Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 21111 

1AHT’s request is available at https://

www.regulations.gov/docket?D=EERE-2017-BTWAV-0041. The specified basic models are: IBIZA 

145 (U) NAM1–F, IBIZA 210 (U) NAM1–F, MALTA 

Continued 

Where: 

DEC = daily energy consumption, kWh; 

ET1 = energy consumed during the first part 

of the test, in kWh; 

ET2 = energy consumed during the second 

part of the test, in kWh; 

tNDI = normalized length of defrosting time 

per day, in minutes; 

tDI = length of time of defrosting test period, 

in minutes; 

3.5 = time between defrost occurrences, in 

days; and 

1440 = conversion factor, minutes per day. 

(3) Representations. AHT may not 

make representations about the energy 

use of a basic model listed in paragraph 

(1) of this Order for compliance, 

marketing, or other purposes unless that 

basic model has been tested in 

accordance with the provisions of 

paragraph (2) of this Order and such 

representations fairly disclose the 

results of such testing. 

(4) This Extension of Interim Waiver 

shall remain in effect according to the 

provisions of 10 CFR 431.401. 

(5) This Extension of Interim Waiver 

is issued on the condition that the 

statements, representations, and 

documentation provided by AHT are 

valid. If AHT makes any modifications 

to the defrost controls of these basic 

models, the interim waiver will no 

longer be valid and AHT 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 Extension of 

Interim Waiver (and/or the underlying 

Order issued in Case Number CR–006) 

at any time if it determines the factual 

basis underlying the petition for 

extension of interim waiver (and/or the 

underlying Order issued in Case 

Number CR–006) 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, AHT 

may request that DOE rescind or modify 

the Extension of Interim Waiver (and/or 

the underlying Order issued in Case 

Number CR–006) if AHT 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) AHT remains obligated to fulfill all 

applicable requirements set forth at 10 

CFR part 429. 

Signing Authority 

This document of the Department of 

Energy was signed on April 5, 2022, by 

Kelly J. Speakes-Backman, Principal 

Deputy 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 April 6, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–07665 Filed 4–8–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2022–001, EERE–2017–BT– 

WAV–0041] 

Energy Conservation Program: 

Extension of Waiver to AHT Cooling 

Systems GmbH and AHT Cooling 

Systems USA Inc. From the 

Department of Energy Commercial 

Refrigerator, Freezer, and RefrigeratorFreezer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of decision and order: 

Extension of waiver. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) gives notice of a 

Decision and Order (Case No. 2022–001) 

that grants AHT Cooling Systems GmbH 

and AHT Cooling Systems USA Inc. 

(‘‘AHT’’) a waiver extension from 

specified portions of the DOE 

Commercial Refrigerators, Freezers, and 

Refrigerator-Freezers (collectively 

‘‘commercial refrigeration equipment’’ 

or ‘‘CRE’’) test procedure for 

determining the energy consumption of 

the specified AHT CRE basic models. 

AHT is required to test and rate the 

specified basic models in accordance 

with the alternate test procedure 

specified in this Decision and Order. 

DATES: The Decision and Order is 

effective on April 11, 2022. The 

Decision and Order will terminate upon 

the compliance date of any future 

amendment to the test procedure for 

CRE located in 10 CFR part 431, subpart 

C, appendix B that addresses the issues 

presented in this waiver. At such time, 

AHT must use the relevant test 

procedure for the specified basic models 

of CRE for any testing to demonstrate 

compliance with standards, and any 

other representations of energy use. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Julia Hegarty, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Email: AS_Waiver_

Requests@ee.doe.gov. 

Mr. Pete Cochran, 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) 586–9496. Email: 

peter.cochran@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 

431.401(g)), DOE gives notice of the 

Decision and Order as set forth below. 

