Energy Conservation Program: Notification of Petition for Waiver of Vinotheque From the Department of Energy Walk-In Coolers and Walk-In Freezers Test Procedure and Notification of Grant of Interim Waiver, 11961-11972 [2021-04112]
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices
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[FR Doc. 2021–04078 Filed 2–26–21; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY
[Case Number 2019–011; EERE–2019–BT–
WAV–0038]
Energy Conservation Program:
Notification of Petition for Waiver of
Vinotheque From the Department of
Energy Walk-In Coolers and Walk-In
Freezers 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
Vinotheque Wine Cellars DBA
WhisperKOOL Corp. DBA CellarCool
(‘‘Vinotheque’’), which seeks a waiver
for specified walk-in cooler refrigeration
system basic models from the U.S.
Department of Energy (‘‘DOE’’) test
procedure used to determine the
efficiency and energy consumption of
walk-in coolers and walk-in freezers.
DOE also gives notice of an Interim
Waiver Order that requires Vinotheque
to test and rate the specified walk-in
cooler refrigeration system basic models
in accordance with the alternate test
procedure set forth in the Interim
Waiver Order, which modifies the
alternate test procedure suggested by
Vinotheque. DOE solicits comments,
data, and information concerning
Vinotheque’s petition, its suggested
alternate test procedure, and the
alternate test procedure specified in the
Interim Waiver Order so as to inform
DOE’s final decision on Vinotheque’s
waiver request.
DATES: The Interim Waiver Order is
effective on March 1, 2021. Written
comments and information will be
accepted on or before March 31, 2021.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov.
Alternatively, interested persons may
submit comments, identified by case
number ‘‘2019–011’’, and Docket
number ‘‘EERE–2019–BT–WAV–0038,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
WhisperKOOL2019WAV0038@
ee.doe.gov. Include Case No. 2019–011
in the subject line of the message.
• Postal Mail: Appliance and
Equipment Standards Program, U.S.
SUMMARY:
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Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Office, Mail Stop
EE–5B, Petition for Waiver Case No.
2019–011, 1000 Independence Avenue
SW, Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (‘‘CD’’), in which case it is
not necessary to include printed copies.
• Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a ‘‘CD’’, in
which case it is not necessary to include
printed copies.
No telefacsimilies (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
https://www.regulations.gov. All
documents in the docket are listed in
the https://www.regulations.gov index.
However, some documents listed in the
index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
The docket web page can be found at
https://www.regulations.gov/
docket?D=EERE-2019-BT-WAV-0038.
The docket web page contains
instruction on how to access all
documents, including public comments,
in the docket. See the SUPPLEMENTARY
INFORMATION section for information on
how to submit comments through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121. Email:
AS_Waiver_Request@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE is
publishing Vinotheque’s petition for
waiver in its entirety appendix 1 to this
document, pursuant to 10 CFR
431.401(b)(1)(iv), absent information for
which the petitioner requested
treatment as confidential business
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information. DOE invites all interested
parties to submit in writing by March
31, 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: Christian Bromme,
cbromme@vinotheque.com, 1738 East
Alpine Avenue, Stockton, CA 95205.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
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included in your comment, nor in any
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this instruction is followed, persons
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and any documents submitted with the
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Do not submit to https://
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which disclosure is restricted by statute,
such as trade secrets and commercial or
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referred to as Confidential Business
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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
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before posting. Normally, comments
will be posted within a few days of
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processed simultaneously, your
comment may not be viewable for up to
several weeks. Please keep the comment
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tracking number that https://
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Include contact information each time
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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
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believed to be confidential deleted.
Submit these documents via email or on
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according to its determination.
It is DOE’s policy that all comments
may be included in the public docket,
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without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
Case Number 2019–011
Interim Waiver Order
I. Background and Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
the U.S. Department of Energy (‘‘DOE’’)
to regulate the energy efficiency of a
number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part C 2 of EPCA,
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 coolers and walk-in 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), test procedures (42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6315),
energy conservation standards (42
U.S.C. 6313), and the authority to
require information and reports from
manufacturers (42 U.S.C. 6316)
The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) Certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and
(2) making representations about the
efficiency of that equipment (42 U.S.C.
6314(d)). Similarly, DOE must use these
test procedures to determine whether
the equipment complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6316(a); 42 U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE is
required to follow when prescribing or
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
2 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated as Part A–1.
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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 products and 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
used to determine the net capacity and
annual walk-in energy factor (‘‘AWEF’’)
of walk-in cooler and walk-in freezer
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. 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 its 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(1). 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
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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. Vinotheque’s Petition for Waiver and
Application for Interim Waiver
DOE received correspondence,
docketed on December 2, 2019, from
Vinotheque seeking an interim waiver
from the test procedure for walk-in
cooler and walk-in freezer refrigeration
systems set forth at Appendix C
(Vinotheque, No. 1).3 The waiver
process under 10 CFR 431.401 requires
that a petitioner must request a waiver
for there to be consideration of a
petition for an interim waiver.
Vinotheque later confirmed in a May 26,
2020 email that its petition should also
be considered as a petition for waiver
(Vinotheque, No. 4). Vinotheque later
submitted an updated petition, docketed
on December 11, 2020, providing
maximum external static pressure
(‘‘ESP’’) values for specified basic
models and clarifying that the specified
basic models cannot operate below 45 °F
(Vinotheque, No. 6). Due to two
discrepancies in Vinotheque’s petition
for waiver (the ‘‘Platinum 4000 Ducted’’
model is listed in the basic model list
but is not listed in the table containing
ESP values; the ‘‘SL2500’’ model is
listed in the basic model list, but only
appears as ‘‘SL’’ in the table containing
ESP values), Vinotheque provided a
maximum ESP for the ‘‘Platinum 4000
Ducted’’, and confirmed the model
number and maximum ESP for
‘‘SL2500’’ (Vinotheque, No. 9).
The primary assertion in the petition,
absent an interim waiver, is that the
prescribed test procedure would
evaluate the specified basic models in a
manner so unrepresentative of their true
energy consumption as to provide
materially inaccurate comparative data.
As presented in Vinotheque’s petition,
the specified basic models of walk-in
3 A notation in the form ‘‘Vinotheque, No. 1’’
identifies a written submission: (1) Made by
Vinotheque; and (2) recorded in document number
1 that is filed in the docket of this petition for
waiver (Docket No. EERE–2019–BT–WAV–0038)
and available at https://www.regulations.gov.
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cooler refrigeration systems operate at a
temperature range of 45–65 °F; higher
than that of a typical walk-in cooler
refrigeration system. Thus, the 35 °F
temperature specified in the DOE test
procedure for medium-temperature
walk-in refrigeration systems would
result in the prescribed test procedures
evaluating the specified basic models in
a manner so unrepresentative of their
true energy consumption characteristics
as to provide materially inaccurate
comparative data. Vinotheque also
states that the specified basic models are
‘‘wine cellar cooling systems’’ that
operate at temperature and relative
humidity ranges optimized for the longterm storage of wine and are usually
located in air-conditioned spaces.
Vinotheque contends that because of
these characteristics, wine cellar walkin refrigeration systems differ in their
walk-in box temperature setpoint, walkin box relative humidity, low/high load
split,4 and compressor efficiency from
other walk-in cooler refrigeration
systems.
Vinotheque states that the specified
basic models are designed to provide a
cold environment at a temperature range
between 45–65 °F with 50–70 percent
relative humidity (‘‘RH’’), and typically
are kept at 55 °F and 55 percent RH
rather than the 35 °F and <50 percent
RH test condition prescribed by the DOE
test procedure. Vinotheque states that
these temperature and RH conditions
are optimized for the purpose of longterm wine storage to mimic the
temperature and humidity of natural
caves. Vinotheque also asserts that
operating a wine cellar at the 35 °F
condition would adversely
mechanically alter the intended
performance of the system, which
would include icing of the evaporator
coil that could potentially damage the
compressor, and would not result in an
accurate representation of the
performance of the cooling unit.
Additionally, the basic models of
walk-in refrigeration systems—
identified in Vinotheque’s waiver
petition by the heading in the basic
models list as ‘‘Single-Packaged’’—are
single-package systems. Although not
4 The DOE test procedure incorporates by
reference Air-Conditioning, Heating, and
Refrigeration Institute (‘‘AHRI’’) Test Standard
1250–2009, ‘‘Standard for Performance Rating of
Walk-in Coolers and Freezers’’ (including Errata
sheet dated December 2015) (‘‘AHRI 1250–2009’’).
Section 6 of that standard defines walk-in box
thermal loads as a function of refrigeration system
net capacity for both high-load and low-load
periods. The waiver petition asserts that wine
cellars do not have distinct high and low load
periods, and that the box load levels in the test
standard are not representative for wine cellar
refrigeration systems.
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explicitly identified by Vinotheque,
DOE recognizes that because of their
single-package design, these basic
models have insufficient space within
the units and insufficient lengths of
liquid line and evaporator outlet line for
the dual mass flow meters and the dual
temperature and pressure measurements
required by the test procedure’s
refrigerant enthalpy method. AHRI
1250–2009 does not include specific
provisions for testing single-package
systems and testing these basic models
using the refrigerant enthalpy method as
required by Appendix C would require
extensive additional piping to route the
pipes out of the system where the
components can be installed, and then
back in.5 This additional piping would
impact unit performance, likely be
inconsistent between test labs, and
result in unrepresentative test values for
the unit under test. AHRI has published
a revised version of the test standard
that provides provisions for singlepackage systems without requiring
extensive additional piping (AHRI
1250–2020, 2020 Standard for
Performance Rating of Walk-in Coolers
and Freezers). As discussed below, the
interim waiver alternative test
procedure presented for comment in
this notification adopts the new test
methods included in AHRI 1250–2020
for single-package units.
DOE has received multiple requests
from wine cellar manufacturers for
waiver and interim waiver from
Appendix C. In light of these requests,
DOE met with both AHRI and the wine
cellar walk-in refrigeration system
manufacturers to develop a consistent
and representative alternate test
procedure that would be relevant to
each waiver request. Ultimately, AHRI
sent a letter to DOE on August 18, 2020,
summarizing the industry’s position on
several issues (‘‘AHRI August 2020
Letter’’).6 This letter documents
industry support for specific wine cellar
5 In a waiver granted to Store It Cold for certain
models of single-package units, DOE acknowledged
a similar issue in which the additional piping
necessary to install the required testing components
would affect performance of the units, rendering the
results unrepresentative. See 84 FR 39286 (Aug. 9,
2019). In the case of the waiver granted to Store It
Cold, the refrigerant enthalpy method yielded
inaccurate data for the specified basic models
compared to the basic models’ true performance
characteristics because of the additional piping
required to attach the testing components required
by the refrigerant enthalpy test. The same issues are
present for the specified Single-Packaged basic
models included in Vinotheque’s waiver petition.
6 DOE’s meetings with Vinotheque and other
wine cellar refrigeration systems were conducted
consistent with the Department’s ex parte meeting
guidance (74 FR 52795; October 14, 2009). The
AHRI August 2020 letter memorializes this
communication and is provided in Docket No.
EERE–2019–BT–WAV–0038–0005.
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walk-in refrigeration system test
procedure requirements, allowing the
provisions to apply only to refrigeration
systems with a minimum operating
temperature of 45 °F, since wine cellar
system controls and unit design
specifications prevent these walk-ins
from reaching a temperature below
45 °F. A provision for testing walk-in
wine cellar refrigeration systems at an
external static pressure (‘‘ESP’’) 7 of 50
percent of the maximum ESP to be
specified by manufacturers for each
basic model (‘‘AHRI August 2020
Letter’’) is also included.
Vinotheque’s updated petition,
docketed on December 11, 2020, states
that all basic models listed in the
petition for waiver and interim waiver
have a minimum operating temperature
of 45 °F and provides maximum ESP
values for specified ducted singlepackaged and ducted matched-pair
basic models.8 (Vinotheque, No. 6)
Vinotheque 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).
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 products and equipment,
including when demonstrating
compliance with applicable DOE energy
conservation standards. Pursuant to its
regulations at 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.
Vinotheque seeks to use an approach
that would test and rate specific wine
cellar walk-in refrigeration system basic
models. The company’s suggested
approach specifies using an air-return
7 External static pressure is the sum of all the
pressure resisting the fans, in this case chiefly the
resistance generated by the air moving through
ductwork.
8 Vinotheque has stated that the maximum ESP
values included in its updated petition for waiver
are confidential business information. These values
have been redacted from the publicly-available
petition and email correspondence.
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temperature of 55 °F, as opposed to the
35 °F requirement prescribed in the
current DOE test procedure. Vinotheque
also suggests using an air-return relative
humidity of 55 percent RH, as opposed
to <50 percent RH. Additionally,
Vinotheque requests that a correction
factor of 0.55 be applied to the final
AWEF calculation to account for the
different use and load patterns of the
specified basic models as compared to
walk-in cooler refrigeration systems
generally. Vinotheque cited the use of
such a correction factor for coolers 9 and
combination cooler refrigeration
products under DOE’s test procedure for
miscellaneous refrigeration products at
10 CFR part 430, subpart B, appendix A.
IV. Interim Waiver Order
DOE has reviewed Vinotheque’s
application, its suggested testing
approach, representations of the
specified basic models on the website
for the WhisperKOOL and CellarCool
brands, related product catalogs, and
information provided by Vinotheque
and other wine cellar walk-in
refrigeration system manufacturers in
meetings with DOE. Based on this
review, DOE is granting an interim
waiver that requires testing with a
modified version of the testing approach
suggested by Vinotheque.
The modified testing approach would
apply to the models specified in
Vinotheque’s waiver petition that
include two categories of WICF
refrigeration systems, i.e., singlepackaged and matched-pair (split)
systems. The systems that are singlepackage are identified by a ‘‘SinglePackaged’’ heading in the waiver
petition. All of the single-package basic
models are capable of some ducting;
those that are specifically identified in
their basic model name as ‘‘fully
ducted’’ are designed to be ducted on
both the evaporator and condenser
sides. This enables the option of
installing the unit cooler remotely by
circulating air through ducts from the
wine cellar to the unit cooler and back,
and from the condenser to the outside
(or another conditioned space). The
single-package basic models that are not
identified in their basic model name as
‘‘fully ducted’’ are designed for
installation through the wall or ceiling
of the wine cellar, with optional ducting
connecting the condenser side of the
unit to the outside or another
9 A cooler is a cabinet, used with one or more
doors, that has a source of refrigeration capable of
operating on single-phase, alternating current and is
capable of maintaining compartment temperatures
either: (1) No lower than 39 °F (3.9 °C); or (2) In a
range that extends no lower than 37 °F (2.8 °C) but
at least as high as 60 °F (15.6 °C). 10 CFR 430.2.
