[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Notices]
[Pages 12433-12440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04357]


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DEPARTMENT OF ENERGY

[Case Number 2020-014; EERE-2020-BT-WAV-0028]


Energy Conservation Program: Notification of Petition for Waiver 
of KeepRite Refrigeration From the Department of Energy Walk-In Coolers 
and Walk-In Freezers Test Procedure and Notice 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.

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SUMMARY: This document announces receipt of and publishes a petition 
for waiver and interim waiver from KeepRite Refrigeration 
(``KeepRite''), which seeks a waiver for specified carbon dioxide 
(``CO<INF>2</INF>'') direct expansion unit cooler basic models from the 
U.S. Department of Energy (``DOE'') test procedure used to determine 
the efficiency of walk-in cooler and walk-in freezer refrigeration 
systems. DOE also gives notice of an Interim Waiver Order that requires 
KeepRite to test and rate the specified CO<INF>2</INF> direct expansion 
unit cooler basic models in accordance with the alternate test 
procedure set forth in the Interim Waiver Order. DOE solicits comments, 
data, and information concerning KeepRite's petition and its suggested 
alternate test procedure so as to inform DOE's final decision on 
KeepRite's waiver request.

DATES: The Interim Waiver Order is effective on March 3, 2021. Written 
comments and information will be accepted on or before April 2, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov.

[[Page 12434]]

Alternatively, interested persons may submit comments, identified by 
case number ``2020-014'', and Docket number ``EERE-2020-BT-WAV-0028,'' 
by any of the following methods:
    <bullet<ls-thn-eq> Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet<ls-thn-eq> Email: <a href="/cdn-cgi/l/email-protection#f8b39d9d88aa918c9dafb1bbbecac8cac8afb9aec8c8cac0b89d9dd69c979dd69f978e"><span class="__cf_email__" data-cfemail="d19ab4b4a183b8a5b486989297e3e1e3e1869087e1e1e3e991b4b4ffb5beb4ffb6bea7">[email protected]</span></a>. 
Include Case No. 2020-014 in the subject line of the message.
    <bullet<ls-thn-eq> 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. 2020-014, 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.
    <bullet<ls-thn-eq> Hand Delivery/Courier: Appliance and Equipment 
Standards Program, U.S. Department of Energy, Building Technologies 
Office, 950 L'Enfant Plaza SW, 6th floor, Washington, DC 20024. 
Telephone: (202) 287-1445. If possible, please submit all items on a 
CD, in which case it is not necessary to include printed copies.
    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at http://www.regulations.gov. All documents in the docket are 
listed in the http://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.
    The docket web page can be found at http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-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, Mail Stop EE-5B, 1000 Independence Avenue SW, 
Washington, DC 20585-0121. Email: <a href="/cdn-cgi/l/email-protection#a2e3f1fdf5c3cbd4c7d0fdf0c7d3d7c7d1d6e2c7c78cc6cdc78cc5cdd4"><span class="__cf_email__" data-cfemail="9cddcfc3cbfdf5eaf9eec3cef9ede9f9efe8dcf9f9b2f8f3f9b2fbf3ea">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#2e63474d464f4b420065474a416e465f004a414b00494158"><span class="__cf_email__" data-cfemail="65280c060d0400094b2e0c010a250d144b010a004b020a13">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE is publishing KeepRite'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 April 2, 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 Vince Zolli, <a href="/cdn-cgi/l/email-protection#aadcd0c5c6c6c3eac18796cb8ac2d8cfcc97" http: rp.com">rp.com</a>">vzolli@k-rp.com</a>, 159 Roy Blvd., 
Brantford, ON N3R 7K1, Canada.
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    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
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    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

[[Page 12435]]

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 2020-014

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment (42 U.S.C. 6291-6317). Title III, Part C \3\ of 
EPCA (42 U.S.C. 6311-6316, as codified), 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 cooler and walk-in freezer 
(collectively, ``walk-in'') refrigeration systems, the focus of this 
document (42 U.S.C. 6311(1)(G)).
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    \2\ All 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).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6311), energy 
conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C. 
6314), labeling provisions (42 U.S.C. 6315), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the covered equipment 
complies with relevant standards promulgated under EPCA. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered equipment. EPCA requires that any test procedures 
prescribed or amended under this section must be reasonably designed to 
produce test results which reflect the energy efficiency, energy use or 
estimated annual operating cost of covered equipment during a 
representative average use cycle and requires that test procedures not 
be unduly burdensome to conduct (42 U.S.C. 6314(a)(2)). The test 
procedure for walk-in 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. 10 CFR 431.401(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the equipment 
type in a manner representative of the energy consumption 
characteristics of the basic model. 10 CFR 431.401(b)(1)(iii). DOE may 
grant the waiver subject to conditions, including adherence to 
alternate test procedures specified by DOE. 10 CFR 431.401(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule 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. 10 CFR 431.401(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 
431.401(h)(1).
    When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
10 CFR 431.401(h)(2).

