Energy Conservation Program: Notification of Petition for Waiver of Hussmann Corporation From the Department of Energy Walk-In Coolers and Walk-In Freezers Test Procedure and Notice of Grant of Interim Waiver, 10046-10058 [2020-29108]

Download as PDF 10046 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No.15056–000] jbell on DSKJLSW7X2PROD with NOTICES Premium Energy Holdings, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications On November 19, 2020, Premium Energy Holdings, LLC, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Ashokan Pumped Storage Project to be located 14 miles west of the City of Kingston in Ulster County, New York. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners’ express permission. The proposed project would consist of the following: (1) A new 2,618-foot-long, 212-foot-high roller-compacted concrete dam for the upper reservoir for alternative 1 (Stony Clove Reservoir) with a surface area of 245 acres and a storage capacity 22,496 acre-feet at a surface elevation of 1,500 feet above mean sea level (msl); (2) a new 2,736foot-long, 232-foot-high rollercompacted concrete dam for the upper reservoir for alternative 2 (Woodland Reservoir) with a surface area of 313 acres and a storage capacity 26,231 acrefeet at a surface elevation of 1,210 feet msl; (3) a new 2,527-foot-long, 304-foothigh roller-compacted concrete dam for the upper reservoir for alternative 3 (Wittenberg Reservoir) with a surface area of 226 acres and a storage capacity 25,558 acre-feet at a surface elevation of 1,180 feet msl; (4) the existing Ashokan Reservoir for the lower reservoir with a surface area of 8,300 acres and a storage capacity of 382,358 acre-feet at a surface elevation of 585 feet msl; (5) new 13.99mile-long tunnels, shafts, and penstocks for alternative 1 connecting the upper and lower reservoirs; (6) new 11.58mile-long tunnels, shafts, and penstocks for alternative 2 connecting the upper and lower reservoirs; (7) new 3.81-milelong tunnels, shafts, and penstocks for alternative 3 connecting the upper and lower reservoirs; (8) a new 500-footlong, 125-foot-wide, 150-foot-high underground reinforced-concrete powerhouse containing five turbinegenerator units with a total rated VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 capacity of 800 megawatts; (9) a 17.3mile-long, 230-kilovolt new transmission line for alternatives 1 and 2 from the proposed Ashokan switchyard to the existing Hurley avenue substation; (10) a 12.9-mile-long, 230-kilovolt new transmission line for alternative 3 from the proposed Ashokan switchyard to the existing Hurley avenue substation; and (11) appurtenant facilities. The proposed project would have a maximum annual generation of 2,700 gigawatt-hours. Applicant Contact: Victor M. Rojas, Premium Energy Holdings, LLC, 355 South Lemon Avenue, Suite A, Walnut, CA 91789; phone: 909–595–5314. FERC Contact: Woohee Choi; phone: (202) 502–6336. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission’s eFiling system at https:// ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https://ferconline.ferc.gov/ QuickComment.aspx. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support. In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P–15056–000. More information about this project, including a copy of the application, can be viewed or printed on the ‘‘eLibrary’’ link of the Commission’s website at http://www.ferc.gov/docs-filing/ elibrary.asp. Enter the docket number (P–15056) in the docket number field to access the document. For assistance, contact FERC Online Support. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Dated: February 11, 2021. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2021–03272 Filed 2–17–21; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY [Case Number 2020–010; EERE–2020–BT– WAV–0026] Energy Conservation Program: Notification of Petition for Waiver of Hussmann Corporation From the Department of Energy Walk-In Coolers and Walk-In Freezers Test Procedure and Notice 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 Hussmann Corporation (‘‘Hussmann’’), which seeks a waiver for specified carbon dioxide (‘‘CO2’’) direct expansion unit cooler basic models from the U.S. Department of Energy (‘‘DOE’’) test procedure used to determine the efficiency of walk-in cooler and walk-in freezer refrigeration systems. DOE also gives notice of an Interim Waiver Order that requires Hussmann to test and rate the specified CO2 direct expansion unit cooler basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning Hussmann’s petition and its suggested alternate test procedure so as to inform DOE’s final decision on Hussmann’s waiver request. DATES: The Interim Waiver Order is effective on February 18, 2021. Written comments and information will be accepted on or before March 22, 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 ‘‘2020–010’’, and Docket number ‘‘EERE–2020–BT–WAV–0026,’’ by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Email: HussmannWICF2020WAV0026@ ee.doe.gov. Include Case No. 2020–010 in the subject line of the message. • Postal Mail: Appliance and Equipment Standards Program, U.S. SUMMARY: E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mail Stop EE–5B, Petition for Waiver Case No. 2020–010, 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-0026. 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. Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mail Stop 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. jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: DOE is publishing Hussmann’s petition for waiver in its entirety in appendix A to this document, pursuant to 10 CFR SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 431.401(b)(1)(iv). 1 DOE invites all interested parties to submit in writing by March 22, 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 Ronald Shebik, ron.shebik@hussmann.com, 12999 St. Charles Rock Road, Bridgeton, MO 63044. 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 1 The petition did not identify any of the information contained therein as confidential business information. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 10047 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 E:\FR\FM\18FEN1.SGM 18FEN1 10048 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 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). Case Number 2020–010 jbell on DSKJLSW7X2PROD with NOTICES 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 (42 U.S.C. 6311–6316, as codified), 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. Through amendments brought about by the Energy Independence and Security Act of 2007, Public Law 110–140, sec. 312 (Dec. 19, 2007), this equipment includes walk-in cooler and walk-in freezer (collectively, ‘‘walk-in’’) refrigeration systems, the focus of this document (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 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. VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 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 walk-in refrigeration systems is contained in the Code of Federal Regulations (‘‘CFR’’) at 10 CFR part 431, subpart R, appendix C, Uniform Test Method for the Measurement of Net Capacity and AWEF of Walk-In Cooler and Walk-In Freezer Refrigeration Systems (‘‘Appendix C’’). Under 10 CFR 431.401, any interested person may submit a petition for waiver from DOE’s test procedure requirements. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the performance of the equipment type in a manner representative of the energy consumption characteristics of the basic model. 10 CFR 431.401(b)(1)(iii). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures specified by DOE. 10 CFR 431.401(f)(2). As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable, DOE will publish in the Federal Register a final rule to that effect. Id. The waiver process also provides that DOE may grant an interim waiver if it PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 appears likely that the underlying petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the underlying petition for waiver. 10 CFR 431.401(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 431.401(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR 431.401(h)(2). II. Hussmann’s Petition for Waiver and Interim Waiver On July 16, 2020, Hussmann filed a petition for waiver and interim waiver from the test procedure for walk-in refrigeration systems set forth at 10 CFR part 431, subpart R, appendix C (Hussmann, No. 1 at p. 1 4). Hussmann also included Appendix I to their petition with clarifications and responses to two questions posed to Hussmann by DOE regarding their CO2 direct expansion unit cooler subject basic models (Hussmann, No. 1 at p. 7–8). Hussmann claims that the test conditions described in Table 15 and Table 16 of the Air-Conditioning, Heating, and Refrigeration Institute (‘‘AHRI’’) Standard 1250–2009, Standard for Performance Rating of Walk-In Coolers and Freezers (‘‘AHRI 1250–2009’’) (for walk-in refrigerator unit coolers and freezer unit coolers tested alone, respectively), as incorporated by Appendix C with modification, cannot be achieved by the specified basic models and are not consistent with operation of Hussmann’s CO2 direct expansion unit coolers. Hussmann stated that CO2 has a critical temperature of 87.8 °F 5, and 4 A notation in the form ‘‘Hussmann, No.1’’ identifies a written submission: (1) Made by Hussmann; and (2) recorded in document number 1 that is filed in the docket of this petition for waiver (Docket No. EERE–2020–BT–WAV–0026) and available at http://www.regulations.gov/ docket?D=EERE-2020-BT-WAV-0026. 5 The test procedure specifies the unit cooler refrigerant inlet condition in terms of a saturation temperature (the temperature at which it completes the condensation process in a condenser) and the subcooling temperature (additional reduction in temperature lower than the specified saturation temperature). For CO2, the critical temperature above which there cannot exist separate liquid and gas phases is below the saturation condition E:\FR\FM\18FEN1.SGM 18FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices thus the required liquid inlet saturation temperature of 105 °F and the required liquid inlet subcooling temperature of 9 °F required in DOE’s test procedure are not achievable, and that the test conditions should be more consistent with typical operating conditions for a transcritical CO2 booster system (Hussmann, No. 1 at p.3). The statements made by Hussmann reference the difference in thermodynamic properties between CO2 and other refrigerants. At modest pressures (i.e. below the critical point), many substances transition from a solid to a liquid to a gas as temperature increases. For example, a pure substance like water transitions from liquid to steam at a specific temperature, e.g. 212 °F, at atmospheric pressure. As heat is added during a liquid to gas transition, the temperature remains constant and the substance coexists as both liquid and vapor. Continuing to add heat converts more of the liquid to vapor at a constant temperature. The reverse occurs when heat is removed. However, the transition temperature depends on the pressure— the higher the pressure, the higher the transition temperature. This is a key principle in refrigeration systems, which operate at two pressure levels associated with two temperatures. A refrigerant absorbs heat when it is at a low temperature and pressure, converting to gas and cooling the surrounding space. At high temperature and pressure, the refrigerant transitions to a liquid while releasing heat to the environment. A compressor is used to raise the low-pressure gas to a high pressure, and a throttle (pressure reduction device) is used to reduce the pressure once the refrigerant has been fully liquefied (condensed) at high pressure. All refrigerants have a ‘‘critical pressure’’ and an associated ‘‘critical temperature’’ above which liquid and vapor phases cannot coexist. Above this critical point, the refrigerant will be a gas and its temperature will increase or decrease as heat is added or removed. For all conventional refrigerants, the critical pressure is so high that it is never exceeded in typical refrigeration cycles. For example, R404A is a common refrigerant used in refrigeration systems that has a critical pressure of 540.8 psia 6 with an associated critical temperature of 161.7 °F. However, CO2 behaves differently, with a critical specified in the test procedure, hence the specified condition cannot be achieved. 6 Absolute pressure is the pressure measured relative to a complete vacuum; ‘‘psia’’ represents the absolute pressure in pounds per square inch. VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 pressure of 1,072 psia associated with a much lower critical temperature of 87.8 °F. The refrigerant temperature must be somewhat higher than the ambient temperature in order to reject refrigeration cycle heat to the ambient environment. Ambient temperatures greater than 87.8 °F are common and the performance of many refrigeration and air conditioning systems are tested using a 95 °F ambient temperature, as indicated by the A test condition in AHRI 1250–2009 Section 5. At temperatures greater than the critical temperature, the CO2 refrigerant is in a supercritical state (i.e. a condition with pressure above the critical temperature) and heat is transferred to the environment. Since useful cooling is provided below the critical temperature, CO2 cycles are said to be transcritical. The transcritical nature of CO2 generally requires more complex refrigeration cycle design to approach the efficiency of traditional refrigerants (i.e., R404A, R407A, R448A, etc.) during operation in high temperature conditions. To increase efficiency and prevent overheating, transcritical booster systems introduce (or use) multiple stages of compression and intercooling. CO2 is cooled in the gas cooler of a transcritical booster system, then expands through a high-pressure control valve and is delivered to a subcritical-pressure flash tank. In the flash tank, the refrigerant is in the subcritical phase and the liquid and vapor phases can be separated. A unit cooler in a CO2 booster system would be supplied with liquid refrigerant from the flash tank via expansion valves where the refrigerant is evaporated. The evaporated refrigerant is subsequently compressed up to gas cooler pressure to complete the cycle (Hussmann, No. 5). Hussmann also requests an interim waiver from the existing DOE test procedure. DOE will grant an interim waiver if it appears likely that the petition for waiver will be granted, and/ or if DOE determines that it would be 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 prescribed test procedure is not appropriate for Hussmann’s CO2 