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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
Telephone: 202 5868145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
In accordance with Title 10 of the Code of Federal Regulations 10 CFR
431.401f2, DOE gives notification of the issuance of its Decision and Order as set forth below. The Decision and Order grants Senneca a waiver from the applicable test procedure at 10 CFR part 431, subpart R, appendix A for specified basic models of walk-in doors, and provides that Senneca must test and rate such equipment using the alternate test procedure specified in the Decision and Order. Sennecas 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. 6314d Consistent with 10 CFR 431.401j, not later than March 5, 2021, any manufacturer not currently distributing in commerce in the United States equipment employing a technology or characteristic that results in the same need for a waiver from the applicable test procedure must submit a petition for waiver. Manufacturers not currently distributing such equipment in commerce in the United States must petition for and be granted a waiver prior to the distribution in commerce of that equipment in the United States.
Manufacturers may also submit a request for interim waiver pursuant to the requirements of 10 CFR 431.401.
Signing Authority This document of the Department of Energy was signed on December 28, 2020, by Daniel R. Simmons, 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.

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Signed in Washington, DC, on December 29, 2020.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

Case 2020002 Decision and Order I. Background and Authority The Energy Policy and Conservation Act, as amended EPCA,1 among other things, 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.
62916317 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. These types of equipment include walk-in coolers and walk-in freezers, the focus of this document. 42
U.S.C. 63111G
Under EPCA, DOEs energy conservation program 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, test procedures 42
U.S.C. 6314, labeling provisions 42
U.S.C. 6315, energy conservation standards 42 U.S.C. 6313, 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 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 1 All references to EPCA in this document refer to the statute as amended through Americas Water Infrastructure Act of 2018, Public Law 115270
Oct. 23, 2018.
2 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated as Part A1.

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reflect 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 walk-in doors is contained 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 true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 431.401f2.
DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. Id.
II. Sennecas Petition for Waiver:
Assertions and Determinations By letter dated March 13, 2020, Senneca Holdings Senneca filed a petition for waiver and a petition for interim waiver from the DOE test procedure applicable to walk-in doors set forth in Appendix A. Senneca, No.
1 3 In response to questions from DOE, Senneca provided subsequent petitions for waiver and interim waiver on June 12, 2020 Senneca, No. 2 and on July 21, 2020 Senneca, No. 3.4 Appendix A
accounts for the power consumption of all electrical components associated with each door and discounts the power consumption of electrical components based on their operating time by an assigned percent time off PTO value.
Appendix A, section 4.5.2. Section 4.5.2
of Appendix A specifies a PTO of 25
percent for other electricity-consuming 3 A notation in the form Senneca, No. 1
identifies a written submission: 1 Made by Senneca Holdings; and 2 recorded in document number 1 that is filed in the docket of this petition for waiver Docket No. EERE2020BTWAV0009
and available for review at http
www.regulations.gov.
4 Due to the lengthy list of walk-in door basic models listed in Sennecas July 21, 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-0009.

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