Energy Conservation Program: Decision and Order Granting a Waiver to Senneca Holdings From the Department of Energy Walk-in Cooler and Walk-in Freezer Test Procedure, 75-78 [2020-29099]

Download as PDF Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices data by Friday, March 26, 2021, to facilitate timely processing. Submissions by SEAs to the Census Bureau will be analyzed for accuracy and returned to each SEA for verification. SEAs must submit all data, including any revisions to FY 2019 and FY 2020 data, to the Census Bureau no later than Friday, August 13, 2021. Any resubmissions of FY 2019 or FY 2020 data by SEAs in response to requests for clarification or reconciliation or other inquiries by NCES or the Census Bureau must be completed by Tuesday, September 7, 2021. Between August 13, 2021, and September 7, 2021, SEAs may also, on their own initiative, resubmit data to resolve issues not addressed in their final submission of NPEFS data by August 13, 2021. All outstanding data issues must be reconciled or resolved by the SEAs, NCES, and the Census Bureau as soon as possible, but no later than September 7, 2021. In order to facilitate timely submission of data, the Census Bureau will send reminder notices to SEAs in June and July of 2021. Having accurate, consistent, and timely information is critical to an efficient and fair allocation process and to the NCES statistical process. The Department establishes Friday, August 13, 2021, as the final date by which the SEAs must submit data using either the interactive survey form on the NPEFS data collection website at: https:// surveys.nces.ed.gov/ccdnpefs or ED Form 2447. This date is established to ensure that the best, most accurate data will be available to support timely distribution of Federal education funds. Any resubmissions of FY 2019 or FY 2020 data by SEAs in response to 75 requests for clarification or reconciliation or other inquiries by NCES or the Census Bureau must be completed through the interactive survey form on the NPEFS data collection website or ED Form 2447 by Tuesday, September 7, 2021. If an SEA submits revised data after the final deadline that result in a lower SPPE figure, the SEA’s allocations may be adjusted downward, or the Department may direct the SEA to return funds. SEAs should be aware that all of these data are subject to audit and that, if any inaccuracies are discovered in the audit process, the Department may seek recovery of overpayments for the applicable programs. Note: The following are important dates in the data collection process for FY 2020 data and revisions to reports for previous fiscal years: Date Activity January 29, 2021 ...... SEAs can begin to submit accurate and complete data for FY 2020 and revisions to previously submitted data for FY 2019. Date by which SEAs are urged to submit accurate and complete data for FY 2020 and FY 2019. Mandatory final submission date for FY 2019 and FY 2020 data to be used for program funding allocation purposes. Mandatory final deadline for responses by SEAs to requests for clarification or reconciliation or other inquiries by NCES or the Census Bureau. Between August 13, 2021, and September 7, 2021, SEAs may also, on their own initiative, resubmit data to resolve issues not addressed in their final submission of NPEFS data by August 13, 2021. All data issues must be resolved. March 26, 2021 ......... August 13, 2021 ........ September 7, 2021 .... Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 the Department. (Authority: 20 U.S.C. 9543.) Craig Stanton, Deputy Director of Administration and Policy, Institute of Education Sciences. [FR Doc. 2020–29112 Filed 12–31–20; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY [Case Number 2020–002; EERE–2020–BT– WAV–0009] Energy Conservation Program: Decision and Order Granting a Waiver to Senneca Holdings From the Department of Energy Walk-in Cooler and Walk-in Freezer Test Procedure Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notification of decision and order. AGENCY: The Department of Energy (‘‘DOE’’) gives notification of a Decision and Order (Case Number 2020–002) that grants to Senneca Holdings (‘‘Senneca’’) a waiver from specified portions of the DOE test procedure for determining the energy consumption of specified walkin cooler and walk-in freezer door (‘‘walk-in door’’) basic models. Under SUMMARY: PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 the Decision and Order, Senneca is required to test and rate the specified basic models of its walk-in doors in accordance with the alternate test procedure specified in the Decision and Order. DATES: The Decision and Order is effective on January 4, 2021. The Decision and Order will terminate upon the compliance date of any future amendment to the test procedure for walk-in cooler and walk-in freezer doors located at title 10 of the Code of Federal Regulations (‘‘CFR’’), part 431, subpart R, appendix A that addresses the issues presented in this waiver. At such time, Senneca must use the relevant test procedure for this equipment for any testing to demonstrate compliance with the applicable standards, and any other representations of energy use. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Email: AS_Waiver_ Requests@ee.doe.gov. Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585–0103. E:\FR\FM\04JAN1.SGM 04JAN1 76 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices Telephone: (202) 586–8145. Email: Michael.Kido@hq.doe.gov. SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of Federal Regulations (10 CFR 431.401(f)(2)), DOE gives notification of the issuance of its Decision and Order as set forth below. The Decision and Order grants Senneca a waiver from the applicable test procedure at 10 CFR part 431, subpart R, appendix A for specified basic models of walk-in doors, and provides that Senneca must test and rate such equipment using the alternate test procedure specified in the Decision and Order. Senneca’s representations concerning the energy consumption of the specified basic models must be based on testing according to the provisions and restrictions in the alternate test procedure set forth in the Decision and Order, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same requirements when making representations regarding the energy consumption of this equipment. (42 U.S.C. 6314(d)) Consistent with 10 CFR 431.401(j), not later than March 5, 2021, any manufacturer not currently distributing in commerce in the United States equipment employing a technology or characteristic that results in the same need for a waiver from the applicable test procedure must submit a petition for waiver. Manufacturers not currently distributing such equipment in commerce in the United States must petition for and be granted a waiver prior to the distribution in commerce of that equipment in the United States. Manufacturers may also submit a request for interim waiver pursuant to the requirements of 10 CFR 431.401. Signing Authority This document of the Department of Energy was signed on December 28, 2020, by Daniel R. Simmons, Assistant Secretary for 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. VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 Signed in Washington, DC, on December 29, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. Case #2020–002 Decision and Order I. Background and Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),1 among other things, 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 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. These types of equipment include walk-in coolers and walk-in freezers, the focus of this document. (42 U.S.C. 6311(1)(G)) Under EPCA, DOE’s energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6313), 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 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 (Oct. 23, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated as Part A–1. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 reflect 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 walk-in doors is contained at 10 CFR part 431, subpart R, appendix A, ‘‘Uniform Test Method for the Measurement of Energy Consumption of the Components of Envelopes of WalkIn 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. 10 CFR 431.401(f)(2). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. Id. II. Senneca’s Petition for Waiver: Assertions and Determinations By letter dated March 13, 2020, Senneca Holdings (‘‘Senneca’’) filed a petition for waiver and a petition for interim waiver from the DOE test procedure applicable to walk-in doors set forth in Appendix A. (Senneca, No. 1) 3 In response to questions from DOE, Senneca provided subsequent petitions for waiver and interim waiver on June 12, 2020 (Senneca, No. 2) and on July 21, 2020 (Senneca, No. 3).4 Appendix A accounts for the power consumption of all electrical components associated with each door and discounts the power consumption of electrical components based on their operating time by an assigned percent time off (‘‘PTO’’) value. Appendix A, section 4.5.2. Section 4.5.2 of Appendix A specifies a PTO of 25 percent for ‘‘other electricity-consuming 3 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. 4 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 petition can be found in the docket at https:// www.regulations.gov/docket?D=EERE-2020-BTWAV-0009. E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices devices’’ (i.e., electrical devices other than lighting or anti-sweat heaters) that have demand-based controls, and a PTO of 0 percent for other electricityconsuming devices without demandbased controls. Id. In its petition for waiver, Senneca suggested applying a PTO value of 97 percent to the door motors associated with the basic models specified in its petition. Senneca stated that the test procedure’s assumption that the door motor operates for 75 percent of the day significantly overstates normal motor usage on their ColdGuard 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). On September 28, 2020, DOE published a notification that announced its receipt of the petition for waiver and granted Senneca an interim waiver. 85 FR 60771 (‘‘Notification of Petition for Waiver’’). In the Notification of Petition for Waiver, DOE presented Senneca’s claim that results from testing the specified basic models according to Appendix A are unrepresentative of actual energy usage because of the assigned PTO value. DOE also summarized Senneca’s requested alternate test procedure, which would require testing the specified basic models according to Appendix A, except the PTO value for door motors would be modified from 25 percent to 97 percent for the specified freight and passage doors. As explained in the Notification of Petition for Waiver, DOE considered the potential range of parameters affecting door motor operating time and evaluated the PTO based on the most energy consumptive scenarios for both the horizontally and vertically opening door basic models specified by Senneca. 