[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11972-11991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04062]


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

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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#2764424b4b46557755481517161e7066711717151f6742420943484209404851"><span class="__cf_email__" data-cfemail="e4a78188888596b4968bd6d4d5ddb3a5b2d4d4d6dca48181ca808b81ca838b92">[email protected]</span></a>. Include Case No. 
2019-009 in the subject line of the message.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#a1e0f2fef6c0c8d7c4d3fef3c4d0d4c4d2d5e1c4c48fc5cec48fc6ced7"><span class="__cf_email__" data-cfemail="3c7d6f636b5d554a594e636e594d49594f487c595912585359125b534a">[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#89c4e0eae1e8ece5a7c2e0ede6c9e1f8a7ede6eca7eee6ff"><span class="__cf_email__" data-cfemail="1e53777d767f7b723055777a715e766f307a717b30797168">[email protected]</span></a>@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

[[Page 11973]]

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: Keith 
Sedwick, <a href="/cdn-cgi/l/email-protection#91faf4f8e5f9d1f2f4fdfdf0e3e1e3fef2fefefdf8fff6e2e8e2e5f4fce2bff2fefc"><span class="__cf_email__" data-cfemail="aac1cfc3dec2eac9cfc6c6cbd8dad8c5c9c5c5c6c3c4cdd9d3d9decfc7d984c9c5c7">[email protected]</span></a>, 1445 N McDowell Blvd., 
Petaluma, CA 94954.
---------------------------------------------------------------------------

    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
---------------------------------------------------------------------------

    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 2019-009

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part C \3\ of 
EPCA, added by the National Energy Conservation Policy Act, Public Law 
95-619, sec. 441 (Nov. 9, 1978), established the Energy Conservation 
Program for Certain Industrial Equipment, which sets forth a variety of 
provisions designed to improve the energy efficiency for certain types 
of industrial equipment. 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))
---------------------------------------------------------------------------

    \2\ All 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).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6311), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
energy conservation standards (42 U.S.C. 6313), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the equipment complies 
with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(s))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered equipment. EPCA requires that any test

[[Page 11974]]

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. CellarPro's Petition for Waiver and Application for Interim Waiver

    DOE received a petition from CellarPro dated September 13, 2019 
seeking an interim waiver from the test procedure for walk-in cooler 
and walk-in freezer refrigeration systems set forth at Appendix C 
(CellarPro, No. 1 at p. 1).\4\ 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. CellarPro later 
confirmed in a May 22, 2020 email that its petition should also be 
considered as a petition for waiver (CellarPro, No. 4).
---------------------------------------------------------------------------

    \4\ A notation in the form ``CellarPro, No. 1'' identifies a 
written submission: (1) Made by CellarPro; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2019-BT-WAV-0028) and available at http://www.regulations.gov.
---------------------------------------------------------------------------

    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 
CellarPro's petition, the specified basic models of walk-in cooler 
refrigeration systems operate at a temperature range of 45-65 [deg]F; 
higher than that of a typical walk-in cooler refrigeration system. 
Thus, the 35 [deg]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. 
CellarPro also states that the specified basic models are ``wine cellar 
cooling systems'' that operate at temperature and relative humidity 
ranges optimized for the long-term storage of wine and are usually 
located in air-conditioned spaces. CellarPro contends that because of 
these characteristics, wine cellar walk-in refrigeration systems differ 
in their walk-in box temperature setpoint, walk-in box relative 
humidity, low/high load split,\5\ and compressor efficiency from other 
walk-in cooler refrigeration systems.
---------------------------------------------------------------------------

    \5\ The 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.
---------------------------------------------------------------------------

    CellarPro states that the specified basic models are designed to 
provide a cold environment at a temperature range between 45-65 [deg]F 
with 50-70 percent relative humidity (``RH''), and typically are kept 
at 55 [deg]F rather than the 35 [deg]F and <50 percent RH test 
condition prescribed by the DOE test procedure. CellarPro states that 
the refrigeration systems are designed solely for the purpose of long-
term cooling and storage of wine. CellarPro also asserts that operating 
a wine cellar at the 35 [deg]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, a number of the basic models of walk-in refrigeration 
systems identified in CellarPro's waiver petition are ``self-
contained'' or single-package systems. In its request for waiver, 
CellarPro states that these systems have a small footprint and that 
testing these systems using the refrigerant enthalpy method in AHRI 
1250-2009 is complex since mass flow meters would need to be installed 
in parts of the system with minimal space. 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. As noted by CellarPro, 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 to route them back in to enable the

