83 FR 25658 - Notice of Petition for Waiver of AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. From the Department of Energy Commercial Refrigerator, Freezer, and Refrigerator-Freezer Test Procedures and Notice of Grant of Interim Waiver

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 107 (June 4, 2018)

Page Range		25658-25663
FR Document		2018-11937

This document announces receipt of and publishes a petition for waiver from AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. (``AHT''), seeking a waiver from the U.S. Department of Energy (``DOE'') test procedure used for determining the energy consumption of commercial refrigerators, freezers, and refrigerator-freezers (collectively ``commercial refrigeration equipment''). AHT seeks to use an alternate test procedure to address issues involved in testing twenty-four commercial freezer basic models, identified by AHT as part of its petition, that do not have a defrost cycle when the units are operated in freezer mode. (AHT states that the specified units can operate as a freezer, ice-cream freezer, and refrigerator.) AHT seeks to test and rate the specified basic models using an alternate test procedure to account for the lack of any defrost cycles or defrost capability when the units are operated in freezer mode. This notice announces that DOE grants AHT an interim waiver from the DOE's commercial refrigeration equipment test procedure for the specified basic models, subject to use of the alternate test procedure as set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning AHT's petition and its suggested alternate test procedure to inform its final decision on AHT's waiver request.

Federal Register, Volume 83 Issue 107 (Monday, June 4, 2018)

[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Notices]
[Pages 25658-25663]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-11937]

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DEPARTMENT OF ENERGY

[Case Number 2017-007, EERE-2017-BT-WAV-0041]

Notice of Petition for Waiver of AHT Cooling Systems GmbH and AHT
Cooling Systems USA Inc. From the Department of Energy Commercial
Refrigerator, Freezer, and Refrigerator-Freezer Test Procedures and
Notice of Grant of Interim Waiver

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

ACTION: Notice of petition for waiver and grant of an interim waiver,
and request for comments.

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SUMMARY: This document announces receipt of and publishes a petition
for waiver from AHT Cooling Systems GmbH and AHT Cooling Systems USA
Inc. (``AHT''), seeking a waiver from the U.S. Department of Energy
(``DOE'') test procedure used for determining the energy consumption of
commercial refrigerators, freezers, and refrigerator-freezers
(collectively ``commercial refrigeration equipment''). AHT seeks to use
an alternate test procedure to address issues involved in testing
twenty-four commercial freezer basic models, identified by AHT as part
of its petition, that do not have a defrost cycle when the units are
operated in freezer mode. (AHT states that the specified units can
operate as a freezer, ice-cream freezer, and refrigerator.) AHT seeks
to test and rate the specified basic models using an alternate test
procedure to account for the lack of any defrost cycles or defrost
capability when the units are operated in freezer mode. This notice
announces that DOE grants AHT an interim waiver from the DOE's
commercial refrigeration equipment test procedure for the specified
basic models, subject to use of the alternate test procedure as set
forth in the Interim Waiver Order. DOE solicits comments, data, and
information concerning AHT's petition and its suggested alternate test
procedure to inform its final decision on AHT's waiver request.

DATES: Written comments and information are requested and will be
accepted on or before July 5, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov.
Alternatively, interested persons may submit comments, identified by
Case Number ``2017-007'' and Docket number ``EERE-2017-BT-WAV-0041,''
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AHT2017WAV0041@ee.doe.gov. Include the case number
[Case No. 2017-007] in the subject line of the message.
Postal Mail: Ms. Lucy deButts, U.S. Department of Energy,
Office of Energy Efficiency and Renewable Energy, Building Technologies
Office, Mailstop EE-5B, Petition for Waiver Case No. 2017-007, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
287-1604. 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. If possible, please
submit all items on a ``CD'', in which case it is not necessary to
include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
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.
The docket Web page can be found at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0041-0001. The docket web page will
contains simple instruction on how to access all documents, including
public comments, in the docket. See section V for information on how to
submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, Mailstop
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. E-mail:
AS_Waiver_Requests@ee.doe.gov.

[[Page 25659]]

Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. E-mail:
peter.cochran@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Authority

The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among
other things, authorizes DOE to regulate the energy efficiency of a
number of consumer products and industrial equipment. Title III, Part C
\2\ of EPCA, added by the National Energy Conservation Policy Act,
Public Law 95-619, Title IV, Sec. 441(a), established the Energy
Conservation Program for Certain Industrial Equipment, which sets forth
a variety of provisions designed to improve energy efficiency. This
equipment includes commercial refrigeration equipment, the subject of
this notice. (42 U.S.C. 6311(1)(E)) Further, Part C requires 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 10 CFR part 431, subpart C, appendix B.
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\1\ All references to EPCA in this document refer to the statute
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated as Part A-1.
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DOE's regulation set forth at 10 CFR 431.401 contain provisions
that allow an interested person to seek a waiver from the test
procedure requirements for a particular basic model 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 procedure, or (2)
cause the prescribed test procedures to evaluate the basic model in a
manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 431.401(a)(1). A petitioner must include in its petition any
alternate test procedures known to the petitioner to evaluate the basic
model in a manner representative of its energy consumption
characteristics. 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. 10 CFR 431.401(l). As soon thereafter as practicable, DOE will
publish in the Federal Register a final rule. Id.
The wavier process also provides that DOE may 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
underlying petition for waiver. 10 CFR 431.401(e)(2). Within one year
of issuance of an interim waiver, DOE will either: (i) Publish in the
Federal Register a determination on the petition for waiver; or (ii)
publish in the Federal Register a new or amended test procedure that
addresses the issues presented in the waiver. 10 CFR 431.401(h)(1).
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. AHT's Petition for Waiver and Application for Interim Waiver

