82 FR 15345 - Notice of Petition for Waiver of AHT Incorporated From the Department of Energy Commercial Refrigeration Equipment Test Procedures and Partial Grant of Interim Waiver

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 82, Issue 58 (March 28, 2017)

This notice announces receipt of and publishes a petition for waiver from AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. (AHT) seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of multi-mode commercial refrigeration equipment. ASHRAE Standard 72-2005, incorporated by reference in Appendix B, does not provide for defrost testing with built-in cooling coils into the body of AHT's unique multi-mode commercial refrigeration equipment basic models. Consequently, AHT submitted to DOE an alternate test procedure that allows for testing of six specified basic models with a different defrost cycle. This notice also announces that DOE has granted AHT an interim waiver from the DOE commercial refrigeration equipment test procedures for the specified commercial refrigeration equipment basic models, subject to use of the alternative test procedure as set forth in this notice. DOE solicits comments, data, and information concerning AHT's petition and its suggested alternate test procedure.

[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Notices]
[Pages 15345-15353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06107]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CR-006]


Notice of Petition for Waiver of AHT Incorporated From the 
Department of Energy Commercial Refrigeration Equipment Test Procedures 
and Partial Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver and partial grant of interim 
waiver, and request for public comment.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. 
(AHT) seeking an exemption from specified portions of the U.S. 
Department of Energy (DOE) test procedure for determining the energy 
consumption of multi-mode commercial refrigeration equipment. ASHRAE 
Standard 72-2005, incorporated by reference in Appendix B, does not 
provide for defrost testing with built-in cooling coils into the body 
of AHT's unique multi-mode commercial refrigeration equipment basic 
models. Consequently, AHT submitted to DOE an alternate test procedure 
that allows for testing of six specified basic models with a different 
defrost cycle. This notice also announces that DOE has granted AHT an 
interim waiver from the DOE commercial refrigeration equipment test 
procedures for the specified commercial refrigeration equipment basic 
models, subject to use of the alternative test procedure as set forth 
in this notice. DOE solicits comments, data, and information concerning 
AHT's petition and its suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with regard to 
the AHT petition until April 27, 2017.

ADDRESSES: You may submit comments, identified by Case Number CR-006, 
by any of the following methods:

[[Page 15346]]

     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case 
number [Case No. CR-006] in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file 
format, and avoid the use of special characters or any form of 
encryption.
     Postal Mail: Mr. Bryan Berringer, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. CR-006, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-0371. If possible, please submit all 
items on a compact disc (CD), in which case it is not necessary to 
include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., 6th Floor, Washington, DC 20024. Telephone: (202) 
586-6636. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    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.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Office, Mailstop EE-5B, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-0371. Email: [email protected].
    Ms. Johanna Jochum, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 287-6307. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III, Part C of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6316, as codified) 
established the Energy Conservation Program for Certain Industrial 
Equipment, which includes the commercial refrigeration equipment. Part 
C includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers. Further, Part C authorizes the Secretary of 
Energy to prescribe test procedures that are reasonably designed to 
produce results that measure energy efficiency, energy use, or 
estimated operating costs during a representative average-use cycle, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(3)) 
The test procedure for commercial refrigeration equipment is contained 
in Title 10 of the CFR part 431, subpart C, appendix B, Amended Uniform 
Test Method for the Measurement of Energy Consumption of Commercial 
Refrigerators, Freezers, and Refrigerator-Freezers.
    DOE's regulations set forth at 10 CFR 431.401 contain provisions 
that allow a person to seek a waiver from the test procedure 
requirements for a particular basic model of a type of covered 
industrial equipment when: (1) The petitioner's basic model for which 
the petition for waiver was submitted contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedure, or (2) the prescribed test procedures may 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(a)(1). A petitioner must include in its petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption. 10 CFR 
431.401(b)(1)(iii).
    DOE may grant a 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. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 431.401(l).
    The waiver process also allows DOE to grant an interim waiver if it 
appears likely that the petition for waiver will be granted and/or if 
DOE determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 431.401(e)(2). Within one year of issuance of an interim 
waiver, DOE will either: (i) Publish in the Federal Register a 
determination on the petition for waiver; or (ii) publish in the 
Federal Register a new or amended test procedure that addresses the 
issues presented in the waiver. 10 CFR 431.401(h)(1). When DOE amends 
the test procedure to address the issues presented in a waiver, the 
waiver will automatically terminate on the date on which use of that 
test procedure is required to demonstrate compliance. 10 CFR 
431.401(h)(2).

