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]

Download as PDF 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. jbell on DSKJLSW7X2PROD with RULES 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, VerDate Sep<11>2014 15:53 Feb 05, 2021 Jkt 253001 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 http://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: http:// www.regulations.gov. Follow the instructions for submitting comments. SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 8553 • 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 http://www.regulations.gov. All documents in the docket are listed in the http://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 http://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 http://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 E:\FR\FM\08FER1.SGM 08FER1 jbell on DSKJLSW7X2PROD with RULES 8554 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 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 http:// www.regulations.gov. The http:// 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 http:// 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 http:// 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. VerDate Sep<11>2014 15:53 Feb 05, 2021 Jkt 253001 DOE processes submissions made through http://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 http:// 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 http:// 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 ‘‘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. E:\FR\FM\08FER1.SGM 08FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 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 VerDate Sep<11>2014 15:53 Feb 05, 2021 Jkt 253001 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 http://www.regulations.gov. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 8555 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 http:// www.regulations.gov/docket?D=EERE-2020-BTWAV-0027. E:\FR\FM\08FER1.SGM 08FER1 8556 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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). VerDate Sep<11>2014 15:53 Feb 05, 2021 Jkt 253001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 http://www.regulations.gov/ docket?D=EERE-2020-BT-WAV-0027. E:\FR\FM\08FER1.SGM 08FER1 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:53 Feb 05, 2021 Jkt 253001 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 8557 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 E:\FR\FM\08FER1.SGM 08FER1 8558 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 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 jbell on DSKJLSW7X2PROD with RULES 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 http:// 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 http://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: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 [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 08FER1

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]


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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 http://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: http://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 http://www.regulations.gov. All documents in the docket are 
listed in the http://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 http://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 http://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 http://www.regulations.gov. The http://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 http://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 http://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 http://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 http://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 http://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\
---------------------------------------------------------------------------

    \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 http://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 http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0027.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0027.
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    (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.
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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 http://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 http://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