[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43633-43648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16997]


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DEPARTMENT OF ENERGY

[Case Number 2021-006; EERE-2021-BT-WAV-0014]


Energy Conservation Program: Notification of Petition for Waiver 
of RefPlus Inc. 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.

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SUMMARY: This notification announces receipt of and publishes a 
petition for waiver and interim waiver from RefPlus, Inc. 
(``RefPlus''), which seeks a waiver

[[Page 43634]]

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

DATES: Written comments and information are requested and will be 
accepted on or before September 9, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Alternatively, 
interested persons may submit comments, identified by docket number 
EERE-2021-BT-WAV-0014, by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: to <a href="/cdn-cgi/l/email-protection#66342320362a333554565457312730565657522603034802090348010910"><span class="__cf_email__" data-cfemail="e7b5a2a1b7abb2b4d5d7d5d6b0a6b1d7d7d6d3a78282c9838882c9808891">[email protected]</span></a>. Include docket number 
EERE-2021-BT-WAV-0014 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the Covid-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the 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-2021-BT-WAV-0014. 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 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#86c7d5d9d1e7eff0e3f4d9d4e3f7f3e3f5f2c6e3e3a8e2e9e3a8e1e9f0"><span class="__cf_email__" data-cfemail="9edfcdc1c9fff7e8fbecc1ccfbefebfbedeadefbfbb0faf1fbb0f9f1e8">[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#521f3b313a33373e7c193b363d123a237c363d377c353d24"><span class="__cf_email__" data-cfemail="064b6f656e67636a284d6f6269466e772862696328616970">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In this notice, DOE is publishing RefPlus's 
petition for waiver in its entirety, pursuant to 10 CFR 
431.401(b)(1)(iv)).\1\ DOE is also publishing the Interim Waiver Order 
granted to RefPlus, which serves as notification of DOE's determination 
regarding RefPlus's petition for an interim waiver, pursuant to 10 CFR 
431.401(e)(1)(ii). DOE invites all interested parties to submit in 
writing by September 9, 2021, comments and information on all aspects 
of the petition, including the alternate test procedure. Pursuant to 10 
CFR 431.401(d), any person submitting written comments to DOE must also 
send a copy of such comments to the petitioner. The contact information 
for the petitioner is Michel Lecompte, <a href="/cdn-cgi/l/email-protection#93fefff6f0fcfee3e7f6d3e1f6f5e3ffe6e0bdf0fcfe"><span class="__cf_email__" data-cfemail="93fefff6f0fcfee3e7f6d3e1f6f5e3ffe6e0bdf0fcfe">[email protected]</span></a>, 2777, 
Grande-All[eacute]e St-Hubert, Quebec Canada, J4T 2R4.
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    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
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    Submitting comments via www.regulations.gov. The 
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 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 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 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 www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to 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. Faxes will not be accepted.

[[Page 43635]]

    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 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. 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 2021-006

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, Public Law 94-163 (42 U.S.C. 6291-6309, as codified), added by 
the National Energy Conservation Policy Act, Public Law 95-619, sec. 
441 (Nov. 9, 1978), established the Energy Conservation Program for 
Certain Industrial Equipment, which sets forth a variety of provisions 
designed to improve 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 
(collectively ``walk-ins''), the subject of this Interim Waiver Order. 
(42 U.S.C. 6311(1)(G)).
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    \2\ All references to EPCA in this document refer to the statute 
as amended through 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.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6311), energy 
conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C. 
6314), labeling provisions (42 U.S.C. 6315), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the covered equipment 
complies with relevant standards promulgated under EPCA. (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)).
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered equipment. EPCA requires that any test procedures 
prescribed or amended under this section must be reasonably designed to 
produce test results which reflect the energy efficiency, energy use or 
estimated annual operating cost of covered equipment during a 
representative average use cycle and requires that test procedures not 
be unduly burdensome to conduct. (42 U.S.C.6314(a)(2)) The test 
procedure for walk-in refrigeration systems is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR part 431, subpart R, appendix 
C, Uniform Test Method for the Measurement of Net Capacity and AWEF of 
Walk-In Cooler and Walk-In Freezer Refrigeration Systems (``Appendix 
C'').
    Under 10 CFR 431.401, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the product type 
in a manner representative of the energy consumption characteristics of 
the basic model. 10 CFR 431.401(b)(1)(iii). DOE may grant the waiver 
subject to conditions, including adherence to alternate test 
procedures. 10 CFR 431.401(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 431.401(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule to that effect. 
Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 431.401(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 
431.401(h)(1).
    If DOE ultimately denies the petition for waiver, or if the 
alternate test procedure specified in the interim waiver differs from 
the alternate test procedure specified by DOE in a subsequent Decision 
and Order, DOE will provide a period of 180 days before the 
manufacturer is required to use the DOE test procedure or the alternate 
test procedure specified in the Decision and Order to make 
representations of energy efficiency. 10 CFR 431.401(i).\4\ When