85 FR 60771, 60774. In its calculations, DOE used the largest door opening at the slowest speed and standard duty cycle specified in the product literature of the door motors associated with Senneca’s specified basic models. Id. Assuming the most energy consumptive scenarios, DOE initially determined that the suggested PTO value of 97 percent was more representative of actual energy use than the currently required PTO value of 25 percent. 85 FR 60771, 60775. In the Notification of Petition for Waiver, DOE also solicited comments from interested parties on all aspects of the petition and the specified alternate test procedure. 85 FR 60771. In response, DOE received one substantive VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 comment 5 from Hussmann Corporation (‘‘Hussmann’’).6 Hussmann objected to Senneca’s request for an alternate test procedure, asserting that Senneca’s waiver request does not meet the criteria for DOE to grant a waiver, specifically: (1) The basic model(s) for which the waiver was requested must contain a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or (2) the prescribed test procedure must evaluate the basic model(s) in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. (Hussmann, No. 5 at p. 1) Further, Hussmann stated that Senneca’s petition should be denied because investment and redesign can be used to achieve compliance with the current Federal standards. (Hussmann, No. 5 at p. 2) As discussed previously, DOE may grant a waiver if either (1) 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 (2) 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). In response to Hussmann’s assertion that the criteria for granting a waiver to Senneca has not been met, DOE notes that while Senneca is not prevented from testing the basic models specified in its waiver petition, the performance data demonstrate that the current test procedure evaluates the energy consumption of its basic models with motorized door openers in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. In response to Hussmann’s comment that compliance with current Federal standards could be achieved, DOE notes that the criteria which allow DOE to grant a waiver do not depend on whether investment or redesign could make the basic models compliant with the standard. EPCA does not require that a manufacturer design a particular type of equipment to enable it to be tested under a given test procedure. Instead, a test procedure must, among other things, be reasonably designed to produce test results reflecting the energy efficiency of a given type of industrial equipment. See generally 42 U.S.C. 5 DOE received an additional comment from an anonymous submitter opposing waivers in general. 6 Hussmann’s comment can be accessed at: https://www.regulations.gov/docket?D=EERE-2020BT-WAV-0009. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 77 6314(a)(2). Additionally, the 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. 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).7 For the reasons explained here and in the Notification of Petition for Waiver, absent a waiver the basic models identified by Senneca in its petition cannot be tested and rated for energy consumption on a basis representative of their true energy consumption characteristics. DOE has reviewed the recommended procedure suggested by Senneca and concludes that it will allow for the accurate measurement of the energy use of the equipment, while alleviating the testing issues associated with Senneca’s implementation of DOE’s applicable walk-in door test procedure for the specified basic models. Thus, DOE is requiring that Senneca test and rate walk-in door basic models according to the alternate test procedure specified in this Decision and Order, which is identical to the procedure provided in the interim waiver. This Decision and Order is applicable only to the basic models listed and does not extend to any other basic models. DOE evaluates and grants waivers for only those basic models specifically set out in the petition, not future models that may be manufactured by the petitioner. Senneca may request that DOE extend the scope of this waiver to include additional basic models that employ the same technology as those listed in this waiver. 10 CFR 431.401(g). Senneca may also submit another petition for waiver from the test procedure for additional basic models that employ a different technology and meet the criteria for test procedure waivers. 10 CFR 431.401(a)(1). DOE notes that it may modify or rescind the waiver at any time upon DOE’s determination that the factual basis underlying the petition for waiver 7 DOE notes that Hussmann has previously expressed general support for similar petitions for waiver, specifically in response to waiver petitions from Jamison Door, in which Jamison Door requested a PTO value of 93.5 percent (Docket No. EERE–2017–BT–WAV–0040–0005 at p. 1), and from HH Technologies, in which HH Technologies requested a PTO value of 96 percent (Docket No. EERE–2018–BT–WAV–0001–0013 at p. 1). E:\FR\FM\04JAN1.SGM 04JAN1 78 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise, Senneca may request that DOE rescind or modify the waiver if the company discovers an error in the information provided to DOE as part of its petition, determines that the waiver is no longer needed, or for other appropriate reasons. 