82_FR_33218 82 FR 33081 - Notice of Petition for Waiver of ITW Food Equipment Group, LLC From the Department of Energy Commercial Refrigeration Equipment Test Procedures and Grant of Interim Waiver

82 FR 33081 - Notice of Petition for Waiver of ITW Food Equipment Group, LLC From the Department of Energy Commercial Refrigeration Equipment Test Procedures and Grant of Interim Waiver

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 82, Issue 137 (July 19, 2017)

Page Range33081-33099
FR Document2017-15130

This notice announces receipt of and publishes a petition for waiver from ITW Food Equipment Group, LLC (ITW) seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of commercial refrigeration equipment under the regulations for basic models of their Innopod temperature controlled grocery and general merchandise system (Innopod). ITW requests modifications, as specified in its petition for waiver, to the existing DOE test procedure, which references Air- Conditioning, and Refrigeration Institute (ARI) Standard 1200-2006 and Air-Conditioning, Heating, and Refrigeration Institute (AHRI) Standard 1200 (I-P)-2010 that further references American National Standards Institute/American Society of Heating, Refrigerating and Air- Conditioning Engineers (ANSI/ASHRAE) Standard 72. ITW submitted to DOE an alternate test procedure that allows for testing of specified Innopod basic models. This notice also announces that DOE has granted ITW 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 ITW's petition and its suggested alternate test procedure.

Federal Register, Volume 82 Issue 137 (Wednesday, July 19, 2017)
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Notices]
[Pages 33081-33099]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15130]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CR-007]


Notice of Petition for Waiver of ITW Food Equipment Group, LLC 
From the Department of Energy Commercial Refrigeration Equipment Test 
Procedures and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver and 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 ITW Food Equipment Group, LLC (ITW) seeking an exemption 
from specified portions of the U.S. Department of Energy (DOE) test 
procedure for determining the energy consumption of commercial 
refrigeration equipment under the regulations for basic models of their 
Innopod temperature controlled grocery and general merchandise system 
(Innopod). ITW requests modifications, as specified in its petition for 
waiver, to the existing DOE test procedure, which references Air-
Conditioning, and Refrigeration Institute (ARI) Standard 1200-2006 and 
Air-Conditioning, Heating, and Refrigeration Institute (AHRI) Standard 
1200 (I-P)-2010 that further references American National Standards 
Institute/American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ANSI/ASHRAE) Standard 72. ITW submitted to DOE 
an alternate test procedure that allows for testing of specified 
Innopod basic models. This notice also announces that DOE has granted 
ITW 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 ITW's petition and its suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with regard to 
the ITW petition until August 18, 2017.

ADDRESSES: You may submit comments, identified by Case No. CR-007, by 
any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. CR-007] 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-007, 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 http://www.regulations.gov. All documents in the docket are 
listed in the http://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.

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: AS_Waiver_Requests@ee.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III, Part C \1\ 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 commercial refrigeration equipment.\2\ 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)(2)) 
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.''
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA), Public Law 114-11 (April 30, 2015).
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    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 
equipment when the petitioner's basic model for which the petition for 
waiver was submitted contains one or more design characteristics that 
either (1) prevent testing according to the prescribed test procedures; 
or (2) cause the prescribed test procedures to evaluate the basic model 
in a manner so unrepresentative of its true energy consumption 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

[[Page 33082]]

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. ITW's Petition for Waiver of Test Procedure and Application for 
Interim Waiver

    On December 20, 2016, ITW submitted a petition for waiver and 
interim waiver pursuant to 10 CFR 431.401 pertaining to DOE's test 
procedure at 10 CFR part 431, subpart C, appendix B, for their Innopod 
temperature controlled grocery and general merchandise system (Innopod) 
basic models of commercial refrigeration equipment. ITW's initial 
petition included twenty-two base model configurations. On May 3, 2017, 
ITW provided DOE with the complete list of 200 basic models covered by 
the twenty-two base model configurations. ITW petitioned for a waiver 
and interim waiver from various DOE test procedure requirements.
    DOE's current test procedure references Air-Conditioning, and 
Refrigeration Institute (ARI) Standard 1200-2006 and Air-Conditioning, 
Heating, and Refrigeration Institute (AHRI) Standard 1200 (I-P)-2010, 
which further references American National Standards Institute/American 
Society of Heating, Refrigerating and Air-Conditioning Engineers (ANSI/
ASHRAE) Standard 72 (incorporated by reference at 10 CFR 431.63 (c) and 
(d)). ITW asserts that these current test procedures do not account for 
the unique operating characteristics of the Innopod basic models. 
Because the specific design of this product line contains one or more 
design characteristics noted in the waiver request, including floating 
suction temperatures for individual compartments, different typical 
door-opening cycles, and a high-temperature ``ambient'' compartment, 
ITW believes that its petition and combined application meets both 
conditions of 10 CFR 431.401(a)(1) for granting waivers, on the grounds 
that: (1) The petitioner's basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures; and (2) The prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. ITW 
submitted to DOE an alternate test procedure that allows for testing of 
its Innopod basic models.
    ITW's Innopod basic models include multiple thermally separated, 
temperature controlled compartments supplied with refrigerant from a 
single condensing unit. ITW's petition proposes an alternate test using 
an ``inverse refrigeration load'' test, various calculations to account 
for refrigeration system and component energy consumption, and 
adjustments to the door opening requirements based on typical use in 
the field. ITW's proposed refrigeration system calculations rely on the 
current calculations and assumptions used for testing remote condensing 
commercial refrigeration equipment in accordance with the DOE test 
procedure.
    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 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).
    DOE understands that absent an interim waiver, the basic models 
identified by ITW in its petition cannot be tested and rated for energy 
consumption on a basis representative of their true energy consumption 
characteristics. DOE has reviewed the alternate procedure suggested by 
ITW and concludes that it will allow for the accurate measurement of 
the energy use of these equipment, while alleviating the testing 
problems associated with ITW's implementation of DOE's applicable 
commercial refrigeration equipment test procedure for the specified 
Innopod models. However, DOE has clarified how ITW should determine 
basic models, as discussed in section III of this notice, and adjusted 
certain aspects of the requested alternate test procedure regarding 
ambient test conditions, referenced industry standards, and 
calculations, as discussed in section IV of this notice. Thus, DOE has 
determined that ITW's petition for waiver will likely be granted and 
has decided that it is desirable for public policy reasons to grant ITW 
immediate relief pending a determination on the petition for waiver.

III. Petition for Waiver and Interim Waiver Basic Models

    ITW's initial petition for waiver and interim waiver, submitted on 
December 20, 2016, included a list of twenty-two ``base model 
configurations'' of its Innopod equipment. However, based on the 
descriptions of the compartment configurations provided for each base 
model configuration, DOE expects that the list does not provide each 
basic model to which the waiver and interim waiver would apply.
    Specifically, DOE noted that many of the base model configurations 
include compartments that are convertible between the freezer and 
refrigerator temperature operating ranges. With respect to 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. 79 FR 22291 (April 21, 2014).
    Additionally, DOE notes that its current regulations allow for the 
use of alternative efficiency determination methods (AEDMs), which 
allow manufacturers to simulate the energy use of untested basic models 
once a manufacturer has a validated AEDM and could be used to simulate 
results at other rating temperatures. 10 CFR 429.70.
    Under DOE's definition of a basic model as ``equipment manufactured 
by one manufacturer within a single equipment class, having the same 
primary energy source, and that have essentially identical electrical, 
physical, and functional characteristics that affect energy 
consumption'' (10 CFR 431.62), the base model configurations in ITW's 
initial petition would represent multiple basic models depending on the 
set point of the convertible compartments. DOE requested that ITW 
provide an updated list of basic models, consistent with DOE's 
definition of basic model, that would be covered by the petition for 
waiver and request for interim waiver. ITW provided DOE with the 
updated list of basic model numbers on May 3, 2017.
    ITW's petition also describes compartments that are convertible 
between refrigerator and ambient temperature ranges. These compartments 
would only be considered refrigerator compartments under DOE's 
definitions (compartments capable of operating at or above 
32[emsp14][deg]F

[[Page 33083]]

(2[deg]F)). Accordingly, these compartments would only be 
tested and rated at the refrigerator compartment standardized 
temperature (38[emsp14][deg]F).

