81_FR_55085 81 FR 54926 - Energy Conservation Program: Test Procedure for Walk-in Coolers and Walk-in Freezers

81 FR 54926 - Energy Conservation Program: Test Procedure for Walk-in Coolers and Walk-in Freezers

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 159 (August 17, 2016)

Page Range54926-54958
FR Document2016-19104

This document proposes amending the test procedure for certain walk-in cooler and freezer components by improving the procedure's clarity, updating related certification and enforcement provisions to address the performance-based energy conservation standards for walk-in cooler and freezer equipment, and establishing labeling requirements to aid manufacturers in determining which components would be considered for compliance purposes as intended for walk-in cooler and freezer applications. The proposed amendments consist of certain walk-in cooler and freezer refrigeration system-specific provisions, including product-specific definitions, removal of the test method for systems with hot gas defrost, and a method to accommodate refrigeration equipment that use adaptive defrost and on-cycle variable-speed evaporator fan control.

Federal Register, Volume 81 Issue 159 (Wednesday, August 17, 2016)
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Proposed Rules]
[Pages 54926-54958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19104]



[[Page 54925]]

Vol. 81

Wednesday,

No. 159

August 17, 2016

Part II





Department of Energy





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10 CFR Parts 429 and 431





Energy Conservation Program: Test Procedure for Walk-in Coolers and 
Walk-in Freezers; Proposed Rule

Federal Register / Vol. 81 , No. 159 / Wednesday, August 17, 2016 / 
Proposed Rules

[[Page 54926]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2016-BT-TP-0030]
RIN 1904-AD72


Energy Conservation Program: Test Procedure for Walk-in Coolers 
and Walk-in Freezers

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

ACTION: Notice of proposed rulemaking and announcement of public 
meeting.

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SUMMARY: This document proposes amending the test procedure for certain 
walk-in cooler and freezer components by improving the procedure's 
clarity, updating related certification and enforcement provisions to 
address the performance-based energy conservation standards for walk-in 
cooler and freezer equipment, and establishing labeling requirements to 
aid manufacturers in determining which components would be considered 
for compliance purposes as intended for walk-in cooler and freezer 
applications. The proposed amendments consist of certain walk-in cooler 
and freezer refrigeration system-specific provisions, including 
product-specific definitions, removal of the test method for systems 
with hot gas defrost, and a method to accommodate refrigeration 
equipment that use adaptive defrost and on-cycle variable-speed 
evaporator fan control.

DATES: Comments: DOE will accept comments, data, and information 
regarding this notice of proposed rulemaking (NOPR) before and after 
the public meeting, but no later than October 17, 2016. See section V, 
``Public Participation,'' for details.
    DOE will hold a public meeting on Monday, September 12, 2016, from 
9:30 a.m. to 12:30 p.m., in Washington, DC. The meeting will also be 
broadcast as a webinar. See section V, ``Public Participation,'' for 
webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 4A-104, 1000 Independence Avenue SW., 
Washington, DC 20585.
    Any comments submitted must identify the Test Procedure NOPR for 
Walk-in Coolers and Walk-in Freezers, and provide docket number EERE-
2016-BT-TP-0030 and/or regulatory information number (RIN) number 1904-
AD72. Comments may be submitted using any of the following methods:
    (1) Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    (2) Email: WICF2016TP0030@ee.doe.gov. Include the docket number 
and/or RIN in the subject line of the message.
    (3) Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW., Washington, DC 20585-0121. If possible, 
please submit all items on a compact disc (CD), in which case it is not 
necessary to include printed copies.
    (4) Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., 6th Floor, Washington, DC 20024. Telephone: (202) 
586-6636. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).

DOCKET: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    The docket Web page can be found at http://www.regulations.gov/#!docketDetail;D=EERE-2016-BT-TP-0030. The docket Web page will contain 
simple instructions on how to access all documents, including public 
comments, in the docket. See section V for information on how to submit 
comments through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-6590. Email: Ashey.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.