On May 16, 2017, AHT filed a petition for waiver and an application
for interim waiver from the test procedure applicable to commercial
refrigeration equipment set forth in 10 CFR part 431, subpart C,
appendix B. AHT petitioned for waiver for twenty-four basic models \3\
of commercial freezers. These units are capable of multi-mode operation
(i.e., as a freezer, ice-cream freezer, and refrigerator). In the
petition, AHT notes that it has already requested waivers for testing
this equipment operating in refrigerator mode and ice-cream freezer
mode, and states that this waiver request applies only to the specified
basic models operating in freezer mode. AHT states that when operating
as a freezer, the specified basic models do not have defrosting cycles,
and one is not possible. AHT states that that the current DOE test
procedure assumes that commercial refrigerators and freezers have
cooling or evaporator coils that need to be defrosted; however, the
configuration of the AHT equipment when operated in freezer mode does
not allow for a defrost cycle to occur. As such, AHT states that the
DOE test procedure's provisions that account for a defrost occurrence
are not appropriate for this equipment when operated and tested as a
freezer due to their lack of a defrost cycle.
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\3\ The specific basic models for which the petition applies are
commercial freezer basic models IBIZA 100 NAM F, IBIZA 145 NAM F,
IBIZA 210 NAM F, MALTA 145 NAM F, MALTA 185 NAM F, MANHATTAN 175 NAM
F, MANHATTAN 210 NAM F, MIAMI 145 NAM F, MIAMI 185 NAM F, MIAMI 210
NAM F, MIAMI 250 NAM F, PARIS 145 NAM F, PARIS 185 NAM F, PARIS 210
NAM F, PARIS 250 NAM F, SYDNEY 175 NAM F, SYDNEY 210 NAM F, SYDNEY
213 NAM F, SYDNEY 223 NAM F, SYDNEY 230 NAM F, SYDNEY 250 NAM F,
SYDNEY XL 175 NAM F, SYDNEY XL 210 NAM F, and SYDNEY XL 250 NAM F.
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To address the lack of defrost capability, AHT requests that the
equipment, when operated and tested as a freezer, be subject to an
alternate test procedure that follows the requirements of the existing
DOE test procedure, which incorporates by reference ASHRAE 72-2005,
with the exception that no defrost cycles will be incorporated in the
test protocols.
AHT also requests an interim waiver from the existing DOE test
procedure. DOE will grant an interim waiver if it appears likely that
the petition for waiver will be granted, and/or if DOE determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. See 10 CFR
431.401(e)(2).
DOE understands that, absent an interim waiver, it is not expected
that AHT's equipment could be tested and rated for energy consumption
on a basis representative of its true energy consumption
characteristics. The DOE test procedure specifies test period and door-
opening period start times that reference a defrost occurrence, which
is not possible in the specified AHT freezer basic models. This lack of
defrost results in no defined start to either the test period or the
door-opening period under DOE's test procedure.

III. Requested Alternate Test Procedure

EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of equipment covered by the statute. (42 U.S.C.
6314(d)) Consistent representations are important for manufacturers to
use in making representations about the energy efficiency of their
equipment and to demonstrate compliance with applicable DOE energy
conservation standards. Pursuant to its regulations applicable to
waivers and interim

[[Page 25660]]

waivers from applicable test procedures at 10 CFR 431.401, and after
consideration of public comments on the petition, DOE will consider
setting an alternate test procedure for the equipment identified by AHT
in a subsequent Decision and Order.
The test procedure for commercial refrigeration equipment is at 10
CFR part 431, subpart C, appendix B, ``Amended Uniform Test Method for
the Measurement of Energy Consumption of Commercial Refrigerators,
Freezers, and Refrigerator-Freezers.'' AHT seeks to use this test
procedure to test and rate specific commercial freezer basic models,
except that the test period shall be selected as follows:
The test shall begin when steady state conditions occur (per ASHRAE
Standard 72-2005, Section 3, definitions, which defines steady state as
``the condition where the average temperature of all test simulators
changes less than 0.2 [deg]C (0.4 [deg]F) from one 24-hour period or
refrigeration cycle to the next''). Additionally, the door-opening
requirements shall be as defined in ASHRAE 72-2005 Section 7.2, with
the exception that the eight-hour period of door openings shall begin
three hours after the start of the test. Ambient temperature, test
simulator temperatures, and all other data shall be recorded at three-
minute intervals beginning at the start of the test and throughout the
24-hour testing period.

IV. Summary of Grant of an Interim Waiver

DOE has reviewed AHT's application for an interim waiver, the
alternate test procedure requested by AHT, and the operating manual for
the commercial freezer basic models.\4\ DOE understands that the
specified commercial freezer basic models are not capable of
defrosting. As AHT stated in their petition for waiver, the DOE test
procedure requires beginning the test period at the start of a defrost
cycle and recording data for 24 hours, and initiating a door-opening
period 3 hours after the start of a defrost cycle. As such, for the
specified basic models, which do not defrost, there is no defined start
to either the test period or the door-opening period under DOE's test
procedure. Based on this review, the alternate test procedure that AHT
proposes appropriately reflects the energy consumption of and is
appropriate for the commercial freezer basic models identified in AHT's
petition for waiver. Consequently, it appears likely that AHT's
petition for waiver will be granted. Furthermore, DOE has determined
that it is desirable for public policy reasons to grant AHT immediate
relief pending a determination of the petition for waiver. For the
reasons stated, DOE has granted an interim waiver to AHT for specified
commercial freezer basic models.
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\4\ The petition for waiver and operating manual can be found at
https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0041.
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Therefore, DOE has issued an Order, stating:
(1) AHT must, going forward, test and rate the following AHT
commercial freezer basic models (which do not have defrost cycle
capability when operated in freezer mode) as set forth in paragraph (2)
below:
IBIZA 100 NAM F, IBIZA 145 NAM F, IBIZA 210 NAM F, MALTA 145 NAM F,
MALTA 185 NAM F, MANHATTAN 175 NAM F, MANHATTAN 210 NAM F, MIAMI 145
NAM F, MIAMI 185 NAM F, MIAMI 210 NAM F, MIAMI 250 NAM F, PARIS 145 NAM
F, PARIS 185 NAM F, PARIS 210 NAM F, PARIS 250 NAM F, SYDNEY 175 NAM F,
SYDNEY 210 NAM F, SYDNEY 213 NAM F, SYDNEY 223 NAM F, SYDNEY 230 NAM F,
SYDNEY 250 NAM F, SYDNEY XL175 NAM F, SYDNEY XL210 NAM F, and SYDNEY
XL250 NAM F.
(2) The alternate test procedure for the AHT basic models listed in
paragraph (1) is the test procedure for CRE prescribed by DOE at 10 CFR
part 431, subpart C, appendix B, except that the test period shall be
selected as detailed below. All other requirements of Appendix B and
DOE's regulations remain applicable.
The test shall begin when steady state conditions occur (per ASHRAE
Standard 72-2005, Section 3, definitions, which defines steady state as
``the condition where the average temperature of all test simulators
changes less than 0.2 [deg]C (0.4 [deg]F) from one 24-hour period or
refrigeration cycle to the next''). Additionally, the door-opening
requirements shall be as defined in ASHRAE 72-2005 Section 7.2, with
the exception that the eight-hour period of door openings shall begin
three hours after the start of the test. Ambient temperature, test
simulator temperatures, and all other data shall be recorded at three-
minute intervals beginning at the start of the test and throughout the
24-hour testing period.
(3) Representations. AHT is permitted to make representations about
the energy use of the basic models listed in paragraph (1) for
compliance, marketing, or other purposes only to the extent that the
basic models have been tested in accordance with the provisions in the
alternate test procedure and such representations fairly disclose the
results of such testing in accordance with 10 CFR part 429, subpart B.
(4) This interim waiver shall remain in effect according to the
provisions of 10 CFR 431.401(h) and (k).
(5) This interim waiver is issued to AHT on the condition that the
statements, representations, and documentary materials provided by AHT
are valid. If AHT makes any modifications to the defrost controls or
capabilities (e.g., adding automatic defrost to freezer mode) of these
basic models, the waiver would no longer be valid and AHT would either
be required to use the current Federal test method or submit a new
application for a test procedure waiver. DOE may revoke or modify this
waiver at any time if it determines the factual basis underlying the
petition for waiver is incorrect, or the results from the alternate
test procedure are unrepresentative of the basic models' true energy
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, AHT may
request that DOE rescind or modify the interim waiver if AHT discovers
an error in the information provided to DOE as part of its petition,
determines that the interim waiver is no longer needed, or for other
appropriate reasons. 10 CFR 431.401(k)(2).
(6) Granting of this interim waiver does not release AHT from the
certification requirements set forth at 10 CFR part 429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future basic
models that may be manufactured by the petitioner. AHT may submit a new
or amended petition for waiver and request for grant of interim waiver,
as appropriate, for additional basic models of commercial freezers.
Alternatively, if appropriate, AHT may request that DOE extend the
scope of a waiver or an interim waiver to include additional basic
models employing the same technology as the basic model(s) set forth in
the original petition consistent with 10 CFR 431.401(g).

