[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47631-47640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18323]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Case Number 2020-024; EERE-2020-BT-WAV-0040]


Energy Conservation Program: Notification of Petition for Waiver 
of LRC Coil 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 LRC Coil Company (``LRC Coil''), 
which seeks a waiver for specified walk-in unit cooler 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 LRC Coil to test and rate the specified walk-in 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 LRC Coil's petition and the alternate test 
procedure specified in the Interim Waiver Order so as to inform DOE's 
final decision on LRC Coil's waiver request.

DATES: The Interim Waiver Order is effective on August 26, 2021. 
Written comments and information are requested and will be accepted on 
or before September 27, 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-2020-BT-WAV-0040, 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#e7abb5a4b0aea4a1d5d7d5d7b0a6b1d7d7d3d7a78282c9838882c9808891"><span class="__cf_email__" data-cfemail="f4b8a6b7a3bdb7b2c6c4c6c4a3b5a2c4c4c0c4b49191da909b91da939b82">[email protected]</span></a>. Include docket number 
EERE-2020-BT-WAV-0040 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 www.regulations.gov/docket/EERE-2020-BT-WAV-0040. 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#b7f6e4e8e0d6dec1d2c5e8e5d2c6c2d2c4c3f7d2d299d3d8d299d0d8c1"><span class="__cf_email__" data-cfemail="49081a161e28203f2c3b161b2c383c2c3a3d092c2c672d262c672e263f">[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#7835111b10191d145633111c17381009561c171d561f170e"><span class="__cf_email__" data-cfemail="4b062228232a2e276500222f240b233a652f242e652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE is publishing LRC Coil's petition for 
waiver in its entirety,\1\ pursuant to 10 CFR 431.401(b)(1)(iv).\2\ DOE 
invites all interested parties to submit in writing by September 27, 
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: Mike Williams, <a href="/cdn-cgi/l/email-protection#5f3228363333363e322c1f332d3c3c303633713c3032"><span class="__cf_email__" data-cfemail="7d100a141111141c100e3d110f1e1e121411531e1210">[email protected]</span></a>, 3861 E 42nd Place, 
Yuma, AZ 85365.
---------------------------------------------------------------------------

    \1\ On December 11, 2020, DOE published an amendment to 10 CFR 
431.401 regarding the processing of petitions for an interim waiver, 
which became effective beginning January 11, 2021. 85 FR 79802. The 
subject petition was received prior to the effective date of that 
amendment and therefore is being processed pursuant to the 
regulation in effect at the time of receipt, i.e., the disposition 
of the petition for an interim waiver is pursuant to 10 CFR 
431.401(e) and (h) in the 10 CFR parts 200 to 499 edition revised as 
of January 1, 2021.
    \2\ The petition did not identify any of the information 
contained therein as confidential business information.
---------------------------------------------------------------------------

    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

[[Page 47632]]

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.
    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. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

Case Number 2020-024

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\3\ 
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 \4\ 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 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 focus of this document. (42 U.S.C. 6311(1)(G))
---------------------------------------------------------------------------

    \3\ 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).
    \4\ 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), 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(a); 
42 U.S.C. 6299).
    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 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,\5\ 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).
---------------------------------------------------------------------------

    \5\ On December 11, 2020, DOE amended 10 CFR 431.401 regarding 
the processing of petitions for an interim waiver that became 
effective on January 11, 2021. The subject petition was received 
prior to the effective date of that amendment and therefore is being 
processed pursuant to the regulation in effect at the time of 
receipt. Accordingly, all references to 10 CFR 431.401 refer to the 
version in place as of the date of LRC Coil's December 1, 2020 
petition for interim waiver and waiver.
---------------------------------------------------------------------------

    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

[[Page 47633]]

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) (10 CFR 
parts 200 to 499 edition revised as of January 1, 2021). 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) 
(10 CFR parts 200 to 499 edition revised as of January 1, 2021).
    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).\6\ 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) (10 CFR parts 200 to 499 edition revised as of January 1, 
2021).
---------------------------------------------------------------------------

    \6\ 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.
---------------------------------------------------------------------------

II. LRC Coil's Petition for Waiver and Interim Waiver

    In a letter docketed on December 1, 2020, LRC Coil filed a petition 
for waiver and interim waiver from the test procedure for walk-in 
cooler and walk-in freezer refrigeration systems set forth at Appendix 
C. (LRC Coil, No. 1 at pp. 1-4 \7\) In response to questions from DOE, 
LRC submitted an updated petition for waiver and interim waiver, 
docketed on August 6, 2021. (LRC Coil, No. 11 at pp. 1-3).
---------------------------------------------------------------------------

