83 FR 53460 - Energy Conservation Program: Decision and Order Granting a Waiver to Jamison Door Company From the Department of Energy Walk-in Cooler and Walk-in Freezer Doors Test Procedure

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range		53460-53462
FR Document		2018-23096
The U.S. Department of Energy (``DOE'') gives notice of a Decision and Order (Case Number 2017-009) that grants to Jamison Door Company (``Jamison'') a waiver from specified portions of the DOE test procedure for determining the energy consumption of walk-in cooler and walk-in freezer doors (``walk-in door'') basic models. Under the Decision and Order, Jamison is required to test and rate specified basic models of its walk-in doors in accordance with the alternate test procedure specified in the Decision and Order.
Federal Register, Volume 83 Issue 205 (Tuesday, October 23, 2018)
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53460-53462]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23096]


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DEPARTMENT OF ENERGY

[Case Number 2017-009; EERE-2017-BT-WAV-0040]


Energy Conservation Program: Decision and Order Granting a Waiver 
to Jamison Door Company From the Department of Energy Walk-in Cooler 
and Walk-in Freezer Doors Test Procedure

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

ACTION: Notice of decision and order.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case Number 2017-009) that grants to Jamison Door 
Company (``Jamison'') a waiver from specified portions of the DOE test 
procedure for determining the energy consumption of walk-in cooler and 
walk-in freezer doors (``walk-in door'') basic models. Under the 
Decision and Order, Jamison is required to test and rate specified 
basic models of its walk-in doors in accordance with the alternate test 
procedure specified in the Decision and Order.

DATES: The Decision and Order is effective on October 23, 2018. The 
Decision and Order will terminate upon the compliance date of any 
future

[[Page 53461]]

amendment to the test procedure for walk-in doors located at 10 CFR 
part 431, subpart R, appendix A that addresses the issues presented in 
this waiver. At such time, Jamison must use the relevant test procedure 
for this equipment for any testing to demonstrate compliance with the 
applicable standards, and any other representations of energy use.

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

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 431.401(f)(2)), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants Jamison with a waiver from the applicable test procedure 
in 10 CFR part 431, subpart R, appendix A for specified basic models of 
walk-in doors, provided that Jamison tests and rates such equipment 
using the alternate test procedure specified in the Decision and Order. 
Jamison's representations concerning the energy consumption of the 
specified basic models must be based on testing according to the 
provisions and restrictions in the alternate test procedure set forth 
in the Decision and Order, and the representations must fairly disclose 
the test results. Distributors, retailers, and private labelers are 
held to the same requirements when making representations regarding the 
energy consumption of this equipment. (42 U.S.C. 6314(d))
    Consistent with 10 CFR 431.401(j), not later than December 24, 
2018, any manufacturer currently distributing in commerce in the United 
States equipment employing a technology or characteristic that results 
in the same need for a waiver from the applicable test procedure must 
submit a petition for waiver. Manufacturers not currently distributing 
such equipment in commerce in the United States must petition for and 
be granted a waiver prior to the distribution in commerce of that 
equipment in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 431.401.

    Signed in Washington, DC, on October 15, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case # 2017-009

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA''),\1\ 
Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among other 
things, authorizes the U.S. Department of Energy (``DOE'') to 
regulate the energy efficiency of a number of consumer products and 
industrial equipment. Title III, Part C \2\ of EPCA established the 
Energy Conservation Program for Certain Industrial Equipment, which 
sets forth a variety of provisions designed to improve energy 
efficiency for certain types of industrial equipment. This equipment 
includes walk-in cooler and walk-in freezer doors (``walk-in 
doors''), the focus of this document. (42 U.S.C. 6311(1)(G)).
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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 redesignated as Part A-1.
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    Under EPCA, DOE's energy conservation program consists 
essentially of four parts: (1) testing, (2) labeling, (3) Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 
U.S.C. 6311), energy conservation standards (42 U.S.C. 6313), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
and the authority to require information and reports from 
manufacturers (42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about 
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE 
must use these test procedures to determine whether the equipment 
complies with relevant standards promulgated under EPCA. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and 
procedures DOE is required to follow when prescribing or amending 
test procedures for covered equipment. EPCA requires that any test 
procedures prescribed or amended under this section must be 
reasonably designed to produce test results which reflect energy 
efficiency, energy use or estimated annual operating cost of a 
covered equipment during a representative average use cycle and 
requires that test procedures not be unduly burdensome to conduct. 
(42 U.S.C. 6314(a)(2)) The test procedure for walk-in doors is 
contained in the Code of Federal Regulations (``CFR'') at 10 CFR 
part 431, subpart R, appendix A, Uniform Test Method for the 
Measurement of Energy Consumption of the Components of Envelopes of 
Walk-In Coolers and Walk-In Freezers (``Appendix A'').
    Under 10 CFR 431.401, any interested person may submit a 
petition for waiver from DOE's test procedure requirements. DOE will 
grant a waiver from the test procedure requirements if DOE 
determines either that the basic model for which the waiver was 
requested contains a design characteristic that prevents testing of 
the basic model according to the prescribed test procedures, or that 
the prescribed test procedures evaluate the basic model in a manner 
so unrepresentative of its true energy consumption characteristics 
as to provide materially inaccurate comparative data. 10 CFR 
431.401(a)(1). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 
431.401(f)(2).