[[Page 43636]]

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)(3).
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    \4\ In proposing an amendment to 10 CFR 431.401(i), DOE stated 
that--``The 180 day duration was proposed because that time frame is 
consistent with the EPCA provision that provides manufacturers 180 
days from issuance of a new or amended test procedure to begin using 
that test procedure for representation of energy efficiency.'' 84 FR 
18414, 18416 (May 1, 2019); (See 42 U.S.C. 6293(c)(2)). In the final 
rule published December 11, 2020, stated that it was maintaining the 
180-day grace period as proposed. 85 FR 79802, 79813. As such, were 
a Decision and Order issued with an alternate test procedure that 
differed from that required under this interim waiver, beginning 180 
days following publication of the Decision and Order any 
representations made by the petitioner must fairly disclose the 
results of testing in accordance with the alternate test procedure 
specified by the final Order and the applicable requirements of 10 
CFR part 429.
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II. RefPlus's Petition for Waiver and Interim Waiver

    On June 2, 2021, DOE received \5\ from RefPlus a petition for 
waiver and interim waiver from the test procedure for walk-in 
refrigeration systems set forth at 10 CFR part 431, subpart R, appendix 
C. (RefPlus, No. 1 at p. 1).\6\ DOE received an updated petition for 
waiver and interim waiver from RefPlus on July 12, 2021. (RefPlus, No. 
2 at p. 1). The updated petition specifies additional basic models to 
be considered under the waiver request. (RefPlus, No. 2 at pp. 2-5). 
Pursuant to 10 CFR 431.401(b)(1)(iv), DOE has posted both petitions to 
the docket at, at: www.regulations.gov/docket/EERE-2021-BT-WAV-0014 and 
has reproduced the most recent petition for waiver in this notice.\7\
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    \5\ A petition submitted under 10 CFR 431.401 is considered 
``received'' on the date it is received by DOE through DOE's 
established email box for receipt of waiver petitions or, if 
delivered by mail, on the date the waiver petition is stamped as 
received by DOE. 10 CFR 431.401(e)(1)(iii).
    \6\ A notation in the form ``RefPlus, No. 1'' identifies a 
written submission: (1) Made by RefPlus; and (2) recorded in 
document number 1 that is filed in the docket of this petition for 
waiver (Docket No. EERE-2021-BT-WAV-0014) and available at 
www.regulations.gov/docket?D=EERE-2021-BT-WAV-0014.
    \7\ The petition did not identify any of the information 
contained therein as confidential business information.
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    RefPlus claims that the test conditions described in Table 15 and 
Table 16 of the Air-Conditioning, Heating, and Refrigeration Institute 
(``AHRI'') Standard 1250-2009, Standard for Performance Rating of Walk-
In Coolers and Freezers (``AHRI 1250-2009'') (for walk-in refrigerator 
unit coolers and freezer unit coolers tested alone, respectively), as 
incorporated by Appendix C with modification, cannot be achieved by the 
specified basic models and are not consistent with the operation of 
RefPlus's CO<INF>2</INF> direct expansion unit coolers. RefPlus also 
stated that CO<INF>2</INF> has a critical temperature of 87.8 
[deg]F,\8\ and thus the required liquid inlet saturation temperature of 
105 [deg]F and the required liquid inlet subcooling temperature of 9 
[deg]F are not achievable, and that the test conditions should be more 
consistent with typical operating conditions for a transcritical 
CO<INF>2</INF> booster system (RefPlus, No. 2, p. 5).
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    \8\ The test procedure specifies the unit cooler refrigerant 
inlet condition in terms of a saturation temperature (the 
temperature at which it completes the condensation process in a 
condenser) and the subcooling temperature (additional reduction in 
temperature lower than the specified saturation temperature). For 
CO<INF>2</INF>, the critical temperature above which there cannot 
exist separate liquid and gas phases is below the saturation 
condition specified in the test procedure, hence the specified 
condition cannot be achieved.
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    The statements made by RefPlus reference the difference in 
thermodynamic properties between CO<INF>2</INF> and other refrigerants. 