    \7\ A notation in this form provides a reference for information 
that is in the docket for this test procedure waiver (Docket No. 
EERE-2020-BT-WAV-0040) (available at www.regulations.gov/docket/EERE-2020-BT-WAV-0040). This notation indicates that the statement 
preceding the reference is document number 1 in the docket and 
appears at pages 1-4 of that document.
---------------------------------------------------------------------------

    The primary assertion in the petition is that absent an interim 
waiver 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 
LRC Coil's petition, the specified basic models of walk-in unit coolers 
operate at a temperature range of 45 [deg]F to 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. 
LRC Coil also states that the specified basic models are ``split 
cooling systems for walk-in wine cellars'' that operate at temperature 
and relative humidity ranges optimized for the long-term storage of 
wine and are usually located in air-conditioned spaces. LRC Coil 
contends that because of these characteristics, wine cellar walk-in 
unit cooler systems differ from other walk-in cooler refrigeration 
systems in their walk-in box temperature setpoint, walk-in box relative 
humidity, low/high load split,\8\ and compressor efficiency.
---------------------------------------------------------------------------

    \8\ 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.
---------------------------------------------------------------------------

    LRC Coil states that the specified basic models are designed to 
provide a cold environment at a temperature range between 45 [deg]F to 
65 [deg]F with 50-70 percent relative humidity (``RH''), and typically 
are kept at 55 [deg]F and 55 percent RH rather than the 35 [deg]F and 
<50 percent RH test condition prescribed by the DOE test procedure. LRC 
Coil states that the refrigeration systems are designed solely for the 
purpose of long-term wine storage to mimic the temperature and humidity 
of natural caves. LRC Coil also asserts that wine cellars optimally 
operate between 45 [deg]F to 65 [deg]F, and notes that the design of 
their units prohibits their operation at room/entering air temperatures 
of less than 45 [deg]F. Although not specifically addressed in LRC 
Coil's request for waiver, DOE understands that operating the subject 
walk-in cooler refrigeration systems 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.
    The basic models listed in LRC Coil's petition include ``Evaporator 
Only Models'' which are not sold with a matched condensing unit (i.e., 
the unit cooler and condensing unit are not sold together as a pair). 
Although not explicitly identified by LRC in its petition, DOE notes 
that unit coolers that are not part of a matched pair must be tested 
according to the provisions in AHRI 1250-2020 for unit coolers tested 
alone.
    DOE has received multiple requests from wine cellar manufacturers 
for waiver and interim waiver from Appendix C. In light of these 
requests, DOE met with both AHRI and wine cellar walk-in cooler 
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'').\9\ This letter documents industry support for 
specific wine cellar walk-in cooler 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 wine cellar walk-in cooler refrigeration systems at

[[Page 47634]]

an external static pressure (``ESP'') \10\ of 50 percent of the maximum 
ESP to be specified by manufacturers for each basic model (AHRI August 
2020 Letter) is also included. LRC Coil's petition states that all 
basic models listed in the petition for waiver and interim waiver 
cannot be operated at a temperature less than 45 [deg]F and provides 
DOE with maximum ESP values for all ducted basic models specified in 
its petition.
---------------------------------------------------------------------------

    \9\ DOE's meetings with wine cellar refrigeration systems 
manufacturers 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-2020-BT-WAV-0040-0010.
    \10\ External static pressure is the sum of all the pressure 
resisting the fans. In this case, this is chiefly the resistance 
generated by the air moving through ductwork.
---------------------------------------------------------------------------

    LRC Coil also requests an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. 10 CFR 
431.401(e)(2).

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 products and 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.
    LRC Coil seeks to use an approach that would test and rate specific 
wine cellar walk-in unit cooler 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. LRC Coil also suggests using an air-return relative humidity 
of 55 percent, as opposed to <50 percent RH as prescribed in the 
current DOE test procedure. LRC Coil stated that wine cellar walk-in 
cooler refrigeration systems do not experience high- and low- 
temperature conditions, but rather operate at steady state in a 
predominantly air-conditioned environment, supporting the use of the 
correction factor to adjust for average usage. LRC Coil requested that 
a correction factor of 0.55 be applied to the final AWEF calculation to 
adjust for average usage.\11\ Finally, LRC Coil states that the 
external static pressure for testing systems with ducted evaporator air 
would be set to half of the reported maximum external static pressure.
---------------------------------------------------------------------------

