Energy Conservation Program: Decision and Order Granting a Waiver to KeepRite Refrigeration From the Department of Energy Walk-In Coolers and Walk-In Freezers Test Procedure, 24603-24606 [2021-09702]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
is described below. The Department of
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: Campus Safety and
Security Survey.
OMB Control Number: 1840–0833.
Type of Review: An extension without
change of a currently approved
collection.
Respondents/Affected Public: Private
Sector; State, Local, and Tribal
Governments.
Total Estimated Number of Annual
Responses: 6,000.
Total Estimated Number of Annual
Burden Hours: 2,499.
Abstract: The collection of
information through the Campus Safety
and Security Survey is necessary under
section 485 of the Higher Education Act
of 1965, as amended, with the goal of
increasing transparency surrounding
college safety and security information
for students, prospective students,
parents, employees and the general
public. The survey is a collection tool to
compile the annual data on campus
crime and fire safety. The data collected
from the individual institutions by ED is
made available to the public through the
Campus Safety and Security Data
Analysis and Cutting Tool as well as the
College Navigator.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
19:55 May 06, 2021
Jkt 253001
Dated: May 4, 2021.
Juliana Pearson,
PRA Coordinator, Strategic Collections and
Clearance, Governance and Strategy Division,
Office of Chief Data Officer, Office of
Planning, Evaluation and Policy
Development.
[FR Doc. 2021–09698 Filed 5–6–21; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
[Case Number 2020–014; EERE–2020–BT–
WAV–0028]
Energy Conservation Program:
Decision and Order Granting a Waiver
to KeepRite Refrigeration From the
Department of Energy Walk-In Coolers
and Walk-In Freezers Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of decision and
order.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) gives notification of a
Decision and Order (Case Number
2020–014) that grants to KeepRite
Refrigeration (‘‘KeepRite’’) a waiver
from specified portions of the DOE test
procedure for determining the energy
efficiency of specified carbon dioxide
(‘‘CO2’’) direct expansion unit coolers.
Under the Decision and Order, KeepRite
is required to test and rate the specified
basic models of its CO2 direct
expansion unit coolers in accordance
with the alternate test procedure set
forth in the Decision and Order.
DATES: The Decision and Order is
effective on May 7, 2021. The Decision
and Order will terminate upon the
compliance date of any future
amendment to the test procedure for
walk-in refrigeration systems located at
title 10 of the Code of Federal
Regulations (‘‘CFR’’), part 431, subpart
R, appendix C that addresses the issues
presented in this waiver. At such time,
KeepRite must use the relevant test
procedure for these CO2 direct
expansion unit coolers for any testing to
demonstrate compliance with the
applicable standards, and any other
representations of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Email: AS_Waiver_
Requests@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
SUMMARY:
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
24603
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with § 431.401(f)(2) of title
10 of the Code of Federal Regulations
(10 CFR 431.401(f)(2)), DOE gives
notification of the issuance of its
Decision and Order as set forth below.
The Decision and Order grants KeepRite
a waiver from the applicable test
procedure at 10 CFR part 431, subpart
R, appendix C for specified basic
models of CO2 direct expansion unit
coolers, and provides that KeepRite
must test and rate such CO2 direct
expansion unit coolers using the
alternate test procedure specified in the
Decision and Order. KeepRite’s
representations concerning the energy
efficiency of the specified basic models
must be based on testing according to
the provisions and restrictions in the
alternate test procedure set forth in the
Decision and Order, and the
representations must fairly disclose the
test results. Distributors, retailers, and
private labelers are held to the same
requirements when making
representations regarding the energy
efficiency of this equipment. (42 U.S.C.
6314(d))
Manufacturers not currently
distributing such products/equipment
in commerce in the United States that
employ a technology or characteristic
that results in the same need for a
waiver from the applicable test
procedure must petition for and be
granted a waiver prior to the
distribution in commerce of CO2 direct
expansion unit coolers in the United
States. 10 CFR 431.401(j). Manufacturers
may also submit a request for interim
waiver pursuant to the requirements of
10 CFR 431.401.
Case #2020–014
Decision and 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
established the Energy Conservation
Program for Certain Industrial
Equipment, which sets forth a variety of
provisions designed to improve energy
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.
E:\FR\FM\07MYN1.SGM
07MYN1
24604
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
efficiency for certain types of industrial
equipment. This equipment includes
walk-in cooler and walk-in freezer
(collectively, ‘‘walk-ins’’) refrigeration
systems, the focus of this document. (42
U.S.C. 6311(1)(G))
The energy conservation program
under EPCA consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA include definitions (42 U.S.C.
