Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices 2403 

DEPARTMENT OF ENERGY 

[Case Number 2019–010; EERE–2019–BT– 

WAV–0029] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Air Innovations From the Department 

of Energy Walk-In Coolers and Walk-In 

Freezers 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 Air 

Innovations, which seeks a waiver for 

specified walk-in cooler refrigeration 

system basic models from the U.S. 

Department of Energy (‘‘DOE’’) test 

procedure used to determine the 

efficiency and energy consumption of 

walk-in coolers and walk-in freezers. 

DOE also gives notice of an Interim 

Waiver Order that requires Air 

Innovations to test and rate the specified 

walk-in cooler refrigeration system basic 

models in accordance with the alternate 

test procedure set forth in the Interim 

Waiver Order, which modifies the 

alternate test procedure suggested by 

Air Innovations. DOE solicits 

comments, data, and information 

concerning Air Innovations’ petition, its 

suggested alternate test procedure, and 

the alternate test procedure specified in 

the Interim Waiver Order so as to inform 

DOE’s final decision on Air Innovations’ 

waiver request. 

DATES: The Interim Waiver Order is 

effective on January 12, 2021. Written 

comments and information will be 

accepted on or before February 11, 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 ‘‘2019–010’’, and Docket 

number ‘‘EERE–2019–BT–WAV–0029,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AirInnovations2019WAV0029@

ee.doe.gov. Include Case No. 2019–010 

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, Mail Stop 

EE–5B, Petition for Waiver Case No. 

2019–010, 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 

https://www.regulations.gov/ 

docket?D=EERE-2019-BT-WAV-0029. 

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@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE is 

publishing Air Innovations’ petition for 

waiver, pursuant to 10 CFR 

431.401(b)(1)(iv), absent information for 

which the petitioner requested 

treatment as confidential business 

information. DOE invites all interested 

parties to submit in writing by February 

11, 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: Scott Toukatly, 

SToukatly@airinnovations.com, 2301 

SW 145th Avenue, Miramar, FL 33027. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
2404 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices 

1All 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). 

2For editorial reasons, upon codification in the 

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

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 January 7, 2021, 

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 January 7, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Case Number 2019–010 

Interim Waiver Order 

I. Background and Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),1 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 2 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. Through 

amendments brought about by the 

Energy Independence and Security Act 

of 2007, Public Law 110–140, sec. 312 

(Dec. 19, 2007), this equipment includes 

walk-in coolers and walk-in 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), test procedures (42 U.S.C. 6314), 

labeling provisions (42 U.S.C. 6315), 

energy conservation standards (42 

U.S.C. 6313), and the authority to 

require information and reports from 

manufacturers. (42 U.S.C. 6316) 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered equipment 

must use as the basis for: (1) Certifying 

to DOE that their equipment complies 

with the applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6316(a); 42 U.S.C. 6295(s)), and 

(2) making representations about the 

efficiency of that equipment (42 U.S.C. 

6314(d)). Similarly, DOE must use these 

test procedures to determine whether 

the equipment complies with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6316(a); 42 U.S.C. 6295(s)) 

Under 42 U.S.C. 6314, EPCA sets forth 

the criteria and procedures DOE is 

required to follow when prescribing or 

amending test procedures for covered 

equipment. EPCA requires that any test 

procedures prescribed or amended 

under this section must be reasonably 

designed to produce test results which 

reflect the energy efficiency, energy use 

or estimated annual operating cost of 

covered products and 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 

used to determine the net capacity and 

annual walk-in energy factor (‘‘AWEF’’) 

of walk-in cooler and walk-in freezer 

refrigeration systems is contained in the 

Code of Federal Regulations (‘‘CFR’’) at 

10 CFR part 431, subpart R, appendix C, 

Uniform Test Method for the 

Measurement of Net Capacity and 

AWEF of Walk-in Cooler and Walk-in 

Freezer Refrigeration Systems 

(‘‘Appendix C’’). 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices 2405 

3A notation in the form ‘‘Air Innovations, No. 1’’ 

identifies a written submission: (1) Made by Air 

Innovations; and (2) recorded in document number 

1 that is filed in the docket of this petition for 

waiver (Docket No. EERE–2019–BT–WAV–0029) 

and available at http://www.regulations.gov. 

4The DOE test procedure incorporates by 

reference Air-Conditioning, Heating, and 

Refrigeration Institute (‘‘AHRI’’) Test Standard 

1250–2009, ‘‘Standard for Performance Rating of 

Walk-in Coolers and Freezers’’ (including Errata 

sheet dated December 2015) (‘‘AHRI 1250–2009’’). 

Section 6 of that standard defines walk-in box 

thermal loads as a function of refrigeration system 

net capacity for both high-load and low-load 

periods. The waiver petition asserts that wine 

cellars do not have distinct high and low load 

periods, and that the box load levels in the test 

standard are not representative for wine cellar 

refrigeration systems. 

5https://wineguardian.com/proper-wine-storagetemperature-and-humidity/. 

6 In a waiver granted to Store It Cold for certain 

models of single-package units, DOE acknowledged 

a similar issue in which the additional piping 

necessary to install the required testing components 

would affect performance of the units, rendering the 

results unrepresentative. See 84 FR 39286 (Aug. 9, 

2019). In the case of the waiver granted to Store It 

Cold, the refrigerant enthalpy method yielded 

inaccurate data for the specified basic models 

compared to the basic models’ true performance 

characteristics because of the additional piping 

required to attach the testing components required 

by the refrigerant enthalpy test. The same issues are 

present for the specified basic Thru-the-wall and 

Ducted Self-contained single-package basic models 

included in Air Innovations’ waiver petition. 

equipment type in a manner 

representative of its 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(1). 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. Air Innovations’ Petition for Waiver 

and Application for Interim Waiver 

On September 23, 2019, DOE received 

an email from Air Innovations filing a 

petition for an interim waiver from the 

test procedure for walk-in cooler and 

walk-in freezer refrigeration systems set 

forth at Appendix C (Air Innovations, 

No. 1 at p. 1 3). The waiver process 

under 10 CFR 431.401 requires that a 

petitioner must request a waiver for 

there to be consideration of a petition 

for an interim waiver. Air Innovations 

later confirmed in a May 21, 2020 email 

that the petition should also be 

considered as a petition for waiver (Air 

Innovations, No. 4). 