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conditioned space. The basic models
that are identified by the ‘‘MatchedPair’’ heading in the waiver petition are
matched-pair (split) systems, in which
refrigerant circulates between the
‘‘evaporator unit’’ (unit cooler) portion
of the unit and the ‘‘condensing unit.’’
The refrigerant cools the wine cellar air
in the evaporator unit, while the
condensing unit rejects heat from the
refrigeration system in a remote
location, often outside. The evaporator
unit of the ‘‘Fully Ducted’’ (Platinum
4000 Fully Ducted, Platinum 8000 Fully
Ducted, and Platinum Twin Fully
Ducted) matched-pair system basic
models circulates air through ducts from
the wine cellar to the evaporator unit
and back to provide cooling, while the
evaporator unit of the remaining
matched-pair systems is installed either
partially or entirely in the wine cellar,
allowing direct cooling. The capacity
range of the specified basic models is
from 1,453 Btu/h to 12,530 Btu/h at the
specified operating conditions for each
of the models (Vinotheque, No. 7).10
DOE considers the operating
temperature range of the specified basic
models to be integral to its analysis of
whether such models require a test
procedure waiver. Grant of the interim
waiver and its alternative test procedure
to Vinotheque for the specified basic
models listed in the petition is based
upon Vinotheque’s representation that
the operating range for the basic models
listed in the interim waiver does not
extend below 45 °F.
The alternate test procedure specified
in the Interim Waiver Order requires
testing the specified basic models
according to Appendix C with the
following changes. The required
alternate test procedure specifies an air
entering dry-bulb temperature of 55 °F
and a relative humidity of 55 percent.
The alternate test procedure also
specifies that the capacity measurement
for the specified basic models that are
single-package systems (identified by
the ‘‘Single-Packaged’’ heading in the
basic models list) be conducted using a
primary and a secondary capacity
measurement method as specified in
AHRI 1250–2020, using two of the
following: The indoor air enthalpy
method; the outdoor air enthalpy
method; the compressor calibration
method; the indoor room calorimeter
10 The specified operating conditions are 55 °F
cold-side air entering conditions and 85 °F warmside air entering temperature. WhisperKOOL and
CellarCool specification sheets and installation
manuals do not specify a cold side relative
humidity. An example series of specified models
with capacity information based upon these
conditions can be found in the Vinotheque owner’s
manual at the associated docket number.
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method; the outdoor room calorimeter
method; or the balanced ambient room
calorimeter method.
The required alternate test procedure
also includes the following additional
modifications to Vinotheque’s suggested
approach: For systems that can be
installed with (1) ducted evaporator air,
(2) with or without ducted evaporator
air, (3) ducted condenser air, or (4) with
or without ducted condenser air, testing
would be conducted at 50 percent of the
maximum ESP, consistent with the
AHRI August 2020 Letter
recommendations, subject to a tolerance
of ¥0.00/+0.05 in. wc.11 DOE
understands that maximum ESP is
generally not published in available
literature such as installation
instructions, but manufacturers do
generally specify the size and maximum
length of ductwork that is acceptable for
any given unit in such literature. The
duct specifications determine what ESP
would be imposed on the unit in field
operation.12 The provision of allowable
duct dimensions is more convenient for
installers than maximum ESP, since it
relieves the installer from having to
perform duct pressure drop calculations
to determine ESP. DOE independently
calculated the maximum pressure drop
over a range of common duct roughness
values 13 using duct lengths and
diameters published in Vinotheque’s
installation manuals (Vinotheque, No.
7).14 DOE’s calculations show
reasonable agreement with the
maximum ESP values provided by
Vinotheque for the specified basic
models. Given that the number and
degree of duct bends and duct type will
vary by installation, DOE found the
maximum ESP values provided by
Vinotheque to be sufficiently
representative.
Selection of a representative ESP
equal to half the maximum ESP is based
on the expectation that most
installations will require less than the
11 Inches of water column (‘‘in. wc’’) is a unit of
pressure conventionally used for measurement of
pressure differentials.
12 The duct material, length, diameter, shape, and
configuration are used to calculate the ESP
generated in the duct, along with the temperature
and flow rate of the air passing through the duct.
The conditions during normal operation that result
in a maximum ESP are used to calculate the
reported maximum ESP values, which are
dependent on individual unit design and represent
manufacturer-recommended installation and use.
13 Calculations were conducted over an absolute
roughness range of 1.0–4.6 mm for flexible duct as
defined in pages 1–2 of an OSTI Journal Article on
pressure loss in flexible HVAC ducts at https://
www.osti.gov/servlets/purl/836654 (Docket No.
EERE–2019–BT–WAV–0038–0008) and available at
https://www.regulations.gov.
14 A representative example of duct lengths and
diameters can be found in the Vinotheque owner’s
manual at the associated docket number.
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maximum allowable duct length. In the
absence of field data, DOE expects that
a range of duct lengths from the
minimal length to the maximum
allowable length would be used; thus,
DOE believes that half of the maximum
ESP would be representative of most
installations. For basic models with
condensing or evaporator units that are
not designed for the ducting of air, this
design characteristic must be clearly
stated.
Additionally, if there are multiple
condenser or evaporator unit fan speed
settings, the speed setting used would
be as instructed in the unit’s installation
instructions. However, if the installation
instructions do not specify a fan speed
setting for ducted installation, systems
that can be installed with ducts would
be tested with the highest available fan
speed. The ESP would be set for testing
either by symmetrically restricting the
outlet duct 15 or, if using the indoor air
enthalpy method, by adjusting the
airflow measurement apparatus blower.
The alternate test procedure also
describes the requirements for
measurement of ESP consistent with
provisions provided in AHRI 1250–2020
when using the indoor air enthalpy
method with unit coolers.
According to Vinotheque’s petition,
the specified walk-in refrigeration
system basic models that are matchedpair systems are sold as full systems
(i.e., split systems) rather than as
individual unit cooler and condensing
unit components. This Interim Waiver
Order provides no direction regarding
refrigerant line connection operating
conditions, and as such is inapplicable
to testing the basic models as individual
components. Consequently, the Interim
Waiver Order addresses only matchedpair testing of the specified basic
models that are split-systems.
DOE notes that, despite the request
from Vinotheque, it is not including a
0.55 correction factor in the alternate
test procedure required by the Interim
Waiver Order. In its petition for waiver,
Vinotheque observed that the test
procedure in appendix A to subpart B
of 10 CFR part 430 (‘‘Appendix A’’)
includes such a factor to account for the
difference in use and loading patterns of
coolers (e.g., single-packaged wine
chiller cabinets) as compared to other
residential refrigeration products and
sought to include a factor as part of its
petition. Coolers, like other residential
refrigeration products, are tested in a
90 °F room without door openings
(section 2.1.1 of Appendix A). The
15 This approach is used for testing of furnace
fans, as described in Section 8.6.1.1 of 10 CFR part
430, appendix AA to subpart B.
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intent of the energy test procedure for
residential refrigeration products is to
simulate operation in typical room
conditions (72 °F) with door openings
by testing at 90 °F ambient temperature
without door openings. 10 CFR
430.23(ff)(7). In section 5.2.1.1 of
Appendix A, a correction factor of 0.55
is applied to the measured energy
consumption of coolers so that
measuring energy consumption at 90 °F
ambient temperature without door
openings provides test results that are
representative of consumer usage at
72 °F ambient temperature with door
openings. Specifically, the 0.55
correction factor reflects that (1) closeddoor operation of single-packaged
coolers in typical 72 °F room conditions
results in an average energy
consumption 0.46 times the value
measured at the 90 °F ambient
temperature specified by the test
procedure; and (2) expected door
openings of a single-packaged wine
chiller would add an additional 20%
thermal load. Multiplying 0.46 by 1.2
results in the overall correction factor of
0.55. See 81 FR 46768, 46782 (July 18,
2016) (final rule for miscellaneous
refrigeration products).
In contrast, these same closed-door
conditions on which the miscellaneous
refrigeration correction factor is based
are not present in the test procedure for
walk-in cooler refrigeration systems.
The WICF test procedure does not
provide for closed-door testing at
elevated ambient temperatures as the
test procedure for residential
refrigeration products does because
walk-ins are tested and rated by
component, with a walk-in refrigeration
system tested and rated separately from
a walk-in enclosure (panels and doors).
See 76 FR 21580. Walk-in refrigeration
load is set by using a representative
ratio of box load to capacity (see
discussion below). As a result, applying
the 0.55 correction factor as suggested
by Vinotheque is not appropriate for the
specified basic models.
While not specifically addressed in
the request for waiver submitted by
Vinotheque, waivers submitted by other
manufacturers have suggested that the
0.55 correction factor also addresses the
differences in run time and compressor
inefficiency of wine cellar refrigeration
systems as compared to walk-in cooler
refrigeration systems more generally and
have suggested that the run time for
wine cellar walk-in refrigeration
systems ranges from 50 to 75 percent.
AHRI 1250–2009 accounts for percent
run time in the AWEF calculation by
setting walk-in box load equal to
specific fractions of refrigeration system
net capacity—the fractions are defined
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based on whether the refrigeration
system is for cooler or freezer
applications, and whether it is designed
for indoor or outdoor installation (see
sections 6.2 (applicable to coolers) and
6.3 (applicable to freezers) of AHRI
1250–2009). The alternate test
procedure provided by this interim
waiver requires calculating AWEF based
on setting the walk-in box load equal to
half of the refrigeration system net
capacity, without variation according to
high and low load periods and without
variation with outdoor air temperature
for outdoor refrigeration systems.
Setting the walk-in box load equal to
half the refrigeration system net
capacity results in a refrigeration system
run time fraction slightly above 50
percent. As previously discussed, walkin energy consumption is determined by
component, with separate test
procedures for walk-in refrigeration
systems, doors, and panels. Section 6 of
AHRI 1250–2009 provides equations for
determining refrigeration box load as a
function of refrigeration system
capacity. Using these equations with an
assumed load factor of 50 percent
maintains consistency with Appendix C
while providing an appropriate load
fraction for wine cellar refrigeration
systems. Accordingly, DOE has declined
to adopt a correction factor for the
equipment at issue.
Based on DOE’s review of
Vinotheque’s petition, the required
alternate test procedure laid out in the
Interim Waiver Order appears to allow
for the accurate measurement of energy
efficiency of the specified basic models,
while alleviating the testing issues
associated with Vinotheque’s
implementation of wine cellar walk-in
refrigeration system testing for these
basic models. Consequently, DOE has
determined that Vinotheque’s petition
for waiver will likely be granted.
Furthermore, DOE has determined that
it is desirable for public policy reasons
to grant Vinotheque immediate relief
pending a determination of the petition
for waiver.
For the reasons stated, it is ordered
that:
(1) Vinotheque must test and rate the
following single-packaged and matchedpair WhisperKOOL- and CellarCoolbranded wine cellar walk-in
refrigeration system basic models with
the alternate test procedure set forth in
paragraph (2).
Basic model
Brand name
Single-Packaged
SC Pro 2000 .............................
SC Pro 3000 .............................
SC Pro 4000 .............................
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WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
Sfmt 4703
Basic model
SC Pro 8000 .............................
Extreme 3500 ti ........................
Extreme 5000 ti ........................
Extreme 8000 ti ........................
Extreme 3500 tiR .....................
Extreme 5000 tiR .....................
Extreme 8000 tiR .....................
Extreme 3500 tiR Fully Ducted
Extreme 5000 tiR Fully Ducted
Extreme 8000 tiR Fully Ducted
Phantom 3500 ..........................
Phantom 5000 ..........................
Phantom 8000 ..........................
Slimline LS ...............................
Optimum 2200 ..........................
Optimum 3300 ..........................
Optimum 4400 ..........................
Optimum 8800 ..........................
CX2200 .....................................
CX3300 .....................................
CX4400 .....................................
CX8800 .....................................
SL2500 .....................................
Ultimate 3300 ...........................
Ultimate 4400 ...........................
Ultimate 8800 ...........................
Ultimate 3300–R .......................
Ultimate 4400–R .......................
Ultimate 8800–R .......................
Ultimate FD 3300 .....................
Ultimate FD 4400 .....................
Ultimate FD 8800 .....................
Ultimate PLUS Fully Ducted
3300.
Ultimate PLUS Fully Ducted
4400.
Ultimate PLUS Fully Ducted
8800.
Brand name
WhisperKOOL.
WhisperKOOL.
WhisperKOOL
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
Matched-Pair
Platinum Mini ............................
Platinum 4000 ..........................
Platinum 8000 ..........................
Platinum Twin ...........................
Platinum 4000 Fully Ducted .....
Platinum 8000 Fully Ducted .....
Platinum Twin Fully Ducted .....
Platinum 4000 Ducted ..............
Platinum 8000 Ducted ..............
Platinum Twin Ducted ..............
Ceiling Mount Mini ....................
Ceiling Mount 4000 ..................
Ceiling Mount 8000 ..................
Ceiling Mount Twin ...................
Quantum 9000 ..........................
Quantum 12000 ........................
Magnum 9000 ..........................
Magnum 12000 ........................
CM2500–S ................................
CM3500–S ................................
CM5000–S ................................
CM9000 Twin Split ...................
WM2500–S ...............................
WM3500–S ...............................
WM5000–S ...............................
WM9000 Twin-S .......................
FD3500–S ................................
FD5000–S ................................
FD9000 Twin-S ........................
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
(2) The alternate test procedure for the
Vinotheque basic models identified in
paragraph (1) of this Interim Waiver
Order is the test procedure for Walk-in
Cooler Refrigeration Systems prescribed
by DOE at 10 CFR part 431, subpart R,
appendix C (‘‘Appendix C to Subpart
R’’), except as detailed below. All other
requirements of Appendix C to Subpart
R, and DOE’s regulations remain
applicable.
