Energy Conservation Program: Notification of Petition for Waiver of RefPlus Inc. From the Department of Energy Walk-In Coolers and Walk-In Freezers Test Procedure and Notification of Grant of Interim Waiver, 43633-43648 [2021-16997]

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NOTIFICATION PROCEDURES: Individuals seeking to determine whether information about themselves is contained in this system of records should follow the instructions for Record Access Procedures above. EXEMPTIONS PROMULGATED FOR THE SYSTEM: None. HISTORY: December 8, 2010, 75 FR 76426; June 16, 2014, 79 FR 34299 [FR Doc. 2021–17000 Filed 8–9–21; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF ENERGY [Case Number 2021–006; EERE–2021–BT– WAV–0014] Energy Conservation Program: Notification of Petition for Waiver of RefPlus Inc. 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 notification announces receipt of and publishes a petition for waiver and interim waiver from RefPlus, Inc. (‘‘RefPlus’’), which seeks a waiver SUMMARY: E:\FR\FM\10AUN1.SGM 10AUN1 jbell on DSKJLSW7X2PROD with NOTICES 43634 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices for specified carbon dioxide (‘‘CO2’’) direct expansion unit cooler basic models from the U.S. Department of Energy (‘‘DOE’’) test procedure used for determining the efficiency of walk-in cooler and walk-in freezer refrigeration systems. DOE also gives notification of an Interim Waiver Order that requires RefPlus to test and rate the specified CO2 direct expansion unit cooler basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning RefPlus’s petition and its suggested alternate test procedure so as to inform DOE’s final decision on RefPlus’s waiver request. DATES: Written comments and information are requested and will be accepted on or before September 9, 2021. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov. Alternatively, interested persons may submit comments, identified by docket number EERE–2021–BT–WAV–0014, by any of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. 2. Email: to REFPLUS2021WAV0014@ ee.doe.gov. Include docket number EERE–2021–BT–WAV–0014 in the subject line of the message. No telefacsimiles (‘‘faxes’’) will be accepted. For detailed instructions on submitting comments and additional information on this process, see the SUPPLEMENTARY INFORMATION section of this document. Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including postal mail and hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of the ongoing Covid–19 pandemic. DOE is currently suspending receipt of public comments via postal mail and hand delivery/courier. If a commenter finds that this change poses an undue hardship, please contact Appliance Standards Program staff at (202) 586– 1445 to discuss the need for alternative arrangements. Once the Covid–19 pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 www.regulations.gov. All documents in the docket are listed in the 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-2021-BT-WAV-0014. 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 www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Email: AS_Waiver_Request@ee.doe.gov. Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585–0103. Telephone: (202) 586–8145. Email: Michael.Kido@hq.doe.gov. SUPPLEMENTARY INFORMATION: In this notice, DOE is publishing RefPlus’s petition for waiver in its entirety, pursuant to 10 CFR 431.401(b)(1)(iv)).1 DOE is also publishing the Interim Waiver Order granted to RefPlus, which serves as notification of DOE’s determination regarding RefPlus’s petition for an interim waiver, pursuant to 10 CFR 431.401(e)(1)(ii). DOE invites all interested parties to submit in writing by September 9, 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 Michel Lecompte, mlecompte@refplus.com, 2777, GrandeAlle´e St-Hubert, Quebec Canada, J4T 2R4. Submitting comments via www.regulations.gov. The 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 1 The petition did not identify any of the information contained therein as confidential business information. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 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 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 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 www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email. Comments and documents submitted via email also will be posted to 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. Faxes will not be accepted. E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 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 two wellmarked 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. 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 2021–006 jbell on DSKJLSW7X2PROD with NOTICES Interim Waiver Order I. Background and Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),2 authorizes the U.S. Department of Energy (‘‘DOE’’) to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291–6317). Title III, Part C 3 of EPCA, Public Law 94–163 (42 U.S.C. 6291– 6309, as codified), added by the National Energy Conservation Policy Act, Public Law 95–619, sec. 441 (Nov. 9, 1978), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a 2 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). 3 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated as Part A–1. VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 variety of provisions designed to improve 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 (collectively ‘‘walk-ins’’), the subject of this Interim Waiver Order. (42 U.S.C. 6311(1)(G)). The energy conservation program under EPCA consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6311), energy conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and the authority to require information and reports from manufacturers (42 U.S.C. 6316). The Federal testing requirements consist of test procedures that manufacturers of covered equipment must use as the basis for: (1) Certifying to DOE that their equipment complies with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must use these test procedures to determine whether the covered equipment complies with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42 U.S.C. 6295(s)). Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures DOE is required to follow when prescribing or amending test procedures for covered equipment. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect the energy efficiency, energy use or estimated annual operating cost of covered equipment during a representative average use cycle and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C.6314(a)(2)) The test procedure for walk-in refrigeration systems is contained in the Code of Federal Regulations (‘‘CFR’’) at 10 CFR part 431, subpart R, appendix C, Uniform Test Method for the Measurement of Net Capacity and AWEF of Walk-In Cooler and Walk-In Freezer Refrigeration Systems (‘‘Appendix C’’). Under 10 CFR 431.401, any interested person may submit a petition for waiver from DOE’s test procedure requirements. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 43635 model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the performance of the product type in a manner representative of the energy consumption characteristics of the basic model. 10 CFR 431.401(b)(1)(iii). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 431.401(f)(2). As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable, DOE will publish in the Federal Register a final rule to that effect. Id. The waiver process also provides that DOE may grant an interim waiver if it appears likely that the underlying petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the underlying petition for waiver. 10 CFR 431.401(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 431.401(h)(1). If DOE ultimately denies the petition for waiver, or if the alternate test procedure specified in the interim waiver differs from the alternate test procedure specified by DOE in a subsequent Decision and Order, DOE will provide a period of 180 days before the manufacturer is required to use the DOE test procedure or the alternate test procedure specified in the Decision and Order to make representations of energy efficiency. 10 CFR 431.401(i).4 When 4 In proposing an amendment to 10 CFR 431.401(i), DOE stated that—‘‘The 180 day duration was proposed because that time frame is consistent with the EPCA provision that provides manufacturers 180 days from issuance of a new or amended test procedure to begin using that test procedure for representation of energy efficiency.’’ E:\FR\FM\10AUN1.SGM Continued 10AUN1 43636 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 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). jbell on DSKJLSW7X2PROD with NOTICES II. RefPlus’s Petition for Waiver and Interim Waiver On June 2, 2021, DOE received 5 from RefPlus a petition for waiver and interim waiver from the test procedure for walk-in refrigeration systems set forth at 10 CFR part 431, subpart R, appendix C. (RefPlus, No. 1 at p. 1).6 DOE received an updated petition for waiver and interim waiver from RefPlus on July 12, 2021. (RefPlus, No. 2 at p. 1). The updated petition specifies additional basic models to be considered under the waiver request. (RefPlus, No. 2 at pp. 2–5). Pursuant to 10 CFR 431.401(b)(1)(iv), DOE has posted both petitions to the docket at, at: www.regulations.gov/docket/EERE2021-BT-WAV-0014 and has reproduced the most recent petition for waiver in this notice.7 RefPlus claims that the test conditions described in Table 15 and Table 16 of the Air-Conditioning, Heating, and Refrigeration Institute (‘‘AHRI’’) Standard 1250–2009, Standard for Performance Rating of Walk-In Coolers and Freezers (‘‘AHRI 1250–2009’’) (for walk-in refrigerator unit coolers and freezer unit coolers tested alone, respectively), as incorporated by Appendix C with modification, cannot be achieved by the specified basic models and are not consistent with the operation of RefPlus’s CO2 direct expansion unit coolers. RefPlus also 84 FR 18414, 18416 (May 1, 2019); (See 42 U.S.C. 6293(c)(2)). In the final rule published December 11, 2020, stated that it was maintaining the 180-day grace period as proposed. 85 FR 79802, 79813. As such, were a Decision and Order issued with an alternate test procedure that differed from that required under this interim waiver, beginning 180 days following publication of the Decision and Order any representations made by the petitioner must fairly disclose the results of testing in accordance with the alternate test procedure specified by the final Order and the applicable requirements of 10 CFR part 429. 5 A petition submitted under 10 CFR 431.401 is considered ‘‘received’’ on the date it is received by DOE through DOE’s established email box for receipt of waiver petitions or, if delivered by mail, on the date the waiver petition is stamped as received by DOE. 10 CFR 431.401(e)(1)(iii). 6 A notation in the form ‘‘RefPlus, No. 1’’ identifies a written submission: (1) Made by RefPlus; and (2) recorded in document number 1 that is filed in the docket of this petition for waiver (Docket No. EERE–2021–BT–WAV–0014) and available at www.regulations.gov/docket?D=EERE2021-BT-WAV-0014. 7 The petition did not identify any of the information contained therein as confidential business information. VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 stated that CO2 has a critical temperature of 87.8 °F,8 and thus the required liquid inlet saturation temperature of 105 °F and the required liquid inlet subcooling temperature of 9 °F are not achievable, and that the test conditions should be more consistent with typical operating conditions for a transcritical CO2 booster system (RefPlus, No. 2, p. 5). The statements made by RefPlus reference the difference in thermodynamic properties between CO2 and other refrigerants. Many substances transition from a solid to a liquid to a gas at a given pressure as temperature increases. For example, a pure substance like water transitions from liquid to steam at a specific temperature, e.g. 212 °F, at atmospheric pressure. As heat is added during a liquid to gas transition, the temperature remains constant and the substance coexists as both liquid and vapor. Continuing to add heat converts more of the liquid to vapor at a constant temperature. The reverse occurs when heat is removed. However, the transition temperature depends on the pressure— the higher the pressure, the higher the transition temperature. This is a key principle in refrigeration systems, which operate at two pressure levels associated with two temperatures. A refrigerant absorbs heat when it is at a low temperature and pressure, converting to gas and cooling the surrounding space. At high temperature and pressure, the refrigerant transitions to a liquid while releasing heat to the environment. A compressor is used to raise a gas from low- high-pressure, and a throttle (pressure reduction device) is used to reduce the pressure once the refrigerant has been fully liquefied (condensed) at high pressure. All refrigerants have a ‘‘critical temperature’’ and an associated ‘‘critical pressure’’ above which liquid and vapor phases cannot coexist. Above this critical point, the refrigerant will be a gas and its temperature will increase or decrease as heat is added or removed. For conventional refrigerants, the critical temperature is never exceeded in typical refrigeration cycles. For example, R404A is a common refrigerant used in refrigeration systems and has a critical temperature of 161.7 8 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 00013 Fmt 4703 Sfmt 4703 °F with an associated critical pressure of 540.8 psia.9 However, CO2 behaves differently, with a critical temperature of 87.8 °F and an associated critical pressure of 1,072 psia. The refrigerant temperature must be somewhat higher than the ambient temperature in order to reject refrigeration cycle heat to the ambient environment. Ambient temperatures greater than 87.8 °F are common and the performance of many refrigeration and air conditioning systems are tested using a 95 °F ambient temperature, as indicated by the A test condition in AHRI 1250–2009 Section 5. Above the critical temperature and critical pressure, the CO2 refrigerant is in a supercritical state and heat is transferred to the environment. Since the temperature of the CO2 refrigerant ranges from supercritical to subcritical within the system, CO2 cycles are said to be ‘‘transcritical.’’ The transcritical nature of CO2 generally requires a more complex refrigeration cycle design to approach the efficiency of traditional refrigerants (i.e., R404A, R407A, R448A, etc.) during operation in high temperature conditions. To increase efficiency and prevent overheating, transcritical booster systems introduce (or use) multiple stages of compression and intercooling. CO2 is cooled in the gas cooler of a transcritical booster system, then expands through a high-pressure control valve and is delivered to a subcritical-pressure flash tank. In the flash tank, the refrigerant is in the subcritical phase and the liquid and vapor phases can be separated. In a CO2 booster system, subcooled liquid refrigerant from the flash tank supplies the unit cooler via expansion valves where the refrigerant is evaporated. The evaporated refrigerant is subsequently compressed up to gas cooler pressure to complete the cycle (Docket EERE–2021– BT–WAV–0014, No. 5). As noted, RefPlus requests an interim waiver from the existing DOE test procedure. DOE will review the petition for interim waiver within 45 business days of receipt of the petition. 10 CFR 431.401(e)(1)(ii). If DOE does not notify the applicant of the disposition of the petition for interim waiver, in writing, within 45 business days of receipt of the petition, the interim waiver is granted utilizing the alternate test procedure requested in the petition. Id. 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 9 Absolute pressure is the pressure measured relative to a complete vacuum; ‘‘psia’’ represents the absolute pressure in pounds per square inch. E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices reasons to grant immediate relief pending a determination of the petition for waiver. 10 CFR 431.401(e)(2). Based on the assertions in the petition, absent an interim waiver, the prescribed test procedure is not appropriate for RefPlus’s CO2 direct expansion unit coolers and the test conditions are not achievable. As discussed, CO2 refrigerant has a critical temperature of 87.8 °F and the current DOE test procedure calls for a liquid inlet saturation temperature of 105 °F. The inability to achieve test conditions for the stated basic models would result in economic hardship from loss of sales stemming from the inability of the DOE test procedure to address the operating conditions of RefPlus’s equipment. DOE has published decision and orders granting a waiver for other equipment relying on the same technology.10 III. Requested Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of covered equipment. (42 U.S.C. 6314(d)). Consistency is important when making representations about the energy efficiency of covered equipment, including when demonstrating compliance with applicable DOE energy conservation standards. Pursuant to 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. RefPlus seeks to use an alternate test procedure to test and rate specific CO2 direct expansion unit cooler basic models. RefPlus’s suggested approach specifies using modified liquid inlet saturation and liquid inlet subcooling temperatures of 38 °F and 5 °F, jbell on DSKJLSW7X2PROD with NOTICES 10 See Notice of Decision and Order granting a waiver to HTPG (Case No. 2020–009; 86 FR 14887 (Mar. 19, 2021)); Notice of Decision and Order granting a waiver to Hussmann (Case No. 2020–010; 86 FR 24606 (May 7, 2021)); Notice of Decision and Order granting a waiver to KeepRite (Case No. 2020–014; 86 FR 24603 (May 7, 2021)). VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 respectively, for both walk-in refrigerator unit coolers and walk-in freezer unit coolers. (RefPlus, No. 2 at p. 5). Additionally, RefPlus recommended 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 Annual Walk-in Efficiency Factor (‘‘AWEF’’) and net capacity for unit coolers matched to parallel rack systems as required under the DOE test procedure. (RefPlus, No. 2 at pp. 5–6). This section of AHRI 1250–2009 is prescribed by the DOE test procedure for determining AWEF for all unit coolers tested alone (see 10 CFR part 431, subpart R, appendix C, section 