V. Request for Comments

DOE is publishing AHT's petition for waiver in its entirety,
pursuant to 10 CFR 431.401(b)(1)(iv). The petition did not identify any
information as confidential business information. The petition includes
a suggested alternate test procedure, as specified in section III of
this notice, to determine the energy consumption of AHT's specified
commercial freezer basic models. DOE may consider including the
alternate

[[Page 25661]]

procedure specified in the Interim Waiver Order in a subsequent
Decision and Order.
DOE invites all interested parties to submit in writing by July 5,
2018, comments and information on all aspects of the petition,
including the alternate test procedure. Pursuant to 10 CFR 431.401(d),
any person submitting written comments to DOE must also send a copy of
such comments to the petitioner. The contact information for the
petitioner is Scott Blake Harris, Harris, Wiltshire & Grannis LLP, 1919
M Street NW, Eighth Floor, Washington, DC 20036.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
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DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
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several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or mail. Comments and
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comment or any accompanying documents. Instead, provide your contact
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Include contact information each time you submit comments, data,
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Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
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disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).

Signed in Washington, DC, on May 29, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.

Before the United States Department of Energy Washington, D.C. 20585

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

Docket No. EERE-2013-BT-TP-0025; RIN 1904-AC99

PETITION OF AHT COOLING SYSTEMS FOR FREEZER MODE WAIVER OF TEST
PROCEDURE FOR COMMERCIAL REFRIGERATION EQUIPMENT

AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc.
(collectively AHT) \1\ respectfully submit this Freezer Mode Petition
for Waiver and Application for Interim Waiver \2\ from DOE's test
procedure for commercial refrigeration equipment.\3\
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\1\ AHT's U.S. subsidiary is AHT Cooling Systems USA Inc., 3235
Industry Drive, North Charleston, South Carolina 29418 (tel. 843-
767-6855). AHT's worldwide headquarters are AHT Cooling Systems
GmbH, Werkgasse 57, 8786 Rottenmann, Austria (tel. 011-43-3614/2451-
0).
\2\ See 10 C.F.R. Sec. 431.401 (petitions for waiver and
interim waiver).
\3\ Id. Part 431, Subpart C, Appendix B.
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Commercial refrigeration equipment, such as AHT's, has recently
become subject to a new regulatory regime. This includes new test
procedures \4\ and

[[Page 25662]]

efficiency standards.\5\ On October 25, 2016,\6\ AHT filed an initial
Petition for Waiver covering its multi-mode appliances that can
operate, with the flip of a switch, as either a refrigerator, a
freezer, or an ice cream freezer. As set forth in that Petition, the
AHT appliances are also unusual in that their cooling coils are built
into the body of the units. This means the cooling coils are not
exposed to the air and do not get covered with frost. This also means
the coils do not need to be defrosted for the appliances to be operated
effectively. Rather, any defrost cycle is run for esthetic reasons
only. As a result, AHT appliances run a defrost cycle less often than
the testing procedures assumed and needed a modified testing protocol
to measure energy usage accurately. Thus AHT filed its initial Petition
for Waiver.
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\4\ Id. Part 431, Subpart C, Appendix B, as adopted, 79 Fed.
Reg. 22277 (April 21, 2014).
\5\ Id. Sec. 431.66, as adopted, 79 Fed. Reg. 17725 (March 28,
2014).
\6\ Case No. CR-006.
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Following the filing of its initial Petition, AHT was advised by
the Department that each mode in which its appliances operated would
have to be tested separately, and thus each mode in which an appliance
operated would have to be listed as a separate model. AHT complied with
this instruction. Since the initial Petition for Waiver was filed,
however, AHT decided to change the operation of its appliances when
they are operating in freezer mode--by eliminating any defrost cycle
whatsoever. This meant that even the test proposed in its initial
Petition for Waiver was insufficient to measure the energy usage of the
AHT appliances when operating in freezer mode. Accordingly, AHT
requested that ``freezer mode'' be eliminated from the models covered
by its original waiver Petition.\7\ AHT now seeks a Freezer Mode Waiver
to cover the testing of its multi-mode appliances when they are
operating in freezer mode.
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\7\ See Letter from Scott Blake Harris to Ashley Armstrong, Case
No. CR-006 (May 2, 2017).
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I. Basic Models for Which a Waiver is Requested

The basic models for which a waiver is requested are set forth in
Appendix I. These appliances are all multi-mode display merchandisers
with transparent doors. They are capable of operating in refrigerator
mode, freezer mode, and ice cream freezer mode. They are distributed in
commerce under the AHT brand name. A waiver has already been requested
for the testing of these appliances operated in refrigerator mode and
ice cream freezer mode. This waiver is being sought for their operation
in freezer mode.