II. Jamison's Petition for Waiver: Assertions and Determinations

    By letter dated July 26, 2017, Jamison submitted a petition for 
waiver and a petition for interim waiver from the test procedure 
applicable to walk-in doors set forth in 10 CFR part 431, subpart R, 
appendix A.\3\ Appendix A accounts for the power consumption of all 
electrical components associated with each door and discounts the 
power consumption of electrical components based on their operating 
time by an assigned percent time off (``PTO'') value. 10 CFR part 
431, subpart R, appendix A, section 4.5.2. Section 4.5.2 of appendix 
A specifies a PTO of 25% for ``other electricity-consuming devices'' 
(i.e., electrical devices other than lighting or anti-sweat heaters) 
that have demand-based controls, and a PTO of 0% for other 
electricity-consuming devices without a demand-based control. Id. 
The walk-in door basic models specified by Jamison in its petition 
\4\ are designed with door motors, which are considered ``other 
electricity-consuming devices'' with demand-based controls. In its 
petition for waiver, Jamison suggested applying a PTO value of 93.5% 
to the door motors in the specified basic models, which move doors 
at a speed of at least 12 inches per second (``in/s'') or faster. 
Jamison asserted that the current PTO value overestimates the time 
that the specified motorized door models are in operation, and 
stated that a PTO value of 25% would imply that the door motor is 
running 18 hours per day. Jamison stated that this estimated value 
of energy use is unrealistic and unrepresentative of the actual 
energy use of its equipment. Jamison further stated that, based on 
the typical door motor use pattern

[[Page 53462]]

