83_FR_54791 83 FR 54581 - Energy Conservation Program: Decision and Order Granting a Waiver to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. From the Department of Energy Commercial Refrigerator, Freezer, and Refrigerator-Freezer Test Procedure

83 FR 54581 - Energy Conservation Program: Decision and Order Granting a Waiver to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. From the Department of Energy Commercial Refrigerator, Freezer, and Refrigerator-Freezer Test Procedure

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 210 (October 30, 2018)

Page Range54581-54583
FR Document2018-23669

The U.S. Department of Energy (``DOE'') gives notice of a Decision and Order (Case Number 2017-007) that grants AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. (``AHT'') a waiver from specified portions of the DOE test procedure for determining the energy consumption of specified commercial refrigerators, freezers, and refrigerator-freezers (collectively ``commercial refrigeration equipment'') basic models. Under the Decision and Order, AHT is required to test and rate the specified basic models of its commercial refrigeration equipment in accordance with the alternate test procedure specified in the Decision and Order.

Federal Register, Volume 83 Issue 210 (Tuesday, October 30, 2018)
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Notices]
[Pages 54581-54583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23669]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. From the 
Department of Energy Commercial Refrigerator, Freezer, and 
Refrigerator-Freezer Test Procedure

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

ACTION: Notice of decision and order.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case Number 2017-007) that grants AHT Cooling 
Systems GmbH and AHT Cooling Systems USA Inc. (``AHT'') a waiver from 
specified portions of the DOE test procedure for determining the energy 
consumption of specified commercial refrigerators, freezers, and 
refrigerator-freezers (collectively ``commercial refrigeration 
equipment'') basic models. Under the Decision and Order, AHT is 
required to test and rate the specified basic models of its commercial 
refrigeration equipment in accordance with the alternate test procedure 
specified in the Decision and Order.

DATES: The Decision and Order is effective on October 30, 2018. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for commercial refrigeration 
equipment located at 10 CFR part 431, subpart C, appendix B that 
addresses the issues presented in this waiver. At such time, AHT must 
use the relevant test procedure for this equipment for any testing to 
demonstrate compliance with 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. Telephone: 
(202) 287-1604. Email: AS_Waiver_Requests@ee.doe.gov.
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. Email: 
peter.cochran@hq.doe.gov.

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 AHT a waiver from the applicable test procedure in 10 CFR 
part 431, subpart C, appendix B (``Appendix B'') for specified basic 
models of commercial refrigeration equipment, provided that AHT tests 
and rates such equipment using the alternate test procedure specified 
in the Decision and Order. AHT'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 31, 
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 16, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #2017-007

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA''),\1\ 
Public Law 94-

[[Page 54582]]

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 commercial refrigerators, 
freezers, and refrigerator-freezers (collectively ``commercial 
refrigeration equipment''), the focus of this document. (42 U.S.C. 
6311(1)(E)) EPCA also 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    DOE's regulations 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: Assertions and Determinations

    By letter dated May 16, 2017, AHT submitted a petition for waiver 
and an application for interim waiver for specified basic models of 
commercial refrigeration equipment that are required to be tested using 
the commercial refrigeration equipment test procedure at 10 CFR part 
431, subpart C, appendix B.\3\ AHT stated that the basic models listed 
in the petition do not have a defrost cycle when operated in freezer 
mode, and therefore cannot be tested under Appendix B, which references 
defrosts for the start of the test period and door-opening period.
---------------------------------------------------------------------------

    \3\ AHT's petition for waiver and petition for interim waiver 
can be found in the regulatory docket at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0041.
---------------------------------------------------------------------------