6311), 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; 42
U.S.C. 6299).
The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) Certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and
(2) making representations about the
efficiency of that equipment (42 U.S.C.
6314(d)). Similarly, DOE must use these
test procedures to determine whether
the equipment complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6316(a); 42 U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE is
required to follow when prescribing or
amending test procedures for covered
walk-ins. EPCA requires that any test
procedures prescribed or amended
under this section must be reasonably
designed to produce test results which
reflect energy efficiency, energy use or
estimated annual operating cost of
covered equipment during a
representative average use cycle and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6314(a)(2)) The test procedure for
walk-in refrigeration systems is set forth
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’’).
Any interested person may submit a
petition for waiver from DOE’s test
procedure requirements. 10 CFR
431.401(a)(1). 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
VerDate Sep<11>2014
19:55 May 06, 2021
Jkt 253001
test procedures evaluate the basic model
in a manner so unrepresentative of its
true energy consumption characteristics
as to provide materially inaccurate
comparative data. 10 CFR 431.401(f)(2).
DOE may grant the waiver subject to
conditions, including adherence to
alternate test procedures. Id.
As soon as practicable after the
granting of any waiver, DOE will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. 10
CFR 431.401(l). As soon thereafter as
practicable, DOE will publish in the
Federal Register a final rule to that
effect. Id. When DOE amends the test
procedure to address the issues
presented in a waiver, the waiver will
automatically terminate on the date on
which use of that test procedure is
required to demonstrate compliance. 10
CFR 431.401(h)(3).
II. KeepRite’s Petition for Waiver:
Assertions and Determinations
By letter docketed on August 11,
2020, KeepRite filed a petition for
waiver and a petition for interim waiver
from the DOE test procedure applicable
to CO2 direct expansion unit coolers set
forth in Appendix C. (KeepRite, No. 1 at
p. 1 3) KeepRite claimed that the test
conditions described in Table 15 and
Table 16 of the Air-Conditioning,
Heating, and Refrigeration Institute
(‘‘AHRI’’) Standard 1250–2009,
Standard for Performance Rating of
Walk-In Coolers and Freezers (‘‘AHRI
1250–2009’’) (for walk-in refrigerator
unit coolers and freezer unit coolers
tested alone), as incorporated by
Appendix C with modification, cannot
be achieved by the specified basic
models and are not consistent with the
operation of KeepRite’s CO2 direct
expansion unit coolers. (KeepRite, No. 1
at p. 2) KeepRite asserted that the test
conditions are not achievable, since
CO2 refrigerant has a critical
temperature of 87.8 °F 4 and the current
DOE test procedure requires a liquid
inlet saturation temperature of 105 °F
3 A notation in the form ‘‘KeepRite, No. 1’’
identifies a written submission: (1) Made by
KeepRite; and (2) recorded in document number 1
that is filed in the docket of this petition for waiver
(Docket No. EERE–2020–BT–WAV–0028) and
available at https://www.regulations.gov.
4 The test procedure specifies the unit cooler
refrigerant inlet condition in terms of a saturation
temperature (the temperature at which it completes
the condensation process in a condenser) and the
subcooling temperature (additional reduction in
temperature lower than the specified saturation
temperature). For CO2, the critical temperature
above which there cannot exist separate liquid and
gas phases is below the saturation condition
specified in the test procedure—hence, the
specified condition cannot be achieved.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
and liquid inlet subcooling of 9 °F. Id.
KeepRite suggested that the test
conditions should be more consistent
with typical operating conditions for a
transcritical CO2 booster system. Id.
KeepRite’s suggested test procedure
specified using modified liquid inlet
saturation and liquid inlet subcooling
temperatures of 38 °F and 5 °F,
respectively, for both walk-in
refrigerator unit coolers and walk-in
freezer unit coolers. (KeepRite, No. 1 at
pp. 4–5). Additionally, KeepRite
suggested that because the subject units
are used in transcritical CO2 booster
systems, the calculations in AHRI 1250–
2009, section 7.9 should be used to
determine the annual walk-in energy
factor (‘‘AWEF’’) and net capacity for
unit coolers matched to parallel rack
systems, as required under the DOE test
procedure. (KeepRite, No. 1 at p. 4) This
section of AHRI 1250–2009 is
prescribed by the DOE test procedure
for determining AWEF for all unit
coolers tested alone (Appendix C,
section 3.3.1). Finally, KeepRite also
suggested that AHRI 1250–2009, Table
17, EER for Remote Commercial
Refrigerated Display Merchandisers and
Storage Cabinets, should be used to
determine power consumption of CO2
direct expansion unit cooler systems, as
required under the DOE test procedure.