of the specified walk-in doors, its proposed PTO value of 93.5% 
would more accurately reflect the specified basic models' door motor 
energy consumption.
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    \3\ Jamison's petition for waiver and petition for interim 
waiver can be found in the regulatory docket at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0040-0002.
    \4\ Due to the lengthy list of affected walk-in door basic 
models in Jamison's July 26, 2017 petition, DOE is making the 
complete list publicly available in the relevant regulatory docket. 
The specific basic models identified in Appendix I of the petition 
can be found in the docket at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0040-0002.
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    On June 19, 2018, DOE published a notice that announced its 
receipt of the petition for waiver and granted Jamison an interim 
waiver. 83 FR 28422 (``Notice of Petition for Waiver''). In the 
Notice of Petition for Waiver, DOE presented Jamison's claim that 
the results from testing the specified basic models according to 
Appendix A are unrealistic and unrepresentative of actual energy 
usage because of the assigned PTO value. DOE also summarized 
Jamison's requested alternate test procedure, which would require 
testing the specified basic models according to Appendix A, except 
that the PTO value for door motors would be modified from 25% to 
93.5% for freight and passage doors.
    As explained in the Notice of Petition for Waiver, DOE analyzed 
the technical performance data provided by Jamison, and noted that 
Jamison's petition sought to apply the same PTO value to its 
specified basic models that are 24 to 288 inches (i.e. 2 to 24 feet) 
wide and have motors driven at a minimum speed of 12 in/s. Even when 
assuming the most energy consumptive scenario would apply, DOE 
concluded that the proposed 93.5% PTO for the specified basic models 
was appropriate and agreed with Jamison that for the door motors 
used in those basic models, the proposed PTO was more representative 
of actual energy use than the currently required PTO value of 25%.
    In the Notice of Petition for Waiver, DOE also solicited 
comments from interested parties on all aspects of the petition and 
the specified alternate test procedure. In response, DOE received 
one comment from Hussmann Corporation (``Hussmann'').\5\ Hussmann 
supported Jamison's request and methodology for an alternate test 
procedure to account for an electrical door opening device used with 
a demand-based controller. It asserted that the analysis arriving at 
a 93.5% PTO value is sound for the product and use specified. 
Hussmann added that ``door products used in other applications,'' 
such as control devices that remove moisture in areas of high 
humidity, may also warrant variations in the PTO.
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    \5\ The Hussmann Corporation comment can be found in the docket 
at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0040.
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    DOE notes that a Decision and Order applies only to those basic 
models specified in the Order. The PTO values specified by the 
waiver methodology are appropriate for the basic models that are the 
subject of the petition. Jamison requested PTO values based on the 
characteristics of the basic models specified in its petition. 
Jamison's petition for waiver did not require DOE to consider or 
evaluate PTO values for applications other than the door motors in 
the specified basic models. Accordingly, DOE is treating Hussmann's 
comments on this point to apply more generally than to the specific 
waiver request at issue. DOE will consider this issue in greater 
detail if it should decide to amend the walk-in door test procedure 
in the future.
    For the reasons explained here and the Notice of Petition for 
Waiver, DOE understands that absent a waiver, the basic models 
identified by Jamison 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 recommended 
procedure suggested by Jamison and concludes that it will allow for 
the accurate measurement of the energy use of the equipment, while 
alleviating the testing problems associated with Jamison's 
implementation of DOE's applicable walk-in door test procedure for 
the specified basic models. Thus, DOE is requiring that Jamison test 
and rate the specified walk-in doors basic models according to the 
alternate test procedure specified in this Decision and Order, which 
is identical to the procedure provided in the interim waiver.
    This Decision and Order applies only to the basic models listed 
and does not extend to any other basic models. DOE evaluates and 
grants waivers for only those basic models specifically set out in 
the petition, not future models that may be manufactured by the 
petitioner.
    Jamison may request that the scope of this waiver be extended to 
include additional basic models that employ the same technology as 
those listed in this waiver. 10 CFR 431.401(g). Jamison may also 
submit another petition for waiver from the test procedure for 
additional basic models that employ a different technology and meet 
the criteria for test procedure waivers. 10 CFR 431.401(a)(1).
    DOE notes that it may modify or rescind the waiver at any time 
upon DOE's determination that the factual basis underlying the 
petition for waiver is incorrect, or upon a determination that the 
results from the alternate test procedure are unrepresentative of 
the basic models' true energy consumption characteristics. 10 CFR 
431.401(k)(1). Likewise, Jamison may request that DOE rescind or 
modify the waiver if the company discovers an error in the 
information provided to DOE as part of its petition, determines that 
the waiver is no longer needed, or for other appropriate reasons. 10 
CFR 431.401(k)(2). Further, the waiver is conditioned upon the 
validity of the door motor performance characteristics, statements, 
representations, and documentation provided by Jamison.

III. Order

    After careful consideration of all the material that was 
submitted by Jamison in this matter and the comment received, it is 
ORDERED that:
    (1) Jamison must, as of the date of publication of this Order in 
the Federal Register, test and rate the walk-in doors basic models 
listed in Appendix I of its July 26, 2017 petition as provided in 
Docket Number EERE-2017-BT-WAV-0040 \6\ with the alternate test 
procedure as set forth in paragraph (2).
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    \6\ Available at: https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&D=EERE-2017-BT-WAV-0040.
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    (2) The alternate test procedure for the Jamison basic models 
referenced in paragraph (1) of this Order is the test procedure for 
walk-in doors prescribed by DOE at 10 CFR part 431, subpart R, 
appendix A, except that the PTO value specified in section 4.5.2 
``Direct Energy Consumption of Electrical Components of Non-Display 
Doors'' shall be 93.5% for door motors. All other requirements of 10 
CFR part 431, subpart R, appendix A and DOE's regulations remain 
applicable.
    (3) Representations. Jamison may not make representations about 
the energy use of the basic models referenced in paragraph (1) of 
this Order for compliance, marketing, or other purposes unless the 
basic model has been tested in accordance with the provisions set 
forth above and such representations fairly disclose the results of 
such testing in accordance with 10 CFR part 431, subpart R, appendix 
A and 10 CFR part 429, subpart B, as specified in this Order.
    (4) This waiver shall remain in effect according to the 
provisions of 10 CFR 431.401.
    (5) This waiver is issued on the condition that the statements, 
representations, and documentation provided by Jamison are valid. If 
Jamison makes any modifications to the controls or configurations of 
these basic models, the waiver will no longer be valid and Jamison 
will 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, Jamison may request that DOE rescind or 
modify the waiver if Jamison discovers an error in the information 
provided to DOE as part of its petition, determines that the waiver 
is no longer needed, or for other appropriate reasons. 10 CFR 
431.401(k)(2).
    (6) Granting of this waiver does not release Jamison from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on October 15, 2018.