The Decision and Order extends the 

waiver that was granted to AHT on 

October 30, 2018 (83 FR 54581, 

‘‘October 2018 Decision and Order’’) to 

include the AHT basic models specified 

in this waiver, as requested by AHT on 

January 20, 2022.1 AHT must test and 


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DEC = ET1 x (l44o tNDI) ET2 

1440 +-3.5 

and 
21112 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 

185 (U) NAM1–F, MANHATTAN XL 210 (U) 

NAM1–F, MIAMI 210 (U) NAM1–F, MIAMI 250 (U) 

NAM1–F, MIAMI XL EC 185 (U) NAM1–F, PARIS 

210 (U) NAM1–F, PARIS EC 185 (U) NAM1–F, 

SYDNEY EC 223 (U) NAM1–F, SYDNEY XL 210 (U) 

NAM1–F. 

1All references to EPCA in this document refer 

to the statute as amended through the Infrastructure 

Investment and Jobs Act, Public Law 117–58 (Nov. 

15, 2021). 

2For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated as Part A–1. 

3The specified basic models are: IBIZA 145 (U) 

NAM1–F, IBIZA 210 (U) NAM1–F, MALTA 185 (U) 

NAM1–F, MANHATTAN XL 210 (U) NAM1–F, 

MIAMI 210 (U) NAM1–F, MIAMI 250 (U) NAM1– 

F, MIAMI XL EC 185 (U) NAM1–F, PARIS 210 (U) 

NAM1–F, PARIS EC 185 (U) NAM1–F, SYDNEY EC 

223 (U) NAM1–F, SYDNEY XL 210 (U) NAM1–F. 

rate the specifically identified CRE basic 

models in accordance with the alternate 

test procedure specified in the Decision 

and Order. AHT’s representations 

concerning the energy consumption of 

the specified basic models must be 

based on testing according to the 

provisions and restrictions in the 

alternate test procedure set forth in the 

Decision and Order, and the 

representations must fairly disclose the 

test results. Distributors, retailers, and 

private labelers are held to the same 

requirements when making 

representations regarding the energy 

consumption of this equipment. (42 

U.S.C. 6314(d)) 

DOE makes decisions on waiver 

extensions for only those basic models 

specifically set out in the request, not 

future models that may be manufactured 

by the petitioner. AHT may submit a 

new or amended petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional basic models 

of CRE. Alternatively, if appropriate, 

AHT may request that DOE extend the 

scope of a waiver to include additional 

basic models employing the same 

technology as the basic models set forth 

in the original petition consistent with 

10 CFR 431.401(g). 

Case Number 2020–025 

Extension of Waiver 

I. Background and Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),1 authorizes 

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 2 of EPCA 

established the Energy Conservation 

Program for Certain Industrial 

Equipment, which sets forth a variety of 

provisions designed to improve energy 

efficiency for certain types of industrial 

equipment. This equipment includes 

Commercial Refrigerators, Freezers, and 

Refrigerator-Freezers (collectively 

‘‘commercial refrigeration equipment’’ 

or ‘‘CRE’’), the focus of this document. 

(42 U.S.C. 6311(1)(E)) 

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 

CRE is contained in 10 CFR part 431, 

subpart C, appendix B—Amended 

Uniform Test Method for the 

Measurement of Energy Consumption of 

Commercial Refrigerators, Freezers, and 

Refrigerator-Freezers (‘‘Appendix B’’). 

Any interested person may submit a 

petition for waiver from DOE’s test 

procedure requirements. 10 CFR 

431.401(a)(1). 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 or water consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

431.401(f)(2). DOE may grant the waiver 

subject to conditions, including 

adherence to alternate test procedures. 

Id. 

A petitioner 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. 10 CFR 

431.401(g). DOE will publish any such 

extension in the Federal Register. Id. 

II. Request for an Extension of Waiver: 

Assertions and Determinations 

On October 30, 2018, DOE issued a 

Decision and Order in Case Number 

2017–007 granting AHT a waiver to test 

its AHT basic models specified in that 

Order using an alternate test procedure. 

83 FR 54581 (‘‘October 2018 Decision 

and Order’’). AHT stated that the basic 

models listed in the petition do not have 

a defrost cycle when operated in freezer 

mode, and therefore cannot be tested 

under Appendix B, which references 

defrosts for the start of the test period 

and door-opening period. 

