Energy Conservation Program: Notification of Petition for Waiver of Hercules, a Senneca Holdings Company, From the Department of Energy Walk-in Cooler and Walk-in Freezer Test Procedure and Notification of Grant of Interim Waiver, 8553-8558 [2020-29100]
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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations
‘‘For compact dishwashers that have
neither prewash program nor a main
detergent compartment, determine the
amount of main wash detergent (in
grams) to be added directly into the
dishwasher chamber according to
section 2.10.2 of this appendix.’’
Add the following at the end of
section 2.1 of Appendix C1:
‘‘A compact in-sink dishwasher
combined with a sink doesn’t have a flat
bottom and must be tested in a
rectangular enclosure constructed of
nominal 0.374inch (9.5mm) plywood
painted black. The enclosure must
consist of a bottom, a front, a back, and
two sides, and it shall not have a top.
We put the in-sink dishwasher into the
enclosure from the top and mounted it
to the edges of the enclosure.’’
IV. Petition for Interim Waiver
FOTILE also hereby applies for an
Interim Waiver of the applicable test
procedure requirement for its verysmall-capacity, highly compact, 3–IN–1
in-sink residential dishwasher. The
models for which the Interim Waiver is
requested are SD2F–P1X and SD2F–
P1XL. These models will be marketed in
commerce under the FOTILE brand
name. Based on these facts, we feel
FOTILE meets the criteria for an Interim
Waiver. Without waiver relief, FOTILE
would be subject to requirements that
clearly cannot apply to this product. In
addition, FOTILE would most likely
suffer economic hardship and be at a
competitive disadvantage if it cannot
gain DOE approval and start to
distribute in the United States.
FOTILE’s in-sink dishwasher meets
consumers’ needs in today’s
marketplace because it is highly
compact, easy to install, saves time, and
eliminates having to bend down while
loading and unloading dishes. It is also
an affordable, energy-efficient
alternative for consumers to choose. In
FOTILE’s opinion, we feel there is no
basis to delay this innovative product
from entering the marketplace.
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V. Conclusion
FOTILE respectfully requests that
DOE grant its Petition for Waiver of the
applicable test procedure and grant its
Petition for Interim Waiver for the
specified models.
FOTILE also submits its test report
according to the alternate test procedure
included in the attachment.
Thank you for your timely attention
on reviewing this application of petition
for Waiver and for Interim Waiver.
Respectfully submitted,
/s/
Guoqing Hu,
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Director of Product Department.
Ningbo FOTILE Kitchen Ware Co. Ltd
No.218 Binhai 2nd Road, Hangzhou Bay New
District, Ningbo, China(315336)
[FR Doc. 2020–28497 Filed 2–5–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[Case Number 2020–013; EERE–2020–BT–
WAV–0027]
Energy Conservation Program:
Notification of Petition for Waiver of
Hercules, a Senneca Holdings
Company, From the Department of
Energy Walk-in Cooler and Walk-in
Freezer Test Procedure and
Notification of Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of petition for
waiver and grant of an interim waiver;
request for comments.
AGENCY:
This document announces
receipt of and publishes a petition for
waiver and interim waiver from
Hercules, a Senneca Holdings company,
which seeks a waiver for specified basic
models of walk-in cooler and walk-in
freezer doors (‘‘walk-in 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
notification of an Interim Waiver Order
requiring Hercules 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.
DATES: The Interim Waiver Order is
effective on February 8, 2021. Written
comments and information are
requested and will be accepted on or
before March 10, 2021.
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 ‘‘2020–013’’, and Docket
number ‘‘EERE–2020–BT–WAV–0027,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
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• Email: Hercules2020WAV0027@
ee.doe.gov. Include Case No. 2020–013
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.
2020–013, 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-0027.
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:
AS_Waiver_Request@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Department of Energy (‘‘DOE’’) is
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publishing a petition for waiver from
Hercules, a Senneca Holdings company,
(‘‘Hercules’’) in its entirety, pursuant to
10 CFR 431.401(b)(1)(iv).1 DOE invites
all interested parties to submit in
writing by March 10, 2021, 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 Brendan Batzlaff, Door
Engineering. Telephone: (507) 934–
0545. Email: bbatzlaff@
doorengineering.com.
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.
1 The petition did not identify any of the
information contained therein as confidential
business information.