II. KeepRite's Petition for Waiver and Interim Waiver

    DOE received a petition from KeepRite for waiver and interim waiver 
docketed on August 11, 2020 from the test procedure for walk-in 
refrigeration systems set forth at 10 CFR part 431, subpart R, appendix 
C (KeepRite, No. 1 at p. 1 \4\). KeepRite claims that the test 
conditions described in Table 15 and Table 16 of the Air-Conditioning, 
Heating, and Refrigeration Institute (``AHRI'') Standard 1250-2009, 
Standard for Performance Rating of Walk-In Coolers and Freezers (``AHRI 
1250-2009'') (for walk-in refrigerator unit coolers and freezer unit 
coolers tested alone, respectively), as incorporated by Appendix C with 
modification, cannot be achieved by the specified basic models and are 
not consistent with the operation of KeepRite's CO<INF>2</INF> direct 
expansion unit coolers. These set conditions are based on the use of a 
refrigerant different from the CO<INF>2</INF>-based refrigerant used by

[[Page 12436]]

KeepRite. As a result, KeepRite explained that because CO<INF>2</INF> 
has a critical temperature of 87.8 [deg]F,\5\ the required liquid inlet 
saturation temperature of 105 [deg]F and the required liquid inlet 
subcooling temperature of 9 [deg]F required under the prescribed test 
procedure are not achievable. It stated that the test conditions should 
be more consistent with typical operating conditions for a 
transcritical CO<INF>2</INF> booster system (KeepRite, No. 1).
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    \4\ A notation in the form ``KeepRite, No.1'' identifies a 
written submission: (1) Made by KeepRite; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2020-BT-WAV-0028) and available at http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0028.
    \5\ The test procedure specifies the unit cooler refrigerant 
inlet condition in terms of a saturation temperature (the 
temperature at which it completes the condensation process in a 
condenser) and the subcooling temperature (additional reduction in 
temperature lower than the specified saturation temperature). For 
CO<INF>2</INF>, the critical temperature above which there cannot 
exist separate liquid and gas phases is below the saturation 
condition specified in the test procedure, hence the specified 
condition cannot be achieved.
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    The statements made by KeepRite reference the difference in 
thermodynamic properties between CO<INF>2</INF> and other refrigerants. 
At modest pressures (i.e. below the critical point), many substances 
transition from a solid to a liquid to a gas as temperature increases. 
For example, a pure substance like water transitions from liquid to 
steam at a specific temperature, e.g. 212 [deg]F, at atmospheric 
pressure. As heat is added during a liquid to gas transition, the 
temperature remains constant and the substance coexists as both liquid 
and vapor. Continuing to add heat converts more of the liquid to vapor 
at a constant temperature. The reverse occurs when heat is removed. 
However, the transition temperature depends on the pressure--the higher 
the pressure, the higher the transition temperature. This is a key 
principle in refrigeration systems, which operate at two pressure 
levels associated with two temperatures. A refrigerant absorbs heat 
when it is at a low temperature and pressure, converting to gas and 
cooling the surrounding space. At high temperature and pressure, the 
refrigerant transitions to a liquid while releasing heat to the 
environment. A compressor is used to raise the low-pressure gas to a 
high pressure, and a throttle (pressure reduction device) is used to 
reduce the pressure once the refrigerant has been fully liquefied 
(condensed) at high pressure.
    All refrigerants have a ``critical pressure'' and an associated 
``critical temperature'' above which liquid and vapor phases cannot 
coexist. Above this critical point, the refrigerant will be a gas and 
its temperature will increase or decrease as heat is added or removed. 
For all conventional refrigerants, the critical pressure is so high 
that it is never exceeded in typical refrigeration cycles. For example, 
R404A is a common refrigerant used in refrigeration systems that has a 
critical pressure of 540.8 psia \6\ with an associated critical 
temperature of 161.7 [deg]F. However, CO<INF>2</INF> behaves 
differently, with a critical pressure of 1,072 psia associated with a 
much lower critical temperature of 87.8 [deg]F. The refrigerant 
temperature must be somewhat higher than the ambient temperature in 
order to reject refrigeration cycle heat to the ambient environment. 
Ambient temperatures greater than 87.8 [deg]F are common and the 
performance of many refrigeration and air conditioning systems are 
tested using a 95 [deg]F ambient temperature, as indicated by the A 
test condition in AHRI 1250-2009 Section 5. At temperatures greater 
than the critical temperature, the CO<INF>2</INF> refrigerant is in a 
supercritical state (i.e. a condition with pressure above the critical 
temperature) and heat is transferred to the environment. Since useful 
cooling is provided below the critical temperature, CO<INF>2</INF> 
cycles are said to be transcritical.
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    \6\ Absolute pressure is the pressure measured relative to a 
complete vacuum; ``psia'' represents the absolute pressure in pounds 
per square inch.
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    The transcritical nature of CO<INF>2</INF> generally requires more 
complex refrigeration cycle design to approach the efficiency of 
traditional refrigerants (i.e., R404A, R407A, R448A, etc.) during 
operation in high temperature conditions. To increase efficiency and 
prevent overheating, transcritical booster systems introduce (or use) 
multiple stages of compression and intercooling. CO<INF>2</INF> is 
cooled in the gas cooler of a transcritical booster system, then 
expands through a high-pressure control valve and is delivered to a 
subcritical-pressure flash tank. In the flash tank, the refrigerant is 
in the subcritical phase and the liquid and vapor phases can be 
separated. A unit cooler in a CO<INF>2</INF> booster system would be 
supplied with liquid refrigerant from the flash tank via expansion 
valves where the refrigerant is evaporated. The evaporated refrigerant 
is subsequently compressed up to gas cooler pressure to complete the 
cycle (KeepRite, No. 3).
    KeepRite also 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).
    Based on the assertions in the petition, absent an interim waiver, 
the prescribed test procedure is not appropriate for KeepRite's 
CO<INF>2</INF> direct expansion unit coolers and the test conditions 
are not achievable, since CO<INF>2</INF> refrigerant has a critical 
temperature of 87.8[deg]F and the current DOE test procedure calls for 
a liquid inlet saturation temperature of 105 [deg]F. The inability to 
achieve test conditions for the stated basic models would result in 
economic hardship from loss of sales stemming from the inability of the 
DOE test procedure to address the operating conditions of KeepRite's 
equipment.

