Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 11961 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214). Each 

comment or motion to intervene should 

be filed with DOE on or before the date 

listed above. 

Comments and other filings 

concerning this application should be 

clearly marked with OE Docket No. PP– 

481–1. Additional copies are to be 

provided directly to Mr. Donald 

Jessome, Chief Executive Officer, 

Transmission Developers Inc., Pieter 

Schuyler Building, 600 Broadway, 

Albany, New York 12207–2283, 

donald.jessome@

transmissiondevelopers.com and Jay 

Ryan, Baker Botts LLP, 700 K Street 

NW, Washington, DC 20001, jay.ryan@

bakerbotts.com. 

Before a Presidential permit may be 

issued or amended, DOE must 

determine that the proposed action is in 

the public interest. In making that 

determination, DOE will consider the 

environmental impacts of the proposed 

action (i.e., granting the Presidential 

permit or amendment, with any 

conditions and limitations, or denying 

the permit), determine the proposed 

project’s impact on electric reliability by 

ascertaining whether the proposed 

project would adversely affect the 

operation of the U.S. electric power 

supply system under normal and 

contingency conditions, and weigh any 

other factors that DOE may also 

consider relevant to the public interest. 

DOE also must obtain the favorable 

recommendation of the Secretary of 

State and the Secretary of Defense 

before taking final action on a 

Presidential permit application. 

This application may be reviewed or 

downloaded electronically at http://

energy.gov/oe/services/electricitypolicy-coordination-andimplementation/internationalelectricity-regulatio-2. Upon reaching 

the home page, select ‘‘Pending 

Applications.’’ 

Signed in Washington, DC, on February 23, 

2021. 

Christopher Lawrence, 

Management and Program Analyst, Energy 

Resilience Division, Office of Electricity. 

[FR Doc. 2021–04078 Filed 2–26–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2019–011; EERE–2019–BT– 

WAV–0038] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Vinotheque 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 

Vinotheque Wine Cellars DBA 

WhisperKOOL Corp. DBA CellarCool 

(‘‘Vinotheque’’), 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 Vinotheque 

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 

Vinotheque. DOE solicits comments, 

data, and information concerning 

Vinotheque’s 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 Vinotheque’s 

waiver request. 

DATES: The Interim Waiver Order is 

effective on March 1, 2021. Written 

comments and information will be 

accepted on or before March 31, 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 ‘‘2019–011’’, and Docket 

number ‘‘EERE–2019–BT–WAV–0038,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

WhisperKOOL2019WAV0038@

ee.doe.gov. Include Case No. 2019–011 

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. 

2019–011, 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-0038. 

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 Vinotheque’s petition for 

waiver in its entirety appendix 1 to this 

document, pursuant to 10 CFR 

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

which the petitioner requested 

treatment as confidential business 

11962 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020). 

2For editorial reasons, upon codification in the 

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

information. DOE invites all interested 

parties to submit in writing by March 

31, 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: Christian Bromme, 

cbromme@vinotheque.com, 1738 East 

Alpine Avenue, Stockton, CA 95205. 

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). 

Case Number 2019–011 

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 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 11963 

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

identifies a written submission: (1) Made by 

Vinotheque; and (2) recorded in document number 

1 that is filed in the docket of this petition for 

waiver (Docket No. EERE–2019–BT–WAV–0038) 

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. 

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 

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. Vinotheque’s Petition for Waiver and 

Application for Interim Waiver 

DOE received correspondence, 

docketed on December 2, 2019, from 

Vinotheque seeking an interim waiver 

from the test procedure for walk-in 

cooler and walk-in freezer refrigeration 

systems set forth at Appendix C 

(Vinotheque, No. 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. 