    On June 4, 2018, DOE published a notice that announced its receipt 
of the petition for waiver and granted AHT an interim waiver. 83 FR 
25658. (``Notice of Petition for Waiver''). In the Notice of Petition 
for Waiver, DOE presented AHT's claim that its specified basic models 
cannot be tested according to Appendix B due to their lack of defrost 
when operated in freezer mode. AHT requested an alternate test 
procedure, which would test the specified commercial freezer basic 
models according to appendix B, but with the test period starting after 
the unit achieves steady state conditions and the door-opening period 
starting 3 hours after the start of the test period.
    As explained in the Notice of Petition for Waiver, DOE evaluated 
the alternate test procedure requested by AHT, as well as the operating 
manual for the commercial freezer basic models. DOE's 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 review of the application for an interim waiver, DOE 
determined that the alternate test procedure that AHT suggested 
appropriately reflects the energy consumption of and is appropriate for 
the commercial freezer basic models identified in AHT's petition for 
waiver.
    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, which was consistent with AHT's 
requested alternate approach. DOE received no comments in response to 
the Notice of Petition for Waiver.
    For the reasons explained here and in the Notice of Petition for 
Waiver, DOE understands that absent a waiver, the commercial freezer 
basic models identified by AHT in its petition contain a design 
characteristic--lack of a defrost cycle when operated in freezer mode--
that prevents testing and rating such models on a basis representative 
of their true energy consumption characteristics. DOE has reviewed the 
recommended procedure suggested by AHT and concludes that it will allow 
for the accurate measurement of the energy use of the equipment, while 
alleviating the testing problems associated with AHT's implementation 
of DOE's applicable commercial refrigeration equipment test procedure 
for the specified basic models. Thus, DOE is requiring that AHT test 
and rate the commercial freezer basic models for which it has requested 
a waiver 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 is applicable only to the basic models 
listed within it 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. AHT 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). AHT may 
also submit another petition for waiver from the test procedure for 
additional basic models that employ a different technology and meet the

[[Page 54583]]

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, AHT 
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).

III. Order

    After careful consideration of all the material that was submitted 
by AHT in this matter, it is ordered that:
    (1) AHT must, as of the date of publication of this Order in the 
Federal Register, test and rate the following AHT brand commercial 
freezer basic models (which do not have defrost cycle capability when 
operated in freezer mode) with the alternate test procedure as set 
forth in paragraph (2):

------------------------------------------------------------------------
            Brand name                          Basic model
------------------------------------------------------------------------
AHT..............................  IBIZA 100 NAM F
AHT..............................  IBIZA 145 NAM F
AHT..............................  IBIZA 210 NAM F
AHT..............................  MALTA 145 NAM F
AHT..............................  MALTA 185 NAM F
AHT..............................  MANHATTAN 175 NAM F
AHT..............................  MANHATTAN 210 NAM F
AHT..............................  MIAMI 145 NAM F
AHT..............................  MIAMI 185 NAM F
AHT..............................  MIAMI 210 NAM F
AHT..............................  MIAMI 250 NAM F
AHT..............................  PARIS 145 NAM F
AHT..............................  PARIS 185 NAM F
AHT..............................  PARIS 210 NAM F
AHT..............................  PARIS 250 NAM F
AHT..............................  SYDNEY 175 NAM F
AHT..............................  SYDNEY 210 NAM F
AHT..............................  SYDNEY 213 NAM F
AHT..............................  SYDNEY 223 NAM F
AHT..............................  SYDNEY 230 NAM F
AHT..............................  SYDNEY 250 NAM F
AHT..............................  SYDNEY XL175 NAM F
AHT..............................  SYDNEY XL210 NAM F
AHT..............................  SYDNEY XL250 NAM F
------------------------------------------------------------------------

    (2) The alternate test procedure for the AHT basic models listed in 
paragraph (1) of this Order is the test procedure for commercial 
refrigeration equipment 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'' ASHRAE 72-2005, 
Section 3, definitions). 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 may not make representations about the 
energy use of the basic models identified 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 C, appendix B and 10 CFR 
429.42, 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 AHT are valid. If AHT 
makes any modifications to the controls or capabilities (e.g., adding 
automatic defrost to freezer mode) of these basic models, the waiver 
will no longer be valid and AHT 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, AHT may request that 
DOE rescind or modify the waiver if AHT 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 AHT from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on October 16, 2018.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy

[FR Doc. 2018-23669 Filed 10-29-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                            Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices                                                   54581