(Keeprite, No. 1 at p. 4)
On March 3, 2021, DOE published a
notification that announced its receipt
of the petition for waiver and granted
KeepRite an interim waiver. 86 FR
12433 (‘‘Notification of Petition for
Waiver’’). In the Notification of Petition
for Waiver, DOE acknowledged the
difference in critical pressure and
temperature between traditional
refrigerants (such as R404A) and CO2 as
used in KeepRite’s direct expansion unit
coolers. 86 FR 12433, 12436. DOE also
noted that the transcritical nature of
CO2 generally requires a more complex
refrigeration cycle design to approach
the efficiency of traditional refrigerant
cycles during operation in high
temperature conditions. Id.
In the Notification of Petition for
Waiver, DOE also solicited comments
from interested parties on all aspects of
the petition and the specified alternate
test procedure. 86 FR 12433. DOE
received no substantive comments 5 in
response to the Notification of Petition
for Waiver.
For the reasons explained here and in
the Notification of Petition for Waiver,
absent a waiver, the basic models
5 One comment was received, but it contained no
content. The comment stated only the docket
number for the notification of petition for waiver
and grant of an interim waiver.
E:\FR\FM\07MYN1.SGM
07MYN1
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
identified by KeepRite in its petition
cannot be tested and rated for energy
consumption on a basis representative
of their true energy consumption
characteristics. DOE has reviewed the
procedure suggested by KeepRite and
concludes that it will allow for the
accurate measurement of the energy use
of the CO2 direct expansion unit
coolers, while alleviating the testing
issues associated with KeepRite’s
implementation of DOE’s applicable
walk-in refrigeration system test
procedure for the specified basic
models.
Thus, DOE is requiring that KeepRite
test and rate specified CO2 direct
expansion unit cooler basic models
according to the alternate test procedure
specified in this Decision and Order,
which is identical to the procedure
provided in the interim waiver.
This Decision and Order applies only
to the basic models listed and does not
extend to any other basic models. DOE
evaluates and grants waivers for only
those basic models specifically set out
in the petition, not future models that
may be manufactured by the petitioner.
KeepRite may request that DOE extend
the scope of this waiver to include
additional basic models that employ the
same technology as those listed in this
waiver. 10 CFR 431.401(g). KeepRite
may also submit another petition for
waiver from the test procedure for
additional basic models that employ a
different technology and meet the
criteria for test procedure waivers. 10
CFR 431.401(a)(1).
DOE notes that it may modify or
rescind the waiver at any time upon
DOE’s determination that the factual
basis underlying the petition for waiver
is incorrect, or upon a determination
that the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics. 10 CFR 431.401(k)(1).
Likewise, KeepRite may request that
DOE rescind or modify the waiver if the
company discovers an error in the
*LP104C*-**D*
*LP106C*-**D*
*LP107C*-**D*
*LP209C*-**D*
*LP211C*-**D*
*LP214C*-**D*
*LP317C*-**D*
*LP320C*-**D*
*LP422C*-**D*
*LP427C*-**D*
*LP534C*-**D*
*LP640C*-**D*
*MP120C*-**D*
*MP124C*-**D*
*MP232C*-**D*
*MP240C*-**D*
*MP248C*-**D*
*MP360C*-**D*
*MP372C*-**D*
*MP486C*-**D*
*MP495C*-**D*
*TM215C*-**D*
*TM318C*-**D*
*TM321C*-**D*
*TM426C*-**D*
*TM531C*-**D*
*TM215C*-**D*
*TM318C*-**D*
*TM321C*-**D*
*TM426C*-**D*
*TM531C*-**D*
(2) The alternate test procedure for the
KeepRite basic models listed in
paragraph (1) of this Order is the test
procedure for walk-in refrigeration
systems prescribed by DOE at 10 CFR
part 431, subpart R, appendix C
(‘‘Appendix C’’), except that the liquid
inlet saturation temperature test
VerDate Sep<11>2014
19:55 May 06, 2021
Jkt 253001
PO 00000
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
431.401(k)(2).
