Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 8553 

‘‘For compact dishwashers that have 

neither prewash program nor a main 

detergent compartment, determine the 

amount of main wash detergent (in 

grams) to be added directly into the 

dishwasher chamber according to 

section 2.10.2 of this appendix.’’ 

Add the following at the end of 

section 2.1 of Appendix C1: 

‘‘A compact in-sink dishwasher 

combined with a sink doesn’t have a flat 

bottom and must be tested in a 

rectangular enclosure constructed of 

nominal 0.374inch (9.5mm) plywood 

painted black. The enclosure must 

consist of a bottom, a front, a back, and 

two sides, and it shall not have a top. 

We put the in-sink dishwasher into the 

enclosure from the top and mounted it 

to the edges of the enclosure.’’ 

IV. Petition for Interim Waiver 

FOTILE also hereby applies for an 

Interim Waiver of the applicable test 

procedure requirement for its verysmall-capacity, highly compact, 3–IN–1 

in-sink residential dishwasher. The 

models for which the Interim Waiver is 

requested are SD2F–P1X and SD2F– 

P1XL. These models will be marketed in 

commerce under the FOTILE brand 

name. Based on these facts, we feel 

FOTILE meets the criteria for an Interim 

Waiver. Without waiver relief, FOTILE 

would be subject to requirements that 

clearly cannot apply to this product. In 

addition, FOTILE would most likely 

suffer economic hardship and be at a 

competitive disadvantage if it cannot 

gain DOE approval and start to 

distribute in the United States. 

FOTILE’s in-sink dishwasher meets 

consumers’ needs in today’s 

marketplace because it is highly 

compact, easy to install, saves time, and 

eliminates having to bend down while 

loading and unloading dishes. It is also 

an affordable, energy-efficient 

alternative for consumers to choose. In 

FOTILE’s opinion, we feel there is no 

basis to delay this innovative product 

from entering the marketplace. 

V. Conclusion 

FOTILE respectfully requests that 

DOE grant its Petition for Waiver of the 

applicable test procedure and grant its 

Petition for Interim Waiver for the 

specified models. 

FOTILE also submits its test report 

according to the alternate test procedure 

included in the attachment. 

Thank you for your timely attention 

on reviewing this application of petition 

for Waiver and for Interim Waiver. 

Respectfully submitted, 

/s/ 

Guoqing Hu, 

Director of Product Department. 

Ningbo FOTILE Kitchen Ware Co. Ltd 

No.218 Binhai 2nd Road, Hangzhou Bay New 

District, Ningbo, China(315336) 

[FR Doc. 2020–28497 Filed 2–5–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Case Number 2020–013; EERE–2020–BT– 

WAV–0027] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Hercules, a Senneca Holdings 

Company, From the Department of 

Energy Walk-in Cooler and Walk-in 

Freezer Test Procedure and 

Notification of Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of petition for 

waiver and grant of an interim waiver; 

request for comments. 

SUMMARY: This document announces 

receipt of and publishes a petition for 

waiver and interim waiver from 

Hercules, a Senneca Holdings company, 

which seeks a waiver for specified basic 

models of walk-in cooler and walk-in 

freezer doors (‘‘walk-in doors’’) from the 

U.S. Department of Energy (‘‘DOE’’) test 

procedure used for determining the 

energy consumption of walk-in doors. 

This document also provides 

notification of an Interim Waiver Order 

requiring Hercules to test and rate the 

specified walk-in door basic models in 

accordance with the alternate test 

procedure set forth in the Interim 

Waiver Order. DOE solicits comments, 

data, and information concerning the 

petition and its suggested alternate test 

procedure so as to inform DOE’s final 

decision on the waiver request. 

DATES: The Interim Waiver Order is 

effective on February 8, 2021. Written 

comments and information are 

requested and will be accepted on or 

before March 10, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. 

