Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 21109 

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

www.regulations.gov/document/EERE-2017-BTWAV-0027-0017. The specified basic models are: 

IBIZA 145 (U) NAM1–IC, IBIZA 210 (U) NAM1–IC, 

MALTA 185 (U) NAM1–IC, MANHATTAN XL 210 

(U) NAM1–IC, MIAMI 210 (U) NAM1–IC, MIAMI 

250 (U) NAM1–IC, MIAMI XL EC 185 (U) NAM1– 

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

NAM1–IC, SYDNEY EC 223 (U) NAM1–IC, 

SYDNEY XL 210 (U) NAM1–IC, IBIZA 145 (U) 

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

NAM1–R, MANHATTAN XL 210 (U) NAM1–R, 

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

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

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

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

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. 

DEPARTMENT OF ENERGY 

[Case Number 2022–002, EERE–2017–BT– 

WAV–0027] 

Energy Conservation Program: 

Extension of Interim 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: Notification of extension of 

interim waiver. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is granting an interim 

waiver extension (Case No. 2022–002) to 

AHT Cooling Systems GmbH and AHT 

Cooling Systems USA Inc. (‘‘AHT’’) 

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. 

Under this extension, AHT is required 

to test and rate the specified basic 

models in accordance with the alternate 

test procedure specified in the interim 

waiver. 

DATES: The Extension of Interim Waiver 

is effective on April 11, 2022. 

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 

issuance of an Extension of Interim 

Waiver as set forth below. The 

Extension of Interim Waiver extends the 

Interim Waiver granted to AHT on May 

26, 2017 (82 FR 24330, ‘‘May 2017 

Interim Waiver’’) to include the AHT 

basic models specified in this interim 

waiver extension, as requested by AHT 

on January 20, 2022.1 AHT must test 

and rate the specifically identified CRE 

basic models in accordance with the 

alternate test procedure specified in the 

May 2017 Interim Waiver. 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 May 2017 

Interim Waiver, 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, including interim 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 or interim 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 2020–023 

Extension of Interim 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)) 

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 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 

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 


lotter on DSK11XQN23PROD with NOTICES1
21110 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 

3 In the May 2017 Interim Waiver DOE declined 

to grant AHT an interim waiver as it pertained to 

AHT’s petition regarding multi-mode operation. 82 

FR 24330, 24332. That denial is not relevant to 

AHT’s request for an extension or this Order 

extending the interim waiver granted in the May 

2017 Interim Waiver. 

4The specified basic models are: IBIZA 145 (U) 

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

(U) NAM1–IC, MANHATTAN XL 210 (U) NAM1– 

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

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

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

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

(U) NAM1–IC, IBIZA 145 (U) NAM1–R, IBIZA 210 

(U) NAM1–R, MALTA 185 (U) NAM1–R, 

MANHATTAN XL 210 (U) NAM1–R, MIAMI 210 

(U) NAM1–R, MIAMI 250 (U) NAM1–R, MIAMI XL 

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

PARIS EC 185 (U) NAM1–R, SYDNEY EC 223 (U) 

NAM1–R, SYDNEY XL 210 (U) NAM1–R. 

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 Interim 

Waiver: Assertions and Determinations 

On May 26, 2017, DOE issued an 

Interim Waiver in Case Number CR–006 

granting AHT an interim waiver to test 

its AHT basic models specified in that 

interim waiver using an alternate test 

procedure. 82 FR 24330 (‘‘May 2017 

Interim Waiver’’).3 AHT stated that their 

basic models defrost less frequently 

than once every 24 hours. The DOE test 

procedure, by reference to ANSI/ 

ASHRAE Standard 72–2005, ‘‘Method of 

Testing Commercial Refrigerators and 

Freezers’’ (‘‘ASHRAE 72–2005’’), 

requires beginning the test period at the 

start of a defrost cycle and recording 

data for 24 hours. AHT stated that the 

DOE test procedure would overstate the 

energy usage from the defrosting 

function. 82 FR 24330, 24335. 