III. Order
After careful consideration of all the
material that was submitted by
KeepRite, KeepRite’s consumer-facing
materials, including websites and
product specification sheets for the
basic models listed in KeepRite’s
petition, as well as other industry
information pertaining to the subject
basic models listed by KeepRite, it is
ordered that:
(1) KeepRite must, as of the date of
publication of this Order in the Federal
Register, test and rate the following CO2
direct expansion unit cooler basic
models with the alternate test procedure
as set forth in paragraph (2):
KeepRite/Trenton/Bally Branded Basic
Models on Which the Waiver and
Interim Waiver Is Being Requested
*LP104D*-**D*
*LP105D*-**D*
*LP106D*-**D*
*LP207D*-**D*
*LP209D*-**D*
*LP211D*-**D*
*LP314D*-**D*
*LP316D*-**D*
*LP418D*-**D*
*LP421D*-**D*
*LP526D*-**D*
*LP631D*-**D*
*MP116L*-**D*
*MP120L*-**D*
*MP224L*-**D*
*MP233L*-**D*
*MP239L*-**D*
*MP347L*-**D*
*MP355L*-**D*
*MP470L*-**D*
*LP103F*-**D*
*LP104F*-**D*
*LP106F*-**D*
*LP207F*-**D*
*LP208F*-**D*
*LP211F*-**D*
*LP313F*-**D*
*LP316F*-**D*
*LP418F*-**D*
*LP421F*-**D*
*LP524F*-**D*
*LP627F*-**D*
*MP113F*-**D*
*MP117F*-**D*
*MP221F*-**D*
*MP226F*-**D*
*MP234F*-**D*
*MP338F*-**D*
*MP349F*-**D*
*MP457F*-**D*
*TM204D*-**D*
*TM206D*-**D*
*TM209D*-**D*
*TM212D*-**D*
*TM315D*-**D*
*TM318D*-**D*
*TM422D*-**D*
*TM526D*-**D*
*LV106C*-**D*
*LV109C*-**D*
*LV212C*-**D*
*LV217C*-**D*
*LV325C*-**D*
*LV331C*-**D*
*LV437C*-**D*
*LV441C*-**D*
*LV546C*-**D*
condition and liquid inlet subcooling
temperature test condition shall be
modified to 38 °F and 5 °F, respectively,
for both walk-in refrigerator unit coolers
and walk-in freezer unit coolers, as
detailed below. All other requirements
of Appendix C and DOE’s other relevant
regulations remain applicable.
Frm 00024
Fmt 4703
Sfmt 4703
24605
In Appendix C, under section 3.1.
General modifications: Test Conditions
and Tolerances, revise section 3.1.5., to
read as follows:
3.1.5. Tables 15 and 16 shall be
modified to read as follows:
E:\FR\FM\07MYN1.SGM
07MYN1
24606
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Notices
TABLE 15—REFRIGERATOR UNIT COOLER
Unit cooler
air entering
dry-bulb, °F
Unit cooler
air entering
relative
humidity, %
Off Cycle Fan Power ....................
35
Refrigeration Capacity Suction A
35
Test description
Saturated
suction
temp, °F
Liquid inlet
saturation
temp, °F
Liquid inlet
subcooling
temp, °F
Compressor
capacity
Test objective
<50
....................
....................
....................
Compressor Off ..
<50
25
38
5
Compressor On ..
Measure fan input power during
compressor off cycle.
Determine Net Refrigeration Capacity of Unit Cooler.
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default superheat value
of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.
TABLE 16—FREEZER UNIT COOLER
Unit cooler
air entering
dry-bulb, °F
Unit cooler
air entering
relative
humidity, %
Off Cycle Fan Power ....................
¥10
Refrigeration Capacity Suction A
Defrost ..........................................
Test description
Saturated
suction
temp, °F
Liquid inlet
saturation
temp, °F
Liquid inlet
subcooling
temp, °F
Compressor
capacity
Test objective
<50
....................
....................
....................
Compressor Off ..
¥10
<50
¥20
38
5
Compressor On ..
¥10
Various
....................
....................
....................
Compressor Off ..
Measure fan input power during
compressor off cycle.
Determine Net Refrigeration Capacity of Unit Cooler.
Test according to Appendix C
Section C11.
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default superheat value
of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.
(3) Representations. KeepRite may not
make representations about the energy
efficiency of a basic model listed in
paragraph (1) of this Order for
compliance or marketing, unless the
basic model has been tested in
accordance with the provisions set forth
above and such representations fairly
disclose the results of such testing.
(4) This waiver shall remain in effect
according to the provisions of 10 CFR
431.401.
(5) DOE issues this waiver on the
condition that the statements,
representations, and information
provided by KeepRite are valid. If
KeepRite makes any modifications to
the controls or configurations of these
basic models, such modifications will
render the waiver invalid with respect
to that basic model, and KeepRite will
either be required to use the current
Federal test method or submit a new
application for a test procedure waiver.