                                               SUMMARY:    The Department of Energy                      Signed in Washington, DC on October 23,                Mail Stop GC–33, Forrestal Building,
                                               (DOE), pursuant to the Paperwork                        2018.                                                    1000 Independence Avenue SW,
                                               Reduction Act of 1995, intends to                       Theodore J. Garrish,                                     Washington, DC 20585–0103.
                                               extend for three years, an information                  Acting General Counsel, United States                    Telephone: (202) 586–9496. Email:
                                               collection request with the Office of                   Department of Energy.                                    peter.cochran@hq.doe.gov.
                                               Management and Budget (OMB).                            [FR Doc. 2018–23668 Filed 10–29–18; 8:45 am]
                                                                                                                                                             SUPPLEMENTARY INFORMATION: In
                                               DATES: Comments regarding this                          BILLING CODE 6450–01–P
                                                                                                                                                             accordance with Title 10 of the Code of
                                               proposed information collection must                                                                          Federal Regulations (10 CFR
                                               be received on or before December 31,                                                                         431.401(f)(2)), DOE gives notice of the
                                               2018. If you anticipate difficulty in                   DEPARTMENT OF ENERGY
                                                                                                                                                             issuance of its Decision and Order as set
                                               submitting comments within that                         [Case Number 2017–007; EERE–2017–BT–                  forth below. The Decision and Order
                                               period, contact the person listed below                 WAV–0041]                                             grants AHT a waiver from the applicable
                                               as soon as possible.                                                                                          test procedure in 10 CFR part 431,
                                               ADDRESSES: Written comments may be                      Energy Conservation Program:                          subpart C, appendix B (‘‘Appendix B’’)
                                               sent to Eric Mulch at 1000                              Decision and Order Granting a Waiver                  for specified basic models of
                                               Independence Ave. SW, Washington,                       to AHT Cooling Systems GmbH and                       commercial refrigeration equipment,
                                               DC 20585 or by email at eric.mulch@                     AHT Cooling Systems USA Inc. From                     provided that AHT tests and rates such
                                               hq.doe.gov.                                             the Department of Energy Commercial
                                                                                                                                                             equipment using the alternate test
                                                                                                       Refrigerator, Freezer, and Refrigerator-
                                               FOR FURTHER INFORMATION CONTACT: Eric                                                                         procedure specified in the Decision and
                                                                                                       Freezer Test Procedure
                                               F. Mulch, Attorney-Adviser, at (202)                                                                          Order. AHT’s representations
                                               287–5746, or via email at eric.mulch@                   AGENCY: Office of Energy Efficiency and               concerning the energy consumption of
                                               hq.doe.gov.                                             Renewable Energy, Department of                       the specified basic models must be
                                               SUPPLEMENTARY INFORMATION: Comments                     Energy.                                               based on testing according to the
                                               are invited on: (a) Whether the extended                ACTION: Notice of decision and order.                 provisions and restrictions in the
                                               collection of information is necessary                                                                        alternate test procedure set forth in the
                                                                                                       SUMMARY:   The U.S. Department of                     Decision and Order, and the
                                               for the proper performance of the                       Energy (‘‘DOE’’) gives notice of a
                                               functions of the agency, including                                                                            representations must fairly disclose the
                                                                                                       Decision and Order (Case Number                       test results. Distributors, retailers, and
                                               whether the information shall have
                                                                                                       2017–007) that grants AHT Cooling                     private labelers are held to the same
                                               practical utility; (b) the accuracy of the
                                                                                                       Systems GmbH and AHT Cooling                          requirements when making