II. Petition for Waiver of Test Procedure and Application for Interim 
Waiver

    On October 25, 2016, AHT filed a petition for waiver and 
application for interim waiver from the test procedure applicable to 
commercial refrigeration equipment set forth in 10 CFR part 431, 
subpart C, appendix B (AHT subsequently sent DOE a letter on March 6, 
2017, which responded to questions from DOE. The information from this 
letter is also represented in this notice). AHT has designed several 
basic models multi-mode commercial refrigeration equipment that use 
unique built-in cooling coils deep freeze, freeze, or refrigerate food 
as needed. Because the cooling coils are built into the body of the 
units and do not get covered in frost, the coils do not need to be 
defrosted prior to testing. However, the DOE test procedure and ASHRAE 
Standard 72-2005, incorporated by reference in Appendix B, assumes that 
commercial refrigerators or freezers need to be defrosted, or melt the 
ice from the evaporator coils, for the equipment to function 
effectively. In particular, the test procedure requires that all 
refrigerators and freezers with evaporator coils be tested with a full 
defrost cycle, along with additional defrost cycles in a 24-hour 
period, depending on how long the test runs (ANSI/ASHRAE Standard 72-
2005, ``Method of Testing Commercial Refrigerators and Freezers,'' 
Sec.  7.8 (Defrost Adequacy Assurance). ASHRAE 72-2005 is incorporated 
by reference in the DOE test procedure. 10 CFR 431.63(d)(1)). AHT 
appliances, however, have no need to defrost their coils. Thus, rather 
than running one or more defrosting cycles a day to keep the machines 
operating efficiently, AHT appliances have a defrost (in the generic 
sense rather than as defined by DOE/ASHRAE) function that operates, 
under standard conditions, once per week, and at most (through a manual 
override) twice per week. As a result, the DOE test procedure, which 
provides for at least one full defrost cycle in a 24-hour period, is 
not appropriate for these models. Consequently, AHT submitted to DOE an 
alternate test procedure that allows for testing of six specified basic 
models with a different defrost cycle.
    As previously noted, an interim waiver may be granted if it appears 
likely that the petition for waiver will be granted, and/or if DOE 
determines that

[[Page 15347]]