Alternatively, interested persons may 

submit comments, identified by case 

number ‘‘2020–013’’, and Docket 

number ‘‘EERE–2020–BT–WAV–0027,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: Hercules2020WAV0027@

ee.doe.gov. Include Case No. 2020–013 

in the subject line of the message. 

• Postal Mail: Appliance and 

Equipment Standards Program, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Office, Mailstop 

EE–5B, Petition for Waiver Case No. 

2020–013, 1000 Independence Avenue 

SW, Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (‘‘CD’’), in which case it is 

not necessary to include printed copies. 

• Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, 6th floor, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

No telefacsimilies (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

http://www.regulations.gov. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

The docket web page can be found at 

http://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0027. 

The docket web page contains 

instruction on how to access all 

documents, including public comments, 

in the docket. See the SUPPLEMENTARY

INFORMATION section for information on 

how to submit comments through 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. Email: 

AS_Waiver_Request@ee.doe.gov. 

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: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Department of Energy (‘‘DOE’’) is 


jbell on DSKJLSW7X2PROD with RULES
8554 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 

1The petition did not identify any of the 

information contained therein as confidential 

business information. 

2All references to EPCA in this document refer 

to the statute as amended through America’s Water 

Infrastructure Act of 2018, Public Law 115–270 

(Oct. 23, 2018). 

3For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated as Part A–1. 

publishing a petition for waiver from 

Hercules, a Senneca Holdings company, 

(‘‘Hercules’’) in its entirety, pursuant to 

10 CFR 431.401(b)(1)(iv).1 DOE invites 

all interested parties to submit in 

writing by March 10, 2021, comments 

and information on all aspects of the 

petition, including the alternate test 

procedure. Pursuant to 10 CFR 

431.401(d), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is Brendan Batzlaff, Door 

Engineering. Telephone: (507) 934– 

0545. Email: bbatzlaff@

doorengineering.com. 

Submitting comments via http://

www.regulations.gov. The http://

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. If 

this instruction is followed, persons 

viewing comments will see only first 

and last names, organization names, 

correspondence containing comments, 

and any documents submitted with the 

comments. 

Do not submit to http://

www.regulations.gov information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (‘‘CBI’’)). Comments 

submitted through http://

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through http://www.regulations.gov 

before posting. Normally, comments 

will be posted within a few days of 

being submitted. However, if large 

volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that http://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via email, hand 

delivery/courier, or postal mail. 

Comments and documents submitted 

via email, hand delivery/courier, or 

postal mail also will be posted to http:// 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via postal mail or hand delivery/ 

courier, please provide all items on a 

CD, if feasible, in which case it is not 

necessary to submit printed copies. 

Faxes will not be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email, postal mail, or 

hand delivery/courier two well-marked 

copies: one copy of the document 

marked confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

‘‘non-confidential’’ with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

Signing Authority 

This document of the Department of 

Energy was signed on December 28, 

2020, by Daniel R Simmons, Assistant 

Secretary for Energy Efficiency and 

Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on December 

29, 2020. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Case Number 2020–013 

Interim Waiver Order 

I. Background and Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),2 authorizes 

the U.S. Department of Energy (‘‘DOE’’) 

to regulate the energy efficiency of a 

number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part C 3 of EPCA, 

added by the National Energy 

Conservation Policy Act, Public Law 

95–619, sec. 441 (Nov. 9, 1978), 

established the Energy Conservation 

Program for Certain Industrial 

Equipment, which sets forth a variety of 

provisions designed to improve the 

energy efficiency for certain types of 

industrial equipment. This equipment 

includes walk-in coolers and walk-in 


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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 8555 

4A notation in the form ‘‘Hercules, No. 1’’ 

identifies a written submission: (1) Made by 

Hercules; and (2) recorded in document number 1 

that is filed in the docket of this petition for waiver 

(Docket No. EERE–2020–BT–WAV–0027) and 

available for review at http://www.regulations.gov. 

