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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations freezers, the subject of this Interim Waiver Order. 42 U.S.C. 63111G
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. 6316a; 42 U.S.C. 6295s, and 2 making representations about the efficiency of that equipment 42 U.S.C.
6314d. Similarly, DOE must use these test procedures to determine whether the covered equipment complies with relevant standards promulgated under EPCA. 42 U.S.C. 6316a; 42 U.S.C.
6295s 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. 6314a2 The test procedure for measuring the energy consumption of walk-in cooler and walk-in freezer doors walk-in doors is contained in the Code of Federal Regulations CFR at 10 CFR part 431, subpart R, appendix A, Uniform Test Method for the Measurement of Energy Consumption of the Components of Envelopes of WalkIn Coolers and Walk-In Freezers Appendix A.
Under 10 CFR 431.401, any interested person may submit a petition for waiver from DOEs 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
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true energy consumption characteristics as to provide materially inaccurate comparative data. See 10 CFR
431.401f2. A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the performance of the equipment type in a manner representative of the energy consumption characteristics of the basic model. See 10 CFR 431.401b1iii.
DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. See 10 CFR
431.401f2.
As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. See 10 CFR 431.401l. 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. See 10 CFR
431.401e2. 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. See 10 CFR
431.401h1.
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. See 10 CFR
431.401h2.
II. Herculess Petition for Waiver and Interim Waiver By letter dated July 22, 2020, Hercules, a Senneca Holdings company, Hercules filed a petition for waiver and interim waiver from the test procedure for walk-in doors set forth at 10 CFR part 431, subpart R, appendix A.
Hercules, No. 1; July 2020 petition 4
Subsequent to the July 22, 2020
submission and in response to questions from DOE regarding characteristics of 4 A notation in the form Hercules, No. 1
identifies a written submission: 1 Made by Hercules; and 2 recorded in document number 1
that is filed in the docket of this petition for waiver Docket No. EERE2020BTWAV0027 and available for review at http www.regulations.gov.

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the specified basic models and stipulated values in the suggested alternate test procedure, Hercules submitted an updated petition for waiver and interim waiver on October 14, 2020, that provided additional and updated information. Hercules, No. 2;
October 2020 petition 5
Section 4.5.2 of Appendix A, Direct Energy Consumption of Electrical Components of Non-Display Doors, establishes percent time off PTO
values that account for the percent of time that an electrical device is assumed to be off for lighting, anti-sweat heaters, and any other electricity-consuming devices. The PTO value discounts the daily energy consumption of electrical components as calculated in section 4.5.2b of Appendix A. Hercules stated that the basic models identified in its petition use electric door motors for vertical and horizontal openings of the walk-in doors. The motors described in Herculess waiver petition are other electricity consuming devices . . .
controlled by a preinstalled timer, control system or other auto-shut-off system under section 4.5.2a3 of Appendix A. The DOE test procedure specifies using a PTO value of 25
percent for such devices, thereby reflecting an on time of 75 percent.
Hercules stated that operating a door motor for 75 percent of the day significantly overstates normal motor usage on their powered door models.
Hercules, No. 2 at p. 1
In the July 2020 petition, Hercules requested a PTO of 96 percent, based on an opening of 120 inches, instead of the PTO value of 25 percent specified in section 4.5.2a3 of Appendix A for electricity-consuming devices other than lighting and anti-sweat heaters.
Hercules, No. 1 at pp. 23 DOE
requested clarification from Hercules on the maximum opening width and height for all horizontally and vertically opening doors specified in the petition for waiver to evaluate the most energy consumptive scenarios.
In the October 2020 petition, Hercules provided performance data for three door examples: the first two for horizontally sliding door basic models and the third for vertical lift door basic models. Hercules, No. 2 at pp. 23 All examples estimated a normal daily use of 120 cycles. One cycle is one complete opening and one complete closing of a 5 Due to the lengthy list of walk-in door basic models listed in Herculess October 2020 petition, DOE is making the complete list publicly available in the relevant regulatory docket. The specific basic models identified in Appendix I of the petition can be found in the docket at http
www.regulations.gov/docket?D=EERE-2020-BTWAV-0027.

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