II. Need for the Requested Waiver

The DOE test procedure that would apply to the AHT appliances took
effect on March 28, 2017. But it should not apply to the models listed
in Appendix I.
As noted above, AHT appliances do not need to be defrosted. As
explained in the initial Petition for Waiver, the DOE test procedure
understandably assumes that commercial refrigerators and freezers have
cooling or evaporator coils that need to be defrosted for the equipment
to function effectively. Indeed, the Technical Support Document for the
test procedure essentially defines ``defrosting'' to mean melting ice
from evaporator coils:

As the air in the refrigerated space is cooled, water vapor
condenses on the surface of the evaporator coil. . . . There are
several methods available for defrosting the evaporator coil. . .\8\
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\8\ DOE, Technical Support Document: Energy Efficiency Program
for Consumer Products and Commercial and Industrial Equipment;
Commercial Refrigeration Equipment (Feb. 2014), Sec. 3.3.1.11
(Defrost Cycle; Defrost Mechanism).

In addition, the ASHRAE test procedure mandated by the DOE
regulations provides that the defrost adequacy assurance test ``shall
verify that any defrost setting and arrangement is adequate to melt all
frost and ice from coils and flues and drain it out of the
refrigerator.'' \9\ Based on the assumption that all refrigerators and
freezers that have evaporator coils from which frost must be melted
regularly in order to function, the test procedure calls for starting
testing with a full defrost cycle, and may require additional defrost
cycles in a 24-hour period before the test is complete (depending on
the expected operation of the model).
---------------------------------------------------------------------------

\9\ ANSI/ASHRAE Standard 72-2005, ``Method of Testing Commercial
Refrigerators and Freezers,'' Sec. 7.8 (Defrost Adequacy
Assurance). ASHRAE 72-2005 is incorporated by reference in the DOE
test procedure. 10 C.F.R. Sec. 431.63(d)(1).
---------------------------------------------------------------------------

But as currently configured, the AHT multi-mode appliances
operating in freezer mode have no defrost cycle and one is not
possible. As a result, the test procedure, which provides for at least
one full defrost cycle in a 24-hour period is not appropriate for these
models. It would grievously overstate their energy consumption.
Accordingly, AHT asks for a waiver to test its multi-mode
appliances in freezer mode without a defrost cycle. It would continue
to test these appliances in refrigerator and ice cream freezer mode as
set forth in its initial Petition, or as that test is modified by any
initial waiver granted by the Department.

III. Proposed Alternate Test Procedure

Under the applicable DOE regulations, the testing protocol that
would otherwise be applicable to the freezer mode of AHT's multi-mode
appliances is set forth in ASHRAE 72- 2005, Method of Testing
Commercial Refrigerators and Freezers. It requires including defrost
cycles during the 24-hour test period.
Since the freezer mode of AHT's multi-mode appliances has no
defrost cycle, the proposed alternate testing procedure for the freezer
mode follows the requirements of ASHRAE 72-2005 with the exception that
no defrost cycles will be included in the testing protocol. As a
result, no direct or indirect \10\ energy consumption associated with
defrost operations will be included in the evaluation of the Daily
Energy Consumption (DEC). Under the proposed alternate testing
procedure, the test shall begin when steady state conditions occur.\11\
In addition, the alternate testing procedure uses the same requirements
for door opening defined in ASHRAE 72-2005 Section 7.2, with the
exception that the eight-hour period of door openings shall begin three
hours after the start of the test. Ambient temperature, test simulator
temperatures, and allother data shall be recorded at three-minute
intervals beginning at the start of the test and throughout the 24-hour
testing period.
---------------------------------------------------------------------------

\10\ Indirect energy consumption refers to the energy used
during temperature pulldown after defrosting.
\11\ Per ASHRAE 72-2005, steady state is defined as ``the
condition where the average temperature of all test simulators
changes less than 0.2[deg]C (0.4[deg]F) from one 24-hour period or
refrigeration cycle to the next'' (see ASHRAE 72, Section 3,
Definitions).
---------------------------------------------------------------------------

IV. Request for Interim Waiver

AHT also requests an interim waiver for its testing and rating of
the basic models listed in Appendix I. Based on its merits, AHT's
Freezer Mode Petition for Waiver is likely to be granted. Further, it
is essential that an interim waiver be granted, because without waiver
relief, AHT will be at a competitive disadvantage in the market for
these important products and would suffer economic hardship. AHT would
be subject to requirements that clearly should not apply to such
products.

V. Other Manufacturers

A list of manufacturers of all other basic models distributed in
commerce in the United States and known to AHT to incorporate overall
design characteristic(s) similar to those found in the basic model(s)
that are the subject

[[Page 25663]]

of the petition is set forth in Appendix II.
* * * * *
AHT requests expedited treatment of the Petition and Application.

Respectfully submitted,

Scott Blake Harris
John A. Hodges
Harris, Wiltshire & Grannis LLP
1919 M Street, NW Washington, DC 20036
(202) 730-1313
Counsel to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc.

May 16, 2017

Appendix I

The waiver and interim waiver requested herein should apply to
testing and rating of the following basic models that are
manufactured by AHT \12\:
---------------------------------------------------------------------------

\12\ The ``F'' designation--for Freezer Mode--will appear only
in CCMS and not on the units themselves.
---------------------------------------------------------------------------

IBIZA 100 NAM F
IBIZA 145 NAM F
IBIZA 210 NAM F
MALTA 145 NAM F
MALTA 185 NAM F
MANHATTAN 175 NAM F
MANHATTAN 210 NAM F
MIAMI 145 NAM F
MIAMI 185 NAM F
MIAMI 210 NAM F
MIAMI 250 NAM F
PARIS 145 NAM F
PARIS 185 NAM F
PARIS 210 NAM F
PARIS 250 NAM F
SYDNEY 175 NAM F
SYDNEY 210 NAM F
SYDNEY 213 NAM F
SYDNEY 223 NAM F
SYDNEY 230 NAM F
SYDNEY 250 NAM F
SYDNEY XL175 NAM F
SYDNEY XL210 NAM F
SYDNEY XL250 NAM F

Appendix II

The following are manufacturers of all other basic models
distributed in commerce in the United States and known to AHT to
incorporate overall design characteristic(s) similar to those found
in the basic model(s) that are the subject of the petition for
waiver.