direct expansion unit coolers and the test conditions are not achievable, since CO2 refrigerant has a critical temperature of 87.8 °F and the current DOE test procedure calls for a liquid inlet saturation temperature of 105 °F. The inability to achieve test conditions for the stated basic models would result in economic hardship from loss of sales PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 10049 stemming from the inability of the DOE test procedure to address the operating conditions of Hussmann’s equipment. III. Requested Alternate Test Procedure EPCA requires that manufacturers use the applicable DOE test procedures when making representations about the energy consumption and energy consumption costs of covered equipment (42 U.S.C. 6314(d)). Consistency is important when making representations about the energy efficiency of equipment, including when demonstrating compliance with applicable DOE energy conservation standards. Pursuant to 10 CFR 431.401, 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. Hussmann seeks to test and rate specific CO2 direct expansion unit cooler basic models with modifications to the DOE test procedure. Hussmann’s suggested approach specifies using modified liquid inlet saturation and liquid inlet subcooling temperatures of 38 °F and 5 °F, respectively, for both walk-in refrigerator unit coolers and walk-in freezer unit coolers. Additionally, Hussmann recommends that because the subject units are used in transcritical CO2 booster systems, the calculations in AHRI 1250–2009 section 7.9 should be used to determine the Annual Walk-in Efficiency Factor (‘‘AWEF’’) and net capacity for unit coolers matched to parallel rack systems as required under the DOE test procedure. This section of AHRI 1250– 2009 is prescribed by the DOE test procedure for determining AWEF for all unit coolers tested alone (see 10 CFR part 431, subpart R, appendix C, section 3.3.1). Finally, Hussmann also suggested that AHRI 1250–2009 Table 17 (EER [Energy Efficiency Ratio] for Remote Commercial Refrigerated Display Merchandisers and Storage Cabinets) should be used to determine EER values and power consumption for the subject CO2 direct expansion unit cooler systems as required under the DOE test procedure. IV. Interim Waiver Order DOE has reviewed Hussmann’s application, its suggested testing approach, industry materials regarding CO2 transcritical booster systems, and Hussmann’s consumer-facing materials, including websites and product specification sheets for the basic models listed in Hussmann’s petition. Based on this review, the suggested testing approach appears to allow for the E:\FR\FM\18FEN1.SGM 18FEN1 10050 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices accurate measurement of energy efficiency of the specified basic models, while alleviating the testing issues associated with Hussmann’s implementation of walk-in cooler and walk-in freezer testing for these basic models. Review of the CO2 refrigeration market confirms that the test conditions of the testing approach suggested by Hussmann would be representative for operation of a unit cooler used in a transcritical CO2 booster system. CO2 that is cooled in the gas cooler of a transcritical booster system expands through a high-pressure control valve that delivers CO2 to a subcriticalpressure flash tank, where liquid and vapor phases of the refrigerant are separated. The liquid is then split and the unit coolers receive the refrigerant at the same condition, consistent with the use of the same liquid inlet saturation temperature for both the medium- and low-temperature systems in Hussmann’s suggested test approach. Calculations on other external CO2 refrigeration system designs in the market indicate that the 38 °F liquid unit cooler inlet saturation temperature suggested by Hussmann is representative of CO2 booster systems (Hussmann, No.5). Regarding use of the EER values in AHRI 1250–2009 Table 17 to determine the representative compressor power consumption for CO2 unit cooler systems, research into the performance of different configurations of CO2 booster systems shows that enhanced CO2 cycles (like those used in transcritical booster systems) can match conventional refrigerants in average annual efficiency (Hussmann, No. 2). The findings from this research, along with the other collective factors previously noted, justifies the use of the EER values in AHRI 1250–2009 Table 17 for determining the power consumption for CO2 booster system evaporators, despite these EER values being initially established for systems using conventional refrigerants. Consequently, DOE has determined that Hussmann’s petition for waiver likely will be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant Hussmann immediate relief pending a determination of the petition for waiver. For the reasons stated, it is ordered that: (1) Hussmann must test and rate the following CO2 direct expansion unit cooler basic models with the alternate test procedure set forth in paragraph (2). Basic Models for Which a Waiver is Requested: Manufacturer Hussmann Hussmann Hussmann Hussmann Brand ......... ......... ......... ......... Krack Krack Krack Krack ... ... ... ... Basic model KRD***-***C***. G*D***-***C***. LHD***-***C***. MKD***-***C***. (2) The Hussmann basic models identified in paragraph (1) of this Interim Waiver Order shall be tested according to the test procedure for walkin cooler and walk-in freezer refrigeration systems prescribed by DOE at 10 CFR part 431, subpart R, appendix C (‘‘Appendix C’’), except that the liquid inlet saturation temperature test condition and liquid inlet subcooling temperature test condition shall be modified to 38 °F and 5 °F, respectively, for both walk-in refrigerator unit coolers and walk-in freezer unit coolers, as detailed below. All other requirements of Appendix C and DOE’s regulations remain applicable. In Appendix C, under section 3.1. General modifications: Test Conditions and Tolerances, revise section 3.1.5., to read as follows: 3.1.5. Tables 15 and 16 shall be modified to read as follows: TABLE 15—REFRIGERATOR UNIT COOLER Unit cooler air entering dry-bulb, °F Unit cooler air entering relative humidity, % Off Cycle Fan Power ..................... 35 Refrigeration Capacity Suction A ... 35 Test description Saturated suction temp, °F Liquid inlet saturation temp, °F Liquid inlet subcooling temp, °F <50 .................... .................... .................... Compressor Off <50 25 38 5 Compressor On Compressor capacity Test objective Measure fan input power during compressor off cycle. Determine Net Refrigeration Capacity of Unit Cooler. Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default superheat value of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating. TABLE 16—FREEZER UNIT COOLER Unit cooler air entering dry-bulb, °F Unit cooler air entering relative humidity, % Off Cycle Fan Power ..................... ¥10 Refrigeration Capacity Suction A ... Defrost ........................................... Test description Saturated suction temp, °F Liquid inlet saturation temp, °F Liquid inlet subcooling temp, °F <50 .................... .................... .................... Compressor Off ¥10 <50 ¥20 38 5 Compressor On ¥10 Various .................... .................... .................... Compressor Off Compressor capacity Test objective Measure fan input power during compressor off cycle. Determine Net Refrigeration Capacity of Unit Cooler. Test according to Appendix C Section C11. jbell on DSKJLSW7X2PROD with NOTICES Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default superheat value of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating. (3) Representations. Hussmann may not make representations about the energy efficiency of a basic model listed in paragraph (1) of this Interim Waiver Order for compliance, marketing, or other purposes unless the basic model has been tested in accordance with the provisions set forth in this alternate test procedure and such representations VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 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 statements and representations provided by Hussmann are valid. If Hussmann PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 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 Hussmann will either be required to use the current Federal test method or submit a new application for a test procedure waiver. DOE may E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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, Hussmann may request that DOE rescind or modify the Interim Waiver Order if Hussmann 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 Hussmann from the applicable requirements set forth at 10 CFR part 429. DOE makes decisions on waivers and interim waivers for only those basic VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 10051 models specifically set out in the petition, not future models that may be manufactured by the petitioner. Hussmann may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of CO2 direct expansion unit coolers. Alternatively, if appropriate, Hussmann 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). 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. Signing Authority Signed in Washington, DC, on December 29, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. This document of the Department of Energy was signed on December 28, 2020, by Daniel R. Simmons, Assistant Secretary for Energy Efficiency and PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 BILLING CODE 6450–01–P E:\FR\FM\18FEN1.SGM 18FEN1 VerDate Sep<11>2014 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 17:47 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4725 E:\FR\FM\18FEN1.SGM 18FEN1 EN18FE21.000</GPH> jbell on DSKJLSW7X2PROD with NOTICES 10052 VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4725 E:\FR\FM\18FEN1.SGM 18FEN1 10053 EN18FE21.001</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices VerDate Sep<11>2014 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 17:47 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4725 E:\FR\FM\18FEN1.SGM 18FEN1 EN18FE21.002</GPH> jbell on DSKJLSW7X2PROD with NOTICES 10054 VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4725 E:\FR\FM\18FEN1.SGM 18FEN1 10055 EN18FE21.003</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices VerDate Sep<11>2014 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 17:47 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4725 E:\FR\FM\18FEN1.SGM 18FEN1 EN18FE21.004</GPH> jbell on DSKJLSW7X2PROD with NOTICES 10056 VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4725 E:\FR\FM\18FEN1.SGM 18FEN1 10057 EN18FE21.005</GPH> jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices 10058 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices BILLING CODE 6450–01–C DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 4334–017] jbell on DSKJLSW7X2PROD with NOTICES EONY Generation Limited; Notice of Application Tendered for Filing With The Commission and Soliciting Additional Study Requests and Establishing Procedural Schedule for Relicensing and a Deadline for Submission of Final Amendments Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. Type of Application: New Major License. b. Project No.: 4334–017. c. Date filed: January 28, 2021. d. Applicant: EONY Generation Limited (EONY). e. Name of Project: Philadelphia Hydroelectric Project. f. Location: On the Indian River, in the Village of Philadelphia in Jefferson County, New York. The project does not occupy any federal land. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)–825(r). h. Applicant Contact: Franz Kropp, Director, Generation, EONY, 7659 Lyonsdale Road, Lyons Falls, NY 13368; (613) 225–0418, ext. 7498. Murray Hall, Manager, Generation, EONY, 7659 Lyonsdale Road, Lyons Falls, NY 13368; (613) 382–7312. i. FERC Contact: Emily Carter at (202) 502–6512, or Emily.Carter@ferc.gov. j. Cooperating agencies: Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues that wish to cooperate in the preparation of the environmental VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 document should follow the instructions for filing such requests described in item l below. Cooperating agencies should note the Commission’s policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. See 94 FERC ¶ 61,076 (2001). k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission’s regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. Deadline for filing additional study requests and requests for cooperating agency status: March 29, 2021. The Commission strongly encourages electronic filing. Please file additional study requests and requests for cooperating agency status using the Commission’s eFiling system at https:// ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All filings must clearly identify the project name and docket number on the first page: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Philadelphia Hydroelectric Project (P– 4334–017). m. The application is not ready for environmental analysis at this time. n. Project Description: The existing Philadelphia Hydroelectric Project consists of (1) a 65-acre reservoir at a normal maximum water surface elevation of 475.4 feet; 1 (2) two concrete dams joined by an island and designated as the east diversion dam, which is 60 feet long and 2 to 3 feet high with a crest elevation of 474.4 feet, and topped with 1.2-foot-high flashboards, and the west diversion dam, which has two sections totaling approximately 30 feet long and 10.4 feet high with a crest elevation of 475.4 feet; (3) a 45-foot-long non-overflow section that includes a reinforced concrete intake structure; (4) a 377-foot-long, 9.5-foot-diameter concrete penstock; (5) a 54.5-foot-long by 30-foot-wide reinforced concrete powerhouse; (6) one 3.645-megawatt horizontal Kaplan-type turbinegenerator unit; (7) trashracks with 2.5inch clear spacing; (8) a 4,160-volt, approximately 50-foot-long buried transmission line; (9) a switchyard; and (10) appurtenant facilities. The average annual generation was 10,092,492 kilowatt-hours for the period from 2016 to 2020. EONY currently operates the project in run-of-river mode and discharges a minimum flow of 20 cubic feet per second (cfs) into the project’s 1,250-footlong bypassed reach to project aquatic resources. As part of the license application, EONY filed a settlement agreement entered into between itself, the U.S. Fish and Wildlife Service, and the New York State Department of Environmental Conservation. As part of the settlement agreement, EONY proposes to: (1) Continue to operate the project in a run-of-river mode; (2) 1 All elevations are in National Geodetic Vertical Datum of 1929. E:\FR\FM\18FEN1.SGM 18FEN1 EN18FE21.006</GPH> [FR Doc. 2020–29108 Filed 2–17–21; 8:45 am]