                                               agency’s estimate of the burden of the
                                                                                                       Systems USA Inc. (‘‘AHT’’) a waiver                   representations regarding the energy
                                               proposed collection of information,
                                                                                                       from specified portions of the DOE test               consumption of this equipment. (42
                                               including the validity of the
                                                                                                       procedure for determining the energy                  U.S.C. 6314(d))
                                               methodology and assumptions used; (c)
                                                                                                       consumption of specified commercial                      Consistent with 10 CFR 431.401(j),
                                               ways to enhance the quality, utility, and
                                                                                                       refrigerators, freezers, and refrigerator-            not later than December 31, 2018, any
                                               clarity of the information to be
                                                                                                       freezers (collectively ‘‘commercial                   manufacturer currently distributing in
                                               collected; and (d) ways to minimize the
                                               burden of the collection of information                 refrigeration equipment’’) basic models.              commerce in the United States
                                               on respondents, including through the                   Under the Decision and Order, AHT is                  equipment employing a technology or
                                               use of automated collection techniques                  required to test and rate the specified               characteristic that results in the same
                                               or other forms of information                           basic models of its commercial                        need for a waiver from the applicable
                                               technology. This information collection                 refrigeration equipment in accordance                 test procedure must submit a petition
                                               request contains: (1) OMB No. 1910–                     with the alternate test procedure                     for waiver. Manufacturers not currently
                                               5115; (2) Information Collection Request                specified in the Decision and Order.                  distributing such equipment in
                                               Title: Contractor Legal Management                      DATES: The Decision and Order is                      commerce in the United States must
                                               Requirements; (3) Type of Review:                       effective on October 30, 2018. The                    petition for and be granted a waiver
                                               Extension; (4) Purpose: The information                 Decision and Order will terminate upon                prior to the distribution in commerce of
                                               collection to be extended has been and                  the compliance date of any future                     that equipment in the United States.
                                               will be used to form the basis for DOE                  amendment to the test procedure for                   Manufacturers may also submit a
                                               actions on requests from the contractors                commercial refrigeration equipment                    request for interim waiver pursuant to
                                               for reimbursement of litigation and                     located at 10 CFR part 431, subpart C,                the requirements of 10 CFR 431.401.
                                               other legal expenses. The information                   appendix B that addresses the issues
                                                                                                                                                               Signed in Washington, DC, on October 16,
                                               collected related to annual legal budget,               presented in this waiver. At such time,               2018.
                                               staffing and resource plans, and                        AHT must use the relevant test
                                                                                                                                                             Kathleen B. Hogan,
                                               initiation or settlement of defensive or                procedure for this equipment for any
                                                                                                       testing to demonstrate compliance with                Deputy Assistant Secretary for Energy
                                               offensive litigation is and will be                                                                           Efficiency, Energy Efficiency and Renewable
                                               similarly used; (5) Annual Estimated                    standards, and any other representations              Energy.
                                               Number of Respondents: 45; (6) Annual                   of energy use.
                                               Estimated Number of Total Responses:                    FOR FURTHER INFORMATION CONTACT:                      Case #2017–007
                                               154; (7) Annual Estimated Number of                     Ms. Lucy deButts, U.S. Department of                  Decision and Order
                                               Burden Hours: 1,150; (8) Annual                            Energy, Office of Energy Efficiency
                                                                                                                                                             I. Background and Authority
khammond on DSK30JT082PROD with NOTICES