Based on its review, including the 

information provided by AHT, DOE 

initially determined that the current test 

procedure at Appendix B would 

evaluate the CRE basic models specified 

in the May 2017 Interim Waiver in a 

manner so unrepresentative of their true 

energy consumption characteristics as to 

provide materially inaccurate 

comparative data. Id. at 82 FR 24332– 

24333. The May 2017 Interim Waiver 

specifies that AHT must test and rate 

the subject basic models such that the 

energy consumption be determined 

using an equation that incorporates the 

energy consumption of two modified 

tests. The first modified test would be 

a 24-hour test without a defrost cycle 

starting in steady state conditions with 

eight hours of door openings. The 

second modified test would include a 

defrost cycle starting after steady state 

conditions are established and 

continuing until the defrost cycle 

recovery is complete. Id. at 82 FR 24333. 

On January 20, 2022, AHT submitted 

a request to extend the scope of the 

interim waiver, Case Number 2022–002, 

to the specified additional AHT basic 

models.4 AHT stated that these basic 

models have the same characteristics as 

the models covered by the existing 

interim waiver. 

DOE has reviewed AHT’s interim 

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 interim waiver in 

Case Number CR–006 such that the test 

procedure evaluates these basic models 

in a manner that is unrepresentative of 

their actual energy use. For the same 

reasons set forth in the May 2017 

Interim Waiver, DOE understands that 

the model lines identified in AHT’s 

request are not capable of defrosting 

once every 24 hours as simulated by the 

DOE test procedure. See 82 FR 24330, 

24332–24333. Accordingly, DOE is 

extending the interim waiver in Case 

Number CR–006 to the CRE basic 

models identified by AHT in its interim 

waiver extension request. 

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 Interim 

Waiver in the Federal Register, test and 

rate the following AHT brand 

commercial refrigerator and commercial 

ice-cream freezer basic models with the 

alternate test procedure as set forth in 

paragraph (2): 

Brand Basic model 

AHT .. IBIZA 145 (U) NAM1–IC. 

AHT .. IBIZA 210 (U) NAM1–IC. 

AHT .. MALTA 185 (U) NAM1–IC. 

AHT .. MANHATTAN XL 210 (U) NAM1–IC. 

AHT .. MIAMI 210 (U) NAM1–IC. 

AHT .. MIAMI 250 (U) NAM1–IC. 

AHT .. MIAMI XL EC 185 (U) NAM1–IC. 

AHT .. PARIS 210 (U) NAM1–IC. 

AHT .. PARIS EC 185 (U) NAM1–IC. 

AHT .. SYDNEY EC 223 (U) NAM1–IC. 

AHT .. SYDNEY XL 210 (U) NAM1–IC. 

AHT .. IBIZA 145 (U) NAM1–R. 

AHT .. IBIZA 210 (U) NAM1–R. 

AHT .. MALTA 185 (U) NAM1–R. 

AHT .. MANHATTAN XL 210 (U) NAM1–R. 

AHT .. MIAMI 210 (U) NAM1–R. 

AHT .. MIAMI 250 (U) NAM1–R. 

AHT .. MIAMI XL EC 185 (U) NAM1–R. 

AHT .. PARIS 210 (U) NAM1–R. 

AHT .. PARIS EC 185 (U) NAM1–R. 

AHT .. SYDNEY EC 223 (U) NAM1–R. 

AHT .. SYDNEY XL 210 (U) NAM1–R. 

(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 the test period shall be selected 

as follows: 

The first part of the test shall be a 24- 

hour test starting in steady-state 

conditions and including eight hours of 

door opening (according to ASHRAE 

Standard 72). The energy consumed in 

this test, ET1, shall be recorded. 

The second part of the test shall be a 

defrost cycle, including any operation 

associated with a defrost. The start and 

end points of the defrost cycle test 

period shall be determined according to 

the instructions for consumer 

refrigerators and refrigerator-freezers 

outlined in 10 CFR part 430, subpart B, 

appendix A, section 4.2.1.1 (for cycling 

compressor systems) or section 4.2.1.2 

(for non-cycling compressor systems). 

The energy consumed in this test, ET2, 

and duration, tDI, shall be recorded. 

Based on the measured energy 

consumption in these two tests, the 

daily energy consumption (DEC) in kWh 

shall be calculated as: 


lotter on DSK11XQN23PROD with NOTICES1
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 


lotter on DSK11XQN23PROD with NOTICES1EN11AP22.026</GPH>

DEC = ET1 x (l44o tNDI) ET2 

1440 +-3.5 

and