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In Appendix C to Subpart R, revise
section 3.1.1 (which specifies
modifications to AHRI 1250–2009
(incorporated by reference; see
§ 431.303)) to read:
3.1.1. In Table 1, Instrumentation
Accuracy, refrigerant temperature
measurements shall have an accuracy of
±0.5 °F for unit cooler in/out.
Measurements used to determine
temperature or water vapor content of
the air (i.e., wet bulb or dew point) shall
be accurate to within ±0.25 °F; all other
temperature measurements shall be
accurate to within ±1.0 °F.
In Appendix C to Subpart R, revise
section 3.1.4 (which specifies
modifications to AHRI 1250–2009) and
add modifications of AHRI 1250–2009
Tables 3 and 4 to read:
3.1.4. In Tables 3 and 4 of AHRI
1250–2009, Section 5, the Condenser
Air Entering Wet-Bulb Temperature
requirement applies only to singlepackaged dedicated systems. Tables 3
and 4 shall be modified to read:
TABLE 3—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING
UNIT LOCATED INDOOR
Test description
Unit cooler
air entering
dry-bulb,
°F
Evaporator Fan Power ..
Refrigeration Capacity ..
Unit cooler
air entering
relative
humidity,
%1
55
55
55
55
Condenser
air entering
dry-bulb,
°F
Maximum
condenser
air entering
wet-bulb,
°F
Compressor
status
Test objective
........................
90
........................
3 65
...............................
Compressor On ....
Measure fan input wattage.2
Determine Net Refrigeration Capacity of Unit
Cooler, input power, and EER at Rating Condition.
Notes:
1 The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative humidity is 3%.
2 Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the evaporator fan.
3 Maximum allowable value for Single-Packaged Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is located in
the outdoor room.
TABLE 4—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING
UNIT LOCATED OUTDOOR
Test description
Unit cooler
air
entering drybulb,
°F
Unit cooler
air entering
relative
humidity,
%1
Condenser air
entering drybulb,
°F
Maximum
condenser air
entering
wet-bulb,
°F
Compressor
status
Test objective
Measure fan input wattage.2
Determine Net Refrigeration Capacity of Unit
Cooler, input power, and EER at Rating Condition.
Determine Net Refrigeration Capacity of Unit
Cooler and system input power at moderate
condition.
Determine Net Refrigeration Capacity of Unit
Cooler and system input power at cold condition.
Evaporator Fan Power ..
Refrigeration Capacity A
55
55
55
55
........................
95
........................
3 68
...............................
Compressor On ....
Refrigeration Capacity B
55
55
59
3 46
Compressor On ....
Refrigeration Capacity C
55
55
35
3 29
Compressor On ....
Notes:
1 The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative humidity is 3%.
2 Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the evaporator fan.
3 Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is
located in the outdoor room.
In Appendix C to Subpart R,
following section 3.2.5 (instructions
regarding modifications to AHRI 1250–
2009), add sections 3.2.6 and 3.2.7 to
read:
3.2.6 The purpose in section C1 of
appendix C is modified by extending it
to include Single-Packaged Dedicated
Systems.
3.2.7 For general test conditions and
data recording (appendix C, section C7),
the test acceptance criteria in Table 2
and the data to be recorded in Table C2
apply to the Dual Instrumentation and
Calibrated Box methods of test.
In Appendix C to Subpart R, revise
section 3.3 to read:
3.3. Matched systems, singlepackaged dedicated systems, and unit
coolers tested alone: Test any split
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system wine cellar walk-in refrigeration
system as a matched pair. Any
condensing unit or unit cooler
component must be matched with a
corresponding counterpart for testing.
Use the test method in AHRI 1250–2009
(incorporated by reference; see
§ 431.303), appendix C as the method of
test for matched refrigeration systems,
single-packaged dedicated systems, or
unit coolers tested alone, with the
following modifications:
*
*
*
*
*
In Appendix C to Subpart R, revise
sections 3.3.3 through 3.3.3.2 to read:
3.3.3 Evaporator fan power.
3.3.3.1 The unit cooler fan power
consumption shall be measured in
accordance with the requirements in
Section C3.5 of AHRI 1250–2009. This
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measurement shall be made with the fan
operating at full speed, either measuring
unit cooler or total system power input
upon the completion of the steady state
test when the compressors and
condenser fan of the walk-in system is
turned off, or by submetered
measurement of the evaporator fan
power during the steady state test.
Section C3.5 of AHRI 1250–2009 is
revised to read:
Unit Cooler Fan Power Measurement.
The following shall be measured and
recorded during a fan power test.
EFcomp,on .....
FS ..............
N ................
Pb ...............
E:\FR\FM\01MRN1.SGM
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Total electrical power input to
fan motor(s) of Unit Cooler,
W.
Fan speed (s), rpm.
Number of motors.
Barometric pressure, in. Hg.
11968
Tdb .............
Twb .............
V ................
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Dry-bulb temperature of air at
inlet, °F.
Wet-bulb temperature of air at
inlet, °F.
Voltage of each phase, V.
For a given motor winding
configuration, the total power input
shall be measured at the highest
nameplated voltage. For three-phase
power, voltage imbalance shall be no
more than 2%.
3.3.3.2 Evaporator fan power for the
off-cycle is equal to the on-cycle
evaporator fan power with a run time of
ten percent of the off-cycle time.
EFcomp,off = 0.1 × EFcomp,on
In Appendix C to Subpart R,
following section 3.3.7.2, add new
sections 3.3.8, 3.3.9, and 3.3.10 to read:
3.3.8. Measure power and capacity
of single-packaged dedicated systems as
described in sections C4.1.2 and C9 of
AHRI 1250–2020. The third and fourth
sentences of Section C9.1.1.1 of AHRI
1250–2020 (‘‘Entering air is to be
sufficiently dry as to not produce frost
on the Unit Cooler coil. Therefore, only
sensible capacity measured by dry bulb
change shall be used to calculate
capacity.’’) shall not apply.
3.3.9. For systems with ducted
evaporator air, or that can be installed
with or without ducted evaporator air:
Connect ductwork on both the inlet and
outlet connections and determine
external static pressure as described in
ASHRAE 37–2009, sections 6.4 and 6.5.
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Use pressure measurement
instrumentation as described in
ASHRAE 37–2009 section 5.3.2. Test at
the fan speed specified in manufacturer
installation instructions—if there is
more than one fan speed setting and the
installation instructions do not specify
which speed to use, test at the highest
speed. Conduct tests with the external
static pressure equal to 50 percent of the
maximum external static pressure
allowed by the manufacturer for system
installation within a tolerance of ¥0.00/
+0.05 in. wc. If testing with the indoor
air enthalpy method, adjust the airflow
measurement apparatus fan to set the
external static pressure—otherwise, set
the external static pressure by
symmetrically restricting the outlet of
the test duct. In case of conflict, these
requirements for setting evaporator
airflow take precedence over airflow
values specified in manufacturer
installation instructions or product
literature.
3.3.10. For systems with ducted
condenser air, or that can be installed
with or without ducted condenser air:
Connect ductwork on both the inlet and
outlet connections and determine
external static pressure as described in
ASHRAE 37–2009, sections 6.4 and 6.5.
Use pressure measurement
instrumentation as described in
ASHRAE 37–2009, section 5.3.2. Test at
the fan speed specified in manufacturer
installation instructions—if there is
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more than one fan speed setting and the
installation instructions do not specify
which speed to use, test at the highest
speed. Conduct tests with the external
static pressure equal to 50 percent of the
maximum external static pressure
allowed by the manufacturer for system
installation within a tolerance of ¥0.00/
+0.05 in. wc. If testing with the outdoor
enthalpy method, adjust the airflow
measurement apparatus fan to set the
external static pressure—otherwise, set
the external static pressure by
symmetrically restricting the outlet of
the test duct. In case of conflict, these
requirements for setting condenser
airflow take precedence over airflow
values specified in manufacturer
installation instructions or product
literature. If testing using the outdoor air
enthalpy method, the requirements of
section 8.6 of ASHRAE 37–2009 are not
applicable.
In Appendix C to Subpart R, revise
section 3.3.6 (which specifies
modifications to AHRI 1250–2009) to
read:
3.3.6. AWEF is calculated on the basis
that walk-in box load is equal to half of
the system net capacity, without
variation according to high and low load
periods and without variation with
outdoor air temperature for outdoor
refrigeration systems, and the test must
be done as a matched or single-package
refrigeration system, as follows:
For Indoor Condensing Units:
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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 a basic model’s true
energy consumption characteristics. 10
CFR 431.401(k)(1). Likewise,
Vinotheque may request that DOE
rescind or modify the Interim Waiver
Order if Vinotheque 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 Vinotheque from
the certification requirements set forth
at 10 CFR part 429.
DOE makes decisions on waivers and
interim waivers for only those basic
models specifically set out in the
petition, not future models that may be
manufactured by the petitioner.
Vinotheque may submit a new or
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amended petition for waiver and request
for grant of interim waiver, as
appropriate, for additional basic models
of Walk-in Cooler Refrigeration Systems.
Alternatively, if appropriate,
Vinotheque 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 February 23,
2021, by Kelly Speakes-Backman,
Principal Deputy Assistant Secretary
and Acting Assistant Secretary for
Energy Efficiency and Renewable
Energy, pursuant to delegated authority
from the Acting 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
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(3) Representations. Vinotheque may
not make representations about the
efficiency of a basic model listed in
paragraph (1) of this Interim Waiver
Order 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 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 Vinotheque are valid. If Vinotheque
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 Vinotheque will either be
required to use the current Federal test
method or submit a new application for
a test procedure waiver. DOE may
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices
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 February 24,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
Appendix 1
Petition for Waiver and Interim Waiver
Vinotheque Wine Cellars DBA
WhisperKOOL Corp. DBA CellarCool is
requesting for Interim Waiver from a DOE
test procedure pursuant to provisions
described in 10 CFR 431.401 for the
following products on the grounds that
‘‘either the basic model contains one or more
design characteristics that prevent testing of
the basic model according to the prescribed
test procedures or 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.’’
[Product images provided with petition may
be found at Docket No. EERE–2019–BT–
WAV–0038–0006 and at https://
www.regulations.gov]
The Design Characteristics Constituting the
Grounds for the Interim Waiver Application
AHRI 1250–2009 is silent on the definition
of single packaged and matched pair
refrigeration systems, however, as seen in
Section 3.12 of the public comment version
of soon to be published revision of AHRI
1250, these types of products are defined as
follows:
3.12 Refrigeration System. The
mechanism (including all controls and other
components integral to the system’s
operation) used to create the refrigerated
environment in the interior of a walk-in
cooler or walk-in freezer, consisting of:
A Dedicated Condensing Unit; or A Unit
Cooler.
3.12.1 Matched Refrigeration System
(Matched-pair). A combination of a
Dedicated Condensing Unit and one or more
Unit Coolers specified by the Dedicated
Condensing Unit manufacturer which are all
distributed in commerce together. SinglePackaged Dedicated Systems are a subset of
Matched Refrigeration Systems.
3.12.2 Single-packaged Refrigeration
System (Single-packaged). A Matched
Refrigeration System that is a Singlepackaged assembly that includes one or more
compressors, a condenser, a means for forced
circulation of refrigerated air, and elements
by which heat is transferred from air to
refrigerant, without any element external to
the system imposing resistance to flow of the
refrigerated air.
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Self-Contained Cooling Systems for Walk-In
Wine Cellars (Refer to Single-Packaged WalkIn Cooler Refrigeration Systems in AHRI
1250)
• Self-contained cooling systems are
designed to provide cold environment
between 45∼65 °F and maintain relative
humidity within the range of 50∼70% for
properly insulated and sized wine cellars.
• These temperature and relative humidity
ranges are optimized for long term storage of
wine like that in natural caves.
• These cooling systems are all-in-one
ready for use and no more refrigerant piping
is required in the field.
• These cooling systems are factory-built,
critically charged and tested, and only
require through-the-wall installation on
walk-in wine cellars in the field.
• These systems are available as indoor or
outdoor uses with automatic off-cycle air
defrost.
• Wine cellars are usually located in airconditioned spaces.
Split Cooling Systems for Walk–In Wine
Cellars (Refer to Matched-Pair Walk-In Cooler
Refrigeration Systems in AHRI 1250)
• Split cooling systems are designed to
provide cold environment between 45∼65 °F
and maintain relative humidity range within
50∼70% for properly insulated wine cellars.
• These temperature and relative humidity
ranges are optimized for long term storage of
wine like that in natural caves.
• These cooling systems consist of a
remote condensing unit and an evaporator
unit, which are connected by a liquid line
and an insulated suction line.
• These systems must be charged properly
with refrigerant in the field.
• These systems are available as indoor or
outdoor uses with automatic off-cycle air
defrost.
• Wine cellars are usually located in airconditioned spaces.
• As opposed to utilize large compressors,
large surface area coils, multiple fans, and
large volumes of refrigerant, these systems
employ fractional compressors and automatic
expansion valves to maintain 50∼70%
relative humidity.
DOE uniform test method for the
measurement of energy consumption of walkin coolers and walk-in freezers (WICF)
described in 10 CFR 431.304 adopts the test
standard set forth in AHRI 1250–2009. Both
10 CFR part 431 and AHRI 1250 define WICF
products as ‘‘. . . an enclosed storage space
refrigerated to temperatures, respectively,
above, and at or below 32 degrees Fahrenheit
that can be walked into, and has a total
chilled storage area of less than 3,000 square
feet . . .’’ Walk-in wine cellar cooling
systems meet this definition. Therefore,
WICF products are subject to the test method
and minimum energy requirements as
described in 10 CFR 431.401.
AHRI 1250 specifies that for walk-in
coolers, the refrigeration system is to be rated
at a cooler air-return temperature of 35 °F
(box setpoint) than is typically seen in a wine
cellar application. Operating a wine cellar at
this condition would adversely mechanically
alter the intended performance of the system
including icing of the evaporator coil,
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potential damage to the compressor, and will
not result in an accurate representation of the
performance of the cooling unit. Wine cellars
generally are kept at 55 °F, with 55% relative
humidity.
The calculation of the Annual Walk-in
Energy Factor (AWEF) found in AHRI 1250
accounts for typical usage of WICF products
with high and low load periods. Wine cellars
see a constant load, no highs or lows, that
does not resemble the use patterns that are
representative of typical WICF products.
Therefore, the AWEF calculation described
in 10 CFR 431.304 and AHRI 1250 does not
match the applications of wine cellar cooling
systems.