    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact the Appliance and Equipment Standards Program staff at (202) 
586-6636 or by email: WICF2016TP0030@ee.doe.gov.

SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the 
following industry standards into 10 CFR part 431:
    (1) AHRI Standard 420-2008 (``AHRI 420-2008''), ``Performance 
Rating of Forced-Circulation Free-Delivery Unit Coolers for 
Refrigeration,'' approved 2008.
    (2) AHRI Standard 1250-2009 (``AHRI 1250-2009''), ``Standard for 
Performance Rating of Walk-in Coolers and Freezers,'' approved 2009.
    (3) ASHRAE Standard 23.1-2010 (``ASHRAE 23.1-2010''), ``Methods of 
Testing for Rating the Performance of Positive Displacement Refrigerant 
Compressors and Condensing Units that Operate at Subcritical 
Temperatures of the Refrigerant,'' approved 2010.
    (4) ASTM C518-04 (``ASTM C518''), Standard Test Method for Steady-
State Thermal Transmission Properties by Means of the Heat Flow Meter 
Apparatus, approved May 1, 2004.
    Copies of AHRI Standard 420-2008 and AHRI Standard 1250-2009 may be 
purchased from AHRI at 2111 Wilson Boulevard, Suite 500, Arlington, VA 
22201, or by going to http://www.ahrinet.org.
    Copies of ASHRAE 23.1-2010 may be purchased from ASHRAE at 1971 
Tullie Circle NE., Atlanta, GA 30329, or by going to http://www.ashrae.org.
    Copies of ASTM C518 may be obtained from the American Society for 
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 
19428-2959, (610) 832-9500, or http://www.astm.org.
    See section IV.M for a further discussion of these standards.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Actions in Response to ASRAC Negotiated Terms
    1. Definitions
    2. Refrigeration System Test Procedure Modifications
    B. Actions to Facilitate Implementation of Energy Conservation 
Standards
    1. Re-organization and Clarification of the Test Procedure for 
Walk-in Refrigeration Systems, Doors, and Panels

[[Page 54927]]

    2. Representation Requirements
    3. Certification and Compliance Requirements
    4. Enforcement Provisions
    5. Labeling Requirements
    C. Compliance With Other EPCA Requirements
    1. Test Burden
    2. Changes in Measured Energy Use
    3. Cost and Burden Impact on WICF Manufacturers
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    1. Description and Estimated Number of Small Businesses 
Regulated
    2. Description and Estimate of Compliance Requirements
    3. Duplication, Overlap, and Conflict With Other Rules and 
Regulations
    4. Significant Alternatives to the Rule
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Walk-in coolers and walk-in freezers (collectively, ``walk-ins'' or 
``WICFs'') are included in the list of ``covered equipment'' for which 
the U.S. Department of Energy (``DOE'' or ``the Department'') is 
authorized to establish and amend energy conservation standards and 
test procedures. (42 U.S.C. 6311(1)(G)) A walk-in is defined as an 
enclosed storage space of less than 3,000 square feet that can be 
walked into and is refrigerated to prescribed temperatures based on 
whether the given unit is a cooler or a freezer. See generally 42 
U.S.C. 6311(20). In simple terms, a walk-in is an insulated box (or 
envelope) serviced by a refrigerated system that feeds cold air to the 
box's interior. DOE's energy conservation standards and test procedures 
for walk-ins are currently prescribed at 10 CFR 431.306 and 10 CFR 
431.304, respectively. The following sections discuss DOE's authority 
to establish test procedures and certification requirements for walk-
ins and relevant background information regarding DOE's consideration 
of test procedures and certification requirements for this equipment.

