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)

Page Range		69837-69838
FR Document		2015-28728

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 Issue 218 (Thursday, November 12, 2015)

[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: 
Ashley.Armstrong@ee.doe.gov.
    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: Michael.Kido@hq.doe.gov.

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]
BILLING CODE 6450-01-P

69837

Rules and Regulations Federal Register
Vol. 80, No. 218

Thursday, November 12, 2015

This section of the FEDERAL REGISTER Energy, Office of Energy Efficiency and The controlling court order from the
contains regulatory documents having general Renewable Energy, Building Fifth Circuit, which was issued on
applicability and legal effect, most of which Technologies Program, EE–5B, 1000 August 10, 2015, vacates those six
are keyed to and codified in the Code of Independence Avenue SW., standards. These vacated standards
Federal Regulations, which is published under Washington, DC 20585–0121.
50 titles pursuant to 44 U.S.C. 1510. relate to (1) the two energy conservation
Telephone: (202) 586–6590. Email: standards applicable to multiplex
The Code of Federal Regulations is sold by Ashley.Armstrong@ee.doe.gov. condensing refrigeration systems
the Superintendent of Documents. Prices of Mr. Michael Kido, U.S. Department of operating at medium and low
new books are listed in the first FEDERAL Energy, Office of the General Counsel, temperatures and (2) the four energy
REGISTER issue of each week. GC–33, 1000 Independence Avenue conservation standards applicable to
SW., Washington, DC 20585–0121. dedicated condensing refrigeration
Telephone: (202) 586–8145. Email: systems operating at low temperatures.
DEPARTMENT OF ENERGY
Michael.Kido@hq.doe.gov. See 10 CFR 431.306(e) (codifying these
10 CFR Part 431 SUPPLEMENTARY INFORMATION: DOE six standards, together with four distinct
published a final rule, 79 FR 32050 standards applicable to dedicated
[Docket Number EERE–2008–BT–STD–
0015] (June 3, 2014), that set nineteen energy condensing refrigeration systems
conservation standards pertaining to operating at medium temperatures).
RIN 1904–AB86 walk-in coolers and walk-in freezers The final rule on review also
Energy Conservation Program: Energy (collectively, ‘‘walk-ins’’ or ‘‘WICFs’’). A established thirteen other energy
Conservation Standards for Walk-In walk-in, at its basic level, is a conservation standards applicable to
Coolers and Freezers refrigerated box, with a total chilled other components of walk-in coolers
storage area of less than 3,000 square and walk-in freezers: (1) Four standards
AGENCY: Office of Energy Efficiency and feet. The standards promulgated by DOE applicable to dedicated condensing
Renewable Energy, Department of pertained to the primary components
refrigeration systems operating at
Energy. that comprise a walk-in—i.e. panels,
medium temperatures; (2) three
ACTION: Final rule; technical doors, and the refrigeration systems.
standards applicable to panels; and (3)
amendment. The panels and doors of a walk-in
comprise the box, while the six standards applicable to doors. See 79
SUMMARY: The Energy Policy and refrigeration system provides the FR at 32051–32052 (Table I.1) and
Conservation Act of 1975 (EPCA), as cooling air to cool the interior of the 32123–32124 (codified at 10 CFR
amended, requires the Department of box. 431.306(a), (c)–(e)). These standards
Energy (DOE), among other things, to have not been vacated and remain
The Air-Conditioning, Heating and
prescribe performance-based energy subject to the June 5, 2017 compliance
Refrigeration Institute (‘‘AHRI’’) and
conservation standards for walk-in date prescribed by the June 2014 final
Lennox International, Inc. (a
coolers and walk-in freezers. On June 3, rule.
manufacturer of WICF refrigeration
2014, DOE complied with this This final rule is not subject to the
systems) filed petitions for review of
requirement. Recent litigation regarding requirement to provide prior notice and
DOE’s final rule and DOE’s subsequent
these standards resulted in a settlement
denial of a petition for reconsideration an opportunity for public comment
agreement between DOE and the other
of the rule with the United States Court pursuant to 5 U.S.C. 553(b)(B). DOE
parties to that litigation. Consistent with
of Appeals for the Fifth Circuit. Lennox finds good cause to waive the
the parties’ settlement agreement, the
Int'l, Inc. v. Dep't of Energy, Case No. requirement to provide prior notice and
United States Court of Appeals for the
14–60535 (5th Cir.). A number of other an opportunity for public comment as
Fifth Circuit subsequently vacated six
WICF refrigeration system such procedure is unnecessary. DOE
specific standards set forth in the June
manufacturers—Rheem Manufacturing must comply with the order of a Federal
2014 rule. DOE is amending the CFR to
Co., Heat Transfer Products Group, and court, and has no discretion to do
reflect the court’s order vacating the six
Hussmann Corp.—along with the Air otherwise. In implementation of that
standards found in DOE’s regulations
Conditioning Contractors of America (a order, DOE is vacating (1) the two
pertaining to certain refrigeration
trade association representing energy conservation standards
systems used in walk-in cooler and
contractors who install WICF applicable to multiplex condensing
walk-in freezer applications.
refrigeration systems) intervened on the
DATES: This action is effective on refrigeration systems operating at
petitioners’ behalf, while the Natural
November 12, 2015. However, the court medium and low temperatures and (2)
Resources Defense Council—
order had legal effect immediately upon representing itself, the American the four energy conservation standards
its filing on August 10, 2015. Council for an Energy-Efficient applicable to dedicated condensing
mstockstill on DSK4VPTVN1PROD with RULES