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 equipment, including when demonstrating compliance with 
applicable DOE energy conservation standards. Pursuant to 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.
    KeepRite seeks to test and rate specific CO<INF>2</INF> direct 
expansion unit cooler basic models with modifications to the DOE test 
procedure. KeepRite's suggested approach specifies using modified 
liquid inlet saturation and liquid inlet subcooling temperatures of 38 
[deg] F and 5 [deg] F, respectively, for both walk-in refrigerator unit 
coolers and walk-in freezer unit coolers. Additionally, KeepRite 
recommended that because the subject units are used in transcritical 
CO<INF>2</INF> booster systems the calculations in AHRI 1250-2009 
section 7.9 should be used to determine the Annual Walk-in Efficiency 
Factor (``AWEF'') and net capacity for unit coolers matched to parallel 
rack systems as required under the DOE test procedure. This section of 
AHRI 1250-2009 is prescribed by the DOE test procedure for determining 
AWEF for all unit coolers tested alone (see 10 CFR part 431, subpart R, 
appendix C, section 3.3.1). Finally, KeepRite also recommended that 
AHRI 1250-2009 Table 17, EER [Energy Efficiency Ratio] for Remote 
Commercial Refrigerated Display Merchandisers and Storage Cabinets, 
should be used to determine power consumption of CO<INF>2</INF> direct 
expansion unit cooler systems as required under the DOE test procedure.