Agencies

[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10046-10058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29108]


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DEPARTMENT OF ENERGY

[Case Number 2020-010; EERE-2020-BT-WAV-0026]


Energy Conservation Program: Notification of Petition for Waiver 
of Hussmann Corporation From the Department of Energy Walk-In Coolers 
and Walk-In Freezers Test Procedure and Notice 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.

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SUMMARY: This document announces receipt of and publishes a petition 
for waiver and interim waiver from Hussmann Corporation (``Hussmann''), 
which seeks a waiver for specified carbon dioxide (``CO2'') 
direct expansion unit cooler basic models from the U.S. Department of 
Energy (``DOE'') test procedure used to determine the efficiency of 
walk-in cooler and walk-in freezer refrigeration systems. DOE also 
gives notice of an Interim Waiver Order that requires Hussmann to test 
and rate the specified CO2 direct expansion unit cooler 
basic models in accordance with the alternate test procedure set forth 
in the Interim Waiver Order. DOE solicits comments, data, and 
information concerning Hussmann's petition and its suggested alternate 
test procedure so as to inform DOE's final decision on Hussmann's 
waiver request.

DATES: The Interim Waiver Order is effective on February 18, 2021. 
Written comments and information will be accepted on or before March 
22, 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 ``2020-010'', and Docket number ``EERE-2020-BT-WAV-0026,'' 
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. 2020-010 in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S.