Kathleen B. Hogan, Ph.D.

Deputy Assistant Secretary for Energy Efficiency Energy Efficiency 
and Renewable Energy

[FR Doc. 2018-23096 Filed 10-22-18; 8:45 am]
 BILLING CODE 6450-01-P
Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices 53461

amendment to the test procedure for request for interim waiver pursuant to 431, subpart R, appendix A, Uniform Test
walk-in doors located at 10 CFR part the requirements of 10 CFR 431.401. Method for the Measurement of Energy
431, subpart R, appendix A that Consumption of the Components of
Signed in Washington, DC, on October 15, Envelopes of Walk-In Coolers and Walk-In
addresses the issues presented in this 2018. Freezers (‘‘Appendix A’’).
waiver. At such time, Jamison must use Kathleen B. Hogan, Under 10 CFR 431.401, any interested
the relevant test procedure for this Deputy Assistant Secretary for Energy person may submit a petition for waiver from
equipment for any testing to Efficiency, Energy Efficiency and Renewable DOE’s test procedure requirements. DOE will
demonstrate compliance with the Energy. grant a waiver from the test procedure
applicable standards, and any other requirements if DOE determines either that
representations of energy use. Case # 2017–009 the basic model for which the waiver was
Decision and Order requested contains a design characteristic
FOR FURTHER INFORMATION CONTACT: Ms. that prevents testing of the basic model
Lucy deButts, U.S. Department of I. Background and Authority according to the prescribed test procedures,
Energy, Office of Energy Efficiency and The Energy Policy and Conservation Act of or that the prescribed test procedures
Renewable Energy, Building 1975 (‘‘EPCA’’),1 Public Law 94–163 (42 evaluate the basic model in a manner so
Technologies Office, EE–5B, 1000 U.S.C. 6291–6317, as codified), among other unrepresentative of its true energy
Independence Avenue SW, Washington, things, authorizes the U.S. Department of consumption characteristics as to provide
Energy (‘‘DOE’’) to regulate the energy materially inaccurate comparative data. 10
DC 20585–0121. Email: AS_Waiver_ CFR 431.401(a)(1). DOE may grant the waiver
Requests@ee.doe.gov. efficiency of a number of consumer products
and industrial equipment. Title III, Part C 2 of subject to conditions, including adherence to
Mr. Michael Kido, U.S. Department of EPCA established the Energy Conservation alternate test procedures. 10 CFR
Energy, Office of the General Counsel, Program for Certain Industrial Equipment, 431.401(f)(2).
Mail Stop GC–33, Forrestal Building, which sets forth a variety of provisions II. Jamison’s Petition for Waiver: Assertions
1000 Independence Avenue SW, designed to improve energy efficiency for and Determinations
Washington, DC 20585–0103. certain types of industrial equipment. This
equipment includes walk-in cooler and walk- By letter dated July 26, 2017, Jamison
Telephone: (202) 586–8145. Email: submitted a petition for waiver and a petition
Michael.kido@hq.doe.gov. in freezer doors (‘‘walk-in doors’’), the focus
of this document. (42 U.S.C. 6311(1)(G)). for interim waiver from the test procedure
SUPPLEMENTARY INFORMATION: In Under EPCA, DOE’s energy conservation applicable to walk-in doors set forth in 10
accordance with Title 10 of the Code of program consists essentially of four parts: (1) CFR part 431, subpart R, appendix A.3
testing, (2) labeling, (3) Federal energy Appendix A accounts for the power
Federal Regulations (10 CFR
conservation standards, and (4) certification consumption of all electrical components
431.401(f)(2)), DOE gives notice of the associated with each door and discounts the
issuance of its Decision and Order as set and enforcement procedures. Relevant
provisions of EPCA include definitions (42 power consumption of electrical components
forth below. The Decision and Order based on their operating time by an assigned
U.S.C. 6311), energy conservation standards
grants Jamison with a waiver from the (42 U.S.C. 6313), test procedures (42 U.S.C. percent time off (‘‘PTO’’) value. 10 CFR part
applicable test procedure in 10 CFR part 6314), labeling provisions (42 U.S.C. 6315), 431, subpart R, appendix A, section 4.5.2.
431, subpart R, appendix A for specified and the authority to require information and Section 4.5.2 of appendix A specifies a PTO