IV. Summary of Grant of Interim Waiver

    For the reasons stated in section II of this notice, DOE has 
granted ITW's application for interim waiver from testing for its 
specified commercial refrigeration equipment basic models, with minor 
modifications to the proposed approach. The substance of the interim 
waiver is summarized below.
    ITW is required to test and rate the specified ITW commercial 
refrigeration equipment Innopod basic models \3\ according to the 
alternate test procedure as set forth in section V, ``Alternate Test 
Procedure.'' DOE has revised ITW's proposed test approach to reflect 
ambient test conditions that are consistent with those required in the 
DOE test procedure. DOE has determined that the ambient condition 
requirement would not prevent testing of the Innopod basic models. 
Additionally, DOE has revised ITW's proposed alternate approach to 
reference the current version of the AHRI 1200 standard referenced in 
DOE's existing test procedure. Further, DOE has clarified certain 
details of the necessary measurements and calculations in the granted 
interim waiver.
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    \3\ 30-XX-X5-AAAAR, 30-XX-X5-AAARA, 30-XX-X5-AAARR, 30-XX-X5-
AAAFA, 30-XX-X5-AAAFR, 30-XX-X5-AARAA, 30-XX-X5-AARAR, 30-XX-X5-
AARRA, 30-XX-X5-AARRR, 30-XX-X5-AARFA, 30-XX-X5-AARFR, 30-XX-X5-
AAFAA, 30-XX-X5-AAFAR, 30-XX-X5-AAFRA, 30-XX-X5-AAFRR, 30-XX-X5-
AAFFA, 30-XX-X5-AAFFR, 30-XX-X5-ARAAA, 30-XX-X5-ARAAR, 30-XX-X5-
ARARA, 30-XX-X5-ARARR, 30-XX-X5-ARAFA, 30-XX-X5-ARAFR, 30-XX-X5-
ARRAA, 30-XX-X5-ARRAR, 30-XX-X5-ARRRA, 30-XX-X5-ARRRR, 30-XX-X5-
ARRFA, 30-XX-X5-ARRFR, 30-XX-X5-ARFAA, 30-XX-X5-ARFAR, 30-XX-X5-
ARFRA, 30-XX-X5-ARFRR, 30-XX-X5-ARFFA, 30-XX-X5-ARFFR, 30-XX-X5-
AFAAA, 30-XX-X5-AFAAR, 30-XX-X5-AFARA, 30-XX-X5-AFARR, 30-XX-X5-
AFAFA, 30-XX-X5-AFAFR, 30-XX-X5-AFRAA, 30-XX-X5-AFRAR, 30-XX-X5-
AFRRA, 30-XX-X5-AFRRR, 30-XX-X5-AFRFA, 30-XX-X5-AFRFR, 30-XX-X5-
AFFAA, 30-XX-X5-AFFAR, 30-XX-X5-AFFRA, 30-XX-X5-AFFRR, 30-XX-X5-
RAAAA, 30-XX-X5-RAAAR, 30-XX-X5-RAARA, 30-XX-X5-RAARR, 30-XX-X5-
RAAFA, 30-XX-X5-RAAFR, 30-XX-X5-RARAA, 30-XX-X5-RARAR, 30-XX-X5-
RARRA, 30-XX-X5-RARRR, 30-XX-X5-RARFA, 30-XX-X5-RARFR, 30-XX-X5-
RAFAA, 30-XX-X5-RAFAR, 30-XX-X5-RAFRA, 30-XX-X5-RAFRR, 30-XX-X5-
RAFFA, 30-XX-X5-RAFFR, 30-XX-X5-RRAAA, 30-XX-X5-RRAAR, 30-XX-X5-
RRARA, 30-XX-X5-RRARR, 30-XX-X5-RRAFA, 30-XX-X5-RRAFR, 30-XX-X5-
RRRAA, 30-XX-X5-RRRAR, 30-XX-X5-RRRRA, 30-XX-X5-RRRFA, 30-XX-X5-
RRFAA, 30-XX-X5-RRFAR, 30-XX-X5-RRFRA, 30-XX-X5-RRFFA, 30-XX-X5-
RFAAA, 30-XX-X5-RFAAR, 30-XX-X5-RFARA, 30-XX-X5-RFARR, 30-XX-X5-
RFAFA, 30-XX-X5-RFAFR, 30-XX-X5-RFRAA, 30-XX-X5-RFRAR, 30-XX-X5-
RFRRA, 30-XX-X5-RFRFA, 30-XX-X5-RFFAA, 30-XX-X5-RFFAR, 30-XX-X5-
RFFRA, 30-XX-X5-FAAAA, 30-XX-X5-FAAAR, 30-XX-X5-FAARA, 30-XX-X5-
FAARR, 30-XX-X5-FAAFA, 30-XX-X5-FAAFR, 30-XX-X5-FARAA, 30-XX-X5-
FARAR, 30-XX-X5-FARRA, 30-XX-X5-FARRR, 30-XX-X5-FARFA, 30-XX-X5-
FARFR, 30-XX-X5-FAFAA, 30-XX-X5-FAFAR, 30-XX-X5-FAFRA, 30-XX-X5-
FAFRR, 30-XX-X5-FRAAA, 30-XX-X5-FRAAR, 30-XX-X5-FRARA, 30-XX-X5-
FRARR, 30-XX-X5-FRAFA, 30-XX-X5-FRAFR, 30-XX-X5-FRRAA, 30-XX-X5-
FRRAR, 30-XX-X5-FRRRA, 30-XX-X5-FRRFA, 30-XX-X5-FRFAA, 30-XX-X5-
FRFAR, 30-XX-X5-FRFRA, 30-XX-X5-FFAAA, 30-XX-X5-FFAAR, 30-XX-X5-
FFARA, 30-XX-X5-FFARR, 30-XX-X5-FFRAA, 30-XX-X5-FFRAR, 30-XX-X5-
FFRRA, 30-XX-X4A-AAAR, 30-XX-X4A-AARA, 30-XX-X4A–AARR, 30-XX-
X4A-ARAA, 30-XX-X4A-ARAR, 30-XX-X4A-ARRA, 30-XX-X4A-ARRR, 30-XX-X4A-
AFAA, 30-XX-X4A-AFAR, 30-XX-X4A-AFRA, 30-XX-X4A-AFRR, 30-XX-X4A-
RAAA, 30-XX-X4A-RAAR, 30-XX-X4A-RARA, 30-XX-X4A-RARR, 30-XX-X4A-
RRAA, 30-XX-X4A-RRAR, 30-XX-X4A-RRRA, 30-XX-X4A-RFAA, 30-XX-X4A-
RFAR, 30-XX-X4A-RFRA, 30-XX-X4A-FAAA, 30-XX-X4A-FAAR, 30-XX-X4A-
FARA, 30-XX-X4A-FARR, 30-XX-X4A-FRAA, 30-XX-X4A-FRAR, 30-XX-X4A-
FRRA, 30-XX-X4A-FFAA, 30-XX-X4A-FFAR, 30-XX-X4A-FFRA, 30-XX-X4B-
AAAR, 30-XX-X4B-AARA, 30-XX-X4B-AARR, 30-XX-X4B-AAFA, 30-XX-X4B-
AAFR, 30-XX-X4B-ARAA, 30-XX-X4B-ARAR, 30-XX-X4B-ARRA, 30-XX-X4B-
ARRR, 30-XX-X4B-ARFA, 30-XX-X4B-ARFR, 30-XX-X4B-AFAA, 30-XX-X4B-
AFAR, 30-XX-X4B-AFRA, 30-XX-X4B-AFRR, 30-XX-X4B-AFFA, 30-XX-X4B-
AFFR, 30-XX-X4B-RAAA, 30-XX-X4B-RAAR, 30-XX-X4B-RARA, 30-XX-X4B-
RARR, 30-XX-X4B-RAFA, 30-XX-X4B-RAFR, 30-XX-X4B-RRAA, 30-XX-X4B-
RRAR, 30-XX-X4B-RRRA, 30-XX-X4B-RRFA, 30-XX-X4B-RFAA, 30-XX-X4B-
RFAR, 30-XX-X4B-RFRA, 30-XX-X4B-RFFA, 30-XX-XX-3-AAR, 30-XX-XX-3-30-
XX-XX-3-ARA, 30-XX-XX-3-ARR, 30-XX-XX-3-RAA, 30-XX-XX-3-RAR, and 30-
XX-XX-3-RRA.
---------------------------------------------------------------------------

    In addition, DOE is requiring that ITW test compartments in all 
relevant equipment configurations, as required by the current test 
procedure. Any compartments that are convertible between the 
refrigerator and freezer operating temperature ranges must be tested 
and rated under both test settings; however, the compartments in the 
ITW equipment that are convertible between ambient and refrigerator 
temperature ranges must be tested only at the refrigerator standardized 
compartment temperature of 38 [deg]F, as described in section III of 
this notice.
    ITW must make representations about the energy use of these basic 
models for compliance, marketing, or other purposes only to the extent 
that such equipment 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 
part 429, subpart B.
    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. ITW 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 429. 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).

V. 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 ITW in a subsequent 
Decision and Order.
    During the period of the interim waiver granted in this notice, ITW 
shall test the basic models listed in section IV according to the test 
procedure for commercial refrigeration equipment prescribed by DOE at 
10 CFR part 431, subpart C, appendix B, with some of the modifications 
to the existing DOE test requirements as specified in ITW's petition. 
However, DOE is requiring that ITW test its Innopod basic models 
according to the ambient test conditions as outlined in AHRI Standard 
1200 (I-P)-2010 section 4.1.2, which requires a wet-bulb test room 
temperature of 64.4 [deg]F  1.8 [deg]F, rather than the 
conditions

[[Page 33084]]

requested in the petition for waiver, which instead specify a test room 
dew point. Additionally, DOE has revised ITW's proposed alternate 
approach to reference the current version of the AHRI 1200 standard 
referenced in DOE's existing test procedure, AHRI Standard 1200 (I-P)-
2010. DOE has also clarified certain instructions, calculations, and 
measurements necessary to conduct the alternate test. Accordingly, DOE 
grants an interim waiver to ITW, but with modifications to ITW's 
requested approach. The applicable method of test for the specified ITW 
basic models is the test procedure for commercial refrigeration 
equipment prescribed by DOE at 10 CFR 431, subpart C, appendix B, with 
the following modifications:
    For the purpose of testing and rating, the Ambient (75 [deg]F) 
compartment is treated as a Medium (Refrigerator at 75 [deg]F) 
compartment. All volume and energy consumption calculations will be 
included within the Medium (Refrigerator 38 [deg]F) category and summed 
with other Medium (Refrigerator 38 [deg]F) compartment calculation(s). 
Compartments that are convertible between ambient and refrigerator 
temperature ranges shall be tested at the refrigerator temperature (38 
[deg]F). Compartments that are convertible between refrigerator and 
freezer (0 [deg]F) temperature ranges shall be tested at both 
temperatures.
BILLING CODE 6450-01-P

[[Page 33085]]

[GRAPHIC] [TIFF OMITTED] TN19JY17.004


[[Page 33086]]


[GRAPHIC] [TIFF OMITTED] TN19JY17.005

BILLING CODE 6450-01-C

VI. Summary and Request for Comments

    Through this notice, DOE announces receipt of ITW's petition for 
waiver from the DOE test procedure for certain basic models of ITW 
commercial refrigeration equipment, and announces DOE's decision to 
grant ITW an interim waiver from the test procedure for the specified 
basic models of commercial refrigeration equipment. DOE is publishing 
ITW's petition for waiver in redacted form, pursuant to 10 CFR 
431.401(b)(1)(iv). The petition contains confidential information. The 
petition includes a suggested alternate test procedure to determine the 
energy consumption of specific basic models of commercial refrigeration 
equipment. DOE may consider including this alternate procedure in a 
subsequent Decision and Order based on comments from interested 
parties. However, DOE has tentatively determined that the alternate 
procedure proposed by ITW is not entirely acceptable and has provided a 
modified alternate test procedure as a part of its grant of an interim 
waiver. 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 Ms. Mary Dane, Agency Approval Engineer, 
ITW Food Equipment Group, LLC, North American Refrigeration, 4401 Blue 
Mound Rd., Fort Worth, TX 76106. All comment submissions must include 
the agency name and Case No. CR-007 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 July 11, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
BILLING CODE 6450-01-P

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[FR Doc. 2017-15130 Filed 7-18-17; 8:45 am]
 BILLING CODE 6450-01-C



                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                                   33081