Many substances transition from a solid to a liquid to a gas at a given 
pressure as temperature increases. For example, a pure substance like 
water transitions from liquid to steam at a specific temperature, e.g. 
212 [deg]F, at atmospheric pressure. As heat is added during a liquid 
to gas transition, the temperature remains constant and the substance 
coexists as both liquid and vapor. Continuing to add heat converts more 
of the liquid to vapor at a constant temperature. The reverse occurs 
when heat is removed. However, the transition temperature depends on 
the pressure--the higher the pressure, the higher the transition 
temperature. This is a key principle in refrigeration systems, which 
operate at two pressure levels associated with two temperatures. A 
refrigerant absorbs heat when it is at a low temperature and pressure, 
converting to gas and cooling the surrounding space. At high 
temperature and pressure, the refrigerant transitions to a liquid while 
releasing heat to the environment. A compressor is used to raise a gas 
from low- high-pressure, and a throttle (pressure reduction device) is 
used to reduce the pressure once the refrigerant has been fully 
liquefied (condensed) at high pressure.
    All refrigerants have a ``critical temperature'' and an associated 
``critical pressure'' above which liquid and vapor phases cannot 
coexist. Above this critical point, the refrigerant will be a gas and 
its temperature will increase or decrease as heat is added or removed. 
For conventional refrigerants, the critical temperature is never 
exceeded in typical refrigeration cycles. For example, R404A is a 
common refrigerant used in refrigeration systems and has a critical 
temperature of 161.7 [deg]F with an associated critical pressure of 
540.8 psia.\9\ However, CO<INF>2</INF> behaves differently, with a 
critical temperature of 87.8 [deg]F and an associated critical pressure 
of 1,072 psia. The refrigerant temperature must be somewhat higher than 
the ambient temperature in order to reject refrigeration cycle heat to 
the ambient environment. Ambient temperatures greater than 87.8 [deg]F 
are common and the performance of many refrigeration and air 
conditioning systems are tested using a 95 [deg]F ambient temperature, 
as indicated by the A test condition in AHRI 1250-2009 Section 5. Above 
the critical temperature and critical pressure, the CO<INF>2</INF> 
refrigerant is in a supercritical state and heat is transferred to the 
environment. Since the temperature of the CO<INF>2</INF> refrigerant 
ranges from supercritical to subcritical within the system, 
CO<INF>2</INF> cycles are said to be ``transcritical.''
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    \9\ Absolute pressure is the pressure measured relative to a 
complete vacuum; ``psia'' represents the absolute pressure in pounds 
per square inch.
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    The transcritical nature of CO<INF>2</INF> generally requires a 
more complex refrigeration cycle design to approach the efficiency of 
traditional refrigerants (i.e., R404A, R407A, R448A, etc.) during 
operation in high temperature conditions. To increase efficiency and 
prevent overheating, transcritical booster systems introduce (or use) 
multiple stages of compression and intercooling. CO<INF>2</INF> is 
cooled in the gas cooler of a transcritical booster system, then 
expands through a high-pressure control valve and is delivered to a 
subcritical-pressure flash tank. In the flash tank, the refrigerant is 
in the subcritical phase and the liquid and vapor phases can be 
separated. In a CO<INF>2</INF> booster system, subcooled liquid 
refrigerant from the flash tank supplies the unit cooler via expansion 
valves where the refrigerant is evaporated. The evaporated refrigerant 
is subsequently compressed up to gas cooler pressure to complete the 
cycle (Docket EERE-2021-BT-WAV-0014, No. 5).
    As noted, RefPlus requests an interim waiver from the existing DOE 
test procedure. DOE will review the petition for interim waiver within 
45 business days of receipt of the petition. 10 CFR 431.401(e)(1)(ii). 
If DOE does not notify the applicant of the disposition of the petition 
for interim waiver, in writing, within 45 business days of receipt of 
the petition, the interim waiver is granted utilizing the alternate 
test procedure requested in the petition. Id. 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