Based on its review, including the 

information provided by AHT, DOE 

determined that the CRE basic models 

specified in the October 2018 Decision 

and Order contain a design 

characteristic that prevents testing the 

basic models according to the 

prescribed test procedure at Appendix 

B. 83 FR 54581, 54582. The October 

2018 Decision and Order specifies that 

AHT must test and rate the subject basic 

models according to Appendix B, but 

with the test period starting after the 

unit achieves steady state conditions 

and the door-opening period starting 3 

hours after the start of the test period. 

Id at 83 FR 54583. 

On January 20, 2022, AHT submitted 

a request to extend the scope of the 

waiver, Case Number 2022–001, to 

specified additional AHT basic models.3

AHT stated that these basic models have 

the same characteristics as the models 

covered by the existing waiver. 

DOE has reviewed AHT’s waiver 

extension request and operating 

instructions for the subject basic models 

and determined that the CRE basic 

models identified in AHT’s request 

incorporate the same design 

characteristics as those basic models 

covered under the waiver in Case 

Number 2017–007 (i.e., lack of defrost 

cycle when operated in freezer mode), 

which prevents testing the basic models 

according to the prescribed test 

procedure at Appendix B. DOE also 

determined that the alternate procedure 

specified in Case Number 2017–007 will 

allow for the accurate measurement of 

the energy use of the CRE basic models 

identified by AHT in its waiver 

extension request, while alleviating the 

testing problems associated with AHT’s 

implementation of DOE’s applicable 

commercial refrigeration equipment test 

procedure for the specified basic 

models. 

III. Order 

After careful consideration of all the 

material submitted by AHT in this 

matter, it is ordered that: 

(1) AHT must, as of the date of 

publication of this Extension of Waiver 

in the Federal Register, test and rate the 

following AHT brand commercial 

freezer basic models (which do not have 

defrost cycle capability when operated 

in freezer mode) with the alternate test 

procedure as set forth in paragraph (2): 

Brand Basic model 

AHT .. IBIZA 145 (U) NAM1–F. 

AHT .. IBIZA 210 (U) NAM1–F. 

AHT .. MALTA 185 (U) NAM1–F. 

AHT .. MANHATTAN XL 210 (U) NAM1–F. 

AHT .. MIAMI 210 (U) NAM1–F. 

AHT .. MIAMI 250 (U) NAM1–F. 

AHT .. MIAMI XL EC 185 (U) NAM1–F. 

AHT .. PARIS 210 (U) NAM1–F. 


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Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 21113 

Brand Basic model 

AHT .. PARIS EC 185 (U) NAM1–F. 

AHT .. SYDNEY EC 223 (U) NAM1–F. 

AHT .. SYDNEY XL 210 (U) NAM1–F. 

(2) The alternate test procedure for the 

AHT basic models referenced in 

paragraph (1) of this Order is the test 

procedure for CRE prescribed by DOE at 

10 CFR part 431, subpart C, appendix B, 

except that the test period shall be 

selected as detailed below. All other 

requirements of Appendix B and DOE’s 

regulations remain applicable. 

The test shall begin when steady state 

conditions occur (per ASHRAE 

Standard 72–2005, Section 3, 

definitions, which defines steady state 

as ‘‘the condition where the average 

temperature of all test simulators 

changes less than 0.2 °C (0.4 °F) from 

one 24-hour period or refrigeration cycle 

to the next’’). Additionally, the dooropening requirements shall be as 

defined in ASHRAE 72–2005 Section 

7.2, with the exception that the eighthour period of door openings shall 

begin three hours after the start of the 

test. Ambient temperature, test 

simulator temperatures, and all other 

data shall be recorded at three-minute 

intervals beginning at the start of the 

test and throughout the 24-hour testing 

period. 

(3) Representations. AHT may not 

make representations about the energy 

use of a basic model listed in paragraph 

(1) of this Order for compliance, 

marketing, or other purposes unless that 

basic model has been tested in 

accordance with the provisions of 

paragraph (2) of this Order and such 

representations fairly disclose the 

results of such testing. 

(4) This Extension of Waiver shall 

remain in effect according to the 

provisions of 10 CFR 431.401. 