                                                      Dated: July 14, 2017.                                  DATES:  DOE will accept comments, data,               includes commercial refrigeration
                                                    Stephanie Valentine,                                     and information with regard to the ITW                equipment.2 Part C includes definitions,
                                                    Acting Director, Information Collection                  petition until August 18, 2017.                       test procedures, labeling provisions,
                                                    Clearance Division, Office of the Chief Privacy          ADDRESSES: You may submit comments,                   energy conservation standards, and the
                                                    Officer, Office of Management.                           identified by Case No. CR–007, by any                 authority to require information and
                                                    [FR Doc. 2017–15133 Filed 7–18–17; 8:45 am]              of the following methods:                             reports from manufacturers. Further,
                                                    BILLING CODE 4000–01–P                                     • Federal eRulemaking Portal: http://               Part C authorizes the Secretary of
                                                                                                             www.regulations.gov. Follow the                       Energy to prescribe test procedures that
                                                                                                             instructions for submitting comments.                 are reasonably designed to produce
                                                    DEPARTMENT OF ENERGY                                       • Email: AS_Waiver_Requests@                        results that measure energy efficiency,
                                                                                                             ee.doe.gov. Include the case number                   energy use, or estimated operating costs
                                                    Office of Energy Efficiency and                          [Case No. CR–007] in the subject line of              during a representative average-use
                                                    Renewable Energy                                         the message. Submit electronic                        cycle, and that are not unduly
                                                                                                             comments in WordPerfect, Microsoft                    burdensome to conduct. (42 U.S.C.
                                                    [Case No. CR–007]                                        Word, PDF, or ASCII file format, and                  6314(a)(2)) The test procedure for
                                                                                                             avoid the use of special characters or                commercial refrigeration equipment is
                                                    Notice of Petition for Waiver of ITW                     any form of encryption.                               contained in Title 10 of the CFR part
                                                    Food Equipment Group, LLC From the                         • Postal Mail: Mr. Bryan Berringer,                 431, subpart C, appendix B, ‘‘Amended
                                                    Department of Energy Commercial                          U.S. Department of Energy, Building                   Uniform Test Method for the
                                                    Refrigeration Equipment Test                             Technologies Office, Mailstop EE–5B,                  Measurement of Energy Consumption of
                                                    Procedures and Grant of Interim                          Petition for Waiver Case No. CR–007,                  Commercial Refrigerators, Freezers, and
                                                    Waiver                                                   1000 Independence Avenue SW.,                         Refrigerator-Freezers.’’
                                                    AGENCY:   Office of Energy Efficiency and                Washington, DC 20585–0121.                               DOE’s regulations set forth at 10 CFR
                                                    Renewable Energy, Department of                          Telephone: (202) 586–0371. If possible,               431.401 contain provisions that allow a
                                                    Energy.                                                  please submit all items on a compact                  person to seek a waiver from the test
                                                                                                             disc (CD), in which case it is not                    procedure requirements for a particular
                                                    ACTION: Notice of petition for waiver and
                                                                                                             necessary to include printed copies.                  basic model of a type of covered
                                                    grant of interim waiver, and request for
                                                                                                               • Hand Delivery/Courier: Appliance                  equipment when the petitioner’s basic
                                                    public comment.
                                                                                                             and Equipment Standards Program, U.S.                 model for which the petition for waiver
                                                    SUMMARY:   This notice announces receipt                 Department of Energy, Building                        was submitted contains one or more
                                                    of and publishes a petition for waiver                   Technologies Office, 950 L’Enfant Plaza               design characteristics that either (1)
                                                    from ITW Food Equipment Group, LLC                       SW., 6th Floor, Washington, DC, 20024.                prevent testing according to the
                                                    (ITW) seeking an exemption from                          Telephone: (202) 586–6636. If possible,               prescribed test procedures; or (2) cause
                                                    specified portions of the U.S.                           please submit all items on a CD, in                   the prescribed test procedures to
                                                    Department of Energy (DOE) test                          which case it is not necessary to include             evaluate the basic model in a manner so
                                                    procedure for determining the energy                     printed copies.                                       unrepresentative of its true energy
                                                    consumption of commercial                                  Docket: The docket, which includes                  consumption as to provide materially
                                                    refrigeration equipment under the                        Federal Register notices, comments,                   inaccurate comparative data. 10 CFR
                                                    regulations for basic models of their                    and other supporting documents/                       431.401(a)(1). A petitioner must include
                                                    Innopod temperature controlled grocery                   materials, is available for review at                 in its petition any alternate test
                                                    and general merchandise system                           http://www.regulations.gov. All                       procedures known to the petitioner to
                                                    (Innopod). ITW requests modifications,                   documents in the docket are listed in                 evaluate the basic model in a manner
                                                    as specified in its petition for waiver, to              the http://www.regulations.gov index.                 representative of its energy
                                                    the existing DOE test procedure, which                   However, some documents listed in the                 consumption. 10 CFR 431.401(b)(1)(iii).
                                                    references Air-Conditioning, and                         index, such as those containing                          DOE may grant a waiver subject to
                                                    Refrigeration Institute (ARI) Standard                   information that is exempt from public                conditions, including adherence to
                                                    1200–2006 and Air-Conditioning,                          disclosure, may not be publicly                       alternate test procedures. 10 CFR
                                                    Heating, and Refrigeration Institute                     available.                                            431.401(f)(2). As soon as practicable
                                                    (AHRI) Standard 1200 (I–P)–2010 that                     FOR FURTHER INFORMATION CONTACT:   Mr.                after the granting of any waiver, DOE
                                                    further references American National                     Bryan Berringer, U.S. Department of                   will publish in the Federal Register a
                                                    Standards Institute/American Society of                  Energy, Building Technologies Office,                 notice of proposed rulemaking to amend
                                                    Heating, Refrigerating and Air-                          Mailstop EE–5B, 1000 Independence                     its regulations so as to eliminate any
                                                    Conditioning Engineers (ANSI/                            Avenue SW., Washington, DC 20585–                     need for the continuation of such
                                                    ASHRAE) Standard 72. ITW submitted                       0121. Telephone: (202) 586–0371.                      waiver. As soon thereafter as
                                                    to DOE an alternate test procedure that                  Email: AS_Waiver_Requests@                            practicable, DOE will publish in the
                                                    allows for testing of specified Innopod                  ee.doe.gov.                                           Federal Register a final rule. 10 CFR
                                                    basic models. This notice also                                                                                 431.401(l).
                                                                                                             SUPPLEMENTARY INFORMATION:                               The waiver process also allows DOE
                                                    announces that DOE has granted ITW an
                                                    interim waiver from the DOE                              I. Background and Authority                           to grant an interim waiver if it appears
                                                                                                                                                                   likely that the petition for waiver will be
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                                                    commercial refrigeration equipment test                     Title III, Part C 1 of the Energy Policy
                                                    procedures for the specified commercial                                                                        granted and/or if DOE determines that it
                                                                                                             and Conservation Act of 1975 (EPCA),                  would be desirable for public policy
                                                    refrigeration equipment basic models,                    Public Law 94–163 (42 U.S.C. 6311–
                                                    subject to use of the alternative test                                                                         reasons to grant immediate relief
                                                                                                             6316, as codified) established the                    pending a determination on the petition
                                                    procedure as set forth in this notice.                   Energy Conservation Program for
                                                    DOE solicits comments, data, and                         Certain Industrial Equipment, which                     2 All references to EPCA in this document refer
                                                    information concerning ITW’s petition                                                                          to the statute as amended through the Energy
                                                    and its suggested alternate test                           1 For editorial reasons, upon codification in the   Efficiency Improvement Act of 2015 (EEIA), Public
                                                    procedure.                                               U.S. Code, Part C was redesignated as Part A–1.       Law 114–11 (April 30, 2015).



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                                                    33082                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices

                                                    for waiver. 10 CFR 431.401(e)(2). Within                 procedures may evaluate the basic                     III. Petition for Waiver and Interim
                                                    one year of issuance of an interim                       model in a manner so unrepresentative                 Waiver Basic Models
                                                    waiver, DOE will either: (i) Publish in                  of its true energy consumption as to                     ITW’s initial petition for waiver and
                                                    the Federal Register a determination on                  provide materially inaccurate                         interim waiver, submitted on December
                                                    the petition for waiver; or (ii) publish in              comparative data. ITW submitted to                    20, 2016, included a list of twenty-two
                                                    the Federal Register a new or amended                    DOE an alternate test procedure that                  ‘‘base model configurations’’ of its
                                                    test procedure that addresses the issues                 allows for testing of its Innopod basic               Innopod equipment. However, based on
                                                    presented in the waiver. 10 CFR                          models.                                               the descriptions of the compartment
                                                    431.401(h)(1). When DOE amends the                                                                             configurations provided for each base
                                                    test procedure to address the issues                        ITW’s Innopod basic models include
                                                                                                             multiple thermally separated,                         model configuration, DOE expects that
                                                    presented in a waiver, the waiver will
                                                                                                             temperature controlled compartments                   the list does not provide each basic
                                                    automatically terminate on the date on
                                                                                                             supplied with refrigerant from a single               model to which the waiver and interim
                                                    which use of that test procedure is
                                                                                                             condensing unit. ITW’s petition                       waiver would apply.
                                                    required to demonstrate compliance. 10
                                                                                                                                                                      Specifically, DOE noted that many of
                                                    CFR 431.401(h)(2).                                       proposes an alternate test using an
                                                                                                                                                                   the base model configurations include
                                                                                                             ‘‘inverse refrigeration load’’ test, various
                                                    II. ITW’s Petition for Waiver of Test                                                                          compartments that are convertible
                                                    Procedure and Application for Interim                    calculations to account for refrigeration             between the freezer and refrigerator
                                                    Waiver                                                   system and component energy                           temperature operating ranges. With
                                                                                                             consumption, and adjustments to the                   respect to multi-mode operation, DOE
                                                       On December 20, 2016, ITW                             door opening requirements based on
                                                    submitted a petition for waiver and                                                                            has taken the position in the most recent
                                                                                                             typical use in the field. ITW’s proposed              commercial refrigeration equipment test
                                                    interim waiver pursuant to 10 CFR
                                                                                                             refrigeration system calculations rely on             procedure final rule that self-contained
                                                    431.401 pertaining to DOE’s test
                                                                                                             the current calculations and                          equipment or remote condensing
                                                    procedure at 10 CFR part 431, subpart
                                                    C, appendix B, for their Innopod                         assumptions used for testing remote                   equipment with thermostats capable of
                                                    temperature controlled grocery and                       condensing commercial refrigeration                   operating at temperatures that span
                                                    general merchandise system (Innopod)                     equipment in accordance with the DOE                  multiple equipment categories must be
                                                    basic models of commercial                               test procedure.                                       certified and comply with DOE’s
                                                    refrigeration equipment. ITW’s initial                      As previously noted, an interim                    regulations for each applicable
                                                    petition included twenty-two base                        waiver may be granted if it appears                   equipment category. 79 FR 22291 (April
                                                    model configurations. On May 3, 2017,                    likely that the petition for waiver will be           21, 2014).
                                                    ITW provided DOE with the complete                       granted, and/or if DOE determines that                   Additionally, DOE notes that its
                                                    list of 200 basic models covered by the                                                                        current regulations allow for the use of
                                                                                                             it would be desirable for public policy
                                                    twenty-two base model configurations.                                                                          alternative efficiency determination
                                                                                                             reasons to grant immediate relief
                                                    ITW petitioned for a waiver and interim                                                                        methods (AEDMs), which allow
                                                                                                             pending a determination of the petition               manufacturers to simulate the energy
                                                    waiver from various DOE test procedure                   for waiver. See 10 CFR 431.401(e)(2).
                                                    requirements.                                                                                                  use of untested basic models once a
                                                       DOE’s current test procedure                             DOE understands that absent an                     manufacturer has a validated AEDM and
                                                    references Air-Conditioning, and                         interim waiver, the basic models                      could be used to simulate results at
                                                    Refrigeration Institute (ARI) Standard                   identified by ITW in its petition cannot              other rating temperatures. 10 CFR
                                                    1200–2006 and Air-Conditioning,                          be tested and rated for energy                        429.70.
                                                    Heating, and Refrigeration Institute                     consumption on a basis representative                    Under DOE’s definition of a basic
                                                    (AHRI) Standard 1200 (I–P)–2010,                         of their true energy consumption                      model as ‘‘equipment manufactured by
                                                    which further references American                        characteristics. DOE has reviewed the                 one manufacturer within a single
                                                    National Standards Institute/American                    alternate procedure suggested by ITW                  equipment class, having the same
                                                    Society of Heating, Refrigerating and                    and concludes that it will allow for the              primary energy source, and that have
                                                    Air-Conditioning Engineers (ANSI/                        accurate measurement of the energy use                essentially identical electrical, physical,
                                                    ASHRAE) Standard 72 (incorporated by                     of these equipment, while alleviating                 and functional characteristics that affect
                                                    reference at 10 CFR 431.63 (c) and (d)).                 the testing problems associated with                  energy consumption’’ (10 CFR 431.62),
                                                    ITW asserts that these current test                      ITW’s implementation of DOE’s                         the base model configurations in ITW’s
                                                    procedures do not account for the                                                                              initial petition would represent multiple
                                                                                                             applicable commercial refrigeration
                                                    unique operating characteristics of the                                                                        basic models depending on the set point
                                                                                                             equipment test procedure for the
                                                    Innopod basic models. Because the                                                                              of the convertible compartments. DOE
                                                                                                             specified Innopod models. However,
                                                    specific design of this product line                                                                           requested that ITW provide an updated
                                                    contains one or more design                              DOE has clarified how ITW should                      list of basic models, consistent with
                                                    characteristics noted in the waiver                      determine basic models, as discussed in               DOE’s definition of basic model, that
                                                    request, including floating suction                      section III of this notice, and adjusted              would be covered by the petition for
                                                    temperatures for individual                              certain aspects of the requested alternate            waiver and request for interim waiver.
                                                    compartments, different typical door-                    test procedure regarding ambient test                 ITW provided DOE with the updated
                                                    opening cycles, and a high-temperature                   conditions, referenced industry                       list of basic model numbers on May 3,
                                                                                                             standards, and calculations, as
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                                                    ‘‘ambient’’ compartment, ITW believes                                                                          2017.
                                                    that its petition and combined                           discussed in section IV of this notice.                  ITW’s petition also describes
                                                    application meets both conditions of 10                  Thus, DOE has determined that ITW’s                   compartments that are convertible
                                                    CFR 431.401(a)(1) for granting waivers,                  petition for waiver will likely be granted            between refrigerator and ambient
                                                    on the grounds that: (1) The petitioner’s                and has decided that it is desirable for              temperature ranges. These
                                                    basic model contains one or more                         public policy reasons to grant ITW                    compartments would only be
                                                    design characteristics that prevent                      immediate relief pending a                            considered refrigerator compartments
                                                    testing according to the prescribed test                 determination on the petition for                     under DOE’s definitions (compartments
                                                    procedures; and (2) The prescribed test                  waiver.                                               capable of operating at or above 32 °F


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                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                            33083