[[Page 43637]]

reasons to grant immediate relief pending a determination of the 
petition for waiver. 10 CFR 431.401(e)(2).
    Based on the assertions in the petition, absent an interim waiver, 
the prescribed test procedure is not appropriate for RefPlus's 
CO<INF>2</INF> direct expansion unit coolers and the test conditions 
are not achievable. As discussed, CO<INF>2</INF> refrigerant has a 
critical temperature of 87.8 [deg]F and the current DOE test procedure 
calls for a liquid inlet saturation temperature of 105 [deg]F. The 
inability to achieve test conditions for the stated basic models would 
result in economic hardship from loss of sales stemming from the 
inability of the DOE test procedure to address the operating conditions 
of RefPlus's equipment. DOE has published decision and orders granting 
a waiver for other equipment relying on the same technology.\10\
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    \10\ See Notice of Decision and Order granting a waiver to HTPG 
(Case No. 2020-009; 86 FR 14887 (Mar. 19, 2021)); Notice of Decision 
and Order granting a waiver to Hussmann (Case No. 2020-010; 86 FR 
24606 (May 7, 2021)); Notice of Decision and Order granting a waiver 
to KeepRite (Case No. 2020-014; 86 FR 24603 (May 7, 2021)).
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III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use 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 covered equipment, including when demonstrating 
compliance with applicable DOE energy conservation standards. Pursuant 
to 10 CFR 431.401, and after consideration of public comments on the 
petition, DOE may establish in a subsequent Decision and Order an 
alternate test procedure for the basic models addressed by the Interim 
Waiver Order.
    RefPlus seeks to use an alternate test procedure to test and rate 
specific CO<INF>2</INF> direct expansion unit cooler basic models. 
RefPlus's suggested approach specifies using modified liquid inlet 
saturation and liquid inlet subcooling temperatures of 38 [deg]F and 5 
[deg]F, respectively, for both walk-in refrigerator unit coolers and 
walk-in freezer unit coolers. (RefPlus, No. 2 at p. 5). Additionally, 
RefPlus recommended that because the subject units are used in 
transcritical CO<INF>2</INF> booster systems, the calculations in AHRI 
1250-2009 section 7.9 should be used to determine Annual Walk-in 
Efficiency Factor (``AWEF'') and net capacity for unit coolers matched 
to parallel rack systems as required under the DOE test procedure. 
(RefPlus, No. 2 at pp. 5-6). This section of AHRI 1250-2009 is 
prescribed by the DOE test procedure for determining AWEF for all unit 
coolers tested alone (see 10 CFR part 431, subpart R, appendix C, 
section 3.3.1). Finally, RefPlus also recommended that AHRI 1250-2009 
Table 17, EER for Remote Commercial Refrigerated Display Merchandisers 
and Storage Cabinets, should be used to determine power consumption of 
CO<INF>2</INF> direct expansion unit cooler systems as required under 
the DOE test procedure (RefPlus, No. 2 at p. 5).