AMF Sales & Associates (importing LUCKDR)
ARNEG USA
Avanti Products LLC
Beverage Air
Dellfrio (importing Liebherr cabinets)
Electrolux Home Products
Excellence
Fogel de Centroamerica S.A.
Foshan City Shunde District Sansheng Electrical Manufacture Co.,
Ltd.
Hillphoenix
Hussmann
Innovative DisplayWorks Inc.
Jiangsu Baixue Electric Appliances Co., Ltd.
Metalfrio Solutions Mexico S.A.
Mimet S.A.
Minus Forty Technologies Corp.
MTL Cool
Novum USA
Ojeda USA Panasonic
PREMIERE Corporation
Sanden Vendo
Silver King
Stajac Industries
Thermell Manufacturing
True Manufacturing Co.
Turbo-Air
Vestfrost Solutions

[FR Doc. 2018-11937 Filed 6-1-18; 8:45 am]
BILLING CODE 6450-01-P

25658 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices

in a solid physical form at a Issued in Washington, DC, on April 23, the Federal eRulemaking Portal at
concentration that does not exceed the 2018. http://www.regulations.gov.
applicable concentration limits for Class Anne Marie White, Alternatively, interested persons may
C LLW as set out in 10 CFR 61.55, Waste Assistant Secretary for Environmental submit comments, identified by Case
Classification. Management. Number ‘‘2017–007’’ and Docket
[FR Doc. 2018–11736 Filed 6–1–18; 8:45 am] number ‘‘EERE–2017–BT–WAV–0041,’’
The Draft WIR Evaluation documents
BILLING CODE 6450–01–P by any of the following methods:
and demonstrates that the tanks, • Federal eRulemaking Portal: http://
ancillary structures, and their residual www.regulations.gov. Follow the
waste at closure of the WMA C will DEPARTMENT OF ENERGY instructions for submitting comments.
meet the above-referenced criteria in • E-mail: AHT2017WAV0041@
[Case Number 2017–007, EERE–2017–BT–
DOE Manual 435.1–1. DOE is ee.doe.gov. Include the case number
WAV–0041]
predicating this Draft WIR Evaluation [Case No. 2017–007] in the subject line
on extensive analysis and scientific Notice of Petition for Waiver of AHT of the message.
rationale, using a risk-informed Cooling Systems GmbH and AHT • Postal Mail: Ms. Lucy deButts, U.S.
approach, including analyses presented Cooling Systems USA Inc. From the Department of Energy, Office of Energy
in the ‘‘Performance Assessment of Department of Energy Commercial Efficiency and Renewable Energy,
Waste Management Area C, Hanford Refrigerator, Freezer, and Refrigerator- Building Technologies Office, Mailstop
Site, Washington’’ (WMA C PA). Freezer Test Procedures and Notice of EE–5B, Petition for Waiver Case No.
Specifically, this Draft WIR Evaluation Grant of Interim Waiver 2017–007, 1000 Independence Avenue
shows that key radionuclides (those SW, Washington, DC 20585–0121.
AGENCY: Office of Energy Efficiency and
radionuclides which contribute most Telephone: (202) 287–1604. If possible,
Renewable Energy, Department of
significantly to radiological dose to Energy. please submit all items on a compact
workers, the public, and the disc (‘‘CD’’), in which case it is not
ACTION: Notice of petition for waiver and
environment as well as radionuclides necessary to include printed copies.
grant of an interim waiver, and request • Hand Delivery/Courier: Appliance
listed in 10 CFR 61.55) have been or for comments.
will have been removed to the and Equipment Standards Program, U.S.
maximum extent technically and SUMMARY: This document announces Department of Energy, Building
receipt of and publishes a petition for Technologies Office, 950 L’Enfant Plaza
economically practical. Based on the
waiver from AHT Cooling Systems SW, 6th Floor, Washington, DC 20024.
analyses in the WMA C PA, this draft
GmbH and AHT Cooling Systems USA If possible, please submit all items on a
evaluation also projects that potential ‘‘CD’’, in which case it is not necessary
doses to a hypothetical member of the Inc. (‘‘AHT’’), seeking a waiver from the
U.S. Department of Energy (‘‘DOE’’) test to include printed copies.
public and hypothetical inadvertent No telefacsimilies (faxes) will be
procedure used for determining the
intruder for 1,000 years (and beyond) energy consumption of commercial accepted. For detailed instructions on
after WMA C closure will be well below refrigerators, freezers, and refrigerator- submitting comments and additional
the doses specified in the performance freezers (collectively ‘‘commercial information on this process, see section
objectives and performance measures refrigeration equipment’’). AHT seeks to V of this document.
for LLW. In addition, the analyses use an alternate test procedure to Docket: The docket, which includes
demonstrate that there is reasonable address issues involved in testing Federal Register notices, comments,
expectation that safety requirements twenty-four commercial freezer basic and other supporting documents/
comparable to the NRC performance models, identified by AHT as part of its materials, is available for review at
objectives at 10 CFR part 61, subpart C petition, that do not have a defrost cycle http://www.regulations.gov. All
will have been met. As also shown in when the units are operated in freezer documents in the docket are listed in
the Draft WIR Evaluation, the residuals, mode. (AHT states that the specified the http://www.regulations.gov index.
tanks, and ancillary structures at WMA units can operate as a freezer, ice-cream However, some documents listed in the
C closure will have been incorporated freezer, and refrigerator.) AHT seeks to index, such as those containing
into a solid form that does not exceed test and rate the specified basic models information that is exempt from public
concentration limits for Class C LLW. using an alternate test procedure to disclosure, may not be publicly
account for the lack of any defrost available.
Although not required by DOE The docket Web page can be found at
cycles or defrost capability when the
Manual 435.1–1, DOE is consulting with https://www.regulations.gov/
units are operated in freezer mode. This
NRC on this Draft WIR Evaluation and notice announces that DOE grants AHT document?D=EERE-2017-BT-WAV-
also making the Draft WIR Evaluation an interim waiver from the DOE’s 0041-0001. The docket web page will
available for comment from the States, commercial refrigeration equipment test contains simple instruction on how to
Tribal Nations, and the public. After procedure for the specified basic access all documents, including public
consultation with NRC, carefully models, subject to use of the alternate comments, in the docket. See section V
considering comments received, and test procedure as set forth in the Interim for information on how to submit
performing any necessary revisions of Waiver Order. DOE solicits comments, comments through http://
analyses and technical documents, DOE data, and information concerning AHT’s www.regulations.gov.
plans to issue a final WIR Evaluation petition and its suggested alternate test
sradovich on DSK3GMQ082PROD with NOTICES

FOR FURTHER INFORMATION CONTACT:
and a potential determination as to procedure to inform its final decision on Ms. Lucy deButts, U.S. Department of
whether the WMA C tanks, ancillary AHT’s waiver request. Energy, Office of Energy Efficiency and
structures, and their residual waste at DATES: Written comments and Renewable Energy, Building
the time of WMA C closure is non-HLW, information are requested and will be Technologies Office, Mailstop EE–5B,
and may be managed and disposed of in accepted on or before July 5, 2018. 1000 Independence Avenue SW,
place as LLW. ADDRESSES: Interested persons are Washington, DC 20585–0121. E-mail:
encouraged to submit comments using AS_Waiver_Requests@ee.doe.gov.