                                                    (±2°F)). Accordingly, these                              according to the alternate test procedure             manufactured by the petitioner. ITW
                                                    compartments would only be tested and                    as set forth in section V, ‘‘Alternate Test           may request that DOE extend the scope
                                                    rated at the refrigerator compartment                    Procedure.’’ DOE has revised ITW’s                    of a waiver or an interim waiver to
                                                    standardized temperature (38 °F).                        proposed test approach to reflect                     include additional basic models
                                                                                                             ambient test conditions that are                      employing the same technology as the
                                                    IV. Summary of Grant of Interim
                                                                                                             consistent with those required in the                 basic models set forth in the original
                                                    Waiver
                                                                                                             DOE test procedure. DOE has                           petition consistent with 10 CFR
                                                      For the reasons stated in section II of                determined that the ambient condition                 431.401(g). In addition, DOE notes that
                                                    this notice, DOE has granted ITW’s                       requirement would not prevent testing                 granting of an interim waiver or waiver
                                                    application for interim waiver from                      of the Innopod basic models.                          does not release a petitioner from the
                                                    testing for its specified commercial                     Additionally, DOE has revised ITW’s                   certification requirements set forth at 10
                                                    refrigeration equipment basic models,                    proposed alternate approach to                        CFR part 429. See also 10 CFR
                                                    with minor modifications to the                          reference the current version of the                  431.401(a) and (i).
                                                    proposed approach. The substance of                      AHRI 1200 standard referenced in                         The interim waiver shall remain in
                                                    the interim waiver is summarized                         DOE’s existing test procedure. Further,               effect consistent with 10 CFR
                                                    below.                                                   DOE has clarified certain details of the              431.401(h). Furthermore, this interim
                                                      ITW is required to test and rate the                   necessary measurements and                            waiver is conditioned upon the
                                                    specified ITW commercial refrigeration                   calculations in the granted interim                   presumed validity of statements,
                                                    equipment Innopod basic models 3                         waiver.                                               representations, and documents
                                                                                                               In addition, DOE is requiring that ITW              provided by the petitioner. DOE may
                                                      3 30–XX–X5–AAAAR, 30–XX–X5–AAARA, 30–
                                                                                                             test compartments in all relevant                     rescind or modify a waiver or interim
                                                    XX–X5–AAARR, 30–XX–X5–AAAFA, 30–XX–X5–
                                                    AAAFR, 30–XX–X5–AARAA, 30–XX–X5–AARAR,
                                                                                                             equipment configurations, as required                 waiver at any time upon a
                                                    30–XX–X5–AARRA, 30–XX–X5–AARRR, 30–XX–                   by the current test procedure. Any                    determination that the factual basis
                                                    X5–AARFA, 30–XX–X5–AARFR, 30–XX–X5–                      compartments that are convertible                     underlying the petition for waiver or
                                                    AAFAA, 30–XX–X5–AAFAR, 30–XX–X5–AAFRA,                   between the refrigerator and freezer                  interim waiver is incorrect, or upon a
                                                    30–XX–X5–AAFRR, 30–XX–X5–AAFFA, 30–XX–
                                                    X5–AAFFR, 30–XX–X5–ARAAA, 30–XX–X5–
                                                                                                             operating temperature ranges must be                  determination that the results from the
                                                    ARAAR, 30–XX–X5–ARARA, 30–XX–X5–ARARR,                   tested and rated under both test settings;            alternate test procedure are
                                                    30–XX–X5–ARAFA, 30–XX–X5–ARAFR, 30–XX–                   however, the compartments in the ITW                  unrepresentative of the basic model’s
                                                    X5–ARRAA, 30–XX–X5–ARRAR, 30–XX–X5–                      equipment that are convertible between                true energy consumption characteristics.
                                                    ARRRA, 30–XX–X5–ARRRR, 30–XX–X5–ARRFA,
                                                    30–XX–X5–ARRFR, 30–XX–X5–ARFAA, 30–XX–
                                                                                                             ambient and refrigerator temperature                  See 10 CFR 431.401(k).
                                                    X5–ARFAR, 30–XX–X5–ARFRA, 30–XX–X5–                      ranges must be tested only at the
                                                                                                                                                                   V. Alternate Test Procedure
                                                    ARFRR, 30–XX–X5–ARFFA, 30–XX–X5–ARFFR,                   refrigerator standardized compartment
                                                    30–XX–X5–AFAAA, 30–XX–X5–AFAAR, 30–XX–                   temperature of 38 °F, as described in                    EPCA requires that manufacturers use
                                                    X5–AFARA, 30–XX–X5–AFARR, 30–XX–X5–                                                                            DOE test procedures when making
                                                    AFAFA, 30–XX–X5–AFAFR, 30–XX–X5–AFRAA,
                                                                                                             section III of this notice.
                                                    30–XX–X5–AFRAR, 30–XX–X5–AFRRA, 30–XX–                     ITW must make representations about                 representations about the energy
                                                    X5–AFRRR, 30–XX–X5–AFRFA, 30–XX–X5–                      the energy use of these basic models for              consumption and energy consumption
                                                    AFRFR, 30–XX–X5–AFFAA, 30–XX–X5–AFFAR,                   compliance, marketing, or other                       costs of equipment covered by the
                                                    30–XX–X5–AFFRA, 30–XX–X5–AFFRR, 30–XX–                                                                         statute. (42 U.S.C. 6293(c); 6314(d))
                                                    X5–RAAAA, 30–XX–X5–RAAAR, 30–XX–X5–
                                                                                                             purposes only to the extent that such
                                                    RAARA, 30–XX–X5–RAARR, 30–XX–X5–RAAFA,                   equipment have been tested in                         Consistent representations about the
                                                    30–XX–X5–RAAFR, 30–XX–X5–RARAA, 30–XX–                   accordance with the provisions set forth              energy efficiency of covered equipment
                                                    X5–RARAR, 30–XX–X5–RARRA, 30–XX–X5–                      in the alternate test procedure and such              are important for consumers evaluating
                                                    RARRR, 30–XX–X5–RARFA, 30–XX–X5–RARFR,                                                                         equipment when making purchasing
                                                    30–XX–X5–RAFAA, 30–XX–X5–RAFAR, 30–XX–
                                                                                                             representations fairly disclose the
                                                    X5–RAFRA, 30–XX–X5–RAFRR, 30–XX–X5–                      results of such testing in accordance                 decisions and for manufacturers to
                                                    RAFFA, 30–XX–X5–RAFFR, 30–XX–X5–RRAAA,                   with 10 CFR part 429, subpart B.                      demonstrate compliance with
                                                    30–XX–X5–RRAAR, 30–XX–X5–RRARA, 30–XX–                     DOE makes decisions on waivers and                  applicable DOE energy conservation
                                                    X5–RRARR, 30–XX–X5–RRAFA, 30–XX–X5–                      interim waivers for only those basic                  standards. Pursuant to its regulations
                                                    RRAFR, 30–XX–X5–RRRAA, 30–XX–X5–RRRAR,
                                                    30–XX–X5–RRRRA, 30–XX–X5–RRRFA, 30–XX–                   models specifically set out in the                    applicable to waivers and interim
                                                    X5–RRFAA, 30–XX–X5–RRFAR, 30–XX–X5–                      petition, not future models that may be               waivers from applicable test procedures
                                                    RRFRA, 30–XX–X5–RRFFA, 30–XX–X5–RFAAA,                                                                         at 10 CFR 431.401, and after considering
                                                    30–XX–X5–RFAAR, 30–XX–X5–RFARA, 30–XX–                   X4A–AFRR, 30–XX–X4A–RAAA, 30–XX–X4A–                  public comments on the petition, DOE
                                                    X5–RFARR, 30–XX–X5–RFAFA, 30–XX–X5–                      RAAR, 30–XX–X4A–RARA, 30–XX–X4A–RARR,
                                                    RFAFR, 30–XX–X5–RFRAA, 30–XX–X5–RFRAR,                                                                         will announce its decision as to an
                                                                                                             30–XX–X4A–RRAA, 30–XX–X4A–RRAR, 30–XX–
                                                    30–XX–X5–RFRRA, 30–XX–X5–RFRFA, 30–XX–                   X4A–RRRA, 30–XX–X4A–RFAA, 30–XX–X4A–                  alternate test procedure for ITW in a
                                                    X5–RFFAA, 30–XX–X5–RFFAR, 30–XX–X5–                      RFAR, 30–XX–X4A–RFRA, 30–XX–X4A–FAAA,                 subsequent Decision and Order.
                                                    RFFRA, 30–XX–X5–FAAAA, 30–XX–X5–FAAAR,                   30–XX–X4A–FAAR, 30–XX–X4A–FARA, 30–XX–                   During the period of the interim
                                                    30–XX–X5–FAARA, 30–XX–X5–FAARR, 30–XX–                   X4A–FARR, 30–XX–X4A–FRAA, 30–XX–X4A–
                                                    X5–FAAFA, 30–XX–X5–FAAFR, 30–XX–X5–
                                                                                                                                                                   waiver granted in this notice, ITW shall
                                                                                                             FRAR, 30–XX–X4A–FRRA, 30–XX–X4A–FFAA,
                                                    FARAA, 30–XX–X5–FARAR, 30–XX–X5–FARRA,                   30–XX–X4A–FFAR, 30–XX–X4A–FFRA, 30–XX–
                                                                                                                                                                   test the basic models listed in section IV
                                                    30–XX–X5–FARRR, 30–XX–X5–FARFA, 30–XX–                   X4B–AAAR, 30–XX–X4B–AARA, 30–XX–X4B–                  according to the test procedure for
                                                    X5–FARFR, 30–XX–X5–FAFAA, 30–XX–X5–                      AARR, 30–XX–X4B–AAFA, 30–XX–X4B–AAFR,                 commercial refrigeration equipment
                                                    FAFAR, 30–XX–X5–FAFRA, 30–XX–X5–FAFRR,                   30–XX–X4B–ARAA, 30–XX–X4B–ARAR, 30–XX–
                                                    30–XX–X5–FRAAA, 30–XX–X5–FRAAR, 30–XX–
                                                                                                                                                                   prescribed by DOE at 10 CFR part 431,
                                                                                                             X4B–ARRA, 30–XX–X4B–ARRR, 30–XX–X4B–
                                                    X5–FRARA, 30–XX–X5–FRARR, 30–XX–X5–                      ARFA, 30–XX–X4B–ARFR, 30–XX–X4B–AFAA,                 subpart C, appendix B, with some of the
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                                                    FRAFA, 30–XX–X5–FRAFR, 30–XX–X5–FRRAA,                   30–XX–X4B–AFAR, 30–XX–X4B–AFRA, 30–XX–                modifications to the existing DOE test
                                                    30–XX–X5–FRRAR, 30–XX–X5–FRRRA, 30–XX–                   X4B–AFRR, 30–XX–X4B–AFFA, 30–XX–X4B–                  requirements as specified in ITW’s
                                                    X5–FRRFA, 30–XX–X5–FRFAA, 30–XX–X5–                      AFFR, 30–XX–X4B–RAAA, 30–XX–X4B–RAAR,
                                                    FRFAR, 30–XX–X5–FRFRA, 30–XX–X5–FFAAA,
                                                                                                                                                                   petition. However, DOE is requiring that
                                                                                                             30–XX–X4B–RARA, 30–XX–X4B–RARR, 30–XX–
                                                    30–XX–X5–FFAAR, 30–XX–X5–FFARA, 30–XX–                   X4B–RAFA, 30–XX–X4B–RAFR, 30–XX–X4B–                  ITW test its Innopod basic models
                                                    X5–FFARR, 30–XX–X5–FFRAA, 30–XX–X5–                      RRAA, 30–XX–X4B–RRAR, 30–XX–X4B–RRRA,                 according to the ambient test conditions
                                                    FFRAR, 30–XX–X5–FFRRA, 30–XX–X4A–AAAR,                   30–XX–X4B–RRFA, 30–XX–X4B–RFAA, 30–XX–                as outlined in AHRI Standard 1200 (I–
                                                    30–XX–X4A–AARA, 30–XX–X4A–AARR, 30–XX–                   X4B–RFAR, 30–XX–X4B–RFRA, 30–XX–X4B–
                                                    X4A–ARAA, 30–XX–X4A–ARAR, 30–XX–X4A–                     RFFA, 30–XX–XX–3–AAR, 30–XX–XX–3–30–XX–
                                                                                                                                                                   P)–2010 section 4.1.2, which requires a
                                                    ARRA, 30–XX–X4A–ARRR, 30–XX–X4A–AFAA,                    XX–3–ARA, 30–XX–XX–3–ARR, 30–XX–XX–3–                 wet-bulb test room temperature of 64.4
                                                    30–XX–X4A–AFAR, 30–XX–X4A–AFRA, 30–XX–                   RAA, 30–XX–XX–3–RAR, and 30–XX–XX–3–RRA.              °F ± 1.8 °F, rather than the conditions


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                                                    33084                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices

                                                    requested in the petition for waiver,                    to ITW’s requested approach. The                      (Refrigerator 38 °F) category and
                                                    which instead specify a test room dew                    applicable method of test for the                     summed with other Medium
                                                    point. Additionally, DOE has revised                     specified ITW basic models is the test                (Refrigerator 38 °F) compartment
                                                    ITW’s proposed alternate approach to                     procedure for commercial refrigeration                calculation(s). Compartments that are
                                                    reference the current version of the                     equipment prescribed by DOE at 10 CFR                 convertible between ambient and
                                                    AHRI 1200 standard referenced in                         431, subpart C, appendix B, with the                  refrigerator temperature ranges shall be
                                                    DOE’s existing test procedure, AHRI                      following modifications:                              tested at the refrigerator temperature
                                                    Standard 1200 (I–P)–2010. DOE has also                      For the purpose of testing and rating,             (38 °F). Compartments that are
                                                    clarified certain instructions,                          the Ambient (75 °F) compartment is                    convertible between refrigerator and
                                                    calculations, and measurements                           treated as a Medium (Refrigerator at 75               freezer (0 °F) temperature ranges shall
                                                    necessary to conduct the alternate test.                 °F) compartment. All volume and
                                                                                                                                                                   be tested at both temperatures.
                                                    Accordingly, DOE grants an interim                       energy consumption calculations will be
                                                                                                                                                                   BILLING CODE 6450–01–P
                                                    waiver to ITW, but with modifications                    included within the Medium
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                  Federal Register/Vol. 82, No. 137 /Wednesday, July 19, 2017 /Notices                                                       33085

   Test Condition/s or Calculation/s                                  Alternate Innopod Test Procedure
Test Method                             Inverse Refrigeration Load" test
                                       Allows energy (Heat) loss at a rate and delta—T equivalent to energy gains of a standard
                                       refrigerated cabinet.
Ambient                                Dry Bulb: 75.2 °F +1.8 °F
                                       Wet Bulb: 64.4 °F+1.8 °F
Integrated Average Temperature (IAT)   Refrigerator: (75.2 °F + 75.2 °F — 38 °F) = 112.4 °F +2 °F
Simulated Product                      Freezer: (75.2 °F +75.2 °F — 0 °F) = 150.4 °F +2 °F
vs.                                    Ambient: (75.2 °F + 75.2 °F —75 °F) =75.4 °F +2 °F
Test Ambient                           *To ensure compartment temperature stability, the average of all temperature measurements at
Delta—T                                the end ofthe test period must be no lower than the average of all temperature measurements at
                                       the start of the test period.