5 Due to the lengthy list of walk-in door basic 

models listed in Hercules’s October 2020 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 http://

www.regulations.gov/docket?D=EERE-2020-BTWAV-0027. 

freezers, the subject of this Interim 

Waiver Order. (42 U.S.C. 6311(1)(G)) 

The energy conservation program 

under EPCA 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 covered 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 the energy efficiency, energy use 

or estimated annual operating cost of 

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 

measuring the energy consumption of 

walk-in cooler and walk-in freezer doors 

(‘‘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 WalkIn 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. See 10 CFR 

431.401(f)(2). A petitioner must include 

in its petition any alternate test 

procedures known to the petitioner to 

evaluate the performance of the 

equipment type in a manner 

representative of the energy 

consumption characteristics of the basic 

model. See 10 CFR 431.401(b)(1)(iii). 

DOE may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures. See 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. See 

10 CFR 431.401(l). As soon thereafter as 

practicable, DOE will publish in the 

Federal Register a final rule to that 

effect. Id. 

The waiver process also provides that 

DOE may grant an interim waiver if it 

appears likely that the underlying 

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. See 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. See 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. See 10 CFR 

431.401(h)(2). 

II. Hercules’s Petition for Waiver and 

Interim Waiver 

By letter dated July 22, 2020, 

Hercules, a Senneca Holdings company, 

(‘‘Hercules’’) filed a petition for waiver 

and interim waiver from the test 

procedure for walk-in doors set forth at 

10 CFR part 431, subpart R, appendix A. 

(Hercules, No. 1; ‘‘July 2020 petition’’) 4

Subsequent to the July 22, 2020 

submission and in response to questions 

from DOE regarding characteristics of 

the specified basic models and 

stipulated values in the suggested 

alternate test procedure, Hercules 

submitted an updated petition for 

waiver and interim waiver on October 

14, 2020, that provided additional and 

updated information. (Hercules, No. 2; 

‘‘October 2020 petition’’) 5

Section 4.5.2 of Appendix A, ‘‘Direct 

Energy Consumption of Electrical 

Components of Non-Display Doors’’, 

establishes percent time off (‘‘PTO’’) 

values that account for the percent of 

time that an electrical device is assumed 

to be off for lighting, anti-sweat heaters, 

and any other electricity-consuming 

devices. The PTO value discounts the 

daily energy consumption of electrical 

components as calculated in section 

4.5.2(b) of Appendix A. Hercules stated 

that the basic models identified in its 

petition use electric door motors for 

vertical and horizontal openings of the 

walk-in doors. The motors described in 

Hercules’s waiver petition are ‘‘other 

electricity consuming devices . . . 

controlled by a preinstalled timer, 

control system or other auto-shut-off 

system’’ under section 4.5.2(a)(3) of 

Appendix A. The DOE test procedure 

specifies using a PTO value of 25 

percent for such devices, thereby 

reflecting an ‘‘on’’ time of 75 percent. 

Hercules stated that operating a door 

motor for 75 percent of the day 

significantly overstates normal motor 

usage on their powered door models. 

(Hercules, No. 2 at p. 1) 

In the July 2020 petition, Hercules 

requested a PTO of 96 percent, based on 

an opening of 120 inches, instead of the 

PTO value of 25 percent specified in 

section 4.5.2(a)(3) of Appendix A for 

electricity-consuming devices other 

than lighting and anti-sweat heaters. 

(Hercules, No. 1 at pp. 2–3) DOE 

requested clarification from Hercules on 

the maximum opening width and height 

for all horizontally and vertically 

opening doors specified in the petition 

for waiver to evaluate the most energy 

consumptive scenarios. 

