Energy Conservation Program: Notice of Petition for Waiver of Senneca Holdings From the Department of Energy Walk-In Cooler and Walk-In Freezer Test Procedure and Grant of Interim Waiver, 60771-60776 [2020-21286]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60771-60776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21286]


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DEPARTMENT OF ENERGY

[Case Number 2020-002; EERE-2020-BT-WAV-0009]


Energy Conservation Program: Notice of Petition for Waiver of 
Senneca Holdings From the Department of Energy Walk-In Cooler and Walk-
In Freezer Test Procedure and Grant of Interim Waiver

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

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

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver and interim waiver from Senneca Holdings, which seeks a waiver 
for specified basic models of walk-in cooler and walk-in freezer doors 
from the U.S. Department of Energy (``DOE'') test procedure used for 
determining the energy consumption of walk-in doors. This document also 
provides notice of an Interim Waiver Order requiring Senneca Holdings 
to test and rate the specified walk-in door basic models in accordance 
with the alternate test procedure set forth in the Interim Waiver 
Order. DOE solicits comments, data, and information concerning the 
petition and its suggested alternate test procedure so as to inform 
DOE's final decision on the waiver request.

[[Page 60772]]


DATES: The Interim Waiver Order is effective on September 28, 2020. 
Written comments and information will be accepted on or before October 
28, 2020.

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 ``2020-002'', and Docket number ``EERE-2020-BT-WAV-0009,'' 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Case No. 
2020-002 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. 2020-002, 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, 6th floor, Washington, DC, 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section 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-2020-BT-WAV-0009. The docket web page contains 
instruction on how to access all documents, including public comments, 
in the docket. See the SUPPLEMENTARY INFORMATION section for 
information on how to submit comments through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, 
Washington, DC 20585-0121. Email: [email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (``DOE'') is 
publishing a petition for waiver from Senneca Holdings (``Senneca'') in 
its entirety, pursuant to 10 CFR 431.401(b)(1)(iv).\1\ DOE invites all 
interested parties to submit in writing by October 28, 2020, 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 Mike Nagle, 
Senneca Holdings. Telephone: (513) 603-2965. Email: 
[email protected].
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    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
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    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. If this instruction is followed, 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/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal 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 postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
Faxes will not 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

[[Page 60773]]

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/courier 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.
    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).

Signing Authority

    This document of the Department of Energy was signed on September 
22, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on September 22, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case Number 2020-002

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part C \3\ of 
EPCA, added by the National Energy Conservation Policy Act, Public Law 
95-619, sec. 441 (Nov. 9, 1978), established the Energy Conservation 
Program for Certain Industrial Equipment, which sets forth a variety of 
provisions designed to improve the energy efficiency for certain types 
of industrial equipment. This equipment includes walk-in coolers and 
walk-in freezers, the subject of this Interim Waiver Order. (42 U.S.C. 
6311(1)(G))
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    \2\ 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 (Oct. 23, 2018).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
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    The energy conservation program under EPCA 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 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 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 for measuring the energy consumption of walk-in cooler and 
walk-in freezer doors (``walk-in doors'') is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR part 431, subpart R, appendix 
A, ``Uniform Test Method for the Measurement of Energy Consumption of 
the Components of Envelopes of Walk-In Coolers and Walk-In Freezers'' 
(``Appendix A'').
    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. See 10 CFR 
431.401(f)(2). A petitioner must include in its petition any alternate 
test procedures known to the petitioner to evaluate the performance of 
the equipment type in a manner representative of the energy consumption 
characteristics of the basic model. See 10 CFR 431.401(b)(1)(iii). DOE 
may grant the waiver subject to conditions, including adherence to 
alternate test procedures. See 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. See 10 CFR 431.401(l). As soon thereafter as 
practicable, DOE will publish in the Federal Register a final rule to 
that effect. 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. See 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. See 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. 
See 10 CFR 431.401(h)(2).

[[Page 60774]]