Compliance with the remaining Economy, and the Texas Ratepayers’ refrigeration systems operating at low
standards from the June 2014 final rule Organization to Save Energy— temperatures. Comments suggesting any
that were not vacated by the court order intervened on behalf of DOE. As a result other course would serve no useful
continues to be required on June 5, of this litigation, a settlement agreement purpose. DOE notes it is also actively
2017. was reached to address, among other engaged in a negotiated rulemaking to
FOR FURTHER INFORMATION CONTACT: Ms. things, six of the refrigeration system address the standards for these six
Ashley Armstrong, U.S. Department of standards. classes of refrigeration systems.

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69838 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations

Approval of the Office of the Secretary chapter II, subchapter D, of title 10 of § 431.306 Energy conservation standards
the Code of Federal Regulations, as set and their effective dates.
The Secretary of Energy has approved
publication of this final rule. forth below: * * * * *
List of Subjects in 10 CFR Part 431 (e) Walk-in cooler and freezer
PART 431—ENERGY EFFICIENCY
refrigeration systems. All walk-in cooler
Administrative practice and PROGRAM FOR CERTAIN
and walk-in freezer refrigeration
procedure, Confidential business COMMERCIAL AND INDUSTRIAL
systems manufactured starting on June
information, Energy conservation, EQUIPMENT
5, 2017, must satisfy the following
Reporting and recordkeeping
requirements. standards:
■ 1. The authority citation for part 431
Issued in Washington, DC, on November 4, continues to read as follows:
2015. Authority: 42 U.S.C. 6291–6317.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency ■ 2. Section 431.306 is amended by
and Renewable Energy. revising paragraph (e) to read as follows:
For the reasons stated in the
preamble, DOE amends part 431 of

Equations for
Class descriptor Class minimum AWEF
(Btu/W-h)

Dedicated Condensing, Medium Temperature, Indoor System, <9,000 Btu/h Capacity .. DC.M.I, <9,000 .............................. 5.61
Dedicated Condensing, Medium Temperature, Indoor System, ≥9,000 Btu/h Capacity .. DC.M.I, ≥9,000 .............................. 5.61
Dedicated Condensing, Medium Temperature, Outdoor System, <9,000 Btu/h Capacity DC.M.O, <9,000 ............................ 7.60
Dedicated Condensing, Medium Temperature, Outdoor System, ≥9,000 Btu/h Capacity DC.M.O, ≥9,000 ............................ 7.60