it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. See 10 CFR 
431.401(e)(2).
    AHT's petition for waiver claims that the DOE test procedure at 10 
CFR part 431, subpart C, appendix B does not apply to AHT's advanced 
models, and would grossly overstate the energy used by these models. 
These models are multi-mode (i.e., are capable of operating in the ice 
cream freezer, commercial freezer, and commercial refrigerator 
temperature ranges) and do not have a typical defrosting cycle (i.e., 
the cooling coils are built into the body and require defrosts once per 
week).
    To address multi-mode operation, AHT requested that the basic 
models shall be tested and rated only for operation as ice cream 
freezers (with integrated average temperature of -15[emsp14][deg]F 
 2.0[emsp14][deg]F and use total display area (TDA) to 
determine associated energy conservation standards).
    To address infrequent defrosts, AHT requested in its October 25, 
2016 petition that the basic models shall be subject to an alternate 
two-part test procedure. AHT specified that the first part would be a 
24-hour test starting in steady state conditions and including eight 
hours of door opening (according to ASHRAE Standard 72). The energy 
consumed in this test would be recorded ET1. The second part would be a 
defrost cycle test starting after steady state conditions were 
established and ending after the defrost cycle was complete. The 
duration of the defrost cycle, tDI, and the energy consumed 
during the defrost cycle, ET2, would be recorded and combined with ET1 
based on a once-per-week defrost frequency. In AHT's March 6, 2017 
letter, AHT noted that although the standard duration of the defrost 
cycle was once-per-week, the basic models have an optional manual 
override that allows up to two defrost cycles per week and recommended 
revising the October 25 test procedure to reflect that. DOE has 
incorporated this proposal into the alternate test procedure, but 
requests that AHT or commenting parties provide additional data and/or 
information on how commonly the manual override is used.
    With regard to the first issue, multi-mode operation, DOE has taken 
the position in the most recent commercial refrigeration equipment test 
procedure final rule, that self-contained equipment or remote 
condensing equipment with thermostats capable of operating at 
temperatures that span multiple equipment categories must be certified 
and comply with DOE's regulations for each applicable equipment 
category. See 79 FR 22291. In light of that policy determination, DOE 
declines at this time to provide AHT an interim waiver allowing testing 
only in the ice cream freezer mode. However, DOE seeks comment as part 
of the waiver determination process to determine if its previously 
stated position provides for a test requirement imposing an undue 
burden.
    Regarding the second issue of infrequent defrosts, DOE has reviewed 
AHT's alternate procedure (based on the May 6, 2017 modification) and 
concludes that AHT's alternate test procedure results would be 
representative of the models' true energy consumptions and allow for 
the accurate measurement of the energy use of these equipment, while 
alleviating the testing problems associated with AHT's implementation 
of commercial refrigeration equipment testing for the specified multi-
mode models. DOE also understands that absent a partial grant of an 
interim waiver, AHT's equipment cannot be tested and rated for energy 
consumption on a basis representative of its true energy consumption 
characteristics. Consequently, DOE has determined that this part of 
AHT's petition for waiver will likely be granted. Furthermore, DOE has 
determined that it is desirable for public policy reasons to grant AHT 
immediate relief for this part of the test procedure, pending a 
determination of the petition for waiver.

III. Summary of Grant of Interim Waiver

    For the reasons stated above, DOE has partially granted AHT's 
application for interim waiver from testing for its specified 
commercial refrigeration equipment basic models. The substance of the 
interim waiver is summarized below.
    AHT is required to test and rate the AHT commercial refrigeration 
equipment multi-mode basic models SYDNEY, MIAMI, PARIS, MANHATTAN, 
MALTA, and IBIZA, according to the alternate test procedure as set 
forth in section IV, ``Alternate Test Procedure.''
    AHT is permitted to make representations about the energy use of 
this basic model for compliance, marketing, or other purposes only to 
the extent that such products have been tested in accordance with the 
provisions set forth in the alternate test procedure and such 
representations fairly disclose the results of such testing in 
accordance with 10 CFR 431.66.
    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. AHT 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 models set 
forth in the original petition consistent with 10 CFR 431.401(g). In 
addition, DOE notes that granting of an interim waiver or waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR part 431. See also 10 CFR 431.401(a) and (i).
    The interim waiver shall remain in effect consistent with 10 CFR 
431.401(h). Furthermore, this interim waiver is conditioned upon the 
presumed validity of statements, representations, and documents 
provided by the petitioner. DOE may rescind or modify a waiver or 
interim waiver at any time upon a determination that the factual basis 
underlying the petition for waiver or interim waiver is incorrect, or 
upon a determination that the results from the alternate test procedure 
are unrepresentative of the basic model's true energy consumption 
characteristics. See 10 CFR 431.401(k).