[[Page 10047]]

Department of Energy, Office of Energy Efficiency and Renewable Energy, 
Building Technologies Office, Mail Stop EE-5B, Petition for Waiver Case 
No. 2020-010, 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-0026. 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, Mail Stop 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: DOE is publishing Hussmann's petition for 
waiver in its entirety in appendix A to this document, pursuant to 10 
CFR 431.401(b)(1)(iv). \1\ DOE invites all interested parties to submit 
in writing by March 22, 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 Ronald Shebik, [email protected], 12999 St. 
Charles Rock Road, Bridgeton, MO 63044.
---------------------------------------------------------------------------

    \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

[[Page 10048]]

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).

Case Number 2020-010

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 (42 U.S.C. 6311-6316, as codified), 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. 
Through amendments brought about by the Energy Independence and 
Security Act of 2007, Public Law 110-140, sec. 312 (Dec. 19, 2007), 
this equipment includes walk-in cooler and walk-in freezer 
(collectively, ``walk-in'') refrigeration systems, the focus of this 
document (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 walk-in refrigeration systems is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR part 431, subpart R, appendix 
C, Uniform Test Method for the Measurement of Net Capacity and AWEF of 
Walk-In Cooler and Walk-In Freezer Refrigeration Systems (``Appendix 
C'').
    Under 10 CFR 431.401, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the equipment 
type in a manner representative of the energy consumption 
characteristics of the basic model. 10 CFR 431.401(b)(1)(iii). DOE may 
grant the waiver subject to conditions, including adherence to 
alternate test procedures specified by DOE. 10 CFR 431.401(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule 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. 10 CFR 431.401(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 
431.401(h)(1).
    When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
10 CFR 431.401(h)(2).

II. Hussmann's Petition for Waiver and Interim Waiver

    On July 16, 2020, Hussmann filed a petition for waiver and interim 
waiver from the test procedure for walk-in refrigeration systems set 
forth at 10 CFR part 431, subpart R, appendix C (Hussmann, No. 1 at p. 
1 \4\). Hussmann also included Appendix I to their petition with 
clarifications and responses to two questions posed to Hussmann by DOE 
regarding their CO2 direct expansion unit cooler subject 
basic models (Hussmann, No. 1 at p. 7-8). Hussmann claims that the test 
conditions described in Table 15 and Table 16 of the Air-Conditioning, 
Heating, and Refrigeration Institute (``AHRI'') Standard 1250-2009, 
Standard for Performance Rating of Walk-In Coolers and Freezers (``AHRI 
1250-2009'') (for walk-in refrigerator unit coolers and freezer unit 
coolers tested alone, respectively), as incorporated by Appendix C with 
modification, cannot be achieved by the specified basic models and are 
not consistent with operation of Hussmann's CO2 direct 
expansion unit coolers. Hussmann stated that CO2 has a 
critical temperature of 87.8 [deg]F \5\, and

[[Page 10049]]

thus the required liquid inlet saturation temperature of 105 [deg]F and 
the required liquid inlet subcooling temperature of 9 [deg]F required 
in DOE's test procedure are not achievable, and that the test 
conditions should be more consistent with typical operating conditions 
for a transcritical CO2 booster system (Hussmann, No. 1 at 
p.3).
---------------------------------------------------------------------------

    \4\ A notation in the form ``Hussmann, No.1'' identifies a 
written submission: (1) Made by Hussmann; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2020-BT-WAV-0026) and available at http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0026.
    \5\ The test procedure specifies the unit cooler refrigerant 
inlet condition in terms of a saturation temperature (the 
temperature at which it completes the condensation process in a 
condenser) and the subcooling temperature (additional reduction in 
temperature lower than the specified saturation temperature). For 
CO2, the critical temperature above which there cannot 
exist separate liquid and gas phases is below the saturation 
condition specified in the test procedure, hence the specified 
condition cannot be achieved.
---------------------------------------------------------------------------

    The statements made by Hussmann reference the difference in 
thermodynamic properties between CO2 and other refrigerants. 
At modest pressures (i.e. below the critical point), many substances 
transition from a solid to a liquid to a gas as temperature increases. 
For example, a pure substance like water transitions from liquid to 
steam at a specific temperature, e.g. 212 [deg]F, at atmospheric 
pressure. As heat is added during a liquid to gas transition, the 
temperature remains constant and the substance coexists as both liquid 
and vapor. Continuing to add heat converts more of the liquid to vapor 
at a constant temperature. The reverse occurs when heat is removed. 
However, the transition temperature depends on the pressure--the higher 
the pressure, the higher the transition temperature. This is a key 
principle in refrigeration systems, which operate at two pressure 
levels associated with two temperatures. A refrigerant absorbs heat 
when it is at a low temperature and pressure, converting to gas and 
cooling the surrounding space. At high temperature and pressure, the 
refrigerant transitions to a liquid while releasing heat to the 
environment. A compressor is used to raise the low-pressure gas to a 
high pressure, and a throttle (pressure reduction device) is used to 
reduce the pressure once the refrigerant has been fully liquefied 
(condensed) at high pressure.
    All refrigerants have a ``critical pressure'' and an associated 
``critical temperature'' above which liquid and vapor phases cannot 
coexist. Above this critical point, the refrigerant will be a gas and 
its temperature will increase or decrease as heat is added or removed. 
For all conventional refrigerants, the critical pressure is so high 
that it is never exceeded in typical refrigeration cycles. For example, 
R404A is a common refrigerant used in refrigeration systems that has a 
critical pressure of 540.8 psia \6\ with an associated critical 
temperature of 161.7 [deg]F. However, CO2 behaves 
differently, with a critical pressure of 1,072 psia associated with a 
much lower critical temperature of 87.8 [deg]F. The refrigerant 
temperature must be somewhat higher than the ambient temperature in 
order to reject refrigeration cycle heat to the ambient environment. 
Ambient temperatures greater than 87.8 [deg]F are common and the 
performance of many refrigeration and air conditioning systems are 
tested using a 95 [deg]F ambient temperature, as indicated by the A 
test condition in AHRI 1250-2009 Section 5. At temperatures greater 
than the critical temperature, the CO2 refrigerant is in a 
supercritical state (i.e. a condition with pressure above the critical 
temperature) and heat is transferred to the environment. Since useful 
cooling is provided below the critical temperature, CO2 
cycles are said to be transcritical.
---------------------------------------------------------------------------