The compressors used in wine cellar
cooling systems are predominately fractional
horsepower, which are inherently less
efficient than larger compressors used in
walk-in cooler refrigeration systems.
Therefore, we do not believe there is
technology on the market that will provide
the needed energy efficiency in wine cellar
cooling systems to meet the minimum AWEF
value for commercial walk-in cooler
refrigeration systems set forth in 10 CFR
431.306.
The prescribed test procedure is
unrepresentative of the products’ true energy
characteristics.
One or more design characteristics that
prevent testing of the basic model according
to the prescribed test procedures or cause the
prescribed test procedures to evaluate the
basic model in a manner so unrepresentative
of its true energy or water consumption
characteristics as to provide materially
inaccurate comparative data.
Basic Models on which the Interim Waiver
is being requested: All models listed cannot
operate at box temperature below 45 0F. Due
to controller set point limitations, the
operating range is set from 70 0F to 50 0F.
Basic model
Brand name
Single-Packaged
SC Pro 2000 .............................
SC Pro 3000 .............................
SC Pro 4000 .............................
SC Pro 8000 .............................
Extreme 3500 ti ........................
Extreme 5000 ti ........................
Extreme 8000 ti ........................
Extreme 3500 tiR .....................
Extreme 5000 tiR .....................
Extreme 8000 tiR .....................
Extreme 3500 tiR Fully Ducted
Extreme 5000 tiR Fully Ducted
Extreme 8000 tiR Fully Ducted
Phantom 3500 ..........................
Phantom 5000 ..........................
Phantom 8000 ..........................
Slimline LS ...............................
Optimum 2200 ..........................
Optimum 3300 ..........................
Optimum 4400 ..........................
Optimum 8800 ..........................
CX2200 .....................................
CX3300 .....................................
CX4400 .....................................
CX8800 .....................................
SL2500 16 ..................................
Ultimate 3300 ...........................
Ultimate 4400 ...........................
Ultimate 8800 ...........................
Ultimate 3300–R .......................
Ultimate 4400–R .......................
E:\FR\FM\01MRN1.SGM
01MRN1
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices
Basic model
Ultimate
Ultimate
Ultimate
Ultimate
Ultimate
3300.
Ultimate
4400.
Ultimate
8800.
MAXIMUM EXTERNAL STATIC PRESSURE (ESP) FOR EACH BASIC
MODEL—Continued
Brand name
8800–R .......................
FD 3300 .....................
FD 4400 .....................
FD 8800 .....................
PLUS Fully Ducted
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
PLUS Fully Ducted
CellarCool.
PLUS Fully Ducted
CellarCool.
Basic model
Matched-Pair
Platinum Mini ............................
Platinum 4000 ..........................
Platinum 8000 ..........................
Platinum Twin ...........................
Platinum 4000 Fully Ducted .....
Platinum 8000 Fully Ducted .....
Platinum Twin Fully Ducted .....
Platinum 4000 Ducted ..............
Platinum 8000 Ducted ..............
Platinum Twin Ducted ..............
Ceiling Mount Mini ....................
Ceiling Mount 4000 ..................
Ceiling Mount 8000 ..................
Ceiling Mount Twin ...................
Quantum 9000 ..........................
Quantum 12000 ........................
Magnum 9000 ..........................
Magnum 12000 ........................
CM2500–S ................................
CM3500–S ................................
CM5000–S ................................
CM9000 Twin Split ...................
WM2500–S ...............................
WM3500–S ...............................
WM5000–S ...............................
WM9000 Twin-S .......................
FD3500–S ................................
FD5000–S ................................
FD9000 Twin-S ........................
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
WhisperKOOL.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
CellarCool.
MAXIMUM EXTERNAL STATIC PRESSURE (ESP) FOR EACH BASIC
MODEL
Basic model
ESP
(in H2O)
Brand name
Single-Packaged
SC Pro 2000 ............
SC Pro 3000 ............
SC Pro 4000 ............
SC Pro 8000 ............
Extreme 3500 ti ........
Extreme 5000 ti ........
Extreme 8000 ti ........
Extreme 3500 tiR .....
Extreme 5000 tiR .....
Extreme 8000 tiR .....
Extreme 3500 tiR
Fully Ducted.
Extreme 5000 tiR
Fully Ducted.
Extreme 8000 tiR
Fully Ducted.
Phantom 3500 ..........
Phantom 5000 ..........
Phantom 8000 ..........
Slimline LS ...............
Optimum Series
2200.
Optimum 3300 .........
Optimum 4400 .........
Optimum 8800 .........
CX2200 ....................
CX3300 ....................
CX4400 ....................
CX8800 ....................
SL .............................
VerDate Sep<11>2014
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
...
...
...
...
...
...
...
...
...
...
...
................
................
................
................
................
................
................
................
................
................
................
WhisperKOOL ...
................
WhisperKOOL ...
................
WhisperKOOL ...
WhisperKOOL ...
WhisperKOOL ...
WhisperKOOL ...
CellarCool .........
................
................
................
................
................
CellarCool
CellarCool
CellarCool
CellarCool
CellarCool
CellarCool
CellarCool
CellarCool
................
................
................
................
................
................
................
................
.........
.........
.........
.........
.........
.........
.........
.........
18:48 Feb 26, 2021
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ESP
(in H2O)
Brand name
Ultimate 3300 ........... CellarCool .........
Ultimate 4400 ........... CellarCool .........
Ultimate 8800 ........... CellarCool .........
Ultimate 3300–R ...... CellarCool .........
Ultimate 4400–R ...... CellarCool .........
Ultimate 8800–R ...... CellarCool .........
Ultimate FD 3300 ..... CellarCool .........
Ultimate FD 4400 ..... CellarCool .........
Ultimate FD 8800 ..... CellarCool .........
Ultimate PLUS Fully
CellarCool .........
Ducted 3300.
Ultimate PLUS Fully
CellarCool .........
Ducted 4400.
Ultimate PLUS Fully
CellarCool .........
Ducted 8800.
Matched-Pair 17
................
................
................
................
................
................
................
................
................
................
Platinum Mini ...........
Platinum 4000 ..........
Platinum 8000 ..........
Platinum Twin ..........
Platinum 4000 Fully
Ducted.
Platinum 8000 Fully
Ducted.
Platinum Twin Fully
Ducted.
Platinum 8000
Ducted.
Platinum Twin
Ducted.
Ceiling Mount Mini ...
Ceiling Mount 4000 ..
Ceiling Mount 8000 ..
Ceiling Mount Twin ..
Quantum 9000 .........
Quantum 12000 .......
Magnum 9000 ..........
Magnum 12000 ........
CM2500–S ...............
CM3500–S ...............
CM5000–S ...............
CM9000 Twin Split-S
WM2500–S ..............
WM3500–S ..............
WM5000–S ..............
WM9000 Twin-S ......
FD3500–S ................
FD5000–S ................
FD9000 Twin-S ........
...
...
...
...
...
................
................
................
................
................
WhisperKOOL ...
................
WhisperKOOL ...
................
WhisperKOOL ...
................
WhisperKOOL ...
................
WhisperKOOL ...
WhisperKOOL ...
WhisperKOOL ...
WhisperKOOL ...
WhisperKOOL ...
WhisperKOOL ...
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
CellarCool .........
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
WhisperKOOL
................
................
Specific Requirements Sought To Be Waived
Petitioning for a waiver to exempt wine
cellar walk-in cooler systems from being
tested to the current test procedures,
specifically the requirement for the
refrigeration system to be rated at an airreturn temperature of 35 °F.
The petition also includes a correction
factor of 0.55 to be applied to final AWEF
16 As indicated in Vinotheque’s email (EERE–
2019–BT–WAV–0038–0009), in the SinglePackaged table in the ‘‘Maximum External Static
Pressure (ESP) for Each Basic Model’’ section of the
petition, the ‘‘SL’’ basic model is the same as the
‘‘SL2500 basic model listed here.
17 As indicated in Vinotheque’s email (EERE–
2019–BT–WAV–0038–0009), the ‘‘Platinum 4000
Ducted’’ basic model is not included in the
Matched-Pair table in the ‘‘Maximum External
Static Pressure (ESP) for Each Basic Model’’ section
of the petition, but it is a ducted unit that has an
external static pressure identified by Vinotheque in
the email, and redacted accordingly.
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11971
calculations for wine cellar products to allow
the unit to pass minimum efficiency as
delineated by 10 CFR 431 Subpart R. There
is precedent for wine cooling products
receiving a correction factor of 0.55 from
Appendix A to Subpart B of 10 CFR 430 and
DOE Direct Final Rule EERE–2011–BT–STD–
0043–0122.
List of manufacturers of all other basic
models marketing in the United States and
known to the petitioner to incorporate similar
design characteristics—
11. Vinotheque
21. Bacchus
31. BreezAire
41. CellarPro
51. Vinotemp
61. WhisperKool
71. Emerson-Copeland (Stand alone
condensing units for split systems)
81. Danfoss (Stand alone condensing units
for split systems)
91. Tecumseh (Stand alone condensing units
for split systems)
Proposed Alternate Test Procedure
AHRI 1250 test procedure will be followed,
but with the following modifications:
1. Temperature of the air returning to the
walk-in cooling unit shall be 55 °F.
2. Relative humidity of the air returning to
the walk-in cooling unit shall be 55%RH.
3. The AWEF calculations shall include a
correction factor of 0.55 to inflate the final
AWEF value for wine-related products to
meet minimum efficiency standards.
Technical Justifications for the Alternate
Test Procedure
1. The request to change box setpoint from
35 °F to 55 °F is since this is the optimal
temperature for wine to be aged.
WhisperKOOL designs cooling units to meet
this condition and operating at a lower box
setpoint would result in adverse conditions
in the unit. For example, at such a low return
temperature, WhisperKOOL evaporator coils
will ice over. This would then require
additional energy to be expended to operate
a defrost system or would result in adverse
air flow through the coil during performance
testing—leading to lower overall
performance.
2. The same as above can be said with
regards to the request to change the box
humidity setpoint to 55%RH. This condition
is ideal for helping wine to age as it
maintains cork moisture and prevents
damage to labels on the bottles, leading to
damaged investments. Since WhisperKOOL
cooling units are designed to age fine wines
as ideally as possible, the unit will perform
best during a performance test at the
conditions which the unit attempts to
maintain for the end-user.
3. Furthermore, WhisperKOOL is
requesting a 0.55 correction factor to be
applied to all cooling units in order to meet
minimum energy efficiency requirements. In
addition to there being precedent for a
correction factor like this, WhisperKOOL is
unable to achieve the required energy
efficiency for a few reasons, most being
related to the availability of technology and
nuances specific to the wine cellar cooling
industry.
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices
a. First and foremost, due to the size of a
refrigeration system designed for a wine
cellar, WhisperKOOL uses fractionalhorsepower reciprocating compressors,
which are fundamentally more limited in
space and design, and are inherently less
efficient than larger compressors. For
example, WhisperKOOL’s most-sold cooling
unit uses an Embraco-brand compressor
which, at wine cellar conditions has an EER
of about 9.85 BTU/Wh. At the same
conditions, by comparison, a more-modern
scroll compressor rated at 1.8 HP has an EER
closer to 11 BTU/Wh. This is the case across
the board with WhisperKOOL fractionalhorsepower compressors (Embraco brand).
b. Additionally, some installs are difficult
and require the use of a duct-able unit. This
leads to the need for higher-wattage fans
being used in WhisperKOOL products,
further to the detriment of the overall energy
efficiency.
c. Some of the most efficient modern
compressors which operate in the fractionalhorsepower range use R290 as the refrigerant
(Propane). However, an R290 charging station
retrofit would be excessively invasive to
WhisperKOOL’s facility as well as too costly
to redesign all products in such a manner.
Success of the Application for Interim
Waiver Will
Success of the application for Interim
Waiver will ensure that manufacturers of
walk-in wine cellar cooling systems can
continue to participate in the market.
What Economic Hardship and/or
Competitive Disadvantage is Likely To
Result Absent a Favorable Determination on
the Application for Interim Waiver
Economic hardship will be loss of sales
due to not meeting the DOE energy
conservation standards set forth in 10 CFR
431.306 if the existing products were altered
in order to test per current requirements set
forth in 10 CFR 431.304 and AHRI 1250, it
would add significant cost and increase
energy consumption.
Conclusion
WhisperKOOL seeks an Interim Waiver
from DOE’s current test method for the
measurement of energy consumption of walkin wine cellar Self-contained and Split
cooling systems.
Signed By:/s/ MChristian Bromme
Date: 12/1/2020
Title: Engineering Manager
[FR Doc. 2021–04112 Filed 2–26–21; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY
[Case Number 2019–009; EERE–2019–BT–
WAV–0028]
Energy Conservation Program:
Notification of Petition for Waiver of
CellarPro From the Department of
Energy Walk-In Coolers and Walk-in
Freezers 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
CellarPro, which seeks a waiver for
specified walk-in cooler refrigeration
system basic models from the U.S.
Department of Energy (‘‘DOE’’) test
procedure used to determine the
efficiency and energy consumption of
walk-in coolers and walk-in freezers.
DOE also gives notice of an Interim
Waiver Order that requires CellarPro to
test and rate the specified walk-in cooler
refrigeration system basic models in
accordance with the alternate test
procedure set forth in the Interim
Waiver Order, which modifies the
alternate test procedure suggested by
CellarPro. DOE solicits comments, data,
and information concerning CellarPro’s
petition, its suggested alternate test
procedure, and the alternate test
procedure specified in the Interim
Waiver Order so as to inform DOE’s
final decision on CellarPro’s waiver
request.
SUMMARY:
The Interim Waiver Order is
effective on March 1, 2021. Written
comments and information will be
accepted on or before March 31, 2021.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov.
Alternatively, interested persons may
submit comments, identified by case
number ‘‘2019–009’’, and Docket
number ‘‘EERE–2019–BT–WAV–0028,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: CellarPro2019WAV0028@
ee.doe.gov. Include Case No. 2019–009
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, Mail Stop
DATES:
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EE–5B, Petition for Waiver Case No.
2019–009, 1000 Independence Avenue
SW, Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (‘‘CD’’), in which case it is
not necessary to include printed copies.
• Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a ‘‘CD’’, in
which case it is not necessary to include
printed copies.
