that instead of using the Refrigerant Enthalpy Method to determine 
capacity, the specified basic units be tested using the Indoor Air 
Enthalpy and Outdoor Air Enthalpy test methods to determine capacity.

IV. Summary of Grant of an Interim Waiver

    DOE has reviewed Store It Cold's application for an interim waiver, 
the alternate test procedure requested by Store It Cold, the company's 
testing and performance data, product characteristics, and product 
specification sheets published online by Store It Cold. All materials 
reviewed by DOE can be found in the docket.\7\ The test photo provided 
by Store It Cold shows that the refrigerant tubing exiting the unit has 
multiple bends in it without any extended straight sections upstream 
and downstream of the refrigerant mass flow meters, which could have 
affected the accuracy of the mass flow measurements during testing. 
Additionally, Store It Cold stated that the refrigerant tubing as 
configured increased the refrigerant circuit's internal volume, 
requiring the system to be charged with approximately twice the amount 
of refrigerant as was present from the factory.
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    \7\ The docket is available at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0002.
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    For refrigeration systems in general, it is expected that the 
capacity of the system would monotonically increase as the condenser 
air temperature decreases (until further increases are limited by 
refrigerant mass flow restriction of the expansion device for the lower 
condensing pressures that would occur for lower condenser air 
temperatures). This is because the cooler condenser air temperature can 
further cool the refrigerant such that it leaves the condenser at lower 
temperature and enthalpy,\8\ and similarly enters the evaporator at 
lower enthalpy. This increases the amount of heat the refrigerant 
absorbs from the refrigerated space as it flows through the evaporator 
coil, increasing the capacity of the evaporator. DOE notes that the 
``refrigerant-side'' method test data in Store It Cold's petition do 
not follow this trend. Instead, as discussed in section II, the 
measured capacity increases and decreases as condenser air temperature 
decreases, with opposite trends for the tests of basic model CBLW10 as 
compared with CBLW15. These inconsistent results suggest that the 
capacity measurements are not accurate. The mass flow measurements may 
not be accurate due to the non-optimal test setup of the refrigerant 
lines conducting the refrigerant to and from the mass flow meters. 
Conversely, the data from testing using the ``air side'' method follows 
the expected trend, showing increasing refrigeration capacity as 
condenser air temperature decreases for both tested units. This gives 
much greater confidence that the measurements are accurate. ``Air 
side'' capacity measurements are well established for measurement of 
the capacity of air conditioners (e.g. as described in American Society 
of Heating and Air-Conditioning Engineers (``ASHRAE'') Standard 37-
2009, ``Methods of Testing for Rating Electrically Driven Unitary Air-
Conditioning and Heat Pump Equipment'', which is incorporated by 
reference into the requested alternate test procedure), and the 
principles of air-conditioner capacity measurement apply equally to the 
capacity measurement for refrigeration systems.
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    \8\ Enthalpy is a measure of refrigerant energy per unit mass--
the evaporator capacity (not accounting for evaporator fan heat) is 
equal to refrigerant mass flow multiplied by its enthalpy increase.
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    Therefore, DOE initially agrees that, for the basic models listed 
in Store It Cold's petition, the current test procedure produces 
results unrepresentative of their true energy consumption 
characteristics and provides materially inaccurate comparative data. 
Alternatively, DOE notes that the ``air-side'' method suggested in 
Store It Cold's petition does not require installation of a refrigerant 
mass flow meter or any alteration of the test unit's refrigerant 
charge. Further, DOE finds that the test data for the proposed ``air-
side'' method is consistent with the performance expected for 
refrigeration systems (i.e. refrigeration capacity varies inversely 
with condenser air temperature).
    Based on this review, the alternate test procedure appears to allow 
for the accurate measurement of the of efficiency of this equipment, 
while alleviating the testing problems associated with Store It Cold's 
implementation of walk-in cooler refrigeration systems testing for the 
basic models specified in its petition. Consequently, it appears likely 
that Store It Cold's petition for waiver will be granted. Furthermore, 
DOE has determined that it is desirable for public policy reasons to 
grant Store It Cold immediate relief pending a determination of the 
petition for waiver.
    DOE recognizes that Store It Cold's refrigeration system, which is 
based primarily on an off-the-shelf room air conditioner coupled with 
its CoolBot controller, is an unconventional one compared to most other 
walk-in refrigeration systems. The Agency acknowledges, however, that 
Store It Cold identifies this equipment in its petition as a ``single-
package[d] dedicated system'' used to refrigerate walk-in units and 
also offers this equipment as part of a complete walk-in kit. See 
https://www.storeitcold.com/coolbot-walk-in-cooler/. DOE notes that its 
decision to grant Store It Cold with an interim waiver in this case is 
limited to the specific facts presented in this particular matter and 
does not necessarily reflect how DOE would view similar equipment--but 
involving

