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[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28422-28428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13113]

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DEPARTMENT OF ENERGY

[Case No. 2017-009]

Notice of Petition for Waiver of Jamison Door Company From the 
Department of Energy Walk-in Cooler and Walk-in Freezer Test Procedure, 
and Notice of Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver and grant of an interim waiver 
and request for comments.

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SUMMARY: This document announces receipt of, and publishes a petition 
for waiver from, Jamison Door Company (``Jamison''), which seeks an 
exemption from specified portions of the U.S. Department of Energy 
(``DOE'') test procedure used for determining the energy consumption of 
walk-in cooler and walk-in freezer doors (collectively, ``walk-in 
doors''). Jamison seeks to use an alternate test procedure to address 
issues involved in testing the basic models identified in its petition. 
Jamison asserts in its petition that the percent time off (``PTO'') 
value specified in the test procedure for walk-in door motors is 
unrepresentative of actual performance and causes the test procedure to 
over-estimate the energy use of the motors used in a number of its 
walk-in door basic models. Accordingly, Jamison seeks to test and rate 
the basic models identified in its petition using an alternative PTO 
value for walk-in door motors. DOE is granting Jamison an interim 
waiver from the DOE's walk-in door test procedure for its specified 
basic models, subject to use of the alternative test procedure as set 
forth in this document. DOE solicits comments, data, and information 
concerning Jamison's petition and its suggested alternate test 
procedure to inform its final decision on Jamison's waiver request.

DATES: DOE will accept comments, data, and information with respect to 
the Jamison petition until July 19, 2018.

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 ``2017-009'', and Docket number ``EERE-2017-BT-WAV-0040,'' 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the 
case number [Case No. 2017-009] in the subject line of the message.
     Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case 
No. 2017-009, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
If possible, please submit all items on a compact disc (``CD''), in 
which case it is not necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Room 6055, Washington, DC 20024. If possible, please 
submit all items on a compact disc (``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 section V 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-2017-BT-WAV-0040. The docket web page contains simple 
instruction on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence 
Avenue SW, Washington, DC 20585-

[[Page 28423]]

0121. Email: [email protected].
    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: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA'' or ``the Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, 
as codified), among other things, authorizes DOE to regulate the energy 
efficiency of a number of consumer products and industrial equipment. 
Title III, Part C \2\ of EPCA, added by the National Energy 
Conservation 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 
energy efficiency for certain types of industrial equipment. This 
equipment includes walk-in coolers and walk-in freezers, the focus of 
this document. (42 U.S.C. 6311(1)(G))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015, 
Public Law 114-11 (April 30, 2015).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of the Act 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 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 must 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 reflecting the energy efficiency, energy use, or estimated 
annual operating costs during a representative average use cycle or 
period of use, and requires that test procedures not be unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(2)) The test procedure for 
walk-in doors is contained in 10 CFR part 431, subpart R, appendix A.
    The regulations set forth in 10 CFR 431.401 provide that upon 
receipt of a petition, 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 procedure, 
or that the prescribed test procedure evaluates 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).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. Id. 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. 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. Jamison's Petition for Waiver and Application for Interim Waiver