IV. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of equipment covered by the statute. (42 U.S.C. 
6293(c); 6314(d)) Consistent representations about the energy 
efficiency of covered equipment are important for consumers evaluating 
equipment when making purchasing decisions and for manufacturers to 
demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 431.401, and 
after considering public comments on the petition, DOE will announce 
its decision as to an alternate test procedure for AHT in a subsequent 
Decision and Order.
    During the period of the interim waiver granted in this notice, AHT 
shall test the multi-mode basic models listed in section III in each 
mode (ice-cream freezer, freezer, and refrigerator mode) according to 
the test procedure for commercial refrigeration equipment prescribed by 
DOE at 10 CFR part 431, subpart C, appendix B, for basic models, with 
the following modifications for defrost testing in ASHRAE 72-2005 
(incorporated by reference at 10 CFR 431.63(d)), laid out in two parts:

    The first part shall be a 24-hour test starting in steady state 
conditions and

[[Page 15348]]

including eight hours of door opening (according ASHRAE 72-2005). 
The energy consumed in this test shall be recorded, ET1.
    The second part shall be a defrost cycle test starting after 
steady state conditions are established. The defrost cycle is 
initiated and terminates after the defrost cycle is complete. The 
energy consumed during this defrost cycle, ET2, and the duration of 
the defrost cycle, tDI, shall be recorded.
    Based on the measured energy consumption in these two tests, the 
daily energy consumption (DEC) in kWh shall be calculated as
[GRAPHIC] [TIFF OMITTED] TN28MR17.000

Where:

DEC = Daily Energy Consumption in kilowatt-hours (kWh);
ET1 = energy expended during the first part of the test, in kWh;
ET2 = energy expended during the second part of the test, in kWh;
Etd = energy expended by defrosts per week
tNDI = normalized length of defrosting time per day, in minutes;
tDS = sum of defrost time per week;
D = maximum number of defrosts per week
7 = conversion factor of days per week;
1440 = conversion factor to adjust to a 24-hour period in minutes 
per day.

V. Summary and Request for Comments

    Through this notice, DOE announces receipt of AHT's petition for 
waiver from the DOE test procedure for certain basic models of AHT 
commercial refrigeration equipment, and announces DOE's decision to 
grant AHT an interim waiver from the test procedure for its commercial 
refrigeration equipment. DOE is publishing AHT's petition for waiver in 
its entirety, pursuant to 10 CFR 431.401(b)(1)(iv). The petition 
contains no confidential information. The petition includes a suggested 
alternate test procedure to determine the energy consumption of its 
commercial refrigeration equipment. DOE will consider public comments 
on the petition in issuing its Decision and Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. 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's representative is Scott Blake Harris, Chairman, Harris, 
Wiltshire & Grannis, 1919 M Street, Eighth Floor, Washington, DC. 
20036. All comment submissions must include the agency name and Case 
Number CR-006 for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text 
(American Standard Code for Information Interchange (ASCII)) file 
format and avoid the use of special characters or any form of 
encryption. Wherever possible, include the electronic signature of the 
author. DOE does not accept telefacsimiles (faxes).
    Pursuant 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 two copies to DOE: One copy of the document 
marked ``confidential'' with all of the information believed to be 
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC, on March 23, 2017.
Steven Chalk,
Acting Assistant Secretary for Energy Efficiency and Renewable Energy.
Before the United States Department of Energy, Washington, DC 20585
Docket No. EERE-2013-BT-TP-0025;

In the Matter of Energy Efficiency Program: Test Procedure for 
Commercial Refrigeration Equipment

RIN 1904-AC99

I. PETITION OF AHT COOLING SYSTEMS FOR WAIVER OF TEST PROCEDURE FOR 
COMMERCIAL REFRIGERATION EQUIPMENT

    AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. 
(collectively AHT) \1\ respectfully submit this Petition for Waiver and 
Application for Interim Waiver \2\ from DOE's test procedure for 
commercial refrigeration equipment.\3\
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    \1\ AHT's U.S. subsidiary is AHT Cooling Systems USA Inc., 3235 
Industry Drive, North Charleston, South Carolina 29418 (tel. 843-
767-6855). AHT's worldwide headquarters are AHT Cooling Systems 
GmbH, Werkgasse 57, 8786 Rottenmann, Austria (tel. 011-43-3614/2451-
0).
    \2\ See 10 CFR Sec.  431.401 (petitions for waiver and interim 
waiver).
    \3\ Id. Part 431, Subpart C, Appendix B.
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    AHT is a world leader in the production of plug-in refrigerators 
and freezers for the commercial sector. It currently manufactures its 
products in Austria, and imports them into the United States through 
its wholly-owned subsidiary in South Carolina. AHT USA is also about to 
open a new manufacturing facility in the Charleston