    \11\ DOE notes that in petitions for waiver received from other 
manufacturers, petitioners suggested that the correction factor 
would account for the different use and load patterns of the 
specified basic models as compared to walk-in cooler refrigeration 
systems generally. See Notifications of Petition for Waiver and 
Grant of Interim Waiver for Air Innovations (86 FR 2403, 2407; Jan. 
12, 2021), CellarPro (86 FR 11972, 11976; Mar. 1, 2021), and 
Vinotheque (86 FR 11961, 11964; Mar. 1, 2021).
---------------------------------------------------------------------------

IV. Interim Waiver Order

    DOE has reviewed LRC Coil's application, its suggested testing 
approach, representations of the specified basic models on the website 
for the LRC Coil brand, related product catalogs, and information 
provided by LRC Coil and other wine cellar walk-in cooler refrigeration 
system manufacturers as discussed. Based on the assertions in the 
petition, absent an interim waiver, the DOE test procedure for walk-in 
cooler refrigeration systems would evaluate the subject basic models in 
a manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
Therefore, based on its review, DOE is granting an interim waiver that 
requires testing with a modified version of the testing approach 
suggested by LRC Coil.
    The modified testing approach would apply to unit cooler 
(evaporator) only models specified in LRC Coil's waiver petition 
Specified ducted basic models (RMD and VAH) and specified ductless 
basic models (SLA, SLPA, DQ, LPAQ, Q, CE, HS, RM, VRM, BK, CTIH, CTE, 
and WM) are unit coolers (evaporator units) designed to be paired with 
a remote condensing unit that is provided by a different manufacturer, 
in which refrigerant circulates between the ``evaporator unit'' (unit 
cooler) portion of the system and the ``remote condensing unit''. The 
refrigerant cools the wine cellar air in the evaporator unit, while the 
condensing unit rejects heat from the refrigeration system in a remote 
location, often outside. The evaporator unit of the ducted unit cooler 
system circulates air through ducts from the wine cellar to the 
evaporator unit and back to provide cooling, while the evaporator unit 
of the ductless unit cooler system may be ceiling-mounted, installed 
through-the-wall, or installed inside of the wine cellar for direct 
cooling. The capacity range of the specified basic models is from 1,500 
Btu/h to 36,000 Btu/h for the specified operating conditions for each 
of the models.\12\
---------------------------------------------------------------------------

    \12\ The specified operating conditions are 55 [deg]F room 
temperature (cold-side air entering), 38 [deg]F suction temperature 
(refrigerant saturation temperature), and 17 [deg]F TD (difference 
between the saturation temperature of the refrigerant inside the 
coil and the cold-side air entering temperature). The relative 
humidity of the cold-side air entering is not specified. An example 
series of specified models with capacity and condition information 
can be found at Docket No. EERE- 2020-BT-WAV-0040-0007.
---------------------------------------------------------------------------

    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 the specified basic models listed in the 
petition is based upon the representation by LRC Coil 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.
    Although not addressed by LRC Coil in its petition, the DOE test 
procedure for unit coolers tested alone requires use of an energy 
efficiency ratio (``EER'') value,\13\ which is necessary to calculate 
the compressor energy use that would be expended to handle the walk-in 
unit cooler load. Appendix C, Section 3.3.1. AHRI 1250-2020 section 7.8 
provides an EER table to calculate AWEF for low- and medium-temperature 
unit coolers tested alone--the table provides varying EER values, 
dependent on the adjusted dew point \14\ condition at the compressor 
inlet. However, LRC indicated that its walk-in unit coolers operate 
with a 38 [deg]F evaporating temperature, which exceeds the maximum 
temperature in the AHRI 1250-2020 table. Furthermore, the EER table 
represents efficiency of parallel rack systems (see the title of 
section 7.9 of AHRI 1250-2009, ``Walk-in Unit Cooler Match to Parallel 
Rack System''), which are typically used in supermarket

[[Page 47635]]

refrigeration systems.\15\ The EER values for parallel rack systems are 
not expected to be representative of the compressors used in the 
condensing units paired with wine cellar walk-in unit coolers.
---------------------------------------------------------------------------