[FR Doc. 2015–28728 Filed 11–10–15; 8:45 am] 45215; phone: 513–552–3272; email: Discussion
BILLING CODE 6450–01–P geae.aoc@ge.com. You may view this
We issued a notice of proposed
service information at the FAA, Engine rulemaking (NPRM) to amend 14 CFR
& Propeller Directorate, 12 New England part 39 by adding an AD that would
DEPARTMENT OF TRANSPORTATION Executive Park, Burlington, MA 01803. apply to all GE GEnx–1B turbofan
For information on the availability of engine models. The NPRM published in
Federal Aviation Administration this material at the FAA, call 781–238– the Federal Register on June 17, 2015
7125. (80 FR 34560). The NPRM was
14 CFR Part 39
Examining the AD Docket prompted by multiple reports of engine
[Docket No. FAA–2015–1658; Directorate oil loss and resultant flight plan
Identifier 2015–NE–18–AD; Amendment 39– You may examine the AD docket on diversions. The NPRM proposed to
18320; AD 2015–23–04] the Internet at http:// require removal and replacement of the
RIN 2120–AA64 www.regulations.gov by searching for non-conforming ball valve in the oil
and locating Docket No. FAA–2015– filler cap. We are issuing this AD to
Airworthiness Directives; General 1658; or in person at the Docket correct the unsafe condition on these
Electric Company Turbofan Engines Management Facility between 9 a.m. products.
AGENCY: Federal Aviation and 5 p.m., Monday through Friday, Comments
Administration (FAA), DOT. except Federal holidays. The AD docket
contains this AD, the regulatory We gave the public the opportunity to
ACTION: Final rule. participate in developing this AD. The
evaluation, any comments received, and
SUMMARY: We are adopting a new following presents the comments
other information. The address for the
airworthiness directive (AD) for all received on the NPRM (80 FR 34560,
Docket Office (phone: 800–647–5527) is
General Electric Company (GE) GEnx– June 17, 2015) and the FAA’s response
Document Management Facility, U.S. to each comment.
1B turbofan engine models. This AD Department of Transportation, Docket
was prompted by reports of GEnx–1B Operations, M–30, West Building Support for the NPRM
engine oil loss. This AD requires Ground Floor, Room W12–140, 1200
removal and replacement of the non- One individual commenter expressed
New Jersey Avenue SE., Washington, support for the NPRM (80 FR 34560,
conforming ball valve in the oil filler DC 20590.
cap. We are issuing this AD to prevent June 17, 2015).
loss of engine oil, which could lead to FOR FURTHER INFORMATION CONTACT: Request To Change Applicability
failure of one or more engines, loss of Christopher McGuire, Aerospace
thrust control, and damage to the Engineer, Engine Certification Office, American Airlines (American)
airplane. FAA, Engine & Propeller Directorate, 12 requested that paragraph (c)
mstockstill on DSK4VPTVN1PROD with RULES

Applicability be changed. American
DATES: This AD is effective December New England Executive Park,
stated that the part number and the
17, 2015. Burlington, MA 01803; phone: 781–
post-SB markings are located on the oil
238–7120; fax: 781–238–7199; email:
ADDRESSES: For service information filler cap scupper not on the oil filler
identified in this AD, contact General chris.mcguire@faa.gov. cap itself. American indicated that this
Electric Company, GE Aviation, Room SUPPLEMENTARY INFORMATION: change would improve clarity and
285, 1 Neumann Way, Cincinnati, OH accomplishment of the AD.

VerDate Sep<11>2014 17:30 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12NOR1.SGM 12NOR1

Document Created: 2015-12-14 14:53:32
Document Modified: 2015-12-14 14:53:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment.
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.
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]
FR Citation		80 FR 69837
RIN Number		1904-AB86
CFR Associated		Administrative Practice and Procedure; Confidential Business Information; Energy Conservation and Reporting and Recordkeeping Requirements