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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
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
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‘‘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 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 Number 2020–013
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
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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freezers, the subject of this Interim
Waiver Order. (42 U.S.C. 6311(1)(G))
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 covered 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 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
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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).
II. Hercules’s Petition for Waiver and
Interim Waiver
By letter dated July 22, 2020,
Hercules, a Senneca Holdings company,
(‘‘Hercules’’) 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.
(Hercules, No. 1; ‘‘July 2020 petition’’) 4
Subsequent to the July 22, 2020
submission and in response to questions
from DOE regarding characteristics of
4 A notation in the form ‘‘Hercules, No. 1’’
identifies a written submission: (1) Made by
Hercules; and (2) recorded in document number 1
that is filed in the docket of this petition for waiver
(Docket No. EERE–2020–BT–WAV–0027) and
available for review at https://www.regulations.gov.
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the specified basic models and
stipulated values in the suggested
alternate test procedure, Hercules
submitted an updated petition for
waiver and interim waiver on October
14, 2020, that provided additional and
updated information. (Hercules, No. 2;
‘‘October 2020 petition’’) 5
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. Hercules 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
Hercules’s waiver petition are ‘‘other
electricity consuming devices . . .
controlled by a preinstalled timer,
control system or other auto-shut-off
system’’ under section 4.5.2(a)(3) of
Appendix A. The DOE test procedure
specifies using a PTO value of 25
percent for such devices, thereby
reflecting an ‘‘on’’ time of 75 percent.
Hercules stated that operating a door
motor for 75 percent of the day
significantly overstates normal motor
usage on their powered door models.
(Hercules, No. 2 at p. 1)
In the July 2020 petition, Hercules
requested a PTO of 96 percent, based on
an opening of 120 inches, instead of the
PTO value of 25 percent specified in
section 4.5.2(a)(3) of Appendix A for
electricity-consuming devices other
than lighting and anti-sweat heaters.
(Hercules, No. 1 at pp. 2–3) DOE
requested clarification from Hercules on
the maximum opening width and height
for all horizontally and vertically
opening doors specified in the petition
for waiver to evaluate the most energy
consumptive scenarios.
In the October 2020 petition, Hercules
provided performance data for three
door examples: the first two for
horizontally sliding door basic models
and the third for vertical lift door basic
models. (Hercules, No. 2 at pp. 2–3) All
examples estimated a normal daily use
of 120 cycles. One cycle is one complete
opening and one complete closing of a
5 Due to the lengthy list of walk-in door basic
models listed in Hercules’s October 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-0027.
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door. 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
The first example provided by
Hercules was the Single Slide Electric
Horizontal Sliding Door, which has a
maximum opening of 288 inches
operating at a speed of 10 inches per
second (‘‘IPS’’) in both directions.
(Hercules, No. 2 at p. 2) For this
example, the normal daily use cycle
estimate and cycle time estimate result
in a total motor run time of 115.2
minutes (1.92 hours) per day, leaving
the door motor out of operation for
22.08 hours per day, or 92 PTO. Id.
The second example provided by
Hercules was the Bi-Parting Electric
Horizontal Sliding Door, which has a
maximum opening of 288 inches
operating at a speed of 10 IPS in both
directions for each door. Id. Because the
motor operator controls the movement
of two doors at once, the cycle time is
half of what it was for the Single Slide
Electric Horizontal Sliding Door
example. This results in an estimated
total motor run time of 57.6 minutes
(0.96 hours) per day, leaving the door
motor out of operation for 23.04 hours
per day, or 96 PTO. Id.
The third example provided by
Hercules was the Electric Vertical Lift
door, which has a maximum vertical
opening of 288 inches operating at a
speed of 12 IPS in both directions.
(Hercules, No. 2 at p. 3). For this
example, the normal daily use cycle
estimate and cycle time estimate result
in a total run time of 96 minutes (1.6
hours) per day, leaving the door motor
out of operation for 22.4 hours per day,
or 93.3 PTO.
Based on these calculations, Hercules
petitioned DOE to apply a PTO value of
92 percent for the specified basic
models of their walk-in doors that use
electric door motors. Id.
Hercules 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
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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determination of the petition for waiver.
See 10 CFR 431.401(e)(2).
Based on the assertions in the
petition, absent an interim waiver, the
walk-in door basic models with electric
door motors identified in Hercules’s
October 2020 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 covered 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.