No telefacsimilies (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
https://www.regulations.gov. All
documents in the docket are listed in
the https://www.regulations.gov index.
However, some documents listed in the
index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
The docket web page can be found at
https://www.regulations.gov/
docket?D=EERE-2019-BT-WAV-0028.
The docket web page contains
instruction on how to access all
documents, including public comments,
in the docket. See the SUPPLEMENTARY
INFORMATION section for information on
how to submit comments through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121. Email:
AS_Waiver_Request@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE is
publishing CellarPro’s petition for
waiver in its entirety in appendix 1 to
this document, pursuant to 10 CFR
431.401(b)(1)(iv).1 DOE invites all
interested parties to submit in writing
by March 31, 2021, comments and
1 The petition did not identify any of the
information contained therein as confidential
business information.
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11961-11972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04112]
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DEPARTMENT OF ENERGY
[Case Number 2019-011; EERE-2019-BT-WAV-0038]
Energy Conservation Program: Notification of Petition for Waiver
of Vinotheque From the Department of Energy Walk-In Coolers and Walk-In
Freezers 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 Vinotheque Wine Cellars DBA
WhisperKOOL Corp. DBA CellarCool (``Vinotheque''), which seeks a waiver
for specified walk-in cooler refrigeration system basic models from the
U.S. Department of Energy (``DOE'') test procedure used to determine
the efficiency and energy consumption of walk-in coolers and walk-in
freezers. DOE also gives notice of an Interim Waiver Order that
requires Vinotheque to test and rate the specified walk-in cooler
refrigeration system basic models in accordance with the alternate test
procedure set forth in the Interim Waiver Order, which modifies the
alternate test procedure suggested by Vinotheque. DOE solicits
comments, data, and information concerning Vinotheque's petition, its
suggested alternate test procedure, and the alternate test procedure
specified in the Interim Waiver Order so as to inform DOE's final
decision on Vinotheque's waiver request.
DATES: The Interim Waiver Order is effective on March 1, 2021. Written
comments and information will be accepted on or before March 31, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov.
Alternatively, interested persons may submit comments, identified by
case number ``2019-011'', and Docket number ``EERE-2019-BT-WAV-0038,''
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include Case No.
2019-011 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, Mail Stop EE-5B, Petition for
Waiver Case No. 2019-011, 1000 Independence Avenue SW, Washington, DC
20585-0121. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a ``CD'', in which
case it is not necessary to include printed copies.
No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see the SUPPLEMENTARY INFORMATION section of this document.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at https://www.regulations.gov. All documents in the docket are
listed in the https://www.regulations.gov index. However, some documents
listed in the index, such as those containing information that is
exempt from public disclosure, may not be publicly available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0038. The docket web page contains
instruction on how to access all documents, including public comments,
in the docket. See the SUPPLEMENTARY INFORMATION section for
information on how to submit comments through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, Mailstop
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email:
[email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
[email protected]@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE is publishing Vinotheque's petition for
waiver in its entirety appendix 1 to this document, pursuant to 10 CFR
431.401(b)(1)(iv), absent information for which the petitioner
requested treatment as confidential business
[[Page 11962]]
information. DOE invites all interested parties to submit in writing by
March 31, 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: Christian Bromme, [email protected], 1738
East Alpine Avenue, Stockton, CA 95205.
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to https://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through https://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
One copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Case Number 2019-011
Interim Waiver Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes the U.S. Department of Energy (``DOE'') to regulate the
energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part C \2\ of
EPCA, 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 coolers and walk-in
freezers, the subject of this Interim Waiver Order. (42 U.S.C.
6311(1)(G))
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ 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), test
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316)
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine whether the equipment complies
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42
U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or
[[Page 11963]]
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
products and 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 used to determine the net
capacity and annual walk-in energy factor (``AWEF'') of walk-in cooler
and walk-in freezer 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. 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 its 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(1). 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. Vinotheque's Petition for Waiver and Application for Interim Waiver
DOE received correspondence, docketed on December 2, 2019, from
Vinotheque seeking an interim waiver from the test procedure for walk-
in cooler and walk-in freezer refrigeration systems set forth at
Appendix C (Vinotheque, No. 1).\3\ The waiver process under 10 CFR
431.401 requires that a petitioner must request a waiver for there to
be consideration of a petition for an interim waiver. Vinotheque later
confirmed in a May 26, 2020 email that its petition should also be
considered as a petition for waiver (Vinotheque, No. 4). Vinotheque
later submitted an updated petition, docketed on December 11, 2020,
providing maximum external static pressure (``ESP'') values for
specified basic models and clarifying that the specified basic models
cannot operate below 45 [deg]F (Vinotheque, No. 6). Due to two
discrepancies in Vinotheque's petition for waiver (the ``Platinum 4000
Ducted'' model is listed in the basic model list but is not listed in
the table containing ESP values; the ``SL2500'' model is listed in the
basic model list, but only appears as ``SL'' in the table containing
ESP values), Vinotheque provided a maximum ESP for the ``Platinum 4000
Ducted'', and confirmed the model number and maximum ESP for ``SL2500''
(Vinotheque, No. 9).
---------------------------------------------------------------------------
\3\ A notation in the form ``Vinotheque, No. 1'' identifies a
written submission: (1) Made by Vinotheque; and (2) recorded in
document number 1 that is filed in the docket of this petition for
waiver (Docket No. EERE-2019-BT-WAV-0038) and available at https://www.regulations.gov.
---------------------------------------------------------------------------
The primary assertion in the petition, absent an interim waiver, is
that the prescribed test procedure would evaluate the specified basic
models in a manner so unrepresentative of their true energy consumption
as to provide materially inaccurate comparative data. As presented in
Vinotheque's petition, the specified basic models of walk-in cooler
refrigeration systems operate at a temperature range of 45-65 [deg]F;
higher than that of a typical walk-in cooler refrigeration system.
Thus, the 35 [deg]F temperature specified in the DOE test procedure for
medium-temperature walk-in refrigeration systems would result in the
prescribed test procedures evaluating the specified basic models in a
manner so unrepresentative of their true energy consumption
characteristics as to provide materially inaccurate comparative data.
Vinotheque also states that the specified basic models are ``wine
cellar cooling systems'' that operate at temperature and relative
humidity ranges optimized for the long-term storage of wine and are
usually located in air-conditioned spaces. Vinotheque contends that
because of these characteristics, wine cellar walk-in refrigeration
systems differ in their walk-in box temperature setpoint, walk-in box
relative humidity, low/high load split,\4\ and compressor efficiency
from other walk-in cooler refrigeration systems.
---------------------------------------------------------------------------
\4\ The DOE test procedure incorporates by reference Air-
Conditioning, Heating, and Refrigeration Institute (``AHRI'') Test
Standard 1250-2009, ``Standard for Performance Rating of Walk-in
Coolers and Freezers'' (including Errata sheet dated December 2015)
(``AHRI 1250-2009''). Section 6 of that standard defines walk-in box
thermal loads as a function of refrigeration system net capacity for
both high-load and low-load periods. The waiver petition asserts
that wine cellars do not have distinct high and low load periods,
and that the box load levels in the test standard are not
representative for wine cellar refrigeration systems.
---------------------------------------------------------------------------
Vinotheque states that the specified basic models are designed to
provide a cold environment at a temperature range between 45-65 [deg]F
with 50-70 percent relative humidity (``RH''), and typically are kept
at 55 [deg]F and 55 percent RH rather than the 35 [deg]F and <50
percent RH test condition prescribed by the DOE test procedure.
Vinotheque states that these temperature and RH conditions are
optimized for the purpose of long-term wine storage to mimic the
temperature and humidity of natural caves. Vinotheque also asserts that
operating a wine cellar at the 35 [deg]F condition would adversely
mechanically alter the intended performance of the system, which would
include icing of the evaporator coil that could potentially damage the
compressor, and would not result in an accurate representation of the
performance of the cooling unit.
Additionally, the basic models of walk-in refrigeration systems--
identified in Vinotheque's waiver petition by the heading in the basic
models list as ``Single-Packaged''--are single-package systems.
Although not
[[Page 11964]]
explicitly identified by Vinotheque, DOE recognizes that because of
their single-package design, these basic models have insufficient space
within the units and insufficient lengths of liquid line and evaporator
outlet line for the dual mass flow meters and the dual temperature and
pressure measurements required by the test procedure's refrigerant
enthalpy method. AHRI 1250-2009 does not include specific provisions
for testing single-package systems and testing these basic models using
the refrigerant enthalpy method as required by Appendix C would require
extensive additional piping to route the pipes out of the system where
the components can be installed, and then back in.\5\ This additional
piping would impact unit performance, likely be inconsistent between
test labs, and result in unrepresentative test values for the unit
under test. AHRI has published a revised version of the test standard
that provides provisions for single-package systems without requiring
extensive additional piping (AHRI 1250-2020, 2020 Standard for
Performance Rating of Walk-in Coolers and Freezers). As discussed
below, the interim waiver alternative test procedure presented for
comment in this notification adopts the new test methods included in
AHRI 1250-2020 for single-package units.
---------------------------------------------------------------------------
\5\ In a waiver granted to Store It Cold for certain models of
single-package units, DOE acknowledged a similar issue in which the
additional piping necessary to install the required testing
components would affect performance of the units, rendering the
results unrepresentative. See 84 FR 39286 (Aug. 9, 2019). In the
case of the waiver granted to Store It Cold, the refrigerant
enthalpy method yielded inaccurate data for the specified basic
models compared to the basic models' true performance
characteristics because of the additional piping required to attach
the testing components required by the refrigerant enthalpy test.
The same issues are present for the specified Single-Packaged basic
models included in Vinotheque's waiver petition.
---------------------------------------------------------------------------
DOE has received multiple requests from wine cellar manufacturers
for waiver and interim waiver from Appendix C. In light of these
requests, DOE met with both AHRI and the wine cellar walk-in
refrigeration system manufacturers to develop a consistent and
representative alternate test procedure that would be relevant to each
waiver request. Ultimately, AHRI sent a letter to DOE on August 18,
2020, summarizing the industry's position on several issues (``AHRI
August 2020 Letter'').\6\ This letter documents industry support for
specific wine cellar walk-in refrigeration system test procedure
requirements, allowing the provisions to apply only to refrigeration
systems with a minimum operating temperature of 45 [deg]F, since wine
cellar system controls and unit design specifications prevent these
walk-ins from reaching a temperature below 45 [deg]F. A provision for
testing walk-in wine cellar refrigeration systems at an external static
pressure (``ESP'') \7\ of 50 percent of the maximum ESP to be specified
by manufacturers for each basic model (``AHRI August 2020 Letter'') is
also included.
---------------------------------------------------------------------------
\6\ DOE's meetings with Vinotheque and other wine cellar
refrigeration systems were conducted consistent with the
Department's ex parte meeting guidance (74 FR 52795; October 14,
2009). The AHRI August 2020 letter memorializes this communication
and is provided in Docket No. EERE-2019-BT-WAV-0038-0005.
\7\ External static pressure is the sum of all the pressure
resisting the fans, in this case chiefly the resistance generated by
the air moving through ductwork.
---------------------------------------------------------------------------
Vinotheque's updated petition, docketed on December 11, 2020,
states that all basic models listed in the petition for waiver and
interim waiver have a minimum operating temperature of 45 [deg]F and
provides maximum ESP values for specified ducted single-packaged and
ducted matched-pair basic models.\8\ (Vinotheque, No. 6)
---------------------------------------------------------------------------
\8\ Vinotheque has stated that the maximum ESP values included
in its updated petition for waiver are confidential business
information. These values have been redacted from the publicly-
available petition and email correspondence.
---------------------------------------------------------------------------
Vinotheque 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).
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 products and equipment, including when demonstrating
compliance with applicable DOE energy conservation standards. Pursuant
to its regulations at 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.
Vinotheque seeks to use an approach that would test and rate
specific wine cellar walk-in refrigeration system basic models. The
company's suggested approach specifies using an air-return temperature
of 55 [deg]F, as opposed to the 35 [deg]F requirement prescribed in the
current DOE test procedure. Vinotheque also suggests using an air-
return relative humidity of 55 percent RH, as opposed to <50 percent
RH. Additionally, Vinotheque requests that a correction factor of 0.55
be applied to the final AWEF calculation to account for the different
use and load patterns of the specified basic models as compared to
walk-in cooler refrigeration systems generally. Vinotheque cited the
use of such a correction factor for coolers \9\ and combination cooler
refrigeration products under DOE's test procedure for miscellaneous
refrigeration products at 10 CFR part 430, subpart B, appendix A.
---------------------------------------------------------------------------
\9\ A cooler is a cabinet, used with one or more doors, that has
a source of refrigeration capable of operating on single-phase,
alternating current and is capable of maintaining compartment
temperatures either: (1) No lower than 39 [deg]F (3.9 [deg]C); or
(2) In a range that extends no lower than 37 [deg]F (2.8 [deg]C) but
at least as high as 60 [deg]F (15.6 [deg]C). 10 CFR 430.2.
---------------------------------------------------------------------------
IV. Interim Waiver Order
DOE has reviewed Vinotheque's application, its suggested testing
approach, representations of the specified basic models on the website
for the WhisperKOOL and CellarCool brands, related product catalogs,
and information provided by Vinotheque and other wine cellar walk-in
refrigeration system manufacturers in meetings with DOE. Based on this
review, DOE is granting an interim waiver that requires testing with a
modified version of the testing approach suggested by Vinotheque.
The modified testing approach would apply to the models specified
in Vinotheque's waiver petition that include two categories of WICF
refrigeration systems, i.e., single-packaged and matched-pair (split)
systems. The systems that are single-package are identified by a
``Single-Packaged'' heading in the waiver petition. All of the single-
package basic models are capable of some ducting; those that are
specifically identified in their basic model name as ``fully ducted''
are designed to be ducted on both the evaporator and condenser sides.