II. Senneca Holdings' Petition for Waiver and Interim Waiver

    By letter dated March 13, 2020, Senneca Holdings (``Senneca'') 
filed a petition for waiver and interim waiver from the test procedure 
for walk-in doors set forth at 10 CFR part 431, subpart R, appendix A 
(``Appendix A''). (Senneca, No. 1) \4\ Subsequent to the March 13, 
2020, submission and in response to questions from DOE, Senneca 
provided additional information on several occasions in the form of 
updated petitions for waiver and interim waiver. On June 12, 2020, 
Senneca provided additional information through a second submission. 
(Senneca, No. 2) Upon further requests for information from DOE, the 
most recent submission was filed on July 21, 2020. (Senneca, No. 3) \5\
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    \4\ A notation in the form ``Senneca, No. 1'' identifies a 
written submission: (1) Made by Senneca Holdings; and (2) recorded 
in document number 1 that is filed in the docket of this petition 
for waiver (Docket No. EERE-2020-BT-WAV-0009) and available for 
review at https://www.regulations.gov.
    \5\ Senneca's most recent petition for waiver and interim waiver 
can be found in the regulatory docket at https://www.regulations.gov/document?D=EERE-2020-BT-WAV-0009-0003. Due to 
the lengthy list of walk-in door basic models listed in Senneca's 
July 21, 2020 petition, DOE is making the complete list publicly 
available in the relevant regulatory docket. The specific basic 
models identified in Appendix I of the July 21, 2020 petition can be 
found in the docket at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0009.
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    Section 4.5.2 of Appendix A, ``Direct Energy Consumption of 
Electrical Components of Non-Display Doors,'' establishes percent time 
off (``PTO'') values that account for the percent of time that an 
electrical device is assumed to be off for lighting, anti-sweat 
heaters, and any other electricity-consuming devices. The PTO value 
discounts the daily energy consumption of electrical components as 
calculated in section 4.5.2(b) of Appendix A. Senneca stated that the 
basic models identified in its petition use electric door motors for 
vertical and horizontal openings of the walk-in doors. The motors 
described in Senneca's waiver petition are ``other electricity 
consuming devices . . . controlled by a preinstalled timer, control 
system or other auto-shut-off system'' under Appendix A. 10 CFR part 
431, subpart R, appendix A, section 4.5.2(a)(3). The DOE test procedure 
specifies using a PTO value of 25 percent for such devices, thereby 
reflecting an ``on'' time of 75 percent. Senneca stated that assuming 
the door motor operates for 75 percent of the day significantly 
overstates normal motor usage on their ColdGuard[supreg] and Eco-Cold 
powered door models, causing the prescribed test procedure to 
inaccurately evaluate the true energy consumption characteristics as to 
provide materially inaccurate comparative data. (Senneca, No. 3 at p. 
1)
    In its petition, Senneca provided performance data for two 
examples: the first for the ColdGuard[supreg] and Eco-Cold horizontally 
sliding door models and the second for the ColdGuard[supreg] and Eco-
Cold vertical lift door models. (Senneca, No. 3 at pp. 2-3) The first 
example estimated that 120 cycles is considered to be a normal daily 
use cycle. The 120-cycle estimate is consistent with the value relied 
on by DOE in its evaluation of potential test procedure provisions to 
address door opening infiltration in the test procedure supplemental 
notice of proposed rulemaking published September 9, 2010. 75 FR 55068, 
55085.\6\ This value is also consistent with the standard duty noted in 
the corresponding product literature. (Senneca, No. 3 at pp. 60-61) One 
cycle is defined as one opening and closing of a door with a door 
opening of 120 inches operating at a speed of 12 inches per second 
(``IPS'') in both directions. (Senneca, No. 3 at p. 2) For the basic 
model Senneca presented in this example, the normal daily use cycle 
estimate and cycle time estimate result in a total motor run time of 40 
minutes (0.67 hours) per day, leaving the door motor out of operation 
for 23.33 hours per day, or 97.2 PTO. Id.
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    \6\ DOE did not adopt test procedure provisions addressing door 
opening infiltration, having determined that a typical door 
manufacturer has very few direct means for reducing the door 
infiltration on its own. 73 FR 21580, 21595 (Apr. 15, 2011).
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    In the second example, Senneca estimated that 20 cycles are 
considered to be a normal daily use cycle for the vertical lift 
electric door motors identified in the petition for waiver. (Senneca, 
No. 3 at pp. 2-3) This value is also consistent with the standard duty 
noted in the corresponding product literature. (Senneca, No. 3 at p. 
61) For this example, one cycle is defined as one opening and closing 
of a door with a door opening of 120 inches operating at a minimum 
speed of 8 IPS in both directions. (Senneca, No. 3 at p. 2) For the 
basic model Senneca presented in this example, the normal daily use 
cycle estimate and cycle time estimate result in a total run time of 10 
minutes (0.17 hours) per day, leaving the door motor out of operation 
for 23.83 hours per day, or 99.3 PTO. Based on these two calculations, 
Senneca petitioned DOE to apply a PTO value of 97 percent for basic 
models of their ColdGuard[supreg] and Eco-Cold walk-in doors that use 
electric door motors. (Senneca, No. 3 at p. 3)
    Senneca also requested an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. See 10 CFR 
431.401(e)(2).
    Absent an interim waiver, Senneca asserts that the walk-in doors 
with electric door motors identified in its petition for a waiver 
cannot be tested and rated for energy consumption on a basis 
representative of their actual energy consumption characteristics.