Hercules seeks to use an alternate test
procedure to test and rate specific walkin 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,
Hercules requests using the minimum
calculated PTO value in their petition,
92 percent, for all of their specified
models.
VI. Interim Waiver Order
DOE has reviewed Hercules’s
application for an interim waiver, the
alternate test procedure requested by
Hercules, and the data provided by
Hercules in both its original July 2020
petition and the October 2020 petition,
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.
DOE examined the operating
conditions specified in Hercules’s
petition and compared them with the
values mentioned in the product
literature. Specifically, DOE compared
the minimum operating speed of the
motor and maximum length or height of
the door opening to assess if the most
energy consumptive scenario was
captured in the PTO value requested.
Based on DOE’s review of the
manufacturer materials, the examples
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provided by Hercules in the October
2020 petition and the associated
calculations are the most energy
consumptive scenarios for the basic
models specified by Hercules (i.e., the
single-slide electric horizontal sliding
door basic models beginning with EHS–
D, the bi-parting electric horizontal
sliding door basic models beginning
with EBP–D, and the electric vertical
lifting door basic models beginning with
EVL–D). DOE then validated these
calculations.
Based on DOE’s review, Hercules’s
suggested alternate test procedure that
applies a PTO value of 92 percent
appears to allow for the accurate
measurement of the energy
consumption of the specified basic
models, while alleviating the testing
issues associated with Hercules’s
implementation of walk-in door testing
for these basic models. The required use
of a PTO value of 92 percent is
consistent with waivers previously
granted in response to petitions that
presented the same issue as in
Hercules’s petition.7 Consequently, DOE
has determined that Hercules’s petition
for waiver will likely be granted.
Furthermore, DOE has determined that
it is desirable for public policy reasons
to grant Hercules immediate relief
pending a determination of the petition
for waiver.
For the reasons stated, it is ordered
that:
(1) Hercules must test and rate the
Hercules brand basic models listed in
Appendix I of its October 14, 2020
petition as provided in Docket Number
EERE–2020–BT–WAV–0027 8 with the
alternate test procedure set forth in
paragraph (2).
(2) The alternate test procedure for the
Hercules 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 92
percent for door motors. All other
requirements of 10 CFR part 431,
subpart R, appendix A and DOE’s
regulations remain applicable.
(3) Representations. Hercules may not
make representations about the energy
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)).
8 Available at https://www.regulations.gov/
docket?D=EERE-2020-BT-WAV-0027.
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use of a basic model identified in
paragraph (1) for compliance,
marketing, or other purposes unless that
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
Hercules are valid. If Hercules 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 Hercules 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,
Hercules may request that DOE rescind
or modify the Interim Waiver Order if
Hercules 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 Hercules from
the applicable 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.
Hercules 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,
Hercules 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 December
28, 2020.
Daniel R Simmons,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
Hercules
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10/14/2020
Petition for Hercules for Waiver of Test
Procedure for Walk in Cooler and
Freezer Doors
Hercules, a Senneca Holdings
company, 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.
Hercules began operating in 1952 as
an insulated walk-in cooler and
specialty refrigeration equipment
manufacturer. Today, Hercules is a
recognized manufacturer of highquality, made-to-order Cold Storage
door systems. Hercules is mainly
focused on applications including Blast
Freezer, Freezer, Cooler, Docks,
Processing, Ripening Rooms,
Automotive Test Cells, Research
Facilities and Distribution Facilities.
Senneca Holdings Company previously
sold Hercules products into applications
greater than 3000 square feet, but
recently has decided to market Hercules
products into smaller applications that
are regulated by DOE.
I. Basic Models for Which Hercules
Requests a Waiver
Hercules requests a waiver and
interim waiver for the Hercules brand
basic models set forth in Appendix I.
Please note that Appendix I uses
wildcards to represent height and width
measurements in the individual model
numbers, as well as whether the
individual model includes a window.
Use of the wildcards 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
basic model listed in Appendix I. The
ultimate size of a door is determined by
the surface area in the basic model
number, however no door covered by
Appendix I has an opening larger than
288 inches or smaller than 36 inches.
The exact height and width of
individual models will be reflected in
Senneca’s certifications.