                                                        Inside    Outside     Delta—T
                                       Refrigerator:    112.4°F    75.2 °F     37.2 °F
                                       Freezer:        150.4°F     75.2°F      75.2°F
                                       Ambient:        75.04 °B    75.2°F       0.4 °F

                                       Heat — LOSS = Heat — GAIN as prescribed in the test procedure
Door—Opening Requirement               Door openings shall start 3 hours after concluding stabilization period. Open each door for 8
                                       seconds, every 2 hours, for 10 consecutive hours. (6 door cycles) (3 "load" and "unload" cycles)
                                        > Stock (load) + Retrieve (un—load) = Cycle (turn)
Calculation of Refrigeration Load      Total energy added divided by the total test time.
                                           <
                                          "Inverse Refrigeration Load"

                                       Q = Win (watt—hour) x 3.412 (BTU/watt—hour) = (BTU/Hr.)
                                                       t (Hr.)
                                       Where:
                                                  Win = energy input measured over test period for all energized components (heaters,
                                                  controls, and fans) located in the refrigerated compartments. Anti—sweat heaters shall
                                                  be de—energized for the test.
                                                  t =test duration (24 hours)

                                       Provides the "energy removed" by infiltration.
Adjusted Dew Point & EER               Dew Point (D.P.): Derived from standard industry design practices, "as the customary saturated
AHRI 1200—2010                         vapor temperature of the refrigerant as it leaves the cabinet through the suction line." The Energy
Table 1, EER                           Efficiency Ratio is then taken from this value using Table 1.

                                       EER
                                       A.D.P.: Med. Temp. =(D.P.: +15 °F)—2°F =+13 °F           EER=11.22 Btu/Wh
                                       A.D.P.;: Low Temp. =(D.P.: —20°F)—3 °F = —23 °F          EER = 6.60 Btw/Wh
Calculated Daily Energy Consumption    Part 1: REVISED, Calculation of CEC
AHRI 1200—2010
                                       CEC = [(Q x t) + ML + (FEC + AEC + DEC) x 3.412] / (1000 x EER)
                                       >"Q" does NOT include waste heat from auxiliary components and moisture infiltration (must be
                                       added separately).
                                       Where:
                                                  ML: Moisture load impacts (see below)
                                                  FEC: Evaporator Fan/s [measured fan power x runtime per day] (Wh/day)
                                                  AEC: Anti—Condensate Heater/s [measured heater power x runtime per day] (Wh/day)
                                                  DEC: Defrost Heater/s [measured heater power x runtime per day] (Wh/day)

                                       Moisture load impact calculations:
                                       Total impact: Number of door openings times (Enthalpy Adjustment + Moisture/frost
                                       Accumulation): ML = Nq x (A+ Am)


                                       Where N4 = number of door openings during test
                                       Enthalpy Adjustment: A. = [(H, — H.) — (M.—H,)] m
                                       Where:
                                                  H, = ambient air enthalpy
                                                  H, = compartment air enthalpy based on air conditions during cold operation:
                                                             0 °F dry bulb/—20 °F dew pt. for freezer compartment;
                                                             38 °F dry bulb/20 °F dew pt. for refrigerator compartment;
                                                             75 °F dry bulb/20 °F dew pt. for ambient compartment.
                                                  H, = compartment air enthalpy during heat leak test based on dew point being equal to
                                                  ambient air dew point


                                                    33086                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices




                                                    BILLING CODE 6450–01–C                                   provided a modified alternate test                    characters or any form of encryption.
                                                    VI. Summary and Request for                              procedure as a part of its grant of an                Wherever possible, include the
                                                    Comments                                                 interim waiver. DOE will consider                     electronic signature of the author. DOE
                                                                                                             public comments on the petition in                    does not accept telefacsimiles (faxes).
                                                       Through this notice, DOE announces
                                                                                                             issuing its Decision and Order.                          Pursuant to 10 CFR 1004.11, any
                                                    receipt of ITW’s petition for waiver from
                                                    the DOE test procedure for certain basic                    DOE solicits comments from                         person submitting information that he
                                                    models of ITW commercial refrigeration                   interested parties on all aspects of the              or she believes to be confidential and
                                                    equipment, and announces DOE’s                           petition, including the suggested                     exempt by law from public disclosure
                                                    decision to grant ITW an interim waiver                  alternate test procedure and calculation              should submit two copies to DOE: One
                                                    from the test procedure for the specified                methodology. Pursuant to 10 CFR                       copy of the document marked
                                                    basic models of commercial                               431.401(d), any person submitting                     ‘‘confidential’’ with all of the
                                                    refrigeration equipment. DOE is                          written comments to DOE must also                     information believed to be confidential
                                                    publishing ITW’s petition for waiver in                  send a copy of such comments to the                   included, and one copy of the document
                                                    redacted form, pursuant to 10 CFR                        petitioner. The contact information for               marked ‘‘non-confidential’’ with all of
                                                    431.401(b)(1)(iv). The petition contains                 the petitioner’s representative is Ms.                the information believed to be
                                                    confidential information. The petition                   Mary Dane, Agency Approval Engineer,                  confidential deleted. DOE will make its
                                                    includes a suggested alternate test                      ITW Food Equipment Group, LLC,                        own determination about the
                                                    procedure to determine the energy                        North American Refrigeration, 4401                    confidential status of the information
                                                    consumption of specific basic models of                  Blue Mound Rd., Fort Worth, TX 76106.                 and treat it according to its
                                                    commercial refrigeration equipment.                      All comment submissions must include                  determination.
                                                    DOE may consider including this                          the agency name and Case No. CR–007                     Issued in Washington, DC, on July 11,
                                                    alternate procedure in a subsequent                      for this proceeding. Submit electronic                2017.
                                                    Decision and Order based on comments                     comments in WordPerfect, Microsoft                    Kathleen B. Hogan,
                                                    from interested parties. However, DOE                    Word, Portable Document Format (PDF),                 Deputy Assistant Secretary for Energy
                                                    has tentatively determined that the                      or text (American Standard Code for                   Efficiency, Energy Efficiency and Renewable
                                                    alternate procedure proposed by ITW is                   Information Interchange (ASCII)) file                 Energy.
                                                    not entirely acceptable and has                          format and avoid the use of special                   BILLING CODE 6450–01–P
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                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                 33087




                                                         INNOPO  TEMPERATU E C NTROLLED GRO                                                                                         ERY AND
                                                               ENERAL MER HANDISE       SYS                                                                                         EM




                                                               DEPARTMENT OF ENERGY PETITION FOR WAIVER AND
                                                                      APPLICATION FOR INTERIM WAIVER


                                                                                                                             2016
                                                                                                              Supplemented-May 3, 2017



                                                             May contain trade         or commercial or financial information that privileged or
                                                              confidential and exempt from public disclosure pursuant to 5 U.S.C. § 552(b) (4).




                                                                     ITW FOOD EQUIPMENT GROUP, LLC-NORTH AMERICAN REFRIGERATION
                                                                                                                   4401            Mound Road
                                                                                                                    Fort Worth, TX 76106
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33088                     Federal Register/Vol. 82, No. 137 /Wednesday, July 19, 2017 /Notices


         INNOPOD TEMPERATURE CONTROLLED GROCERY AND
              cENERALt MErRcHaAnouse mm sys ts v



                  DEPARTMENT OF ENERGY PETITION FOR
                  WAIVER AND APPLIC ATION FOR INT ERIM
                                                             WAIVER
                                                            December 20, 2016
                                                         Supplemented—May 3, 2017



                                                         EXECUTIVE SUMMARY

        ITW, Food Equipment Group, LLC—North American Refrigeration, henceforth referred to as "Traulsen" is located
        in Fort Warth, TX and has been manufacturing a diverse line of commercial refrigeration equipment (CRE) and
        hot food hoiding products for over 75 years.

        Traulsen has been a proud Energy Star Partner for many years, as well as a supporter of other endeavors
        focusing on products that use energy responsibly. We actively engage with several organizations providing
        solutions for various specifications and product test standards, including Southern California (SoCal) Edison,
        UL;, LLC‘; NSF, International, ASHRAE and the American National Standards Institute or "ANSI". Our strong
        reputation providing highty—customized, nichs applications, or "Engineer to Order" (ETO) solutions, has led
        customers such as independent consultants and facility designers to bring us innovative concepts for new ways
        to do business.

        In recent years, retail grocers have seen a significant uptick in the home detivery service arena. Using lessons
        fearnéd in the internationat market, Traulsen — in response to specific customer requests — has worked to
        anticipate the needs of the emerging U.S; grocery market. We have engineered an innovated solution that
        allows customers‘ outdoor and remmote pick—up point access to groceries (even beyond grocery store property}
        while maintaining the safety and integrity of their food purchases.

        Traulsen is filing this combined petition for waiver and application of interim waiver specific to the introduction of
        the Innopod Temperature Controtled Grocery and Generat Merchandise - System, referred to herein as
        "Innopod."




        ‘Formerly known as Underwriter‘s Laboratories.


                                                                                   Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                                            33089




                                                              Trautsen oeJtev1as
                                                              CFR431


                                                                     1.         oel:itioner,s basic model contains one or more                           characteristics that                                          to
                                                                               ,.,...,.,,.,.,h.c>A test      and

                                                                     2.                                                      evaluate the basic model in a manner so              •nr••nr••<!'"'"t,;,ltiu<>   of its
                                                                                                                      "'r"'' 11"*"' materially inaccurate comparative data.

                                                              The application will          the evaluation methodology in our test procedure         request as well
                                                              as explain how the           in volume and maximum daily energy consumption "MOEC" values are
                                                              calculated         by the unique design classification of a product uniquely designed in t h e -
                                                             -category.
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                                                              2
                                                                  10 CFR 43L401 (a} (1)
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33090                          Federal Register/Vol. 82, No. 137 /Wednesday, July 19, 2017 /Notices



         DESCRIPTION OF UNIT SPECIFICATION AND DESIGN CHARACTERISTICS THAT
              PREVENT TESTING ACCORDING TO TEST PROCEDURES
        Innopod                 are an "I                ed to Orde:r" {ETO)]
        The                 is                                                                                                          nermaily separated,
        temperature controlle@f                                                                                                       emperatur
    |                                               controis packaged and potentially                           dous foodstull temperature for short                    term
    _hnoiding periogs.            |he customerhas al                                        timeframe in which to retrieve a grocery arder orthe
        grocer recovering the unclaimed foodstult in the next deliver or "LOAD®" cycie.




        3 Note: NSF/ANSI 170—2014 defines "potentially hazardous food" as: A food that is natural or synthetic and requires femperature control because it is in a form
        capable of supporting the following: rapid and progressive growth of infectious or toxigenic microorganisms; growth and toxin production of Cfostridium
        botulinum; or, as in raw shell eggs, the growth of Satmonelia enterifidis.

        Potentially hazardous food includes antmal food (a food of animal origin} that is raw or heat—treafed; food of piant origin that is heat—treated or consists of raw
        seed sprouts; cut melons; and garlic and oi mixtures that are not acidified or otherwise modified a food processing plant in a way that results in mixtures that do
        not support growth as specified above."