Vinotheque later confirmed in a May 26, 

2020 email that its petition should also 

be considered as a petition for waiver 

(Vinotheque, No. 4). Vinotheque later 

submitted an updated petition, docketed 

on December 11, 2020, providing 

maximum external static pressure 

(‘‘ESP’’) values for specified basic 

models and clarifying that the specified 

basic models cannot operate below 45 °F 

(Vinotheque, No. 6). Due to two 

discrepancies in Vinotheque’s petition 

for waiver (the ‘‘Platinum 4000 Ducted’’ 

model is listed in the basic model list 

but is not listed in the table containing 

ESP values; the ‘‘SL2500’’ model is 

listed in the basic model list, but only 

appears as ‘‘SL’’ in the table containing 

ESP values), Vinotheque provided a 

maximum ESP for the ‘‘Platinum 4000 

Ducted’’, and confirmed the model 

number and maximum ESP for 

‘‘SL2500’’ (Vinotheque, No. 9). 

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 Vinotheque’s 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 walk-in 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. Vinotheque 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. 

Vinotheque 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. 

Vinotheque 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. Vinotheque states that 

these temperature and RH conditions 

are optimized for the purpose of longterm wine storage to mimic the 

temperature and humidity of natural 

caves. Vinotheque 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 basic models of 

walk-in refrigeration systems— 

identified in Vinotheque’s waiver 

petition by the heading in the basic 

models list as ‘‘Single-Packaged’’—are 

single-package systems. Although not 

11964 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 

5 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 Single-Packaged basic 

models included in Vinotheque’s waiver petition. 

6 DOE’s meetings with Vinotheque 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–0038–0005. 

7External 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. 

8 Vinotheque has stated that the maximum ESP 

values included in its updated petition for waiver 

are confidential business information. These values 

have been redacted from the publicly-available 

petition and email correspondence. 

9A 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. 

explicitly identified by Vinotheque, 

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.5 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 published 

a revised version of the test standard 

that provides provisions for singlepackage 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, 

DOE met with both AHRI and the 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’’).6 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 these walk-ins 

from reaching a temperature below 

45 °F. A provision for testing walk-in 

wine cellar refrigeration systems at an 

external static pressure (‘‘ESP’’) 7 of 50 

percent of the maximum ESP to be 

specified by manufacturers for each 

basic model (‘‘AHRI August 2020 

Letter’’) is also included. 

Vinotheque’s updated petition, 

docketed on December 11, 2020, states 

that all basic models listed in the 

petition for waiver and interim waiver 

have a minimum operating temperature 

of 45 °F and provides maximum ESP 

values for specified ducted singlepackaged and ducted matched-pair 

basic models.8 (Vinotheque, No. 6) 

Vinotheque 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. 

Vinotheque 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. Vinotheque 

also suggests using an air-return relative 

humidity of 55 percent RH, as opposed 

to <50 percent RH. Additionally, 

Vinotheque 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. Vinotheque cited the use of 

such a correction factor for coolers 9 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 Vinotheque’s 

application, its suggested testing 

approach, representations of the 

specified basic models on the website 

for the WhisperKOOL and CellarCool 

brands, related product catalogs, and 

information provided by Vinotheque 

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 Vinotheque. 

The modified testing approach would 

apply to the models specified in 

Vinotheque’s waiver petition that 

include two categories of WICF 

refrigeration systems, i.e., singlepackaged and matched-pair (split) 

systems. The systems that are singlepackage are identified by a ‘‘SinglePackaged’’ heading in the waiver 

petition. All of the single-package basic 

models are capable of some ducting; 

those that are specifically identified in 

their basic model name as ‘‘fully 

ducted’’ are designed to be ducted on 

both the evaporator and condenser 

sides. This enables the option of 

installing the unit cooler remotely by 

circulating air through ducts from the 

wine cellar to the unit cooler and back, 

and from the condenser to the outside 

(or another conditioned space). The 

single-package basic models that are not 

identified in their basic model name as 

‘‘fully ducted’’ are designed for 

installation through the wall or ceiling 

of the wine cellar, with optional ducting 

connecting the condenser side of the 

unit to the outside or another 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 11965 

10The specified operating conditions are 55 °F 

cold-side air entering conditions and 85 °F warmside air entering temperature. WhisperKOOL and 

CellarCool specification sheets and installation 

manuals do not specify a cold side relative 

humidity. An example series of specified models 

with capacity information based upon these 

conditions can be found in the Vinotheque owner’s 

manual at the associated docket number. 