                                               Estimated Reporting and Recordkeeping                      and Renewable Energy, Building
                                               Cost Burden: 0.                                            Technologies Office, EE–5B, 1000                    The Energy Policy and Conservation
                                                                                                          Independence Avenue SW,                            Act of 1975 (‘‘EPCA’’),1 Public Law 94–
                                                 Statutory Authority: Section 161 of the
                                               Atomic Energy Act of 1954, 42 U.S.C. 2201,
                                                                                                          Washington, DC 20585–0121.
                                               the Department of Energy Organization Act,                 Telephone: (202) 287–1604. Email:                     1 All references to EPCA in this document refer
                                               42 U.S.C 7101, et seq., and the National                   AS_Waiver_Requests@ee.doe.gov.                     to the statute as amended through the EPS
                                               Nuclear Security Administration Act, 50                 Mr. Pete Cochran, U.S. Department of                  Improvement Act of 2017, Public Law 115–115
                                               U.S.C. 2401, et seq.                                       Energy, Office of the General Counsel,             (January 12, 2018).



                                          VerDate Sep<11>2014   17:34 Oct 29, 2018   Jkt 247001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\30OCN1.SGM   30OCN1


                                               54582                        Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices

                                               163 (42 U.S.C. 6291–6317, as codified),                    The wavier process also provides that              commercial freezer basic models. DOE’s
                                               among other things, authorizes the U.S.                 DOE may grant an interim waiver if it                 test procedure requires beginning the
                                               Department of Energy (‘‘DOE’’) to                       appears likely that the petition for                  test period at the start of a defrost cycle
                                               regulate the energy efficiency of a                     waiver will be granted and/or if DOE                  and recording data for 24 hours, and
                                               number of consumer products and                         determines that it would be desirable for             initiating a door-opening period 3 hours
                                               industrial equipment. Title III, Part C 2               public policy reasons to grant                        after the start of a defrost cycle. As such,
                                               of EPCA established the Energy                          immediate relief pending a                            for the specified basic models, which do
                                               Conservation Program for Certain                        determination on the underlying                       not defrost, there is no defined start to
                                               Industrial Equipment, which sets forth a                petition for waiver. 10 CFR                           either the test period or the door-
                                               variety of provisions designed to                       431.401(e)(2). Within one year of                     opening period under DOE’s test
                                               improve energy efficiency for certain                   issuance of an interim waiver, DOE will               procedure. Based on review of the
                                               types of industrial equipment. This                     either: (i) Publish in the Federal                    application for an interim waiver, DOE
                                               equipment includes commercial                           Register a determination on the petition              determined that the alternate test
                                               refrigerators, freezers, and refrigerator-              for waiver; or (ii) publish in the Federal            procedure that AHT suggested
                                               freezers (collectively ‘‘commercial                     Register a new or amended test                        appropriately reflects the energy
                                               refrigeration equipment’’), the focus of                procedure that addresses the issues                   consumption of and is appropriate for
                                               this document. (42 U.S.C. 6311(1)(E))                   presented in the waiver. 10 CFR                       the commercial freezer basic models
                                               EPCA also requires the Secretary of                     431.401(h)(1). When DOE amends the                    identified in AHT’s petition for waiver.
                                               Energy to prescribe test procedures that                test procedure to address the issues                     In the Notice of Petition for Waiver,
                                               are reasonably designed to produce                      presented in a waiver, the waiver will                DOE also solicited comments from
                                               results that measure energy efficiency,                 automatically terminate on the date on                interested parties on all aspects of the
                                               energy use, or estimated operating costs                which use of that test procedure is                   petition and the specified alternate test
                                               during a representative average-use                     required to demonstrate compliance. 10                procedure, which was consistent with
                                               cycle, and that are not unduly                          CFR 431.401(h)(2).                                    AHT’s requested alternate approach.
                                               burdensome to conduct. (42 U.S.C.                                                                             DOE received no comments in response
                                                                                                       II. AHT’s Petition for Waiver:                        to the Notice of Petition for Waiver.
                                               6314(a)(2)) The test procedure for
                                                                                                       Assertions and Determinations                            For the reasons explained here and in
                                               commercial refrigeration equipment is
                                               contained in 10 CFR part 431, subpart                      By letter dated May 16, 2017, AHT                  the Notice of Petition for Waiver, DOE
                                               C, appendix B.                                          submitted a petition for waiver and an                understands that absent a waiver, the
                                                                                                       application for interim waiver for                    commercial freezer basic models
                                                  DOE’s regulations set forth at 10 CFR                                                                      identified by AHT in its petition contain
                                               431.401 contain provisions that allow                   specified basic models of commercial
                                                                                                       refrigeration equipment that are                      a design characteristic—lack of a defrost
                                               an interested person to seek a waiver                                                                         cycle when operated in freezer mode—
                                               from the test procedure requirements for                required to be tested using the
                                                                                                       commercial refrigeration equipment test               that prevents testing and rating such