The primary assertion in the petition, 

absent an interim waiver, is that the 

prescribed test procedure would 

evaluate the specified basic models in a 

manner so unrepresentative of their true 

energy consumption as to provide 

materially inaccurate comparative data. 

As presented in Air Innovations’ 

petition, the specified basic models of 

walk-in cooler refrigeration systems 

operate at a temperature range of 45– 

65 °F; higher than that of a typical walkin cooler refrigeration system. Thus, the 

35 °F temperature specified in the DOE 

test procedure for medium-temperature 

walk-in refrigeration systems would 

result in the prescribed test procedures 

evaluating the specified basic models in 

a manner so unrepresentative of their 

true energy consumption characteristics 

as to provide materially inaccurate 

comparative data. Air Innovations also 

states that the specified basic models are 

‘‘wine cellar cooling systems’’ that 

operate at temperature and relative 

humidity ranges optimized for the longterm storage of wine and are usually 

located in air-conditioned spaces. Air 

Innovations contends that because of 

these characteristics, wine cellar walkin refrigeration systems differ in their 

walk-in box temperature setpoint, walkin box relative humidity, low/high load 

split,4 and compressor efficiency from 

other walk-in cooler refrigeration 

systems. 

Air Innovations states that the 

specified basic models are designed to 

provide a cold environment at a 

temperature range between 45–65 °F 

with 50–70 percent relative humidity 

(‘‘RH’’), and typically are kept at 55 °F 

and 55 percent RH rather than the 35 °F 

and <50 percent RH test condition 

prescribed by the DOE test procedure. 

The website for Air Innovations’ Wine 

Guardian brand stresses the importance 

of temperature control for optimum 

wine storage, and states that the ideal 

temperature range for wine storage is 

55 °F to 57 °F and that the ideal average 

relative humidity is 60 percent.5

Further, Air Innovations states that the 

refrigeration systems are designed solely 

for the purpose of long-term wine 

storage to mimic the temperature and 

humidity of natural caves. Air 

Innovations also asserts that operating a 

wine cellar at the 35 °F condition would 

adversely mechanically alter the 

intended performance of the system, 

which would include icing of the 

evaporator coil that could potentially 

damage the compressor, and would not 

result in an accurate representation of 

the performance of the cooling unit. 

Additionally, the Thru-the-wall 

(TTW009 and TTW018) and Ducted 

Self-contained (D025, D050, D088, and 

D200) basic models of walk-in 

refrigeration systems identified in Air 

Innovations’ waiver petition are singlepackage systems. Although not 

explicitly identified by Air Innovations, 

DOE recognizes that because of their 

single-package design, these basic 

models have insufficient space within 

the units and insufficient lengths of 

liquid line and evaporator outlet line for 

the dual mass flow meters and the dual 

temperature and pressure measurements 

required by the test procedure’s 

refrigerant enthalpy method. AHRI 

1250–2009 does not include specific 

provisions for testing single-package 

systems and testing these basic models 

using the refrigerant enthalpy method as 

required by Appendix C would require 

extensive additional piping to route the 

pipes out of the system where the 

components can be installed, and then 

back in.6 This additional piping would 

impact unit performance, likely be 

inconsistent between test labs, and 

result in unrepresentative test values for 

the unit under test. AHRI has recently 

published a revised version of the test 

standard that provides provisions for 

single-package systems without 

requiring extensive additional piping 

(AHRI 1250–2020, 2020 Standard for 

Performance Rating of Walk-in Coolers 

and Freezers). As discussed below, the 

interim waiver alternative test 

procedure presented for comment in 

this notification adopts the new test 

methods included in AHRI 1250–2020 

for single-package units. 

DOE has received multiple requests 

from wine cellar manufacturers for 

waiver and interim waiver from 

Appendix C. In light of these requests, 


khammond on DSKJM1Z7X2PROD with NOTICES
2406 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices 

7 DOE’s meetings with Air Innovations and other 

wine cellar refrigeration systems were conducted 

consistent with the Department’s ex parte meeting 

guidance (74 FR 52795; October 14, 2009). The 

AHRI August 2020 letter memorializes this 

communication and is provided in Docket No. 

EERE- 2019–BT–WAV–0029–0005. 

8External static pressure is the sum of all the 

pressure resisting the fans, in this case chiefly the 

resistance generated by the air moving through 

ductwork. 

9Air Innovations’ has stated that the maximum 

ESP values included in their updated petition for 

waiver are confidential business information. These 

values have been replaced by ‘‘[ESP REDACTED]’’ 

in the publicly available petition. Further, Air 

Innovations included a maximum ESP for model 

TTW018 in a clarifying email on December 18, 2020 

(Air Innovations, No. 10). This value has also been 

replaced by ‘‘[ESP REDACTED]’’ in the publicly 

available version. 

10A cooler is a cabinet, used with one or more 

doors, that has a source of refrigeration capable of 

operating on single-phase, alternating current and is 

capable of maintaining compartment temperatures 

either: (1) No lower than 39 °F (3.9 °C); or (2) In a 

range that extends no lower than 37 °F (2.8 °C) but 

at least as high as 60 °F (15.6 °C). 10 CFR 430.2. 

11The specified operating conditions vary among 

the models but are generally 57 °F and 55% relative 

humidity cold-side air entering conditions and 

either 75 °F or 80 °F warm-side air entering 

temperature. An example series of specified models 

with capacity information based upon these 

conditions can be found at https://

wineguardian.com/wp-content/uploads/2020/01/ 

Split-System-Datasheet-2020-01-16.pdf. 

DOE met with the AHRI and wine cellar 

walk-in refrigeration system 

manufacturers to develop a consistent 

and representative alternate test 

procedure that would be relevant to 

each waiver request. Ultimately, AHRI 

sent a letter to DOE on August 18, 2020, 

summarizing the industry’s position on 

several issues (‘‘AHRI August 2020 

Letter’’).7 This letter documents 

industry support for specific wine cellar 

walk-in refrigeration system test 

procedure requirements, allowing the 

provisions to apply only to refrigeration 

systems with a minimum operating 

temperature of 45 °F, since wine cellar 

system controls and unit design 

specifications prevent a temperature 

below 45 °F. A provision for testing 

walk-in wine cellar refrigeration 

systems at an external static pressure 

(‘‘ESP’’) 8 of 50 percent of the maximum 

ESP to be specified by manufacturers for 

each basic model (AHRI August 2020 

Letter) is also included. 