10 CFR 431.401(k)(2). III. Order After careful consideration of all the material that was submitted by Senneca, the various public-facing materials (e.g., product literature, installation manuals) for the units listed in the petition, and comment(s) received, in this matter, it is ordered that: (1) Senneca must, as of the date of publication of this Order in the Federal Register, 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 with the alternate test procedure as set forth in paragraph (2): (2) The alternate test procedure for the Senneca basic models identified in paragraph (1) of this Order is the test procedure for walk-in doors prescribed by DOE at 10 CFR part 431, subpart R, appendix A, except that the 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 identified in paragraph (1) of this Order for compliance or marketing, unless the basic model has been tested in accordance with the provisions set forth above and such representations fairly disclose the results of such testing. (4) This waiver shall remain in effect according to the provisions of 10 CFR 431.401. (5) DOE issues this waiver 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 these basic models, 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 VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 rescind 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 a basic model’s true energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise, Senneca may request that DOE rescind or modify the waiver if Senneca discovers an error in the information provided to DOE as part of its petition, determines that the waiver is no longer needed, or for other appropriate reasons. 10 CFR 431.401(k)(2). (6) Senneca remains obligated to fulfill all applicable requirements set forth at 10 CFR part 429. Signed in Washington, DC, on December 28, 2020. Daniel R. Simmons, Assistant Secretary for Energy Efficiency and Renewable Energy. [FR Doc. 2020–29099 Filed 12–31–20; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Agency Information Collection Extension Office of Environment, Health, Safety and Security, Department of Energy. ACTION: Notice and request for comments. AGENCY: The Department of Energy (DOE), pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years, an information collection request with the Office of Management and Budget (OMB). The information continues to be necessary to provide DOE with the information needed to reduce the number of workers currently exposed to beryllium in the course of their work at sites managed by DOE or its contractors; minimize the levels of and potential for exposure to beryllium; and provide medical surveillance to ensure early detection of chronic beryllium disease. DATES: Comments regarding this proposed information collection must be received on or before March 5, 2021. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. SUMMARY: Written comments may be sent to James Dillard, U.S. Department of Energy, Office of Health, Safety and Security, AU–11/Germantown Building, 1000 Independence Avenue SW, Washington, DC 20585, or by email at: james.dillard@hq.doe.gov. ADDRESSES: PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to James Dillard, U.S. Department of Energy, Office of Health, Safety and Security, AU–11/ Germantown Building, 1000 Independence Avenue SW, Washington, DC 20585, or by email at james.dillard@ hq.doe.gov or by telephone at (301) 903– 1165. SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether the extended collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. This information collection request contains: (1) OMB Control No.: 1910– 5112; (2) Information Collection Request Title: Final Rule: Chronic Beryllium Disease Prevention Program; (3) Type of Review: Renewal; (4) Purpose: This collection provides the Department with the information needed to continue reducing the number of workers currently exposed to beryllium in the course of their work at DOE facilities managed by DOE or its contractors; minimize the levels and potential exposure to beryllium; to provide information to employees, to provide medical surveillance to ensure early detection of disease; and to permit oversight of the programs by DOE management. DOE issued a final rule on December 8, 1999 (64 FR 68854), Chronic Beryllium Disease Prevention Program, which includes provisions that impose collections of information; (5) Annual Estimated Number of Respondents: 6,650 (26 DOE sites and 6,624 workers affected by the rule); (6) Annual Estimated Number of Total Responses: 16,613; (7) Annual Estimated Number of Burden Hours: 29,290; (8) Annual Estimated Reporting and Recordkeeping Cost Burden: $1,867,465; (9) Response Obligation: Mandatory. Statutory Authority: Atomic Energy Act of 1954, 42 U.S.C. 2201, and the Department of Energy Organization Act, 42 U.S.C. 7191 and 42 U.S.C. 7254. E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 75-78]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29099]