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Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices 25659

Mr. Pete Cochran, U.S. Department of DOE may grant a waiver subject to freezer mode. AHT states that when
Energy, Office of the General Counsel, conditions, including adherence to operating as a freezer, the specified
Mail Stop GC–33, Forrestal Building, alternate test procedures. 10 CFR basic models do not have defrosting
1000 Independence Avenue SW, 431.401(f)(2). As soon as practicable cycles, and one is not possible. AHT
Washington, DC 20585–0103. after the granting of any waiver, DOE states that that the current DOE test
Telephone: (202) 586–9496. E-mail: will publish in the Federal Register a procedure assumes that commercial
peter.cochran@hq.doe.gov. notice of proposed rulemaking to amend refrigerators and freezers have cooling
SUPPLEMENTARY INFORMATION: its regulations so as to eliminate any or evaporator coils that need to be
need for the continuation of such defrosted; however, the configuration of
I. Background and Authority waiver. 10 CFR 431.401(l). As soon the AHT equipment when operated in
The Energy Policy and Conservation thereafter as practicable, DOE will freezer mode does not allow for a
Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1 publish in the Federal Register a final defrost cycle to occur. As such, AHT
Public Law 94–163 (42 U.S.C. 6291– rule. Id. states that the DOE test procedure’s
6317, as codified), among other things, The wavier process also provides that provisions that account for a defrost
authorizes DOE to regulate the energy DOE may grant an interim waiver if it occurrence are not appropriate for this
efficiency of a number of consumer appears likely that the petition for equipment when operated and tested as
products and industrial equipment. waiver will be granted and/or if DOE a freezer due to their lack of a defrost
Title III, Part C 2 of EPCA, added by the determines that it would be desirable for cycle.
National Energy Conservation Policy public policy reasons to grant To address the lack of defrost
Act, Public Law 95–619, Title IV, immediate relief pending a capability, AHT requests that the
§ 441(a), established the Energy determination on the underlying equipment, when operated and tested as
Conservation Program for Certain petition for waiver. 10 CFR a freezer, be subject to an alternate test
Industrial Equipment, which sets forth a 431.401(e)(2). Within one year of procedure that follows the requirements
variety of provisions designed to issuance of an interim waiver, DOE will of the existing DOE test procedure,
improve energy efficiency. This either: (i) Publish in the Federal which incorporates by reference
equipment includes commercial Register a determination on the petition ASHRAE 72–2005, with the exception
refrigeration equipment, the subject of for waiver; or (ii) publish in the Federal that no defrost cycles will be
this notice. (42 U.S.C. 6311(1)(E)) Register a new or amended test incorporated in the test protocols.
Further, Part C requires the Secretary of procedure that addresses the issues AHT also requests an interim waiver
Energy to prescribe test procedures that presented in the waiver. 10 CFR from the existing DOE test procedure.
are reasonably designed to produce 431.401(h)(1). When DOE amends the DOE will grant an interim waiver if it
results that measure energy efficiency, test procedure to address the issues appears likely that the petition for
energy use, or estimated operating costs presented in a waiver, the waiver will waiver will be granted, and/or if DOE
during a representative average-use automatically terminate on the date on determines that it would be desirable for
cycle, and that are not unduly which use of that test procedure is public policy reasons to grant
burdensome to conduct. (42 U.S.C. required to demonstrate compliance. 10 immediate relief pending a
6314(a)(2)) The test procedure for CFR 431.401(h)(2). determination of the petition for waiver.
commercial refrigeration equipment is See 10 CFR 431.401(e)(2).
contained in 10 CFR part 431, subpart II. AHT’s Petition for Waiver and DOE understands that, absent an
C, appendix B. Application for Interim Waiver interim waiver, it is not expected that
DOE’s regulation set forth at 10 CFR On May 16, 2017, AHT filed a petition AHT’s equipment could be tested and
431.401 contain provisions that allow for waiver and an application for rated for energy consumption on a basis
an interested person to seek a waiver interim waiver from the test procedure representative of its true energy
from the test procedure requirements for applicable to commercial refrigeration consumption characteristics. The DOE
a particular basic model when the equipment set forth in 10 CFR part 431, test procedure specifies test period and
petitioner’s basic model for which the subpart C, appendix B. AHT petitioned door-opening period start times that
petition for waiver was submitted for waiver for twenty-four basic reference a defrost occurrence, which is
contains one or more design models 3 of commercial freezers. These not possible in the specified AHT
characteristics that either (1) prevent units are capable of multi-mode freezer basic models. This lack of
testing according to the prescribed test operation (i.e., as a freezer, ice-cream defrost results in no defined start to
procedure, or (2) cause the prescribed freezer, and refrigerator). In the petition, either the test period or the door-
test procedures to evaluate the basic AHT notes that it has already requested opening period under DOE’s test
model in a manner so unrepresentative waivers for testing this equipment procedure.
of its true energy consumption operating in refrigerator mode and ice- III. Requested Alternate Test Procedure
characteristics as to provide materially cream freezer mode, and states that this
inaccurate comparative data. 10 CFR EPCA requires that manufacturers use
waiver request applies only to the
431.401(a)(1). A petitioner must include DOE test procedures when making
specified basic models operating in
in its petition any alternate test representations about the energy
procedures known to the petitioner to 3 The specific basic models for which the petition consumption and energy consumption
evaluate the basic model in a manner applies are commercial freezer basic models IBIZA costs of equipment covered by the
representative of its energy 100 NAM F, IBIZA 145 NAM F, IBIZA 210 NAM statute. (42 U.S.C. 6314(d)) Consistent
F, MALTA 145 NAM F, MALTA 185 NAM F, representations are important for
sradovich on DSK3GMQ082PROD with NOTICES

consumption characteristics. 10 CFR
MANHATTAN 175 NAM F, MANHATTAN 210
431.401(b)(1)(iii). NAM F, MIAMI 145 NAM F, MIAMI 185 NAM F,
manufacturers to use in making
MIAMI 210 NAM F, MIAMI 250 NAM F, PARIS 145 representations about the energy
1 All references to EPCA in this document refer NAM F, PARIS 185 NAM F, PARIS 210 NAM F, efficiency of their equipment and to
to the statute as amended through the EPS PARIS 250 NAM F, SYDNEY 175 NAM F, SYDNEY demonstrate compliance with
Improvement Act of 2017, Public Law 115–115 210 NAM F, SYDNEY 213 NAM F, SYDNEY 223
(January 12, 2018). NAM F, SYDNEY 230 NAM F, SYDNEY 250 NAM
applicable DOE energy conservation
2 For editorial reasons, upon codification in the F, SYDNEY XL 175 NAM F, SYDNEY XL 210 NAM standards. Pursuant to its regulations
U.S. Code, Part C was re-designated as Part A–1. F, and SYDNEY XL 250 NAM F. applicable to waivers and interim