[[Page 11948]]

different facts--in other cases that may come before the Department.
    For the reasons stated, DOE has issued an Order stating:
    (1) Store It Cold must test and rate the following walk-in cooler 
refrigeration system basic models with the alternate test procedure set 
forth in paragraph (2):

------------------------------------------------------------------------
                  Brand                         Basic Model No.\9\
------------------------------------------------------------------------
CoolBot.................................  CBLW08
CoolBot.................................  CBLW10
CoolBot.................................  CBLW12
CoolBot.................................  CBLW15
CoolBot.................................  CBLW18
CoolBot.................................  CBLW25
------------------------------------------------------------------------

    (2) The alternate test procedure for the Store It Cold basic models 
listed in paragraph (1) is the test procedure for walk-in cooler 
refrigeration systems prescribed by DOE at 10 CFR part 431, subpart R, 
appendix C,\10\ except as detailed below. All other requirements of 10 
CFR part 431, subpart R, appendix C, and DOE's regulations remain 
applicable.
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    \9\ The Interim Waiver Order applies only to the walk-in cooler 
refrigeration system basic models manufactured by Store It Cold 
specified in the petition and Interim Waiver Order. The Interim 
Waiver Order does not cover any other walk-in refrigeration cooler 
system basic models manufactured by Store It Cold, or any other 
manufacturer, even if such basic models use a [deg]CoolBot[supreg] 
controller.
    \10\ AHRI Standard 1250P (I-P)-2009 (``AHRI 1250-2009'') titled 
``Standard for Performance Rating of Walk-in Coolers and Freezers'' 
is incorporated by reference in the federal test procedure at 10 CFR 
431.303(b)(2). The alternate test procedure provides amendments 10 
CFR part 431, subpart R, appendix C that include required 
modifications to AHRI 1250-2009.
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    In 10 CFR part 431, subpart R, appendix C, section 3.1. General 
modifications: Test Conditions and Tolerances revise sections 3.1.1. 
and 3.1.4., and add instructions in a new section 3.1.6. regarding 
Tables 3 and 4 of AHRI 1250-2009, to read:
    3.1.1. In Table 1, Instrumentation Accuracy, refrigerant 
temperature measurements shall have a tolerance of 0.5 F 
for unit cooler in/out. Temperature measurements used to determine 
water vapor content of the air shall be accurate to within 0.4 F, 1.0 F for all other temperature measurements.
    3.1.4. In Tables 2 through 14, the Test Condition Outdoor Wet Bulb 
Temperature requirement and its associated tolerance apply only to 
units with evaporative cooling and single-packaged dedicated systems.
    3.1.6. Tables 3 and 4 shall be modified to read as follows:

                Table 3--Fixed Capacity Matched Refrigerator System and Single-Packaged Dedicated System, Condensing Unit Located Indoor
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler     Unit cooler
                                      air entering    air entering    Condenser air   Condenser air
          Test description              dry-bulb,       relative      entering dry-   entering wet-    Compressor capacity          Test objective
                                         [deg]F       humidity, (%)   bulb ([deg]F)   bulb ([deg]F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off-cycle Fan Power................              35             <50  ..............  ..............  Compressor Off........  Measure fan input wattage
                                                                                                                              during compressor off
                                                                                                                              cycle.
Refrigeration Capacity.............              35             <50              90  \1\ 75, \2\ 65  Compressor On.........  Determine Net Refrigeration
                                                                                                                              Capacity of Unit Cooler,
                                                                                                                              input power, and EER at
                                                                                                                              Rating Condition.
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Note:
1. Required only for evaporative Dedicated Condensing Units.
2. Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part of the
  equipment is located in the outdoor room.