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DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to Senneca Holdings From the Department of Energy Walk-in Cooler and 
Walk-in Freezer Test Procedure

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

ACTION: Notification of decision and order.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (``DOE'') gives notification of a 
Decision and Order (Case Number 2020-002) that grants to Senneca 
Holdings (``Senneca'') a waiver from specified portions of the DOE test 
procedure for determining the energy consumption of specified walk-in 
cooler and walk-in freezer door (``walk-in door'') basic models. Under 
the Decision and Order, Senneca is required to test and rate the 
specified basic models of its walk-in doors in accordance with the 
alternate test procedure specified in the Decision and Order.

DATES: The Decision and Order is effective on January 4, 2021. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for walk-in cooler and walk-in 
freezer doors located at title 10 of the Code of Federal Regulations 
(``CFR''), part 431, subpart R, appendix A that addresses the issues 
presented in this waiver. At such time, Senneca must use the relevant 
test procedure for this equipment for any testing to demonstrate 
compliance with the applicable standards, and any other representations 
of energy use.

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

[[Page 76]]

Telephone: (202) 586-8145. Email: [email protected].

SUPPLEMENTARY INFORMATION: 
    In accordance with Title 10 of the Code of Federal Regulations (10 
CFR 431.401(f)(2)), DOE gives notification of the issuance of its 
Decision and Order as set forth below. The Decision and Order grants 
Senneca a waiver from the applicable test procedure at 10 CFR part 431, 
subpart R, appendix A for specified basic models of walk-in doors, and 
provides that Senneca must test and rate such equipment using the 
alternate test procedure specified in the Decision and Order. Senneca's 
representations concerning the energy consumption of the specified 
basic models must be based on testing according to the provisions and 
restrictions in the alternate test procedure set forth in the Decision 
and Order, and the representations must fairly disclose the test 
results. Distributors, retailers, and private labelers are held to the 
same requirements when making representations regarding the energy 
consumption of this equipment. (42 U.S.C. 6314(d))
    Consistent with 10 CFR 431.401(j), not later than March 5, 2021, 
any manufacturer not currently distributing in commerce in the United 
States equipment employing a technology or characteristic that results 
in the same need for a waiver from the applicable test procedure must 
submit a petition for waiver. Manufacturers not currently distributing 
such equipment in commerce in the United States must petition for and 
be granted a waiver prior to the distribution in commerce of that 
equipment in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 431.401.

Signing Authority

    This document of the Department of Energy was signed on December 
28, 2020, by Daniel R. Simmons, Assistant Secretary for 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 December 29, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case #2020-002 Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
among other things, 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 
\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. 
These types of equipment include walk-in coolers and walk-in freezers, 
the focus of this document. (42 U.S.C. 6311(1)(G))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
---------------------------------------------------------------------------

    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 
6315), energy conservation standards (42 U.S.C. 6313), 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 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 walk-in doors is contained 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. 10 CFR 431.401(f)(2). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.