A. Authority

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA'' or, in context, ``the Act''), Public Law 94-163 
(codified as 42 U.S.C. 6311-6317, as codified) established the Energy 
Conservation Program for Certain Industrial Equipment, a program 
covering certain industrial equipment, including walk-ins, the subject 
of this document. (42 U.S.C. 6311(1)(G))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    In general, this program addresses the energy efficiency of certain 
types of commercial and industrial equipment. Relevant provisions of 
the Act specifically include definitions (42 U.S.C. 6311), energy 
conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C. 
6314), labelling provisions (42 U.S.C. 6315), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316). 
Manufacturers of covered equipment must use the prescribed DOE test 
procedure as the basis for making representations to the public 
regarding the energy use or efficiency of such equipment. (42 U.S.C. 
6314(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results which measure energy efficiency, 
energy use or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use and shall 
not be unduly burdensome to conduct. See 42 U.S.C. 6293(b)(3) and 42 
U.S.C. 6316(a) (applying 42 U.S.C. 6293 to walk-ins).
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the measured energy efficiency of any covered 
product as determined under the existing test procedure. (42 U.S.C. 
6293(e)(1))
    If adopted, manufacturers would be required to use the proposed 
test procedure and metric when making representations regarding the 
energy use of covered equipment 180 days after the publication date of 
any final rule for those walk-in cooler and walk-in freezers that are 
addressed by the test procedure. (42 U.S.C. 6314(d))
    DOE anticipates proposing amended energy conservation standards for 
certain classes of refrigeration systems for walk-ins in a separate 
rulemaking. See Docket No. EERE-2015-BT-STD-0016.

B. Background

    Section 312 of the Energy Independence and Security Act of 2007, 
Public Law 110-140 (December 19, 2007), required DOE to establish test 
procedures to measure the energy use of walk-in coolers and walk-in 
freezers. On April 15, 2011, DOE published test procedures for the 
principal components that make up a walk-in: The panels, doors, and 
refrigeration systems. DOE took this component-based testing approach 
based on a significant body of feedback from interested parties that 
requiring a single test procedure for an entire walk-in would be 
impractical because most walk-ins are assembled on-site with components 
from different manufacturers. 76 FR 21580, 21582 (April 15, 2011).
    On February 20, 2014, DOE initiated another test procedure 
rulemaking for walk-ins to clarify and modify the test procedures 
published in April 2011. DOE also proposed to revise the existing 
regulations for walk-ins to allow manufacturers to use an alternative 
efficiency determination method (``AEDM'') to certify compliance and 
report ratings, after meeting certain qualifications. DOE published a 
supplemental notice of proposed rulemaking (``SNOPR) on February 20, 
2014, soliciting public comments, data, and information on the test 
procedure modifications. 79 FR 9818. DOE published a final rule 
codifying the test procedure and AEDM provisions for walk-ins on May 
13, 2014. 79 FR 27388.
    DOE also published a notice of proposed rulemaking (``NOPR'') to 
create new performance-based energy conservation standards for walk-ins 
on September 11, 2013. (``September 2013 NOPR'') 78 FR 55782. That NOPR 
addressed the comments received in earlier stages of the rulemaking and 
proposed new energy conservation standards. In conjunction with the 
September 2013 NOPR, DOE published a technical support document 
(``TSD'') to accompany the proposed rule along

[[Page 54928]]