Accordingly, Air Innovations 

submitted an updated petition for 

waiver and interim waiver on October 

19, 2020 (Air Innovations, No. 6). The 

updated petition states that all basic 

models listed in the petition for waiver 

and interim waiver cannot be operated 

at a temperature less than 45 °F and 

provides DOE with maximum ESP 

values for specified ducted selfcontained and ducted split system basic 

models.9

Air Innovations requests an interim 

waiver from the existing DOE test 

procedure. DOE will grant an interim 

waiver if it appears likely that the 

petition for waiver will be granted, and/ 

or if DOE determines that it would be 

desirable for public policy reasons to 

grant immediate relief pending a 

determination of the petition for waiver. 

See 10 CFR 431.401(e)(2). 

III. Requested Alternate Test Procedure 

EPCA requires that manufacturers use 

the applicable 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 products and equipment, 

including when demonstrating 

compliance with applicable DOE energy 

conservation standards. Pursuant to its 

regulations at 10 CFR 431.401, 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. 

Air Innovations seeks to use an 

approach that would test and rate 

specific wine cellar walk-in refrigeration 

system basic models. The company’s 

suggested approach specifies using an 

air-return temperature of 55 °F, as 

opposed to the 35 °F requirement 

prescribed in the current DOE test 

procedure. Air Innovations also suggests 

using an air-return relative humidity of 

55 percent RH, as opposed to <50 

percent RH. Additionally, Air 

Innovations requests that a correction 

factor of 0.55 be applied to the final 

AWEF calculation to account for the 

different use and load patterns of the 

specified basic models as compared to 

walk-in cooler refrigeration systems 

generally. Air Innovations cited the use 

of such a correction factor for coolers 10

and combination cooler refrigeration 

products under DOE’s test procedure for 

miscellaneous refrigeration products at 

10 CFR part 430, subpart B, appendix A. 

IV. Interim Waiver Order 

DOE has reviewed Air Innovations’ 

application, its suggested testing 

approach, representations of the 

specified basic models on the website 

for the Wine Guardian brand, related 

product catalogs, and information 

provided by Air Innovations and other 

wine cellar walk-in refrigeration system 

manufacturers in meetings with DOE. 

Based on this review, DOE is granting 

an interim waiver that requires testing 

with a modified version of the testing 

approach suggested by Air Innovations. 

The modified testing approach would 

apply to the models specified in Air 

Innovations’ waiver petition that 

include two categories of WICF 

refrigeration systems, i.e., single 

package and split (matched) systems. 

The Through-the-wall and Ducted Selfcontained Systems are single-package 

systems. The basic models that are 

Through-the-wall systems (basic model 

numbers TTW009 and TTW018) are 

designed for installation through the 

wall of a wine cellar, while the basic 

models that are Ducted Self-contained 

systems (basic model numbers D025, 

D050, D088, D200) are designed to be 

installed remotely from the wine cellar 

and provide cooling by circulating air 

through ducts from the wine cellar to 

the unit and back. The basic models that 

are Ducted Split Systems (basic model 

numbers DS025, DS050, DS088, and 

DS200) and Ductless Split Systems 

(basic model numbers SS018 CS025, 

and CS050) are split (matched) systems, 

in which refrigerant circulates between 

the ‘‘fan coil’’ (unit cooler) portion of 

the unit and the ‘‘condensing unit’’. The 

refrigerant cools the wine cellar air in 

the fan coil, while the condensing unit 

rejects heat from the refrigeration 

system in a remote location, often 

outside. The fan coil of the Ducted Split 

System circulates air through ducts from 

the wine cellar to the fan coil and back 

to provide cooling, while the fan coil of 

the Ductless Split System is installed 

either partially or entirely in the wine 

cellar, allowing direct cooling. The 

capacity range of the specified basic 

models is from 1,130 Btu/h to 15,000 

Btu/h for the specified operating 

conditions for each of the models.11

DOE considers the operating 

temperature range of the specified basic 

models to be integral to its analysis of 

whether such models require a test 

procedure waiver. Grant of the interim 

waiver and its alternative test procedure 

to the specified basic models listed in 

the petition is based upon the 

representation by Air Innovations that 

the operating range for the basic models 

listed in the interim waiver does not 

extend below 45 °F. 

The alternate test procedure specified 

in the Interim Waiver Order requires 

testing the specified basic models 

according to Appendix C with the 

following changes. The required 

alternate test procedure specifies an air 

entering dry-bulb temperature of 55 °F 

and a relative humidity of 55 percent. 

The alternate test procedure also 

specifies that the capacity measurement 

for the specified basic models that are 


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12 Inches of water column (‘‘in. wc’’) is a unit of 

pressure conventionally used for measurement of 

pressure differentials. 

13The duct material, length, diameter, shape, and 

configuration are used to calculate the ESP 

generated in the duct, along with the temperature 

and flow rate of the air passing through the duct. 

The conditions during normal operation that result 

in a maximum ESP are used to calculate the 

reported maximum ESP values, which are 

dependent on individual unit design and represent 

manufacturer-recommended installation and use. 

14Calculations were conducted over an absolute 

roughness range of 1.0–4.6 mm for flexible duct as 

defined in pages 1–2 of an OSTI Journal Article on 

pressure loss in flexible HVAC ducts at https://

www.osti.gov/servlets/purl/836654 (Docket No. 

EERE–2019–BT–WAV–0029) and available at 

http://www.regulations.gov. 

15 Duct lengths and diameters can be found in Air 

Innovations’ installation manuals at http://

www.regulations.gov Docket No. EERE–2019–BT– 

WAV–0029–0008 and Docket No. EERE–2019–BT– 

WAV–0029–0009. 

