80 FR 69837 - Energy Conservation Program: Energy Conservation Standards for Walk-In Coolers and Freezers

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 218 (November 12, 2015)

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, requires the Department of Energy (DOE), among other things, to prescribe performance-based energy conservation standards for walk- in coolers and walk-in freezers. On June 3, 2014, DOE complied with this requirement. Recent litigation regarding these standards resulted in a settlement agreement between DOE and the other parties to that litigation. Consistent with the parties' settlement agreement, the United States Court of Appeals for the Fifth Circuit subsequently vacated six specific standards set forth in the June 2014 rule. DOE is amending the CFR to reflect the court's order vacating the six standards found in DOE's regulations pertaining to certain refrigeration systems used in walk-in cooler and walk-in freezer applications.

[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69837-69838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28728]



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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / 
Rules and Regulations

[[Page 69837]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number EERE-2008-BT-STD-0015]
RIN 1904-AB86


Energy Conservation Program: Energy Conservation Standards for 
Walk-In Coolers and Freezers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as 
amended, requires the Department of Energy (DOE), among other things, 
to prescribe performance-based energy conservation standards for walk-
in coolers and walk-in freezers. On June 3, 2014, DOE complied with 
this requirement. Recent litigation regarding these standards resulted 
in a settlement agreement between DOE and the other parties to that 
litigation. Consistent with the parties' settlement agreement, the 
United States Court of Appeals for the Fifth Circuit subsequently 
vacated six specific standards set forth in the June 2014 rule. DOE is 
amending the CFR to reflect the court's order vacating the six 
standards found in DOE's regulations pertaining to certain 
refrigeration systems used in walk-in cooler and walk-in freezer 
applications.

DATES: This action is effective on November 12, 2015. However, the 
court order had legal effect immediately upon its filing on August 10, 
2015. Compliance with the remaining standards from the June 2014 final 
rule that were not vacated by the court order continues to be required 
on June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-6590. Email: 
[email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-8145. Email: [email protected].

SUPPLEMENTARY INFORMATION: DOE published a final rule, 79 FR 32050 
(June 3, 2014), that set nineteen energy conservation standards 
pertaining to walk-in coolers and walk-in freezers (collectively, 
``walk-ins'' or ``WICFs''). A walk-in, at its basic level, is a 
refrigerated box, with a total chilled storage area of less than 3,000 
square feet. The standards promulgated by DOE pertained to the primary 
components that comprise a walk-in--i.e. panels, doors, and the 
refrigeration systems. The panels and doors of a walk-in comprise the 
box, while the refrigeration system provides the cooling air to cool 
the interior of the box.
    The Air-Conditioning, Heating and Refrigeration Institute 
(``AHRI'') and Lennox International, Inc. (a manufacturer of WICF 
refrigeration systems) filed petitions for review of DOE's final rule 
and DOE's subsequent denial of a petition for reconsideration of the 
rule with the United States Court of Appeals for the Fifth Circuit. 
Lennox Int'l, Inc. v. Dep't of Energy, Case No. 14-60535 (5th Cir.). A 
number of other WICF refrigeration system manufacturers--Rheem 
Manufacturing Co., Heat Transfer Products Group, and Hussmann Corp.--
along with the Air Conditioning Contractors of America (a trade 
association representing contractors who install WICF refrigeration 
systems) intervened on the petitioners' behalf, while the Natural 
Resources Defense Council--representing itself, the American Council 
for an Energy-Efficient Economy, and the Texas Ratepayers' Organization 
to Save Energy--intervened on behalf of DOE. As a result of this 
litigation, a settlement agreement was reached to address, among other 
things, six of the refrigeration system standards.
    The controlling court order from the Fifth Circuit, which was 
issued on August 10, 2015, vacates those six standards. These vacated 
standards relate to (1) the two energy conservation standards 
applicable to multiplex condensing refrigeration systems operating at 
medium and low temperatures and (2) the four energy conservation 
standards applicable to dedicated condensing refrigeration systems 
operating at low temperatures. See 10 CFR 431.306(e) (codifying these 
six standards, together with four distinct standards applicable to 
dedicated condensing refrigeration systems operating at medium 
temperatures).
    The final rule on review also established thirteen other energy 
conservation standards applicable to other components of walk-in 
coolers and walk-in freezers: (1) Four standards applicable to 
dedicated condensing refrigeration systems operating at medium 
temperatures; (2) three standards applicable to panels; and (3) six 
standards applicable to doors. See 79 FR at 32051-32052 (Table I.1) and 
32123-32124 (codified at 10 CFR 431.306(a), (c)-(e)). These standards 
have not been vacated and remain subject to the June 5, 2017 compliance 
date prescribed by the June 2014 final rule.
    This final rule is not subject to the requirement to provide prior 
notice and an opportunity for public comment pursuant to 5 U.S.C. 
553(b)(B). DOE finds good cause to waive the requirement to provide 
prior notice and an opportunity for public comment as such procedure is 
unnecessary. DOE must comply with the order of a Federal court, and has 
no discretion to do otherwise. In implementation of that order, DOE is 
vacating (1) the two energy conservation standards applicable to 
multiplex condensing refrigeration systems operating at medium and low 
temperatures and (2) the four energy conservation standards applicable 
to dedicated condensing refrigeration systems operating at low 
temperatures. Comments suggesting any other course would serve no 
useful purpose. DOE notes it is also actively engaged in a negotiated 
rulemaking to address the standards for these six classes of 
refrigeration systems.

[[Page 69838]]

Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Reporting and recordkeeping 
requirements.

    Issued in Washington, DC, on November 4, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE amends part 431 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations, as set forth below:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.


0
2. Section 431.306 is amended by revising paragraph (e) to read as 
follows:


Sec.  431.306  Energy conservation standards and their effective dates.

* * * * *
    (e) Walk-in cooler and freezer refrigeration systems. All walk-in 
cooler and walk-in freezer refrigeration systems manufactured starting 
on June 5, 2017, must satisfy the following standards:

------------------------------------------------------------------------
                                                         Equations for
        Class descriptor                 Class         minimum AWEF (Btu/
                                                              W-h)
------------------------------------------------------------------------
Dedicated Condensing, Medium      DC.M.I, <9,000.....               5.61
 Temperature, Indoor System,
 <9,000 Btu/h Capacity.
Dedicated Condensing, Medium      DC.M.I, >=9,000....               5.61
 Temperature, Indoor System,
 >=9,000 Btu/h Capacity.
Dedicated Condensing, Medium      DC.M.O, <9,000.....               7.60
 Temperature, Outdoor System,
 <9,000 Btu/h Capacity.
Dedicated Condensing, Medium      DC.M.O, >=9,000....               7.60
 Temperature, Outdoor System,
 >=9,000 Btu/h Capacity.
------------------------------------------------------------------------

[FR Doc. 2015-28728 Filed 11-10-15; 8:45 am]
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