In the October 2020 petition, Hercules 

provided performance data for three 

door examples: the first two for 

horizontally sliding door basic models 

and the third for vertical lift door basic 

models. (Hercules, No. 2 at pp. 2–3) All 

examples estimated a normal daily use 

of 120 cycles. One cycle is one complete 

opening and one complete closing of a 


jbell on DSKJLSW7X2PROD with RULES
8556 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 

6 DOE did not adopt test procedure provisions 

addressing door opening infiltration, having 

determined that a typical door manufacturer has 

very few direct means for reducing the door 

infiltration on its own. 73 FR 21580, 21595 (Apr. 

15, 2011). 

7See Notice of Decision and Order granting a 

waiver to Jamison Door (Case No. 2017–009; 83 FR 

53460 (Oct. 23, 2018); Notice of Decision and Order 

granting a waiver to HH Technologies (Case No. 

2018–001; 83 FR 53457 (Oct. 23, 2018)); and 

Extension of Waiver to HH Technologies (Case No. 

2018–011; 84 FR 1434 (Feb. 4, 2019)). 

8Available at http://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0027. 

door. The 120-cycle estimate is 

consistent with the value relied on by 

DOE in its evaluation of potential test 

procedure provisions to address door 

opening infiltration in the test 

procedure supplemental notice of 

proposed rulemaking published 

September 9, 2010. 75 FR 55068, 

55085.6

The first example provided by 

Hercules was the Single Slide Electric 

Horizontal Sliding Door, which has a 

maximum opening of 288 inches 

operating at a speed of 10 inches per 

second (‘‘IPS’’) in both directions. 

(Hercules, No. 2 at p. 2) For this 

example, the normal daily use cycle 

estimate and cycle time estimate result 

in a total motor run time of 115.2 

minutes (1.92 hours) per day, leaving 

the door motor out of operation for 

22.08 hours per day, or 92 PTO. Id. 

The second example provided by 

Hercules was the Bi-Parting Electric 

Horizontal Sliding Door, which has a 

maximum opening of 288 inches 

operating at a speed of 10 IPS in both 

directions for each door. Id. Because the 

motor operator controls the movement 

of two doors at once, the cycle time is 

half of what it was for the Single Slide 

Electric Horizontal Sliding Door 

example. This results in an estimated 

total motor run time of 57.6 minutes 

(0.96 hours) per day, leaving the door 

motor out of operation for 23.04 hours 

per day, or 96 PTO. Id. 

The third example provided by 

Hercules was the Electric Vertical Lift 

door, which has a maximum vertical 

opening of 288 inches operating at a 

speed of 12 IPS in both directions. 

(Hercules, No. 2 at p. 3). For this 

example, the normal daily use cycle 

estimate and cycle time estimate result 

in a total run time of 96 minutes (1.6 

hours) per day, leaving the door motor 

out of operation for 22.4 hours per day, 

or 93.3 PTO. 

Based on these calculations, Hercules 

petitioned DOE to apply a PTO value of 

92 percent for the specified basic 

models of their walk-in doors that use 

electric door motors. Id. 

Hercules also requested an interim 

waiver from the existing DOE test 

procedure. DOE will grant an interim 

waiver if it appears likely that the 

petition for waiver will be granted, and/ 

or if DOE determines that it would be 

desirable for public policy reasons to 

grant immediate relief pending a 

determination of the petition for waiver. 

See 10 CFR 431.401(e)(2). 

Based on the assertions in the 

petition, absent an interim waiver, the 

walk-in door basic models with electric 

door motors identified in Hercules’s 

October 2020 petition for a waiver 

cannot be tested and rated for energy 

consumption on a basis representative 

of their actual energy consumption 

characteristics. 

III. Requested Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures when making 

representations about the energy 

consumption and energy consumption 

costs of covered equipment. (42 U.S.C. 

6314(d)) Consistency is important when 

making representations about the energy 

efficiency of covered equipment, 

including when demonstrating 

compliance with applicable DOE energy 

conservation standards. Pursuant to its 

regulations at 10 CFR 430.401, and after 

consideration of public comments on 

the petition, DOE may establish in a 

subsequent Decision and Order an 

alternate test procedure for the basic 

models addressed by the Interim Waiver 

Order. 