[[Page 12437]]

IV. Interim Waiver Order

    DOE has reviewed KeepRite's application, its suggested testing 
approach, industry materials regarding CO<INF>2</INF> transcritical 
booster systems, and KeepRite's consumer-facing materials, including 
websites and product specification sheets for the basic models listed 
in KeepRite's petition. Based on this review, the suggested testing 
approach appears to allow for the accurate measurement of energy 
efficiency of the specified basic models, while alleviating the testing 
issues associated with KeepRite's implementation of walk-in cooler and 
walk-in freezer testing for these basic models. Review of the 
CO<INF>2</INF> refrigeration market confirms that the test conditions 
of the testing approach suggested by KeepRite would be representative 
for operation of a unit cooler used in a transcritical CO<INF>2</INF> 
booster system (KeepRite, No. 3). CO<INF>2</INF> that is cooled in the 
gas cooler of a transcritical booster system expands through a high-
pressure control valve that delivers CO<INF>2</INF> to a subcritical-
pressure flash tank, where liquid and vapor phases of the refrigerant 
are separated. The liquid is then split and the unit coolers receive 
the refrigerant at the same condition, consistent with the use of the 
same liquid inlet saturation temperature for both the medium- and low-
temperature systems in KeepRite's suggested test approach. Calculations 
on other external CO<INF>2</INF> refrigeration system designs in the 
market indicate that the 38 [deg]F liquid unit cooler inlet saturation 
temperature suggested by KeepRite is representative of CO<INF>2</INF> 
booster systems (KeepRite, No. 4). Regarding use of the EER values in 
AHRI 1250-2009 Table 17 to determine the representative compressor 
power consumption for CO<INF>2</INF> unit cooler systems, research into 
the performance of different configurations of CO<INF>2</INF> booster 
systems shows that enhanced CO<INF>2</INF> cycles (like those used in 
transcritical booster systems) can match conventional refrigerants in 
average annual efficiency (KeepRite, No. 2). The findings from this 
research, along with the other collective factors previously noted, 
helps to justify the use of the EER values in AHRI 1250-2009 Table 17 
for determining the power consumption for CO<INF>2</INF> booster system 
evaporators, despite these EER values being initially established for 
systems using conventional refrigerants. Consequently, DOE has 
determined that KeepRite's petition for waiver likely will be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant KeepRite immediate relief pending a determination of 
the petition for waiver.
    For the reasons stated, it is ordered that:
    (1) KeepRite must test and rate the following CO<INF>2</INF> direct 
expansion unit cooler basic models with the alternate test procedure 
set forth in paragraph (2).
    Basic Models on which the Waiver and Interim Waiver is being 
requested:

            *LP104C*-**D*     *LP104D*-**D*            *LP103F*-**D*
            *LP106C*-**D*     *LP105D*-**D*            *LP104F*-**D*
            *LP107C*-**D*     *LP106D*-**D*            *LP106F*-**D*
            *LP209C*-**D*     *LP207D*-**D*            *LP207F*-**D*
            *LP211C*-**D*     *LP209D*-**D*            *LP208F*-**D*
            *LP214C*-**D*     *LP211D*-**D*            *LP211F*-**D*
            *LP317C*-**D*     *LP314D*-**D*            *LP313F*-**D*
            *LP320C*-**D*     *LP316D*-**D*            *LP316F*-**D*
            *LP422C*-**D*     *LP418D*-**D*            *LP418F*-**D*
            *LP427C*-**D*     *LP421D*-**D*            *LP421F*-**D*
            *LP534C*-**D*     *LP526D*-**D*            *LP524F*-**D*
            *LP640C*-**D*     *LP631D*-**D*            *LP627F*-**D*
 
            *MP120C*-**D*     *MP116L*-**D*            *MP113F*-**D*
            *MP124C*-**D*     *MP120L*-**D*            *MP117F*-**D*
            *MP232C*-**D*     *MP224L*-**D*            *MP221F*-**D*
            *MP240C*-**D*     *MP233L*-**D*            *MP226F*-**D*
            *MP248C*-**D*     *MP239L*-**D*            *MP234F*-**D*
            *MP360C*-**D*     *MP347L*-**D*            *MP338F*-**D*
            *MP372C*-**D*     *MP355L*-**D*            *MP349F*-**D*
            *MP486C*-**D*     *MP470L*-**D*            *MP457F*-**D*
            *MP495C*-**D*
 