II. Why Hercules Requests a Waiver
Currently, per the standard at 10 CFR
431.306, section 4.5.2, the rating of the
door for insulating values and motor
power uses a percent time off, or PTO,
of 25 percent. This would require the
door motor to operate for 75 percent of
the day which significantly overstates
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normal motor usage on our basic brands
of powered door models.
The first example, listed below,
discusses two door types within our
horizontally sliding door model groups
that normally operate at a total speed of
10 Inches Per Second (IPS) or greater.
The second example is for the Hercules
vertical lift door model that normally
operates at a total speed of 12 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
Hercules basic models listed in
Appendix I, these materials are accurate
in their description of the components
of the Hercules basic models listed in
Appendix I. That is, the supporting
materials provided cover all Hercules
basic models listed in Appendix I.
A. First Example: Hercules Horizontally
Sliding Door Models
Hercules Listed Model Groups:
• EHS–D—Single Slide Electric
Horizontal Sliding Door
• EBP–D—Bi-Parting Electric
Horizontal Sliding Door
EHS–D doors have one panel that
must travel the entire width of the
opening to open or close, while EBP–D
doors have two panels that each must
travel one-half the width of the
opening—from the midpoint of the
opening—to open or close. As a result,
although the operator moves both EHS–
D and EBP–D door panels at the same
speed, the door cycle for EBP–D doors
is half that of EHS–D doors. For this
reason, the PTO values for EHS–D
versus EBP–D doors are calculated
separately below.
The DOE has stated that door
operation of 120 cycles (operations) per
day is normal. Hercules uses this cycle
number as our norm when estimating
customer usage of sliding model groups
listed above also 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 288 inches operating at a
constant speed of 10 IPS in both
opening and closing directions.
The amount of time that the door is
in the open and stopped position does
not add to the calculation as the motor
is not powered during this time.
EHS–D—Single-Slide Electric
Horizontal Sliding Door:
Door Cycles/Day = 120
Door Cycle time = 57.6 Sec.
Total run time/Day (min.) = 115.2
Total run time/Day (hr.) = 1.92
Total not running time/Day (hr.) = 22.08
PTO calculated = .92
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EBP–D—Bi-Parting Electric Horizontal
Sliding Door:
Door Cycles/Day = 120
Door Cycle time = 28.8 Sec.
Total run time/Day (min.) = 57.6
Total run time/Day (hr.) = 0.96
Total not running time/Day (hr.) = 23.04
PTO calculated = .96
B. Second Example: Hercules Vertical
Lift Door Models
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Hercules Listed Model Groups:
• EVL–D—Electric Vertical Lift
Our second example covers doors
within our vertical lift model group.
Hercules Vertical Lift door basic models
are operated at a maximum of 120
cycles (operations) per day, as specified
by the DOE. One cycle is defined as one
opening and closing cycle of a door.
There is a maximum possible door
travel of 288 inches operating at a
constant speed of 12 IPS in both
opening and closing directions.
The amount of time that the door is
in the open and stopped position does
not add to the calculation as the motor
is not powered during this time.
Door Cycles/Day = 120
Door Cycle time = 48 Sec.
Total run time/Day (min.) = 96
Total run time/Day (hr.) = 1.6
Total not running time/Day (hr.) = 22.4
PTO calculated = .933
Based on the PTO examples above
Hercules would request a waiver to use
a PTO value of 92 percent for the
Hercules basic models set forth in
Appendix I.1 The calculation for all
door models demonstrates a much lower
motor run time than the standards
currently assume, which results in a
much larger energy savings. Hercules is
requesting this waiver so that we can
continue to sell 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.
the interim waiver be granted so that
Senneca may ship Hercules doors to be
used in DOE-regulated environments
during the pendency of DOE’s review.
Without a waiver, Hercules would be in
a position of disadvantage in the
marketplace for our products. Other
manufacturers of similar product
design, such as Jamison Doors, have
petitioned and previously been granted
Interim and permanent waivers on the
same basis.
IV. Other Manufacturers
Manufacturers that are 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.
10.14.20
Brendan Batzlaff|Engineering Manager
Door Engineering
101 Power Drive
Mankato, MN 56001
P: 800.959.1352|D: 507.934.0545
bbatzlaff@doorengineering.com
www.doorengineering.com |
www.senneca.com
Appendix I
For a list of the specific basic models
for which the test procedure applies see
the docket at https://
www.regulations.gov/docket?D=EERE2020-BT-WAV-0027-0002.