[[Page 15349]]

area. AHT products are distributed to major supermarket retail chains, 
convenience stores, wholesalers, and consumer-packaged goods companies 
throughout the United States and Canada. AHT's pursuit of innovation 
has led it continuously to develop and market cutting-edge technology. 
Its philosophy focuses on sustainability, energy efficiency, 
innovation, and customer benefit. AHT's products, as is reflected by 
their use of propane as a refrigerant, are among the most energy 
efficient and environmentally friendly in the world.
    Commercial refrigeration equipment, such as AHT's, will soon be 
subject to a new regulatory regime. This includes new test procedures 
\4\ and efficiency standards.\5\ The new procedures will apply to 
representations of energy efficiency or use made on and after March 28, 
2017. The new standards will apply to products manufactured on or after 
March 27, 2017.
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    \4\ Id. Part 431, Subpart C, Appendix B, as adopted, 79 FR 22277 
(April 21, 2014).
    \5\ Id. Sec.  431.66, as adopted, 79 FR 17725 (March 28, 2014).
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    In part because of their advanced design and features, many AHT 
commercial refrigerators and freezers cannot be fairly evaluated by 
DOE's mandated testing protocols. First, because of their implicit 
assumptions, it is not clear which of the DOE tests should be applied 
to the AHT appliances. Second, any of the DOE tests would overstate the 
amount of energy used by the AHT appliances. Accordingly, a waiver of 
those test requirements is necessary.

I. Basic Models for Which a Waiver Is Requested

    The basic models for which a waiver is requested are set forth in 
Appendix I. These models are all display merchandisers with transparent 
doors. They are distributed in commerce under the AHT brand name.

II. Need for the Requested Waiver

    As noted, the DOE test procedures will take effect on March 28, 
2017. It is not clear which DOE test procedure should apply to AHT's 
advanced models, and all would grossly overstate the energy used by 
these models. There are two critical features of the AHT models that 
raise issues under the forthcoming testing procedure.

A. The AHT Appliances Are Multi-Mode.

    The AHT appliances for which we seek a waiver are all multi-mode 
models; they have three modes of operation among which the user can 
choose merely by turning a switch. In one mode, the units operate as an 
ice cream freezer. In another mode, they operate as a regular 
commercial freezer. In yet another mode, they operate as a commercial 
refrigerator. The advantage to a user of having a single appliance that 
can operate in three different modes is obvious. And if a retail 
operator can purchase one appliance that can operate in three modes, 
rather than having to buy multiple appliances to meet the same needs, 
there are sustainability benefits as well. The problem is that the DOE 
rules implicitly assume that an appliance is exclusively an ice cream 
freezer, exclusively a standard commercial freezer, or exclusively a 
commercial refrigerator.\6\ And the DOE rules mandate different testing 
protocols for an ice cream freezer than they do for a standard 
commercial freezer or a commercial refrigerator.
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    \6\ Id. Sec.  431.66.
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    DOE testing rules often require that products be tested in their 
default configuration, or in the typical configuration. In the case of 
the AHT multi-mode appliances however, there isn't a ``default'' 
configuration or one ``typical'' configuration. The machines are 
designed to be easily and equally usable in all three modes. DOE 
precedent also suggests that when there is no default or typical mode 
for testing purposes, products with multiple configurations should be 
tested in the most energy consumptive mode. In this case, that would 
mean that AHT should test its products in the ice cream freezer mode 
and treat them as such for regulatory purposes.
    Accordingly, AHT asks for a ``waiver'' to be allowed to do 
precisely that.
    The only obvious alternative to testing in the most energy 
consumptive mode would be to require testing in all three modes. But 
such a requirement would be unique, burdensome, and inconsistent with 
the Energy Policy and Conservation Act (EPCA), which requires that the 
test procedures ``shall be reasonably designed'' and ``shall not be 
unduly burdensome to conduct.'' \7\ Moreover, in this situation it is 
not clear how one would evaluate whether an appliance passed a multiple 
test regime, particularly since testing the appliances as ice cream 
freezers would require using total display area (TDA) as the 
normalizing metric, while testing them in the other modes would require 
using volume as a normalizing metric. Such a testing regime would be 
both confusing and burdensome.
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    \7\ 42 U.S.C. 6293(b)(3).
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    Finally, testing these appliances as ice cream freezers makes most 
sense because DOE has determined that TDA is the best metric for 
display equipment with transparent doors, and is moving increasingly in 
that direction in its testing protocols. As DOE has concluded, ``where 
the function is to display merchandise for sale, TDA best quantifies 
the ability of a piece of equipment to perform that function.'' \8\ 
That is surely true here.
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    \8\ 79 FR 17725, 17741 (March 28, 2014).