    \13\ EER in this case represents the refrigeration load (in 
British thermal units (``Btu'')/hour (``h'')) required by the unit 
cooler divided by the compressor power (in watts (``W'')) required 
to provide that load.
    \14\ Adjusted dew point represents the pressure level at the 
unit cooler exit converted to its corresponding dew point 
temperature and adjusted for pressure loss in the suction line 
returning the refrigerant to the compressor. Dew point is the 
warmest temperature at which a refrigerant can exist in equilibrium 
in a two-phase liquid-vapor state at a given pressure--the dew point 
represents the two-phase evaporating refrigerant temperature in the 
unit cooler.
    \15\ See for example, ``Hussmann Parallel Rack Systems'', 
www.hussmann.com/ns/Technical-Documents/0427598_D_Rack_IO_EN.pdf.
---------------------------------------------------------------------------

    Therefore, DOE developed EER values appropriate to wine cellar 
walk-in cooler refrigeration systems. DOE obtained compressor 
performance data from Emerson and Tecumseh product websites (EERE-2020-
BT-WAV-0040, No. 0002 and No. 0008, respectively) for high-temperature 
refrigeration compressor models within the applicable capacity range 
(2,900 Btu/h to 36,000 Btu/h). DOE expects that the condensing units 
paired with wine cellar walk-in unit coolers will use either hermetic 
reciprocating or hermetic scroll compressors designed for use with HFC-
134a, R404A, or R407C refrigerants. Based on the compressor performance 
data, DOE calculated representative compressor EER levels for wine 
cellar walk-in unit coolers using the following parameters:
    <bullet> 38 [deg]F unit cooler exit dew point condition, as 
suggested by LRC (LRC Coil, No. 1 at pp. 3).
    <bullet> 2 [deg]F equivalent suction line dew point pressure drop, 
consistent with AHRI 1250-2009 section 7.9.1.
    <bullet> 7 [deg]F evaporator exit superheat, rounding to whole 
number values of the 6.5 [deg]F superheat test condition prescribed in 
the footnote to Table 15 of Appendix C in case a value is not provided 
in an installation manual.
    <bullet> 55 [deg]F refrigerant temperature entering the compressor, 
representing a 10 [deg]F refrigerant vapor temperature rise in the 
suction line, consistent with the temperature rise implied for medium-
temperature refrigeration system test conditions.\16\
---------------------------------------------------------------------------

    \16\ AHRI 1250-2009 Table 11 prescribes a return gas temperature 
(measured at the condensing unit inlet location) equal to 41 [deg]F 
for testing medium temperature condensing units. Also, Table 15 and 
Section 3.3.1 of Appendix C prescribe testing medium-temperature 
unit coolers using 25 [deg]F saturated suction temperature (this is 
the same as unit cooler exit dew point temperature), and 6.5 [deg]F 
superheat (in case the installation manual doesn't provide superheat 
requirements). Thus, the unit cooler exit temperature would be 25 
[deg]F + 6.5 [deg]F = 31.5 [deg]F, and the implied suction line 
temperature rise is 41 [deg]F-31.5 [deg]F = 9.5 [deg]F. The analysis 
conducted for wine cellars rounds this to 10 [deg]F.
---------------------------------------------------------------------------

    <bullet> 90 [deg]F annual average condensing temperature. This 
assumes that the condensing unit serving the unit cooler would be 
located outdoors and that head pressure control would prevent 
excessively cold condensing operation at cold outdoor temperatures.\17\
---------------------------------------------------------------------------

    \17\ Head pressure control refers to reduction of condenser heat 
transfer performance using fan cycling or other means when it is 
cold outside in order to avoid unusually low condensing temperature. 
Such low condensing temperatures are undesirable because they can 
reduce refrigeration system performance and/or increase risk of 
compressor damage. A typical minimum condensing temperature is 70 
[deg]F, which may apply whenever outdoor temperature is lower than 
50 [deg]F. DOE selected the 90 [deg]F annual average to be 
representative of operation that would involve condensing 
temperature ranging from 70 [deg]F to 120 [deg]F, since outdoor 
temperature varies.
---------------------------------------------------------------------------

    DOE plotted the calculated compressor EER values versus calculated 
unit cooler capacity and noted that the EER can significantly vary with 
capacity (EERE-2020-BT-WAV-0040, No. 0009). EER is generally low for 
low-capacity compressors and high for high-capacity compressors, with a 
transition region in between. Based on the plotted calculations, DOE 
determined for the purpose of the interim waiver that a representative 
value for EER should depend on capacity. As such, DOE developed 
different functions of EER for three distinct capacity ranges. Table 1 
summarizes these capacity ranges and EER functions for high-temperature 
compressors.