3.3.1). Finally, RefPlus also recommended 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 (RefPlus, No. 2 at p. 5). IV. Interim Waiver Order DOE has reviewed RefPlus’s application for an interim waiver, the alternate test procedure requested by RefPlus, and the websites and product specification sheets for the basic models listed in RefPlus’s petition. Based on this review, the suggested alternate test procedure appears to allow for the accurate measurement of the energy efficiency of the specified basic models, while alleviating the testing issues associated with RefPlus’s implementation of walk-in cooler and walk-in freezer testing for these basic models. Review of the CO2 refrigeration market confirms that the testing conditions and approach suggested by RefPlus would be representative for operation of a unit cooler used in a transcritical CO2 booster system (Docket EERE–2021–BT–WAV–0014, No. 4). Specifically, CO2 that is cooled in the gas cooler of a transcritical booster system expands through a high-pressure control valve that delivers CO2 to a PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 43637 subcritical-pressure flash tank, where liquid and vapor phases of the refrigerant are separated. The liquid is then split, and the unit coolers receive the refrigerant at the same condition, consistent with the use of the same liquid inlet saturation temperature for both the medium- and low-temperature systems in RefPlus’s suggested test approach. Calculations on other external CO2 refrigeration system designs in the market indicate that the 38 °F liquid unit cooler inlet saturation temperature suggested by RefPlus is representative of CO2 booster systems (Docket EERE– 2021–BT–WAV–0014, No. 5). Regarding use of the EER values in AHRI 1250– 2009 Table 17 to determine the representative compressor power consumption for CO2 unit cooler systems, research into the performance of different configurations of CO2 booster systems shows that enhanced CO2 cycles (like those used in transcritical booster systems) can match conventional refrigerants in average annual efficiency (Docket EERE–2021– BT–WAV–0014, No. 3). The findings from this research, along with the other collective factors previously noted, justify the use of the EER values in AHRI 1250–2009 Table 17 for determining the power consumption for CO2 booster system evaporators, despite these EER values being initially established for systems using conventional refrigerants. Consequently, DOE has determined that RefPlus’s petition for waiver likely will be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant RefPlus immediate relief pending a determination of the petition for waiver. For the reasons stated, it is ordered that: (1) RefPlus must test and rate the following RefPlus-branded, CO2 direct expansion unit cooler basic models with the alternate test procedure set forth in paragraph (2). Basic Model Numbers: BILLING CODE 6450–01–P E:\FR\FM\10AUN1.SGM 10AUN1 43638 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices LAA-0607-1 LAE-0577-2 LAG-0577-1 LAH-0577-1 LPA-0607-1 LPE-0577-2 LPG-0577-1 LPH-0577-1 LAA-0607-2 LAE-0577-5 LAG-0577-2 LAH-0577-2 LPA-0607-2 LPE-0577-5 LPG-0577-2 LPH-0577-2 LAA-0757-1 LAE-0727-2 LAG-0727-1 LAH-0727-1 LPA-0707-1 LPE-0677-2 LPG-0677-1 LPH-0677-1 LAA-0757-2 LAE-0727-5 LAG-0727-2 LAH-0727-2 LPA-0707-2 LPE-0677-5 LPG-0677-2 LPH-0677-2 LAA-0957-1 LAE-0907-2 LAG-0907-1 LAH-0907-1 LPA-0807-1 LPE-0767-2 LPG-0767-1 LPH-0767-1 LAA-0957-2 LAE-0907-5 LAG-0907-2 LAH-0907-2 LPA-0807-2 LPE-0767-5 LPG-0767-2 LPH-0767-2 LAA-1207-1 LAE-1147-2 LAG-1147-1 LAH-1147-1 LPA-1007-1 LPE-0957-2 LPG-0957-1 LPH-0957-1 LAA-1207-2 LAE-1147-5 LAG-1147-2 LAH-1147-2 LPA-1007-2 LPE-0957-5 LPG-0957-2 LPH-0957-2 LAA-1507-1 LAE-1437-2 LAG-1437-1 LAH-1437-1 LPA-1207-1 LPE-1157-2 LPG-1157-1 LPH-1157-1 LAA-1507-2 LAE-1437-5 LAG-1437-2 LAH-1437-2 LPA-1207-2 LPE-1157-5 LPG-1157-2 LPH-1157-2 LAA-1807-1 LAE-1707-2 LAG-1707-1 LAH-1707-1 LPA-1607-1 LPE-1527-2 LPG-1527-1 LPH-1527-1 LAA-1807-2 LAE-1707-5 LAG-1707-2 LAH-1707-2 LPA-1607-2 LPE-1527-5 LPG-1527-2 LPH-1527-2 LAA-2407-1 LAE-2307-2 LAG-2307-1 LAH-2307-1 LPA-2007-1 LPE-1907-2 LPG-1907-1 LPH-1907-1 LAA-2407-2 LAE-2307-5 LAG-2307-2 LAH-2307-2 LPA-2007-2 LPE-1907-5 LPG-1907-2 LPH-1907-2 LAA-2807-1 LAE-2707-2 LAG-2707-1 LAH-2707-1 LPA-2107-1 LPE-2007-2 LPG-2007-1 LPH-2007-1 LAA-2807-2 LAE-2707-5 LAG-2707-2 LAH-2707-2 LPA-2107-2 LPE-2007-5 LPG-2007-2 LPH-2007-2 LAA-3007-1 LAE-2867-2 LAG-2867-1 LAH-2867-1 LPA-2407-1 LPE-2307-2 LPG-2307-1 LPH-2307-1 LAA-3007-2 LAE-2867-5 LAG-2867-2 LAH-2867-2 LPA-2407-2 LPE-2307-5 LPG-2307-2 LPH-2307-2 LAA-3607-1 LAE-3437-2 LAG-3437-1 LAH-3437-1 LPA-2807-1 LPE-2707-2 LPG-2707-1 LPH-2707-1 LAA-3607-2 LAE-3437-5 LAG-3437-2 LAH-3437-2 LPA-2807-2 LPE-2707-5 LPG-2707-2 LPH-2707-2 LAA-4207-1 LAE-4007-2 LAG-4007-1 LAH-4007-1 LPA-3507-1 LPE-3347-2 LPG-3347-1 LPH-3347-1 VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.010</GPH> jbell on DSKJLSW7X2PROD with NOTICES Basic Model Numbers: 43639 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices LAA-4207-2 LAE-4007-5 LAG-4007-2 LAH-4007-2 LPA-3507-2 LPE-3347-5 LPG-3347-2 LPH-3347-2 LAA-4607-1 LAE-4387-2 LAG-4387-1 LAH-4387-1 LPA-4207-1 LPE-4007-2 LPG-4007-1 LPH-4007-1 LAA-4607-2 LAE-4387-5 LAG-4387-2 LAH-4387-2 LPA-4207-2 LPE-4007-5 LPG-4007-2 LPH-4007-2 LSA-0457-1 LSE-0437-2 LSR-0437-1 LST-0437-1 LYA-0707-1 LYA-3607-2 LYG-0707-1 LYH-0707-1 LSA-0457-2 LSE-0437-5 LSR-0437-2 LST-0437-2 LVA-0707-2 LVA-3607-5 LVG-0707-2 LVH-0707-2 LSA-0557-1 LSE-0527-2 LSR-0527-1 LST-0527-1 LVA-0707-5 LVA-4207-1 LVG-0807-1 LVH-0807-1 LSA-0557-2 LSE-0527-5 LSR-0527-2 LST-0527-2 LVA-0807-1 LVA-4207-2 LVG-0807-2 LVH-0807-2 LSA-0657-1 LSE-0627-2 LSR-0627-1 LST-0627-1 LVA-0807-2 LVA-4207-5 LVG-0907-1 LVH-0907-1 LSA-0657-2 LSE-0627-5 LSR-0627-2 LST-0627-2 LVA-0807-5 LVE-0707-2 LVG-0907-2 LVH-0907-2 LSA-0757-1 LSE-0727-2 LSR-0727-1 LST-0727-1 LVA-0907-1 LVE-0707-5 LVG-1207-1 LVH-1207-1 LSA-0757-2 LSE-0727-5 LSR-0727-2 LST-0727-2 LVA-0907-2 LVE-0807-2 LVG-1207-2 LVH-1207-2 LSA-0927-1 LSE-0887-2 LSR-0887-1 LST-0887-1 LVA-0907-5 LVE-0807-5 LVG-1507-1 LVH-1507-1 LSA-0927-2 LSE-0887-5 LSR-0887-2 LST-0887-2 LVA-1207-1 LVE-0907-2 LVG-1507-2 LVH-1507-2 LSA-1087-1 LSE-1037-2 LSR-1037-1 LST-1037-1 LVA-1207-2 LVE-0907-5 LVG-1907-1 LVH-1907-1 LSA-1087-2 J ,SE-1017-5 LSR-1017-2 LST-1017-2 LVA-1207-5 LVE-1207-2 J ,VG-1907-2 J ,V]J. 1907-2 LVH-2407-1 LSA-1307-1 LSE-1247-2 LSR-1247-1 LST-1247-1 LVA-1507-1 LVE-1207-5 LVG-2407-1 LSA-1107-2 J ,SE-1247-5 LSR-1247-2 LST-1247-2 LVA-1507-2 LVE-1507-2 J ,VG-2407-2 J ,VJJ-2407-2 LSA-1407-1 LSE-1337-2 LSR-1337-1 LST-1337-1 LVA-1507-5 LVE-1507-5 LVG-2707-1 LVH-2707-1 LSA-1407-2 LSE-1337-5 LSR-1337-2 LST-1337-2 LVA-1907-1 LVE-1907-2 LVG-2707-2 LVII-2707-2 LSA-1607-1 LSE-1527-2 LSR-1527-1 LST-1527-1 LVA-1907-2 LVE-1907-5 LVG-3007-1 LVH-3007-1 LSA-1607-2 LSE-1527-5 LSR-1527-2 LST-1527-2 LYA-1907-5 LYE-2407-2 LYG-3007-2 LYH-3007-2 LSA-1907-1 LSE-1807-2 LSR-1807-1 LST-1807-1 LVA-2407-1 LVE-2407-5 LVG-3607-1 LVH-3607-1 LSA-1907-2 LSE-1807-5 LSR-1807-2 LST-1807-2 LYA-2407-2 LYE-2707-2 LYG-3607-2 LYH-3607-2 LSA-2307-1 LSE-2207-2 LSR-2207-1 LST-2207-1 LVA-2407-5 LVE-2707-5 LVG-4207-1 LVH-4207-1 LSA-2307-2 LSE-2207-5 LSR-2207-2 LST-2207-2 LVA-2707-1 LVE-2707-8 LVG-4207-2 LVH-4207-2 LSA-2607-1 LSE-2407-2 LSR-2407-1 LST-2407-1 LVA-2707-2 LVE-2707-9 LSA-2607-2 LSE-2407-5 LSR-2407-2 LST-2407-2 LVA-2707-5 LVE-3007-2 LSA-3207-1 LSE-3007-2 LSR-3007-1 LST-3007-1 LVA-3007-1 LVE-3007-5 LSA-3207-2 LSE-3007-5 LSR-3007-2 LST-3007-2 LVA-3007-2 LVE-3607-2 LSA-3907-1 LSE-3707-2 LSR-3707-1 LST-3707-1 LVA-3007-5 LVE-3607-5 LSA-3907-2 LSE-3707-5 LSR-3707-2 LST-3707-2 LVA-3607-1 LVE-4207-2 EJA-02600A-5 EJE-02500A-5 EJG-02600A-5 EJII-02600A-5 EJR-02600A-5 EJT-02600A-5 EQA-04900A-5 EQE-04800A-5 EJA-02600A-9 EJE-02500A-9 EJG-02600A-9 EJH-02600A-9 EJR-02600A-9 EJT-02600A-9 EQA-04900A-9 EQE-04800A-9 EJA-03200A-5 EJE-031 00A-5 EJG-03200A-5 EJH-03200A-5 EJR-03200A-5 EJ'J'-03200A-5 EQA-05800A-5 EQE-05700A-5 EJA-03200A-9 EJE-031 00A-9 EJG-03200A-9 EJH-03200A-9 EJR-03200A-9 EJT-03200A-9 EQA-05800A-9 EQE-05700A-9 EJA-03800A-5 EJE-03700A-5 EJG-03800A-5 EJH-03800A-5 EJR-03800A-5 EJ'J'-03800A-5 EQA-06800A-5 EQE-06700A-5 EJA-03800A-9 EJE-03700A-9 EJG-03800A-9 EJH-03800A-9 EJR-03800A-9 EJT-03800A-9 EQA-06800A-9 EQE-06700A-9 EJA-05200A-5 EJE-051 00A-5 EJG-05200A-5 EJH-05200A-5 EJR-05200A-5 EJ'J'-05200A-5 EQA-09900A-5 EQE-09600A-5 EJA-05200A-9 EJE-05 I 00A-9 EJG-05200A-9 EJH-05200A-9 EJR-05200A-9 EJT-05200A-9 EQA-09900A-9 EQE-09600A-9 EJA-06300A-5 EJE-06200A-5 EJG-06300A-5 EJH-06300A-5 EJR-06300A-5 EJT-06300A-5 EQA-11600A-5 EQE-llS00A-5 EJA-06300A-9 EJE-06200A-9 EJG-06300A-9 EJH-06300A-9 EJR-06300A-9 EJT-06300A-9 EQA-l 1600A-9 EQE-l lS00A-9 EJA-07700A-5 EJE-07600A-5 EJG-07700A-5 EJH-07700A-5 EJR-07700A-5 EJT-07700A-5 EQA-13600A-5 EQE-13400A-5 EJA-07700A-9 EJE-07600A-9 EJG-07700A-9 EJH-07700A-9 EJR-07700A-9 EJT-07700A-9 EQA-13600A-9 EQE-13400A-9 EJA-09500A-5 EJE-09300A-5 EJG-09500A-5 EJH-09500A-5 EJR-09500A-5 EJT-09500A-5 EQA-l 7500A-5 EQE-l 7200A-5 EJA-09500A-9 EJE-09300A-9 EJG-09500A-9 EJH-09500A-9 EJR-09500A-9 EJT-09500A-9 EQA-l 7500A-9 EQE-17200A-9 EJA-11600A-5 EJE-11500A-5 EJG-11600A-5 EJH-l 1600A-5 EJR-11600A-5 EJT-116001\-5 EQA-20400A-5 EQE-20300A-5 VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.011</GPH> jbell on DSKJLSW7X2PROD with NOTICES