This enables the option of installing the unit cooler remotely by
circulating air through ducts from the wine cellar to the unit cooler
and back, and from the condenser to the outside (or another conditioned
space). The single-package basic models that are not identified in
their basic model name as ``fully ducted'' are designed for
installation through the wall or ceiling of the wine cellar, with
optional ducting connecting the condenser side of the unit to the
outside or another
[[Page 11965]]
conditioned space. The basic models that are identified by the
``Matched-Pair'' heading in the waiver petition are matched-pair
(split) systems, in which refrigerant circulates between the
``evaporator unit'' (unit cooler) portion of the unit and the
``condensing unit.'' The refrigerant cools the wine cellar air in the
evaporator unit, while the condensing unit rejects heat from the
refrigeration system in a remote location, often outside. The
evaporator unit of the ``Fully Ducted'' (Platinum 4000 Fully Ducted,
Platinum 8000 Fully Ducted, and Platinum Twin Fully Ducted) matched-
pair system basic models circulates air through ducts from the wine
cellar to the evaporator unit and back to provide cooling, while the
evaporator unit of the remaining matched-pair systems is installed
either partially or entirely in the wine cellar, allowing direct
cooling. The capacity range of the specified basic models is from 1,453
Btu/h to 12,530 Btu/h at the specified operating conditions for each of
the models (Vinotheque, No. 7).\10\
---------------------------------------------------------------------------
\10\ The specified operating conditions are 55 [deg]F cold-side
air entering conditions and 85 [deg]F warm-side air entering
temperature. WhisperKOOL and CellarCool specification sheets and
installation manuals do not specify a cold side relative humidity.
An example series of specified models with capacity information
based upon these conditions can be found in the Vinotheque owner's
manual at the associated docket number.
---------------------------------------------------------------------------
DOE considers the operating temperature range of the specified
basic models to be integral to its analysis of whether such models
require a test procedure waiver. Grant of the interim waiver and its
alternative test procedure to Vinotheque for the specified basic models
listed in the petition is based upon Vinotheque's representation that
the operating range for the basic models listed in the interim waiver
does not extend below 45 [deg]F.
The alternate test procedure specified in the Interim Waiver Order
requires testing the specified basic models according to Appendix C
with the following changes. The required alternate test procedure
specifies an air entering dry-bulb temperature of 55 [deg]F and a
relative humidity of 55 percent. The alternate test procedure also
specifies that the capacity measurement for the specified basic models
that are single-package systems (identified by the ``Single-Packaged''
heading in the basic models list) be conducted using a primary and a
secondary capacity measurement method as specified in AHRI 1250-2020,
using two of the following: The indoor air enthalpy method; the outdoor
air enthalpy method; the compressor calibration method; the indoor room
calorimeter method; the outdoor room calorimeter method; or the
balanced ambient room calorimeter method.
The required alternate test procedure also includes the following
additional modifications to Vinotheque's suggested approach: For
systems that can be installed with (1) ducted evaporator air, (2) with
or without ducted evaporator air, (3) ducted condenser air, or (4) with
or without ducted condenser air, testing would be conducted at 50
percent of the maximum ESP, consistent with the AHRI August 2020 Letter
recommendations, subject to a tolerance of -0.00/+0.05 in. wc.\11\ DOE
understands that maximum ESP is generally not published in available
literature such as installation instructions, but manufacturers do
generally specify the size and maximum length of ductwork that is
acceptable for any given unit in such literature. The duct
specifications determine what ESP would be imposed on the unit in field
operation.\12\ The provision of allowable duct dimensions is more
convenient for installers than maximum ESP, since it relieves the
installer from having to perform duct pressure drop calculations to
determine ESP. DOE independently calculated the maximum pressure drop
over a range of common duct roughness values \13\ using duct lengths
and diameters published in Vinotheque's installation manuals
(Vinotheque, No. 7).\14\ DOE's calculations show reasonable agreement
with the maximum ESP values provided by Vinotheque for the specified
basic models. Given that the number and degree of duct bends and duct
type will vary by installation, DOE found the maximum ESP values
provided by Vinotheque to be sufficiently representative.
---------------------------------------------------------------------------
\11\ Inches of water column (``in. wc'') is a unit of pressure
conventionally used for measurement of pressure differentials.
\12\ The duct material, length, diameter, shape, and
configuration are used to calculate the ESP generated in the duct,
along with the temperature and flow rate of the air passing through
the duct. The conditions during normal operation that result in a
maximum ESP are used to calculate the reported maximum ESP values,
which are dependent on individual unit design and represent
manufacturer-recommended installation and use.
\13\ Calculations were conducted over an absolute roughness
range of 1.0-4.6 mm for flexible duct as defined in pages 1-2 of an
OSTI Journal Article on pressure loss in flexible HVAC ducts at
https://www.osti.gov/servlets/purl/836654 (Docket No. EERE-2019-BT-
WAV-0038-0008) and available at https://www.regulations.gov.
\14\ A representative example of duct lengths and diameters can
be found in the Vinotheque owner's manual at the associated docket
number.
---------------------------------------------------------------------------
Selection of a representative ESP equal to half the maximum ESP is
based on the expectation that most installations will require less than
the maximum allowable duct length. In the absence of field data, DOE
expects that a range of duct lengths from the minimal length to the
maximum allowable length would be used; thus, DOE believes that half of
the maximum ESP would be representative of most installations. For
basic models with condensing or evaporator units that are not designed
for the ducting of air, this design characteristic must be clearly
stated.
Additionally, if there are multiple condenser or evaporator unit
fan speed settings, the speed setting used would be as instructed in
the unit's installation instructions. However, if the installation
instructions do not specify a fan speed setting for ducted
installation, systems that can be installed with ducts would be tested
with the highest available fan speed. The ESP would be set for testing
either by symmetrically restricting the outlet duct \15\ or, if using
the indoor air enthalpy method, by adjusting the airflow measurement
apparatus blower.
---------------------------------------------------------------------------
\15\ This approach is used for testing of furnace fans, as
described in Section 8.6.1.1 of 10 CFR part 430, appendix AA to
subpart B.
---------------------------------------------------------------------------
The alternate test procedure also describes the requirements for
measurement of ESP consistent with provisions provided in AHRI 1250-
2020 when using the indoor air enthalpy method with unit coolers.
According to Vinotheque's petition, the specified walk-in
refrigeration system basic models that are matched-pair systems are
sold as full systems (i.e., split systems) rather than as individual
unit cooler and condensing unit components. This Interim Waiver Order
provides no direction regarding refrigerant line connection operating
conditions, and as such is inapplicable to testing the basic models as
individual components. Consequently, the Interim Waiver Order addresses
only matched-pair testing of the specified basic models that are split-
systems.
DOE notes that, despite the request from Vinotheque, it is not
including a 0.55 correction factor in the alternate test procedure
required by the Interim Waiver Order. In its petition for waiver,
Vinotheque observed that the test procedure in appendix A to subpart B
of 10 CFR part 430 (``Appendix A'') includes such a factor to account
for the difference in use and loading patterns of coolers (e.g.,
single-packaged wine chiller cabinets) as compared to other residential
refrigeration products and sought to include a factor as part of its
petition. Coolers, like other residential refrigeration products, are
tested in a 90 [deg]F room without door openings (section 2.1.1 of
Appendix A). The
[[Page 11966]]
intent of the energy test procedure for residential refrigeration
products is to simulate operation in typical room conditions (72
[deg]F) with door openings by testing at 90 [deg]F ambient temperature
without door openings. 10 CFR 430.23(ff)(7). In section 5.2.1.1 of
Appendix A, a correction factor of 0.55 is applied to the measured
energy consumption of coolers so that measuring energy consumption at
90 [deg]F ambient temperature without door openings provides test
results that are representative of consumer usage at 72 [deg]F ambient
temperature with door openings. Specifically, the 0.55 correction
factor reflects that (1) closed-door operation of single-packaged
coolers in typical 72 [deg]F room conditions results in an average
energy consumption 0.46 times the value measured at the 90 [deg]F
ambient temperature specified by the test procedure; and (2) expected
door openings of a single-packaged wine chiller would add an additional
20% thermal load. Multiplying 0.46 by 1.2 results in the overall
correction factor of 0.55. See 81 FR 46768, 46782 (July 18, 2016)
(final rule for miscellaneous refrigeration products).
In contrast, these same closed-door conditions on which the
miscellaneous refrigeration correction factor is based are not present
in the test procedure for walk-in cooler refrigeration systems. The
WICF test procedure does not provide for closed-door testing at
elevated ambient temperatures as the test procedure for residential
refrigeration products does because walk-ins are tested and rated by
component, with a walk-in refrigeration system tested and rated
separately from a walk-in enclosure (panels and doors). See 76 FR
21580. Walk-in refrigeration load is set by using a representative
ratio of box load to capacity (see discussion below). As a result,
applying the 0.55 correction factor as suggested by Vinotheque is not
appropriate for the specified basic models.
While not specifically addressed in the request for waiver
submitted by Vinotheque, waivers submitted by other manufacturers have
suggested that the 0.55 correction factor also addresses the
differences in run time and compressor inefficiency of wine cellar
refrigeration systems as compared to walk-in cooler refrigeration
systems more generally and have suggested that the run time for wine
cellar walk-in refrigeration systems ranges from 50 to 75 percent. AHRI
1250-2009 accounts for percent run time in the AWEF calculation by
setting walk-in box load equal to specific fractions of refrigeration
system net capacity--the fractions are defined based on whether the
refrigeration system is for cooler or freezer applications, and whether
it is designed for indoor or outdoor installation (see sections 6.2
(applicable to coolers) and 6.3 (applicable to freezers) of AHRI 1250-
2009). The alternate test procedure provided by this interim waiver
requires calculating AWEF based on setting the walk-in box load equal
to half of the refrigeration system net capacity, without variation
according to high and low load periods and without variation with
outdoor air temperature for outdoor refrigeration systems. Setting the
walk-in box load equal to half the refrigeration system net capacity
results in a refrigeration system run time fraction slightly above 50
percent. As previously discussed, walk-in energy consumption is
determined by component, with separate test procedures for walk-in
refrigeration systems, doors, and panels. Section 6 of AHRI 1250-2009
provides equations for determining refrigeration box load as a function
of refrigeration system capacity. Using these equations with an assumed
load factor of 50 percent maintains consistency with Appendix C while
providing an appropriate load fraction for wine cellar refrigeration
systems. Accordingly, DOE has declined to adopt a correction factor for
the equipment at issue.
Based on DOE's review of Vinotheque's petition, the required
alternate test procedure laid out in the Interim Waiver Order appears
to allow for the accurate measurement of energy efficiency of the
specified basic models, while alleviating the testing issues associated
with Vinotheque's implementation of wine cellar walk-in refrigeration
system testing for these basic models. Consequently, DOE has determined
that Vinotheque's petition for waiver will likely be granted.
Furthermore, DOE has determined that it is desirable for public policy
reasons to grant Vinotheque immediate relief pending a determination of
the petition for waiver.
For the reasons stated, it is ordered that:
(1) Vinotheque must test and rate the following single-packaged and
matched-pair WhisperKOOL- and CellarCool-branded wine cellar walk-in
refrigeration system basic models with the alternate test procedure set
forth in paragraph (2).
------------------------------------------------------------------------
Basic model Brand name
------------------------------------------------------------------------
Single-Packaged
------------------------------------------------------------------------
SC Pro 2000............................ WhisperKOOL.
SC Pro 3000............................ WhisperKOOL.
SC Pro 4000............................ WhisperKOOL.
SC Pro 8000............................ WhisperKOOL.
Extreme 3500 ti........................ WhisperKOOL.
Extreme 5000 ti........................ WhisperKOOL
Extreme 8000 ti........................ WhisperKOOL.
Extreme 3500 tiR....................... WhisperKOOL.
Extreme 5000 tiR....................... WhisperKOOL.
Extreme 8000 tiR....................... WhisperKOOL.
Extreme 3500 tiR Fully Ducted.......... WhisperKOOL.
Extreme 5000 tiR Fully Ducted.......... WhisperKOOL.
Extreme 8000 tiR Fully Ducted.......... WhisperKOOL.
Phantom 3500........................... WhisperKOOL.
Phantom 5000........................... WhisperKOOL.
Phantom 8000........................... WhisperKOOL.
Slimline LS............................ WhisperKOOL.
Optimum 2200........................... CellarCool.
Optimum 3300........................... CellarCool.
Optimum 4400........................... CellarCool.
Optimum 8800........................... CellarCool.
CX2200................................. CellarCool.
CX3300................................. CellarCool
CX4400................................. CellarCool.
CX8800................................. CellarCool.
SL2500................................. CellarCool.
Ultimate 3300.......................... CellarCool.
Ultimate 4400.......................... CellarCool.
Ultimate 8800.......................... CellarCool.
Ultimate 3300-R........................ CellarCool
Ultimate 4400-R........................ CellarCool.
Ultimate 8800-R........................ CellarCool.
Ultimate FD 3300....................... CellarCool.
Ultimate FD 4400....................... CellarCool.
Ultimate FD 8800....................... CellarCool.
Ultimate PLUS Fully Ducted 3300........ CellarCool.
Ultimate PLUS Fully Ducted 4400........ CellarCool.
Ultimate PLUS Fully Ducted 8800........ CellarCool.
------------------------------------------------------------------------
Matched-Pair
------------------------------------------------------------------------
Platinum Mini.......................... WhisperKOOL.
Platinum 4000.......................... WhisperKOOL.
Platinum 8000.......................... WhisperKOOL.
Platinum Twin.......................... WhisperKOOL.
Platinum 4000 Fully Ducted............. WhisperKOOL.
Platinum 8000 Fully Ducted............. WhisperKOOL.
Platinum Twin Fully Ducted............. WhisperKOOL.
Platinum 4000 Ducted................... WhisperKOOL.
Platinum 8000 Ducted................... WhisperKOOL.
Platinum Twin Ducted................... WhisperKOOL.
Ceiling Mount Mini..................... WhisperKOOL.
Ceiling Mount 4000..................... WhisperKOOL.
Ceiling Mount 8000..................... WhisperKOOL.
Ceiling Mount Twin..................... WhisperKOOL.
Quantum 9000........................... WhisperKOOL.
Quantum 12000.......................... WhisperKOOL.
Magnum 9000............................ CellarCool.
Magnum 12000........................... CellarCool.
CM2500-S............................... CellarCool.
CM3500-S............................... CellarCool.
CM5000-S............................... CellarCool.
CM9000 Twin Split...................... CellarCool.
WM2500-S............................... CellarCool.
WM3500-S............................... CellarCool.
WM5000-S............................... CellarCool.
WM9000 Twin-S.......................... CellarCool.
FD3500-S............................... CellarCool.
FD5000-S............................... CellarCool.