IV. Interim Waiver Order

    DOE has reviewed RefPlus's application for an interim waiver, the 
alternate test procedure requested by RefPlus, and the websites and 
product specification sheets for the basic models listed in RefPlus's 
petition. Based on this review, the suggested alternate test procedure 
appears to allow for the accurate measurement of the energy efficiency 
of the specified basic models, while alleviating the testing issues 
associated with RefPlus's implementation of walk-in cooler and walk-in 
freezer testing for these basic models. Review of the CO<INF>2</INF> 
refrigeration market confirms that the testing conditions and approach 
suggested by RefPlus would be representative for operation of a unit 
cooler used in a transcritical CO<INF>2</INF> booster system (Docket 
EERE-2021-BT-WAV-0014, No. 4). Specifically, CO<INF>2</INF> that is 
cooled in the gas cooler of a transcritical booster system expands 
through a high-pressure control valve that delivers CO<INF>2</INF> to a 
subcritical-pressure flash tank, where liquid and vapor phases of the 
refrigerant are separated. The liquid is then split, and the unit 
coolers receive the refrigerant at the same condition, consistent with 
the use of the same liquid inlet saturation temperature for both the 
medium- and low-temperature systems in RefPlus's suggested test 
approach. Calculations on other external CO<INF>2</INF> refrigeration 
system designs in the market indicate that the 38 [deg]F liquid unit 
cooler inlet saturation temperature suggested by RefPlus is 
representative of CO<INF>2</INF> booster systems (Docket EERE-2021-BT-
WAV-0014, No. 5). Regarding use of the EER values in AHRI 1250-2009 
Table 17 to determine the representative compressor power consumption 
for CO<INF>2</INF> unit cooler systems, research into the performance 
of different configurations of CO<INF>2</INF> booster systems shows 
that enhanced CO<INF>2</INF> cycles (like those used in transcritical 
booster systems) can match conventional refrigerants in average annual 
efficiency (Docket EERE-2021-BT-WAV-0014, No. 3). The findings from 
this research, along with the other collective factors previously 
noted, justify the use of the EER values in AHRI 1250-2009 Table 17 for 
determining the power consumption for CO<INF>2</INF> booster system 
evaporators, despite these EER values being initially established for 
systems using conventional refrigerants. Consequently, DOE has 
determined that RefPlus's petition for waiver likely will be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons to grant RefPlus immediate relief pending a determination of 
the petition for waiver.
    For the reasons stated, it is ordered that:
    (1) RefPlus must test and rate the following RefPlus-branded, 
CO<INF>2</INF> direct expansion unit cooler basic models with the 
alternate test procedure set forth in paragraph (2).

Basic Model Numbers:

BILLING CODE 6450-01-P

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[GRAPHIC] [TIFF OMITTED] TN10AU21.011


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[GRAPHIC] [TIFF OMITTED] TN10AU21.012

    (2) The alternate test procedure for the RefPlus basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for walk-in cooler and walk-in freezer refrigeration systems 
prescribed by DOE at 10 CFR

[[Page 43641]]

part 431, subpart R, appendix C (``Appendix C''), except that the 
liquid inlet saturation temperature test condition and liquid inlet 
subcooling temperature test condition shall be modified to 38 [deg]F 
and 5 [deg]F, respectively, for both walk-in refrigerator unit coolers 
and walk-in freezer unit coolers, as detailed below. All other 
requirements of Appendix C and DOE's regulations remain applicable.
    In Appendix C, under section 3.1. General modifications: Test 
Conditions and Tolerances, revise section 3.1.5., to read as follows:
    3.1.5. Tables 15 and 16 shall be modified to read as follows:
    [GRAPHIC] [TIFF OMITTED] TN10AU21.013
    

[[Page 43642]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.014

    (3) Representations. RefPlus may not make representations about the 
energy efficiency of a basic model listed in paragraph (1) for 
compliance, marketing, or other purposes unless that basic model has 
been tested in accordance with the provisions set forth in this 
alternate test procedure and such representations fairly disclose the 
results of such testing.
    (4) This Interim Waiver Order shall remain in effect according to 
the provisions of 10 CFR 431.401.
    (5) This Interim Waiver Order is issued on the condition that the 
statements, representations, test data, and documentary materials 
provided by RefPlus are valid. If RefPlus 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 RefPlus will either be required to use 
the current Federal test method or submit a new application for a test 
procedure waiver. DOE may rescind or modify this waiver at any time if 
it determines the factual basis underlying the petition for the Interim 
Waiver Order is incorrect, or the results from the alternate test 
procedure are unrepresentative of the basic model's true energy 
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, RefPlus 
may request that DOE rescind or modify the Interim Waiver Order if 
RefPlus discovers an error in the information provided to DOE as part 
of its petition, determines that the interim waiver is no longer 
needed, or for other appropriate reasons. 10 CFR 431.401(k)(2).
    (6) Issuance of this Interim Waiver Order does not release RefPlus 
from the applicable requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. RefPlus may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of CO<INF>2</INF> direct 
expansion unit coolers. Alternatively, if appropriate, RefPlus 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 August 3, 
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 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

[[Page 43643]]

the legal effect of this document upon publication in the Federal 
Register.