basic models of walk-in doors, provided reports from manufacturers (42 U.S.C. 6316). of 25% for ‘‘other electricity-consuming
that Jamison tests and rates such The Federal testing requirements consist of devices’’ (i.e., electrical devices other than
test procedures that manufacturers of covered lighting or anti-sweat heaters) that have
equipment using the alternate test
equipment must use as the basis for: (1) demand-based controls, and a PTO of 0% for
procedure specified in the Decision and other electricity-consuming devices without
Order. Jamison’s representations certifying to DOE that their equipment
complies with the applicable energy a demand-based control. Id. The walk-in door
concerning the energy consumption of basic models specified by Jamison in its
conservation standards adopted pursuant to
the specified basic models must be EPCA (42 U.S.C. 6316(a); 42 U.S.C. 6295(s)), petition 4 are designed with door motors,
based on testing according to the and (2) making representations about the which are considered ‘‘other electricity-
provisions and restrictions in the efficiency of that equipment (42 U.S.C. consuming devices’’ with demand-based
alternate test procedure set forth in the 6314(d)). Similarly, DOE must use these test controls. In its petition for waiver, Jamison
Decision and Order, and the procedures to determine whether the suggested applying a PTO value of 93.5% to
equipment complies with relevant standards the door motors in the specified basic
representations must fairly disclose the
promulgated under EPCA. (42 U.S.C. 6316(a); models, which move doors at a speed of at
test results. Distributors, retailers, and least 12 inches per second (‘‘in/s’’) or faster.
private labelers are held to the same 42 U.S.C. 6295(s))
Under 42 U.S.C. 6314, EPCA sets forth the Jamison asserted that the current PTO value
requirements when making overestimates the time that the specified
criteria and procedures DOE is required to
representations regarding the energy follow when prescribing or amending test motorized door models are in operation, and
consumption of this equipment. (42 procedures for covered equipment. EPCA stated that a PTO value of 25% would imply
U.S.C. 6314(d)) requires that any test procedures prescribed that the door motor is running 18 hours per
or amended under this section must be day. Jamison stated that this estimated value
Consistent with 10 CFR 431.401(j),
reasonably designed to produce test results of energy use is unrealistic and
not later than December 24, 2018, any unrepresentative of the actual energy use of
manufacturer currently distributing in which reflect energy efficiency, energy use or
estimated annual operating cost of a covered its equipment. Jamison further stated that,
commerce in the United States based on the typical door motor use pattern
equipment during a representative average
equipment employing a technology or use cycle and requires that test procedures
characteristic that results in the same not be unduly burdensome to conduct. (42 3 Jamison’s petition for waiver and petition for

need for a waiver from the applicable U.S.C. 6314(a)(2)) The test procedure for interim waiver can be found in the regulatory
test procedure must submit a petition docket at https://www.regulations.gov/
khammond on DSK30JT082PROD with NOTICES

walk-in doors is contained in the Code of document?D=EERE-2017-BT-WAV-0040-0002.
for waiver. Manufacturers not currently Federal Regulations (‘‘CFR’’) at 10 CFR part 4 Due to the lengthy list of affected walk-in door
distributing such equipment in basic models in Jamison’s July 26, 2017 petition,
commerce in the United States must 1 All references to EPCA in this document refer
DOE is making the complete list publicly available
petition for and be granted a waiver to the statute as amended through the EPS in the relevant regulatory docket. The specific basic
Improvement Act of 2017, Public Law 115–115 models identified in Appendix I of the petition can
prior to the distribution in commerce of (January 12, 2018). be found in the docket at https://
that equipment in the United States. 2 For editorial reasons, upon codification in the www.regulations.gov/document?D=EERE-2017-BT-
Manufacturers may also submit a U.S. Code, Part C was redesignated as Part A–1. WAV-0040-0002.