16This approach is used for testing of furnace 

fans, as described in Section 8.6.1.1 of 10 CFR part 

430, appendix AA to subpart B. 

single-package systems (i.e., the Thruthe-wall and Ducted Self-contained 

systems) be conducted using a primary 

and a secondary capacity measurement 

method as specified in AHRI 1250– 

2020, using two of the following: The 

indoor air enthalpy method; the outdoor 

air enthalpy method; the compressor 

calibration method; the indoor room 

calorimeter method; the outdoor room 

calorimeter method; or the balanced 

ambient room calorimeter method. 

The required alternate test procedure 

also includes the following additional 

modifications to Air Innovations’ 

suggested approach: For systems that 

can be installed with (1) ducted 

evaporator air, (2) with or without 

ducted evaporator air, (3) ducted 

condenser air, or (4) with or without 

ducted condenser air, testing would be 

conducted at 50 percent of the 

maximum ESP, consistent with the 

AHRI August 2020 Letter 

recommendations, subject to a tolerance 

of ¥0.00/+0.05 in. wc.12 DOE 

understands that maximum ESP is 

generally not published in available 

literature such as installation 

instructions, but manufacturers do 

generally specify the size and maximum 

length of ductwork that is acceptable for 

any given unit in such literature. The 

duct specifications determine what ESP 

would be imposed on the unit in field 

operation.13 The provision of allowable 

duct dimensions is more convenient for 

installers than maximum ESP, since it 

relieves the installer from having to 

perform duct pressure drop calculations 

to determine ESP. DOE independently 

calculated the maximum pressure drop 

over a range of common duct roughness 

values 14 using duct lengths and 

diameters published in Air Innovations’ 

installation manuals.15 DOE’s 

calculations show reasonable agreement 

with the maximum ESP values provided 

by Air Innovations for the specified 

basic models. Given that the number 

and degree of duct bends and duct type 

will vary by installation, DOE found the 

maximum ESP values provided by Air 

Innovations to be sufficiently 

representative. 

Selection of a representative ESP 

equal to half the maximum ESP is based 

on the expectation that most 

installations will require less than the 

maximum allowable duct length. In the 

absence of field data, DOE expects that 

a range of duct lengths from the 

minimal length to the maximum 

allowable length would be used; thus, 

DOE believes that half of the maximum 

ESP would be representative of most 

installations. For basic models with 

condenser or evaporator systems that 

are not designed for the ducting of air, 

this design characteristic must be 

clearly stated. 

Additionally, if there are multiple 

condenser or fan-coil (unit cooler) fan 

speed settings, the speed setting used 

would be as instructed in the unit’s 

installation instructions. However, if the 

installation instructions do not specify a 

fan speed setting for ducted installation, 

systems that can be installed with ducts 

would be tested with the highest 

available fan speed. The ESP would be 

set for testing either by symmetrically 

restricting the outlet duct 16 or, if using 

the indoor air enthalpy method, by 

adjusting the airflow measurement 

apparatus blower. 

The alternate test procedure also 

describes the requirements for 

measurement of ESP consistent with 

provisions provided in AHRI 1250–2020 

when using the indoor air enthalpy 

method with unit coolers. 

Additionally, the alternate test 

procedure indicates that specified basic 

models that are split systems must be 

tested as matched pairs. According to 

Air Innovations’ petition, the walk-in 

refrigeration system basic models that 

are split-systems are sold as full systems 

(i.e., matched pairs) rather than as 

individual unit cooler and condensing 

unit components. This Interim Waiver 

Order provides no direction regarding 

refrigerant line connection operating 

conditions, and as such is inapplicable 

to testing the basic models as individual 

components. Consequently, the Interim 

Waiver Order addresses only matchedpair testing of the specified basic 

models that are split-systems. 

DOE notes that, despite the request 

from Air Innovations, it is not including 

a 0.55 correction factor in the alternate 

test procedure required by the Interim 

Waiver Order. The company had 

observed that the test procedure in 

appendix A to subpart B of 10 CFR part 

430 (‘‘Appendix A’’), includes such a 

factor to account for the difference in 

use and loading patterns of coolers (e.g., 

self-contained wine chiller cabinets) as 

compared to other residential 

refrigeration products and sought to 

include a factor as part of its petition. 

Coolers, like other residential 

refrigeration products, are tested in a 

90 °F room without door openings 

(section 2.1.1 of Appendix A). The 

intent of the energy test procedure for 

residential refrigeration products is to 

simulate operation in typical room 

conditions (72 °F) with door openings 

by testing at 90 °F ambient temperature 

without door openings. 10 CFR 

430.23(ff)(7). In section 5.2.1.1 of 

Appendix A, a correction factor of 0.55 

is applied to the measured energy 

consumption of coolers so that 

measuring energy consumption at 90 °F 

ambient temperature without door 

openings provides test results that are 

representative of consumer usage at 

72 °F ambient temperature with door 

openings. Specifically, the 0.55 

correction factor reflects that (1) closeddoor operation of self-contained coolers 

in typical 72 °F room conditions results 

in an average energy consumption 0.46 

times the value measured at the 90 °F 

ambient temperature specified by the 

test procedure; and (2) expected door 

openings of a self-contained wine 

chiller would add an additional 20% 

thermal load. Multiplying 0.46 by 1.2 

results in the overall correction factor of 

0.55. See 81 FR 46768, 46782 (July 18, 

2016) (final rule for miscellaneous 

refrigeration products). 

In contrast, these same closed-door 

conditions on which the miscellaneous 

refrigeration correction factor is based 

are not present in the test procedure for 

walk-in cooler refrigeration systems. 

The WICF test procedure does not 

provide for closed-door testing at 

elevated ambient temperatures as the 

test procedure for residential 

refrigeration products does because 

walk-ins are tested and rated by 

component, with a walk-in refrigeration 

system tested and rated separately from 

a walk-in enclosure (panels and doors). 

See 76 FR 21580. Walk-in refrigeration 

load is set by using a representative 

ratio of box load to capacity (see 

discussion below). As a result, applying 

the 0.55 correction factor as suggested 

by Air Innovations is not appropriate for 

the specified basic models. 