    On July 26, 2017, Jamison filed a petition for waiver and a 
petition for interim waiver from the test procedure applicable to walk-
in doors set forth in 10 CFR part 431, subpart R, appendix A \3\ 
Appendix A accounts for the power consumption of all electrical 
components associated with each door and discounts the power 
consumption of electrical components based on their operating time by 
an assigned PTO value. 10 CFR part 431, subpart R, appendix A, section 
4.5.2 Section 4.5.2 specifies a PTO of 25% for ``other electricity-
consuming devices'' (i.e., electrical devices other than lighting or 
anti-sweat heaters) that have demand-based controls, and a PTO of 0% 
for other electricity-consuming devices without a demand-based control. 
(Id.) As described in its petition, the walk-in door basic models 
specified by Jamison are designed with door motors, which are 
considered ``other electricity-consuming devices'' with demand-based 
control.
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    \3\ Jamison's petition for waiver and petition for interim 
waiver can be found in the regulatory docket at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0040-0002.
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    In its petition, Jamison states that the DOE test procedure would 
grossly overstate the energy used by the motorized door models 
identified in its waiver request.\4\ Jamison explains that assuming a 
more favorable application of a 25% PTO (as opposed to a 0% PTO) would 
imply that the door motor is running 18 hours per day, which is 
unrealistic for the walk-in doors specified in its petition given 
typical door motor use patterns of such doors. Thus, in light of the 
implications stemming from the assumptions built into the test 
procedure's prescribed PTO value, Jamison petitioned DOE for permission 
to apply a PTO value of 93.5% for walk-in door motors that move doors 
at a speed of at least 12 inches per second (``in/s'') or faster.
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    \4\ Due to the lengthy list of affected walk-in door basic 
models covered by Jamison's July 26, 2017 petition, DOE is making 
the complete list publicly available in the relevant regulatory 
docket. The specific basic models identified in Appendix I of the 
petition can be found in the docket at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0040-0002.
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    Jamison's suggested PTO value is dependent on its assumptions 
regarding the doors' size, motor speed and use frequency--that is, how 
many times per day the doors are opened. As an example, Jamison offered 
that its 96-inch doors have an average drive cycle time of 6 seconds 
and may undergo 40 door opening events per hour. Applying

[[Page 28424]]

these assumptions, Jamison stated that the door motor would be in 
operation for 240 seconds per hour, equivalent to a 93.3% PTO value.
    Although not in the context of electricity-consuming devices, DOE 
previously considered the operational characteristics of passage and 
freight doors \5\ in proposing a procedure to determine the energy use 
associated with infiltration resulting from the opening of the walk-in 
doors. 75 FR 55068, 55085 (September 9, 2010) (supplemental proposal 
discussing potential assumptions to apply to address air infiltration 
across door types). In that context, DOE proposed, based on market 
research and stakeholder feedback, that passage and freight doors have 
60 and 120 door openings per day, respectively. Id.\6\ Those values 
correlate to fewer cycles than assumed in the Jamison analysis and are 
consistent with higher PTO values. Jamison notes that with a 6-second 
motor cycle time, freight doors operating with the DOE assumed 
frequency would run 30 seconds per hour, equivalent to a PTO of 99.2%. 
However, Jamison's petition seeks to apply the same PTO value to its 
listed basic models that are 24 to 288 inches (i.e. 2 to 24 feet) wide 
and have motors driven at a minimum speed of 12 inches per second 
(``in/s''). Assuming the largest door covered by the waiver (24 feet) 
is paired with the slowest covered motor (12 in/s), the most 
consumptive scenario, the proposed 93.5% PTO would correspond to 117 
door openings per day, approximately equal to the 120 cycles per day 
previously assumed for freight doors by DOE. Accordingly, DOE believes 
that the PTO value that Jamison seeks to use for the specified basic 
models is appropriate.
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    \5\ DOE defines a freight door as a door that is not a display 
door and is equal to or larger than 4 feet wide and 8 feet tall and 
a passage door as a door that is not a freight door or display door. 
Jamison's petition for waiver does not offer specific door 
dimensions of each basic model; instead Jamison gives the door face 
area for each basic model and minimum and maximum lengths and widths 
of Jamison doors. However, the range of dimensions in the petition 
indicate that the listed basic models include both freight and 
passage doors.
    \6\ DOE's prior consideration did not distinguish between 
motorized and non-motorized doors and DOE ultimately determined not 
to include door opening infiltration measurements of the test 
procedure for walk-ins. See 76 FR 21580, 21595 (April 15, 2011).
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    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). DOE understands that absent an interim waiver, Jamison's 
specified basic models cannot be tested and rated for energy 
consumption on a basis representative of their true energy consumption 
characteristics. DOE has reviewed the alternate procedure suggested by 
Jamison and concludes that the PTO value suggested by Jamison would 
allow for an accurate estimation of its walk-in door motor's energy 
use, and alleviate the problems with walk-in door testing identified by 
Jamison for the basic models specified in its petition. Thus, it 
appears likely that Jamison's petition for waiver will be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant Jamison immediate relief pending a determination of 
the petition for waiver.