                                               a particular basic model when the                                                                             models on a basis representative of their
                                               petitioner’s basic model for which the                  procedure at 10 CFR part 431, subpart
                                                                                                       C, appendix B.3 AHT stated that the                   true energy consumption characteristics.
                                               petition for waiver was submitted                                                                             DOE has reviewed the recommended
                                               contains one or more design                             basic models listed in the petition do
                                                                                                       not have a defrost cycle when operated                procedure suggested by AHT and
                                               characteristics that either (1) prevent                                                                       concludes that it will allow for the
                                               testing according to the prescribed test                in freezer mode, and therefore cannot be
                                                                                                       tested under Appendix B, which                        accurate measurement of the energy use
                                               procedure, or (2) cause the prescribed                                                                        of the equipment, while alleviating the
                                               test procedures to evaluate the basic                   references defrosts for the start of the
                                                                                                                                                             testing problems associated with AHT’s
                                               model in a manner so unrepresentative                   test period and door-opening period.
                                                                                                                                                             implementation of DOE’s applicable
                                               of its true energy consumption                             On June 4, 2018, DOE published a
                                                                                                                                                             commercial refrigeration equipment test
                                               characteristics as to provide materially                notice that announced its receipt of the
                                                                                                                                                             procedure for the specified basic
                                               inaccurate comparative data. 10 CFR                     petition for waiver and granted AHT an
                                                                                                                                                             models. Thus, DOE is requiring that
                                               431.401(a)(1). A petitioner must include                interim waiver. 83 FR 25658. (‘‘Notice of
                                                                                                                                                             AHT test and rate the commercial
                                               in its petition any alternate test                      Petition for Waiver’’). In the Notice of
                                                                                                                                                             freezer basic models for which it has
                                               procedures known to the petitioner to                   Petition for Waiver, DOE presented
                                                                                                                                                             requested a waiver according to the
                                               evaluate the basic model in a manner                    AHT’s claim that its specified basic
                                                                                                                                                             alternate test procedure specified in this
                                               representative of its energy                            models cannot be tested according to
                                                                                                                                                             Decision and Order, which is identical
                                               consumption characteristics. 10 CFR                     Appendix B due to their lack of defrost               to the procedure provided in the interim
                                               431.401(b)(1)(iii).                                     when operated in freezer mode. AHT                    waiver.
                                                  DOE may grant a waiver subject to                    requested an alternate test procedure,                   This Decision and Order is applicable
                                               conditions, including adherence to                      which would test the specified                        only to the basic models listed within it
                                               alternate test procedures. 10 CFR                       commercial freezer basic models                       and does not extend to any other basic
                                               431.401(f)(2). As soon as practicable                   according to appendix B, but with the                 models. DOE evaluates and grants
                                               after the granting of any waiver, DOE                   test period starting after the unit                   waivers for only those basic models
                                               will publish in the Federal Register a                  achieves steady state conditions and the              specifically set out in the petition, not
                                               notice of proposed rulemaking to amend                  door-opening period starting 3 hours                  future models that may be manufactured
                                               its regulations so as to eliminate any                  after the start of the test period.                   by the petitioner. AHT may request that
                                                                                                          As explained in the Notice of Petition             the scope of this waiver be extended to
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                                               need for the continuation of such
                                               waiver. 10 CFR 431.401(l). As soon                      for Waiver, DOE evaluated the alternate               include additional basic models that
                                               thereafter as practicable, DOE will                     test procedure requested by AHT, as                   employ the same technology as those
                                               publish in the Federal Register a final                 well as the operating manual for the                  listed in this waiver. 10 CFR 431.401(g).
                                               rule. Id.                                                 3 AHT’s petition for waiver and petition for
                                                                                                                                                             AHT may also submit another petition
                                                                                                       interim waiver can be found in the regulatory
                                                                                                                                                             for waiver from the test procedure for
                                                 2 For editorial reasons, upon codification in the     docket at https://www.regulations.gov/docket?         additional basic models that employ a
                                               U.S. Code, Part C was redesignated as Part A–1.         D=EERE-2017-BT-WAV-0041.                              different technology and meet the