    Signed in Washington, DC, on August 5, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Application for Interim Waiver

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

CO2 Direct Expansion Unit Coolers in Medium and Low Temperature
[GRAPHIC] [TIFF OMITTED] TN10AU21.015

    The design characteristics constituting the grounds for the Interim 
Waiver Application:
    <bullet> Appendix C to Subpart R of Part 431--Uniform Test Method 
for the Measurement of Net Capacity and AWEF of Walk-in Cooler and 
Walk-in Freezer Refrigeration Systems specifies that unit coolers 
tested alone use the test procedures described in AHRI 1250-2009. Table 
15 and Table 16 of AHRI 1250-2009 are as follows:
[GRAPHIC] [TIFF OMITTED] TN10AU21.016


[[Page 43644]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.017

    <bullet> CO<INF>2</INF> refrigerant has a critical temperature of 
87.8 [deg]F thus the liquid inlet saturation temperature of 105 [deg]F 
and the liquid inlet subcooling temperature of 9 [deg]F as specified in 
Table 15 and Table 16 are not achievable.
    <bullet> The test condition values need to be more inline with 
typical operating conditions for a CO<INF>2</INF> refrigeration 
application
[GRAPHIC] [TIFF OMITTED] TN10AU21.018


[[Page 43645]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.019


[[Page 43646]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.020


[[Page 43647]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.021

    All these basic models with brand name: RefPlus
    Specific Requirements sought to be waived--Petitioning for a waiver 
and interim waiver to exempt CO<INF>2</INF> Direct Expansion Unit 
Coolers in Medium and Low Temperature application from being tested to 
the current test procedure. The prescribed test procedure is not 
appropriate for these products for the reasons stated previously 
(liquid inlet saturation temperature and liquid inlet subcooling 
temperature test condition values are not appropriate for a 
transcritical CO<INF>2</INF> booster system application).
    List of manufacturers of all other basic models marketing in the 
United States and known to the petitioner to incorporate similar design 
characteristics--

Manufacturer: Heatcraft Refrigeration Products
Manufacturer: Heat Transfer Products Group (HTPG)
Manufacturer: Hussmann Corp. (Krack)
Manufacturer: Keeprite Refrigeration

    Proposed alternate test procedure
    1. Utilize the test procedure as outlined in Appendix C to Subpart 
R of Part 431--Uniform Test Method for the Measurement of Net Capacity 
and AWEF of Walk-in Cooler and Walk-in Freezer Refrigeration Systems 
with reference to AHRI 1250-2009 with the exception of modifying the 
test conditions in Table 15 and 16 for liquid inlet saturation 
temperature and liquid inlet subcooling temperature as noted below. In 
addition, per Appendix C to Subpart R of 431 use the calculations in 
AHRI 1250 section 7.9 to determine AWEF and net capacity for unit 
coolers matched to parallel rack systems. Use AHRI 1250 Table 17, EER 
for Remote Commercial Refrigerated Display Merchandisers and Storage 
Cabinets to determine the power consumption of the system.
[GRAPHIC] [TIFF OMITTED] TN10AU21.022


[[Page 43648]]


[GRAPHIC] [TIFF OMITTED] TN10AU21.023

    Success of the application for Interim Waiver will: ensure that 
manufacturers of CO<INF>2</INF> Direct Expansion Unit Coolers in Medium 
and Low Temperature application can continue to participate in the 
market
    What economic hardship and/or competitive disadvantage is likely to 
result absent a favorable determination on the Application for Interim 
Waiver--Economic hardship will be loss of sales due to not meeting the 
DOE requirements set forth.

Conclusion

    RefPlus Inc. seeks an Interim Waiver from DOE's current requirement 
to test CO<INF>2</INF> direct expansion unit coolers.

Request Submitted by:
/s/
Michel Lecompte,
Vice-President, Research & Development Refplus Inc.

[FR Doc. 2021-16997 Filed 8-9-21; 8:45 am]
BILLING CODE 6450-01-C


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