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

pressure conventionally used for measurement of 

pressure differentials. 

12The 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. 

13Calculations 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–0038–0008) and available at 

http://www.regulations.gov. 

14A representative example of duct lengths and 

diameters can be found in the Vinotheque owner’s 

manual at the associated docket number. 

15This 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. 

conditioned space. The basic models 

that are identified by the ‘‘MatchedPair’’ heading in the waiver petition are 

matched-pair (split) systems, in which 

refrigerant circulates between the 

‘‘evaporator unit’’ (unit cooler) portion 

of the unit and the ‘‘condensing unit.’’ 

The refrigerant cools the wine cellar air 

in the evaporator unit, while the 

condensing unit rejects heat from the 

refrigeration system in a remote 

location, often outside. The evaporator 

unit of the ‘‘Fully Ducted’’ (Platinum 

4000 Fully Ducted, Platinum 8000 Fully 

Ducted, and Platinum Twin Fully 

Ducted) matched-pair system basic 

models circulates air through ducts from 

the wine cellar to the evaporator unit 

and back to provide cooling, while the 

evaporator unit of the remaining 

matched-pair systems is installed either 

partially or entirely in the wine cellar, 

allowing direct cooling. The capacity 

range of the specified basic models is 

from 1,453 Btu/h to 12,530 Btu/h at the 

specified operating conditions for each 

of the models (Vinotheque, No. 7).10

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 Vinotheque for the specified basic 

models listed in the petition is based 

upon Vinotheque’s representation 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 

single-package systems (identified by 

the ‘‘Single-Packaged’’ heading in the 

basic models list) 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 Vinotheque’s 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.11 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.12 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 13 using duct lengths and 

diameters published in Vinotheque’s 

installation manuals (Vinotheque, No. 

7).14 DOE’s calculations show 

reasonable agreement with the 

maximum ESP values provided by 

Vinotheque 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 

Vinotheque 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 

condensing or evaporator units that are 

not designed for the ducting of air, this 

design characteristic must be clearly 

stated. 

Additionally, if there are multiple 

condenser or evaporator unit 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 15 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. 

According to Vinotheque’s petition, 

the specified walk-in refrigeration 

system basic models that are matchedpair systems are sold as full systems 

(i.e., split systems) 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 Vinotheque, it is not including a 

0.55 correction factor in the alternate 

test procedure required by the Interim 

Waiver Order. In its petition for waiver, 

Vinotheque 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., single-packaged 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 

11966 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 

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 single-packaged 

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 single-packaged 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 Vinotheque is not appropriate for the 

specified basic models. 

While not specifically addressed in 

the request for waiver submitted by 

Vinotheque, waivers submitted by other 

manufacturers have suggested that the 

0.55 correction factor also addresses the 

differences in run time and compressor 

inefficiency of wine cellar refrigeration 

systems as compared to walk-in cooler 

refrigeration systems more generally and 

have 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. 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 

Vinotheque’s 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 Vinotheque’s 

implementation of wine cellar walk-in 

refrigeration system testing for these 

basic models. Consequently, DOE has 

determined that Vinotheque’s petition 

for waiver will likely be granted. 

Furthermore, DOE has determined that 

it is desirable for public policy reasons 

to grant Vinotheque immediate relief 

pending a determination of the petition 

for waiver. 

For the reasons stated, it is ordered 

that: 

(1) Vinotheque must test and rate the 

following single-packaged and matchedpair WhisperKOOL- and CellarCoolbranded wine cellar walk-in 

refrigeration system basic models with 

the alternate test procedure set forth in 

paragraph (2). 

Basic model Brand name 

Single-Packaged 

SC Pro 2000 ............................. WhisperKOOL. 