  Table 1--EER Values for High Temperature Compressors as a Function of
      Capacity for Wine Cellar Walk-In Cooler Refrigeration Systems
------------------------------------------------------------------------
           Capacity (Btu/hr)                      EER (Btu/Wh)
------------------------------------------------------------------------
<10,000...............................  11.
10,000-19,999.........................  (0.0007 x Capacity) + 4.
20,000-36,000.........................  18.
------------------------------------------------------------------------

    Section 3.3.7 of Appendix C specifies section 7.9 of AHRI 1250-2009 
for calculation of AWEF and net capacity for unit coolers tested alone. 
The alternate test procedure required under this interim waiver 
modifies section 3.3.7 of Appendix C to use the EER values provided in 
Table 1 for determining AWEF.
    The alternate test procedure required under the interim waiver also 
includes the following modifications to LRC Coil's suggested approach: 
For systems that can be installed with ducted evaporator air or without 
ducted evaporator 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.\18\ 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 the ESP that the unit would experience in the 
field.\19\ 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 \20\ using duct lengths 
and diameters published in LRC Coil's installation manuals.\21\ DOE's 
calculations show reasonable agreement with the maximum ESP values 
provided by LRC Coil 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 LRC Coil to 
be sufficiently representative.
---------------------------------------------------------------------------

    \18\ Inches of water column (``in. wc'') is a unit of pressure 
conventionally used for measurement of pressure differentials.
    \19\ 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.
    \20\ 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 
www.osti.gov/servlets/purl/836654 (Docket No. EERE-2020-BT-WAV-0040-
0006) and available at www.regulations.gov.
    \21\ Duct lengths and diameters can be found in LRC Coil's 
installation manuals at www.regulations.gov Docket No. EERE-2020-BT-
WAV-0040-0005, and EERE-2020-BT-WAV-0040-0004.
---------------------------------------------------------------------------

    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 unit 
cooler basic models that are not designed for the ducting of air, this 
design characteristic must be clearly stated.
    Additionally, if there are multiple evaporator fan speed settings, 
the speed setting in the unit's installation instructions would be used 
for testing. 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 by

[[Page 47636]]

symmetrically restricting the outlet duct.\22\
---------------------------------------------------------------------------

    \22\ 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 section 
C9.1.1.2 of AHRI 1250-2020 when using the indoor air enthalpy method 
with unit coolers.
    DOE notes that, despite the request from LRC Coil, it is not 
including a 0.55 correction factor in the alternate test procedure 
required by the Interim Waiver Order. The company sought to include a 
0.55 correction factor to adjust for average use, stating that wine 
cellars do not experience high- and low-load conditions, but rather 
operate at steady state conditions in a predominately air-conditioned 
environment, but did not provide any additional support for this 
recommendation. While not specifically addressed in the request for 
waiver submitted by LRC Coil, waivers submitted by other manufacturers 
have stated that the suggested 0.55 correction factor addresses the 
differences in run time and compressor inefficiency of wine cellar 
walk-in cooler refrigeration systems as compared to walk-in cooler 
refrigeration systems more generally and have suggested that the run 
time for wine cellar walk-in cooler refrigeration systems ranges from 
50 to 75 percent.\23\ 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 within the range suggested by other manufacturers of wine cellar 
walk-in cooler refrigeration systems as being representative for the 
specified basic models. As previously discussed, DOE regulates walk-in 
energy consumption at the component level, 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 walk-in cooler refrigeration systems. 
Accordingly, DOE has declined to adopt a correction factor for the 
equipment at issue.
---------------------------------------------------------------------------

    \23\ This runtime range was suggested by two other wine cellar 
walk-in refrigeration system manufacturers: Air Innovations and 
CellarPro. See 86 FR 2403, 2408 (Jan. 12, 2021) and 86 FR 11972, 
11977 (Mar. 1, 2021), respectively.
---------------------------------------------------------------------------

    Based on DOE's review of LRC Coil's petition, the required 
alternate test procedure specified 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 LRC Coil's implementation of wine cellar walk-in unit cooler 
testing for these basic models. Consequently, DOE has determined that 
LRC Coil's petition for waiver will likely be granted. Furthermore, DOE 
has determined that it is desirable for public policy reasons to grant 
LRC Coil immediate relief pending a determination of the petition for 
waiver.
    For the reasons stated, it is ordered that:
    LRC Coil must test and rate the following LRC branded wine cellar 
walk-in unit cooler basic models with the alternate test procedure set 
forth in paragraph (2).