[[Page 11975]]

system to operate during testing.\6\ This additional piping would 
impact unit performance, likely be inconsistent between test labs, and 
result in unrepresentative test values for the unit under test. AHRI 
has published a revised version of the test standard that provides 
provisions for single-package systems without requiring extensive 
additional piping (AHRI 1250-2020, 2020 Standard for Performance Rating 
of Walk-in Coolers and Freezers). As discussed below, the interim 
waiver alternative test procedure presented for comment in this 
notification adopts the new test methods included in AHRI 1250-2020 for 
single-package units.
---------------------------------------------------------------------------

    \6\ In a waiver granted to Store It Cold for certain models of 
single-package units, DOE acknowledged a similar issue in which the 
additional piping necessary to install the required testing 
components would affect performance of the units, rendering the 
results unrepresentative. See 84 FR 39286 (Aug. 9, 2019). In the 
case of the waiver granted to Store It Cold, the refrigerant 
enthalpy method yielded inaccurate data for the specified basic 
models compared to the basic models' true performance 
characteristics because of the additional piping required to attach 
the testing components required by the refrigerant enthalpy test. 
The same issues are present for the specified single package system 
basic models included in CellarPro's waiver petition.
---------------------------------------------------------------------------

    DOE has received multiple waiver and interim waiver requests from 
wine cellar manufacturers regarding the limitations of Appendix C. In 
light of these requests, DOE met with the AHRI and wine cellar walk-in 
refrigeration system manufacturers to develop a consistent and 
representative alternate test procedure that would be relevant to each 
waiver request. Ultimately, AHRI sent a letter to DOE on August 18, 
2020, summarizing the industry's position on several issues (``AHRI 
August 2020 Letter'').\7\ This letter documents industry support for 
specific wine cellar walk-in refrigeration system test procedure 
requirements, allowing the provisions to apply only to refrigeration 
systems with a minimum operating temperature of 45 [deg]F, since wine 
cellar system controls and unit design specifications prevent these 
walk-ins from reaching a temperature below 45 [deg]F. A provision for 
testing walk-in wine cellar refrigeration systems at an external static 
pressure (``ESP'') \8\ of 50 percent of the maximum ESP to be specified 
by manufacturers for each basic model (AHRI August 2020 Letter) is also 
included.
---------------------------------------------------------------------------

    \7\ DOE's meetings with CellarPro 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-0028-0005.
    \8\ External static pressure is the sum of all the pressure 
resisting the fans. Here, this is chiefly the resistance generated 
by the air moving through ductwork.
---------------------------------------------------------------------------

    Accordingly, CellarPro submitted an updated petition for waiver and 
interim waiver on October 2, 2020 (CellarPro, No. 6). The updated 
petition states that all basic models listed in the petition for waiver 
and interim waiver have a minimum operating temperature of 45 [deg]F 
and provides maximum ESP values for specified ducted self-contained and 
ducted split system basic models.
    CellarPro 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.
    CellarPro 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 [deg]F, as opposed to the 35 [deg]F requirement prescribed in the 
current DOE test procedure. CellarPro does not specify air return 
relative humidity in their petition, though they do state that the 
subject basic models are designed to maintain relative humidity between 
50 and 70 percent. Additionally, CellarPro 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. CellarPro 
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.
---------------------------------------------------------------------------

    \9\ A 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 [deg]F (3.9 [deg]C); or 
(2) In a range that extends no lower than 37 [deg]F (2.8 [deg]C) but 
at least as high as 60 [deg]F (15.6 [deg]C). 10 CFR 430.2.
---------------------------------------------------------------------------