SC Pro 3000 ............................. WhisperKOOL. 

SC Pro 4000 ............................. WhisperKOOL. 

Basic model Brand name 

SC Pro 8000 ............................. WhisperKOOL. 

Extreme 3500 ti ........................ WhisperKOOL. 

Extreme 5000 ti ........................ WhisperKOOL 

Extreme 8000 ti ........................ WhisperKOOL. 

Extreme 3500 tiR ..................... WhisperKOOL. 

Extreme 5000 tiR ..................... WhisperKOOL. 

Extreme 8000 tiR ..................... WhisperKOOL. 

Extreme 3500 tiR Fully Ducted WhisperKOOL. 

Extreme 5000 tiR Fully Ducted WhisperKOOL. 

Extreme 8000 tiR Fully Ducted WhisperKOOL. 

Phantom 3500 .......................... WhisperKOOL. 

Phantom 5000 .......................... WhisperKOOL. 

Phantom 8000 .......................... WhisperKOOL. 

Slimline LS ............................... WhisperKOOL. 

Optimum 2200 .......................... CellarCool. 

Optimum 3300 .......................... CellarCool. 

Optimum 4400 .......................... CellarCool. 

Optimum 8800 .......................... CellarCool. 

CX2200 ..................................... CellarCool. 

CX3300 ..................................... CellarCool 

CX4400 ..................................... CellarCool. 

CX8800 ..................................... CellarCool. 

SL2500 ..................................... CellarCool. 

Ultimate 3300 ........................... CellarCool. 

Ultimate 4400 ........................... CellarCool. 

Ultimate 8800 ........................... CellarCool. 

Ultimate 3300–R ....................... CellarCool 

Ultimate 4400–R ....................... CellarCool. 

Ultimate 8800–R ....................... CellarCool. 

Ultimate FD 3300 ..................... CellarCool. 

Ultimate FD 4400 ..................... CellarCool. 

Ultimate FD 8800 ..................... CellarCool. 

Ultimate PLUS Fully Ducted 

3300.

CellarCool. 

Ultimate PLUS Fully Ducted 

4400.

CellarCool. 

Ultimate PLUS Fully Ducted 

8800.

CellarCool. 

Matched-Pair 

Platinum Mini ............................ WhisperKOOL. 

Platinum 4000 .......................... WhisperKOOL. 

Platinum 8000 .......................... WhisperKOOL. 

Platinum Twin ........................... WhisperKOOL. 

Platinum 4000 Fully Ducted ..... WhisperKOOL. 

Platinum 8000 Fully Ducted ..... WhisperKOOL. 

Platinum Twin Fully Ducted ..... WhisperKOOL. 

Platinum 4000 Ducted .............. WhisperKOOL. 

Platinum 8000 Ducted .............. WhisperKOOL. 

Platinum Twin Ducted .............. WhisperKOOL. 

Ceiling Mount Mini .................... WhisperKOOL. 

Ceiling Mount 4000 .................. WhisperKOOL. 

Ceiling Mount 8000 .................. WhisperKOOL. 

Ceiling Mount Twin ................... WhisperKOOL. 

Quantum 9000 .......................... WhisperKOOL. 

Quantum 12000 ........................ WhisperKOOL. 

Magnum 9000 .......................... CellarCool. 

Magnum 12000 ........................ CellarCool. 

CM2500–S ................................ CellarCool. 

CM3500–S ................................ CellarCool. 

CM5000–S ................................ CellarCool. 

CM9000 Twin Split ................... CellarCool. 

WM2500–S ............................... CellarCool. 

WM3500–S ............................... CellarCool. 

WM5000–S ............................... CellarCool. 

WM9000 Twin-S ....................... CellarCool. 

FD3500–S ................................ CellarCool. 

FD5000–S ................................ CellarCool. 

FD9000 Twin-S ........................ CellarCool. 

(2) The alternate test procedure for the 

Vinotheque 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. 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 11967 

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. 