Appendix II
For product literature used to
calculate percent time off see the docket
at https://www.regulations.gov/
docket?D=EERE-2020-BT-WAV-00270002.
[FR Doc. 2020–29100 Filed 2–5–21; 8:45 am]
BILLING CODE 6450–01–P
white space devices to deliver wireless
broadband services in rural areas and to
facilitate the development of new and
innovative narrowband Internet of
Things (IoT) devices. This correction
clarifies an amendatory instruction.
DATES: Effective February 11, 2021.
ADDRESSES: Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Hugh Van Tuyl, Office of Engineering
and Technology, 202–418–7506,
Hugh.VanTuyl@fcc.gov.
SUPPLEMENTARY INFORMATION: This
correction clarifies that the
Commission’s modifications to
§ 15.712(h)(1) were to the introductory
text of (h)(1) and not (h)(1) as a whole.
Correction
In FR Doc. 20–26706, appearing on
page 2278 in the Federal Register on
January 12, 2021, the following
correction is made:
§ 15.712
[Corrected]
1. On page 2293, in the second
column, instruction number 6 amending
§ 15.712 is corrected to read as follows:
■ 6. Amend § 15.712 by:
■ a. Revising the introductory text and
paragraphs (a)(2) and (3) and (b)(3)(ii)
and (iii);
■ b. Adding paragraph (b)(3)(iv);
■ c. Revising paragraph (c)(2)(ii);
■ d. Adding paragraph (c)(2)(iii); and
■ e. Revising paragraphs (d), (f), and (g);
(h)(1) introductory text, and (i)(1).
The revisions and additions read as
follows:
■
Dated: January 27, 2021.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021–02626 Filed 2–5–21; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
BILLING CODE 6712–01–P
47 CFR Part 15
FEDERAL COMMUNICATIONS
COMMISSION
III. Interim Waiver Request
[ET Docket No. 20–36; FCC 20–156; FRS
17432]
47 CFR Part 64
Hercules is also requesting an interim
waiver for the identified Hercules basic
models and individual models in
Appendix I. Given the economic
realities of business, it is imperative that
Unlicensed White Space Device
Operations in the Television Bands;
Correction
1 This waiver request is limited to the Hercules
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
Hercules basic models and individual models listed
in Appendix I reflect new modeling nomenclature,
updated to more closely align with DOE
expectations.
VerDate Sep<11>2014
15:53 Feb 05, 2021
Jkt 253001
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
The Federal Communications
Commission (Commission) is correcting
a final rule that appeared in the Federal
Register on January 12, 2021. In this
document, the Commission revised its
rules to expand the ability of unlicensed
SUMMARY:
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[CG Docket No. 17–59, FCC 18–177; FRS
17376]
Advanced Methods To Target and
Eliminate Unlawful Robocalls
Federal Communications
Commission.
ACTION: Final rule; announcement of
compliance date.
AGENCY:
In this document, the
Commission announces that compliance
with the rule for reporting information
about the most recent date of permanent
SUMMARY:
E:\FR\FM\08FER1.SGM
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Agencies
[Federal Register Volume 86, Number 24 (Monday, February 8, 2021)]
[Rules and Regulations]
[Pages 8553-8558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29100]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[Case Number 2020-013; EERE-2020-BT-WAV-0027]
Energy Conservation Program: Notification of Petition for Waiver
of Hercules, a Senneca Holdings Company, From the Department of Energy
Walk-in Cooler and Walk-in Freezer Test Procedure and Notification of
Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of petition for waiver and grant of an interim
waiver; request for comments.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt of and publishes a petition
for waiver and interim waiver from Hercules, a Senneca Holdings
company, which seeks a waiver for specified basic models of walk-in
cooler and walk-in freezer doors (``walk-in 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
notification of an Interim Waiver Order requiring Hercules 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.
DATES: The Interim Waiver Order is effective on February 8, 2021.
Written comments and information are requested and will be accepted on
or before March 10, 2021.
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 ``2020-013'', and Docket number ``EERE-2020-BT-WAV-0027,''
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.
2020-013 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. 2020-013, 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-0027. 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
[[Page 8554]]
publishing a petition for waiver from Hercules, a Senneca Holdings
company, (``Hercules'') in its entirety, pursuant to 10 CFR
431.401(b)(1)(iv).\1\ DOE invites all interested parties to submit in
writing by March 10, 2021, 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 Brendan Batzlaff, Door Engineering. Telephone:
(507) 934-0545. Email: [email protected].