            *TM215C*-**D*     *TM204D*-**D*                   *LV106C*-**D*
            *TM318C*-**D*     *TM206D*-**D*                   *LV109C*-**D*
            *TM321C*-**D*     *TM209D*-**D*                   *LV212C*-**D*
            *TM426C*-**D*     *TM212D*-**D*                   *LV217C*-**D*
            *TM531C*-**D*     *TM315D*-**D*                   *LV325C*-**D*
            *TM215C*-**D*     *TM318D*-**D*                   *LV331C*-**D*
            *TM318C*-**D*     *TM422D*-**D*                   *LV437C*-**D*
            *TM321C*-**D*     *TM526D*-**D*                   *LV441C*-**D*
            *TM426C*-**D*                                     *LV546C*-**D*
            *TM531C*-**D*
 

    Brand Names for which the basic models will represent:

KeepRite/Trenton/Bally

    (2) The KeepRite basic models identified in paragraph (1) of this 
Interim Waiver Order shall be tested according to the test procedure 
for walk-in cooler and walk-in freezer refrigeration systems prescribed 
by DOE at 10 CFR part 431, subpart R, appendix C (``Appendix C''), 
except that the liquid inlet saturation temperature test condition and 
liquid inlet subcooling temperature test condition shall be modified to 
38 [deg]F and 5 [deg]F, respectively, for both walk-in refrigerator 
unit coolers and walk-in freezer unit coolers, as detailed below. All 
other requirements of Appendix C and DOE's regulations remain 
applicable.
    In Appendix C, under section 3.1. General modifications: Test 
Conditions and Tolerances, revise section 3.1.5., to read as follows: 
3.1.5. Tables 15 and 16 shall be modified to read as follows:

                                                           Table 15--Refrigerator Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler  Unit cooler                  Liquid       Liquid
                                           air          air       Saturated      inlet        inlet
           Test description              entering     entering     suction     saturation   subcooling    Compressor  capacity        Test objective
                                        dry-bulb,     relative      temp,        temp,        temp,
                                          [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power..................           35          <50  ...........  ...........  ...........  Compressor Off.........  Measure fan input power
                                                                                                                                  during compressor off
                                                                                                                                  cycle.
Refrigeration Capacity Suction A.....           35          <50           25           38            5  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.


                                                              Table 16--Freezer Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler  Unit cooler                  Liquid       Liquid
                                           air          air       Saturated      inlet        inlet
           Test description              entering     entering     suction     saturation   subcooling    Compressor  capacity        Test objective
                                        dry-bulb,     relative      temp,        temp,        temp,
                                          [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power..................          -10          <50  ...........  ...........  ...........  Compressor Off.........  Measure fan input power
                                                                                                                                  during compressor off
                                                                                                                                  cycle.
Refrigeration Capacity Suction A.....          -10          <50          -20           38            5  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
Defrost..............................          -10      Various  ...........  ...........  ...........  Compressor Off.........  Test according to
                                                                                                                                  Appendix C Section
                                                                                                                                  C11.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.


[[Page 12438]]

    (3) Representations. KeepRite may not make representations about 
the energy efficiency of a basic model listed in paragraph (1) of this 
Interim Waiver Order for compliance, marketing, or other purposes 
unless the basic model has been tested in accordance with the 
provisions set forth in this alternate test procedure and such 
representations fairly disclose the results of such testing.
    (4) This Interim Waiver Order shall remain in effect according to 
the provisions of 10 CFR 431.401.
    (5) This Interim Waiver Order is issued on the condition that the 
statements and representations provided by KeepRite are valid. If 
KeepRite 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 
KeepRite will either be required to use the current Federal test method 
or submit a new application for a test procedure waiver. DOE may 
rescind or modify this waiver at any time if it determines the factual 
basis underlying the petition for the Interim Waiver Order is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic model's true energy consumption 
characteristics. 10 CFR 431.401(k)(1). Likewise, KeepRite may request 
that DOE rescind or modify the Interim Waiver Order if KeepRite 
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 KeepRite 
from the applicable requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. KeepRite may submit a new 
or amended petition for waiver and request for grant of interim waiver, 
as appropriate, for additional basic models of CO<INF>2</INF> direct 
expansion unit coolers. Alternatively, if appropriate, KeepRite 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 
24, 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 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 26, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Appendix 1

KeepRite Refrigeration Application for Waiver and Interim Waiver

    Request for Waiver and Interim Waiver from a DOE test procedure 
pursuant to provisions described in 10 CFR 431.401 for the following 
product on the grounds that ``the basic model contains one or more 
design characteristics that prevent testing of the basic model 
according to the prescribed test procedures.''
[GRAPHIC] [TIFF OMITTED] TN03MR21.100