Notes: 

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 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 drybulb, 

°F 

Unit cooler 

air entering 

relative 

humidity, 

% 1

Condenser air 

entering drybulb, 

°F 

Maximum 

condenser air 

entering 

wet-bulb, °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. 

Notes: 

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. 

11968 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 

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,off = 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 

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: 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 11969 

(3) Representations. Vinotheque 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 431.401. 

(5) This Interim Waiver Order is 

issued on the condition that the 

statements and representations provided 

by Vinotheque are valid. If Vinotheque 

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 Vinotheque 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, 

Vinotheque may request that DOE 

rescind or modify the Interim Waiver 

Order if Vinotheque 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 Vinotheque 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. 

Vinotheque 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, 

Vinotheque 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). 

Signing Authority 

This document of the Department of 

Energy was signed on February 23, 

2021, by Kelly Speakes-Backman, 

Principal Deputy Assistant Secretary 

and Acting Assistant Secretary for 

Energy Efficiency and Renewable 

Energy, pursuant to delegated authority 

from the Acting 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 


EN01MR21.012</GPH>
11970 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 

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 February 24, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Appendix 1 

Petition for Waiver and Interim Waiver 

Vinotheque Wine Cellars DBA 

WhisperKOOL Corp. DBA CellarCool is 

requesting for 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.’’ 

[Product images provided with petition may 

be found at Docket No. EERE–2019–BT– 

WAV–0038–0006 and at http://

www.regulations.gov] 

The Design Characteristics Constituting the 

Grounds for the 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 types 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. SinglePackaged 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 WalkIn Cooler Refrigeration Systems in AHRI 

1250) 

• 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 factory-built, 

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 airconditioned spaces. 

Split Cooling Systems for Walk–In Wine 

Cellars (Refer to Matched-Pair Walk-In Cooler 

Refrigeration Systems in AHRI 1250) 

• 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 airconditioned 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 walkin 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 part 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. 

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 Walk-in 

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 Interim Waiver 

is being requested: All models listed cannot 

operate at box temperature below 45 0F. Due 

to controller set point limitations, the 

operating range is set from 70 0F to 50 0F. 

Basic model Brand name 

Single-Packaged 

SC Pro 2000 ............................. WhisperKOOL. 

SC Pro 3000 ............................. WhisperKOOL. 

SC Pro 4000 ............................. WhisperKOOL. 

SC Pro 8000 ............................. WhisperKOOL. 

Extreme 3500 ti ........................ WhisperKOOL. 

Extreme 5000 ti ........................ WhisperKOOL. 

Extreme 8000 ti ........................ WhisperKOOL. 

Extreme 3500 tiR ..................... WhisperKOOL. 

Extreme 5000 tiR ..................... WhisperKOOL. 

Extreme 8000 tiR ..................... WhisperKOOL. 

Extreme 3500 tiR Fully Ducted WhisperKOOL. 

Extreme 5000 tiR Fully Ducted WhisperKOOL. 

Extreme 8000 tiR Fully Ducted WhisperKOOL. 

Phantom 3500 .......................... WhisperKOOL. 

Phantom 5000 .......................... WhisperKOOL. 

Phantom 8000 .......................... WhisperKOOL. 

Slimline LS ............................... WhisperKOOL. 

Optimum 2200 .......................... CellarCool. 

Optimum 3300 .......................... CellarCool. 

Optimum 4400 .......................... CellarCool. 

Optimum 8800 .......................... CellarCool. 

CX2200 ..................................... CellarCool. 

CX3300 ..................................... CellarCool. 

CX4400 ..................................... CellarCool. 

CX8800 ..................................... CellarCool. 

SL2500 16 .................................. CellarCool. 

Ultimate 3300 ........................... CellarCool. 

Ultimate 4400 ........................... CellarCool. 

Ultimate 8800 ........................... CellarCool. 

Ultimate 3300–R ....................... CellarCool. 