with engineering analysis spreadsheets, the government regulatory 
impact model (``GRIM'') spreadsheet, the life cycle cost (``LCC'') 
spreadsheet, and the national impact analysis (``NIA'') spreadsheet. 
See Docket No. EERE-2008-BT-STD-0015. DOE proposed standards for eight 
dedicated condensing classes of refrigeration systems, two multiplex 
condensing classes of refrigeration systems, three classes of panels, 
four classes of non-display doors, and two classes of display doors. 
(The refrigeration system standards use the metric ``annual walk-in 
energy factor (``AWEF''), and the door standards use an energy use 
metric that incorporates thermal insulating ability and electrical 
energy used by the door. The panel standards are equivalent to those 
previously established and use a measurement of thermal insulation--or 
``R-value''--to represent the energy efficiency of these components.) 
DOE published a final rule adopting these new standards on June 3, 
2014. 79 FR 32050. Except for the equipment classes whose standards 
have been vacated, as described below, compliance with the standards 
adopted in the June 2014 final rule is required starting on June 5, 
2017.
    After publication of the 2014 Final Rule, the Air-Conditioning, 
Heating and Refrigeration Institute (``AHRI'') and Lennox 
International, Inc. (a manufacturer of walk-in refrigeration systems) 
filed petitions for review of DOE's final rule and DOE's subsequent 
denial of a petition for reconsideration of the rule (79 FR 59090 
(October 1, 2014)) 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.). Other walk-in refrigeration system manufacturers--Rheem 
Manufacturing Co. (owner of Heat Transfer Products Group) and Hussmann 
Corp.--along with the Air Conditioning Contractors of America (a trade 
association representing contractors who install walk-in refrigeration 
systems) intervened on the petitioners' behalf, while the Natural 
Resources Defense Council (``NRDC'')--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 
standards for low-temperature dedicated condensing equipment classes 
and both medium- and low-temperature multiplex condensing equipment 
classes.
    A controlling court order from the United States Court of Appeals 
for the Fifth Circuit, issued on August 10, 2015, vacated those six 
standards. On November 12, 2015, DOE amended the CFR to reflect this 
order. As for the remaining standards promulgated by the June 2014 
final rule--i.e. the (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--these standards were not vacated and remain subject to the 
June 5, 2017 compliance date prescribed in the June 2014 final rule. 
See 79 FR at 32051-32052 (Table I.1) and 32123-32124 (codified at 10 
CFR 431.306(a), (c)-(e)).
    To address the vacated standards, DOE established a working group 
to negotiate proposed energy conservation standards to replace them. 
Specifically, on August 5, 2015, DOE published a notice of intent to 
establish a Working Group for Certain Equipment Classes of 
Refrigeration Systems of Walk-in Coolers and Freezers to Negotiate a 
Notice of Proposed Rulemaking for Energy Conservation Standards 
(``Working Group''). 80 FR 46521. The Working Group was established 
under the Appliance Standards and Rulemaking Federal Advisory Committee 
(``ASRAC'') in accordance with the Federal Advisory Committee Act 
(``FACA'') and the Negotiated Rulemaking Act (``NRA''). (5 U.S.C. App. 
2; 5 U.S.C. 561-570, Public Law 104-320.) The purpose of the Working 
Group was to discuss and, if possible, reach consensus on proposed 
standard levels for the energy efficiency of the affected classes of 
walk-in refrigeration systems. The Working Group consisted of 12 
representatives of parties having a defined stake in the outcome of the 
proposed standards and one DOE representative (see Table 1). The 
Working Group consulted as appropriate with a range of experts on 
technical issues. The Working Group met in-person during 13 days of 
meetings held between August 27 and December 15, 2015.

  Table 1--Walk-in Refrigeration Systems Negotiated Rulemaking Working
                                  Group
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             Full Name                           Affiliation
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Ashley Armstrong..................  U.S. Department of Energy.
Lane Burt.........................  Natural Resources Defense Council.
Mary Dane.........................  Traulsen.
Cyril Fowble......................  Lennox International, Inc.
Sean Gouw.........................  CA Investor-Owned Utilities.
Andrew Haala......................  Hussmann Corp.
Armin Hauer.......................  ebm-papst, Inc.
John Koon.........................  Manitowoc Company.
Joanna Mauer......................  Appliance Standards Awareness
                                     Project.
Charlie McCrudden.................  Air Conditioning Contractors of
                                     America.
Louis Starr.......................  Northwest Energy Efficiency
                                     Alliance.
Michael Straub....................  Rheem Manufacturing.
Wayne Warner......................  Emerson Climate Technologies.
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    On December 15, 2015, the Working Group reached consensus on, among 
other things, a series of energy conservation standards to replace 
those that were vacated as a result of the litigation. The Working 
Group assembled their recommendations into a single Term Sheet (See 
Docket EERE-2015-BT-STD-0016, No. 0052) that was presented to, and 
approved by the ASRAC on December 18, 2015. DOE anticipates proposing 
to adopt in a separate rulemaking document energy conservation 
standards consistent with the Working Group's Term Sheet for those 
classes of walk-in refrigeration systems whose standards were vacated. 
See Docket No. EERE-2015-BT-STD-0016 for all background documents on 
the negotiated rulemaking.
    While the Working Group's focus centered primarily on addressing 
the six energy conservation standards for low-temperature dedicated 
condensing