Further, Air Innovations asserted that 

the suggested 0.55 correction factor was 

to address the differences in run time 


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17Basic model TTW009 was initially included in 

Air Innovation’s petition, prior to an email 

submission on December 18, 2020 stating that Air Innovations has decided to discontinue offering 

model TTW009 (Air Innovations, No. 10). 

and compressor inefficiency of the 

specified basic models as compared to 

walk-in cooler refrigeration systems 

more generally. It suggested that the run 

time for wine cellar walk-in 

refrigeration systems ranges from 50 to 

75 percent. AHRI 1250–2009 accounts 

for percent run time in the AWEF 

calculation by setting walk-in box load 

equal to specific fractions of 

refrigeration system net capacity—the 

fractions are defined based on whether 

the refrigeration system is for cooler or 

freezer applications, and whether it is 

designed for indoor or outdoor 

installation (see sections 6.2 (applicable 

to coolers) and 6.3 (applicable to 

freezers) of AHRI 1250–2009). The 

alternate test procedure provided by this 

interim waiver requires calculating 

AWEF based on setting the walk-in box 

load equal to half of the refrigeration 

system net capacity, without variation 

according to high and low load periods 

and without variation with outdoor air 

temperature for outdoor refrigeration 

systems. Setting the walk-in box load 

equal to half the refrigeration system net 

capacity results in a refrigeration system 

run time fraction slightly above 50 

percent, which is in the range suggested 

by Air Innovations as being 

representative for the specified basic 

models. As previously discussed, walkin energy consumption is determined by 

component, with separate test 

procedures for walk-in refrigeration 

systems, doors, and panels. Section 6 of 

AHRI 1250–2009 provides equations for 

determining refrigeration box load as a 

function of refrigeration system 

capacity. Using these equations with an 

assumed load factor of 50 percent 

maintains consistency with Appendix C 

while providing an appropriate load 

fraction for wine cellar refrigeration 

systems. Accordingly, DOE has declined 

to adopt a correction factor for the 

equipment at issue. 

Based on DOE’s review of Air 

Innovations’ petition, the required 

alternate test procedure laid out in the 

Interim Waiver Order appears to allow 

for the accurate measurement of energy 

efficiency of the specified basic models, 

while alleviating the testing issues 

associated with Air Innovations’ 

implementation of wine cellar walk-in 

refrigeration system testing for these 

basic models. Consequently, DOE has 

determined that Air Innovations’ 

petition for waiver will likely be 

granted. Furthermore, DOE has 

determined that it is desirable for public 

policy reasons to grant Air Innovations 

immediate relief pending a 

determination of the petition for waiver. 

For the reasons stated, it is Ordered 

that: 

(1) Air Innovations must test and rate 

the following Air Innovations-branded 

wine cellar walk-in refrigeration system 

basic models 17 with the alternate test 

procedure set forth in paragraph (2). 

Through-the-wall Ducted 

self-contained 

Ducted 

split system 

Ductless 

split system 

TTW018 ....................................................................................................................................... D025 

D050 

D088 

D0200 

DS025 

DS050 

DS088 

DS200 

SS018 

CS025 

CS050 

(2) The alternate test procedure for the 

Air Innovations basic models identified 

in paragraph (1) of this Interim Waiver 

Order is the test procedure for Walk-in 

Cooler Refrigeration Systems prescribed 

by DOE at 10 CFR part 431, subpart R, 

appendix C (‘‘Appendix C to Subpart 

R’’), except as detailed below. All other 

requirements of Appendix C to Subpart 

R, and DOE’s regulations remain 

applicable. 

In Appendix C to Subpart R, revise 

section 3.1.1 (which specifies 

modifications to AHRI 1250–2009 

(incorporated by reference; see 

§ 431.303)) to read: 

3.1.1. In Table 1, Instrumentation 

Accuracy, refrigerant temperature 

measurements shall have an accuracy of 

±0.5 °F for unit cooler in/out. 

Measurements used to determine 

temperature or water vapor content of 

the air (i.e., wet bulb or dew point) shall 

be accurate to within ±0.25 °F; all other 

temperature measurements shall be 

accurate to within ±1.0 °F. 

In Appendix C to Subpart R, revise 

section 3.1.4 (which specifies 

modifications to AHRI 1250–2009) and 

add modifications of AHRI 1250–2009 

Tables 3 and 4 to read: 

3.1.4. In Tables 3 and 4 of AHRI 

1250–2009, Section 5, the Condenser 

Air Entering Wet-Bulb Temperature 

requirement applies only to singlepackaged dedicated systems. Tables 3 

and 4 shall be modified to read: 

TABLE 3—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING

UNIT LOCATED INDOOR

Test description 

Unit cooler 

air entering 

dry-bulb, 

°F 

Unit cooler 

air entering 

relative 

humidity, 

% 1

Condenser 

air entering 

dry-bulb, 

°F 

Maximum 

condenser 

air entering 

wet-bulb, 

°F 

Compressor 

status Test objective 

Evaporator Fan Power ......... 55 55 ........................ ........................ ...................... Measure fan input wattage.2

Refrigeration Capacity ......... 55 55 90 3 65 Compressor 

On.

Determine Net Refrigeration 

Capacity of Unit Cooler, 

input power, and EER at 

Rating Condition. 

1The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for 

relative humidity is 3%. 2 Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the evaporator fan. 


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3 Maximum allowable value for Single-Packaged Systems that do not use evaporative Dedicated Condensing Units, where all or part of the 

equipment is located in the outdoor room. 

TABLE 4—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING

UNIT LOCATED OUTDOOR

Test description 

Unit cooler 

air entering 

dry-bulb, 

°F 

Unit cooler 

air entering 

relative 

humidity, 

% 1

Condenser 

air entering 

dry-bulb, 

°F 

Maximum 

condenser air 

entering wetbulb, 

°F 

Compressor 

status Test objective 

Evaporator Fan Power ......... 55 55 ........................ ........................ ...................... Measure fan input wattage.2

Refrigeration Capacity A ...... 55 55 95 3 68 Compressor 

On.

Determine Net Refrigeration 

Capacity of Unit Cooler, 

input power, and EER at 

Rating Condition. 

Refrigeration Capacity B ...... 55 55 59 3 46 Compressor 

On.

Determine Net Refrigeration 

Capacity of Unit Cooler 

and system input power 

at moderate condition. 

Refrigeration Capacity C ..... 55 55 35 3 29 Compressor 

On.

Determine Net Refrigeration 

Capacity of Unit Cooler 

and system input power 

at cold condition. 