---------------------------------------------------------------------------
\1\ The petition did not identify any of the information
contained therein as confidential business information.
---------------------------------------------------------------------------
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 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 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 Number 2020-013
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
[[Page 8555]]
freezers, the subject of this Interim Waiver Order. (42 U.S.C.
6311(1)(G))
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 covered 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).
II. Hercules's Petition for Waiver and Interim Waiver
By letter dated July 22, 2020, Hercules, a Senneca Holdings
company, (``Hercules'') 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. (Hercules, No. 1; ``July 2020 petition'') \4\
Subsequent to the July 22, 2020 submission and in response to questions
from DOE regarding characteristics of the specified basic models and
stipulated values in the suggested alternate test procedure, Hercules
submitted an updated petition for waiver and interim waiver on October
14, 2020, that provided additional and updated information. (Hercules,
No. 2; ``October 2020 petition'') \5\
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\4\ A notation in the form ``Hercules, No. 1'' identifies a
written submission: (1) Made by Hercules; and (2) recorded in
document number 1 that is filed in the docket of this petition for
waiver (Docket No. EERE-2020-BT-WAV-0027) and available for review
at https://www.regulations.gov.
\5\ Due to the lengthy list of walk-in door basic models listed
in Hercules's October 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-0027.
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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. Hercules 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 Hercules's waiver petition are ``other electricity
consuming devices . . . controlled by a preinstalled timer, control
system or other auto-shut-off system'' under section 4.5.2(a)(3) of
Appendix A. The DOE test procedure specifies using a PTO value of 25
percent for such devices, thereby reflecting an ``on'' time of 75
percent. Hercules stated that operating a door motor for 75 percent of
the day significantly overstates normal motor usage on their powered
door models. (Hercules, No. 2 at p. 1)
In the July 2020 petition, Hercules requested a PTO of 96 percent,
based on an opening of 120 inches, instead of the PTO value of 25
percent specified in section 4.5.2(a)(3) of Appendix A for electricity-
consuming devices other than lighting and anti-sweat heaters.
(Hercules, No. 1 at pp. 2-3) DOE requested clarification from Hercules
on the maximum opening width and height for all horizontally and
vertically opening doors specified in the petition for waiver to
evaluate the most energy consumptive scenarios.
In the October 2020 petition, Hercules provided performance data
for three door examples: the first two for horizontally sliding door
basic models and the third for vertical lift door basic models.
(Hercules, No. 2 at pp. 2-3) All examples estimated a normal daily use
of 120 cycles. One cycle is one complete opening and one complete
closing of a
[[Page 8556]]
door. 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\
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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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The first example provided by Hercules was the Single Slide
Electric Horizontal Sliding Door, which has a maximum opening of 288
inches operating at a speed of 10 inches per second (``IPS'') in both
directions. (Hercules, No. 2 at p. 2) For this example, the normal
daily use cycle estimate and cycle time estimate result in a total
motor run time of 115.2 minutes (1.92 hours) per day, leaving the door
motor out of operation for 22.08 hours per day, or 92 PTO. Id.
The second example provided by Hercules was the Bi-Parting Electric
Horizontal Sliding Door, which has a maximum opening of 288 inches
operating at a speed of 10 IPS in both directions for each door. Id.
Because the motor operator controls the movement of two doors at once,
the cycle time is half of what it was for the Single Slide Electric
Horizontal Sliding Door example. This results in an estimated total
motor run time of 57.6 minutes (0.96 hours) per day, leaving the door
motor out of operation for 23.04 hours per day, or 96 PTO. Id.
The third example provided by Hercules was the Electric Vertical
Lift door, which has a maximum vertical opening of 288 inches operating
at a speed of 12 IPS in both directions. (Hercules, No. 2 at p. 3). For
this example, the normal daily use cycle estimate and cycle time
estimate result in a total run time of 96 minutes (1.6 hours) per day,
leaving the door motor out of operation for 22.4 hours per day, or 93.3
PTO.
Based on these calculations, Hercules petitioned DOE to apply a PTO
value of 92 percent for the specified basic models of their walk-in
doors that use electric door motors. Id.
Hercules 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).