Ultimate 4400–R ....................... CellarCool. 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 11971 

16As indicated in Vinotheque’s email (EERE– 

2019–BT–WAV–0038–0009), in the SinglePackaged table in the ‘‘Maximum External Static 

Pressure (ESP) for Each Basic Model’’ section of the 

petition, the ‘‘SL’’ basic model is the same as the 

‘‘SL2500 basic model listed here. 

17As indicated in Vinotheque’s email (EERE– 

2019–BT–WAV–0038–0009), the ‘‘Platinum 4000 

Ducted’’ basic model is not included in the 

Matched-Pair table in the ‘‘Maximum External 

Static Pressure (ESP) for Each Basic Model’’ section 

of the petition, but it is a ducted unit that has an 

external static pressure identified by Vinotheque in 

the email, and redacted accordingly. 

Basic model Brand name 

Ultimate 8800–R ....................... CellarCool. 

Ultimate FD 3300 ..................... CellarCool. 

Ultimate FD 4400 ..................... CellarCool. 

Ultimate FD 8800 ..................... CellarCool. 

Ultimate PLUS Fully Ducted 

3300.

CellarCool. 

Ultimate PLUS Fully Ducted 

4400.

CellarCool. 

Ultimate PLUS Fully Ducted 

8800.

CellarCool. 

Matched-Pair 

Platinum Mini ............................ WhisperKOOL. 

Platinum 4000 .......................... WhisperKOOL. 

Platinum 8000 .......................... WhisperKOOL. 

Platinum Twin ........................... WhisperKOOL. 

Platinum 4000 Fully Ducted ..... WhisperKOOL. 

Platinum 8000 Fully Ducted ..... WhisperKOOL. 

Platinum Twin Fully Ducted ..... WhisperKOOL. 

Platinum 4000 Ducted .............. WhisperKOOL. 

Platinum 8000 Ducted .............. WhisperKOOL. 

Platinum Twin Ducted .............. WhisperKOOL. 

Ceiling Mount Mini .................... WhisperKOOL. 

Ceiling Mount 4000 .................. WhisperKOOL. 

Ceiling Mount 8000 .................. WhisperKOOL. 

Ceiling Mount Twin ................... WhisperKOOL. 

Quantum 9000 .......................... WhisperKOOL. 

Quantum 12000 ........................ WhisperKOOL. 

Magnum 9000 .......................... CellarCool. 

Magnum 12000 ........................ CellarCool. 

CM2500–S ................................ CellarCool. 

CM3500–S ................................ CellarCool. 

CM5000–S ................................ CellarCool. 

CM9000 Twin Split ................... CellarCool. 

WM2500–S ............................... CellarCool. 

WM3500–S ............................... CellarCool. 

WM5000–S ............................... CellarCool. 

WM9000 Twin-S ....................... CellarCool. 

FD3500–S ................................ CellarCool. 

FD5000–S ................................ CellarCool. 

FD9000 Twin-S ........................ CellarCool. 

MAXIMUM EXTERNAL STATIC PRESSURE (ESP) FOR EACH BASIC

MODEL

Basic model Brand name ESP 

(in H2O) 

Single-Packaged 

SC Pro 2000 ............ WhisperKOOL ... ................

SC Pro 3000 ............ WhisperKOOL ... ................

SC Pro 4000 ............ WhisperKOOL ... ................

SC Pro 8000 ............ WhisperKOOL ... ................

Extreme 3500 ti ........ WhisperKOOL ... ................

Extreme 5000 ti ........ WhisperKOOL ... ................

Extreme 8000 ti ........ WhisperKOOL ... ................

Extreme 3500 tiR ..... WhisperKOOL ... ................

Extreme 5000 tiR ..... WhisperKOOL ... ................

Extreme 8000 tiR ..... WhisperKOOL ... ................

Extreme 3500 tiR 

Fully Ducted.

WhisperKOOL ... ................

Extreme 5000 tiR 

Fully Ducted.