VerDate Sep<11>2014 20:20 Oct 22, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\23OCN1.SGM 23OCN1
53462 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices

of the specified walk-in doors, its proposed understands that absent a waiver, the basic procedure for walk-in doors prescribed by
PTO value of 93.5% would more accurately models identified by Jamison in its petition DOE at 10 CFR part 431, subpart R, appendix
reflect the specified basic models’ door motor cannot be tested and rated for energy A, except that the PTO value specified in
energy consumption. consumption on a basis representative of section 4.5.2 ‘‘Direct Energy Consumption of
On June 19, 2018, DOE published a notice their true energy consumption Electrical Components of Non-Display
that announced its receipt of the petition for characteristics. DOE has reviewed the Doors’’ shall be 93.5% for door motors. All
waiver and granted Jamison an interim recommended procedure suggested by other requirements of 10 CFR part 431,
waiver. 83 FR 28422 (‘‘Notice of Petition for Jamison and concludes that it will allow for subpart R, appendix A and DOE’s regulations
Waiver’’). In the Notice of Petition for the accurate measurement of the energy use remain applicable.
Waiver, DOE presented Jamison’s claim that of the equipment, while alleviating the (3) Representations. Jamison may not make
the results from testing the specified basic testing problems associated with Jamison’s representations about the energy use of the
models according to Appendix A are implementation of DOE’s applicable walk-in basic models referenced in paragraph (1) of
unrealistic and unrepresentative of actual door test procedure for the specified basic this Order for compliance, marketing, or
energy usage because of the assigned PTO models. Thus, DOE is requiring that Jamison other purposes unless the basic model has
value. DOE also summarized Jamison’s test and rate the specified walk-in doors basic been tested in accordance with the
requested alternate test procedure, which models according to the alternate test provisions set forth above and such
would require testing the specified basic procedure specified in this Decision and representations fairly disclose the results of
models according to Appendix A, except that Order, which is identical to the procedure such testing in accordance with 10 CFR part
the PTO value for door motors would be provided in the interim waiver. 431, subpart R, appendix A and 10 CFR part
modified from 25% to 93.5% for freight and This Decision and Order applies only to 429, subpart B, as specified in this Order.
passage doors. the basic models listed and does not extend (4) This waiver shall remain in effect
As explained in the Notice of Petition for to any other basic models. DOE evaluates and according to the provisions of 10 CFR
Waiver, DOE analyzed the technical grants waivers for only those basic models 431.401.
performance data provided by Jamison, and specifically set out in the petition, not future (5) This waiver is issued on the condition
noted that Jamison’s petition sought to apply models that may be manufactured by the that the statements, representations, and
the same PTO value to its specified basic petitioner. documentation provided by Jamison are
models that are 24 to 288 inches (i.e. 2 to 24 Jamison may request that the scope of this valid. If Jamison makes any modifications to
feet) wide and have motors driven at a waiver be extended to include additional the controls or configurations of these basic
minimum speed of 12 in/s. Even when basic models that employ the same models, the waiver will no longer be valid
assuming the most energy consumptive technology as those listed in this waiver. 10 and Jamison will either be required to use the
scenario would apply, DOE concluded that CFR 431.401(g). Jamison may also submit current Federal test method or submit a new
the proposed 93.5% PTO for the specified another petition for waiver from the test application for a test procedure waiver. DOE
basic models was appropriate and agreed procedure for additional basic models that may revoke or modify this waiver at any time
with Jamison that for the door motors used employ a different technology and meet the if it determines the factual basis underlying
in those basic models, the proposed PTO was criteria for test procedure waivers. 10 CFR the petition for waiver is incorrect, or the
more representative of actual energy use than 431.401(a)(1). results from the alternate test procedure are
the currently required PTO value of 25%. DOE notes that it may modify or rescind unrepresentative of the basic models’ true