Hercules seeks to use an alternate test 

procedure to test and rate specific walkin door basic models. Instead of using 

the PTO value of 25 percent established 

in section 4.5.2(a)(3) of Appendix A for 

electricity-consuming devices other 

than lighting and anti-sweat heaters, 

Hercules requests using the minimum 

calculated PTO value in their petition, 

92 percent, for all of their specified 

models. 

VI. Interim Waiver Order 

DOE has reviewed Hercules’s 

application for an interim waiver, the 

alternate test procedure requested by 

Hercules, and the data provided by 

Hercules in both its original July 2020 

petition and the October 2020 petition, 

along with material on its website. As 

part of DOE’s review, DOE considered 

the potential range of parameters 

affecting door motor operating time, 

including door opening width or height, 

speed of door closing/opening, and 

cycles per day. 

DOE examined the operating 

conditions specified in Hercules’s 

petition and compared them with the 

values mentioned in the product 

literature. Specifically, DOE compared 

the minimum operating speed of the 

motor and maximum length or height of 

the door opening to assess if the most 

energy consumptive scenario was 

captured in the PTO value requested. 

Based on DOE’s review of the 

manufacturer materials, the examples 

provided by Hercules in the October 

2020 petition and the associated 

calculations are the most energy 

consumptive scenarios for the basic 

models specified by Hercules (i.e., the 

single-slide electric horizontal sliding 

door basic models beginning with EHS– 

D, the bi-parting electric horizontal 

sliding door basic models beginning 

with EBP–D, and the electric vertical 

lifting door basic models beginning with 

EVL–D). DOE then validated these 

calculations. 

Based on DOE’s review, Hercules’s 

suggested alternate test procedure that 

applies a PTO value of 92 percent 

appears to allow for the accurate 

measurement of the energy 

consumption of the specified basic 

models, while alleviating the testing 

issues associated with Hercules’s 

implementation of walk-in door testing 

for these basic models. The required use 

of a PTO value of 92 percent is 

consistent with waivers previously 

granted in response to petitions that 

presented the same issue as in 

Hercules’s petition.7 Consequently, DOE 

has determined that Hercules’s petition 

for waiver will likely be granted. 

Furthermore, DOE has determined that 

it is desirable for public policy reasons 

to grant Hercules immediate relief 

pending a determination of the petition 

for waiver. 

For the reasons stated, it is ordered 

that: 

(1) Hercules must test and rate the 

Hercules brand basic models listed in 

Appendix I of its October 14, 2020 

petition as provided in Docket Number 

EERE–2020–BT–WAV–0027 8 with the 

alternate test procedure set forth in 

paragraph (2). 

(2) The alternate test procedure for the 

Hercules basic models identified in 

paragraph (1) of this Interim Waiver 

Order is the test procedure for walk-in 

doors prescribed by DOE at 10 CFR part 

431, subpart R, appendix A, except that 

the percent time off (‘‘PTO’’) value 

specified in section 4.5.2 ‘‘Direct Energy 

Consumption of Electrical Components 

of Non-Display Doors’’ shall be 92 

percent for door motors. All other 

requirements of 10 CFR part 431, 

subpart R, appendix A and DOE’s 

regulations remain applicable. 

(3) Representations. Hercules may not 

make representations about the energy 


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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 8557 

use of a basic model identified in 

paragraph (1) for compliance, 

marketing, or other purposes unless that 

basic model has been tested in 

accordance with the provisions set forth 

above and such representations fairly 

disclose the results of such testing. 

(4) This Interim Waiver Order shall 

remain in effect according to the 

provisions of 10 CFR 431.401. 