DOE may rescind or modify this waiver
at any time if it determines the factual
basis underlying the petition for waiver
is incorrect, or the results from the
alternate test procedure are
unrepresentative of a basic model’s true
energy consumption characteristics. 10
CFR 431.401(k)(1). Likewise, KeepRite
may request that DOE rescind or modify
the waiver if KeepRite discovers an
error in the information provided to
DOE as part of its petition, determines
that the waiver is no longer needed, or
for other appropriate reasons. 10 CFR
431.401(k)(2).
(6) KeepRite remains obligated to
fulfill any applicable requirements set
forth at 10 CFR part 429.
VerDate Sep<11>2014
19:55 May 06, 2021
Jkt 253001
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.
KeepRite Refrigeration may submit a
new or amended petition for waiver and
request for grant of interim waiver, as
appropriate, for additional basic models
of CO2 direct expansion unit coolers.
Alternatively, if appropriate, KeepRite
Refrigeration 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 May 2, 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 Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Signed in Washington, DC, on May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–09702 Filed 5–6–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
[Case Number 2020–010; EERE–2020–BT–
WAV–0026]
Energy Conservation Program:
Decision and Order Granting a Waiver
to Hussmann Corporation From the
Department of Energy Walk-In Coolers
and Walk-In Freezers Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of decision and
order.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) gives notification of a
Decision and Order (Case Number
2020–010) that grants to Hussmann
Corporation (‘‘Hussmann’’) a waiver
from specified portions of the DOE test
procedure for determining the energy
efficiency of specified carbon dioxide
(‘‘CO2’’) direct expansion unit coolers.
Under the Decision and Order,
Hussmann is required to test and rate
the specified basic models of its CO2
direct expansion unit coolers in
accordance with the alternate test
procedure set forth in the Decision and
Order.
DATES: The Decision and Order is
effective on May 7, 2021. The Decision
SUMMARY:
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Notices]
[Pages 24603-24606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09702]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2020-014; EERE-2020-BT-WAV-0028]
Energy Conservation Program: Decision and Order Granting a Waiver
to KeepRite Refrigeration From the Department of Energy Walk-In Coolers
and Walk-In Freezers Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') gives notification of
a Decision and Order (Case Number 2020-014) that grants to KeepRite
Refrigeration (``KeepRite'') a waiver from specified portions of the
DOE test procedure for determining the energy efficiency of specified
carbon dioxide (``CO2'') direct expansion unit coolers. Under the
Decision and Order, KeepRite is required to test and rate the specified
basic models of its CO2 direct expansion unit coolers in accordance
with the alternate test procedure set forth in the Decision and Order.
DATES: The Decision and Order is effective on May 7, 2021. The Decision
and Order will terminate upon the compliance date of any future
amendment to the test procedure for walk-in refrigeration systems
located at title 10 of the Code of Federal Regulations (``CFR''), part
431, subpart R, appendix C that addresses the issues presented in this
waiver. At such time, KeepRite must use the relevant test procedure for
these CO2 direct expansion unit coolers for any testing to demonstrate
compliance with the applicable standards, and any other representations
of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Email:
[email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email:
[email protected].
SUPPLEMENTARY INFORMATION: In accordance with Sec. 431.401(f)(2) of
title 10 of the Code of Federal Regulations (10 CFR 431.401(f)(2)), DOE
gives notification of the issuance of its Decision and Order as set
forth below. The Decision and Order grants KeepRite a waiver from the
applicable test procedure at 10 CFR part 431, subpart R, appendix C for
specified basic models of CO2 direct expansion unit coolers, and
provides that KeepRite must test and rate such CO2 direct expansion
unit coolers using the alternate test procedure specified in the
Decision and Order. KeepRite's representations concerning the energy
efficiency of the specified basic models must be based on testing
according to the provisions and restrictions in the alternate test
procedure set forth in the Decision and Order, and the representations
must fairly disclose the test results. Distributors, retailers, and
private labelers are held to the same requirements when making
representations regarding the energy efficiency of this equipment. (42
U.S.C. 6314(d))
Manufacturers not currently distributing such products/equipment in
commerce in the United States that employ a technology or
characteristic that results in the same need for a waiver from the
applicable test procedure must petition for and be granted a waiver
prior to the distribution in commerce of CO2 direct expansion unit
coolers in the United States. 10 CFR 431.401(j). Manufacturers may also
submit a request for interim waiver pursuant to the requirements of 10
CFR 431.401.
