Federal Register - August 26, 2021

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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section.
DOE processes submissions made through www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks.
Please keep the comment tracking number that www.regulations.gov provides after you have successfully uploaded your comment.
Submitting comments via email.
Comments and documents submitted via email also will be posted to www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter.
Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments.
Include contact information each time you submit comments, data, documents, and other information to DOE. Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF preferred, Microsoft Word or Excel, WordPerfect, or text ASCII file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters names compiled into one or more PDFs. This reduces comment processing and posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two wellmarked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. DOE will make its
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own determination about the confidential status of the information and treat it according to its determination.
It is DOEs policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments except information deemed to be exempt from public disclosure.
Case Number 2020024
Interim Waiver Order I. Background and Authority The Energy Policy and Conservation Act, as amended EPCA,3 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 4 of EPCA, added by the National Energy Conservation Policy Act, Public Law 95619, sec. 441 Nov. 9, 1978, 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. Through amendments brought about by the Energy Independence and Security Act of 2007, Public Law 110140, sec. 312 Dec. 19, 2007, this equipment includes walk-in coolers and walk-in freezers, the focus of this document. 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. 6316a; 42
U.S.C. 6299.
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 3 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
4 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated as Part A1.

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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 reflect the energy efficiency, energy use or estimated annual operating cost of covered products and 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 used to determine the net capacity and annual walk-in energy factor AWEF
of walk-in cooler and walk-in freezer refrigeration systems is contained in the Code of Federal Regulations CFR at 10 CFR part 431, subpart R, appendix C, Uniform Test Method for the Measurement of Net Capacity and AWEF of Walk-in Cooler and Walk-in Freezer Refrigeration Systems Appendix C.
Under 10 CFR 431.401,5 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.
A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the performance of the product type in a manner representative of the energy consumption characteristics of the basic model. 10 CFR 431.401b1iii. DOE
may grant the waiver subject to conditions, including adherence to alternate test procedures. 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 5 On December 11, 2020, DOE amended 10 CFR
431.401 regarding the processing of petitions for an interim waiver that became effective on January 11, 2021. The subject petition was received prior to the effective date of that amendment and therefore is being processed pursuant to the regulation in effect at the time of receipt. Accordingly, all references to 10 CFR 431.401 refer to the version in place as of the date of LRC Coils December 1, 2020 petition for interim waiver and waiver.

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Federal Register - August 26, 2021

TitoloFederal Register

PaeseStati Uniti

Data26/08/2021

Conteggio pagine481

Numero di edizioni7800

Prima edizione14/03/1936

Ultima edizione23/06/2026

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