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 covered equipment. (42 U.S.C. 6314(d)) Consistency 
is important when making representations about the energy efficiency of 
equipment, including when demonstrating compliance with applicable DOE 
energy conservation standards. Pursuant to its regulations at 10 CFR 
430.401, and after consideration of public comments on the petition, 
DOE may establish in a subsequent Decision and Order an alternate test 
procedure for the basic models addressed by the Interim Waiver Order.
    Senneca seeks to use an alternate test procedure to test and rate 
specific walk-in door basic models. Instead of using the PTO value of 
25 percent established in section 4.5.2(a)(3) of Appendix A for 
electricity-consuming devices other than lighting and anti-sweat 
heaters, Senneca requests using the minimum calculated PTO value in 
their petition, 97 percent, for all of their specified 
ColdGuard[supreg] and Eco-Cold models.

IV. Interim Waiver Order

    DOE has reviewed Senneca's application for an interim waiver, the 
alternate test procedure requested by Senneca, and the data provided by 
Senneca in its July 21, 2020, waiver request, along with material on 
its website. As part of DOE's review, DOE considered the potential 
range of parameters affecting door motor operating time, including door 
opening width or height, speed of door closing/opening, and cycles per 
day.
    In evaluating the most energy consumptive scenarios, DOE selected 
the maximum door opening width for horizontally sliding doors (144 
inches) and height for vertical-lift doors (192 inches) identified by 
Senneca in its

[[Page 60775]]

product literature. (Senneca, No. 3 at pp. 60-61) Then, DOE selected 
the speed of door closing and opening, and cycles per day based on the 
motor used. For Senneca's horizontally sliding doors, i.e., the model 
numbers beginning with ``SSE-EHD-D'' or ``BPE-EHD-D'', the equipment 
literature states that the 1900-RLS Operator or 1900-RLS-M Operator 
motor may be used. Id. To estimate the most energy consumptive 
scenario, DOE selected the slower operating speed of the two motor 
options: 12 inches per second using the 1900-RLS-M Operator. Product 
literature for both motors state a standard duty of 120 cycles of 
opening and closing per day. Id. Using these assumptions, DOE 
calculated the door motor total off time per day to be 23.2 hours, or 
96.7 PTO, for the horizontally sliding door models specified in 
Senneca's petition.
    For Senneca's vertical-lift doors, i.e., the model numbers 
beginning with ``VLE'', the product literature states that the VLE 
Operator motor would be used. (Senneca, No. 3 at p. 61) The VLE 
Operator runs at a speed of 8 inches per second and has a standard duty 
of 20 cycles of opening and closing per day. Id. Using these 
assumptions, DOE calculated the door motor total off time per day to be 
23.73 hours, or 98.9 PTO. This review indicates that the PTO value of 
97 percent is representative of the most energy consumptive scenario 
and likely ranges of these parameters.
    Based on this review, Senneca's suggested alternate test procedure 
that applies a PTO value of 97 percent appears to allow for the 
accurate measurement of the of energy consumption of the specified 
basic models, while alleviating the testing issues associated with 
Senneca's implementation of walk-in door testing for these basic 
models. This required use of 97 percent is consistent with waivers 
previously granted in response to petitions that presented the same 
issue as in Senneca's petition.\7\ Consequently, DOE has determined 
that Senneca's petition for waiver will likely be granted. Furthermore, 
DOE has determined that it is desirable for public policy reasons to 
grant Senneca immediate relief pending a determination of the petition 
for waiver.
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    \7\ See Notice of Decision and Order granting a waiver to 
Jamison Door (Case No. 2017-009; 83 FR 53460 (Oct. 23, 2018); Notice 
of Decision and Order granting a waiver to HH Technologies (Case No. 
2018-001; 83 FR 53457 (Oct. 23, 2018)); and Extension of Waiver to 
HH Technologies (Case No. 2018-011; 84 FR 1434 (Feb. 4, 2019)).
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    For the reasons stated, it is ordered that:
    (1) Senneca must test and rate the basic models listed in Appendix 
I of its July 21, 2020, petition as provided in Docket Number EERE-
2020-BT-WAV-0009-0003 \8\ with the alternate test procedure set forth 
in paragraph (2).
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    \8\ Available at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0009-0003.
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    (2) The alternate test procedure for the Senneca basic models 
identified in paragraph (1) of this Interim Waiver 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 97 percent for door motors. 
All other requirements of 10 CFR part 431, subpart R, appendix A and 
DOE's regulations remain applicable.
    (3) Representations. Senneca may not make representations about the 
energy use of a basic model listed in paragraph (1) for compliance, 
marketing, or other purposes unless that the basic model has been 
tested in accordance with the provisions set forth above and such 
representations fairly disclose the results of such testing.
    (4) This Interim Waiver Order shall remain in effect according to 
the provisions of 10 CFR 431.401.
    (5) This Interim Waiver Order is issued on the condition that the 
door performance characteristics, statements, representations, test 
data, and documentary materials provided by Senneca are valid. If 
Senneca makes any modifications to the controls or configurations of a 
basic model subject to this Interim Waiver Order, such modifications 
will render the waiver invalid with respect to that basic model, and 
Senneca 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 waiver at any time if it determines the factual 
basis underlying the petition for the Interim Waiver Order 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, Senneca may request 
that DOE rescind or modify the Interim Waiver Order if Senneca 
discovers an error in the information provided to DOE as part of its 
petition, determines that the interim waiver is no longer needed, or 
for other appropriate reasons. 10 CFR 431.401(k)(2).
    (6) Issuance of this Interim Waiver Order does not release Senneca 
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 models 
that may be manufactured by the petitioner. Senneca 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, Senneca 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).