[[Page 54929]]

equipment classes and both medium- and low-temperature multiplex 
condensing equipment classes, (see Docket No. EERE-2015-BT-STD-0016, 
No. 0001 and 0002), the Term Sheet also included recommendations that 
DOE consider making certain amendments involving the test procedure. 
These recommendations addressed technical corrections to the test 
procedure itself; definitions for certain terms to provide clarity 
regarding the applicability of the standards (and, relatedly, the test 
procedure); and other test procedure changes that the Working Group 
deemed necessary in order to implement the agreed-upon refrigeration 
system standards.\2\ DOE considered the approved Term Sheet, along with 
other comments received during the negotiated rulemaking process, in 
developing several of the test procedure amendments that this document 
proposes to adopt.
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    \2\ The recommended changes to the test procedure deal 
exclusively with efficiency measurement and certification for the 
classes of refrigeration systems that were the subject of the 
negotiations, and do not affect the test procedures for the 
refrigeration system standards that were not vacated. They 
specifically address removing test procedure provisions for hot gas 
defrost and requiring that certified efficiency levels for 
comparison to the standards for evaluation of compliance would not 
make use of the test procedure provisions for adaptive defrost or 
on-cycle variable-speed evaporator fans.
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II. Synopsis of the Notice of Proposed Rulemaking

    The proposed provisions fall into two groups. The first group 
consists of test procedure modifications and other additions to the 
regulatory text recommended by the Working Group and listed in the Term 
Sheet, including:

--Adding definitions for the terms ``dedicated condensing unit,'' 
``dedicated condensing refrigeration system,'' ``packaged dedicated 
system,'' ``matched condensing unit,'' ``matched refrigeration 
system,'' ``outdoor dedicated condensing refrigeration system,'' 
``indoor dedicated condensing refrigeration system,'' ``adaptive 
defrost,'' ``process cooling,'' ``preparation room refrigeration,'' and 
``refrigerated storage space,'' and modifying the definition of 
``refrigeration system;''
--Removing the method for calculating defrost energy and defrost heat 
load of a system with hot gas defrost; and
--Establishing a regulatory approach for refrigeration systems with 
adaptive defrost and/or on-cycle variable-speed evaporator fan control, 
that would require demonstration of compliance with the standard for 
any such unit to be based on testing without activation of these 
features, while allowing for representations of their improved 
performance when using these features.

    The second group of proposed provisions consists of test procedure 
modifications and certification, compliance, and enforcement provisions 
that, while not part of the Term Sheet, are necessary for implementing 
the energy conservation standards. This group of proposed changes 
includes:

--Re-organizing the test procedure provisions in 10 CFR 431.304 for 
improved clarity, and correcting typographical errors in the rule 
language;
--Clarifying section 3.0 ``Additional Definitions'' in appendix A to 
subpart R of part 431;
--Modifying the current walk-in certification and reporting 
requirements in 10 CFR 429.53 to clarify applicability of walk-in test 
procedures to certain equipment classes and add provisions for 
reporting additional rating metrics;
--Adding walk-in refrigeration systems, panels, and doors to the list 
of products and equipment included as part of the enforcement testing 
requirements prescribed in 10 CFR 429.110(e)(2); and
--Adding labeling requirements for walk-in refrigeration systems, 
panels, and doors.

