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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices devices i.e., electrical devices other than lighting or anti-sweat heaters that have demand-based controls, and a PTO
of 0 percent for other electricityconsuming devices without demandbased controls. Id. In its petition for waiver, Senneca suggested applying a PTO value of 97 percent to the door motors associated with the basic models specified in its petition. Senneca stated that the test procedures assumption that the door motor operates for 75
percent of the day significantly overstates normal motor usage on their ColdGuard and Eco-Cold powered door models, causing the prescribed test procedure to inaccurately evaluate the true energy consumption characteristics as to provide materially inaccurate comparative data Senneca, No. 3 at p. 1.
On September 28, 2020, DOE
published a notification that announced its receipt of the petition for waiver and granted Senneca an interim waiver. 85
FR 60771 Notification of Petition for Waiver. In the Notification of Petition for Waiver, DOE presented Sennecas claim that results from testing the specified basic models according to Appendix A are unrepresentative of actual energy usage because of the assigned PTO value. DOE also summarized Sennecas requested alternate test procedure, which would require testing the specified basic models according to Appendix A, except the PTO value for door motors would be modified from 25 percent to 97 percent for the specified freight and passage doors.
As explained in the Notification of Petition for Waiver, DOE considered the potential range of parameters affecting door motor operating time and evaluated the PTO based on the most energy consumptive scenarios for both the horizontally and vertically opening door basic models specified by Senneca.
85 FR 60771, 60774. In its calculations, DOE used the largest door opening at the slowest speed and standard duty cycle specified in the product literature of the door motors associated with Sennecas specified basic models. Id.
Assuming the most energy consumptive scenarios, DOE initially determined that the suggested PTO value of 97 percent was more representative of actual energy use than the currently required PTO value of 25 percent. 85 FR 60771, 60775.
In the Notification of Petition for Waiver, DOE also solicited comments from interested parties on all aspects of the petition and the specified alternate test procedure. 85 FR 60771. In response, DOE received one substantive
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comment 5 from Hussmann Corporation Hussmann.6 Hussmann objected to Sennecas request for an alternate test procedure, asserting that Sennecas waiver request does not meet the criteria for DOE to grant a waiver, specifically:
1 The basic models for which the waiver was requested must contain a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or 2 the prescribed test procedure must evaluate the basic models in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data.
Hussmann, No. 5 at p. 1 Further, Hussmann stated that Sennecas petition should be denied because investment and redesign can be used to achieve compliance with the current Federal standards. Hussmann, No. 5 at p. 2
As discussed previously, DOE may grant a waiver if either 1 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 2 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.
In response to Hussmanns assertion that the criteria for granting a waiver to Senneca has not been met, DOE notes that while Senneca is not prevented from testing the basic models specified in its waiver petition, the performance data demonstrate that the current test procedure evaluates the energy consumption of its basic models with motorized door openers in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. In response to Hussmanns comment that compliance with current Federal standards could be achieved, DOE notes that the criteria which allow DOE to grant a waiver do not depend on whether investment or redesign could make the basic models compliant with the standard. EPCA does not require that a manufacturer design a particular type of equipment to enable it to be tested under a given test procedure.
Instead, a test procedure must, among other things, be reasonably designed to produce test results reflecting the energy efficiency of a given type of industrial equipment. See generally 42 U.S.C.
5 DOE received an additional comment from an anonymous submitter opposing waivers in general.
6 Hussmanns comment can be accessed at:
https www.regulations.gov/docket?D=EERE-2020BT-WAV-0009.

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6314a2. Additionally, the required use of 97 percent is consistent with waivers previously granted in response to petitions that presented the same issue as in Sennecas petition. See Notice of Decision and Order granting a waiver to Jamison Door Case No. 2017
009, 83 FR 53460 Oct. 23, 2018;
Notice of Decision and Order granting a waiver to HH Technologies Case No.
2018001, 83 FR 53457 Oct. 23, 2018;
and Extension of Waiver to HH
Technologies Case No. 2018011, 84
FR 1434 Feb. 4, 2019.7
For the reasons explained here and in the Notification of Petition for Waiver, absent a waiver the basic models identified by Senneca in its petition cannot be tested and rated for energy consumption on a basis representative of their true energy consumption characteristics. DOE has reviewed the recommended procedure suggested by Senneca and concludes that it will allow for the accurate measurement of the energy use of the equipment, while alleviating the testing issues associated with Sennecas implementation of DOEs applicable walk-in door test procedure for the specified basic models. Thus, DOE is requiring that Senneca test and rate walk-in door basic models according to the alternate test procedure specified in this Decision and Order, which is identical to the procedure provided in the interim waiver.
This Decision and Order is applicable only to the basic models listed and does not extend to any other basic models.
DOE evaluates and grants waivers for only those basic models specifically set out in the petition, not future models that may be manufactured by the petitioner.
Senneca may request that DOE extend the scope of this waiver to include additional basic models that employ the same technology as those listed in this waiver. 10 CFR 431.401g. Senneca may also submit another petition for waiver from the test procedure for additional basic models that employ a different technology and meet the criteria for test procedure waivers. 10 CFR
431.401a1.
DOE notes that it may modify or rescind the waiver at any time upon DOEs determination that the factual basis underlying the petition for waiver 7 DOE notes that Hussmann has previously expressed general support for similar petitions for waiver, specifically in response to waiver petitions from Jamison Door, in which Jamison Door requested a PTO value of 93.5 percent Docket No.
EERE2017BTWAV00400005 at p. 1, and from HH Technologies, in which HH Technologies requested a PTO value of 96 percent Docket No.
EERE2018BTWAV00010013 at p. 1.

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