                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                           33091
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                                                           • See Annex B for state by state temperature range information,
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33092                         Federal Register/Vol. 82, No. 137 /Wednesday, July 19, 2017 /Notices




                                                 controlled (cycled ON and OFF) by                                                       This control
 functionality is similar to that found on a parallel rack in a supermarket environment in that refrigeration capacity
 is managed with a floating or moving saturated suction temperature.




 The desired saturated suction temperature is based on or relative to the desired compartment temperature
 currently being cooled




  "Depending on the size of the vehicle used, there is a defined maximum number of deliveries that can be met during a single delivery route cycie, This tends to
  be around 18—20 deliveries assuming that each customer has placed a ‘standard order ofmfiiemmfamm‘msmmsme average delivery vehicle will
  travel between 20 individual addresses during a 4 hour route, and not inefficientas.the_wehicle
                                                                         neces arily.             may have to retur to areas
  previously visited in order to meet a 2 hour delivery window allowance. The vehicle also tends to be left curbside idling in order to enable maintenarnce of
  temperature within the storage areas while it is stopped at each of the drop off addresses adding additional environmental concerns related to air quality.


                                 Federal Register/Vol. 82, No. 137 /Wednesday, July 19, 2017 / Notices                                                                      33093



        SPECIFIC REQUIREMENTS SOUGHT TO BE WAIVED IN ORDER TO PROPERLY
                EVALUATE. THE INNOPOD TO ASHRAE 72 —2014, SECTION 7

Summary;
For the purpose of testingand rating, the Ambient {7SOF} cmnpamntis treated as a Medium (Rafiig&ratcr at ?SOF) compartment. All
volume and energy consumption calculations will be included within the Medium (Refrigerator 38°F) category and summed with other
Medium (Refrigerator 38°F) compartment/s.
Betow is a list of testing requested varlations, with justification, to the current DOE test procedure for remote, solid door cabinet models.
These variations allow evaluation of the basic models in a process more representative of the "true" energy consumption.

        Test             DOE Remote Solid Door                Traulsen Proposed innoped Tést Procedure"                              justification for Change
 Condition/s or          Cabinet Test Procedure
 Calculation/s
 Test Method         ASHRAE 72—2014, Section 7                         i                 t, See Appendix — F        Eliminates the implications associated with capiffary
                     Test Procedure                     Allows energy (Heat) loss al     e and defta—f equivalent   tube refrigeration system testing. Capillary tubes
                                                        to energy gains of a standard refrigerated cabinet.         cannot be used with a "typical" remote refrigeration
                                                                                                                    system and the fixture described in the test procedure.
 Ambient             Ory Bulb: 75.29F £1.8°F            DOry Bulb: 75.2°F +1.8°F                                    Reflects a test condition where the maisture content of
                     Wet Butb: 64.40F+1.8°F             Dew Point: 58.3°F +1.8°F                                    the ambient air is held constant. Both are primary
                                                                                                                    medsurements.
    Integrated       Refrigerator: 38°F 4 2°F           Refrigerator: (75.2°F +75.2°F — 38°F) = 112.4°¢ s2°F        Reflects a test condition where the (Defta "T"I between
     Average         Freezer 0°F +20p                   Freezen: (75.2°F + 75.2°F — 0°Fy = 150.4°F 42°F             the IAT and ambient air is held constant. introduces a
  Temperature                                           Ambient: (75.2°F + 75.2°F > 75°F} = 754 °F 42°F             new "Lowest Applicable Product Température" of
 {IAT)Simulated      Inside—    OCutside    Delta—T                   inside    Qutside         Defta—T             COF75CF for cavity operating temperature range of
    Product          380F        75.20F       37.2°F    Refrigeratort   112.49F   >75.20F        37.2°F             "Ambient". This range shall be treated as a refrigerator
       ¥S.           0°F         75.20F       75.2°F    Freezer:      150.40F    75.20F         75.2°f              for energy calculation purpases. VCS.RC.M
 Test Ambient                                           Ambient:       75.040F   75.20f           8.4°F
                        Heut — GAIN                     Heat—LOSS = Heat —GAIN as proscribed in the test
     Defta—T                                            procedure
 Door—Opening        Starts 3 hours after defrost for   Door openings shall start 3 hours after concluding          Timing   reflects actual usage as a general grocery
 Requirement         b seconds, every 10 minutes,       stabilization period. Open each door for 8 seconds,
                     for 8 consecutive hours, per       every 2 hours, for 12 consecutive hours. {6 door cycles}    >3 turns per day {load & un—load}
                     door. (48 cycles)                  (3 "load" and "unload" cycles)                              »Each turn equals 4 hours
                                                         > Stock {load) + Retrieve {un—load)Cycie (turn}
 Calculation of     | Total removed divided             Total energy added divided by the total test time.          Measuring the amount of heat required by the
 Refrigeration       by the running time.                 "Inverse RefrigerationLoad"                               compartment to maintain its desired temperature
 Load                                                                                                               across an insulation barrier at a constant delta—T yields
                     a > {hi~he} x OF ={8TO/Hr.)        Q#= (watt)*3.412{BTU/Watrt) = {BTU/Hr]                      the "Refrigeration Load" by infiltration.
 ASHRAE
 3014
        72—                    YAr.)
                     "energy removed" all sources
                                                                       t{hr}                   gus
                                                             Provides the "energy removed" by infiftration.
 Adjusted Dew        D.P.: The average measured         Dew Point (D.P.): Derived from standard industry design The "Inverse Refrigeration Load" test does not allow for
 Point & EER         "Saturated Vapor Temp." of         practices, "as the customary saturated vapor temperature the direct measurement of the saturated suction
                     the refrigerant during the "Last   of the refrigerant as it leaves the cabinet through the  pressure (Saturated Vapor Temp.), therefore the Dew
 AHRt1200—           % of the Running Cycie" as it      suction line." The Energy Efficiency Ratio is then taken Point value must be taken from standard industry
 2013                leaves the cabinat.                from this value using Table 1.                              practices at the applicable compartment operating
 Table 1, EER                                           .EER                                                        temp.
                     A.D.P.: Med. Temp. = D.P.—         A.D.Ps Med: Temp. = (DP.: +150F) — 20F = +130F 11.22
                     20F                                A.D.P. Low Temp. = (D.P.; —20°F) « 3°F = —23°F    6.60
                     A.D.P.: Low Temp. = D.9. =3°F
 Catculated Daily    Part 1: Calculation of CEC                REVISED,CalculationofCEC                             The "Inverse Refrigeration Load" test does not include
 Energy                  ={{Q x t} / 1000] / EER        CEC = [{(Q x t) / 1000 + {FEC + AEC + DEC} *3.412] / cen    waste heat from auxiliary components located within
 Consumption         >"Q" intludes waste heat from:     >"OQ" does NOT include waste heat from auxiliary            the refrigerated storage compartment and the
                      * Evaporator Fan/s                components and moisture infiltration ({must be added        calculated moisture infiltration from the "Door ——
 AHRIL1201—           * Anti—Condéensate Heater/s       separately},                                                Opening Requirement". This "Heat Load" must be
 2013                 * Defrost Heater/s                  * FEC: Evaporator Fan/s                                   added separately before the EER is applied to the Total
                                                          * AEC: Anti—Condensate Heater/s                           Refrigeration Load when catculating the CEC.
                     Part 2: Calculation                  * DEC: Defrost Heater/s
                     CDEC = CEC + FEC + AEC + DEC       Part 2: Current, Calculation of CDEC
                                                        CDEC= CEC + FEC + AEC + DEC




         * See Annex E for additional information


                 u&




Calculation of Moisture Load per Compartment


                                    Federal Register/Vol. 82, No. 137 /Wednesday, July 19, 2017 /Notices   33095



      Jua    Calculate volume of each compartment                       y —m
                    Unit Width | Depth | Height |Volume
                     #—         {iny |— {in}       {in}y _| {cu—ft)     Calculation Methodology

             Calculate free air space in each compartment at            corl Pe
       Ind




             a 70% productload factor.

             compartment per door opening when cabinet is               i     T ooo
      us




             operating at actual conditions. Assume 100% Of
**~          30%




      | 4 Calculate
          4
                    final Enthalpy "Energy" ofcompartment
             %air whenoperati                  | (Dry Bulb/Dew Point}
                  OHo     OnS   _




        5iCalculate entering Enthalpy "Energy" of room air
             fentering compartment. Assume weight of air is
              equal to 100% of the 30% excess volume.


                 Calculate final Enthalpy "Energy" of compartment
                 air when operating at test (Dry Bulb/Dew Point]
                 conditions. Assume 100% of 30% for volume




       8|Calculate moisture Load on Interfor surfaces not
             accounted for duringtesting.




        9 door opening (freezer compartment} from the
          lambient
          i
                   air not accounted for during testing.
             1
             iMoisture Loading.


33096               Federal Register/Vol. 82, No. 137 /Wednesday, July 19, 2017 /Notices




  BASIC MODEL NUMBERS WHICH THE WAIVERS ARE BEING REQUESTED FOR:


 The test procedure described in this waiver shall be used on the following possible basic model configurations.




 /hyB
 See Annex A for modet configuration information.




 30—              XX—                    X(x)—                      3 ()—                     XXX
                                                                    4 (x)}—                  XXXX


                    Federal Register/Vol. 82, No. 137/Wednesday, July 19, 2017 /Notices                           33097



    LIST OF MANUFACTURERS OF ALL OTHER BASIC MODELS MARKETED IN THE
    UNITED STATES AND KNOWN TO THE PETITIONER TO INCORPORATE SIMILAR
                        DESIGN CHARACTERISTIC(S)

Traulsen has reviewed the CCMS database as of 12/20/2016 to review all known listed products and found that
there are no listed models covered by the DOE requirements that have design characteristics similar to that on
which our relief petition is based.

Trauisen has also done a number of web searchesm
mhich has not shown any covered products with similar design characteristics to be
available in the U.S. However, there are several "refrigerated" F that we found available and
installed in markets outside of the United States. This type of product is not currently energy regulated in those
countries, nor is it subject to the strenuous NSF standards for food safety, allowing them to be designed without



o
energy usage constraints.




Therefore, Trautsen does not believe that there are other known manufacturers in which to provide concurrent
notice of this Petition for Waiver and Application for Interim Wavier.