                Table 4--Fixed Capacity Matched Refrigerator System and Single-Packaged Dedicated System, Condensing Unit Located Outdoor
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler     Unit cooler
                                      air entering    air entering    Condenser air   Condenser air
          Test description              dry-bulb        relative      entering dry-   entering wet-    Compressor capacity          Test objective
                                        ([deg]F)      humidity (%)   bulb, ([deg]F)  bulb, ([deg]F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power................              35             <50  ..............  ..............  Compressor Off........  Measure fan input wattage
                                                                                                                              during compressor off
                                                                                                                              cycle.
Refrigeration Capacity A...........              35             <50              95  \1\ 75, \2\ 68  Compressor On.........  Determine Net Refrigeration
                                                                                                                              Capacity of Unit Cooler,
                                                                                                                              input power, and EER at
                                                                                                                              Rating Condition.
Refrigeration Capacity B...........              35             <50              59  \1\ 54, \2\ 46  Compressor On.........  Determine Net Refrigeration
                                                                                                                              Capacity of Unit Cooler
                                                                                                                              and system input power at
                                                                                                                              moderate condition.
Refrigeration Capacity C...........              35             <50              35  \1\ 34, \2\ 29  Compressor On.........  Determine Net Refrigeration
                                                                                                                              Capacity of Unit Cooler
                                                                                                                              and system input power at
                                                                                                                              cold condition.
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Note:
1. Required only for evaporative Dedicated Condensing Units.
2. Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part of the
  equipment is located in the outdoor room.


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    In 10 CFR part 431, subpart R, appendix C, section 3.2. General 
Modifications: Methods of Testing add the following instructions 
regarding additional modifications to appendix C of AHRI 1250-2009:
    3.2.6 In appendix C, section C1. reads: Purpose. The purpose of 
this appendix is to provide a method of testing for Matched-pair, 
Single-packaged Dedicated Systems, as well as unit coolers and 
Dedicated Condensing Units tested alone.
    3.2.7 In appendix C, section C5. and C5.1 read as follows:
    3.2.7.1 C5 reads: C5. Methods of Testing for walk-in cooler and 
freezer systems that have matched unit coolers and condensing units. 
The testing of the walk-in cooler and freezer systems include a steady 
state test, defrost test and off-cycle fan power test. For single-
packaged dedicated systems, calculate the refrigeration capacity and 
power consumption using the Indoor Air Enthalpy test method and the 
Outdoor Air Enthalpy test method. The Indoor Air Enthalpy test method 
shall be considered the primary measurement and used to report 
capacity. The Outdoor Air Enthalpy test method shall be considered the 
secondary measurement and used to calculate the Refrigeration Capacity 
Heat Balance. See Section C10 of this appendix for complete details on 
each test method.
    3.2.7.2 C5.1 reads: The Gross Total Refrigeration Capacity of Unit 
Coolers for matched-pairs (not including single-packaged dedicated 
systems) from steady state test shall be determined by either one of 
the following methods.
    3.2.8 In appendix C, section C7.1 reads: Refer to the standard 
rating conditions for a particular application listed in Section 5 of 
this standard. Test acceptance criteria listed in Table 2 in section 4 
of this standard apply to the Dual Instrumentation and Calibrated Box 
methods of test. Single-packaged dedicated system test tolerances are 
listed in each applicable Method of Test outlined in section C10.
    3.2.9 In appendix C, section C7.2 reads: Data that need to be 
recorded during the test are listed in Table C2. For single-packaged 
dedicated systems tested in accordance with ASHRAE 37-2009, data that 
need to be recorded during the test are listed in ASHRAE 37-2009.
    3.2.10 In appendix C, section C6. Test Chambers Requirements, add 
C6.3 to read as follows:
    C6.3 For all system constructions (split systems, single-packaged, 
Unit Cooler tested alone, and Dedicated Condensing Unit tested alone), 
the Unit Cooler under test may be used to aid in achieving the required 
test chamber ambient temperatures prior to beginning any Steady-state 
test. However, the unit under test must be free from frost before 
initiating any Steady-state testing.
    For single-packaged dedicated systems, refer to the applicable 
methods of test for single-packaged dedicated systems listed in section 
C10 of this appendix.
    In 10 CFR part 431, subpart R, appendix C, section 3.3. Matched 
systems, single-packaged dedicated systems, and unit coolers tested 
alone, revise the language to read:
    3.3 Matched systems, single-packaged dedicated systems, and unit 
coolers tested alone: Use the test method in AHRI 1250-2009 
(incorporated by reference; see Sec.  431.303), appendix C as the 
method of test for matched refrigeration systems, single-packaged 
dedicated systems, or unit coolers tested alone, with the modifications 
listed below in sections 3.3.1 through 3.3.7.2.:
    In appendix C of AHRI 1250-2009, renumber the following sections 
and equations, and references to the following sections and equations, 
as follows:
    Section C10 to Section C11;
    Section C11 to C12;
    Section C11.1 to C12.1;
    Section C11.1.1 to C12.1.1;
    Equation C11 to C12;
    Equation C12 to C13;
    Section C11.2 to C12.2;
    Section C11.3 to C12.3;
    Equation C13 to C14;
    Equation C14 to C15;
    Equation C15 to C16;
    Equation C16 to C17;
    Section C12 to C13; and
    Section C13 to C14.
    Insert the following as sections C10 through C10.2.3, and equation 
C11:
    C10. Single-packaged Test Methods and Allowable Refrigeration 
Capacity Heat Balance.
    C10.1 Single-packaged Test Methods.