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25660 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices

waivers from applicable test procedures petition for waiver. Consequently, it in the alternate test procedure and such
at 10 CFR 431.401, and after appears likely that AHT’s petition for representations fairly disclose the
consideration of public comments on waiver will be granted. Furthermore, results of such testing in accordance
the petition, DOE will consider setting DOE has determined that it is desirable with 10 CFR part 429, subpart B.
an alternate test procedure for the for public policy reasons to grant AHT (4) This interim waiver shall remain
equipment identified by AHT in a immediate relief pending a in effect according to the provisions of
subsequent Decision and Order. determination of the petition for waiver. 10 CFR 431.401(h) and (k).
The test procedure for commercial For the reasons stated, DOE has granted (5) This interim waiver is issued to
refrigeration equipment is at 10 CFR an interim waiver to AHT for specified AHT on the condition that the
part 431, subpart C, appendix B, commercial freezer basic models. statements, representations, and
‘‘Amended Uniform Test Method for the Therefore, DOE has issued an Order, documentary materials provided by
Measurement of Energy Consumption of stating: AHT are valid. If AHT makes any
Commercial Refrigerators, Freezers, and (1) AHT must, going forward, test and modifications to the defrost controls or
Refrigerator-Freezers.’’ AHT seeks to use rate the following AHT commercial capabilities (e.g., adding automatic
this test procedure to test and rate freezer basic models (which do not have defrost to freezer mode) of these basic
specific commercial freezer basic defrost cycle capability when operated models, the waiver would no longer be
models, except that the test period shall in freezer mode) as set forth in valid and AHT would either be required
be selected as follows: paragraph (2) below: to use the current Federal test method
The test shall begin when steady state IBIZA 100 NAM F, IBIZA 145 NAM or submit a new application for a test
conditions occur (per ASHRAE F, IBIZA 210 NAM F, MALTA 145 NAM procedure waiver. DOE may revoke or
Standard 72–2005, Section 3, F, MALTA 185 NAM F, MANHATTAN modify this waiver at any time if it
definitions, which defines steady state 175 NAM F, MANHATTAN 210 NAM determines the factual basis underlying
as ‘‘the condition where the average F, MIAMI 145 NAM F, MIAMI 185 the petition for waiver is incorrect, or
temperature of all test simulators NAM F, MIAMI 210 NAM F, MIAMI the results from the alternate test
changes less than 0.2 °C (0.4 °F) from 250 NAM F, PARIS 145 NAM F, PARIS procedure are unrepresentative of the
one 24-hour period or refrigeration cycle 185 NAM F, PARIS 210 NAM F, PARIS basic models’ true energy consumption
to the next’’). Additionally, the door- 250 NAM F, SYDNEY 175 NAM F, characteristics. 10 CFR 431.401(k)(1).
opening requirements shall be as SYDNEY 210 NAM F, SYDNEY 213 Likewise, AHT may request that DOE
defined in ASHRAE 72–2005 Section NAM F, SYDNEY 223 NAM F, SYDNEY rescind or modify the interim waiver if
7.2, with the exception that the eight- 230 NAM F, SYDNEY 250 NAM F, AHT discovers an error in the
hour period of door openings shall SYDNEY XL175 NAM F, SYDNEY information provided to DOE as part of
begin three hours after the start of the XL210 NAM F, and SYDNEY XL250 its petition, determines that the interim
test. Ambient temperature, test NAM F. waiver is no longer needed, or for other
simulator temperatures, and all other (2) The alternate test procedure for the appropriate reasons. 10 CFR
AHT basic models listed in paragraph 431.401(k)(2).
data shall be recorded at three-minute
(1) is the test procedure for CRE (6) Granting of this interim waiver
intervals beginning at the start of the
prescribed by DOE at 10 CFR part 431, does not release AHT from the
test and throughout the 24-hour testing
subpart C, appendix B, except that the certification requirements set forth at 10
period.
test period shall be selected as detailed CFR part 429.
IV. Summary of Grant of an Interim below. All other requirements of DOE makes decisions on waivers and
Waiver Appendix B and DOE’s regulations interim waivers for only those basic
DOE has reviewed AHT’s application remain applicable. models specifically set out in the
for an interim waiver, the alternate test The test shall begin when steady state petition, not future basic models that
procedure requested by AHT, and the conditions occur (per ASHRAE may be manufactured by the petitioner.
operating manual for the commercial Standard 72–2005, Section 3, AHT may submit a new or amended
freezer basic models.4 DOE understands definitions, which defines steady state petition for waiver and request for grant
that the specified commercial freezer as ‘‘the condition where the average of interim waiver, as appropriate, for
basic models are not capable of temperature of all test simulators additional basic models of commercial
defrosting. As AHT stated in their changes less than 0.2 °C (0.4 °F) from freezers. Alternatively, if appropriate,
petition for waiver, the DOE test one 24-hour period or refrigeration cycle AHT may request that DOE extend the
procedure requires beginning the test to the next’’). Additionally, the door- scope of a waiver or an interim waiver
period at the start of a defrost cycle and opening requirements shall be as to include additional basic models
recording data for 24 hours, and defined in ASHRAE 72–2005 Section employing the same technology as the
initiating a door-opening period 3 hours 7.2, with the exception that the eight- basic model(s) set forth in the original
after the start of a defrost cycle. As such, hour period of door openings shall petition consistent with 10 CFR
for the specified basic models, which do begin three hours after the start of the 431.401(g).
not defrost, there is no defined start to test. Ambient temperature, test
simulator temperatures, and all other V. Request for Comments
either the test period or the door-
data shall be recorded at three-minute DOE is publishing AHT’s petition for
opening period under DOE’s test
intervals beginning at the start of the waiver in its entirety, pursuant to 10
procedure. Based on this review, the
test and throughout the 24-hour testing CFR 431.401(b)(1)(iv). The petition did
alternate test procedure that AHT
not identify any information as
sradovich on DSK3GMQ082PROD with NOTICES

proposes appropriately reflects the period.
(3) Representations. AHT is permitted confidential business information. The
energy consumption of and is
to make representations about the petition includes a suggested alternate
appropriate for the commercial freezer
energy use of the basic models listed in test procedure, as specified in section III
basic models identified in AHT’s
paragraph (1) for compliance, of this notice, to determine the energy
4 The petition for waiver and operating manual marketing, or other purposes only to the consumption of AHT’s specified
can be found at https://www.regulations.gov/ extent that the basic models have been commercial freezer basic models. DOE
docket?D=EERE-2017-BT-WAV-0041. tested in accordance with the provisions may consider including the alternate