III. Discussion

    This proposal stems from the detailed discussions and suggestions 
offered by Working Group participants during the walk-in negotiated 
rulemaking. These participants, in addition to providing detailed 
feedback for consideration in developing the energy conservation 
standards to replace those that were vacated, also offered detailed 
recommendations regarding the walk-in test procedures. These 
recommendations were offered as a means to address questions related to 
the treatment of certain types of features or components that may be 
present in a given walk-in refrigeration system. These aspects of the 
proposal, along with other elements involving the implementation of 
DOE's certification and labeling requirements and general obligations 
under EPCA, are addressed in the sections that follow. While DOE seeks 
comment regarding all aspects of its proposal, section V.E includes a 
detailed list of specific issues on which DOE seeks comment.

A. Actions in Response to ASRAC Negotiated Terms

1. Definitions
    The Working Group recommended that DOE define the terms ``dedicated 
condensing unit,'' ``matched condensing unit,'' and ``outdoor 
condensing unit'' (Term Sheet at EERE-2015-BT-STD-0016, No. 0056, 
recommendation #1); ``adaptive defrost'' (Term Sheet at EERE-2015-BT-
STD-0016, No. 0056, recommendation #2); and ``process cooling,'' 
``preparation room refrigeration,'' and ``storage space'' (Term Sheet 
at EERE-2015-BT-STD-0016, No. 0056, recommendation #7). DOE is also 
proposing to define the terms ``dedicated condensing refrigeration 
system,'' ``outdoor dedicated condensing refrigeration system,'' 
``indoor dedicated condensing refrigeration system,'' ``matched 
refrigeration system,'' ``unit cooler,'' and ``packaged dedicated 
system'' to supplement the Working Group-recommended definitions. These 
supplemental definitions were developed to help enhance the clarity of 
the walk-in regulatory framework and to assist manufacturers in readily 
ascertaining how to classify (and certify for compliance purposes) the 
myriad of refrigeration systems they produce. Finally, DOE is proposing 
to modify the current definition of refrigeration system to align it 
more closely with the terminology being defined here. The following 
sections address DOE's proposed definitions, all of which would appear 
in 10 CFR 431.302, if adopted. (The precise text for each of these 
definitions appears under the proposed regulatory text appearing at the 
end of this document.)
a. Dedicated Condensing Unit and Dedicated Condensing Refrigeration 
System
    In the June 2014 final rule, DOE divided refrigeration systems into 
classes based on their treatment under the test procedure with respect 
to condensing unit configuration. 79 FR at 32069-32070. (denoting 
``dedicated condensing'' equipment class standards as applying to 
systems consisting of (a) a dedicated condensing unit and a unit 
cooler, (b) a single-package system that includes an entire 
refrigeration system, and (c) stand-alone dedicated condensing units.) 
In a related test procedure final rule, DOE also revised the regulatory 
approach for dedicated condensing walk-in refrigeration systems by 
specifying that in those instances where a complete walk-in 
refrigeration system consists of a unit cooler and condensing unit that 
are

[[Page 54930]]