Case #2020-014
Decision and 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 established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy
[[Page 24604]]
efficiency for certain types of industrial equipment. This equipment
includes walk-in cooler and walk-in freezer (collectively, ``walk-
ins'') refrigeration systems, the focus of this document. (42 U.S.C.
6311(1)(G))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through 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; 42
U.S.C. 6299).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine whether the equipment complies
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42
U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered walk-ins. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which reflect energy efficiency, energy use or estimated
annual operating cost of covered equipment during a representative
average use cycle and requires that test procedures not be unduly
burdensome to conduct. (42 U.S.C. 6314(a)(2)) The test procedure for
walk-in refrigeration systems is set forth 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'').
Any interested person may submit a petition for waiver from DOE's
test procedure requirements. 10 CFR 431.401(a)(1). DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2).
DOE may grant the waiver subject to conditions, including adherence to
alternate test procedures. Id.
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable,
DOE will publish in the Federal Register a final rule to that effect.
Id. When DOE amends the test procedure to address the issues presented
in a waiver, the waiver will automatically terminate on the date on
which use of that test procedure is required to demonstrate compliance.
10 CFR 431.401(h)(3).
II. KeepRite's Petition for Waiver: Assertions and Determinations
By letter docketed on August 11, 2020, KeepRite filed a petition
for waiver and a petition for interim waiver from the DOE test
procedure applicable to CO2 direct expansion unit coolers set forth in
Appendix C. (KeepRite, No. 1 at p. 1 \3\) KeepRite claimed that the
test conditions described in Table 15 and Table 16 of the Air-
Conditioning, Heating, and Refrigeration Institute (``AHRI'') Standard
1250-2009, Standard for Performance Rating of Walk-In Coolers and
Freezers (``AHRI 1250-2009'') (for walk-in refrigerator unit coolers
and freezer unit coolers tested alone), as incorporated by Appendix C
with modification, cannot be achieved by the specified basic models and
are not consistent with the operation of KeepRite's CO2 direct
expansion unit coolers. (KeepRite, No. 1 at p. 2) KeepRite asserted
that the test conditions are not achievable, since CO2 refrigerant has
a critical temperature of 87.8 [deg]F \4\ and the current DOE test
procedure requires a liquid inlet saturation temperature of 105 [deg]F
and liquid inlet subcooling of 9 [deg]F. Id. KeepRite suggested that
the test conditions should be more consistent with typical operating
conditions for a transcritical CO2 booster system. Id.
---------------------------------------------------------------------------
\3\ A notation in the form ``KeepRite, No. 1'' identifies a
written submission: (1) Made by KeepRite; and (2) recorded in
document number 1 that is filed in the docket of this petition for
waiver (Docket No. EERE-2020-BT-WAV-0028) and available at https://www.regulations.gov.
\4\ The test procedure specifies the unit cooler refrigerant
inlet condition in terms of a saturation temperature (the
temperature at which it completes the condensation process in a
condenser) and the subcooling temperature (additional reduction in
temperature lower than the specified saturation temperature). For
CO2, the critical temperature above which there cannot exist
separate liquid and gas phases is below the saturation condition
specified in the test procedure--hence, the specified condition
cannot be achieved.
---------------------------------------------------------------------------
KeepRite's suggested test procedure specified using modified liquid
inlet saturation and liquid inlet subcooling temperatures of 38 [deg]F
and 5 [deg]F, respectively, for both walk-in refrigerator unit coolers
and walk-in freezer unit coolers. (KeepRite, No. 1 at pp. 4-5).
Additionally, KeepRite suggested that because the subject units are
used in transcritical CO2 booster systems, the calculations in AHRI
1250-2009, section 7.9 should be used to determine the annual walk-in
energy factor (``AWEF'') and net capacity for unit coolers matched to
parallel rack systems, as required under the DOE test procedure.
(KeepRite, No. 1 at p. 4) This section of AHRI 1250-2009 is prescribed
by the DOE test procedure for determining AWEF for all unit coolers
tested alone (Appendix C, section 3.3.1). Finally, KeepRite also
suggested that AHRI 1250-2009, Table 17, EER for Remote Commercial
Refrigerated Display Merchandisers and Storage Cabinets, should be used
to determine power consumption of CO2 direct expansion unit cooler
systems, as required under the DOE test procedure. (Keeprite, No. 1 at
p. 4)
On March 3, 2021, DOE published a notification that announced its
receipt of the petition for waiver and granted KeepRite an interim
waiver. 86 FR 12433 (``Notification of Petition for Waiver''). In the
Notification of Petition for Waiver, DOE acknowledged the difference in
critical pressure and temperature between traditional refrigerants
(such as R404A) and CO2 as used in KeepRite's direct expansion unit
coolers. 86 FR 12433, 12436. DOE also noted that the transcritical
nature of CO2 generally requires a more complex refrigeration cycle
design to approach the efficiency of traditional refrigerant cycles
during operation in high temperature conditions. Id.