B. The AHT Appliances Do Not Have a Typical Defrosting Cycle.
    The AHT appliances are innovative, and perhaps unique, in one other 
respect: Their cooling coils are built into the body of the units. This 
means the cooling coils are not exposed to the air and do not get 
covered with frost. This also means the coils do not need to be 
defrosted. The DOE test procedure understandably assumes that 
commercial refrigerators and freezers have cooling or evaporator coils 
that need to be defrosted for the equipment to function effectively. 
Indeed, the Technical Support Document for the test procedure 
essentially defines ``defrosting'' to mean melting ice from evaporator 
coils:
    As the air in the refrigerated space is cooled, water vapor 
condenses on the surface of the evaporator coil. . . . There are 
several methods available for defrosting the evaporator coil. . .\9\
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    \9\ DOE, Technical Support Document: Energy Efficiency Program 
for Consumer Products and Commercial and Industrial Equipment; 
Commercial Refrigeration Equipment (Feb. 2014), Sec.  3.3.1.11 
(Defrost Cycle; Defrost Mechanism).
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    In addition, the ASHRAE test procedure mandated by the DOE 
regulations provides that the defrost adequacy assurance test ``shall 
verify that any defrost setting and arrangement is adequate to melt all 
frost and ice from coils and flues and drain it out of the 
refrigerator.'' \10\ Based on the assumption that all refrigerators and 
freezers that have evaporator coils from which frost must be melted 
regularly in order to function, the test procedure calls for starting 
testing with a full defrost cycle, and may require additional defrost 
cycles in a 24-hour period before the test is complete (depending on 
the expected operation of the model).
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    \10\ ANSI/ASHRAE Standard 72-2005, ``Method of Testing 
Commercial Refrigerators and Freezers,'' Sec.  7.8 (Defrost Adequacy 
Assurance). ASHRAE 72-2005 is incorporated by reference in the DOE 
test procedure. 10 CFR 431.63(d)(1).
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    AHT appliances, however, have no need to defrost their coils. 
Rather, small amounts of frost can build up on the inner walls of the 
cabinet when the

[[Page 15350]]

appliances are in a freezer mode. But this is a strictly esthetic 
matter that is easily resolved. Thus, rather than running one or more 
defrosting cycles a day to keep the machines operating efficiently, AHT 
appliances have a defrost (in the generic sense rather than as defined 
by DOE/ASHRAE) function that operates just once per week to keep the 
machines looking good.\11\ As a result, the test procedure, which 
provides for at least one full defrost cycle in a 24-hour period is not 
appropriate for these models. It would overstate the energy usage from 
the defrosting function by at least a factor of seven.
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    \11\ We also note that AHT appliances have a manual override, 
such that a user could activate the defrost cycle a second time in 
any one week period. But the default automatic setting, and we 
expect the typical use, is one defrost cycle per week.
---------------------------------------------------------------------------

    Accordingly, AHT asks for a waiver to test its appliances with the 
defrost cycle activated in a way that reflects the actual operation of 
the units. To this end, AHT proposes to test the appliances in two 
phases. Phase one shall be a 24-hour test according to ASHRAE 72 
including eight hours of door openings but without defrost. The second 
phase should be a separate measurement of the energy used during the 
defrost cycle. One-seventh of the measured energy in phase two should 
be added to the energy measured in phase one. This approach would 
translate the once-a-week defrost cycle into an average daily energy 
usage factor.