(5) This Interim Waiver Order is 

issued on the condition that the door 

performance characteristics, statements, 

representations, test data, and 

documentary materials provided by 

Hercules are valid. If Hercules makes 

any modifications to the controls or 

configurations of a basic model subject 

to this Interim Waiver Order, such 

modifications will render the waiver 

invalid with respect to that basic model, 

and Hercules will either be required to 

use the current Federal test method or 

submit a new application for a test 

procedure waiver. DOE may rescind or 

modify this waiver at any time if it 

determines the factual basis underlying 

the petition for the Interim Waiver 

Order is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic model’s 

true energy consumption characteristics. 

10 CFR 431.401(k)(1). Likewise, 

Hercules may request that DOE rescind 

or modify the Interim Waiver Order if 

Hercules discovers an error in the 

information provided to DOE as part of 

its petition, determines that the interim 

waiver is no longer needed, or for other 

appropriate reasons. 10 CFR 

431.401(k)(2). 

(6) Issuance of this Interim Waiver 

Order does not release Hercules from 

the applicable requirements set forth at 

10 CFR part 429. 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, not future models that may be 

manufactured by the petitioner. 

Hercules may submit a new or amended 

petition for waiver and request for grant 

of interim waiver, as appropriate, for 

additional basic models of walk-in 

doors. Alternatively, if appropriate, 

Hercules may request that DOE extend 

the scope of a waiver or an interim 

waiver to include additional basic 

models employing the same technology 

as the basic model(s) set forth in the 

original petition consistent with 10 CFR 

431.401(g). 

Signed in Washington, DC, on December 

28, 2020. 

Daniel R Simmons, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Hercules 

10/14/2020 

Petition for Hercules for Waiver of Test 

Procedure for Walk in Cooler and 

Freezer Doors 

Hercules, a Senneca Holdings 

company, is petitioning for a Waiver 

and submitting an Application for 

Interim Waiver from the current 

Department of Energy (DOE) code for 

walk in freezer doors per Title 10 

Chapter II Subpart R, General 

Provisions, Section 431.401. 

Hercules began operating in 1952 as 

an insulated walk-in cooler and 

specialty refrigeration equipment 

manufacturer. Today, Hercules is a 

recognized manufacturer of highquality, made-to-order Cold Storage 

door systems. Hercules is mainly 

focused on applications including Blast 

Freezer, Freezer, Cooler, Docks, 

Processing, Ripening Rooms, 

Automotive Test Cells, Research 

Facilities and Distribution Facilities. 

Senneca Holdings Company previously 

sold Hercules products into applications 

greater than 3000 square feet, but 

recently has decided to market Hercules 

products into smaller applications that 

are regulated by DOE. 

I. Basic Models for Which Hercules 

Requests a Waiver 

Hercules requests a waiver and 

interim waiver for the Hercules brand 

basic models set forth in Appendix I. 

Please note that Appendix I uses 

wildcards to represent height and width 

measurements in the individual model 

numbers, as well as whether the 

individual model includes a window. 

Use of the wildcards is necessary as 

Senneca has not yet determined every 

precise height and width combination 

that we will include in a forthcoming 

certification submission. In order to 

ensure DOE has enough information to 

assess what sized doors are covered by 

the waiver request, Senneca has 

identified the final surface area for each 

basic model listed in Appendix I. The 

ultimate size of a door is determined by 

the surface area in the basic model 

number, however no door covered by 

Appendix I has an opening larger than 

288 inches or smaller than 36 inches. 

The exact height and width of 

individual models will be reflected in 

Senneca’s certifications. 

II. Why Hercules Requests a Waiver 

Currently, per the standard at 10 CFR 

431.306, section 4.5.2, the rating of the 

door for insulating values and motor 

power uses a percent time off, or PTO, 

of 25 percent. This would require the 

door motor to operate for 75 percent of 

the day which significantly overstates 

normal motor usage on our basic brands 

of powered door models. 