LVE-4207-5 43640 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices EJA-11600A-9 EJE-11500A-9 EJG-11600A-9 EJH-11600A-9 EJR-11600A-9 EJT-11600A-9 EQA-20400A-9 EQE-20300A-9 EJA-12700A-5 EJE-15300A-5 EJG-12700A-5 EJH-12700A-5 EJR-12700A-5 EJT-12700A-5 EQA-23400A-5 EQE-26800A-5 EJA-12700A-9 EJE-15300A-9 EJG-12700A-9 EJH-12700A-9 EJR-12700A-9 EJT-12700A-9 EQA-23400A-9 EQE-26800A-9 EJA-15400A-5 EJE-19000A-5 EJG-15400A-5 EJH-15400A-5 EJR-15400A-5 EJT-15400A-5 EQA-26500A-5 EQE-33700A-5 EJA-15400A-9 EJE-19000A-9 EQE-33700A-9 EJH-15400A-9 EJR-15400A-9 EJT-15400A-9 EQA-26500A-9 EJG-19400A-5 EJH-19400A-5 EJR-19400A-5 EJT-19400A-5 EQA-34200A-5 EJA-19400A-9 EJG-19400A-9 EJH-19400A-9 EJR-19400A-9 EJT-19400A-9 EQA-34200A-9 EJA-2IO00A-5 EJG-2IO00A-5 EJH-2IO00A-5 EJR-2IO00A-5 EJT-2IO00A-5 EQA-44400A-5 EJA-2IO00A-9 EJG-21000A-9 EJH-2IO00A-9 EJR-2IO00A-9 EJT-2IO00A-9 EQA-44400A-9 EQR-04900A-5 EQT-04900A-5 EKA-1400-2 EKE-2200-5 EKR-4000-5 jbell on DSKJLSW7X2PROD with NOTICES EQG-04900A-5 EQH-04900A-5 EMA-02150-2 EQG-04900A-9 EQH-04900A-9 EQR-04900A-9 EQT-04900A-9 EKA-1600-2 EKE-2900-2 EKR-5000-2 EMA-02150-5 EQG-05800A-5 EQH-05800A-5 EQR-05800A-5 EQT-05800A-5 EKA-1800-2 EKE-2900-5 EKR-5000-5 EMA-02550-2 EQG-05800A-9 EQII-05800A-9 EQR-05800A-9 EQT-05800A-9 EKA-2100-2 EKE-3400-2 EKR-6000-2 EMA-02550-5 EQG-06800A-5 EQH-06800A-5 EQR-06800A-5 EQT-06800A-5 EKA-2100-5 EKE-3400-5 EKR-6000-5 EMA-03000-2 EQG-06800A-9 EQH-06800A-9 EQR-06800A-9 EQT-06800A-9 EKA-2400-2 EKE-4000-2 EKT-1300-2 EMA-03000-5 EQG-09900A-5 EQH-09900A-5 EQR-09900A-5 EQT-09900A-5 EKA-2400-5 EKE-4000-5 EKT-1500-2 EMA-04300-2 EQG-09900A-9 EQH-09900A-9 EQR-09900A-9 EQT-09900A-9 EKA-3000-2 EKE-5000-2 EKT-1700-2 EMA-04300-5 EQG-11600A-5 EQH-11600A-5 EQR-11600A-5 EQT-I 1600A-5 EKA-3000-5 EKE-5000-5 EKT-1700-5 EMA-05100-2 EQG-11600A-9 EQH-11600A-9 EQR-11600A-9 EQT-11600A-9 EKA-3600-2 EKE-6000-2 EKT-2000-2 EMA-05100-5 EQG-13600A-5 EQH-13600A-5 EQR-13600A-5 EQT-13600A-5 EKA-3600-5 EKE-6000-5 EKT-2000-5 EMA-06000-2 EQG-13600A-9 EQH-13600A-9 EQR-13600A-9 EQT-13600A-9 EKA-4200-2 EKR-1300-2 EKT-2200-2 EMA-06000-5 EQG-17500A-5 EQII-17500A-5 EQR-17500A-5 EQT-17500A-5 EKA-4200-5 EKR-1500-2 EKT-2200-5 EMA-07650-2 EQG-17500A-9 EQH-17500A-9 EQR-17500A-9 EQT-17500A-9 EKA-5400-2 EKR-1700-2 EKT-2900-2 EMA-07650-5 EQG-20400A-5 EQH-20400A-5 EQR-20400A-5 EQT-20400A-5 EKA-5400-5 EKR-1700-5 EKT-2900-5 EMA-09000-2 EQG-20400A-9 EQII-20400A-9 EQR-20400A-9 EQT-20400A-9 EKA-6300-2 EKR-2000-2 EKT-3400-2 EMA-09000-5 EQG-23400A-5 EQH-23400A-5 EQR-23400A-5 EQT-23400A-5 EKA-6300-5 EKR-2000-5 EKT-3400-5 EMA-10200-2 EQG-23400A-9 EQH-23400A-9 EQR-23400A-9 EQT-23400/\-9 EKE-1300-2 EKR-2200-2 EKT-4000-2 EMA-10200-5 EQG-26500A-5 EQII-26500A-5 EQR-26500A-5 EQT-26500A-5 EKE-1500-2 EKR-2200-5 EKT-4000-5 EMA-12000-2 EQG-26500A-9 EQH-26500A-9 EQR-26500A-9 EQT-26500A-9 EKE-1700-2 EKR-2900-2 EKT-5000-2 EMA-12000-5 EQG-34200A-5 EQH-34200A-5 EQR-34200A-5 EQT-34200A-5 EKE-1700-5 EKR-2900-5 EKT-5000-5 EMA-16100-5 EQG-34200A-9 EQII-34200A-9 EQR-34200A-9 EQT-34200A-9 EKE-2000-2 EKR-3400-2 EKT-6000-2 EQG-44400A-5 EQH-44400A-5 EQR-44400A-5 EQT-44400A-5 EKE-2000-5 EKR-3400-5 EKT-6000-5 EQG-44400A-9 EQH-44400A-9 EQR-44400A-9 EQT-44400A-9 EKE-2200-2 EKR-4000-2 EME-02000-2 EMF.-07200-5 EMG-04000-2 F.MG-11600-5 EMH-07200-2 F,\,fR-02900-5 F.MR-11600-2 EMT-05800-5 EME-02000-5 EME-08700-2 EMG-04000-5 EMH-02000-2 EMH-07200-5 E\.iR-04000-2 EMR-11600-5 EMT-07200-2 EME-02400-2 EME-08700-5 EMG-04800-2 EMII-02000-5 EMII-08700-2 E\.iR-04000-5 EMT-02000-2 EMT-07200-5 EME-02400-5 EME-09600-2 EMG-04800-5 EMH-02400-2 EMH-08700-5 E\.iR-04800-2 EMT-02000-5 EMT-08700-2 EME-02900-2 EME-09600-5 EMG-05800-2 EMH-02400-5 EMH-09600-2 E\.iR-04800-5 EMT-02400-2 EMT-08700-5 EME-02900-5 EME-11600-2 EMG-05800-5 EMH-02900-2 EMH-09600-5 E\.IR-05800-2 EMT-02400-5 EMT-09600-2 EME-04000-2 EME-11600-5 EMG-07200-2 EMH-02900-5 EMH-11600-2 E\.IR-05800-5 EMT-02900-2 EMT-09600-5 EME-04000-5 EMG-02000-2 EMG-07200-5 EMH-04000-2 EMH-11600-5 E\.iR-07200-2 EMT-02900-5 EMT-11600-2 EME-04800-2 EMG-02000-5 EMG-08700-2 EMH-04000-5 EMR-02000-2 E\.IR-07200-5 EMT-04000-2 EMT-11600-5 EME-04800-5 EMG-02400-2 EMG-08700-5 F.MH-04800-2 EMR-02000-5 F,\,fR-08700-2 F.MT-04000-5 EME-05800-2 EMG-02400-5 EMG-09600-2 EMH-04800-5 EMR-02400-2 E\.iR-08700-5 EMT-04800-2 EME-05800-5 EMG-02900-2 EMG-09600-5 EMH-05800-2 EMR-02400-5 E\.IR-09600-2 EMT-04800-5 EME-07200-2 EMG-02900-5 EMG-11600-2 F.MH-05800-5 EMR-02900-2 F,\,fR-09600-5 F.MT-05800-2 (2) The alternate test procedure for the RefPlus basic models identified in VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 paragraph (1) of this Interim Waiver Order is the test procedure for walk-in PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 cooler and walk-in freezer refrigeration systems prescribed by DOE at 10 CFR E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.012</GPH> EJG-15400A-9 EJA-19400A-5 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices part 431, subpart R, appendix C (‘‘Appendix C’’), except that the liquid inlet saturation temperature test condition and liquid inlet subcooling temperature test condition shall be modified to 38 °F and 5 °F, respectively, for both walk-in refrigerator unit coolers and walk-in freezer unit coolers, as detailed below. All other requirements of Appendix C and DOE’s regulations remain applicable. 43641 In Appendix C, under section 3.1. General modifications: Test Conditions and Tolerances, revise section 3.1.5., to read as follows: 3.1.5. Tables 15 and 16 shall be modified to read as follows: TABLE 15-REFRIGERATOR UNIT COOLER Unit Unit cooler cooler air air entering Liquid entering relative Saturated inlet Liquid inlet Test dry-bulb, humidity, suction saturation subcooling Compressor OF % temp, °F temp, °F temp, °F capacity description Test ob.iective Off Cycle Fan Power 35 <50 - - Refrigeration Capacity Suction A 35 <50 25 38 Compressor Measure fan Off input power during compressor off cycle. - 5 Compressor Determine Net On Refrigeration Capacity of Unit Cooler. VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.013</GPH> jbell on DSKJLSW7X2PROD with NOTICES Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default superheat value of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating. 43642 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices TABLE 16-FREEZER UNIT COOLER Unit cooler air entering Test dry-bulb, OF description Unit cooler air entering Liquid Liquid relative Saturated inlet inlet humidity, suction saturation subcooling % temp, °F temp, °F temp, °F Off Cycle Fan Power -10 <50 Refrigeration Capacity Suction A -10 <50 Defrost -10 Various - - -20 - - Test objective Compressor Off Measure fan input power during compressor off cycle. - 5 38 Compressor capacity - Compressor On Determine Net Refrigeration Capacity of !Unit Cooler. Compressor Off Test according to k<\.ppendix C Section Cl 1. (3) Representations. RefPlus may not make representations about the energy efficiency of a basic model listed in paragraph (1) for compliance, marketing, or other purposes unless that basic model has been tested in accordance with the provisions set forth in this alternate test procedure and such representations fairly disclose the results of such testing. (4) This Interim Waiver Order shall remain in effect according to the provisions of 10 CFR 431.401. (5) This Interim Waiver Order is issued on the condition that the statements, representations, test data, and documentary materials provided by RefPlus are valid. If RefPlus 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 RefPlus 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 VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 determines the factual basis underlying the petition for the Interim Waiver Order is incorrect, or the results from the alternate test procedure are unrepresentative of the basic model’s true energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise, RefPlus may request that DOE rescind or modify the Interim Waiver Order if RefPlus 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 RefPlus from the applicable requirements set forth at 10 CFR part 429. DOE makes decisions on waivers and interim waivers for only those basic models specifically set out in the petition, not future models that may be manufactured by the petitioner. RefPlus 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 appropriate, RefPlus 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 August 3, 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 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.014</GPH> jbell on DSKJLSW7X2PROD with NOTICES Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default superheat value of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating. 