                              Basic Models
SLA18-54Q                SLPA-26-62Q              DQ-207
SLA28-108Q               SLPA36-95Q               DQ-207C
SLA38-163Q               SLPA46-128Q              DQ-275
SLA48-217Q               SLPA56-162Q              DQ-275C
SLA58-270Q               SLPA66-200Q              DQ-345
SLA68-322Q                                        DQ-345C
                                                  DQ-432
                                                  DQ-541
                                                  DQ-650
 
LPA17-10Q                Q-500W                   CE1-28Q
LPA17-13Q                Q-750W                   CE2-89Q
LPA27-18Q                Q-1000W                  CD3-129Q
LPA27-23Q                Q-1350W
LPA37-32Q                Q-1640W
LPA47-42Q                Q-2000W
LPA57-55Q                Q-2600W
 
HS-25CLEC                RM-25EC                  RMD-25EC
HS-31CLEC                RM-35EC                  RMD-35EC
HS-47CLEC                RM-50EC                  RMD-50EC
HS-66CLEC                RM-65EC                  RMD-65EC
HS-87CLEC                RM-80EC                  RMD-80EC
HS-120CLEC
HS-25EC
HS-31EC
HS-47EC
HS-66EC
HS-87EC
HS-120EC
HS-180EC
 
VAH-25EC                 VRM-25EC                 BK17-40
VAH-31EC                 VRM-35EC                 BK27-60

[[Page 47637]]

 
VAH-47EC                 VRM-50EC
VAH-66EC                 VRM-65EC \24\
VAH-87EC                 VRM-80EC
VAH-120EC
VAH-180EC
 
CTIH-15                  CTE-15EC                 WM-15
CTIH-25                  CTE-25EC                 WM-25
CTIH-35                  CTE-35EC                 WM-35
CTIH-50                  CTE-50EC                 WM-50
CTIH-70
 

    (2) The alternate test procedure for the LRC Coil 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 and 
DOE's regulations remain applicable.
---------------------------------------------------------------------------

    \24\ LRC Coil lists VRM-65 in their petition for waiver and 
interim waiver (EERE-2020-BT-WAV-0040-0011). The basic model number 
has been modified since LRC Coil's product literature lists `VRM-
65EC' and all other VRM models have an `EC' appended to the end of 
the model number. Additionally, in a July 27, 2021 email, LRC Coil 
confirmed that all VAH series models should in in `EC'.
---------------------------------------------------------------------------

    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 3.1.5 (which specifies 
modifications to AHRI 1250-2009) and revise modifications to AHRI 1250-
2009 Table 15:
    3.1.5. Table 15 shall be modified to read:

                                                           Table 15--Refrigerator Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Unit cooler  Unit cooler
                                    air entering      air       Saturation   Liquid inlet  Liquid inlet
         Test description             dry-bulb      entering   temperature,   saturation    subcooling      Compressor capacity        Test objective
                                    temperature,    relative      [deg]F     temperature,  temperature,
                                       [deg]F     humidity, %                   [deg]F        [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power...............            55           55  ............  ............  ............  Compressor Off..........  Measure fan input
                                                                                                                                    power during
                                                                                                                                    compressor off
                                                                                                                                    cycle.
Refrigeration Capacity Suction A..            55           55            38           105             9  Compressor On...........  Determine Net
                                                                                                                                    Refrigeration
                                                                                                                                    Capacity of Unit
                                                                                                                                    Cooler.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F is shall be used. The superheat setting used in the test shall be reported as part of the standard rating.

    In Appendix C to Subpart R, revise section 3.3.1 (which specifies 
modifications to AHRI 1250-2009) to read:
    3.3.1. For unit coolers tested alone, use test procedures described 
in AHRI 1250-2009 (incorporated by reference; see Sec.  431.303) for 
testing unit coolers for use in mix-match system ratings, except that 
for the test conditions in Tables 15 and 16, use the Suction A 
saturation condition test points only. Determine AWEF as described in 
section 3.3.7.
    In Appendix C to Subpart R, revise section 3.3.3, and add sections 
3.3.3.1 and 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 compressor and the 
condenser fan of the walk-in system are 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, add new section 3.3.11 to read:
    3.3.11. For unit cooler systems tested alone 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. Set the external static 
pressure by symmetrically restricting the outlet of the test duct. In 
case of conflict, these requirements for setting evaporator