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                                                                                 Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Notices                                       54583

                                               criteria for test procedure waivers. 10                      2005, Section 3, definitions, which defines           DEPARTMENT OF ENERGY
                                               CFR 431.401(a)(1).                                           steady state as ‘‘the condition where the
                                                  DOE notes that it may modify or                           average temperature of all test simulators            Environmental Management Site-
                                               rescind the waiver at any time upon                          changes less than 0.2 °C (0.4 °F) from one 24-        Specific Advisory Board, Oak Ridge
                                                                                                            hour period or refrigeration cycle to the next’’
                                               DOE’s determination that the factual                         ASHRAE 72–2005, Section 3, definitions).
                                               basis underlying the petition for waiver                                                                           AGENCY: Office of Environmental
                                                                                                            Additionally, the door-opening requirements           Management, Department of Energy.
                                               is incorrect, or upon a determination                        shall be as defined in ASHRAE 72–2005
                                               that the results from the alternate test                     Section 7.2, with the exception that the eight-       ACTION: Notice of open meeting.
                                               procedure are unrepresentative of the                        hour period of door openings shall begin
                                                                                                            three hours after the start of the test. Ambient      SUMMARY:   This notice announces a
                                               basic models’ true energy consumption
                                                                                                            temperature, test simulator temperatures, and         meeting of the Environmental
                                               characteristics. 10 CFR 431.401(k)(1).
                                                                                                            all other data shall be recorded at three-            Management Site-Specific Advisory
                                               Likewise, AHT may request that DOE
                                                                                                            minute intervals beginning at the start of the        Board (EM SSAB), Oak Ridge. The
                                               rescind or modify the waiver if the                          test and throughout the 24-hour testing               Federal Advisory Committee Act
                                               company discovers an error in the                            period.                                               requires that public notice of this
                                               information provided to DOE as part of
                                                                                                              (3) Representations. AHT may not                    meeting be announced in the Federal
                                               its petition, determines that the waiver
                                                                                                            make representations about the energy                 Register.
                                               is no longer needed, or for other
                                               appropriate reasons. 10 CFR                                  use of the basic models identified in                 DATES:  Wednesday, November 14, 2018
                                               431.401(k)(2).                                               paragraph (1) of this Order for                       6:00 p.m.
                                                                                                            compliance, marketing, or other
                                                                                                                                                                  ADDRESSES: DOE Information Center,
                                               III. Order                                                   purposes unless the basic model has
                                                                                                                                                                  Office of Science and Technical
                                                  After careful consideration of all the                    been tested in accordance with the
                                                                                                                                                                  Information, 1 Science.gov Way, Oak
                                               material that was submitted by AHT in                        provisions set forth above and such
                                                                                                                                                                  Ridge, Tennessee 37831.
                                               this matter, it is ordered that:                             representations fairly disclose the
                                                                                                            results of such testing in accordance                 FOR FURTHER INFORMATION CONTACT:
                                                  (1) AHT must, as of the date of
                                               publication of this Order in the Federal                     with 10 CFR part 431, subpart C,                      Melyssa P. Noe, Alternate Deputy
                                               Register, test and rate the following                        appendix B and 10 CFR 429.42, as                      Designated Federal Officer, U.S.
                                               AHT brand commercial freezer basic                           specified in this Order.                              Department of Energy, Oak Ridge Office
                                               models (which do not have defrost cycle                        (4) This waiver shall remain in effect              of Environmental Management (OREM),
                                               capability when operated in freezer                          according to the provisions of 10 CFR                 P.O. Box 2001, EM–942, Oak Ridge, TN
                                               mode) with the alternate test procedure                      431.401.                                              37831. Phone (865) 241–3315; Fax (865)
                                               as set forth in paragraph (2):                                 (5) This waiver is issued on the                    241–6932; Email: Melyssa.Noe@
                                                                                                            condition that the statements,                        orem.doe.gov. Or visit the website at
                                                 Brand name                       Basic model               representations, and documentation                    https://energy.gov/orem/services/
                                                                                                            provided by AHT are valid. If AHT                     community-engagement/oak-ridge-site-