43643 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices Signed in Washington, DC, on August 5, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. the legal effect of this document upon publication in the Federal Register. The design characteristics constituting the grounds for the Interim Waiver Application: • Appendix C to Subpart R of Part 431—Uniform Test Method for the OF Request for Interim Waiver from a DOE test procedure pursuant to CO2 Direct Expansion Unit Coolers in Medium and Low Temperature Measurement of Net Capacity and AWEF of Walk-in Cooler and Walk-in Freezer Refrigeration Systems specifies that unit coolers tested alone use the test procedures described in AHRI 1250–2009. Table 15 and Table 16 of AHRI 1250–2009 are as follows: Unit cooler air entering Liquid relative Saturated inlet Liquid inlet humidity, suction saturation subcooling Compressor % temp, °F temp, °F temp, °F capacity Off Cycle Fan Power 35 <50 - - Refrigeration Capacity Suction A 35 <50 25 105 9 Compressor Determine Net On Refrigeration Capacity of Unit Cooler. Refrigeration Capacity Suction B 35 <50 20 105 9 Compressor Determine Net On Refrigeration Capacity of Unit Cooler. Compressor Measure fan Off input power during compressor of1 cycle. EN10AU21.016</GPH> - Test objective VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.015</GPH> jbell on DSKJLSW7X2PROD with NOTICES Test description Unit cooler air entering dry-bulb, Application for Interim Waiver provisions described in 10 CFR 431.401 for the following product on the grounds that ‘‘the basic model contains one or more design characteristics that prevent testing of the basic model according to the prescribed test procedures.’’ 43644 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices Unit Unit cooler cooler air air entering Liquid entering relative Saturated inlet Liquid inlet Test dry-bulb, humidity, suction saturation subcooling Compressor OF description % temp, °F temp, °F temp, °F capacity Off Cycle Fan Power -10 <50 - - Refrigeration Capacity Suction A -10 <50 -20 105 9 Compressor Determine Net On Refrigeration Capacity of Unit Cooler. Refrigeration Capacity Suction B -10 <50 -26 105 9 Compressor Determine Net On Refrigeration Capacity of Unit Cooler. Defrost -10 Various - - • CO2 refrigerant has a critical temperature of 87.8 °F thus the liquid inlet saturation temperature of 105 °F and the liquid inlet subcooling LAE-0577-2 - temperature of 9 °F as specified in Table 15 and Table 16 are not achievable. • The test condition values need to be more inline with typical operating LAG-0577-1 LAH-0577-1 LPA-0607-1 Compressor Measure fan Off input power during compressor of1 cycle. Compressor Test according Off to Appendix C Section C11. conditions for a CO2 refrigeration application LPE-0577-2 LPG-0577-1 LPH-0577-1 LAA-0607-2 LAE-0577-5 LAG-0577-2 LAH-0577-2 LPA-0607-2 LPE-0577-5 LPG-0577-2 LPH-0577-2 LAA-0757-1 LAE-0727-2 LAG-0727-1 LAH-0727-1 LPA-0707-1 LPE-0677-2 LPG-0677-1 LPH-0677-1 LAA-0757-2 LAE-0727-5 LAG-0727-2 LAH-0727-2 LPA-0707-2 LPE-0677-5 LPG-0677-2 LPH-0677-2 LAA-0957-1 LAE-0907-2 LAG-0907-1 LAH-0907-1 LPA-0807-1 LPE-0767-2 LPG-0767-1 LPH-0767-1 LAA-0957-2 LAE-0907-5 LAG-0907-2 LAH-0907-2 LPA-0807-2 LPE-0767-5 LPG-0767-2 LPH-0767-2 LAA-1207-1 LAE-1147-2 LAG-1147-1 LAH-1147-1 LPA-1007-1 LPE-0957-2 LPG-0957-1 LPH-0957-1 LAA-1207-2 LAE-1147-5 LAG-1147-2 LAH-1147-2 LPA-1007-2 LPE-0957-5 LPG-0957-2 LPH-0957-2 LAA-1507-1 LAE-1437-2 LAG-1437-1 LAH-1437-1 LPA-1207-1 LPE-1157-2 LPG-1157-1 LPH-1157-1 LAA-1507-2 LAE-1437-5 LAG-1437-2 LAH-1437-2 LPA-1207-2 LPE-1157-5 LPG-1157-2 LPH-1157-2 LAA-1807-1 LAE-1707-2 LAG-1707-1 LAH-1707-1 LPA-1607-1 LPE-1527-2 LPG-1527-1 LPH-1527-1 LAA-1807-2 LAE-1707-5 LAG-1707-2 LAH-1707-2 LPA-1607-2 LPE-1527-5 LPG-1527-2 LPH-1527-2 LAA-2407-1 LAE-2307-2 LAG-2307-1 LAH-2307-1 LPA-2007-1 LPE-1907-2 LPG-1907-1 LPH-1907-1 LAA-2407-2 LAE-2307-5 LAG-2307-2 LAH-2307-2 LPA-2007-2 LPE-1907-5 LPG-1907-2 LPH-1907-2 LAE-2707-2 LAG-2707-1 LAH-2707-1 LPA-2107-1 LPE-2007-2 LPG-2007-1 LPH-2007-1 LAE-2707-5 LAG-2707-2 LAH-2707-2 LPA-2107-2 LPE-2007-5 LPG-2007-2 LPH-2007-2 EN10AU21.018</GPH> LAA-2807-1 LAA-2807-2 VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.017</GPH> jbell on DSKJLSW7X2PROD with NOTICES LAA-0607-1 - Test objective Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices LAA-3007-1 LAE-2867-2 LAG-2867-1 LAH-2867-1 LPA-2407-1 LPE-2307-2 LPG-2307-1 LPH-2307-1 LAA-3007-2 LAE-2867-5 LAG-2867-2 LAH-2867-2 LPA-2407-2 LPE-2307-5 LPG-2307-2 LPH-2307-2 LAA-3607-1 LAE-3437-2 LAG-3437-1 LAH-3437-1 LPA-2807-1 LPE-2707-2 LPG-2707-1 LPH-2707-1 LAA-3607-2 LAE-3437-5 LAG-3437-2 LAH-3437-2 LPA-2807-2 LPE-2707-5 LPG-2707-2 LPH-2707-2 LAA-4207-1 LAE-4007-2 LAG-4007-1 LAH-4007-1 LPA-3507-1 LPE-3347-2 LPG-3347-1 LPH-3347-1 LAA-4207-2 LAE-4007-5 LAG-4007-2 LAH-4007-2 LPA-3507-2 LPE-3347-5 LPG-3347-2 LPH-3347-2 LAA-4607-1 LAE-4387-2 LAG-4387-1 LAH-4387-1 LPA-4207-1 LPE-4007-2 LPG-4007-1 LPH-4007-1 LAA-4607-2 LAE-4387-5 LAG-4387-2 LAH-4387-2 LPA-4207-2 LPE-4007-5 LPG-4007-2 LPH-4007-2 LSA-0457-1 LSE-0437-2 LSR-0437-1 LST-0437-1 LVA-0707-1 LVA-3607-2 LVG-0707-1 LVH-0707-1 LSA-0457-2 LSE-0437-5 LSR-0437-2 LST-0437-2 LVA-0707-2 LVA-3607-5 LVG-0707-2 LVH-0707-2 LSA-0557-1 LSE-0527-2 LSR-0527-1 LST-0527-1 LVA-0707-5 LVA-4207-1 LVG-0807-1 LVH-0807-1 LSA-0557-2 LSE-0527-5 LSR-0527-2 LST-0527-2 LVA-0807-1 LVA-4207-2 LVG-0807-2 LVH-0807-2 LSA-0657-1 LSE-0627-2 LSR-0627-1 LST-0627-1 LVA-0807-2 LVA-4207-5 LVG-0907-1 LVH-0907-1 LSA-0657-2 LSE-0627-5 LSR-0627-2 LST-0627-2 LVA-0807-5 LVE-0707-2 LVG-0907-2 LVH-0907-2 LSA-0757-1 LSE-0727-2 LSR-0727-1 LST-0727-1 LVA-0907-1 LVE-0707-5 LVG-1207-1 LVH-1207-1 LSA-0757-2 LSE-0727-5 LSR-0727-2 LST-0727-2 LVA-0907-2 LVE-0807-2 LVG-1207-2 LVH-1207-2 LSA-0927-1 LSE-0887-2 LSR-0887-1 LST-0887-1 LVA-0907-5 LVE-0807-5 LVG-1507-1 LVH-1507-1 LSA-0927-2 LSE-0887-5 LSR-0887-2 LST-0887-2 LVA-1207-1 LVE-0907-2 LVG-1507-2 LVH-1507-2 LSA-1087-1 LSE-1037-2 LSR-1037-1 LST-1037-1 LVA-1207-2 LVE-0907-5 LVG-1907-1 LVH-1907-1 LSA-1087-2 LSE-1037-5 LSR-1037-2 LST-1037-2 LVA-1207-5 LVE-1207-2 LVG-1907-2 LVH-1907-2 LSA-1307-1 LSE-1247-2 LSR-1247-1 LST-1247-1 LVA-1507-1 LVE-1207-5 LVG-2407-1 LVH-2407-1 LSA-1307-2 LSE-1247-5 LSR-1247-2 LST-1247-2 LVA-1507-2 LVE-1507-2 LVG-2407-2 LVH-2407-2 LSA-1407-1 LSE-1337-2 LSR-1337-1 LST-1337-1 LVA-1507-5 LVE-1507-5 LVG-2707-1 LVH-2707-1 LSA-1407-2 LSE-1337-5 LSR-1337-2 LST-1337-2 LVA-1907-1 LVE-1907-2 LVG-2707-2 LVH-2707-2 LSA-1607-1 LSE-1527-2 LSR-1527-1 LST-1527-1 LVA-1907-2 LVE-1907-5 LVG-3007-1 LVH-3007-1 LSA-1607-2 LSE-1527-5 LSR-1527-2 LST-1527-2 LVA-1907-5 LVE-2407-2 LVG-3007-2 LVH-3007-2 LSA-1907-1 LSE-1807-2 LSR-1807-1 LST-1807-1 LVA-2407-1 LVE-2407-5 LVG-3607-1 LVH-3607-1 LSA-1907-2 LSE-1807-5 LSR-1807-2 LST-1807-2 LVA-2407-2 LVE-2707-2 LVG-3607-2 LVH-3607-2 LSA-2307-1 LSE-2207-2 LSR-2207-1 LST-2207-1 LVA-2407-5 LVE-2707-5 LVG-4207-1 LVH-4207-1 LSA-2307-2 LSE-2207-5 LSR-2207-2 LST-2207-2 LVA-2707-1 LVE-2707-8 LVG-4207-2 LVH-4207-2 LSA-2607-1 LSE-2407-2 LSR-2407-1 LST-2407-1 LVA-2707-2 LVE-2707-9 LSA-2607-2 LSE-2407-5 LSR-2407-2 LST-2407-2 LVA-2707-5 LVE-3007-2 LSA-3207-1 LSE-3007-2 LSR-3007-1 LST-3007-1 LVA-3007-1 LVE-3007-5 LSA-3207-2 LSE-3007-5 LSR-3007-2 LST-3007-2 LVA-3007-2 LVE-3607-2 LSA-3907-1 LSE-3707-2 LSR-3707-1 LST-3707-1 LVA-3007-5 LVE-3607-5 LSA-3907-2 LSE-3707-5 LSR-3707-2 LST-3707-2 LVA-3607-1 LVE-4207-2 EJA-02600A-5 EJE-02500A-5 EJG-02600A-5 EJ H-02600A-5 EJR-02600A-5 EJT-02600A-5 EQA-04900A-5 EQE-04800A-5 EJA-02600A-9 EJE-02500A-9 EJG-02600A-9 EJ H-02600A-9 EJR-02600A-9 EJT-02600A-9 EQA-04900A-9 EQE-04800A-9 EJA-03200A-5 EJE-03100A-5 EJG-03200A-5 EJ H-03200A-5 EJR-03200A-5 EJT-03200A-5 EQA-05800A-5 EQE-05700A-5 EJA-03200A-9 EJE-03100A-9 EJG-03200A-9 EJ H-03200A-9 EJR-03200A-9 EJT-03200A-9 EQA-0SB00A-9 EQE-05700A-9 EJA-03800A-5 EJE-03700A-5 EJG-03800A-S EJ H-03800A-5 EJR-03800A-5 EJT-03800A-S EQA-06800A-5 EQE-06700A-5 EJA-03800A-9 EJE-03700A-9 EJG-03800A-9 EJ H-03800A-9 EJR-03800A-9 EJT-03800A-9 EQA-06800A-9 EQE-06700A-9 EJA-05200A-5 EJE-0SlO0A-5 EJG-05200A-S EJ H-05200A-5 EJR-05200A-5 EJT-05200A-S EQA-09900A-5 EQE-09600A-5 EJA-05200A-9 EJE-0SlO0A-9 EJG-05200A-9 EJ H-05200A-9 EJR-05200A-9 EJT-05200A-9 EQA-09900A-9 EQE-09600A-9 43645 VerDate Sep<11>2014 EJA-06300A-5 EJE-06200A-5 EJG-06300A-5 EJ H-06300A-5 EJR-06300A-5 EJT-06300A-5 EQA-11600A-5 EQE-llS00A-5 EJA-06300A-9 EJE-06200A-9 EJG-06300A-9 EJ H-06300A-9 EJR-06300A-9 EJT-06300A-9 EQA-11600A-9 EQE-llS00A-9 EJA-07700A-5 EJE-07600A-5 EJG-07700A-S EJH-07700A-5 EJR-07700A-5 EJT-07700A-5 EQA-13600A-5 EQE-13400A-5 17:05 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.019</GPH> jbell on DSKJLSW7X2PROD with NOTICES LVE-4207-5 VerDate Sep<11>2014 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices EJA-07700A-9 EJ E-07600A-9 EJG-07700A-9 EJH-07700A-9 EJ R-07700A-9 EJT-07700A-9 EQA-13600A-9 EQE-13400A-9 EJA-09500A-5 EJE-09300A-5 EJG-09500A-5 EJH-09500A-5 EJR-09500A-5 EJT-09500A-5 EQA-17500A-5 EQE-17200A-5 EJA-09500A-9 EJ E-09300A-9 EJG-09500A-9 EJH-09500A-9 EJR-09500A-9 EJT-09500A-9 EQA-17500A-9 EQE-17200A-9 EJA-11600A-5 EJE-11500A-5 EJG-11600A-5 EJH-11600A-5 EJR-11600A-5 EJT-11600A-5 EQA-20400A-5 EQE-20300A-5 EJA-11600A-9 EJE-llS00A-9 EJG-11600A-9 EJH-11600A-9 EJR-11600A-9 EJT-11600A-9 EQA-20400A-9 EQE-20300A-9 EJA-12700A-5 EJE-15300A-5 EJG-12700A-5 EJH-12700A-5 EJR-12700A-5 EJT-12700A-5 EQA-23400A-5 EQE-26800A-5 EJA-12700A-9 EJE-15300A-9 EJG-12700A-9 EJH-12700A-9 EJR-12700A-9 EJT-12700A-9 EQA-23400A-9 EQE-26800A-9 EJA-15400A-5 EJE-19000A-5 EJG-15400A-5 EJH-15400A-5 EJ R-15400A-5 EJT-15400A-5 EQA-26500A-5 EQE-33700A-5 EJA-15400A-9 EJE-19000A-9 EJG-15400A-9 EJH-15400A-9 EJR-15400A-9 EJT-15400A-9 EQA-26500A-9 EQE-33700A-9 EJA-19400A-5 EJG-19400A-5 EJH-19400A-5 EJR-19400A-5 EJT-19400A-5 EQA-34200A-5 EJA-19400A-9 EJG-19400A-9 EJH-19400A-9 EJR-19400A-9 EJT-19400A-9 EQA-34200A-9 EJA-21000A-5 EJG-21000A-5 EJH-21000A-5 EJR-21000A-5 EJT-21000A-5 EQA-44400A-5 EJA-21000A-9 EJG-21000A-9 EJH-21000A-9 