IV. Interim Waiver Order

    DOE has reviewed CellarPro's application, its suggested testing 
approach, representations of the specified basic models on the website 
for the CellarPro brand, related product catalogs, and information 
provided by CellarPro 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 CellarPro.
    The modified testing approach would apply to the models specified 
in CellarPro's waiver petition that include two categories of WICF 
refrigeration systems, i.e., single package and split (matched) 
systems. The first 17 basic models listed in CellarPro's table (1800QTL 
through 8200VS) are single-package systems. All of the single package 
basic models can be installed either through the wall of a wine cellar 
or on top of a wine cellar, and the VS series basic models can 
additionally be ducted to the wine cellar. The ducted configuration is 
designed to be installed remotely from the wine cellar and provide 
cooling by circulating air through ducts from the wine cellar to the 
unit and back. The remaining basic models (3000S through AH24Sx) are 
split (matched) 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 coil of the ducted split (matched) system circulates air 
through ducts from the wine cellar to the evaporator coil and back to 
provide cooling, while the evaporator coil of the ductless split 
(matched) systems is installed either partially or entirely in the wine 
cellar, allowing direct cooling. The capacity range of the specified 
basic models is from 1,065 Btu/h to 17,500 Btu/h for the specified 
operating conditions for each of the models (CellarPro, No.8).\10\
---------------------------------------------------------------------------

    \10\ The specified operating temperatures are 55 [deg]F cold-
side air entering and 85 [deg]F warm-side air entering. Capacities 
at specified operating conditions are included in the ``2020 
CellarPro Product Performance List'' provided in docket No. EERE-
2019-BT-WAV-0028.

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

[[Page 11976]]

    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 CellarPro for the specified basic models 
listed in the petition is based upon CellarPro's representation that 
the operating range for the basic models listed in the interim waiver 
does not extend below 45 [deg]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 [deg]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 (17 basic models 1800QTL through 
8200VS) 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 CellarPro'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 CellarPro's installation manuals (CellarPro, 
No. 11). DOE's calculations show reasonable agreement with the maximum 
ESP values provided by CellarPro 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 CellarPro to 
be sufficiently representative.
---------------------------------------------------------------------------

    \11\ Inches of water column (``in. wc'') is a unit of pressure 
conventionally used for measurement of pressure differentials.
    \12\ The 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.
    \13\ Calculations 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-0028-0013) and available at http://www.regulations.gov.
---------------------------------------------------------------------------

    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 \14\ or, if using 
the indoor air enthalpy method, by adjusting the airflow measurement 
apparatus blower.
---------------------------------------------------------------------------

    \14\ This 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.
---------------------------------------------------------------------------

    The alternate test procedure also describes the requirements for 
measurement of ESP consistent with provisions provided in AHRI 1250-
2020 when using the indoor air enthalpy method with unit coolers.
    Additionally, the alternate test procedure indicates that specified 
basic models that are split systems must be tested as matched pairs. 
According to CellarPro's petition, the walk-in refrigeration system 
basic models that are split-systems are sold as full systems (i.e., 
matched pairs) rather than as individual unit cooler and condensing 
unit components. This Interim Waiver Order provides no direction 
regarding refrigerant line connection operating conditions, and as such 
is inapplicable to testing the basic models as individual components. 
Consequently, the Interim Waiver Order addresses only matched-pair 
testing of the specified basic models that are split-systems.
    DOE notes that, despite the request from CellarPro, it is not 
including a 0.55 correction factor in the alternate test procedure 
required by the Interim Waiver Order. The company claimed that such a 
factor would correct for differences in wine cellar refrigeration 
system fan power, compressor efficiency, and run time and load 
conditions. CellarPro also observed that the test procedure in appendix 
A to subpart B of 10 CFR part 430 (``Appendix A''), includes such a 
factor to account for the difference in use and loading patterns of 
coolers (e.g., self-contained wine chiller cabinets) as compared to 
other residential refrigeration products and sought to include a factor 
as part of its petition. Coolers, like other residential refrigeration 
products, are tested in a 90 [deg]F room without door openings (section 
2.1.1 of Appendix A). The intent of the energy test procedure for 
residential refrigeration products is to simulate operation in typical 
room conditions (72 [deg]F) with door openings by testing at 90 [deg]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 [deg]F ambient temperature without door openings 
provides test results that are representative of consumer usage at 72 
[deg]F ambient temperature with door openings. Specifically, the 0.55 
correction factor reflects that (1) closed-door operation of self-
contained coolers in typical 72 [deg]F room conditions results in an 
average energy consumption 0.46 times the value measured at the 90 
[deg]F ambient temperature specified by the test procedure; and (2) 
expected door openings of a self-contained wine chiller would add an 
additional 20% thermal load. Multiplying 0.46 by 1.2 results in the 
overall correction factor of 0.55. See 81 FR 46768, 46782 (July 18, 
2016) (final rule for miscellaneous refrigeration products).