[[Page 47638]]

airflow take precedence over airflow values specified in manufacturer 
installation instructions or product literature.
    In Appendix C to Subpart R, revise section 3.3.7 (which specifies 
modifications to AHRI 1250-2009) to read:
    3.3.7. For unit coolers tested alone, calculate AWEF 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 with EER 
set according to tested evaporator capacity, as follows:
    For Unit Coolers Tested Alone:
    The net capacity, qmix,evap, is determined from the test data for 
the unit cooler at the 38 [deg]F suction dewpoint.
BILLING CODE 6717-01-P
[GRAPHIC] [TIFF OMITTED] TN26AU21.021

BILLING CODE 6717-01-C
    (3) Representations. LRC Coil may not make representations about 
the 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 and representations provided by LRC Coil are valid. If LRC 
Coil 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 
LRC Coil 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, LRC Coil may request 
that DOE rescind or modify the Interim Waiver Order if LRC Coil 
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 LRC Coil 
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. LRC Coil 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, LRC Coil 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

[[Page 47639]]

petition consistent with 10 CFR 431.401(g).

Signing Authority

    This document of the Department of Energy was signed on August 20, 
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 the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on August 20, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

APPLICATION FOR WAIVER PER 10 CFR 431.401

WINE CELLAR COOLING EQUPIMENT

    LRC coil is requesting an interim and a permanent waiver from a DOE 
test procedure pursuant to provisions described in 10 CFR 431.401 for 
the following products on the grounds that either the basic model 
contains one or more design characteristics that prevent testing of the 
basic model according to the prescribed test procerus or the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics has to 
provide materially inaccurate comparative data. DOE uniform test method 
for the measurement of energy consumption of walk-in coolers and walk-
in freezer described in 10 CFR 431.304 adopts the test standard set 
forth an AHRI 1250-2020. Our walk-in wine cellar cooling systems meet 
the definition of Walkin Cooler Refrigeration Systems.
    The design characteristics constituting the ground for the interim 
waiver application:
    Split cooling systems for walk-in wine cellars. Split cooling 
systems are designed to provide cold environments between 45 and 65 
degrees Fahrenheit and maintain a relative humidity range within 50 to 
7-% for properly insulated wine cellars.
    <bullet> These temperature and relative humidity ranges are 
optimized for long-term storage of wine mimicking that of natural 
caves.
    <bullet> Cooling systems consist of a remote condensing unit and an 
evaporator unit which are connected by liquid line and an insulated 
suction line.
    <bullet> These systems must be charged properly with refrigerant in 
the field by a licensed contractor.
    <bullet> These systems are available as indoor or outdoor uses with 
automatic off-cycle air defrost.
    <bullet> Wine cellars are usually located in air conditioned 
environments so the load is predominately steady state with out high 
and low load conditions.
    <bullet> Wine cellar cooling systems typically employ fractional 
compressors and automatic expansion valves to maintain the desired 
relative humidity in comparison to larger systems used in commercial 
WICF's.
    AHRI 1250-2019 defines the test conditions of walkin cooler 
refrigeration systems at 35 degree Fahrenheit air temperature with less 
than 50% relative humidity. However wine cellar cooling systems are 
designed to maintain environments of 55[deg]-65 degree and maintain 50 
to 70% relative humidity. Wine cellar can cooling systems are optimized 
to operate within such temperature and relative humidity ranges that 
they can't operate at a 35 degree air temperature with a less than 
freezing suction temperature.
    Wine Cellars don't have high and low load conditions and operate at 
steady state conditions during operation in a predominately air 
conditioned environment. So the AWEF calculation described in 10 CFR 
431.304 and AHRI 1250-2019 does not match the application of the such a 
system.
    Due to the design of the coils used in the units they cannot be 
operated at room/entering air temperatures of less than 45 deg F.
    The compressors used in wine cellar cooling systems are 
predominantly fractional horsepower which are inherently less efficient 
than larger compressors used in walkin cooler refrigeration systems. 
Therefore we do not believe there is technology on the market that will 
provide the needed energy efficiency and wine cellar cooling system to 
meet the minimum AWEF value for commercial walk-in cooler refrigeration 
systems set forth and 10 CFR 431.306.
    LRC brand basic models on which the waiver is being requested:
Evaporator Only Models:
<bullet> LRC brand SLA series--(consisting of SLA18-54Q, SLA28-108Q, 
SLA38-163Q, SLA48-217Q, SLA58-270Q, SLA68-322Q)
<bullet> LRC brand SLPA--(consisting of SLPA-26-62Q, SLPA36-95Q, 
SLPA46-128Q, SLPA56-162Q, SLPA-66-200Q)
<bullet> LRC brand DQ--(consisting of DQ-207, DQ-207C, DQ-275, DQ-275C, 
DQ-345, DQ-345C, DQ-432, DQ-541, DQ-650)
<bullet> LRC brand LPAQ--(consisting of LPA17-10Q, LPA17-13Q, LPA27-
18Q, LPA27-23Q, LPA37-32Q, LPA47-42Q, LPA57-55Q)
<bullet> LRC brand Q--(consisting of Q-500W, Q-750W, Q-1000W, Q-1350W, 
Q-1640W, Q-2000W, Q-2600W)
<bullet> LRC brand CE--(consisting of CE1-28Q, CE2-89Q, CE3-129Q)
<bullet> LRC brand HS--(consisting of HS-25CLEC, HS-31CLEC, HS-47CLEC, 
HS-66CLEC, HS-87CLEC, HS-120CLEC, HS-25EC, HS-31EC, HS-47EC, HS-66EC, 
HS-87EC, HS-120EC, HS-180EC)
<bullet> LRC brand RM--(consisting of RM-25EC, RM-35EC, RM-50EC, RM-
65EC, RM-80EC)
<bullet> LRC brand RMD--(consisting of RMD-25EC, RMD-35EC, RMD-50EC, 
RMD-65EC, RMD-80EC)--Ducted (max .1 in H2O external static)
<bullet> LRC brand VAH--(consisting of VAH-25EC, VAH-31EC, VAH-47EC, 
VAH-66EC, VAH-87EC, VAH-120EC, VAH-180EC)--Ducted (max .25 in H2O 
external static)
<bullet> LRC brand VRM--(consisting of VRM-25EC, VRM-35EC, VRM-50EC, 
VRM-65, VRM-80EC)--not ducted, located in room.
<bullet> LRC brand BK--(consisting of BK17-40, BK27-60)
<bullet> LRC brand CTIH--(consisting of CTIH-15, CTIH-25, CTIH-35, 
CTIH-50, CTIH-70)
<bullet> LRC brand CTE--(consisting of CTE-15EC, CTE-25EC, CTE-35EC, 
CTE-50 EC)
<bullet> LRC brand WM--(consisting of WM-15, WM-25, WM-35, WM-50)