EJ R-2 lOO0A-9 EJT-21000A-9 EQA-44400A-9 EQG-04900A-5 EQH-04900A-5 EQR-04900A-5 EQT-04900A-5 EKA-1400-2 EKE-2200-5 EKR-4000-5 EMA-02150-2 EQG-04900A-9 EQH-04900A-9 EQR-04900A-9 EQT-04900A-9 EKA-1600-2 EKE-2900-2 EKR-5000-2 EMA-02150-5 EQG-05800A-5 EQH-05800A-5 EQR-05800A-5 EQT-05800A-5 EKA-1800-2 EKE-2900-5 EKR-5000-5 EMA-02550-2 EQG-05800A-9 EQH-05800A-9 EQR-05800A-9 EQT-05800A-9 EKA-2100-2 EKE-3400-2 EKR-6000-2 EMA-02550-5 EQG-06800A-5 EQH-06800A-5 EQR-06800A-5 EQT-06800A-5 EKA-2100-5 EKE-3400-5 EKR-6000-5 EMA-03000-2 EQG-06800A-9 EQH-06800A-9 EQR-06800A-9 EQT-06800A-9 EKA-2400-2 EKE-4000-2 EKT-1300-2 EMA-03000-5 EQG-09900A-5 EQH-09900A-5 EQR-09900A-5 EQT-09900A-5 EKA-2400-5 EKE-4000-5 EKT-1500-2 EMA-04300-2 EQG-09900A-9 EQH-09900A-9 EQR-09900A-9 EQT-09900A-9 EKA-3000-2 EKE-5000-2 EKT-1700-2 EMA-04300-5 EQG-11600A-5 EQH-11600A-5 EQR-11600A-5 EQT-11600A-5 EKA-3000-5 EKE-5000-5 EKT-1700-5 EMA-05100-2 EKE-6000-2 EKT-2000-2 EMA-05100-5 EQG-11600A-9 EQH-11600A-9 EQR-11600A-9 EQT-11600A-9 EKA-3600-2 EQG-13600A-5 EQH-13600A-5 EQR-13600A-5 EQT-13600A-5 EKA-3600-5 EKE-6000-5 EKT-2000-5 EMA-06000-2 EQG-13600A-9 EQH-13600A-9 EQR-13600A-9 EQT-13600A-9 EKA-4200-2 EKR-1300-2 EKT-2200-2 EMA-06000-5 EQG-17500A-5 EQH-17500A-5 EQR-17500A-5 EQT-17500A-5 EKA-4200-5 EKR-1500-2 EKT-2200-5 EMA-07650-2 EQG-17500A-9 EQH-17500A-9 EQR-17500A-9 EQT-17500A-9 EKA-5400-2 EKR-1700-2 EKT-2900-2 EMA-07650-5 EQG-20400A-5 EQH-20400A-5 EQR-20400A-5 EQT-20400A-5 EKA-5400-5 EKR-1700-5 EKT-2900-5 EMA-09000-2 EQG-20400A-9 EQH-20400A-9 EQR-20400A-9 EQT-20400A-9 EKA-6300-2 EKR-2000-2 EKT-3400-2 EMA-09000-5 EQG-23400A-5 EQH-23400A-5 EQR-23400A-5 EQT-23400A-5 EKA-6300-5 EKR-2000-5 EKT-3400-5 EMA-10200-2 EQG-23400A-9 EQH-23400A-9 EQR-23400A-9 EQT-23400A-9 EKE-1300-2 EKR-2200-2 EKT-4000-2 EMA-10200-5 EQG-26500A-5 EQH-26500A-5 EQR-26500A-5 EQT-26500A-5 EKE-1500-2 EKR-2200-5 EKT-4000-5 EMA-12000-2 EQG-26500A-9 EQH-26500A-9 EQR-26500A-9 EQT-26500A-9 EKE-1700-2 EKR-2900-2 EKT-5000-2 EMA-12000-5 EQG-34200A-5 EQH-34200A-5 EQR-34200A-5 EQT-34200A-5 EKE-1700-5 EKR-2900-5 EKT-5000-5 EMA-16100-5 EQG-34200A-9 EQH-34200A-9 EQR-34200A-9 EQT-34200A-9 EKE-2000-2 EKR-3400-2 EKT-6000-2 EQG-44400A-5 EQH-44400A-5 EQR-44400A-5 EQT-44400A-5 EKE-2000-5 EKR-3400-5 EKT-6000-5 EQG-44400A-9 EQH-44400A-9 EQR-44400A-9 EQT-44400A-9 EKE-2200-2 EKR-4000-2 EME-02000-2 EME-07200-5 EMG-04000-2 EMG-11600-5 EMH-07200-2 EMR-02900-5 EMR-11600-2 EMT-05800-5 EME-02000-5 EME-08700-2 EMG-04000-5 EMH-02000-2 EMH-07200-5 EMR-04000-2 EMR-11600-5 EMT-07200-2 EME-02400-2 EME-08700-5 EMG-04800-2 EMH-02000-5 EMH-08700-2 EMR-04000-5 EMT-02000-2 EMT-07200-5 EME-02400-5 EME-09600-2 EMG-04800-5 EMH-02400-2 EMH-08700-5 EMR-04800-2 EMT-02000-5 EMT-08700-2 EME-02900-2 EME-09600-5 EMG-05800-2 EMH-02400-5 EMH-09600-2 EMR-04800-5 EMT-02400-2 EMT-08700-5 EME-02900-5 EME-11600-2 EMG-05800-5 EMH-02900-2 EMH-09600-5 EMR-05800-2 EMT-02400-5 EMT-09600-2 EME-04000-2 EME-11600-5 EMG-07200-2 EMH-02900-5 EMH-11600-2 EMR-05800-5 EMT-02900-2 EMT-09600-5 EME-04000-5 EMG-02000-2 EMG-07200-5 EMH-04000-2 EMH-11600-5 EMR-07200-2 EMT-02900-5 EMT-11600-2 EME-04800-2 EMG-02000-5 EMG-08700-2 EMH-04000-5 EMR-02000-2 EMR-07200-5 EMT-04000-2 EMT-11600-5 EME-04800-5 EMG-02400-2 EMG-08700-5 EMH-04800-2 EMR-02000-5 EMR-08700-2 EMT-04000-5 17:05 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.020</GPH> jbell on DSKJLSW7X2PROD with NOTICES 43646 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices EME-05800-2 EMG-02400-5 EMG-09600-2 EMH-04800-5 EMR-02400-2 EMR-08700-5 EMT-04800-2 EME-05800-5 EMG-02900-2 EMG-09600-5 EMH-05800-2 EMR-02400-5 EMR-09600-2 EMT-04800-5 EME-07200-2 EMG-02900-5 EMG-11600-2 EMH-05800-5 EMR-02900-2 EMR-09600-5 EMT-05800-2 All these basic models with brand name: RefPlus Specific Requirements sought to be waived—Petitioning for a waiver and interim waiver to exempt CO2 Direct Expansion Unit Coolers in Medium and Low Temperature application from being tested to the current test procedure. The prescribed test procedure is not appropriate for these products for the reasons stated previously (liquid inlet saturation temperature and liquid inlet subcooling temperature test condition values are not appropriate for a transcritical CO2 booster system application). List of manufacturers of all other basic models marketing in the United States and known to the petitioner to incorporate similar design characteristics— Manufacturer: Heatcraft Refrigeration Products Manufacturer: Heat Transfer Products Group (HTPG) Manufacturer: Hussmann Corp. (Krack) Manufacturer: Keeprite Refrigeration Proposed alternate test procedure 1. Utilize the test procedure as outlined in Appendix C to Subpart R of Part 431—Uniform Test Method for the Measurement of Net Capacity and AWEF of Walk-in Cooler and Walk-in 43647 Freezer Refrigeration Systems with reference to AHRI 1250–2009 with the exception of modifying the test conditions in Table 15 and 16 for liquid inlet saturation temperature and liquid inlet subcooling temperature as noted below. In addition, per Appendix C to Subpart R of 431 use the calculations in AHRI 1250 section 7.9 to determine AWEF and net capacity for unit coolers matched to parallel rack systems. Use AHRI 1250 Table 17, EER for Remote Commercial Refrigerated Display Merchandisers and Storage Cabinets to determine the power consumption of the system. TABLE 15-REFRIGERATOR UNIT COOLER 35 <50 - - Refrigeration Capacity Suction A 35 <50 25 38 - Compressor Measure fan Off input power during compressor off cycle. 5 Com presser Determine Net On Refrigeration Capacity of Unit Cooler. EN10AU21.022</GPH> Off Cycle Fan Power CO2 Liquid inlet subcooling Compressor temp, °F capacity Test objective VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4725 E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.021</GPH> jbell on DSKJLSW7X2PROD with NOTICES Test description Unit cooler air Unit cooler air entering CO2 Liquid entering relative Saturated inlet dry-bulb, humidity, suction saturation OF temp, °F % temp, °F 43648 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices TABLE 16-FREEZER UNIT COOLER Unit cooler air entering CO2 Liquid relative Saturated inlet humidity, suction saturation % temp, °F temp, °F Off Cycle Fan Power -10 <50 - - Refrigeration Capacity Suction A -10 <50 -20 38 Defrost -10 Various - - Success of the application for Interim Waiver will: ensure that manufacturers of CO2 Direct Expansion Unit Coolers in Medium and Low Temperature application 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 requirements set forth. Conclusion RefPlus Inc. seeks an Interim Waiver from DOE’s current requirement to test CO2 direct expansion unit coolers. Request Submitted by: /s/ Michel Lecompte, Vice-President, Research & Development Refplus Inc. [FR Doc. 2021–16997 Filed 8–9–21; 8:45 am] BILLING CODE 6450–01–C jbell on DSKJLSW7X2PROD with NOTICES DEPARTMENT OF ENERGY Agency Information Collection Extension Office of Environment, Health, Safety and Security, U.S. Department of Energy. ACTION: Notice and request for comments. AGENCY: VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 CO2 Liquid inlet subcooling Compressor temp, °F capacity Test objective - 5 Com presser Determine Net On Refrigeration Capacity of Unit Cooler. - The Department of Energy (DOE), pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years, an information collection request with the Office of Management and Budget (OMB). The purpose of this collection is to protect national security and other critical assets entrusted to the Department. DATES: Comments regarding this proposed information collection must be received on or before October 12, 2021. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Written comments may be sent to Sandra Dentinger, AU–70/E–455 Germantown Building, U.S. Department of Energy, 1000 Independence Ave. SW, Washington, DC 20585–1290 or by email at Sandra.Dentinger@hq.doe.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Sandra Dentinger, AU–70/E– 455 Germantown Building, U.S. Department of Energy, 1000 Independence Ave SW, Washington, DC 20585–1290, by email at Sandra.Dentinger@hq.doe.gov or by telephone at (301) 903–5139. SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether the extended collection of information is necessary SUMMARY: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Compressor Measure fan Off input power during compressor off cycle. Compressor Test according Off to Appendix C Section Cll. for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. This information collection request contains: (1) OMB No.: 1910–1800; (2) Information Collection Request Title: Security, Information Collections; (3) Type of Review: renewal; (4) Purpose: The purpose of this collection is to protect national security and other critical assets entrusted to the Department. Information collected is for (1) Foreign Ownership, Control or Influence data from bidders on DOE contracts requiring personnel security clearances; and (2) individuals in the process of applying for a security clearance/access authorization or who already holds one. The collections instruments are: DOE Form 5631.18, Security Acknowledgement; DOE F 5631.20, Request for Visitor Access Approval; DOE Form 5631.29, Security E:\FR\FM\10AUN1.SGM 10AUN1 EN10AU21.023</GPH> Test description Unit cooler air entering dry-bulb, OF