    \6\ Absolute pressure is the pressure measured relative to a 
complete vacuum; ``psia'' represents the absolute pressure in pounds 
per square inch.
---------------------------------------------------------------------------

    The transcritical nature of CO2 generally requires more 
complex refrigeration cycle design to approach the efficiency of 
traditional refrigerants (i.e., R404A, R407A, R448A, etc.) during 
operation in high temperature conditions. To increase efficiency and 
prevent overheating, transcritical booster systems introduce (or use) 
multiple stages of compression and intercooling. CO2 is 
cooled in the gas cooler of a transcritical booster system, then 
expands through a high-pressure control valve and is delivered to a 
subcritical-pressure flash tank. In the flash tank, the refrigerant is 
in the subcritical phase and the liquid and vapor phases can be 
separated. A unit cooler in a CO2 booster system would be 
supplied with liquid refrigerant from the flash tank via expansion 
valves where the refrigerant is evaporated. The evaporated refrigerant 
is subsequently compressed up to gas cooler pressure to complete the 
cycle (Hussmann, No. 5).
    Hussmann also requests an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be 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 prescribed test procedure is not appropriate for Hussmann's 
CO2 direct expansion unit coolers and the test conditions 
are not achievable, since CO2 refrigerant has a critical 
temperature of 87.8 [deg]F and the current DOE test procedure calls for 
a liquid inlet saturation temperature of 105 [deg]F. The inability to 
achieve test conditions for the stated basic models would result in 
economic hardship from loss of sales stemming from the inability of the 
DOE test procedure to address the operating conditions of Hussmann's 
equipment.

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use the applicable DOE test 
procedures when making representations about the energy consumption and 
energy consumption costs of covered equipment (42 U.S.C. 6314(d)). 
Consistency is important when making representations about the energy 
efficiency of equipment, including when demonstrating compliance with 
applicable DOE energy conservation standards. Pursuant to 10 CFR 
431.401, 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.
    Hussmann seeks to test and rate specific CO2 direct 
expansion unit cooler basic models with modifications to the DOE test 
procedure. Hussmann's suggested approach specifies using modified 
liquid inlet saturation and liquid inlet subcooling temperatures of 38 
[deg]F and 5 [deg]F, respectively, for both walk-in refrigerator unit 
coolers and walk-in freezer unit coolers. Additionally, Hussmann 
recommends that because the subject units are used in transcritical 
CO2 booster systems, the calculations in AHRI 1250-2009 
section 7.9 should be used to determine the Annual Walk-in Efficiency 
Factor (``AWEF'') and net capacity for unit coolers matched to parallel 
rack systems as required under the DOE test procedure. This section of 
AHRI 1250-2009 is prescribed by the DOE test procedure for determining 
AWEF for all unit coolers tested alone (see 10 CFR part 431, subpart R, 
appendix C, section 3.3.1). Finally, Hussmann also suggested that AHRI 
1250-2009 Table 17 (EER [Energy Efficiency Ratio] for Remote Commercial 
Refrigerated Display Merchandisers and Storage Cabinets) should be used 
to determine EER values and power consumption for the subject 
CO2 direct expansion unit cooler systems as required under 
the DOE test procedure.