WhisperKOOL ... ................

Extreme 8000 tiR 

Fully Ducted.

WhisperKOOL ... ................

Phantom 3500 .......... WhisperKOOL ... ................

Phantom 5000 .......... WhisperKOOL ... ................

Phantom 8000 .......... WhisperKOOL ... ................

Slimline LS ............... WhisperKOOL ... ................

Optimum Series 

2200.

CellarCool ......... ................

Optimum 3300 ......... CellarCool ......... ................

Optimum 4400 ......... CellarCool ......... ................

Optimum 8800 ......... CellarCool ......... ................

CX2200 .................... CellarCool ......... ................

CX3300 .................... CellarCool ......... ................

CX4400 .................... CellarCool ......... ................

CX8800 .................... CellarCool ......... ................

SL ............................. CellarCool ......... ................

MAXIMUM EXTERNAL STATIC PRESSURE (ESP) FOR EACH BASIC

MODEL—Continued 

Basic model Brand name ESP 

(in H2O) 

Ultimate 3300 ........... CellarCool ......... ................

Ultimate 4400 ........... CellarCool ......... ................

Ultimate 8800 ........... CellarCool ......... ................

Ultimate 3300–R ...... CellarCool ......... ................

Ultimate 4400–R ...... CellarCool ......... ................

Ultimate 8800–R ...... CellarCool ......... ................

Ultimate FD 3300 ..... CellarCool ......... ................

Ultimate FD 4400 ..... CellarCool ......... ................

Ultimate FD 8800 ..... CellarCool ......... ................

Ultimate PLUS Fully 

Ducted 3300.

CellarCool ......... ................

Ultimate PLUS Fully 

Ducted 4400.

CellarCool ......... ................

Ultimate PLUS Fully 

Ducted 8800.

CellarCool ......... ................

Matched-Pair 17

Platinum Mini ........... WhisperKOOL ... ................

Platinum 4000 .......... WhisperKOOL ... ................

Platinum 8000 .......... WhisperKOOL ... ................

Platinum Twin .......... WhisperKOOL ... ................

Platinum 4000 Fully 

Ducted.

WhisperKOOL ... ................

Platinum 8000 Fully 

Ducted.

WhisperKOOL ... ................

Platinum Twin Fully 

Ducted.

WhisperKOOL ... ................

Platinum 8000 

Ducted.

WhisperKOOL ... ................

Platinum Twin 

Ducted.

WhisperKOOL ... ................

Ceiling Mount Mini ... WhisperKOOL ... ................

Ceiling Mount 4000 .. WhisperKOOL ... ................

Ceiling Mount 8000 .. WhisperKOOL ... ................

Ceiling Mount Twin .. WhisperKOOL ... ................

Quantum 9000 ......... WhisperKOOL ... ................

Quantum 12000 ....... WhisperKOOL ... ................

Magnum 9000 .......... CellarCool ......... ................

Magnum 12000 ........ CellarCool ......... ................

CM2500–S ............... CellarCool ......... ................

CM3500–S ............... CellarCool ......... ................

CM5000–S ............... CellarCool ......... ................

CM9000 Twin Split-S CellarCool ......... ................

WM2500–S .............. CellarCool ......... ................

WM3500–S .............. CellarCool ......... ................

WM5000–S .............. CellarCool ......... ................

WM9000 Twin-S ...... CellarCool ......... ................

FD3500–S ................ CellarCool ......... ................

FD5000–S ................ CellarCool ......... ................

FD9000 Twin-S ........ CellarCool ......... ................

Specific Requirements Sought To Be Waived 

Petitioning for a 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 airreturn 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— 

11. Vinotheque 

21. Bacchus 

31. BreezAire 

41. CellarPro 

51. Vinotemp 

61. WhisperKool 

71. Emerson-Copeland (Stand alone 

condensing units for split systems) 

81. Danfoss (Stand alone condensing units 

for split systems) 

91. Tecumseh (Stand alone condensing units 

for split systems) 

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 wine-related products to 

meet minimum efficiency standards. 