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    Also see the following website for Figure C3: https://www.regulations.gov/document?D=EERE-2018-BT-WAV-0002-0009.
    C10.1.1 Indoor Air Enthalpy Method. Determine Net Refrigeration 
Capacity of Unit Cooler and input power in accordance with ASHRAE 37-
2009, Figure C3, and the following modifications.
    C10.1.1.1 Space conditioning capacity is determined by measuring 
airflow rate and the dry-bub temperature and water vapor content of the 
air that enters and leaves the coil. Air enthalpies shall be determined 
in accordance with ANSI ASHRAE 41.6. Entering air is to be sufficiently 
dry as to not produce frost on the Unit Cooler coil. Therefore, only 
sensible capacity measured by dry bulb change shall be used to 
calculate capacity.
    C10.1.1.2 Test Setup for Non-Ducted Unit Coolers. A single outlet 
plenum box shall be constructed in a cubic arrangement. The length of 
the longest dimension of the Unit Cooler outlet shall be used to 
determine the dimension of the cube outlet plenum. Four static pressure 
taps shall be installed in the center of each face. A 6'' inlet plenum 
skirt shall be installed with four static pressure taps at each center 
face as well. Airflow shall be adjusted by the exhaust fan on the 
airflow plenum to achieve 0.00''WC ( 0.02''WC).
    C10.1.2 Outdoor Air Enthalpy Method. Determine Net Refrigeration 
Capacity of Unit Cooler and input power in accordance with ASHRAE 37-
2009, Figure C3, and the following modifications.
    C10.1.2.1 Outdoor Air Enthalpy is only applicable on Dedicated 
Condensing Units for which the leaving air can be fully captured. Space 
conditioning capacity is determined by measuring airflow rate and the 
dry-bub temperature and water vapor content of the air that enters and 
leaves the coil. Air enthalpies shall be determined in accordance with 
ANSI ASHRAE 41.6. Line loss adjustments in section 7.3.3.4 of ASHRAE 
37-2009 are not applicable to package units.
    C10.2 Allowable Refrigeration Capacity Heat Balance.
    C10.2.1 Following the completion of the Steady-state capacity test, 
for each rating condition, the measured net capacities of the primary 
and secondary test methods must balance within 6%, per Equation C11 
\11\
---------------------------------------------------------------------------

    \11\ The suggested alternate test procedure in Store It Cold's 
petition for waiver referenced equation C24. DOE understands this to 
be an error and that the appropriate equation to reference is C11.
[GRAPHIC] [TIFF OMITTED] TN29MR19.005