Agencies

[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43633-43648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16997]


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DEPARTMENT OF ENERGY

[Case Number 2021-006; EERE-2021-BT-WAV-0014]


Energy Conservation Program: Notification of Petition for Waiver 
of RefPlus Inc. 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.

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SUMMARY: This notification announces receipt of and publishes a 
petition for waiver and interim waiver from RefPlus, Inc. 
(``RefPlus''), which seeks a waiver

[[Page 43634]]

for specified carbon dioxide (``CO2'') direct expansion unit 
cooler basic models from the U.S. Department of Energy (``DOE'') test 
procedure used for determining the efficiency of walk-in cooler and 
walk-in freezer refrigeration systems. DOE also gives notification of 
an Interim Waiver Order that requires RefPlus to test and rate the 
specified CO2 direct expansion unit cooler basic models in 
accordance with the alternate test procedure set forth in the Interim 
Waiver Order. DOE solicits comments, data, and information concerning 
RefPlus's petition and its suggested alternate test procedure so as to 
inform DOE's final decision on RefPlus's waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before September 9, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Alternatively, 
interested persons may submit comments, identified by docket number 
EERE-2021-BT-WAV-0014, by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: to [email protected]. Include docket number 
EERE-2021-BT-WAV-0014 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the Covid-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the 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-2021-BT-WAV-0014. 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 www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, 
Washington, DC 20585-0121. Email: [email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In this notice, DOE is publishing RefPlus's 
petition for waiver in its entirety, pursuant to 10 CFR 
431.401(b)(1)(iv)).\1\ DOE is also publishing the Interim Waiver Order 
granted to RefPlus, which serves as notification of DOE's determination 
regarding RefPlus's petition for an interim waiver, pursuant to 10 CFR 
431.401(e)(1)(ii). DOE invites all interested parties to submit in 
writing by September 9, 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 Michel Lecompte, [email protected], 2777, 
Grande-All[eacute]e St-Hubert, Quebec Canada, J4T 2R4.
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    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
---------------------------------------------------------------------------

    Submitting comments via www.regulations.gov. The 
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 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 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 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 www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to 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. Faxes will not be accepted.

[[Page 43635]]

    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 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. 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 2021-006

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317). Title III, Part C \3\ of 
EPCA, Public Law 94-163 (42 U.S.C. 6291-6309, as codified), added by 
the National Energy Conservation Policy Act, Public Law 95-619, sec. 
441 (Nov. 9, 1978), established the Energy Conservation Program for 
Certain Industrial Equipment, which sets forth a variety of provisions 
designed to improve 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 
(collectively ``walk-ins''), the subject of this Interim Waiver Order. 
(42 U.S.C. 6311(1)(G)).
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    \2\ 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).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6311), energy 
conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C. 
6314), labeling provisions (42 U.S.C. 6315), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the covered equipment 
complies with relevant standards promulgated under EPCA. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)).
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered equipment. EPCA requires that any test procedures 
prescribed or amended under this section must be reasonably designed to 
produce test results which reflect the energy efficiency, energy use or 
estimated annual operating cost of covered equipment during a 
representative average use cycle and requires that test procedures not 
be unduly burdensome to conduct. (42 U.S.C.6314(a)(2)) The test 
procedure for walk-in refrigeration systems is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR part 431, subpart R, appendix 
C, Uniform Test Method for the Measurement of Net Capacity and AWEF of 
Walk-In Cooler and Walk-In Freezer Refrigeration Systems (``Appendix 
C'').
    Under 10 CFR 431.401, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the product type 
in a manner representative of the energy consumption characteristics of 
the basic model. 10 CFR 431.401(b)(1)(iii). DOE may grant the waiver 
subject to conditions, including adherence to alternate test 
procedures. 10 CFR 431.401(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule to that effect. 
Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 431.401(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 
431.401(h)(1).
    If DOE ultimately denies the petition for waiver, or if the 
alternate test procedure specified in the interim waiver differs from 
the alternate test procedure specified by DOE in a subsequent Decision 
and Order, DOE will provide a period of 180 days before the 
manufacturer is required to use the DOE test procedure or the alternate 
test procedure specified in the Decision and Order to make 
representations of energy efficiency. 10 CFR 431.401(i).\4\ When

[[Page 43636]]

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).
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    \4\ In proposing an amendment to 10 CFR 431.401(i), DOE stated 
that--``The 180 day duration was proposed because that time frame is 
consistent with the EPCA provision that provides manufacturers 180 
days from issuance of a new or amended test procedure to begin using 
that test procedure for representation of energy efficiency.'' 84 FR 
18414, 18416 (May 1, 2019); (See 42 U.S.C. 6293(c)(2)). In the final 
rule published December 11, 2020, stated that it was maintaining the 
180-day grace period as proposed. 85 FR 79802, 79813. As such, were 
a Decision and Order issued with an alternate test procedure that 
differed from that required under this interim waiver, beginning 180 
days following publication of the Decision and Order any 
representations made by the petitioner must fairly disclose the 
results of testing in accordance with the alternate test procedure 
specified by the final Order and the applicable requirements of 10 
CFR part 429.
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II. RefPlus's Petition for Waiver and Interim Waiver

    On June 2, 2021, DOE received \5\ from RefPlus a petition for 
waiver and interim waiver from the test procedure for walk-in 
refrigeration systems set forth at 10 CFR part 431, subpart R, appendix 
C. (RefPlus, No. 1 at p. 1).\6\ DOE received an updated petition for 
waiver and interim waiver from RefPlus on July 12, 2021. (RefPlus, No. 
2 at p. 1). The updated petition specifies additional basic models to 
be considered under the waiver request. (RefPlus, No. 2 at pp. 2-5). 
Pursuant to 10 CFR 431.401(b)(1)(iv), DOE has posted both petitions to 
the docket at, at: www.regulations.gov/docket/EERE-2021-BT-WAV-0014 and 
has reproduced the most recent petition for waiver in this notice.\7\
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    \5\ A petition submitted under 10 CFR 431.401 is considered 
``received'' on the date it is received by DOE through DOE's 
established email box for receipt of waiver petitions or, if 
delivered by mail, on the date the waiver petition is stamped as 
received by DOE. 10 CFR 431.401(e)(1)(iii).
    \6\ A notation in the form ``RefPlus, No. 1'' identifies a 
written submission: (1) Made by RefPlus; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2021-BT-WAV-0014) and available at 
www.regulations.gov/docket?D=EERE-2021-BT-WAV-0014.
    \7\ The petition did not identify any of the information 
contained therein as confidential business information.
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    RefPlus claims that the test conditions described in Table 15 and 
Table 16 of the Air-Conditioning, Heating, and Refrigeration Institute 
(``AHRI'') Standard 1250-2009, Standard for Performance Rating of Walk-
In Coolers and Freezers (``AHRI 1250-2009'') (for walk-in refrigerator 
unit coolers and freezer unit coolers tested alone, respectively), as 
incorporated by Appendix C with modification, cannot be achieved by the 
specified basic models and are not consistent with the operation of 
RefPlus's CO2 direct expansion unit coolers. RefPlus also 
stated that CO2 has a critical temperature of 87.8 
[deg]F,\8\ and thus the required liquid inlet saturation temperature of 
105 [deg]F and the required liquid inlet subcooling temperature of 9 
[deg]F are not achievable, and that the test conditions should be more 
consistent with typical operating conditions for a transcritical 
CO2 booster system (RefPlus, No. 2, p. 5).
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    \8\ 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.
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    The statements made by RefPlus reference the difference in 
thermodynamic properties between CO2 and other refrigerants. 
Many substances transition from a solid to a liquid to a gas at a given 
pressure as temperature increases. For example, a pure substance like 
water transitions from liquid to steam at a specific temperature, e.g. 
212 [deg]F, at atmospheric pressure. As heat is added during a liquid 
to gas transition, the temperature remains constant and the substance 
coexists as both liquid and vapor. Continuing to add heat converts more 
of the liquid to vapor at a constant temperature. The reverse occurs 
when heat is removed. However, the transition temperature depends on 
the pressure--the higher the pressure, the higher the transition 
temperature. This is a key principle in refrigeration systems, which 
operate at two pressure levels associated with two temperatures. A 
refrigerant absorbs heat when it is at a low temperature and pressure, 
converting to gas and cooling the surrounding space. At high 
temperature and pressure, the refrigerant transitions to a liquid while 
releasing heat to the environment. A compressor is used to raise a gas 
from low- high-pressure, and a throttle (pressure reduction device) is 
used to reduce the pressure once the refrigerant has been fully 
liquefied (condensed) at high pressure.
    All refrigerants have a ``critical temperature'' and an associated 
``critical pressure'' above which liquid and vapor phases cannot 
coexist. Above this critical point, the refrigerant will be a gas and 
its temperature will increase or decrease as heat is added or removed. 
For conventional refrigerants, the critical temperature is never 
exceeded in typical refrigeration cycles. For example, R404A is a 
common refrigerant used in refrigeration systems and has a critical 
temperature of 161.7 [deg]F with an associated critical pressure of 
540.8 psia.\9\ However, CO2 behaves differently, with a 
critical temperature of 87.8 [deg]F and an associated critical pressure 
of 1,072 psia. The refrigerant temperature must be somewhat higher than 
the ambient temperature in order to reject refrigeration cycle heat to 
the ambient environment. Ambient temperatures greater than 87.8 [deg]F 
are common and the performance of many refrigeration and air 
conditioning systems are tested using a 95 [deg]F ambient temperature, 
as indicated by the A test condition in AHRI 1250-2009 Section 5. Above 
the critical temperature and critical pressure, the CO2 
refrigerant is in a supercritical state and heat is transferred to the 
environment. Since the temperature of the CO2 refrigerant 
ranges from supercritical to subcritical within the system, 
CO2 cycles are said to be ``transcritical.''
---------------------------------------------------------------------------

    \9\ Absolute pressure is the pressure measured relative to a 
complete vacuum; ``psia'' represents the absolute pressure in pounds 
per square inch.
---------------------------------------------------------------------------