    The design characteristics constituting the grounds for the Waiver 
and Interim Waiver Application:
    <bullet> Appendix C to Subpart R of Part 431--Uniform Test Method 
for the Measurement of Net Capacity and AWEF of Walk-in Cooler and 
Walk-in Freezer Refrigeration Systems specifies that unit coolers 
tested alone use the test procedures described in AHRI 1250-2009. Table 
15 and Table 16 of AHRI 1250-2009 are as follows:

                                                           Table 15--Refrigerator Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler  Unit cooler                  Liquid       Liquid
                                            air          air      Saturated      inlet        inlet
           Test description              entering     entering     suction     saturation   subcooling    Compressor capacity         Test objective
                                         dry-bulb     relative      temp,        temp,        temp,
                                          [deg]F     humidity,%     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power..................           35          <50  ...........  ...........  ...........  Compressor Off.........  Measure fan input power
                                                                                                                                  during compressor off
                                                                                                                                  cycle.
Refrigeration Capacity Suction A.....           35          <50           25          105            9  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.

[[Page 12439]]

 
Refrigeration Capacity Suction B.....           35          <50           20          105            9  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                              Table 16--Freezer Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler  Unit cooler                  Liquid       Liquid
                                           air          air       Saturated      inlet        inlet
           Test description              entering     entering     suction     saturation   subcooling    Compressor capacity         Test objective
                                         dry-bulb     relative      temp,        temp,        temp,
                                          [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power..................           -0          <50  ...........  ...........  ...........  Compressor Off.........  Measure fan input power
                                                                                                                                  during compressor off
                                                                                                                                  cycle.
Refrigeration Capacity Suction A.....          -10          <50          -20          105            9  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
Refrigeration Capacity Suction B.....          -10          <50          -26          105            9  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
Defrost..............................          -10      Various  ...........  ...........  ...........  Compressor Off.........  Test according to
                                                                                                                                  Appendix C Section C11
--------------------------------------------------------------------------------------------------------------------------------------------------------

    <bullet> CO<INF>2</INF> refrigerant has a critical temperature of 
87.8 [deg]F thus the liquid inlet saturation temperature of 105 [deg]F 
and the liquid inlet subcooling temperature of 9 [deg]F as specified in 
Table 15 and Table 16 are not achievable.
    <bullet> The test condition values need to be more in line with 
typical operating conditions for a CO2 refrigeration application.
    Basic Models on which the Waiver and Interim Waiver is being 
requested:

             LP104C*-**D*     *LP104D*-**D*            *LP103F*-**D*
             LP106C*-**D*     *LP105D*-**D*            *LP104F*-**D*
             LP107C*-**D*     *LP106D*-**D*            *LP106F*-**D*
             LP209C*-**D*     *LP207D*-**D*            *LP207F*-**D*
             LP211C*-**D*     *LP209D*-**D*            *LP208F*-**D*
             LP214C*-**D*     *LP211D*-**D*            *LP211F*-**D*
             LP317C*-**D*     *LP314D*-**D*            *LP313F*-**D*
             LP320C*-**D*     *LP316D*-**D*            *LP316F*-**D*
             LP422C*-**D*     *LP418D*-**D*            *LP418F*-**D*
             LP427C*-**D*     *LP421D*-**D*            *LP421F*-**D*
             LP534C*-**D*     *LP526D*-**D*            *LP524F*-**D*
             LP640C*-**D*     *LP631D*-**D*            *LP627F*-**D*
 
             MP120C*-**D*     *MP116L*-**D*            *MP113F*-**D*
             MP124C*-**D*     *MP120L*-**D*            *MP117F*-**D*
             MP232C*-**D*     *MP224L*-**D*            *MP221F*-**D*
             MP240C*-**D*     *MP233L*-**D*            *MP226F*-**D*
             MP248C*-**D*     *MP239L*-**D*            *MP234F*-**D*
             MP360C*-**D*     *MP347L*-**D*            *MP338F*-**D*
             MP372C*-**D*     *MP355L*-**D*            *MP349F*-**D*
             MP486C*-**D*     *MP470L*-**D*            *MP457F*-**D*
             MP495C*-**D*.......................  ......................
 