The first example, listed below, 

discusses two door types within our 

horizontally sliding door model groups 

that normally operate at a total speed of 

10 Inches Per Second (IPS) or greater. 

The second example is for the Hercules 

vertical lift door model that normally 

operates at a total speed of 12 IPS or 

greater. Documentation and support for 

the numbers used below are included in 

Appendix II. While the supporting 

materials in Appendix II refer to and 

cover a broader group of doors than the 

Hercules basic models listed in 

Appendix I, these materials are accurate 

in their description of the components 

of the Hercules basic models listed in 

Appendix I. That is, the supporting 

materials provided cover all Hercules 

basic models listed in Appendix I. 

A. First Example: Hercules Horizontally 

Sliding Door Models 

Hercules Listed Model Groups: 

• EHS–D—Single Slide Electric 

Horizontal Sliding Door 

• EBP–D—Bi-Parting Electric 

Horizontal Sliding Door 

EHS–D doors have one panel that 

must travel the entire width of the 

opening to open or close, while EBP–D 

doors have two panels that each must 

travel one-half the width of the 

opening—from the midpoint of the 

opening—to open or close. As a result, 

although the operator moves both EHS– 

D and EBP–D door panels at the same 

speed, the door cycle for EBP–D doors 

is half that of EHS–D doors. For this 

reason, the PTO values for EHS–D 

versus EBP–D doors are calculated 

separately below. 

The DOE has stated that door 

operation of 120 cycles (operations) per 

day is normal. Hercules uses this cycle 

number as our norm when estimating 

customer usage of sliding model groups 

listed above also and will use this as the 

base for our first PTO example. One 

cycle is defined as one opening and 

closing cycle of a door with a door 

opening of 288 inches operating at a 

constant speed of 10 IPS in both 

opening and closing directions. 

The amount of time that the door is 

in the open and stopped position does 

not add to the calculation as the motor 

is not powered during this time. 

EHS–D—Single-Slide Electric 

Horizontal Sliding Door: 

Door Cycles/Day = 120 

Door Cycle time = 57.6 Sec. 

Total run time/Day (min.) = 115.2 

Total run time/Day (hr.) = 1.92 

Total not running time/Day (hr.) = 22.08 

PTO calculated = .92 


jbell on DSKJLSW7X2PROD with RULES
8558 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 

1This waiver request is limited to the Hercules 

basic models listed in Appendix I. Although 

additional basic models and individual models may 

exist within a model group, those basic models and 

individual models are not power-operated and thus 

are not included in the request. Moreover, the 

Hercules basic models and individual models listed 

in Appendix I reflect new modeling nomenclature, 

updated to more closely align with DOE 

expectations. 

EBP–D—Bi-Parting Electric Horizontal 

Sliding Door: 

Door Cycles/Day = 120 

Door Cycle time = 28.8 Sec. 

Total run time/Day (min.) = 57.6 

Total run time/Day (hr.) = 0.96 

Total not running time/Day (hr.) = 23.04 

PTO calculated = .96 

B. Second Example: Hercules Vertical 

Lift Door Models 

Hercules Listed Model Groups: 

• EVL–D—Electric Vertical Lift 

Our second example covers doors 

within our vertical lift model group. 

Hercules Vertical Lift door basic models 

are operated at a maximum of 120 

cycles (operations) per day, as specified 

by the DOE. One cycle is defined as one 

opening and closing cycle of a door. 

There is a maximum possible door 

travel of 288 inches operating at a 

constant speed of 12 IPS in both 

opening and closing directions. 

The amount of time that the door is 

in the open and stopped position does 

not add to the calculation as the motor 

is not powered during this time. 

Door Cycles/Day = 120 

Door Cycle time = 48 Sec. 