[[Page 11977]]

    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 CellarPro is not 
appropriate for the specified basic models.
    Further, CellarPro asserted that the suggested 0.55 correction 
factor was to address the differences in run time and compressor 
inefficiency of the specified basic models as compared to walk-in 
cooler refrigeration systems more generally. It suggested that the run 
time for wine cellar walk-in refrigeration systems ranges from 50 to 75 
percent. AHRI 1250-2009 accounts for percent run time in the AWEF 
calculation by setting walk-in box load equal to specific fractions of 
refrigeration system net capacity--the fractions are defined based on 
whether the refrigeration system is for cooler or freezer applications, 
and whether it is designed for indoor or outdoor installation (see 
sections 6.2 (applicable to coolers) and 6.3 (applicable to freezers) 
of AHRI 1250-2009). The alternate test procedure provided by this 
interim waiver requires calculating AWEF based on setting the walk-in 
box load equal to half of the refrigeration system net capacity, 
without variation according to high and low load periods and without 
variation with outdoor air temperature for outdoor refrigeration 
systems. Setting the walk-in box load equal to half the refrigeration 
system net capacity results in a refrigeration system run time fraction 
slightly above 50 percent, which is in the range suggested by CellarPro 
as being representative for the specified basic models. As previously 
discussed, walk-in 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 CellarPro'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 CellarPro's implementation of wine cellar walk-in refrigeration 
system testing for these basic models. Consequently, DOE has determined 
that CellarPro's petition for waiver will likely be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant CellarPro immediate relief pending a determination of 
the petition for waiver.
    For the reasons stated, it is ordered that:
    (1) CellarPro must test and rate the following CellarPro-branded 
wine cellar walk-in refrigeration system basic models \15\ with the 
alternate test procedure set forth in paragraph (2).
---------------------------------------------------------------------------

    \15\ Basic model 2000VS was initially included twice in 
CellarPro's petition, prior to a clarifying email on October 26, 
2020 from CellarPro stating that this repeated model was intended to 
be basic model 2000VS 220V (CellarPro, No. 7).

                                             CellarPro Basic Models
----------------------------------------------------------------------------------------------------------------
                                                                                      Maximum         Maximum
                                                      Minimum         Maximum     evaporator fan   condenser fan
                                 Catalog models      operating       operating       external        external
          Basic model              under basic      temperature     temperature       static          static
                                   model group       ([deg]F)        ([deg]F)        pressure        pressure
                                                                                      (inwg)          (inwg)
----------------------------------------------------------------------------------------------------------------
1800QTL.......................  1800QTL, 1800QTL-             45              65            0.00            0.00
                                 L.
1800QT........................  Same............              45              65            0.00            0.00
1800XT........................  Same............              45              65            0.00            0.00
1800XTS.......................  1800XTS, 1800XTS-             45              65            0.00            0.00
                                 B.
1800XTSx......................  Same............              45              65            0.00            0.00
1800XT 220V...................  Same............              45              65            0.00            0.00
1800XTS 220V..................  Same............              45              65            0.00            0.00
1800XTx 220V..................  Same............              45              65            0.00            0.00
1800H.........................  Same............              51              65            0.09            0.09
1800H 220V....................  Same............              51              65            0.09            0.09
2000VS........................  2000VSi, 2000VSx              45              65            0.19            0.19
2000VS 220V...................  2000VSi 220V,                 45              65            0.19            0.19
                                 2000VSx 220V.
3200VS........................  3200VSi, 3200VSx              45              65            0.25            0.25
4200VS........................  4200VSi,                      45              65            0.25            0.25
                                 4200VSx,
                                 4200VSi-B,
                                 4200VSi-L.
4200VS 220V...................  4200VSi 220V,                 45              65            0.25            0.25
                                 4200VSx 220V.
6200VS........................  6200VSi, 6200VSx              45              65            0.25            0.25
8200VS........................  8200VSi, 8200VSx              45              65            0.25            0.25
3000S.........................  3000S, 3000Sqc..              45              65            0.25            0.00
3000Scm.......................  Same............              47              65            0.00            0.00
3000Scmr......................  Same............              45              65            0.25            0.00
3000Sh........................  3000Sh, 3000Shqc              45              65            0.25            0.00
4000S.........................  4000S, 4000Sqc..              45              65            0.25            0.00
4000S 220V....................  Same............              45              65            0.25            0.00
4000Scm.......................  Same............              47              65            0.00            0.00
4000Scmr......................  Same............              45              65            0.25            0.00
4000Sh........................  4000Sh, 4000Shqc              45              65            0.25            0.00