    Signed in Washington, DC, on September 22, 2020
Alexander N. Fitzsimmons,
Deputy Assistant Secretary, for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

Petition for Senneca Holdings for Waiver of Test Procedure for Walk-In 
Cooler and Freezer Doors

    Senneca Holdings (``Senneca'') is petitioning for a Waiver and 
submitting an Application for Interim Waiver from the current 
Department of Energy (``DOE'') code for walk-in freezer doors per Title 
10 Chapter II Subpart R, General Provisions, Section 431.401.
    Senneca operates in the specialty door industry and is the parent 
company to a diversified group of commercial and industrial door 
brands. Chase Doors, a Senneca Company--began operating in 1932 as an 
insulated walk-in cooler and specialty refrigeration equipment 
manufacturer. Today, Chase Doors manufactures made-to-order specialty 
door systems, offering a broad spectrum of specialty doors systems 
including a complete line of cold storage doors and double-acting swing 
doors (impact traffic doors).
    Certain doors produced under two of Chase Doors' brands, 
ColdGuard[supreg] and Eco-Cold, are the subject of this petition. From 
walk-in coolers to industrial warehouse applications, ColdGuard[supreg] 
and Eco-Cold offer cooler and freezer doors to meet the demanding 
requirements of the cold storage industry.

I. Basic Models for Which Senneca Requests a Waiver

    Senneca requests a waiver and interim waiver for the 
ColdGuard[supreg] and Eco Cold basic models set forth in Appendix I.
    Please note that Appendix I provides a range of potential height 
and width measurements for individual models

[[Page 60776]]

and uses asterisks, or wildcards, to represent height and width 
measurements in the individual model numbers. Use of the asterisks is 
necessary as Senneca has not yet determined every precise height and 
width combination that we will include in a forthcoming certification 
submission. In order to ensure DOE has enough information to assess 
what sized doors are covered by the waiver request, Senneca has 
identified the final surface area for each model listed in Appendix I. 
Thus, while the exact height and width of individual models will be 
reflected in Senneca's certifications, Senneca includes a height and 
width range and asterisks in Appendix I of its waiver petition.

II. Why Senneca Requests a Waiver

    Currently, per the standard in section 4.5.2--titled ``Direct 
Energy Consumption of Electrical Components of Non-Display Doors''--of 
Appendix A to Subpart R of Part 431, the rating of the door for 
insulating values and motor power use a percent time off (``PTO'') of 
25 percent. This would require the door motor to operate for 75 percent 
of the day which significantly overstates normal motor usage on our 
basic brands of powered door models, causing the prescribed test 
procedures' evaluation of the models to be ``so unrepresentative of 
[their] true energy . . . consumption characteristics as to provide 
materially inaccurate comparative data.'' 10 CFR Sec. 431.401(a)(1).
    The first example, listed below, is for the ColdGuard[supreg] and 
Eco-Cold horizontally sliding door models that normally operate at a 
total speed of 12 inches per second (``IPS'') or greater. The second 
example is for the ColdGuard[supreg] and Eco-Cold vertical lift door 
models that normally operate at a total speed of 8 IPS or greater. 
Documentation and support for the numbers used below are included in 
Appendix II. While the supporting materials in Appendix II refer to and 
cover a broader group of doors than the ColdGuard[supreg] and Eco-Cold 
basic models listed in Appendix I, the materials are accurate in their 
description of the components of the ColdGuard[supreg] and Eco-Cold 
basic models listed in Appendix I. That is, the supporting materials 
provided cover all ColdGuard[supreg] and Eco-Cold basic models listed 
in Appendix I.