1The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for 

relative humidity is 3%. 2 Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the evaporator fan. 3 Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part 

of the equipment is located in the outdoor room. 

In Appendix C to Subpart R, 

following section 3.2.5 (instructions 

regarding modifications to AHRI 1250– 

2009), add sections 3.2.6 and 3.2.7 to 

read: 

3.2.6. The purpose in section C1 of 

appendix C is modified by extending it 

to include Single-Packaged Dedicated 

Systems. 

3.2.7. For general test conditions and 

data recording (appendix C, section C7), 

the test acceptance criteria in Table 2 

and the data to be recorded in Table C2 

apply to the Dual Instrumentation and 

Calibrated Box methods of test. 

In Appendix C to Subpart R, revise 

section 3.3 to read: 

3.3. Matched systems, singlepackaged dedicated systems, and unit 

coolers tested alone: Test any split 

system wine cellar walk-in refrigeration 

system as a matched pair. Any 

condensing unit or unit cooler 

component must be matched with a 

corresponding counterpart for testing. 

Use the test method in AHRI 1250–2009 

(incorporated by reference; see 

§ 431.303), appendix C as the method of 

test for matched refrigeration systems, 

single-packaged dedicated systems, or 

unit coolers tested alone, with the 

following modifications: 

* * * * * 

In Appendix C to Subpart R, revise 

sections 3.3.3 through 3.3.3.2 to read: 

3.3.3. Evaporator fan power. 

3.3.3.1. The unit cooler fan power 

consumption shall be measured in 

accordance with the requirements in 

Section C3.5 of AHRI 1250–2009. This 

measurement shall be made with the fan 

operating at full speed, either measuring 

unit cooler or total system power input 

upon the completion of the steady state 

test when the compressors and 

condenser fan of the walk-in system is 

turned off, or by submetered 

measurement of the evaporator fan 

power during the steady state test. 

Section C3.5 of AHRI 1250–2009 is 

revised to read: 

Unit Cooler Fan Power Measurement. 

The following shall be measured and 

recorded during a fan power test. 

EFcomp,on Total electrical power input 

to fan motor(s) of Unit Cooler, W 

FS Fan speed (s), rpm 

N Number of motors 

Pb Barometric pressure, in. Hg 

Tdb Dry-bulb temperature of air at 

inlet, °F 

Twb Wet-bulb temperature of air at 

inlet, °F 

V Voltage of each phase, V 

For a given motor winding 

configuration, the total power input 

shall be measured at the highest 

nameplated voltage. For three-phase 

power, voltage imbalance shall be no 

more than 2%. 

3.3.3.2. Evaporator fan power for the 

off cycle is equal to the on-cycle 

evaporator fan power with a run time of 

ten percent of the off-cycle time. 

EFcomp,of f = 0.1 × EFcomp,on

In Appendix C to Subpart R, 

following section 3.3.7.2, add new 

sections 3.3.8, 3.3.9, and 3.3.10 to read: 

3.3.8. Measure power and capacity of 

single-packaged dedicated systems as 

described in sections C4.1.2 and C9 of 

AHRI 1250–2020. The third and fourth 

sentences of Section C9.1.1.1 of AHRI 

1250–2020 (‘‘Entering air is to be 

sufficiently dry as to not produce frost 

on the Unit Cooler coil. Therefore, only 

sensible capacity measured by dry bulb 

change shall be used to calculate 

capacity.’’) shall not apply. 

3.3.9. For systems with ducted 

evaporator air, or that can be installed 

with or without ducted evaporator air: 

Connect ductwork on both the inlet and 

outlet connections and determine 

external static pressure as described in 

ASHRAE 37–2009, sections 6.4 and 6.5. 

Use pressure measurement 

instrumentation as described in 

ASHRAE 37–2009 section 5.3.2. Test at 

the fan speed specified in manufacturer 

installation instructions—if there is 

more than one fan speed setting and the 

installation instructions do not specify 

which speed to use, test at the highest 

speed. Conduct tests with the external 

static pressure equal to 50 percent of the 

maximum external static pressure 

allowed by the manufacturer for system 

installation within a tolerance of ¥0.00/ 

+0.05 in. wc. If testing with the indoor 

air enthalpy method, adjust the airflow 

measurement apparatus fan to set the 

external static pressure—otherwise, set 

the external static pressure by 

symmetrically restricting the outlet of 

the test duct. In case of conflict, these 

requirements for setting evaporator 


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airflow take precedence over airflow 

values specified in manufacturer 

installation instructions or product 

literature. 

3.3.10. For systems with ducted 

condenser air, or that can be installed 

with or without ducted condenser air: 

Connect ductwork on both the inlet and 

outlet connections and determine 

external static pressure as described in 

ASHRAE 37–2009, sections 6.4 and 6.5. 

Use pressure measurement 

instrumentation as described in 

ASHRAE 37–2009 section 5.3.2. Test at 

the fan speed specified in manufacturer 

installation instructions—if there is 

more than one fan speed setting and the 

installation instructions do not specify 

which speed to use, test at the highest 

speed. Conduct tests with the external 

static pressure equal to 50 percent of the 

maximum external static pressure 

allowed by the manufacturer for system 

installation within a tolerance of ¥0.00/ 

+0.05 in. wc. If testing with the outdoor 

enthalpy method, adjust the airflow 

measurement apparatus fan to set the 

external static pressure—otherwise, set 

the external static pressure by 

symmetrically restricting the outlet of 

the test duct. In case of conflict, these 

requirements for setting condenser 

airflow take precedence over airflow 

values specified in manufacturer 

installation instructions or product 

literature. If testing using the outdoor air 

enthalpy method, the requirements of 

section 8.6 of ASHRAE 37–2009 are not 

applicable. 