Total run time/Day (min.) = 96 

Total run time/Day (hr.) = 1.6 

Total not running time/Day (hr.) = 22.4 

PTO calculated = .933 

Based on the PTO examples above 

Hercules would request a waiver to use 

a PTO value of 92 percent for the 

Hercules basic models set forth in 

Appendix I.1 The calculation for all 

door models demonstrates a much lower 

motor run time than the standards 

currently assume, which results in a 

much larger energy savings. Hercules is 

requesting this waiver so that we can 

continue to sell power operated doors 

which are more convenient and efficient 

for our customers. These doors 

represent a large part of the WICF 

market, and our business would be 

severely impacted if we could no longer 

make these doors available for our 

customers. 

III. Interim Waiver Request 

Hercules is also requesting an interim 

waiver for the identified Hercules basic 

models and individual models in 

Appendix I. Given the economic 

realities of business, it is imperative that 

the interim waiver be granted so that 

Senneca may ship Hercules doors to be 

used in DOE-regulated environments 

during the pendency of DOE’s review. 

Without a waiver, Hercules would be in 

a position of disadvantage in the 

marketplace for our products. Other 

manufacturers of similar product 

design, such as Jamison Doors, have 

petitioned and previously been granted 

Interim and permanent waivers on the 

same basis. 

IV. Other Manufacturers 

Manufacturers that are known to us of 

other basic models that are distributed 

in the United States and that 

incorporate designs with similar 

characteristics that are subject to this 

petition include: JAMISON DOORS, HH 

TECHNOLOGIES and FRANK DOORS. 

10.14.20 

Brendan Batzlaff|Engineering Manager 

Door Engineering 

101 Power Drive 

Mankato, MN 56001 

P: 800.959.1352|D: 507.934.0545 

bbatzlaff@doorengineering.com 

www.doorengineering.com | 

www.senneca.com 

Appendix I 

For a list of the specific basic models 

for which the test procedure applies see 

the docket at http://

www.regulations.gov/docket?D=EERE2020-BT-WAV-0027-0002. 

Appendix II 

For product literature used to 

calculate percent time off see the docket 

at http://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0027- 

0002. 

[FR Doc. 2020–29100 Filed 2–5–21; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket No. 20–36; FCC 20–156; FRS 

17432] 

Unlicensed White Space Device 

Operations in the Television Bands; 

Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Communications 

Commission (Commission) is correcting 

a final rule that appeared in the Federal 

Register on January 12, 2021. In this 

document, the Commission revised its 

rules to expand the ability of unlicensed 

white space devices to deliver wireless 

broadband services in rural areas and to 

facilitate the development of new and 

innovative narrowband Internet of 

Things (IoT) devices. This correction 

clarifies an amendatory instruction. 

DATES: Effective February 11, 2021. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Hugh Van Tuyl, Office of Engineering 

and Technology, 202–418–7506, 

Hugh.VanTuyl@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

correction clarifies that the 

Commission’s modifications to 

§ 15.712(h)(1) were to the introductory 

text of (h)(1) and not (h)(1) as a whole. 

Correction 

In FR Doc. 20–26706, appearing on 

page 2278 in the Federal Register on 

January 12, 2021, the following 

correction is made: 

§ 15.712 [Corrected] 

■ 1. On page 2293, in the second 

column, instruction number 6 amending 

§ 15.712 is corrected to read as follows: 

■ 6. Amend § 15.712 by: 

■ a. Revising the introductory text and 

paragraphs (a)(2) and (3) and (b)(3)(ii) 

and (iii); 

■ b. Adding paragraph (b)(3)(iv); 

■ c. Revising paragraph (c)(2)(ii); 

■ d. Adding paragraph (c)(2)(iii); and 

■ e. Revising paragraphs (d), (f), and (g); 

(h)(1) introductory text, and (i)(1). 

The revisions and additions read as 

follows: 

Dated: January 27, 2021. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2021–02626 Filed 2–5–21; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 17–59, FCC 18–177; FRS 

17376] 

Advanced Methods To Target and 

Eliminate Unlawful Robocalls 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

compliance date. 

SUMMARY: In this document, the 

Commission announces that compliance 

with the rule for reporting information 

about the most recent date of permanent 


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