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Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Notices 25661

procedure specified in the Interim processed simultaneously, your Factors of interest to DOE when
Waiver Order in a subsequent Decision comment may not be viewable for up to evaluating requests to treat submitted
and Order. several weeks. Please keep the comment information as confidential include (1) a
DOE invites all interested parties to tracking number that http:// description of the items, (2) whether
submit in writing by July 5, 2018, www.regulations.gov provides after you and why such items are customarily
comments and information on all have successfully uploaded your treated as confidential within the
aspects of the petition, including the comment. industry, (3) whether the information is
alternate test procedure. Pursuant to 10 Submitting comments via email, hand generally known by or available from
CFR 431.401(d), any person submitting delivery, or mail. Comments and other sources, (4) whether the
written comments to DOE must also documents submitted via email, hand information has previously been made
send a copy of such comments to the delivery, or mail also will be posted to available to others without obligation
petitioner. The contact information for http://www.regulations.gov. If you do concerning its confidentiality, (5) an
the petitioner is Scott Blake Harris, not want your personal contact explanation of the competitive injury to
Harris, Wiltshire & Grannis LLP, 1919 M information to be publicly viewable, do the submitting person which would
Street NW, Eighth Floor, Washington, not include it in your comment or any result from public disclosure, (6) when
DC 20036. accompanying documents. Instead, such information might lose its
Submitting comments via http:// provide your contact information on a confidential character due to the
www.regulations.gov. The http:// cover letter. Include your first and last passage of time, and (7) why disclosure
www.regulations.gov web page will names, email address, telephone of the information would be contrary to
require you to provide your name and number, and optional mailing address. the public interest.
contact information. Your contact The cover letter will not be publicly It is DOE’s policy that all comments
information will be viewable to DOE viewable as long as it does not include may be included in the public docket,
Building Technologies staff only. Your any comments. without change and as received,
contact information will not be publicly Include contact information each time including any personal information
viewable except for your first and last you submit comments, data, documents, provided in the comments (except
names, organization name (if any), and and other information to DOE. If you information deemed to be exempt from
submitter representative name (if any). submit via mail or hand delivery, please public disclosure).
If your comment is not processed provide all items on a CD, if feasible. It
properly because of technical is not necessary to submit printed Signed in Washington, DC, on May 29,
difficulties, DOE will use this copies. No facsimiles (faxes) will be 2018.
information to contact you. If DOE accepted. Kathleen B. Hogan,
cannot read your comment due to Comments, data, and other Deputy Assistant Secretary for Energy
technical difficulties and cannot contact information submitted to DOE Efficiency, Energy Efficiency and Renewable
you for clarification, DOE may not be electronically should be provided in Energy.
able to consider your comment. PDF (preferred), Microsoft Word or Before the United States Department of
However, your contact information Excel, WordPerfect, or text (ASCII) file Energy Washington, D.C. 20585
will be publicly viewable if you include format. Provide documents that are not
it in the comment or in any documents secured, written in English and free of In the Matter of Energy Efficient Program:
Test Procedure for Commercial Refrigeration
attached to your comment. Any any defects or viruses. Documents
Equipment
information that you do not want to be should not contain special characters or
publicly viewable should not be any form of encryption and, if possible, Docket No. EERE–2013–BT–TP–0025; RIN
1904–AC99
included in your comment, nor in any they should carry the electronic
document attached to your comment. signature of the author. PETITION OF AHT COOLING
Persons viewing comments will see only Campaign form letters. Please submit SYSTEMS FOR FREEZER MODE
first and last names, organization campaign form letters by the originating WAIVER OF TEST PROCEDURE FOR
names, correspondence containing organization in batches of between 50 to COMMERCIAL REFRIGERATION
comments, and any documents 500 form letters per PDF or as one form EQUIPMENT
submitted with the comments. letter with a list of supporters’ names
AHT Cooling Systems GmbH and
Do not submit to http:// compiled into one or more PDFs. This
AHT Cooling Systems USA Inc.
www.regulations.gov information for reduces comment processing and
(collectively AHT) 1 respectfully submit
which disclosure is restricted by statute, posting time.
Confidential Business Information. this Freezer Mode Petition for Waiver
such as trade secrets and commercial or
According to 10 CFR 1004.11, any and Application for Interim Waiver 2
financial information (hereinafter
person submitting information that he from DOE’s test procedure for
referred to as Confidential Business
or she believes to be confidential and commercial refrigeration equipment.3
Information (‘‘CBI’’)). Comments
exempt by law from public disclosure Commercial refrigeration equipment,
submitted through http://
should submit via email, postal mail, or such as AHT’s, has recently become
www.regulations.gov cannot be claimed
hand delivery two well-marked copies: subject to a new regulatory regime. This
as CBI. Comments received through the
one copy of the document marked includes new test procedures 4 and
website will waive any CBI claims for
the information submitted. For confidential including all the
1 AHT’s U.S. subsidiary is AHT Cooling Systems
information on submitting CBI, see the information believed to be confidential,
USA Inc., 3235 Industry Drive, North Charleston,
and one copy of the document marked
sradovich on DSK3GMQ082PROD with NOTICES

Confidential Business Information South Carolina 29418 (tel. 843–767–6855). AHT’s
section. ‘‘non-confidential’’ with the information worldwide headquarters are AHT Cooling Systems
DOE processes submissions made believed to be confidential deleted. GmbH, Werkgasse 57, 8786 Rottenmann, Austria
through http://www.regulations.gov Submit these documents via email or on (tel. 011–43–3614/2451–0).
2 See 10 C.F.R. § 431.401 (petitions for waiver and
before posting. Normally, comments a CD, if feasible. DOE will make its own interim waiver).
will be posted within a few days of determination about the confidential 3 Id. Part 431, Subpart C, Appendix B.
being submitted. However, if large status of the information and treat it 4 Id. Part 431, Subpart C, Appendix B, as adopted,

volumes of comments are being according to its determination. 79 Fed. Reg. 22277 (April 21, 2014).

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Document Created: 2018-06-02 00:47:30
Document Modified: 2018-06-02 00:47:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of petition for waiver and grant of an interim waiver, and request for comments.
Dates		Written comments and information are requested and will be accepted on or before July 5, 2018.
Contact		Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. E-mail: [email protected]
FR Citation		83 FR 25658