      SsUCCESS OF THE PETITION/ APPLICATION FOR THE WAIVER WILL:

oi
innovative way to provide short—term holding of
                                                                             1n‘s procucs represens an
                                                the customer grocery orders in locations that are convenient and
assure greater product safety due to the ability of the store to control and monitor the cold food chain of the
customer‘s grocery order.

Allowing Traulsen to perform testing using the proposed alternate method will allow us to report valid energy
usages more representative of the product‘s design and prove compliance with applicable DOE 2017 Energy
Conservation standards. In addition, the waiver will provide the opportunity for the company to review the
performance of the iroduct in real time uses and assess it for future innovationsh



    WHAT ECONOMIC HARDSHIPS AND/ OR COMPETITIVE DISADVATAGE IS
    LIKELY TO RESULT ABSENT A FAVORABLE DETERMINATION OF THE
                   PETITION/ APPLICATION OF WAIVER


                                 A denial of this petition will not only affect Traulsen but an entire chain of
suppliers, customers and end—users with an economic stake in the research attached to Innopod‘s introduction.

Because the innovative, custom design nature of this product m Traulsen
has had long lead times and has made a significant investment associated with    designing these products for the
U.S. market, including the necessary compliance obligations related to safety, sanitation, and energy usage.
Absence of the waivers will mean that                                                               exposing the
company to substantial economic hardship and      potential legal liability.


                                                    33098                        Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices


                                                                                                                              CONCLUSION

                                                     It is clear that the law requires covered commercial refrigeration products to be tested and certified using the test
                                                     procedure set forth at 10 C.F.R. Pt 431, Subpt. C, Sec. 431.64- or be sybject to a wajyer- before they are sold
                                                     into commerce. DOE's current test procedure references ARI Standard 1200-2006 and AHRI Standard 1200 (1-P)-
                                                     2010 which further references ANSI/ASHRAE Standard 72. However, these current test procedures simply do not
                                                     contemplate the unique operating characteristics of the lnnopod - a s described herein.

                                                         Because the specific design of this product contains one or more design characteristics noted in the waiver,
                                                         Traulsen believes that this petition and its combined application meets both conditions of 10 CFR 431.401(a} (1)
                                                         for granting waivers, on the grounds that:

                                                          1.   The petitioner's basic model contains one or more design characteristics that prevent testing according to
                                                               the prescribed test procedures; and
                                                         2.    The prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true
                                                               energy consumption as to provide materially inaccurate comparative data;

                                                         Therefore, Traulsen respectfully requests that the Department grant both the above Petition for Waiver and the
                                                         Application of Interim Waiver, allowing Traulsen to move forward with the limited introduction into the U.S.
                                                         market.
                                                         If we can provide further information, or if it would be helpful to discuss any of these matters further, please
                                                         contact us at your earliest convenience.

                                                          Thank you in advance for your consideration and prompt response.

                                                          Sincerely,


                                                          Kevin Washington                                        Mary Dane                                         Joe Sanders
                                                          Government Affairs                                      Agency Approval Engineer                          Principal Engineer
                                                          Illinois Tool Works Inc.                                ITW Food Equipment Group, LLC-                    ITW Food Equipment Group, LLC-
                                                          1725 I Street NW, Suite 300                             NA Refrigeration                                  NA Refrigeration
                                                          Washington, DC 20006                                    4401 Blue Mound Rd.                               4401 Blue Mound Rd.
                                                          Phone: (202)261-3550                                    Fort Worth, TX 76106                              Fort Worth, TX 76106
                                                          kwashington@itw. com                                    (817) 378-2177                                    (800) 825-8220 Ext. 6537
                                                                                                                  mdane@traulsen.com                                jsanders@traulsen. com
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                                                                                 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Notices                                                      33099




                                                    [FR Doc. 2017–15130 Filed 7–18–17; 8:45 am]              DATES: DOE will accept comments, data,                0121. Telephone: (202) 586–0371.
                                                    BILLING CODE 6450–01–C                                   and information with regard to the New                Email: AS_Waiver_Request@ee.doe.gov.
                                                                                                             Shunxiang petition until August 18,                     Mr. Michael Kido, U.S. Department of
                                                                                                             2017.                                                 Energy, Office of the General Counsel,
                                                    DEPARTMENT OF ENERGY                                                                                           Mail Stop GC–33, Forrestal Building,
                                                                                                             ADDRESSES:   You may submit comments,                 1000 Independence Avenue SW.,
                                                    Office of Energy Efficiency and                          identified by Case Number RF–044, by                  Washington, DC 20585–0103.
                                                    Renewable Energy                                         any of the following methods:                         Telephone: (202) 586–8145. Email:
                                                                                                               • Federal eRulemaking Portal: http://               Michael.Kido@hq.doe.gov.
                                                    [Case No. RF–044]
                                                                                                             www.regulations.gov. Follow the                       SUPPLEMENTARY INFORMATION:
                                                    Notice of Petition for Waiver of New                     instructions for submitting comments.
                                                                                                               • Email: AS_Waiver_Requests@                        I. Background and Authority
                                                    Shunxiang Electrical Appliance Co.,
                                                    Ltd., From the Department of Energy                      ee.doe.gov Include the case number                       Title III, Part B of the Energy Policy
                                                    Refrigerator, Refrigerator-Freezer,                      [Case No. RF–044] in the subject line of              and Conservation Act of 1975 (‘‘EPCA’’)
                                                    Freezer Test Procedures                                  the message. Submit electronic                        (42 U.S.C. 6291–6309) established the
                                                                                                             comments in WordPerfect, Microsoft                    Energy Conservation Program for
                                                    AGENCY:  Office of Energy Efficiency and                 Word, PDF, or ASCII file format, and                  Consumer Products Other Than
                                                    Renewable Energy, Department of                          avoid the use of special characters or                Automobiles, a program that includes
                                                    Energy.                                                  any form of encryption.                               consumer refrigerators and refrigerator-
                                                    ACTION: Notice of petition for waiver and                  • Postal Mail: Mr. Bryan Berringer,                 freezers.1 Part B includes definitions,
                                                    request for public comments.                             U.S. Department of Energy, Building                   test procedures, labeling provisions,
                                                                                                             Technologies Office, Mailstop EE–5B,                  energy conservation standards, and the
                                                    SUMMARY:    This notice announces receipt                Petition for Waiver Case No. RF–044,                  authority to require information and
                                                    of and publishes a petition for waiver                   1000 Independence Avenue SW.,                         reports from manufacturers. Further,
                                                    from New Shunxiang Electrical                            Washington, DC 20585–0121.                            Part B authorizes the Secretary of
                                                    Appliance Co., Ltd. (‘‘New Shunxiang’’),                 Telephone: (202) 586–0371. If possible,               Energy to prescribe test procedures that
                                                    seeking an exemption from specified                      please submit all items on a compact                  are reasonably designed to produce
                                                    portions of the U.S. Department of                       disc (CD), in which case it is not                    results measuring energy efficiency,
                                                    Energy (‘‘DOE’’) test procedure for                      necessary to include printed copies.                  energy use, or estimated operating costs,
                                                    determining the energy consumption of
                                                    refrigerators and refrigerator-freezers                    • Hand Delivery/Courier: Appliance                  and that are not unduly burdensome to
                                                                                                             and Equipment Standards Program, U.S.                 conduct. (42 U.S.C. 6293(b)(3)) The test
                                                    under the regulations. New Shunxiang                                                                           procedure for consumer refrigerators
                                                    contends that the DOE test procedure                     Department of Energy, Building
                                                                                                             Technologies Office, 950 L’Enfant Plaza               and refrigerator-freezers is contained in
                                                    does not clearly address its basic model                                                                       10 CFR part 430, subpart B, appendix A.
                                                    JG50–2D1, which combines a                               SW., Room 6055, Washington, DC,
                                                                                                             20024. Telephone: (202) 586–6636.                        The regulations set forth in 10 CFR
                                                    compartment intended for storing wine                                                                          430.27 contain provisions that allow a
                                                    (a cooler compartment) with a beverage                   Please submit one signed original paper
                                                                                                             copy.                                                 person to seek a waiver from the test
                                                    cooler (a refrigerator compartment), and                                                                       procedure requirements for a particular
                                                    has petitioned for a waiver from                           Docket: The docket, which includes
                                                                                                             Federal Register notices, comments,                   basic model of a type of covered product
                                                    appendix A. Although New Shunxiang                                                                             when the petitioner’s basic model for
                                                    did not propose an alternate test                        and other supporting documents/
                                                                                                             materials, is available for review at                 which the petition for waiver was
                                                    approach for its basic model, DOE has                                                                          submitted contains one or more design
                                                    granted waivers for similar products.                    www.regulations.gov. All documents in
                                                                                                             the docket are listed in the                          characteristics that: (1) Prevent testing
                                                    Therefore, DOE is considering whether                                                                          according to the prescribed test
                                                    to permit New Shunxiang to test and                      www.regulations.gov index. However,
                                                                                                             some documents listed in the index,                   procedure, or (2) cause the prescribed
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    rate its basic model of combination                                                                            test procedures to evaluate the basic
                                                    cooler-refrigerator in a manner similar                  such as those containing information
                                                                                                             that is exempt from public disclosure,                model in a manner so unrepresentative
                                                    to that which DOE has permitted for                                                                            of its true energy consumption
                                                    other manufacturers with similar                         may not be publicly available.
                                                                                                                                                                   characteristics as to provide materially
                                                    products. DOE also solicits comments,                    FOR FURTHER INFORMATION CONTACT: Mr.                  inaccurate comparative data. 10 CFR
                                                    data, and information concerning New                     Bryan Berringer, U.S. Department of                   430.27(a)(1). A petitioner must include
                                                    Shunxiang’s petition and on the                          Energy, Building Technologies Office,
                                                    alternate test procedure detailed in this                Mailstop EE–5B, 1000 Independence                       1 For editorial reasons, upon codification in the

                                                    document.                                                Avenue SW., Washington, DC 20585–
                                                                                                                                                                                                                         EN19JY17.018</GPH>




                                                                                                                                                                   U.S. Code, Part B was re-designated Part A.



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Document Created: 2017-07-19 06:17:22
Document Modified: 2017-07-19 06:17:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of petition for waiver and grant of interim waiver, and request for public comment.
DatesDOE will accept comments, data, and information with regard to the ITW petition until August 18, 2017.
ContactMr. 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]
FR Citation82 FR 33081 

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