Technical Justifications for the Alternate 

Test Procedure 

1. The request to change box setpoint from 

35 °F to 55 °F is since this is the optimal 

temperature for wine to be aged. 

WhisperKOOL designs cooling units to meet 

this condition and operating at a lower box 

setpoint would result in adverse conditions 

in the unit. For example, at such a low return 

temperature, WhisperKOOL evaporator coils 

will ice over. This would then require 

additional energy to be expended to operate 

a defrost system or would result in adverse 

air flow through the coil during performance 

testing—leading to lower overall 

performance. 

2. The same as above can be said with 

regards to the request to change the box 

humidity setpoint to 55%RH. This condition 

is ideal for helping wine to age as it 

maintains cork moisture and prevents 

damage to labels on the bottles, leading to 

damaged investments. Since WhisperKOOL 

cooling units are designed to age fine wines 

as ideally as possible, the unit will perform 

best during a performance test at the 

conditions which the unit attempts to 

maintain for the end-user. 

3. Furthermore, WhisperKOOL is 

requesting a 0.55 correction factor to be 

applied to all cooling units in order to meet 

minimum energy efficiency requirements. In 

addition to there being precedent for a 

correction factor like this, WhisperKOOL is 

unable to achieve the required energy 

efficiency for a few reasons, most being 

related to the availability of technology and 

nuances specific to the wine cellar cooling 

industry. 

11972 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices 

1The petition did not identify any of the 

information contained therein as confidential 

business information. 

a. First and foremost, due to the size of a 

refrigeration system designed for a wine 

cellar, WhisperKOOL uses fractionalhorsepower reciprocating compressors, 

which are fundamentally more limited in 

space and design, and are inherently less 

efficient than larger compressors. For 

example, WhisperKOOL’s most-sold cooling 

unit uses an Embraco-brand compressor 

which, at wine cellar conditions has an EER 

of about 9.85 BTU/Wh. At the same 

conditions, by comparison, a more-modern 

scroll compressor rated at 1.8 HP has an EER 

closer to 11 BTU/Wh. This is the case across 

the board with WhisperKOOL fractionalhorsepower compressors (Embraco brand). 

b. Additionally, some installs are difficult 

and require the use of a duct-able unit. This 

leads to the need for higher-wattage fans 

being used in WhisperKOOL products, 

further to the detriment of the overall energy 

efficiency. 

c. Some of the most efficient modern 

compressors which operate in the fractionalhorsepower range use R290 as the refrigerant 

(Propane). However, an R290 charging station 

retrofit would be excessively invasive to 

WhisperKOOL’s facility as well as too costly 

to redesign all products in such a manner. 

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 

WhisperKOOL seeks an Interim Waiver 

from DOE’s current test method for the 

measurement of energy consumption of walkin wine cellar Self-contained and Split 

cooling systems. 

Signed By:/s/ MChristian Bromme 

Date: 12/1/2020 

Title: Engineering Manager 

[FR Doc. 2021–04112 Filed 2–26–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2019–009; EERE–2019–BT– 

WAV–0028] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

CellarPro 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 

CellarPro, 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 CellarPro 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 

CellarPro. DOE solicits comments, data, 

and information concerning CellarPro’s 

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 CellarPro’s waiver 

request. 

DATES: The Interim Waiver Order is 

effective on March 1, 2021. Written 

comments and information will be 

accepted on or before March 31, 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 ‘‘2019–009’’, and Docket 

number ‘‘EERE–2019–BT–WAV–0028,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: CellarPro2019WAV0028@

ee.doe.gov. Include Case No. 2019–009 

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. 

2019–009, 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-0028. 

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 CellarPro’s petition for 

waiver in its entirety in appendix 1 to 

this document, pursuant to 10 CFR 

431.401(b)(1)(iv).1 DOE invites all 

interested parties to submit in writing 

by March 31, 2021, comments and