    Specific requirements sought to be waived: LRC Coil is petitioning 
for a waiver to exempt split walk-in wine cellar cooling systems from 
being tested to the current test procedure. The prescribed test 
procedure is not appropriate for these products for the reasons stated 
previously.
    List of manufacturers of all other basic models marketing in the 
United States and known to the petitioner to incorporate similar design 
characteristics.

<bullet> Air Innovations
<bullet> CellarPro
<bullet> Whisperkool
<bullet> Vinotemp/Winemate


[[Page 47640]]


    Proposed alternate test procedure:
    <bullet> Use a correction factor of 0.55 to calculate the AWEF to 
adjust for average usage.
    <bullet> One load used to calculate AWEF.
    <bullet> Evaporator air entering temperature dry bulb of 55 [deg]F 
for split cooling systems.
    <bullet> Evaporator air entering relative humidity 55% for split 
systems.
    <bullet> Setting airflow and static pressure for systems with 
ducted evaporator. Fan speed would be in accordance with manufacturers 
specifications. The external static pressure for testing would be set 
to \1/2\ of the rated maximum external static with a tolerance of -0/
+.05 in H2O.
    <bullet> For unit cooler style units for wine use above 45 degree F 
the same SST of 38 deg F coil temperature, entering air temperature of 
55 deg F and relative humidity of 55% will be used. Duty cycle and 
operating characteristics are the same as the other wine units.
    Success of the application for interim waiver and waiver:
    It will ensure that manufacturers of wine cellar cooling systems 
can continue to participate in the market.
    What economic hardship and/or competitive disadvantage are likely 
to absent a favorable determination on the application for interim 
waiver.
    Economic hardship will be loss of sales due to not meeting the DOE 
energy conservation standards set forth and 10 CFR 431.306 if the 
existing products were altered in order to test for current 
requirements set forth in 10 CFR 431.204 and AHRI 1250-2020, would add 
significant costs and increase energy consumption.
    Conclusion:
    LRC Coil requests an interim waiver and waiver from DOE's current 
test method for the measurement of energy consumption of walk-in wine 
cellar split cooling systems.

    Respectfully submitted,

Mike Williams P.E.,
LRC Coil Company, 3861 E 42nd Place, Yuma, AZ 85365.

P: 562.944.1969

F: 562.944.4979

[FR Doc. 2021-18323 Filed 8-25-21; 8:45 am]
BILLING CODE 6450-01-P


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