III. Proposed Alternate Test Procedure

    In line with the waivers outlined above, AHT proposes the following 
alternate test procedure to evaluate the performance of the basic 
models listed in Appendix I of this petition and application.
    Effective March 28, 2017, AHT shall be required to test the 
performance of the basic models listed in Appendix I according to the 
test procedures for commercial refrigeration equipment prescribed by 
DOE at 10 CFR part 431, Subpart C, Appendix B, except as follows.
    The basic models shall be tested and rated as ice cream freezers 
(Integrated Average Temperature of -15[emsp14][deg]F +/-
2.0[emsp14][deg]F and use of TDA).
    The basic models shall be subject to the following testing instead 
of the corresponding defrost testing in the test procedure.
    The first part shall be a 24-hour test starting in steady state 
conditions and including eight hours of door opening (according ASHRAE 
Standard 72). The energy consumed in this test shall be recorded, ET1.
    The second part shall be a defrost cycle test starting after steady 
state conditions are established. The defrost cycle is initiated and 
terminates after the defrost cycle is complete. The energy consumed 
during this defrost cycle, ET2, and the duration of the defrost cycle, 
tDI, shall be recorded.
    Based on the measured energy consumption in these two tests, the 
daily energy consumption (DEC) in kWh shall be calculated as
[GRAPHIC] [TIFF OMITTED] TN28MR17.001

Where

DEC = Daily Energy Consumption in kilowatt-hours (kWh);
ET1 = energy expended during the first part of the test, in kWh;
ET2 = energy expended during the second part of the test, in kWh;
\t\NDI = normalized length of defrosting time per day, in 
minutes;
\t\DI = length of time of one defrosting cycle, in 
minutes;
7 = conversion factor of days per week;
1440 = conversion factor to adjust to a 24-hour period in minutes 
per day.

    The waiver shall continue until DOE adopts an applicable amended 
test procedure.

IV. Request for Interim Waiver

    AHT also requests an interim waiver for its testing and rating of 
the basic models listed in Appendix I. Based on its merits, the 
petition for waiver is likely to be granted. Further, it is essential 
that an interim waiver be granted, as AHT plans to distribute units of 
the models that would be affected by the DOE rule as otherwise 
applicable on and after the March 28, 2017, compliance date. Without 
waiver relief, AHT will be at a competitive disadvantage in the market 
for these important products and would suffer economic hardship. AHT 
would be subject to requirements that clearly should not apply to such 
products.

V. Other Manufacturers

    A list of manufacturers of all other basic models distributed in 
commerce in the United States and known to AHT to incorporate overall 
design characteristic(s) similar to those found in the basic model(s) 
that are the subject of the petition is set forth in Appendix II.
* * * * *
    AHT requests expedited treatment of the Petition and Application.

Respectfully submitted,
Scott Blake Harris
John A. Hodges

Harris, Wiltshire & Grannis LLP
1919 M Street, NW Washington, DC
20036, (202) 730-1313

Counsel to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc.

October 25, 2016

Appendix I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models that are manufactured 
by AHT:

SYDNEY [supcaret] * MIAMI [supcaret] *
PARIS [supcaret] *
MANHATTAN [supcaret] *
MALTA [supcaret] * IBIZA [supcaret] *
    II. The models use the following model number layout:

SYDNEY, MIAMI, etc.--Represent the name of the model platform.
([supcaret])--Represents characters in the model number that correspond 
to the size.
(*)--Represents characters in the model number that correspond to 
marketing features.
The * and [supcaret] characters have no impact on the compartment 
function, product class, or test method.

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[FR Doc. 2017-06107 Filed 3-27-17; 8:45 am]
BILLING CODE 6450-01-C