A. First Example: ColdGuard[supreg] and Eco-Cold Horizontally Sliding 
Door Models

    Listed Model Groups:

 SSE-EHD-D--Single Slide Electric Extra Heavy Duty
 BPE-EHD-D--Bi-Parting Electric Extra Heavy Duty

    The DOE has stated that door operation of 120 cycles (operations) 
per day is normal. We use this cycle number as our norm when estimating 
customer usage of the sliding model doors listed above and will use 
this as the base for our first PTO example. One cycle is defined as one 
opening and closing cycle of a door with a door opening of 120 inches 
operating at a constant speed of 12 IPS in both directions.
    The time during which the door is in an open or stopped position 
adds nothing to the calculation as the motor is not powered during this 
time.

Door Cycles/Day = 120
Door Cycle time = 20 Sec.
Total run time/Day (min.) = 40
Total run time/Day (hr.) = 0.67
Total not running time/Day (hr.) = 23.33
PTO calculated = .972

B. Second Example: ColdGuard[supreg] and Eco-Cold Vertical Lift Door 
Models

    Listed Model Group:

 VLE-D--Vertical Lift Electric

    In our second PTO example, the ColdGuard[supreg] and Eco-Cold 
Vertical Lift door models are operated at a maximum of 20 cycles 
(operations) per day as specified by Chase Doors. One cycle is defined 
as one opening and closing cycle of a door with a door opening of 120 
inches operating at a constant speed of 8 IPS in both directions.
    The time during which the door is in an open or stopped position 
adds nothing to the calculation as the motor is not powered during this 
time.

Door Cycles/Day = 20
Door Cycle time = 30 Sec.

Total run time/Day (min.) = 10
Total run time/Day (hr.) = 0.17
Total not running time/Day (hr.) = 23.83
PTO calculated = .993

    Based on the PTO examples above, Senneca requests a waiver to use a 
PTO value of 97 percent as the minimum value \1\ for the 
ColdGuard[supreg] and Eco-Cold models set forth in Appendix I.\2\ The 
calculation for all door models demonstrates a much lower motor run 
time than the standards allow which results in much larger energy 
savings. Senneca is requesting this waiver so that we can continue to 
sell these power-operated doors which are more convenient and efficient 
for our customers. These doors represent a large part of the WICF 
market, and our business would be severely impacted if we could no 
longer make these doors available for our customers.
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    \1\ In using a PTO of 97 as the ``minimum value,'' Senneca means 
that it is requesting its waiver using the lower of the PTO values 
from the two examples' calculations--that is, 97 instead of 99--so 
that the resulting energy consumption represents the highest 
potential energy consumption.
    \2\ This waiver request is limited to the ColdGuard[supreg] and 
Eco-Cold basic models listed in Appendix I. Although additional 
basic models and individual models may exist within a model group, 
those basic models and individual models are not power- operated and 
thus are not included in the request. Moreover, the 
ColdGuard[supreg] and Eco-Cold basic models and individual models 
listed in Appendix I reflect new modeling nomenclature, updated to 
more closely align with DOE expectations.
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III. Interim Waiver Request

    Senneca is also requesting an interim waiver for the identified 
ColdGuard[supreg] and Eco-Cold basic models and individual models in 
Appendix I. Without the interim waiver, Senneca would be forced to 
withhold shipment of listed models subject to the current energy 
conservation standards even though other manufacturers have been 
granted a waiver that allows them to continue shipment of similar 
products. Obtaining a waiver is a critical step in eliminating any 
further economic hardship, and it is imperative that the interim waiver 
be granted to avoid placing Senneca at a competitive disadvantage.

IV. Other Manufacturers

    Manufacturers known to us of other basic models that are 
distributed in the United States and that incorporate designs with 
similar characteristics that are subject to this petition include: 
JAMISON DOORS, HH TECHNOLOGIES, and FRANK DOORS.
    Sincerely,

/s/

Mike Nagle,
Electrical Engineer,
Senneca Holdings,
    P: 513-603-2965, C: 513-378-2120,
[email protected].

Appendix I

    For a list of the specific basic models for which the test 
procedure applies see docket at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0009-0003.

Appendix II

    For product literature used to calculate percent time off see 
docket at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0009-
0003.

[FR Doc. 2020-21286 Filed 9-25-20; 8:45 am]
BILLING CODE 6450-01-P