In Appendix C to Subpart R, revise 

section 3.3.6 (which specifies 

modifications to AHRI 1250–2009) to 

read: 

3.3.6. AWEF is calculated on the basis 

that walk-in box load is equal to half of 

the system net capacity, without 

variation according to high and low load 

periods and without variation with 

outdoor air temperature for outdoor 

refrigeration systems, and the test must 

be done as a matched or single-package 

refrigeration system, as follows: 

For Indoor Condensing Units: 

BILLING CODE 6450–01–P 

For Outdoor Condensing Units: 

BILLING CODE 6450–01–C 

(3) Representations. Air Innovations 

may not make representations about the 

efficiency of a basic model listed in 

paragraph (1) of this Interim Waiver 

Order 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 shall remain 

in effect according to the provisions of 

10 CFR 430.401. 

(5) This Interim Waiver Order is 

issued on the condition that the 

statements and representations provided 

by Air Innovations are valid. If Air 

Innovations makes any modifications to 

the controls or configurations of a basic 

model subject to this Interim Waiver 


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Order, such modifications will render 

the waiver invalid with respect to that 

basic model, and Air Innovations 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 a basic model’s 

true energy consumption characteristics. 

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

Innovations may request that DOE 

rescind or modify the Interim Waiver 

Order if Air Innovations 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 Air Innovations 

from the certification requirements set 

forth at 10 CFR part 429. 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, not future models that may be 

manufactured by the petitioner. Air 

Innovations 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 Cooler Refrigeration Systems. 

Alternatively, if appropriate, Air 

Innovations 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 January 7, 

2021. 

Daniel R Simmons, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Application for Waiver and Interim 

Waiver 

Air Innovations (Wine Guardian 

Brand) is requesting for a Waiver and 

Interim Waiver from a DOE test 

procedure pursuant to provisions 

described in 10 CFR 431.401 for the 

following products on the grounds that 

‘‘either the basic model contains one or 

more design characteristics that prevent 

testing of the basic model according to 

the prescribed test procedures or 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.’’ 

We ask that you refer to each of these 

website links to see our products, and 

their applications 

https://wineguardian.com/https://

wineguardian.com/wine-cellarcooling-units/ 

https://wineguardian.com/wine-cellarcooling-units/through-the-wall/ 

https://wineguardian.com/wine-cellarcooling-units/ducted-wine-cellarcooling-systems/ 

https://wineguardian.com/wine-cellarcooling-units/split-system/ 

The design characteristics 

constituting the grounds for the Waiver 

and Interim Waiver Application: 

AHRI 1250–2009 is silent on the 

definition of single packaged and 

matched pair refrigeration systems, 

however, as seen in Section 3.12 of the 

public comment version of soon to be 

published revision of AHRI 1250, these 

type of products are defined as follows: 

3.12 Refrigeration System. The 

mechanism (including all controls and 

other components integral to the 

system’s operation) used to create the 

refrigerated environment in the interior 

of a walk-in cooler or walk-in freezer, 

consisting of: A Dedicated Condensing 

Unit; or A Unit Cooler. 

3.12.1 Matched Refrigeration System 

(Matched-pair). A combination of a 

Dedicated Condensing Unit and one or 

more Unit Coolers specified by the 

Dedicated Condensing Unit 

manufacturer which are all distributed 

in commerce together. Single-Packaged 

Dedicated Systems are a subset of 

Matched Refrigeration Systems. 

3.12.2 Single-packaged Refrigeration 

System (Single-packaged). A Matched 

Refrigeration System that is a Singlepackaged assembly that includes one or 

more compressors, a condenser, a 

means for forced circulation of 

refrigerated air, and elements by which 

heat is transferred from air to 

refrigerant, without any element 

external to the system imposing 

resistance to flow of the refrigerated air. 

SELF-CONTAINED COOLING 

SYSTEMS FOR WALK-IN WINE 

CELLARS (refer to single-packaged 

walk-in cooler refrigeration systems in 

AHRI 1250) 

* All basic models listed in our 

petition for Waiver and Interim Waiver 

cannot be operated at a temperature 

less than 45F. 

• Self-contained cooling systems are 

designed to provide cold environment 

between 45∼65 °F and maintain relative 

humidity within the range of 50∼70% 

for properly insulated and sized wine 

cellars. 

• These temperature and relative 

humidity ranges are optimized for long 

term storage of wine like that in natural 

caves. 

• These cooling systems are all-in-one 

ready for use and no more refrigerant 

piping is required in the field. 

• These cooling systems are factorybuilt, critically charged and tested, and 

only require through-the-wall 

installation on walk-in wine cellars in 

the field. 

• These systems are available as 

indoor or outdoor uses with automatic 

off-cycle air defrost. 

• Wine cellars are usually located in 

air-conditioned spaces. 

SPLIT COOLING SYSTEMS FOR 

WALK-IN WINE CELLARS (refer to 

matched-pair walk-in cooler 

refrigeration systems in AHRI 1250) 

* All basic models listed in our 

petition for Waiver and Interim Waiver 

cannot be operated at a temperature 

less than 45F. 

• Split cooling systems are designed 

to provide cold environment between 

45∼65 °F and maintain relative humidity 

range within 50∼70% for properly 

insulated wine cellars. 

• These temperature and relative 

humidity ranges are optimized for long 

term storage of wine like that in natural 

caves. 

• These cooling systems consist of a 

remote condensing unit and an 

evaporator unit, which are connected by 

a liquid line and an insulated suction 

line. 

• These systems must be charged 

properly with refrigerant in the field. 

• These systems are available as 

indoor or outdoor uses with automatic 

off-cycle air defrost. 

• Wine cellars are usually located in 

air-conditioned spaces. 

• As opposed to utilize large 

compressors, large surface area coils, 

multiple fans, and large volumes of 

refrigerant, these systems employ 

fractional compressors and automatic 

expansion valves to maintain 50∼70% 

relative humidity. 

DOE uniform test method for the 

measurement of energy consumption of 

walk-in coolers and walk-in freezers 

(WICF) described in 10 CFR 431.304 

adopts the test standard set forth in 

AHRI 1250–2009. Both 10 CFR 431 and 

AHRI 1250 define WICF products as 

‘‘. . . an enclosed storage space 

refrigerated to temperatures, 

respectively, above, and at or below 32 

degrees Fahrenheit that can be walked 

into, and has a total chilled storage area 

of less than 3,000 square feet. . .’’ 

Walk-in wine cellar cooling systems 

meet this definition. Therefore, WICF 

products are subject to the test method 

and minimum energy requirements as 

described in 10 CFR 431.401. 


khammond on DSKJM1Z7X2PROD with NOTICES
2412 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices 

AHRI 1250 specifies that for walk-in 

coolers, the refrigeration system is to be 

rated at a cooler air-return temperature 

of 35 °F (box setpoint) than is typically 

seen in a wine cellar application. 