(5) This Extension of Waiver is issued 

on the condition that the statements, 

representations, and documentation 

provided by AHT are valid. If AHT 

makes any modifications to the controls 

or capabilities (e.g., adding automatic 

defrost to freezer mode) of these basic 

models, the waiver will no longer be 

valid and AHT 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 Extension of Waiver (and/or 

the underlying Order issued in Case 

Number 2017–007) at any time if it 

determines the factual basis underlying 

the petition for extension of waiver 

(and/or the underlying Order issued in 

Case Number 2017–007) 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, AHT may request that DOE 

rescind or modify the Extension of 

Waiver (and/or the underlying Order 

issued in Case Number 2017–007) if 

AHT discovers an error in the 

information provided to DOE as part of 

its petition, determines that the waiver 

is no longer needed, or for other 

appropriate reasons. 10 CFR 

431.401(k)(2). 

(6) AHT remains obligated to fulfill all 

applicable requirements set forth at 10 

CFR part 429. 

Signing Authority 

This document of the Department of 

Energy was signed on April 5, 2022, by 

Kelly J. Speakes-Backman, Principal 

Deputy 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 April 6, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–07668 Filed 4–8–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

National Nuclear Security 

Administration 

Secretarial Determination of No 

Adverse Impact on the Domestic 

Uranium Mining, Conversion, and 

Enrichment Industries To Support Mo99 Production 

AGENCY: National Nuclear Security 

Administration (NNSA), Department of 

Energy (DOE). 

ACTION: Notice. 

SUMMARY: On November 24, 2021, the 

Secretary of Energy issued a 

determination (‘‘Secretarial 

Determination’’) covering the sale, lease, 

or transfer of up to 750 kilograms 

uranium (kgU) of high-assay low 

enriched uranium (HALEU) (above 5 but 

less than 20 wt. percent uranium-235) 

per calendar year to support the 

development and establishment of 

molybdenum-99 (Mo-99) production 

capabilities. For the reasons set forth in 

the Department’s ‘‘Analysis of Potential 

Impacts of Certain Uranium 

Transactions on the Domestic Uranium 

Mining, Conversion, and Enrichment 

Industries,’’ which is incorporated into 

the Secretarial Determination, the 

Secretary determined that these 

transactions will not have an adverse 

material impact on the domestic 

uranium mining, conversion, or 

enrichment industry. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to Brett Cox: officeofconversion@

nnsa.doe.gov or (202) 287–5191. 

SUPPLEMENTARY INFORMATION: 

Authority and Background 

The Department of Energy (‘‘the 

Department’’) holds limited inventories 

of uranium in various forms and 

quantities that have been declared as 

excess and are not dedicated to U.S. 

national security missions. Within DOE, 

the National Nuclear Security 

Administration (NNSA) manages these 

inventories. NNSA down-blends excess 

highly-enriched uranium (HEU) to highassay low-enriched uranium (HALEU)— 

a subset of low enriched uranium (LEU), 

enriched above the commercial level of 

5 wt-% and below 20 wt-% of the 

isotope U–235. Common applications of 

such high-assay materials are as fuels 

for domestic and foreign research 

reactors and as target materials for the 

production of medical isotopes. 

This notice involves the sale, lease, or 

transfer of HALEU to support domestic 

molybdenum-99 (Mo-99) producers. 

These sales, leases, and transfers fulfill 

a directive in the American Medical 

Isotopes Production Act of 2012 (Pub. L. 

112–239, Division C, Title XXXI, 

Subtitle F, 42 U.S.C. 2065) for the 

Department to establish a program to 

make HALEU available, through lease 

contracts, for the production of Mo-99 

for medical uses. These sales, leases, 

and transfers also support U.S. nuclear 

nonproliferation initiatives, by downblending HEU and encouraging the use 

of LEU in civilian applications in lieu 

of HEU. 

These sales, leases or transfers are 

conducted in accordance with the 

Atomic Energy Act of 1954 (42 U.S.C. 

2011 et seq., ‘‘AEA’’), as amended, and 

other applicable law. Specifically, Title 

I, Chapters 6 and 14 of the AEA 

authorize DOE to sell or transfer special 

nuclear material, including HALEU. The 

United States Enrichment Corporation 

(USEC) Privatization Act (Pub. L. 104– 


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