    The transcritical nature of CO2 generally requires a 
more complex refrigeration cycle design to approach the efficiency of 
traditional refrigerants (i.e., R404A, R407A, R448A, etc.) during 
operation in high temperature conditions. To increase efficiency and 
prevent overheating, transcritical booster systems introduce (or use) 
multiple stages of compression and intercooling. CO2 is 
cooled in the gas cooler of a transcritical booster system, then 
expands through a high-pressure control valve and is delivered to a 
subcritical-pressure flash tank. In the flash tank, the refrigerant is 
in the subcritical phase and the liquid and vapor phases can be 
separated. In a CO2 booster system, subcooled liquid 
refrigerant from the flash tank supplies the unit cooler via expansion 
valves where the refrigerant is evaporated. The evaporated refrigerant 
is subsequently compressed up to gas cooler pressure to complete the 
cycle (Docket EERE-2021-BT-WAV-0014, No. 5).
    As noted, RefPlus requests an interim waiver from the existing DOE 
test procedure. DOE will review the petition for interim waiver within 
45 business days of receipt of the petition. 10 CFR 431.401(e)(1)(ii). 
If DOE does not notify the applicant of the disposition of the petition 
for interim waiver, in writing, within 45 business days of receipt of 
the petition, the interim waiver is granted utilizing the alternate 
test procedure requested in the petition. Id. 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

[[Page 43637]]

reasons to grant immediate relief pending a determination of the 
petition for waiver. 10 CFR 431.401(e)(2).
    Based on the assertions in the petition, absent an interim waiver, 
the prescribed test procedure is not appropriate for RefPlus's 
CO2 direct expansion unit coolers and the test conditions 
are not achievable. As discussed, CO2 refrigerant has a 
critical temperature of 87.8 [deg]F and the current DOE test procedure 
calls for a liquid inlet saturation temperature of 105 [deg]F. The 
inability to achieve test conditions for the stated basic models would 
result in economic hardship from loss of sales stemming from the 
inability of the DOE test procedure to address the operating conditions 
of RefPlus's equipment. DOE has published decision and orders granting 
a waiver for other equipment relying on the same technology.\10\
---------------------------------------------------------------------------

    \10\ See Notice of Decision and Order granting a waiver to HTPG 
(Case No. 2020-009; 86 FR 14887 (Mar. 19, 2021)); Notice of Decision 
and Order granting a waiver to Hussmann (Case No. 2020-010; 86 FR 
24606 (May 7, 2021)); Notice of Decision and Order granting a waiver 
to KeepRite (Case No. 2020-014; 86 FR 24603 (May 7, 2021)).
---------------------------------------------------------------------------

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of covered equipment. (42 U.S.C. 6314(d)). 
Consistency is important when making representations about the energy 
efficiency of covered equipment, including when demonstrating 
compliance with applicable DOE energy conservation standards. Pursuant 
to 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.
    RefPlus seeks to use an alternate test procedure to test and rate 
specific CO2 direct expansion unit cooler basic models. 
RefPlus's suggested approach specifies using modified liquid inlet 
saturation and liquid inlet subcooling temperatures of 38 [deg]F and 5 
[deg]F, respectively, for both walk-in refrigerator unit coolers and 
walk-in freezer unit coolers. (RefPlus, No. 2 at p. 5). Additionally, 
RefPlus recommended 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 Annual Walk-in 
Efficiency Factor (``AWEF'') and net capacity for unit coolers matched 
to parallel rack systems as required under the DOE test procedure. 
(RefPlus, No. 2 at pp. 5-6). This section of AHRI 1250-2009 is 
prescribed by the DOE test procedure for determining AWEF for all unit 
coolers tested alone (see 10 CFR part 431, subpart R, appendix C, 
section 3.3.1). Finally, RefPlus also recommended 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 (RefPlus, No. 2 at p. 5).

IV. Interim Waiver Order

    DOE has reviewed RefPlus's application for an interim waiver, the 
alternate test procedure requested by RefPlus, and the websites and 
product specification sheets for the basic models listed in RefPlus's 
petition. Based on this review, the suggested alternate test procedure 
appears to allow for the accurate measurement of the energy efficiency 
of the specified basic models, while alleviating the testing issues 
associated with RefPlus's implementation of walk-in cooler and walk-in 
freezer testing for these basic models. Review of the CO2 
refrigeration market confirms that the testing conditions and approach 
suggested by RefPlus would be representative for operation of a unit 
cooler used in a transcritical CO2 booster system (Docket 
EERE-2021-BT-WAV-0014, No. 4). Specifically, CO2 that is 
cooled in the gas cooler of a transcritical booster system expands 
through a high-pressure control valve that delivers CO2 to a 
subcritical-pressure flash tank, where liquid and vapor phases of the 
refrigerant are separated. The liquid is then split, and the unit 
coolers receive the refrigerant at the same condition, consistent with 
the use of the same liquid inlet saturation temperature for both the 
medium- and low-temperature systems in RefPlus's suggested test 
approach. Calculations on other external CO2 refrigeration 
system designs in the market indicate that the 38 [deg]F liquid unit 
cooler inlet saturation temperature suggested by RefPlus is 
representative of CO2 booster systems (Docket EERE-2021-BT-
WAV-0014, No. 5). Regarding use of the EER values in AHRI 1250-2009 
Table 17 to determine the representative compressor power consumption 
for CO2 unit cooler systems, research into the performance 
of different configurations of CO2 booster systems shows 
that enhanced CO2 cycles (like those used in transcritical 
booster systems) can match conventional refrigerants in average annual 
efficiency (Docket EERE-2021-BT-WAV-0014, No. 3). The findings from 
this research, along with the other collective factors previously 
noted, justify the use of the EER values in AHRI 1250-2009 Table 17 for 
determining the power consumption for CO2 booster system 
evaporators, despite these EER values being initially established for 
systems using conventional refrigerants. Consequently, DOE has 
determined that RefPlus's petition for waiver likely will be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant RefPlus immediate relief pending a determination of 
the petition for waiver.
    For the reasons stated, it is ordered that:
    (1) RefPlus must test and rate the following RefPlus-branded, 
CO2 direct expansion unit cooler basic models with the 
alternate test procedure set forth in paragraph (2).

Basic Model Numbers:

BILLING CODE 6450-01-P

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[[Page 43639]]


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[[Page 43640]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.012

    (2) The alternate test procedure for the RefPlus basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for walk-in cooler and walk-in freezer refrigeration systems 
prescribed by DOE at 10 CFR

[[Page 43641]]

part 431, subpart R, appendix C (``Appendix C''), except that the 
liquid inlet saturation temperature test condition and liquid inlet 
subcooling temperature test condition shall be modified to 38 [deg]F 
and 5 [deg]F, respectively, for both walk-in refrigerator unit coolers 
and walk-in freezer unit coolers, as detailed below. All other 
requirements of Appendix C and DOE's regulations remain applicable.
    In Appendix C, under section 3.1. General modifications: Test 
Conditions and Tolerances, revise section 3.1.5., to read as follows:
    3.1.5. Tables 15 and 16 shall be modified to read as follows:
    [GRAPHIC] [TIFF OMITTED] TN10AU21.013
    

[[Page 43642]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.014

    (3) Representations. RefPlus may not make representations about the 
energy efficiency of a basic model listed in paragraph (1) for 
compliance, marketing, or other purposes unless that basic model has 
been tested in accordance with the provisions set forth in this 
alternate test procedure and such representations fairly disclose the 
results of such testing.
    (4) This Interim Waiver Order shall remain in effect according to 
the provisions of 10 CFR 431.401.
    (5) This Interim Waiver Order is issued on the condition that the 
statements, representations, test data, and documentary materials 
provided by RefPlus are valid. If RefPlus 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 RefPlus will either be required to use 
the current Federal test method or submit a new application for a test 
procedure waiver. DOE may rescind or modify this waiver at any time if 
it determines the factual basis underlying the petition for the Interim 
Waiver Order is incorrect, or the results from the alternate test 
procedure are unrepresentative of the basic model's true energy 
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, RefPlus 
may request that DOE rescind or modify the Interim Waiver Order if 
RefPlus 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 RefPlus 
from the applicable requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. RefPlus 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, RefPlus 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 August 3, 
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

[[Page 43643]]

the legal effect of this document upon publication in the Federal 
Register.

    Signed in Washington, DC, on August 5, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Application for Interim Waiver

    Request for Interim Waiver from a DOE test procedure pursuant to 
provisions described in 10 CFR 431.401 for the following product on the 
grounds that ``the basic model contains one or more design 
characteristics that prevent testing of the basic model according to 
the prescribed test procedures.''

CO2 Direct Expansion Unit Coolers in Medium and Low Temperature
[GRAPHIC] [TIFF OMITTED] TN10AU21.015

    The design characteristics constituting the grounds for the Interim 
Waiver Application:
     Appendix C to Subpart R of Part 431--Uniform Test Method 
for the Measurement of Net Capacity and AWEF of Walk-in Cooler and 
Walk-in Freezer Refrigeration Systems specifies that unit coolers 
tested alone use the test procedures described in AHRI 1250-2009. Table 
15 and Table 16 of AHRI 1250-2009 are as follows:
[GRAPHIC] [TIFF OMITTED] TN10AU21.016


[[Page 43644]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.017

     CO2 refrigerant has a critical temperature of 
87.8 [deg]F thus the liquid inlet saturation temperature of 105 [deg]F 
and the liquid inlet subcooling temperature of 9 [deg]F as specified in 
Table 15 and Table 16 are not achievable.
     The test condition values need to be more inline with 
typical operating conditions for a CO2 refrigeration 
application
[GRAPHIC] [TIFF OMITTED] TN10AU21.018


[[Page 43645]]


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[[Page 43646]]


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[[Page 43647]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.021

    All these basic models with brand name: RefPlus
    Specific Requirements sought to be waived--Petitioning for a waiver 
and interim waiver to exempt CO2 Direct Expansion Unit 
Coolers in Medium and Low Temperature application from being tested to 
the current test procedure. The prescribed test procedure is not 
appropriate for these products for the reasons stated previously 
(liquid inlet saturation temperature and liquid inlet subcooling 
temperature test condition values are not appropriate for a 
transcritical CO2 booster system application).
    List of manufacturers of all other basic models marketing in the 
United States and known to the petitioner to incorporate similar design 
characteristics--

Manufacturer: Heatcraft Refrigeration Products
Manufacturer: Heat Transfer Products Group (HTPG)
Manufacturer: Hussmann Corp. (Krack)
Manufacturer: Keeprite Refrigeration

    Proposed alternate test procedure
    1. Utilize the test procedure as outlined in Appendix C to Subpart 
R of Part 431--Uniform Test Method for the Measurement of Net Capacity 
and AWEF of Walk-in Cooler and Walk-in Freezer Refrigeration Systems 
with reference to AHRI 1250-2009 with the exception of modifying the 
test conditions in Table 15 and 16 for liquid inlet saturation 
temperature and liquid inlet subcooling temperature as noted below. In 
addition, per Appendix C to Subpart R of 431 use the calculations in 
AHRI 1250 section 7.9 to determine AWEF and net capacity for unit 
coolers matched to parallel rack systems. Use AHRI 1250 Table 17, EER 
for Remote Commercial Refrigerated Display Merchandisers and Storage 
Cabinets to determine the power consumption of the system.
[GRAPHIC] [TIFF OMITTED] TN10AU21.022


[[Page 43648]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.023

    Success of the application for Interim Waiver will: ensure that 
manufacturers of CO2 Direct Expansion Unit Coolers in Medium 
and Low Temperature application 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 requirements set forth.

Conclusion

    RefPlus Inc. seeks an Interim Waiver from DOE's current requirement 
to test CO2 direct expansion unit coolers.

Request Submitted by:
/s/
Michel Lecompte,
Vice-President, Research & Development Refplus Inc.

[FR Doc. 2021-16997 Filed 8-9-21; 8:45 am]
BILLING CODE 6450-01-C