II. Senneca's Petition for Waiver: Assertions and Determinations

    By letter dated March 13, 2020, Senneca Holdings (``Senneca'') 
filed a petition for waiver and a petition for interim waiver from the 
DOE test procedure applicable to walk-in doors set forth in Appendix A. 
(Senneca, No. 1) \3\ In response to questions from DOE, Senneca 
provided subsequent petitions for waiver and interim waiver on June 12, 
2020 (Senneca, No. 2) and on July 21, 2020 (Senneca, No. 3).\4\ 
Appendix A accounts for the power consumption of all electrical 
components associated with each door and discounts the power 
consumption of electrical components based on their operating time by 
an assigned percent time off (``PTO'') value. Appendix A, section 
4.5.2. Section 4.5.2 of Appendix A specifies a PTO of 25 percent for 
``other electricity-consuming

[[Page 77]]

devices'' (i.e., electrical devices other than lighting or anti-sweat 
heaters) that have demand-based controls, and a PTO of 0 percent for 
other electricity-consuming devices without demand-based controls. Id. 
In its petition for waiver, Senneca suggested applying a PTO value of 
97 percent to the door motors associated with the basic models 
specified in its petition. Senneca stated that the test procedure's 
assumption that the door motor operates for 75 percent of the day 
significantly overstates normal motor usage on their ColdGuard 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).
---------------------------------------------------------------------------

    \3\ 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.
    \4\ 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 petition can be found 
in the docket at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0009.
---------------------------------------------------------------------------

    On September 28, 2020, DOE published a notification that announced 
its receipt of the petition for waiver and granted Senneca an interim 
waiver. 85 FR 60771 (``Notification of Petition for Waiver''). In the 
Notification of Petition for Waiver, DOE presented Senneca's claim that 
results from testing the specified basic models according to Appendix A 
are unrepresentative of actual energy usage because of the assigned PTO 
value. DOE also summarized Senneca's requested alternate test 
procedure, which would require testing the specified basic models 
according to Appendix A, except the PTO value for door motors would be 
modified from 25 percent to 97 percent for the specified freight and 
passage doors.
    As explained in the Notification of Petition for Waiver, DOE 
considered the potential range of parameters affecting door motor 
operating time and evaluated the PTO based on the most energy 
consumptive scenarios for both the horizontally and vertically opening 
door basic models specified by Senneca. 85 FR 60771, 60774. In its 
calculations, DOE used the largest door opening at the slowest speed 
and standard duty cycle specified in the product literature of the door 
motors associated with Senneca's specified basic models. Id. Assuming 
the most energy consumptive scenarios, DOE initially determined that 
the suggested PTO value of 97 percent was more representative of actual 
energy use than the currently required PTO value of 25 percent. 85 FR 
60771, 60775.
    In the Notification of Petition for Waiver, DOE also solicited 
comments from interested parties on all aspects of the petition and the 
specified alternate test procedure. 85 FR 60771. In response, DOE 
received one substantive comment \5\ from Hussmann Corporation 
(``Hussmann'').\6\ Hussmann objected to Senneca's request for an 
alternate test procedure, asserting that Senneca's waiver request does 
not meet the criteria for DOE to grant a waiver, specifically: (1) The 
basic model(s) for which the waiver was requested must contain a design 
characteristic that prevents testing of the basic model according to 
the prescribed test procedures, or (2) the prescribed test procedure 
must evaluate the basic model(s) in a manner so unrepresentative of its 
true energy consumption as to provide materially inaccurate comparative 
data. (Hussmann, No. 5 at p. 1) Further, Hussmann stated that Senneca's 
petition should be denied because investment and redesign can be used 
to achieve compliance with the current Federal standards. (Hussmann, 
No. 5 at p. 2)
---------------------------------------------------------------------------

    \5\ DOE received an additional comment from an anonymous 
submitter opposing waivers in general.
    \6\ Hussmann's comment can be accessed at: https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0009.
---------------------------------------------------------------------------

    As discussed previously, DOE may grant a waiver if either (1) 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 (2) 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). In response to Hussmann's 
assertion that the criteria for granting a waiver to Senneca has not 
been met, DOE notes that while Senneca is not prevented from testing 
the basic models specified in its waiver petition, the performance data 
demonstrate that the current test procedure evaluates the energy 
consumption of its basic models with motorized door openers in a manner 
so unrepresentative of its true energy consumption as to provide 
materially inaccurate comparative data. In response to Hussmann's 
comment that compliance with current Federal standards could be 
achieved, DOE notes that the criteria which allow DOE to grant a waiver 
do not depend on whether investment or redesign could make the basic 
models compliant with the standard. EPCA does not require that a 
manufacturer design a particular type of equipment to enable it to be 
tested under a given test procedure. Instead, a test procedure must, 
among other things, be reasonably designed to produce test results 
reflecting the energy efficiency of a given type of industrial 
equipment. See generally 42 U.S.C. 6314(a)(2). Additionally, the 
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. 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).\7\
---------------------------------------------------------------------------