[[Page 11978]]

 
4000Shwc......................  Same............              45              65            0.25            0.00
4000Swc.......................  Same............              45              65            0.25            0.00
6000S.........................  Same............              45              65            0.25            0.00
----------------------------------------------------------------------------------------------------------------

    (2) The alternate test procedure for the CellarPro basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for Walk-in Cooler Refrigeration Systems prescribed by DOE at 
10 CFR part 431, subpart R, appendix C (``Appendix C to Subpart R''), 
except as detailed below. All other requirements of Appendix C to 
Subpart R, and DOE's regulations remain applicable.
    In Appendix C to Subpart R, revise section 3.1.1 (which specifies 
modifications to AHRI 1250-2009 (incorporated by reference; see Sec.  
431.303)) to read:
    3.1.1. In Table 1, Instrumentation Accuracy, refrigerant 
temperature measurements shall have an accuracy of <plus-minus>0.5 
[deg]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 <plus-minus>0.25 [deg]F; all other 
temperature measurements shall be accurate to within <plus-minus>1.0 
[deg]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 
single-packaged 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Unit cooler
                                     Unit cooler    air entering    Condenser air      Maximum
         Test description           air entering      relative      entering dry-   condenser air         Compressor status            Test objective
                                      dry-bulb,      humidity, %    bulb, [deg]F    entering wet-
                                       [deg]F            \1\                        bulb, [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
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:
\1\ The 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Unit cooler
                                     Unit cooler    air entering    Condenser air      Maximum
         Test description           air entering      relative      entering dry-   condenser air         Compressor status            Test objective
                                      dry-bulb,      humidity, %    bulb, [deg]F    entering wet-
                                       [deg]F            \1\                        bulb, [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.

[[Page 11979]]

 
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:
\1\ The 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, single-packaged 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 Sec.  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
P<INF>b</INF> Barometric pressure, in. Hg
T<INF>db</INF> Dry-bulb temperature of air at inlet, [deg]F
T<INF>wb</INF> Wet-bulb temperature of air at inlet, [deg]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 x 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

[[Page 11980]]

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:
    [GRAPHIC] [TIFF OMITTED] TN01MR21.000
    
    (3) Representations. CellarPro 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 CellarPro are valid. If 
CellarPro 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 
CellarPro 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, CellarPro may request 
that DOE rescind or modify the Interim Waiver Order if CellarPro 
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).

[[Page 11981]]

    (6) Issuance of this Interim Waiver Order does not release 
CellarPro 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. CellarPro 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, CellarPro 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 
22, 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 23, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
BILLING CODE 6450-01-P

[[Page 11982]]

[GRAPHIC] [TIFF OMITTED] TN01MR21.001


[[Page 11983]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.002


[[Page 11984]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.003


[[Page 11985]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.004


[[Page 11986]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.005


[[Page 11987]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.006


[[Page 11988]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.007


[[Page 11989]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.008


[[Page 11990]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.009


[[Page 11991]]


[GRAPHIC] [TIFF OMITTED] TN01MR21.010

[FR Doc. 2021-04062 Filed 2-26-21; 8:45 am]
BILLING CODE 6450-01-C


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>