FD9000 Twin-S.......................... CellarCool.
------------------------------------------------------------------------
(2) The alternate test procedure for the Vinotheque basic models
identified in paragraph (1) of this Interim Waiver Order is the test
procedure for Walk-in Cooler Refrigeration Systems prescribed by DOE at
10 CFR part 431, subpart R, appendix C (``Appendix C to Subpart R''),
except as detailed below. All other requirements of Appendix C to
Subpart R, and DOE's regulations remain applicable.
[[Page 11967]]
In Appendix C to Subpart R, revise section 3.1.1 (which specifies
modifications to AHRI 1250-2009 (incorporated by reference; see Sec.
431.303)) to read:
3.1.1. In Table 1, Instrumentation Accuracy, refrigerant
temperature measurements shall have an accuracy of 0.5
[deg]F for unit cooler in/out. Measurements used to determine
temperature or water vapor content of the air (i.e., wet bulb or dew
point) shall be accurate to within 0.25 [deg]F; all other
temperature measurements shall be accurate to within 1.0
[deg]F.
In Appendix C to Subpart R, revise section 3.1.4 (which specifies
modifications to AHRI 1250-2009) and add modifications of AHRI 1250-
2009 Tables 3 and 4 to read:
3.1.4. In Tables 3 and 4 of AHRI 1250-2009, Section 5, the
Condenser Air Entering Wet-Bulb Temperature requirement applies only to
single-packaged dedicated systems. Tables 3 and 4 shall be modified to
read:
Table 3--Fixed Capacity Matched Refrigerator System and Single-Packaged Dedicated System, Condensing Unit Located Indoor
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit cooler
Unit cooler air entering Condenser air Maximum
Test description air entering relative entering dry- condenser air Compressor status Test objective
dry-bulb, humidity, % bulb, [deg]F entering wet-
[deg]F \1\ bulb, [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Evaporator Fan Power............... 55 55 .............. .............. ........................... Measure fan input
wattage.\2\
Refrigeration Capacity............. 55 55 90 \3\ 65 Compressor On.............. Determine Net
Refrigeration
Capacity of Unit
Cooler, input power,
and EER at Rating
Condition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative
humidity is 3%.
\2\ Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the
evaporator fan.
\3\ Maximum allowable value for Single-Packaged Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is
located in the outdoor room.
Table 4--Fixed Capacity Matched Refrigerator System and Single-Packaged Dedicated System, Condensing Unit Located Outdoor
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit cooler
Unit cooler air entering Condenser air Maximum
Test description air entering relative entering dry- condenser air Compressor status Test objective
dry-bulb, humidity, % bulb, [deg]F entering wet-
[deg]F \1\ bulb, [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Evaporator Fan Power............... 55 55 .............. .............. ........................... Measure fan input
wattage.\2\
Refrigeration Capacity A........... 55 55 95 \3\ 68 Compressor On.............. Determine Net
Refrigeration
Capacity of Unit
Cooler, input power,
and EER at Rating
Condition.
Refrigeration Capacity B........... 55 55 59 \3\ 46 Compressor On.............. Determine Net
Refrigeration
Capacity of Unit
Cooler and system
input power at
moderate condition.
Refrigeration Capacity C........... 55 55 35 \3\ 29 Compressor On.............. Determine Net
Refrigeration
Capacity of Unit
Cooler and system
input power at cold
condition.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative
humidity is 3%.
\2\ Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the
evaporator fan.
\3\ Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part of the
equipment is located in the outdoor room.
In Appendix C to Subpart R, following section 3.2.5 (instructions
regarding modifications to AHRI 1250-2009), add sections 3.2.6 and
3.2.7 to read:
3.2.6 The purpose in section C1 of appendix C is modified by
extending it to include Single-Packaged Dedicated Systems.
3.2.7 For general test conditions and data recording (appendix C,
section C7), the test acceptance criteria in Table 2 and the data to be
recorded in Table C2 apply to the Dual Instrumentation and Calibrated
Box methods of test.
In Appendix C to Subpart R, revise section 3.3 to read:
3.3. Matched systems, single-packaged dedicated systems, and unit
coolers tested alone: Test any split system wine cellar walk-in
refrigeration system as a matched pair. Any condensing unit or unit
cooler component must be matched with a corresponding counterpart for
testing. Use the test method in AHRI 1250-2009 (incorporated by
reference; see Sec. 431.303), appendix C as the method of test for
matched refrigeration systems, single-packaged dedicated systems, or
unit coolers tested alone, with the following modifications:
* * * * *
In Appendix C to Subpart R, revise sections 3.3.3 through 3.3.3.2
to read:
3.3.3 Evaporator fan power.
3.3.3.1 The unit cooler fan power consumption shall be measured in
accordance with the requirements in Section C3.5 of AHRI 1250-2009.
This measurement shall be made with the fan operating at full speed,
either measuring unit cooler or total system power input upon the
completion of the steady state test when the compressors and condenser
fan of the walk-in system is turned off, or by submetered measurement
of the evaporator fan power during the steady state test.
Section C3.5 of AHRI 1250-2009 is revised to read:
Unit Cooler Fan Power Measurement. The following shall be measured
and recorded during a fan power test.
EFcomp,on.......................... Total electrical power input to fan
motor(s) of Unit Cooler, W.
FS................................. Fan speed (s), rpm.
N.................................. Number of motors.
Pb................................. Barometric pressure, in. Hg.
[[Page 11968]]
Tdb................................ Dry-bulb temperature of air at
inlet, [deg]F.
Twb................................ Wet-bulb temperature of air at
inlet, [deg]F.
V.................................. Voltage of each phase, V.
For a given motor winding configuration, the total power input
shall be measured at the highest nameplated voltage. For three-phase
power, voltage imbalance shall be no more than 2%.
3.3.3.2 Evaporator fan power for the off-cycle is equal to the on-
cycle evaporator fan power with a run time of ten percent of the off-
cycle time.
EFcomp,off = 0.1 x EFcomp,on
In Appendix C to Subpart R, following section 3.3.7.2, add new
sections 3.3.8, 3.3.9, and 3.3.10 to read:
3.3.8. Measure power and capacity of single-packaged dedicated
systems as described in sections C4.1.2 and C9 of AHRI 1250-2020. The
third and fourth sentences of Section C9.1.1.1 of AHRI 1250-2020
(``Entering air is to be sufficiently dry as to not produce frost on
the Unit Cooler coil. Therefore, only sensible capacity measured by dry
bulb change shall be used to calculate capacity.'') shall not apply.
3.3.9. For systems with ducted evaporator air, or that can be
installed with or without ducted evaporator air: Connect ductwork on
both the inlet and outlet connections and determine external static
pressure as described in ASHRAE 37-2009, sections 6.4 and 6.5. Use
pressure measurement instrumentation as described in ASHRAE 37-2009
section 5.3.2. Test at the fan speed specified in manufacturer
installation instructions--if there is more than one fan speed setting
and the installation instructions do not specify which speed to use,
test at the highest speed. Conduct tests with the external static
pressure equal to 50 percent of the maximum external static pressure
allowed by the manufacturer for system installation within a tolerance
of -0.00/+0.05 in. wc. If testing with the indoor air enthalpy method,
adjust the airflow measurement apparatus fan to set the external static
pressure--otherwise, set the external static pressure by symmetrically
restricting the outlet of the test duct. In case of conflict, these
requirements for setting evaporator airflow take precedence over
airflow values specified in manufacturer installation instructions or
product literature.
3.3.10. For systems with ducted condenser air, or that can be
installed with or without ducted condenser air: Connect ductwork on
both the inlet and outlet connections and determine external static
pressure as described in ASHRAE 37-2009, sections 6.4 and 6.5. Use
pressure measurement instrumentation as described in ASHRAE 37-2009,
section 5.3.2. Test at the fan speed specified in manufacturer
installation instructions--if there is more than one fan speed setting
and the installation instructions do not specify which speed to use,
test at the highest speed. Conduct tests with the external static
pressure equal to 50 percent of the maximum external static pressure
allowed by the manufacturer for system installation within a tolerance
of -0.00/+0.05 in. wc. If testing with the outdoor enthalpy method,
adjust the airflow measurement apparatus fan to set the external static
pressure--otherwise, set the external static pressure by symmetrically
restricting the outlet of the test duct. In case of conflict, these
requirements for setting condenser airflow take precedence over airflow
values specified in manufacturer installation instructions or product
literature. If testing using the outdoor air enthalpy method, the
requirements of section 8.6 of ASHRAE 37-2009 are not applicable.
In Appendix C to Subpart R, revise section 3.3.6 (which specifies
modifications to AHRI 1250-2009) to read:
3.3.6. AWEF is calculated on the basis that walk-in box load is
equal to half of the system net capacity, without variation according
to high and low load periods and without variation with outdoor air
temperature for outdoor refrigeration systems, and the test must be
done as a matched or single-package refrigeration system, as follows:
For Indoor Condensing Units:
[[Page 11969]]
[GRAPHIC] [TIFF OMITTED] TN01MR21.012
(3) Representations. Vinotheque may not make representations about
the efficiency of a basic model listed in paragraph (1) of this Interim
Waiver Order 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 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 Vinotheque are valid. If
Vinotheque 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
Vinotheque 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 a basic model's true energy consumption
characteristics. 10 CFR 431.401(k)(1). Likewise, Vinotheque may request
that DOE rescind or modify the Interim Waiver Order if Vinotheque
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
Vinotheque from the certification requirements set forth at 10 CFR part
429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. Vinotheque 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 Cooler
Refrigeration Systems. Alternatively, if appropriate, Vinotheque 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 February
23, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant
Secretary and Acting Assistant Secretary for Energy Efficiency and
Renewable Energy, pursuant to delegated authority from the Acting
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
[[Page 11970]]
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 February 24, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Appendix 1
Petition for Waiver and Interim Waiver
Vinotheque Wine Cellars DBA WhisperKOOL Corp. DBA CellarCool is
requesting for Interim Waiver from a DOE test procedure pursuant to
provisions described in 10 CFR 431.401 for the following products on
the grounds that ``either the basic model contains one or more
design characteristics that prevent testing of the basic model
according to the prescribed test procedures or 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.''
[Product images provided with petition may be found at Docket No.
EERE-2019-BT-WAV-0038-0006 and at https://www.regulations.gov]
The Design Characteristics Constituting the Grounds for the Interim
Waiver Application
AHRI 1250-2009 is silent on the definition of single packaged
and matched pair refrigeration systems, however, as seen in Section
3.12 of the public comment version of soon to be published revision
of AHRI 1250, these types of products are defined as follows:
3.12 Refrigeration System. The mechanism (including all controls
and other components integral to the system's operation) used to
create the refrigerated environment in the interior of a walk-in
cooler or walk-in freezer, consisting of:
A Dedicated Condensing Unit; or A Unit Cooler.
3.12.1 Matched Refrigeration System (Matched-pair). A
combination of a Dedicated Condensing Unit and one or more Unit
Coolers specified by the Dedicated Condensing Unit manufacturer
which are all distributed in commerce together. Single-Packaged
Dedicated Systems are a subset of Matched Refrigeration Systems.
3.12.2 Single-packaged Refrigeration System (Single-packaged). A
Matched Refrigeration System that is a Single-packaged assembly that
includes one or more compressors, a condenser, a means for forced
circulation of refrigerated air, and elements by which heat is
transferred from air to refrigerant, without any element external to
the system imposing resistance to flow of the refrigerated air.
Self-Contained Cooling Systems for Walk-In Wine Cellars (Refer to
Single-Packaged Walk-In Cooler Refrigeration Systems in AHRI 1250)
Self-contained cooling systems are designed to provide
cold environment between 45~65 [deg]F and maintain relative humidity
within the range of 50~70% for properly insulated and sized wine
cellars.
These temperature and relative humidity ranges are
optimized for long term storage of wine like that in natural caves.
These cooling systems are all-in-one ready for use and
no more refrigerant piping is required in the field.
These cooling systems are factory-built, critically
charged and tested, and only require through-the-wall installation
on walk-in wine cellars in the field.
These systems are available as indoor or outdoor uses
with automatic off-cycle air defrost.
Wine cellars are usually located in air-conditioned
spaces.
Split Cooling Systems for Walk-In Wine Cellars (Refer to Matched-Pair
Walk-In Cooler Refrigeration Systems in AHRI 1250)
Split cooling systems are designed to provide cold
environment between 45~65 [deg]F and maintain relative humidity
range within 50~70% for properly insulated wine cellars.
These temperature and relative humidity ranges are
optimized for long term storage of wine like that in natural caves.
These cooling systems consist of a remote condensing
unit and an evaporator unit, which are connected by a liquid line
and an insulated suction line.
These systems must be charged properly with refrigerant
in the field.
These systems are available as indoor or outdoor uses
with automatic off-cycle air defrost.
Wine cellars are usually located in air-conditioned
spaces.
As opposed to utilize large compressors, large surface
area coils, multiple fans, and large volumes of refrigerant, these
systems employ fractional compressors and automatic expansion valves
to maintain 50~70% relative humidity.
DOE uniform test method for the measurement of energy
consumption of walk-in coolers and walk-in freezers (WICF) described
in 10 CFR 431.304 adopts the test standard set forth in AHRI 1250-
2009. Both 10 CFR part 431 and AHRI 1250 define WICF products as ``.
. . an enclosed storage space refrigerated to temperatures,
respectively, above, and at or below 32 degrees Fahrenheit that can
be walked into, and has a total chilled storage area of less than
3,000 square feet . . .'' Walk-in wine cellar cooling systems meet
this definition. Therefore, WICF products are subject to the test
method and minimum energy requirements as described in 10 CFR
431.401.
AHRI 1250 specifies that for walk-in coolers, the refrigeration
system is to be rated at a cooler air-return temperature of 35
[deg]F (box setpoint) than is typically seen in a wine cellar
application. Operating a wine cellar at this condition would
adversely mechanically alter the intended performance of the system
including icing of the evaporator coil, potential damage to the
compressor, and will not result in an accurate representation of the
performance of the cooling unit. Wine cellars generally are kept at
55 [deg]F, with 55% relative humidity.
The calculation of the Annual Walk-in Energy Factor (AWEF) found
in AHRI 1250 accounts for typical usage of WICF products with high
and low load periods. Wine cellars see a constant load, no highs or
lows, that does not resemble the use patterns that are
representative of typical WICF products.