sourced from separate manufacturers, each of those manufacturers (i.e., 
original equipment manufacturer or ``OEM'') is responsible for 
certifying the compliance of their respective components. See 79 FR 
27388 (May 13, 2014) (``May 2014 test procedure rule''). Under this 
approach, the entity that combines and sells the matched-pair system 
consisting of the separately-sourced unit cooler and dedicated 
condensing unit need only ensure that the unit cooler and condensing 
unit, by themselves, have been certified by their respective 
manufacturers to meet the relevant energy conservation standard. The 
May 2014 test procedure rule also adopted testing methods to enable an 
OEM to readily test and rate a condensing unit individually.
    Proper classification of condensing units by type is important 
because DOE has consistently held that the condensers and compressors 
of a multiplex condensing system are not covered by walk-in 
regulations. (See the September 2013 NOPR, 78 FR at 55801; see also 
Docket No. EERE-2011-BT-TP-0024, DOE, Public Meeting Transcript 
(October 22, 2014), No. 0117 at p. 21) DOE has not previously defined 
either dedicated condensing unit or multiplex condensing equipment, and 
the Working Group recommended defining the former to clarify what 
equipment would be subject to condensing unit standards. Thus, as part 
of the negotiated terms, the Working Group recommended that DOE codify 
a definition for ``dedicated condensing unit.'' (See Term Sheet, Docket 
No. EERE-2015-BT-STD-0016, No. 0056, Recommendation #1)
    During the Working Group negotiation meetings, participants 
discussed several factors that may distinguish dedicated condensing 
equipment from multiplex condensing equipment. First, the Working Group 
discussed the components found in a dedicated condensing unit. Lennox 
recommended that a dedicated condensing unit should be a factory-made 
assembly that includes one or more compressors, a condenser, and one 
refrigeration circuit. (Docket No. EERE-2015-BT-STD-0016, Lennox, 
Public Meeting Transcript (October 16, 2015), No. 0063 at pp. 247-248) 
Lennox also clarified that it considered a single package refrigeration 
system (that is, a factory-made assembly consisting of one or more 
compressors, a condenser, and an evaporator) to be a type of dedicated 
condensing system. (Docket No. EERE-2015-BT-STD-0016, DOE and Lennox, 
Public Meeting Transcript (October 16, 2015), No. 0063 at pp. 249-251)
    Second, the Working Group discussed how to treat a single assembly 
with multiple compressors and/or condensers. Lennox recommended that 
the definition also specify that a dedicated condensing system is 
designed to serve one refrigerated load. (Docket No. EERE-2015-BT-STD-
0016, Lennox, Public Meeting Transcript (October 16, 2015), No. 0063 at 
pp. 247-248) Hussmann also noted that a dedicated condensing unit could 
be packaged with other dedicated condensing units, but could still be 
covered as long as the individual unit has one refrigeration circuit. 
(Docket No. EERE-2015-BT-STD-0016, Hussmann, Public Meeting Transcript 
(October 16, 2015), No. 0063 at pp. 253-254) Lennox then clarified 
that, in its view, a single, stand-alone condensing unit would be 
considered a dedicated condensing unit, but so would a unit with 
multiple independent circuits, as well as systems with parallel pipe 
systems that serve one load. However, a unit with a common condenser 
coil with multiple refrigeration inlets would not be considered as a 
dedicated condensing unit. (Docket No. EERE-2015-BT-STD-0016, Lennox, 
Public Meeting Transcript (October 16, 2015), No. 0063 at pp. 256-257)
    The proposed dedicated condensing equipment class definition 
addresses three refrigeration system configurations--(1) a dedicated 
condensing unit; (2) a packaged dedicated system; and (3) a matched 
refrigeration system. To emphasize this three-pronged approach, DOE 
proposes defining what a dedicated condensing refrigeration system is 
to clarify the scope of this equipment class. Consistent with Lennox's 
assertion that single package refrigeration systems are a type of 
dedicated condensing system, DOE is proposing to include this 
configuration in the proposed definition. DOE also proposes that a 
matched condensing system--consisting of a dedicated condensing unit 
that is distributed in commerce with one or more specific unit 
coolers--would also be treated as a kind of dedicated condensing 
system. (The following two sections discuss packaged dedicated systems 
and matched systems in more detail.) Finally, DOE proposes to include 
in the definition that a dedicated condensing system could consist of a 
dedicated condensing unit sold separately from any unit cooler. This 
proposed clarification underpins DOE's certification approach of 
allowing manufacturers to test and rate condensing units separately to 
certify compliance with the dedicated condensing standard, without 
having to distribute their condensing units in commerce with one or 
more specific unit coolers.
    Each of these elements is reflected in DOE's proposed definition 
for ``dedicated condensing unit,'' which would require such a unit be a 
positive displacement condensing unit that is part of a refrigeration 
system (as defined in 10 CFR 431.302) and is an assembly that (1) 
includes 1 or more compressors, a condenser, and one refrigeration 
circuit and (2) is designed to serve one refrigerated load.
    This definition omits the term ``factory-made'' from the definition 
to avoid suggesting that such an assembly is not a condensing unit (and 
thus not covered by DOE regulations) if it happens to be assembled from 
its subcomponents after shipment from the factory.
    Additionally, for the reasons discussed in this preamble, DOE is 
proposing to define ``dedicated condensing refrigeration system'' as 
referring to a (a) dedicated condensing unit, (b) packaged dedicated 
system, or (c) matched refrigeration system.
    DOE notes that the proposed definition would encompass a dedicated 
condensing system that may be part of an assembly or package that 
includes other equipment--an approach that is consistent with 
Hussmann's comment discussed earlier.
    DOE requests comment on the proposed definitions for dedicated 
condensing unit and dedicated condensing refrigeration system.
b. Packaged Dedicated System
    DOE is proposing to treat a packaged dedicated system as a type of 
dedicated condensing refrigeration system. These systems are factory-
assembled equipment where the components serving the compressor, 
condenser, and evaporator functions are ``packaged'' into a single 
piece of equipment. The system is then installed as part of a walk-in 
application with the compressor and condenser located on the outside of 
the walk-in envelope (i.e., the boxed storage enclosure) and the 
evaporator on the inside. (When using such a system, the walk-in 
insulated enclosure is manufactured with a hole in the wall or ceiling 
in which the packaged system is mounted.) The use of this equipment is 
necessarily limited to small-capacity walk-ins due to load-bearing 
limitations of the walk-in envelope. DOE is proposing to define 
``packaged dedicated systems'' by combining elements of the proposed 
definition for ``dedicated condensing unit'' (see section III.A.1.a) 
and the definition for