IV. Interim Waiver Order

    DOE has reviewed Hussmann's application, its suggested testing 
approach, industry materials regarding CO2 transcritical 
booster systems, and Hussmann's consumer-facing materials, including 
websites and product specification sheets for the basic models listed 
in Hussmann's petition. Based on this review, the suggested testing 
approach appears to allow for the

[[Page 10050]]

accurate measurement of energy efficiency of the specified basic 
models, while alleviating the testing issues associated with Hussmann's 
implementation of walk-in cooler and walk-in freezer testing for these 
basic models. Review of the CO2 refrigeration market 
confirms that the test conditions of the testing approach suggested by 
Hussmann would be representative for operation of a unit cooler used in 
a transcritical CO2 booster system. CO2 that is 
cooled in the gas cooler of a transcritical booster system expands 
through a high-pressure control valve that delivers CO2 to a 
subcritical-pressure flash tank, where liquid and vapor phases of the 
refrigerant are separated. The liquid is then split and the unit 
coolers receive the refrigerant at the same condition, consistent with 
the use of the same liquid inlet saturation temperature for both the 
medium- and low-temperature systems in Hussmann's suggested test 
approach. Calculations on other external CO2 refrigeration 
system designs in the market indicate that the 38 [deg]F liquid unit 
cooler inlet saturation temperature suggested by Hussmann is 
representative of CO2 booster systems (Hussmann, No.5). 
Regarding use of the EER values in AHRI 1250-2009 Table 17 to determine 
the representative compressor power consumption for CO2 unit 
cooler systems, research into the performance of different 
configurations of CO2 booster systems shows that enhanced 
CO2 cycles (like those used in transcritical booster 
systems) can match conventional refrigerants in average annual 
efficiency (Hussmann, No. 2). The findings from this research, along 
with the other collective factors previously noted, justifies the use 
of the EER values in AHRI 1250-2009 Table 17 for determining the power 
consumption for CO2 booster system evaporators, despite 
these EER values being initially established for systems using 
conventional refrigerants. Consequently, DOE has determined that 
Hussmann's petition for waiver likely will be granted. Furthermore, DOE 
has determined that it is desirable for public policy reasons to grant 
Hussmann immediate relief pending a determination of the petition for 
waiver.
    For the reasons stated, it is ordered that:
    (1) Hussmann must test and rate the following CO2 direct 
expansion unit cooler basic models with the alternate test procedure 
set forth in paragraph (2).
    Basic Models for Which a Waiver is Requested:

------------------------------------------------------------------------
          Manufacturer                   Brand            Basic model
------------------------------------------------------------------------
Hussmann........................  Krack.............  KRD***-***C***.
Hussmann........................  Krack.............  G*D***-***C***.
Hussmann........................  Krack.............  LHD***-***C***.
Hussmann........................  Krack.............  MKD***-***C***.
------------------------------------------------------------------------

    (2) The Hussmann basic models identified in paragraph (1) of this 
Interim Waiver Order shall be tested according to the test procedure 
for walk-in cooler and walk-in freezer refrigeration systems prescribed 
by DOE at 10 CFR part 431, subpart R, appendix C (``Appendix C''), 
except that the liquid inlet saturation temperature test condition and 
liquid inlet subcooling temperature test condition shall be modified to 
38 [deg]F and 5 [deg]F, respectively, for both walk-in refrigerator 
unit coolers and walk-in freezer unit coolers, as detailed below. All 
other requirements of Appendix C and DOE's regulations remain 
applicable.
    In Appendix C, under section 3.1. General modifications: Test 
Conditions and Tolerances, revise section 3.1.5., to read as follows:
    3.1.5. Tables 15 and 16 shall be modified to read as follows:

                                                           Table 15--Refrigerator Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler  Unit cooler                  Liquid       Liquid
                                            air          air      Saturated      inlet        inlet
           Test description              entering     entering     suction     saturation   subcooling    Compressor capacity         Test objective
                                        dry-bulb,     relative      temp,        temp,        temp,
                                          [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power..................           35          <50  ...........  ...........  ...........  Compressor Off.........  Measure fan input power
                                                                                                                                  during compressor off
                                                                                                                                  cycle.
Refrigeration Capacity Suction A.....           35          <50           25           38            5  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.


                                                              Table 16--Freezer Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler  Unit cooler                  Liquid       Liquid
                                            air          air      Saturated      inlet        inlet
           Test description              entering     entering     suction     saturation   subcooling    Compressor capacity         Test objective
                                        dry-bulb,     relative      temp,        temp,        temp,
                                          [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power..................          -10          <50  ...........  ...........  ...........  Compressor Off.........  Measure fan input power
                                                                                                                                  during compressor off
                                                                                                                                  cycle.
Refrigeration Capacity Suction A.....          -10          <50          -20           38            5  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
Defrost..............................          -10      Various  ...........  ...........  ...........  Compressor Off.........  Test according to
                                                                                                                                  Appendix C Section
                                                                                                                                  C11.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.

    (3) Representations. Hussmann may not make representations about 
the energy efficiency of a basic model listed in paragraph (1) of this 
Interim Waiver Order for compliance, marketing, or other purposes 
unless the basic model has been tested in accordance with the 
provisions set forth in this alternate test procedure 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 
statements and representations provided by Hussmann are valid. If 
Hussmann 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 
Hussmann will either be required to use the current Federal test method 
or submit a new application for a test procedure waiver. DOE may

[[Page 10051]]

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, Hussmann may request 
that DOE rescind or modify the Interim Waiver Order if Hussmann 
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 Hussmann 
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. Hussmann may submit a new 
or amended petition for waiver and request for grant of interim waiver, 
as appropriate, for additional basic models of CO2 direct 
expansion unit coolers. Alternatively, if appropriate, Hussmann 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).

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.
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[FR Doc. 2020-29108 Filed 2-17-21; 8:45 am]
BILLING CODE 6450-01-C