Therefore, the AWEF calculation described in 10 CFR 431.304 and
AHRI 1250 does not match the applications of wine cellar cooling
systems.
The compressors used in wine cellar cooling systems are
predominately fractional horsepower, which are inherently less
efficient than larger compressors used in walk-in cooler
refrigeration systems.
Therefore, we do not believe there is technology on the market
that will provide the needed energy efficiency in wine cellar
cooling systems to meet the minimum AWEF value for commercial walk-
in cooler refrigeration systems set forth in 10 CFR 431.306.
The prescribed test procedure is unrepresentative of the
products' true energy characteristics.
One or more design characteristics that prevent testing of the
basic model according to the prescribed test procedures or cause the
prescribed test procedures to evaluate the basic model in a manner
so unrepresentative of its true energy or water consumption
characteristics as to provide materially inaccurate comparative
data.
Basic Models on which the Interim Waiver is being requested: All
models listed cannot operate at box temperature below 45 \0\F. Due
to controller set point limitations, the operating range is set from
70 \0\F to 50 \0\F.
------------------------------------------------------------------------
Basic model Brand name
------------------------------------------------------------------------
Single-Packaged
------------------------------------------------------------------------
SC Pro 2000............................ WhisperKOOL.
SC Pro 3000............................ WhisperKOOL.
SC Pro 4000............................ WhisperKOOL.
SC Pro 8000............................ WhisperKOOL.
Extreme 3500 ti........................ WhisperKOOL.
Extreme 5000 ti........................ WhisperKOOL.
Extreme 8000 ti........................ WhisperKOOL.
Extreme 3500 tiR....................... WhisperKOOL.
Extreme 5000 tiR....................... WhisperKOOL.
Extreme 8000 tiR....................... WhisperKOOL.
Extreme 3500 tiR Fully Ducted.......... WhisperKOOL.
Extreme 5000 tiR Fully Ducted.......... WhisperKOOL.
Extreme 8000 tiR Fully Ducted.......... WhisperKOOL.
Phantom 3500........................... WhisperKOOL.
Phantom 5000........................... WhisperKOOL.
Phantom 8000........................... WhisperKOOL.
Slimline LS............................ WhisperKOOL.
Optimum 2200........................... CellarCool.
Optimum 3300........................... CellarCool.
Optimum 4400........................... CellarCool.
Optimum 8800........................... CellarCool.
CX2200................................. CellarCool.
CX3300................................. CellarCool.
CX4400................................. CellarCool.
CX8800................................. CellarCool.
SL2500 \16\............................ CellarCool.
Ultimate 3300.......................... CellarCool.
Ultimate 4400.......................... CellarCool.
Ultimate 8800.......................... CellarCool.
Ultimate 3300-R........................ CellarCool.
Ultimate 4400-R........................ CellarCool.
[[Page 11971]]
Ultimate 8800-R........................ CellarCool.
Ultimate FD 3300....................... CellarCool.
Ultimate FD 4400....................... CellarCool.
Ultimate FD 8800....................... CellarCool.
Ultimate PLUS Fully Ducted 3300........ CellarCool.
Ultimate PLUS Fully Ducted 4400........ CellarCool.
Ultimate PLUS Fully Ducted 8800........ CellarCool.
------------------------------------------------------------------------
Matched-Pair
------------------------------------------------------------------------
Platinum Mini.......................... WhisperKOOL.
Platinum 4000.......................... WhisperKOOL.
Platinum 8000.......................... WhisperKOOL.
Platinum Twin.......................... WhisperKOOL.
Platinum 4000 Fully Ducted............. WhisperKOOL.
Platinum 8000 Fully Ducted............. WhisperKOOL.
Platinum Twin Fully Ducted............. WhisperKOOL.
Platinum 4000 Ducted................... WhisperKOOL.
Platinum 8000 Ducted................... WhisperKOOL.
Platinum Twin Ducted................... WhisperKOOL.
Ceiling Mount Mini..................... WhisperKOOL.
Ceiling Mount 4000..................... WhisperKOOL.
Ceiling Mount 8000..................... WhisperKOOL.
Ceiling Mount Twin..................... WhisperKOOL.
Quantum 9000........................... WhisperKOOL.
Quantum 12000.......................... WhisperKOOL.
Magnum 9000............................ CellarCool.
Magnum 12000........................... CellarCool.
CM2500-S............................... CellarCool.
CM3500-S............................... CellarCool.
CM5000-S............................... CellarCool.
CM9000 Twin Split...................... CellarCool.
WM2500-S............................... CellarCool.
WM3500-S............................... CellarCool.
WM5000-S............................... CellarCool.
WM9000 Twin-S.......................... CellarCool.
FD3500-S............................... CellarCool.
FD5000-S............................... CellarCool.
FD9000 Twin-S.......................... CellarCool.
------------------------------------------------------------------------
Maximum External Static Pressure (ESP) for Each Basic Model
------------------------------------------------------------------------
ESP (in
Basic model Brand name H2O)
------------------------------------------------------------------------
Single-Packaged
------------------------------------------------------------------------
SC Pro 2000......................... WhisperKOOL............ .........
SC Pro 3000......................... WhisperKOOL............ .........
SC Pro 4000......................... WhisperKOOL............ .........
SC Pro 8000......................... WhisperKOOL............ .........
Extreme 3500 ti..................... WhisperKOOL............ .........
Extreme 5000 ti..................... WhisperKOOL............ .........
Extreme 8000 ti..................... WhisperKOOL............ .........
Extreme 3500 tiR.................... WhisperKOOL............ .........
Extreme 5000 tiR.................... WhisperKOOL............ .........
Extreme 8000 tiR.................... WhisperKOOL............ .........
Extreme 3500 tiR Fully Ducted....... WhisperKOOL............ .........
Extreme 5000 tiR Fully Ducted....... WhisperKOOL............ .........
Extreme 8000 tiR Fully Ducted....... WhisperKOOL............ .........
Phantom 3500........................ WhisperKOOL............ .........
Phantom 5000........................ WhisperKOOL............ .........
Phantom 8000........................ WhisperKOOL............ .........
Slimline LS......................... WhisperKOOL............ .........
Optimum Series 2200................. CellarCool............. .........
Optimum 3300........................ CellarCool............. .........
Optimum 4400........................ CellarCool............. .........
Optimum 8800........................ CellarCool............. .........
CX2200.............................. CellarCool............. .........
CX3300.............................. CellarCool............. .........
CX4400.............................. CellarCool............. .........
CX8800.............................. CellarCool............. .........
SL.................................. CellarCool............. .........
Ultimate 3300....................... CellarCool............. .........
Ultimate 4400....................... CellarCool............. .........
Ultimate 8800....................... CellarCool............. .........
Ultimate 3300-R..................... CellarCool............. .........
Ultimate 4400-R..................... CellarCool............. .........
Ultimate 8800-R..................... CellarCool............. .........
Ultimate FD 3300.................... CellarCool............. .........
Ultimate FD 4400.................... CellarCool............. .........
Ultimate FD 8800.................... CellarCool............. .........
Ultimate PLUS Fully Ducted 3300..... CellarCool............. .........
Ultimate PLUS Fully Ducted 4400..... CellarCool............. .........
Ultimate PLUS Fully Ducted 8800..... CellarCool............. .........
Matched-Pair \17\
------------------------------------------------------------------------
Platinum Mini....................... WhisperKOOL............ .........
Platinum 4000....................... WhisperKOOL............ .........
Platinum 8000....................... WhisperKOOL............ .........
Platinum Twin....................... WhisperKOOL............ .........
Platinum 4000 Fully Ducted.......... WhisperKOOL............ .........
Platinum 8000 Fully Ducted.......... WhisperKOOL............ .........
Platinum Twin Fully Ducted.......... WhisperKOOL............ .........
Platinum 8000 Ducted................ WhisperKOOL............ .........
Platinum Twin Ducted................ WhisperKOOL............ .........
Ceiling Mount Mini.................. WhisperKOOL............ .........
Ceiling Mount 4000.................. WhisperKOOL............ .........
Ceiling Mount 8000.................. WhisperKOOL............ .........
Ceiling Mount Twin.................. WhisperKOOL............ .........
Quantum 9000........................ WhisperKOOL............ .........
Quantum 12000....................... WhisperKOOL............ .........
Magnum 9000......................... CellarCool............. .........
Magnum 12000........................ CellarCool............. .........
CM2500-S............................ CellarCool............. .........
CM3500-S............................ CellarCool............. .........
CM5000-S............................ CellarCool............. .........
CM9000 Twin Split-S................. CellarCool............. .........
WM2500-S............................ CellarCool............. .........
WM3500-S............................ CellarCool............. .........
WM5000-S............................ CellarCool............. .........
WM9000 Twin-S....................... CellarCool............. .........
FD3500-S............................ CellarCool............. .........
FD5000-S............................ CellarCool............. .........
FD9000 Twin-S....................... CellarCool............. .........
------------------------------------------------------------------------
Specific Requirements Sought To Be Waived
---------------------------------------------------------------------------
\16\ As indicated in Vinotheque's email (EERE-2019-BT-WAV-0038-
0009), in the Single-Packaged table in the ``Maximum External Static
Pressure (ESP) for Each Basic Model'' section of the petition, the
``SL'' basic model is the same as the ``SL2500 basic model listed
here.
\17\ As indicated in Vinotheque's email (EERE-2019-BT-WAV-0038-
0009), the ``Platinum 4000 Ducted'' basic model is not included in
the Matched-Pair table in the ``Maximum External Static Pressure
(ESP) for Each Basic Model'' section of the petition, but it is a
ducted unit that has an external static pressure identified by
Vinotheque in the email, and redacted accordingly.
---------------------------------------------------------------------------
Petitioning for a waiver to exempt wine cellar walk-in cooler
systems from being tested to the current test procedures,
specifically the requirement for the refrigeration system to be
rated at an air-return temperature of 35 [deg]F.
The petition also includes a correction factor of 0.55 to be
applied to final AWEF calculations for wine cellar products to allow
the unit to pass minimum efficiency as delineated by 10 CFR 431
Subpart R. There is precedent for wine cooling products receiving a
correction factor of 0.55 from Appendix A to Subpart B of 10 CFR 430
and DOE Direct Final Rule EERE-2011-BT-STD-0043-0122.
List of manufacturers of all other basic models marketing in the
United States and known to the petitioner to incorporate similar
design characteristics--
11. Vinotheque
21. Bacchus
31. BreezAire
41. CellarPro
51. Vinotemp
61. WhisperKool
71. Emerson-Copeland (Stand alone condensing units for split
systems)
81. Danfoss (Stand alone condensing units for split systems)
91. Tecumseh (Stand alone condensing units for split systems)
Proposed Alternate Test Procedure
AHRI 1250 test procedure will be followed, but with the
following modifications:
1. Temperature of the air returning to the walk-in cooling unit
shall be 55 [deg]F.
2. Relative humidity of the air returning to the walk-in cooling
unit shall be 55%RH.
3. The AWEF calculations shall include a correction factor of
0.55 to inflate the final AWEF value for wine-related products to
meet minimum efficiency standards.
Technical Justifications for the Alternate Test Procedure
1. The request to change box setpoint from 35 [deg]F to 55
[deg]F is since this is the optimal temperature for wine to be aged.
WhisperKOOL designs cooling units to meet this condition and
operating at a lower box setpoint would result in adverse conditions
in the unit. For example, at such a low return temperature,
WhisperKOOL evaporator coils will ice over. This would then require
additional energy to be expended to operate a defrost system or
would result in adverse air flow through the coil during performance
testing--leading to lower overall performance.
2. The same as above can be said with regards to the request to
change the box humidity setpoint to 55%RH. This condition is ideal
for helping wine to age as it maintains cork moisture and prevents
damage to labels on the bottles, leading to damaged investments.
Since WhisperKOOL cooling units are designed to age fine wines as
ideally as possible, the unit will perform best during a performance
test at the conditions which the unit attempts to maintain for the
end-user.
3. Furthermore, WhisperKOOL is requesting a 0.55 correction
factor to be applied to all cooling units in order to meet minimum
energy efficiency requirements. In addition to there being precedent
for a correction factor like this, WhisperKOOL is unable to achieve
the required energy efficiency for a few reasons, most being related
to the availability of technology and nuances specific to the wine
cellar cooling industry.
[[Page 11972]]
a. First and foremost, due to the size of a refrigeration system
designed for a wine cellar, WhisperKOOL uses fractional-horsepower
reciprocating compressors, which are fundamentally more limited in
space and design, and are inherently less efficient than larger
compressors. For example, WhisperKOOL's most-sold cooling unit uses
an Embraco-brand compressor which, at wine cellar conditions has an
EER of about 9.85 BTU/Wh. At the same conditions, by comparison, a
more-modern scroll compressor rated at 1.8 HP has an EER closer to
11 BTU/Wh. This is the case across the board with WhisperKOOL
fractional-horsepower compressors (Embraco brand).
b. Additionally, some installs are difficult and require the use
of a duct-able unit. This leads to the need for higher-wattage fans
being used in WhisperKOOL products, further to the detriment of the
overall energy efficiency.
c. Some of the most efficient modern compressors which operate
in the fractional- horsepower range use R290 as the refrigerant
(Propane). However, an R290 charging station retrofit would be
excessively invasive to WhisperKOOL's facility as well as too costly
to redesign all products in such a manner.
Success of the Application for Interim Waiver Will
Success of the application for Interim Waiver will ensure that
manufacturers of walk-in wine cellar cooling systems can continue to
participate in the market.
What Economic Hardship and/or Competitive Disadvantage is Likely To
Result Absent a Favorable Determination on the Application for Interim
Waiver
Economic hardship will be loss of sales due to not meeting the
DOE energy conservation standards set forth in 10 CFR 431.306 if the
existing products were altered in order to test per current
requirements set forth in 10 CFR 431.304 and AHRI 1250, it would add
significant cost and increase energy consumption.
Conclusion
WhisperKOOL seeks an Interim Waiver from DOE's current test
method for the measurement of energy consumption of walk-in wine
cellar Self-contained and Split cooling systems.
Signed By:/s/ MChristian Bromme
Date: 12/1/2020
Title: Engineering Manager
[FR Doc. 2021-04112 Filed 2-26-21; 8:45 am]
BILLING CODE 6450-01-P