    C10.2.2 If measured net capacities do not balance per Equation C11, 
investigate all potential test facility leaks and/or non-conformances. 
If no leaks or non-conformances are detected, proceed to Section 
C10.2.3. If any leaks or non-conformances are detected, remedy the 
concerns and rerun the Steady-state test at all applicable rating 
condition(s). If the measured net capacities balance per Equation C11, 
then the test is considered valid and capacity and power measurements 
from the primary method of the second test will be used. If the 
measured net

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capacities still do not balance per Equation C11, proceed to Section 
C10.2.3
    C10.2.3 To achieve a capacity heat balance, the test lab may modify 
the exterior of the unit under test to reduce leakage and surface 
losses. Specifically, the lab may add insulation to the outside surface 
of the single-packaged dedicated system and/or tape and seal sheet 
metal edges to minimize outdoor ambient air intrusion to the Unit 
Cooler. After the unit is insulated, rerun the Steady-state test at all 
applicable rating condition(s). If the measured net capacities balance 
per Equation C11, then the lab facility and instrumentation are 
verified as complying with the applicable method of test. However, 
capacity, power, and all downstream calculations will be based on the 
results of the primary method from the first test, which occurred 
before the unit was altered. If the measured net capacities still do 
not balance per Equation C11, then the lab facility and instrumentation 
are considered non-compliant, must be remedied, and all prior tests for 
the unit under test are considered invalid.
    In 10 CFR part 431, subpart R, appendix C, sections 3.3 through 
3.3.7.2 replace references to AHRI-1250-2009 sections C10, C11, C11.1, 
C11.1.1, C11.2, and C11.3, with C11, C12, C12.1, C12.1.1, C12.2, and 
C12.3, respectively; and replace references to AHRI-1250-2009 equations 
C13 and C14 with equations C14 and C15, respectively.
    (3) Representations. Store It Cold must make representations about 
the energy use, including the refrigeration capacity (in Btu/h), of 
basic models referenced in paragraph (1) for compliance, marketing, or 
other purposes only to the extent that the basic models have been 
tested in accordance with the provisions in the alternate test 
procedure and such representations fairly disclose the results of such 
testing.
    (4) This interim waiver shall remain in effect according to the 
provisions of 10 CFR 431.401(h) and (k).
    (5) This interim waiver is issued to Store It Cold on the condition 
that the walk-in cooler refrigeration system's performance 
characteristics, statements, representations, and documentation 
provided by Store It Cold are valid. DOE may revoke or modify this 
waiver at any time if it determines the factual basis underlying the 
petition for waiver is incorrect, or the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, Store It 
Cold may request that DOE rescind or modify the interim waiver if Store 
It Cold discovers an error in the information provided to DOE as part 
of its petition, determines that the interim waiver is no longer 
needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Granting of this interim waiver does not release Store It Cold 
from the certification requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future basic 
models that may be manufactured by the petitioner. Store It Cold 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 
cooler refrigeration systems. Alternatively, if appropriate, Store It 
Cold may request that DOE extend the scope of a waiver or an interim 
waiver to include additional basic models employing the same technology 
as the basic model(s) set forth in the original petition consistent 
with 10 CFR 431.401(g).

V. Request for Comments

    DOE is publishing Store It Cold's petition for waiver in its 
entirety, pursuant to 10 CFR 431.401(b)(1)(iv). The petition includes a 
suggested alternate test procedure, as summarized in section III of 
this document, to determine the efficiency of Store It Cold's specified 
walk-in cooler refrigeration systems. DOE may consider including the 
alternate procedure specified in the Interim Waiver Order, and 
specified in section IV of this document, in a subsequent Decision and 
Order.
    DOE invites all interested parties to submit in writing by April 
29, 2019, 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 R. Murphy, [email protected], 3879 Tennyson 
St., Denver, CO 80212.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to https://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through https://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through https://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to https://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
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

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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 March 20, 2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.
BILLING CODE 6450-01-P

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[FR Doc. 2019-06100 Filed 3-28-19; 8:45 am]
BILLING CODE 6450-01-C