In the Notice of Petition for Waiver, DOE the waiver at any time upon DOE’s energy consumption characteristics. 10 CFR
also solicited comments from interested determination that the factual basis 431.401(k)(1). Likewise, Jamison may request
parties on all aspects of the petition and the underlying the petition for waiver is that DOE rescind or modify the waiver if
specified alternate test procedure. In incorrect, or upon a determination that the Jamison discovers an error in the information
response, DOE received one comment from results from the alternate test procedure are provided to DOE as part of its petition,
Hussmann Corporation (‘‘Hussmann’’).5 unrepresentative of the basic models’ true determines that the waiver is no longer
Hussmann supported Jamison’s request and energy consumption characteristics. 10 CFR needed, or for other appropriate reasons. 10
methodology for an alternate test procedure 431.401(k)(1). Likewise, Jamison may request CFR 431.401(k)(2).
to account for an electrical door opening that DOE rescind or modify the waiver if the (6) Granting of this waiver does not release
device used with a demand-based controller. company discovers an error in the Jamison from the certification requirements
It asserted that the analysis arriving at a information provided to DOE as part of its set forth at 10 CFR part 429.
93.5% PTO value is sound for the product petition, determines that the waiver is no Signed in Washington, DC, on October 15,
and use specified. Hussmann added that longer needed, or for other appropriate 2018.
‘‘door products used in other applications,’’ reasons. 10 CFR 431.401(k)(2). Further, the
such as control devices that remove moisture Kathleen B. Hogan, Ph.D.
waiver is conditioned upon the validity of
in areas of high humidity, may also warrant the door motor performance characteristics, Deputy Assistant Secretary for Energy
variations in the PTO. statements, representations, and Efficiency Energy Efficiency and Renewable
DOE notes that a Decision and Order documentation provided by Jamison. Energy
applies only to those basic models specified [FR Doc. 2018–23096 Filed 10–22–18; 8:45 am]
in the Order. The PTO values specified by III. Order
BILLING CODE 6450–01–P
the waiver methodology are appropriate for After careful consideration of all the
the basic models that are the subject of the material that was submitted by Jamison in
petition. Jamison requested PTO values based this matter and the comment received, it is
on the characteristics of the basic models ORDERED that: DEPARTMENT OF ENERGY
specified in its petition. Jamison’s petition (1) Jamison must, as of the date of
for waiver did not require DOE to consider publication of this Order in the Federal Federal Energy Regulatory
or evaluate PTO values for applications other Register, test and rate the walk-in doors basic Commission
than the door motors in the specified basic models listed in Appendix I of its July 26, [Project No. 1744–041]
models. Accordingly, DOE is treating 2017 petition as provided in Docket Number
Hussmann’s comments on this point to apply EERE–2017–BT–WAV–0040 6 with the PacifiCorp; Notice of Application and
more generally than to the specific waiver alternate test procedure as set forth in
request at issue. DOE will consider this issue Applicant-Prepared EA Accepted for
paragraph (2).
khammond on DSK30JT082PROD with NOTICES

in greater detail if it should decide to amend (2) The alternate test procedure for the Filing, Soliciting Motions To Intervene
the walk-in door test procedure in the future. Jamison basic models referenced in and Protests, and Soliciting
For the reasons explained here and the paragraph (1) of this Order is the test Comments, and Final
Notice of Petition for Waiver, DOE Recommendations, Terms and
6 Available at: https://www.regulations.gov/ Conditions, and Prescriptions
5 The Hussmann Corporation comment can be docketBrowser?rpp=25&so=
found in the docket at: https://www.regulations.gov/ DESC&sb=commentDueDate&po=0&D=EERE-2017- Take notice that the following
document?D=EERE-2017-BT-WAV-0040. BT-WAV-0040. hydroelectric application and applicant-

VerDate Sep<11>2014 20:20 Oct 22, 2018 Jkt 247001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\23OCN1.SGM 23OCN1
Document Created: 2018-10-23 04:14:33
Document Modified: 2018-10-23 04:14:33
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 decision and order.
Dates		The Decision and Order is effective on October 23, 2018. The Decision and Order will terminate upon the compliance date of any future amendment to the test procedure for walk-in doors located at 10 CFR
Contact		Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: [email protected]
FR Citation		83 FR 53460