In the Notification of Petition for Waiver, DOE also solicited
comments from interested parties on all aspects of the petition and the
specified alternate test procedure. 86 FR 12433. DOE received no
substantive comments \5\ in response to the Notification of Petition
for Waiver.
---------------------------------------------------------------------------
\5\ One comment was received, but it contained no content. The
comment stated only the docket number for the notification of
petition for waiver and grant of an interim waiver.
---------------------------------------------------------------------------
For the reasons explained here and in the Notification of Petition
for Waiver, absent a waiver, the basic models
[[Page 24605]]
identified by KeepRite in its petition cannot be tested and rated for
energy consumption on a basis representative of their true energy
consumption characteristics. DOE has reviewed the procedure suggested
by KeepRite and concludes that it will allow for the accurate
measurement of the energy use of the CO2 direct expansion unit coolers,
while alleviating the testing issues associated with KeepRite's
implementation of DOE's applicable walk-in refrigeration system test
procedure for the specified basic models.
Thus, DOE is requiring that KeepRite test and rate specified CO2
direct expansion unit cooler basic models according to the alternate
test procedure specified in this Decision and Order, which is identical
to the procedure provided in the interim waiver.
This Decision and Order applies only to the basic models listed and
does not extend to any other basic models. DOE evaluates and grants
waivers for only those basic models specifically set out in the
petition, not future models that may be manufactured by the petitioner.
KeepRite may request that DOE extend the scope of this waiver to
include additional basic models that employ the same technology as
those listed in this waiver. 10 CFR 431.401(g). KeepRite may also
submit another petition for waiver from the test procedure for
additional basic models that employ a different technology and meet the
criteria for test procedure waivers. 10 CFR 431.401(a)(1).
DOE notes that it may modify or rescind the waiver at any time upon
DOE's determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise,
KeepRite may request that DOE rescind or modify the waiver if the
company discovers an error in the information provided to DOE as part
of its petition, determines that the waiver is no longer needed, or for
other appropriate reasons. 10 CFR 431.401(k)(2).
III. Order
After careful consideration of all the material that was submitted
by KeepRite, KeepRite's consumer-facing materials, including websites
and product specification sheets for the basic models listed in
KeepRite's petition, as well as other industry information pertaining
to the subject basic models listed by KeepRite, it is ordered that:
(1) KeepRite must, as of the date of publication of this Order in
the Federal Register, test and rate the following CO2 direct expansion
unit cooler basic models with the alternate test procedure as set forth
in paragraph (2):
KeepRite/Trenton/Bally Branded Basic Models on Which the Waiver and
Interim Waiver Is Being Requested
*LP104C*-**D* *LP104D*-**D* *LP103F*-**D*
*LP106C*-**D* *LP105D*-**D* *LP104F*-**D*
*LP107C*-**D* *LP106D*-**D* *LP106F*-**D*
*LP209C*-**D* *LP207D*-**D* *LP207F*-**D*
*LP211C*-**D* *LP209D*-**D* *LP208F*-**D*
*LP214C*-**D* *LP211D*-**D* *LP211F*-**D*
*LP317C*-**D* *LP314D*-**D* *LP313F*-**D*
*LP320C*-**D* *LP316D*-**D* *LP316F*-**D*
*LP422C*-**D* *LP418D*-**D* *LP418F*-**D*
*LP427C*-**D* *LP421D*-**D* *LP421F*-**D*
*LP534C*-**D* *LP526D*-**D* *LP524F*-**D*
*LP640C*-**D* *LP631D*-**D* *LP627F*-**D*
*MP120C*-**D* *MP116L*-**D* *MP113F*-**D*
*MP124C*-**D* *MP120L*-**D* *MP117F*-**D*
*MP232C*-**D* *MP224L*-**D* *MP221F*-**D*
*MP240C*-**D* *MP233L*-**D* *MP226F*-**D*
*MP248C*-**D* *MP239L*-**D* *MP234F*-**D*
*MP360C*-**D* *MP347L*-**D* *MP338F*-**D*
*MP372C*-**D* *MP355L*-**D* *MP349F*-**D*
*MP486C*-**D* *MP470L*-**D* *MP457F*-**D*
*MP495C*-**D*
*TM215C*-**D* *TM204D*-**D* *LV106C*-**D*
*TM318C*-**D* *TM206D*-**D* *LV109C*-**D*
*TM321C*-**D* *TM209D*-**D* *LV212C*-**D*
*TM426C*-**D* *TM212D*-**D* *LV217C*-**D*
*TM531C*-**D* *TM315D*-**D* *LV325C*-**D*
*TM215C*-**D* *TM318D*-**D* *LV331C*-**D*
*TM318C*-**D* *TM422D*-**D* *LV437C*-**D*
*TM321C*-**D* *TM526D*-**D* *LV441C*-**D*