Operating a wine cellar at this condition 

would adversely mechanically alter the 

intended performance of the system 

including icing of the evaporator coil, 

potential damage to the compressor, and 

will not result in an accurate 

representation of the performance of the 

cooling unit. Wine cellars generally are 

kept at 55 °F, with 55% relative 

humidity. 

The calculation of the Annual Walkin Energy Factor (AWEF) found in AHRI 

1250 accounts for typical usage of WICF 

products with high and low load 

periods. Wine cellars see a constant 

load, no highs or lows, that does not 

resemble the use patterns that are 

representative of typical WICF products. 

Therefore, the AWEF calculation 

described in 10 CFR 431.304 and AHRI 

1250 does not match the applications of 

wine cellar cooling systems. 

The compressors used in wine cellar 

cooling systems are predominately 

fractional horsepower, which are 

inherently less efficient than larger 

compressors used in walk-in cooler 

refrigeration systems. Therefore, we do 

not believe there is technology on the 

market that will provide the needed 

energy efficiency in wine cellar cooling 

systems to meet the minimum AWEF 

value for commercial walk-in cooler 

refrigeration systems set forth in 10 CFR 

431.306. 

The prescribed test procedure is 

unrepresentative of the products true 

energy characteristics. 

One or more design characteristics 

that prevent testing of the basic model 

according to the prescribed test 

procedures or cause the prescribed test 

procedures to evaluate the basic model 

in a manner so unrepresentative of its 

true energy or water consumption 

characteristics as to provide materially 

inaccurate comparative data. 

Basic Models on which the Waiver 

and Interim Waiver is being requested: 

Thru-The-Wall (free blow/non-ducted): 

TTW009, TTW018 

Ducted self-contained: D025, [ESP 

REDACTED] 

D050, [ESP REDACTED] 

D088, [ESP REDACTED] 

D200, [ESP REDACTED] 

Ducted Split System: DS025, [ESP 

REDACTED] 

DS050, [ESP REDACTED] 

DS088, [ESP REDACTED] 

DS200, [ESP REDACTED] 

Ductless Split System: SS018, CS025, 

CS050 

Specific Requirements sought to be 

waived 

Petitioning for a Waiver and Interim 

Waiver to exempt wine cellar walk-in 

cooler systems from being tested to the 

current test procedures, specifically the 

requirement for the refrigeration system 

to be rated at an air-return temperature 

of 35 °F. 

The petition also includes a 

correction factor of 0.55 to be applied to 

final AWEF calculations for wine cellar 

products to allow the unit to pass 

minimum efficiency as delineated by 10 

CFR 431 subpart R. There is precedent 

for wine cooling products receiving a 

correction factor of 0.55 from Appendix 

A to Subpart B of 10 CFR 430 and DOE 

Direct Final Rule EERE–2011–BT–STD– 

0043–0122. 

List of manufacturers of all other 

basic models marketing in the United 

States and known to the petitioner to 

incorporate similar design 

characteristics— 

(a) Air Innovations 

(b) Bacchus 

(c) BreezAire 

(d) CellarPro 

(e) Vinotemp 

(f) WhisperKool 

Proposed alternate test procedure: 

AHRI 1250 test procedure will be 

followed, but with the following 

modifications: 

1. Temperature of the air returning to 

the walk-in cooling unit shall be 55 °F. 

2. Relative humidity of the air 

returning to the walk-in cooling unit 

shall be 55%RH. 

3. The AWEF calculations shall 

include a correction factor of 0.55 to 

inflate the final AWEF value for winerelated products to meet minimum 

efficiency standards. 

Technical Justifications for the 

alternate test procedure: 

As discussed previous, the technical 

justifications summarized for our 

products are as follows: 

• Wine cellar environment is most 

typically at 55F/55%RH, so the return 

air to cooling unit is not consistent with 

what is prescribed in AHRl1250 

presently. 

• The component technology, 

specifically fractional HP compressors 

(reciprocating) are not being optimized 

for efficiency in the models our product 

sector dictate. 

• Without the .55 correction factor, 

there is not a means to pass the 

minimum AWEF efficiency rating for 

these products. As noted earlier, there is 

a precedent set for applying this 

correction factor. 

• Pending EPA SNAP regulations yet 

to be determined on effect for meeting 

minimum AWEF, as the refrigerant 

choices for lower GWP and model 

options available from component 

manufacturers (compressors, valves, 

heat exchangers, etc.) may limit ability 

further to comply with present 

requirements. 

Success of the application for Interim 

Waiver will: 

Success of the application for Interim 

Waiver will ensure that manufacturers 

of walk-in wine cellar cooling systems 

can continue to participate in the 

market. 

What economic hardship and/or 

competitive disadvantage is likely to 

result absent a favorable determination 

on the Application for Interim Waiver: 

Economic hardship will be loss of 

sales due to not meeting the DOE energy 

conservation standards set forth in 10 

CFR 431.306 if the existing products 

were altered in order to test per current 

requirements set forth in 10 CFR 

431.304 and AHRI 1250, it would add 

significant cost and increase energy 

consumption. 

Conclusion: 

Air Innovations (Wine Guardian 

Brand) seeks an Interim Waiver from 

DOE’s current test method for the 

measurement of energy consumption of 

walk-in wine cellar Self-contained and 

Split cooling systems. 

Respectfully submitted 

/s/ 

Scott R. Toukatly, 

Director of Engineering Air Innovations 

(Wine Guardian brand). 

[FR Doc. 2021–00393 Filed 1–11–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. EL21–38–000] 

City of Springfield, Illinois, City Water, 

Light and Power; Notice of Filing 

Take notice that on December 31, 

2020, The City of Springfield, Illinois, 

City Water, Light and Power (CWLP), 

filed its proposed rate schedule, which 

specified CWLP’s cost-based revenue 

requirements for Reactive Supply and 

Voltage Control from Generation or 

other Sources Service supplied by 

CWLP generating units, pursuant to the 

Open Access Transmission and Energy 

Markets Tariff of the Midwest 

Independent Transmission System 

Operator, Inc, along with supporting 

testimony and data. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 


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