             TM215C*-**D*     *TM204D*-**D*                   *LV106C*-**D*
             TM318C*-**D*     *TM206D*-**D*                   *LV109C*-**D*
             TM321C*-**D*     *TM209D*-**D*                   *LV212C*-**D*
             TM426C*-**D*     *TM212D*-**D*                   *LV217C*-**D*
             TM531C*-**D*     *TM315D*-**D*                   *LV325C*-**D*
             TM215C*-**D*     *TM318D*-**D*                   *LV331C*-**D*
             TM318C*-**D*     *TM422D*-**D*                   *LV437C*-**D*
             TM321C*-**D*     *TM526D*-**D*                   *LV441C*-**D*
             TM426C*-**D*                                     *LV546C*-**D*
             TM531C*-**D*.......................  ......................
 

    Brand Names for which the basic models will represent:

KeepRite/Trenton/Bally

    Specific Requirements sought to be waived--Petitioning for a waiver 
and interim waiver to exempt CO2 Direct Expansion Unit Coolers in 
Medium and Low Temperature application from being tested to the current 
test procedure. The prescribed test procedure is not appropriate for 
these products for the reasons stated previously (liquid inlet 
saturation temperature and liquid inlet subcooling temperature test 
condition values are not appropriate for a transcritical CO2 booster 
system application).
    List of manufacturers of all other basic models marketing in the 
United States and known to the petitioner to incorporate similar design 
characteristics--
    Manufacturer: Heatcraft
    Manufacturer: Heat Transfer Products Group (HTPG) Manufacturer: 
Hussmann Corp. (Krack)
Proposed Alternate Test Procedure
    Utilize the test procedure as outlined in Appendix C to Subpart R 
of Part 431--Uniform Test Method for the Measurement of Net Capacity 
and AWEF of Walk-in Cooler and Walk-in Freezer Refrigeration Systems 
with reference to AHRI 1250-2009 with the exception of modifying the 
test conditions in Table 15 and 16 for liquid inlet saturation 
temperature and liquid inlet subcooling temperature as noted below. In 
addition, per Appendix C to Subpart R of 431 use the calculations in 
AHRI 1250 section 7.9 to determine AWEF and net capacity for unit 
coolers matched to parallel rack systems. Use AHRI 1250 Table 17, EER 
for Remote Commercial Refrigerated Display Merchandisers and Storage 
Cabinets to determine the power consumption of the system.

                                                           Table 15--Refrigerator Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler  Unit cooler                  Liquid       Liquid
                                           air          air       Saturated      inlet        inlet
           Test description              entering     entering     suction     saturation   subcooling    Compressor capacity         Test objective
                                         dry-bulb     relative      temp,        temp,        temp,
                                          [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power..................           35          <50  ...........  ...........  ...........  Compressor Off.........  Measure fan input power
                                                                                                                                  during compressor off
                                                                                                                                  cycle.
Refrigeration Capacity Suction A.....           35          <50           25           38            5  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
Refrigeration Capacity Suction B.....           35          <50           20           38            5  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 12440]]


                                                              Table 16--Freezer Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Unit cooler  Unit cooler                  Liquid       Liquid
                                           air          air       Saturated      inlet        inlet
           Test description              entering     entering     suction     saturation   subcooling    Compressor capacity         Test objective
                                         dry-bulb     relative      temp,        temp,        temp,
                                          [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power..................          -10          <50  ...........  ...........  ...........  Compressor Off.........  Measure fan input power
                                                                                                                                  during compressor off
                                                                                                                                  cycle.
Refrigeration Capacity Suction A.....          -10          <50          -20           38            5  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
Refrigeration Capacity Suction B.....          -10          <50          -26           38            5  Compressor On..........  Determine Net
                                                                                                                                  Refrigeration Capacity
                                                                                                                                  of Unit Cooler.
Defrost..............................          -10      Various  ...........  ...........  ...........  Compressor Off.........  Test according to
                                                                                                                                  Appendix C Section
                                                                                                                                  C11.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Success of the application for Waiver and Interim Waiver will: 
Ensure that manufacturers of CO2 Direct Expansion Unit Coolers in 
Medium & Low Temperature application 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 requirements set forth.
    Conclusion: KeepRite Refrigeration seeks a Waiver and Interim 
Waiver from DOE's current requirement to test CO2 direct expansion unit 
coolers.

    Request submitted by:

/s/

Vince Zolli, P. Eng,

Vice President of Engineering, KeepRite Refrigeration.

[FR Doc. 2021-04357 Filed 3-2-21; 8:45 am]
BILLING CODE 6450-01-P


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