                                               AHT   ..................   IBIZA 100 NAM F                   makes any modifications to the controls               specific-advisory-board.
                                               AHT   ..................   IBIZA 145 NAM F                   or capabilities (e.g., adding automatic               SUPPLEMENTARY INFORMATION:
                                               AHT   ..................   IBIZA 210 NAM F                   defrost to freezer mode) of these basic
                                               AHT   ..................   MALTA 145 NAM F
                                                                                                                                                                    Purpose of the Board: The purpose of
                                               AHT   ..................   MALTA 185 NAM F                   models, the waiver will no longer be                  the Board is to make recommendations
                                               AHT   ..................   MANHATTAN 175 NAM F               valid and AHT will either be required                 to DOE–EM and site management in the
                                               AHT   ..................   MANHATTAN 210 NAM F               to use the current Federal test method                areas of environmental restoration,
                                               AHT   ..................   MIAMI 145 NAM F                   or submit a new application for a test                waste management, and related
                                               AHT   ..................   MIAMI 185 NAM F                   procedure waiver. DOE may revoke or                   activities.
                                               AHT   ..................   MIAMI 210 NAM F                   modify this waiver at any time if it                    Tentative Agenda:
                                               AHT   ..................   MIAMI 250 NAM F
                                               AHT   ..................   PARIS 145 NAM F
                                                                                                            determines the factual basis underlying               • Welcome and Announcements
                                               AHT   ..................   PARIS 185 NAM F
                                                                                                            the petition for waiver is incorrect, or              • Comments from the Deputy
                                               AHT   ..................   PARIS 210 NAM F                   the results from the alternate test                     Designated Federal Officer (DDFO)
                                               AHT   ..................   PARIS 250 NAM F                   procedure are unrepresentative of the                 • Comments from the DOE, Tennessee
                                               AHT   ..................   SYDNEY 175 NAM F                  basic models’ true energy consumption                   Department of Environment and
                                               AHT   ..................   SYDNEY 210 NAM F                  characteristics. 10 CFR 431.401(k)(1).                  Conservation, and Environmental
                                               AHT   ..................   SYDNEY 213 NAM F                  Likewise, AHT may request that DOE                      Protection Agency Liaisons
                                               AHT   ..................   SYDNEY 223 NAM F                  rescind or modify the waiver if AHT                   • Public Comment Period
                                               AHT   ..................   SYDNEY 230 NAM F
                                               AHT   ..................   SYDNEY 250 NAM F
                                                                                                            discovers an error in the information                 • Presentation: Overview of Ongoing
                                               AHT   ..................   SYDNEY XL175 NAM F                provided to DOE as part of its petition,                Efforts to Assure Sufficient Waste
                                               AHT   ..................   SYDNEY XL210 NAM F                determines that the waiver is no longer                 Disposal Capacity
                                               AHT   ..................   SYDNEY XL250 NAM F                needed, or for other appropriate reasons.             • Motions/Approval of October 10,
                                                                                                            10 CFR 431.401(k)(2).                                   2018 Meeting Minutes
                                                 (2) The alternate test procedure for the                     (6) Granting of this waiver does not                • Status of Outstanding
                                               AHT basic models listed in paragraph                         release AHT from the certification                      Recommendations
                                               (1) of this Order is the test procedure for                  requirements set forth at 10 CFR part                 • Alternate DDFO Report
                                               commercial refrigeration equipment                           429.                                                  • Committee Reports
                                               prescribed by DOE at 10 CFR part 431,                                                                              • Adjourn
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                                                                                                              Signed in Washington, DC, on October 16,
                                               subpart C, appendix B, except that the                       2018.                                                   Public Participation: The EM SSAB,
                                               test period shall be selected as detailed                    Kathleen B. Hogan,                                    Oak Ridge, welcomes the attendance of
                                               below. All other requirements of                             Deputy Assistant Secretary for Energy                 the public at its advisory committee
                                               Appendix B and DOE’s regulations                             Efficiency, Energy Efficiency and Renewable           meetings and will make every effort to
                                               remain applicable.                                           Energy                                                accommodate persons with physical
                                                 The test shall begin when steady state                     [FR Doc. 2018–23669 Filed 10–29–18; 8:45 am]          disabilities or special needs. If you
                                               conditions occur (per ASHRAE Standard 72–                    BILLING CODE 6450–01–P                                require special accommodations due to


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Document Created: 2018-10-30 00:43:25
Document Modified: 2018-10-30 00:43:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of decision and order.
DatesThe Decision and Order is effective on October 30, 2018. The Decision and Order will terminate upon the compliance date of any future amendment to the test procedure for commercial refrigeration equipment located at 10 CFR part 431, subpart C, appendix B that
ContactMs. 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. Telephone: (202) 287-1604. Email: [email protected] 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. Email: [email protected]
FR Citation83 FR 54581 

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