    \7\ DOE notes that Hussmann has previously expressed general 
support for similar petitions for waiver, specifically in response 
to waiver petitions from Jamison Door, in which Jamison Door 
requested a PTO value of 93.5 percent (Docket No. EERE-2017-BT-WAV-
0040-0005 at p. 1), and from HH Technologies, in which HH 
Technologies requested a PTO value of 96 percent (Docket No. EERE-
2018-BT-WAV-0001-0013 at p. 1).
---------------------------------------------------------------------------

    For the reasons explained here and in the Notification of Petition 
for Waiver, absent a waiver the basic models identified by Senneca in 
its petition cannot be tested and rated for energy consumption on a 
basis representative of their true energy consumption characteristics. 
DOE has reviewed the recommended procedure suggested by Senneca and 
concludes that it will allow for the accurate measurement of the energy 
use of the equipment, while alleviating the testing issues associated 
with Senneca's implementation of DOE's applicable walk-in door test 
procedure for the specified basic models. Thus, DOE is requiring that 
Senneca test and rate walk-in door basic models according to the 
alternate test procedure specified in this Decision and Order, which is 
identical to the procedure provided in the interim waiver.
    This Decision and Order is applicable only to the basic models 
listed and does not extend to any other basic models. DOE evaluates and 
grants waivers for only those basic models specifically set out in the 
petition, not future models that may be manufactured by the petitioner.
    Senneca may request that DOE extend the scope of this waiver to 
include additional basic models that employ the same technology as 
those listed in this waiver. 10 CFR 431.401(g). Senneca may also submit 
another petition for waiver from the test procedure for additional 
basic models that employ a different technology and meet the criteria 
for test procedure waivers. 10 CFR 431.401(a)(1).
    DOE notes that it may modify or rescind the waiver at any time upon 
DOE's determination that the factual basis underlying the petition for 
waiver

[[Page 78]]

is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise, 
Senneca may request that DOE rescind or modify the waiver if the 
company discovers an error in the information provided to DOE as part 
of its petition, determines that the waiver is no longer needed, or for 
other appropriate reasons. 10 CFR 431.401(k)(2).

III. Order

    After careful consideration of all the material that was submitted 
by Senneca, the various public-facing materials (e.g., product 
literature, installation manuals) for the units listed in the petition, 
and comment(s) received, in this matter, it is ordered that:
    (1) Senneca must, as of the date of publication of this Order in 
the Federal Register, 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 with the alternate test procedure as set forth in 
paragraph (2):
    (2) The alternate test procedure for the Senneca basic models 
identified in paragraph (1) of this Order is the test procedure for 
walk-in doors prescribed by DOE at 10 CFR part 431, subpart R, appendix 
A, except that the 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 identified in paragraph (1) of this Order 
for compliance or marketing, unless the basic model has been tested in 
accordance with the provisions set forth above and such representations 
fairly disclose the results of such testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 431.401.
    (5) DOE issues this waiver 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 these 
basic models, 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 waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of a basic model's true energy consumption 
characteristics. 10 CFR 431.401(k)(1). Likewise, Senneca may request 
that DOE rescind or modify the waiver if Senneca discovers an error in 
the information provided to DOE as part of its petition, determines 
that the waiver is no longer needed, or for other appropriate reasons. 
10 CFR 431.401(k)(2).
    (6) Senneca remains obligated to fulfill all applicable 
requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on December 28, 2020.

Daniel R. Simmons,

Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2020-29099 Filed 12-31-20; 8:45 am]
BILLING CODE 6450-01-P
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