*TM426C*-**D* .................................... *LV546C*-**D*
*TM531C*-**D*
(2) The alternate test procedure for the KeepRite basic models
listed in paragraph (1) of this Order is the test procedure for walk-in
refrigeration systems prescribed by DOE at 10 CFR part 431, subpart R,
appendix C (``Appendix C''), except that the liquid inlet saturation
temperature test condition and liquid inlet subcooling temperature test
condition shall be modified to 38 [deg]F and 5 [deg]F, respectively,
for both walk-in refrigerator unit coolers and walk-in freezer unit
coolers, as detailed below. All other requirements of Appendix C and
DOE's other relevant regulations remain applicable.
In Appendix C, under section 3.1. General modifications: Test
Conditions and Tolerances, revise section 3.1.5., to read as follows:
3.1.5. Tables 15 and 16 shall be modified to read as follows:
[[Page 24606]]
Table 15--Refrigerator Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit cooler Unit cooler Liquid Liquid
air air Saturated inlet inlet
Test description entering entering suction saturation subcooling Compressor capacity Test objective
dry-bulb, relative temp, temp, temp,
[deg]F humidity, % [deg]F [deg]F [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power................. 35 <50 ........... ........... ........... Compressor Off........... Measure fan input
power during
compressor off cycle.
Refrigeration Capacity Suction A.... 35 <50 25 38 5 Compressor On............ Determine Net
Refrigeration
Capacity of Unit
Cooler.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.
Table 16--Freezer Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unit cooler Unit cooler Liquid Liquid
air air Saturated inlet inlet
Test description entering entering suction saturation subcooling Compressor capacity Test objective
dry-bulb, relative temp, temp, temp,
[deg]F humidity, % [deg]F [deg]F [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power................. -10 <50 ........... ........... ........... Compressor Off........... Measure fan input
power during
compressor off cycle.
Refrigeration Capacity Suction A.... -10 <50 -20 38 5 Compressor On............ Determine Net
Refrigeration
Capacity of Unit
Cooler.
Defrost............................. -10 Various ........... ........... ........... Compressor Off........... Test according to
Appendix C Section
C11.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.
(3) Representations. KeepRite may not make representations about
the energy efficiency of a basic model listed in paragraph (1) of this
Order for compliance or marketing, unless the basic model has been
tested in accordance with the provisions set forth above and such
representations fairly disclose the results of such testing.
(4) This waiver shall remain in effect according to the provisions
of 10 CFR 431.401.
(5) DOE issues this waiver on the condition that the statements,
representations, and information provided by KeepRite are valid. If
KeepRite makes any modifications to the controls or configurations of
these basic models, such modifications will render the waiver invalid
with respect to that basic model, and KeepRite will either be required
to use the current Federal test method or submit a new application for
a test procedure waiver. DOE may rescind or modify this waiver at any
time if it determines the factual basis underlying the petition for
waiver is incorrect, or the results from the alternate test procedure
are unrepresentative of a basic model's true energy consumption
characteristics. 10 CFR 431.401(k)(1). Likewise, KeepRite may request
that DOE rescind or modify the waiver if KeepRite discovers an error in
the information provided to DOE as part of its petition, determines
that the waiver is no longer needed, or for other appropriate reasons.
10 CFR 431.401(k)(2).
(6) KeepRite remains obligated to fulfill any applicable
requirements set forth at 10 CFR part 429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. KeepRite Refrigeration may
submit a new or amended petition for waiver and request for grant of
interim waiver, as appropriate, for additional basic models of CO2
direct expansion unit coolers. Alternatively, if appropriate, KeepRite
Refrigeration 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 May 2,
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 Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-09702 Filed 5-6-21; 8:45 am]
BILLING CODE 6450-01-P