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of products covered by the statute. (42 U.S.C. 
6314(d)) Consistent representations are important for manufacturers to 
use in making representations about the energy efficiency of their 
products and to demonstrate compliance with applicable DOE energy 
conservation standards. Pursuant to the regulations applicable to 
waivers and interim waivers from applicable test procedures at 10 CFR 
431.401 and after considering public comments on the petition, DOE will 
announce its decision as to an alternate test procedure for the 
equipment identified by Jamison in a subsequent Decision and Order.
    In its petition, Jamison suggests that the basic models listed in 
the petition must be tested according to the test procedure for walk-in 
doors prescribed by DOE at 10 CFR part 431, subpart R, appendix A, 
except that the PTO value for door motors is modified from 25% to 93.5% 
for freight and passage doors.
    During the period of the interim waiver in this document, the 
petitioner must test the specified basic models according to the test 
procedure as discussed in this section, i.e., using a PTO value of 
93.5%.

IV. Summary of Grant of an Interim Waiver

    DOE has analyzed the technical performance data provided by Jamison 
and agrees that for the basic models specified in the waiver, the 
suggested 93.5% PTO for the door motors used in the specified models is 
more representative of actual energy use than the existing value of 
25%. Based on Jamison's information, DOE concludes that a 93.5% PTO 
adequately accounts for the specified basic model's wide range in door 
sizes and door motor speeds.
    For the reasons above, DOE is granting Jamison's petition for 
interim waiver from testing for its specified walk-in door basic 
models. The substance of DOE's Interim Waiver Order is summarized 
below.
    Jamison is required to use the alternate test procedures set forth 
in this document to test and rate the walk-in door basic models listed 
in Appendix I of its July 26, 2017 petition. See https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&D=EERE-2017-BT-WAV-0040. Jamison is permitted to make representations of the energy use of 
these basic models for compliance, marketing, or other purposes only to 
the extent that such products have been tested in accordance with the 
provisions set forth in the alternate test procedure and such 
representations fairly disclose the results of such testing in 
accordance with 10 CFR 429.53.
    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. Jamison 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). In addition, DOE notes that granting of an interim waiver 
or waiver does not release a petitioner from the certification 
requirements set forth at 10 CFR part 429. See also 10 CFR 431.401(a) 
and (i).
    Unless otherwise rescinded or modified, the interim waiver shall 
remain in effect consistent with 10 CFR 431.401(h). DOE may rescind or 
modify a waiver or interim waiver at any time upon a determination that 
the factual basis underlying the petition for waiver or interim waiver 
is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic model's true 
energy consumption characteristics. See 10 CFR 431.401(k). Furthermore, 
the interim waiver is conditioned upon the validity of the door motor 
performance characteristics, statements, representations, and 
documentary materials provided by Jamison.

V. Summary and Request for Comments

    DOE is publishing Jamison's petition for waiver in its entirety, 
pursuant to 10 CFR 431.401(b)(1)(iv), absent any

[[Page 28425]]

confidential business information. Jamison did not request any of the 
information in its petition to be considered confidential business 
information. The petition includes a suggested alternate test 
procedure, as specified in section III of this document, to determine 
the efficiency of Jamison's specified basic models of walk-in doors. 
DOE may consider including the alternate procedure specified in the 
Interim Waiver Order in a subsequent Decision and Order.
    DOE invites all interested parties to submit in writing by July 19, 
2018, 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 Jason Derrick, [email protected], 55 J.V. Jamison Drive 
Hagerstown, MD 21740-3916.
    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. 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, or mail. Comments and 
documents submitted via email, hand delivery, or 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 mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will 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 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.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    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).

    Signed in Washington, DC, on June 8, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
BILLING CODE 6450-01-P

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[FR Doc. 2018-13113 Filed 6-18-18; 8:45 am]
 BILLING CODE 6450-01-C
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