Based on the assertions in the petition, absent an interim waiver,
the walk-in door basic models with electric door motors identified in
Hercules's October 2020 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
covered 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.
Hercules 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, Hercules requests using the minimum calculated PTO value in
their petition, 92 percent, for all of their specified models.
VI. Interim Waiver Order
DOE has reviewed Hercules's application for an interim waiver, the
alternate test procedure requested by Hercules, and the data provided
by Hercules in both its original July 2020 petition and the October
2020 petition, 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.
DOE examined the operating conditions specified in Hercules's
petition and compared them with the values mentioned in the product
literature. Specifically, DOE compared the minimum operating speed of
the motor and maximum length or height of the door opening to assess if
the most energy consumptive scenario was captured in the PTO value
requested. Based on DOE's review of the manufacturer materials, the
examples provided by Hercules in the October 2020 petition and the
associated calculations are the most energy consumptive scenarios for
the basic models specified by Hercules (i.e., the single-slide electric
horizontal sliding door basic models beginning with EHS-D, the bi-
parting electric horizontal sliding door basic models beginning with
EBP-D, and the electric vertical lifting door basic models beginning
with EVL-D). DOE then validated these calculations.
Based on DOE's review, Hercules's suggested alternate test
procedure that applies a PTO value of 92 percent appears to allow for
the accurate measurement of the energy consumption of the specified
basic models, while alleviating the testing issues associated with
Hercules's implementation of walk-in door testing for these basic
models. The required use of a PTO value of 92 percent is consistent
with waivers previously granted in response to petitions that presented
the same issue as in Hercules's petition.\7\ Consequently, DOE has
determined that Hercules's petition for waiver will likely be granted.
Furthermore, DOE has determined that it is desirable for public policy
reasons to grant Hercules 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) Hercules must test and rate the Hercules brand basic models
listed in Appendix I of its October 14, 2020 petition as provided in
Docket Number EERE-2020-BT-WAV-0027 \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-0027.
---------------------------------------------------------------------------
(2) The alternate test procedure for the Hercules 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 92 percent for door motors.
All other requirements of 10 CFR part 431, subpart R, appendix A and
DOE's regulations remain applicable.
(3) Representations. Hercules may not make representations about
the energy
[[Page 8557]]
use of a basic model identified in paragraph (1) for compliance,
marketing, or other purposes unless that 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 Hercules are valid. If
Hercules 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
Hercules 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, Hercules may request
that DOE rescind or modify the Interim Waiver Order if Hercules
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 Hercules
from the applicable 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. Hercules 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, Hercules 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 December 28, 2020.
Daniel R Simmons,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Hercules
10/14/2020
Petition for Hercules for Waiver of Test Procedure for Walk in Cooler
and Freezer Doors
Hercules, a Senneca Holdings company, 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.
Hercules began operating in 1952 as an insulated walk-in cooler and
specialty refrigeration equipment manufacturer. Today, Hercules is a
recognized manufacturer of high-quality, made-to-order Cold Storage
door systems. Hercules is mainly focused on applications including
Blast Freezer, Freezer, Cooler, Docks, Processing, Ripening Rooms,
Automotive Test Cells, Research Facilities and Distribution Facilities.
Senneca Holdings Company previously sold Hercules products into
applications greater than 3000 square feet, but recently has decided to
market Hercules products into smaller applications that are regulated
by DOE.
I. Basic Models for Which Hercules Requests a Waiver
Hercules requests a waiver and interim waiver for the Hercules
brand basic models set forth in Appendix I.
Please note that Appendix I uses wildcards to represent height and
width measurements in the individual model numbers, as well as whether
the individual model includes a window. Use of the wildcards 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 basic model listed in
Appendix I. The ultimate size of a door is determined by the surface
area in the basic model number, however no door covered by Appendix I
has an opening larger than 288 inches or smaller than 36 inches. The
exact height and width of individual models will be reflected in
Senneca's certifications.
II. Why Hercules Requests a Waiver
Currently, per the standard at 10 CFR 431.306, section 4.5.2, the
rating of the door for insulating values and motor power uses a percent
time off, or 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.
The first example, listed below, discusses two door types within
our horizontally sliding door model groups that normally operate at a
total speed of 10 Inches Per Second (IPS) or greater. The second
example is for the Hercules vertical lift door model that normally
operates at a total speed of 12 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 Hercules basic models listed in Appendix I,
these materials are accurate in their description of the components of
the Hercules basic models listed in Appendix I. That is, the supporting
materials provided cover all Hercules basic models listed in Appendix
I.
A. First Example: Hercules Horizontally Sliding Door Models
Hercules Listed Model Groups:
EHS-D--Single Slide Electric Horizontal Sliding Door
EBP-D--Bi-Parting Electric Horizontal Sliding Door
EHS-D doors have one panel that must travel the entire width of the
opening to open or close, while EBP-D doors have two panels that each
must travel one-half the width of the opening--from the midpoint of the
opening--to open or close. As a result, although the operator moves
both EHS-D and EBP-D door panels at the same speed, the door cycle for
EBP-D doors is half that of EHS-D doors. For this reason, the PTO
values for EHS-D versus EBP-D doors are calculated separately below.
The DOE has stated that door operation of 120 cycles (operations)
per day is normal. Hercules uses this cycle number as our norm when
estimating customer usage of sliding model groups listed above also 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 288 inches operating at a constant speed of 10 IPS in both opening
and closing directions.
The amount of time that the door is in the open and stopped
position does not add to the calculation as the motor is not powered
during this time.
EHS-D--Single-Slide Electric Horizontal Sliding Door:
Door Cycles/Day = 120
Door Cycle time = 57.6 Sec.
Total run time/Day (min.) = 115.2
Total run time/Day (hr.) = 1.92
Total not running time/Day (hr.) = 22.08
PTO calculated = .92
[[Page 8558]]
EBP-D--Bi-Parting Electric Horizontal Sliding Door:
Door Cycles/Day = 120
Door Cycle time = 28.8 Sec.
Total run time/Day (min.) = 57.6
Total run time/Day (hr.) = 0.96
Total not running time/Day (hr.) = 23.04
PTO calculated = .96
B. Second Example: Hercules Vertical Lift Door Models
Hercules Listed Model Groups:
EVL-D--Electric Vertical Lift
Our second example covers doors within our vertical lift model
group. Hercules Vertical Lift door basic models are operated at a
maximum of 120 cycles (operations) per day, as specified by the DOE.
One cycle is defined as one opening and closing cycle of a door. There
is a maximum possible door travel of 288 inches operating at a constant
speed of 12 IPS in both opening and closing directions.
The amount of time that the door is in the open and stopped
position does not add to the calculation as the motor is not powered
during this time.
Door Cycles/Day = 120
Door Cycle time = 48 Sec.
Total run time/Day (min.) = 96
Total run time/Day (hr.) = 1.6
Total not running time/Day (hr.) = 22.4
PTO calculated = .933
Based on the PTO examples above Hercules would request a waiver to
use a PTO value of 92 percent for the Hercules basic models set forth
in Appendix I.\1\ The calculation for all door models demonstrates a
much lower motor run time than the standards currently assume, which
results in a much larger energy savings. Hercules is requesting this
waiver so that we can continue to sell 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\ This waiver request is limited to the Hercules 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 Hercules basic models and
individual models listed in Appendix I reflect new modeling
nomenclature, updated to more closely align with DOE expectations.
---------------------------------------------------------------------------
III. Interim Waiver Request
Hercules is also requesting an interim waiver for the identified
Hercules basic models and individual models in Appendix I. Given the
economic realities of business, it is imperative that the interim
waiver be granted so that Senneca may ship Hercules doors to be used in
DOE-regulated environments during the pendency of DOE's review. Without
a waiver, Hercules would be in a position of disadvantage in the
marketplace for our products. Other manufacturers of similar product
design, such as Jamison Doors, have petitioned and previously been
granted Interim and permanent waivers on the same basis.
IV. Other Manufacturers
Manufacturers that are 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.
10.14.20
Brendan Batzlaff[bond]Engineering Manager
Door Engineering
101 Power Drive
Mankato, MN 56001
P: 800.959.1352[bond]D: 507.934.0545
[email protected]
www.doorengineering.com [bond] www.senneca.com
Appendix I
For a list of the specific basic models for which the test
procedure applies see the docket at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0027-0002.
Appendix II
For product literature used to calculate percent time off see the
docket at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0027-
0002.
[FR Doc. 2020-29100 Filed 2-5-21; 8:45 am]
BILLING CODE 6450-01-P