[[Page 54931]]

``forced-circulation free-delivery unit cooler (unit cooler)'' from 
AHRI-1250-2009. Consequently, DOE is proposing to define a ``packaged 
dedicated system'' as ``a refrigeration system (as defined in 10 CFR 
431.302) that is a single-package assembly that includes one or more 
compressors, a condenser, a means for forced circulation of 
refrigerated air, and elements by which heat is transferred from air to 
refrigerant, without any element external to the system imposing 
resistance to flow of the refrigerated air.''
    DOE requests comment on the proposed definition for packaged 
dedicated system.
c. Matched Condensing Unit and Matched Refrigeration System
    During one of the initial Working Group meetings, DOE offered for 
consideration a definition for a matched condensing unit--specifically, 
to define this term as ``a dedicated condensing unit that is 
distributed in commerce with one or more specific unit coolers.'' 
(Docket No. EERE-2015-BT-STD-0016, DOE, Public Meeting Transcript 
(October 15, 2015), No. 0062 at p. 138-139) In offering this 
definition, DOE intended to distinguish a matched condensing unit from 
an individually-sold condensing unit for testing purposes. (This 
distinction is critical since a matched system could be tested using 
the currently prescribed test method from AHRI 1250-2009 for variable-
speed compressors, while an individually-sold dedicated condensing unit 
could not). The Working Group later recommended a modified version of 
this definition to indicate that the unit coolers matched to the 
condensing unit would be specified by the condensing unit manufacturer. 
That modified definition, which DOE is proposing to include as part of 
10 CFR 431.302, would define a ``matched condensing unit'' as ``a 
dedicated condensing unit that is distributed in commerce with one or 
more unit cooler(s) specified by the condensing unit manufacturer.''
    For completeness, DOE is also proposing to define ``matched 
refrigeration system'' (also called ``matched pair'') as ``a 
refrigeration system including the matched condensing unit and the one 
or more unit coolers with which it is distributed in commerce.''
    DOE requests comments on the proposed definitions for matched 
condensing unit and matched refrigeration system.
d. Outdoor and Indoor Dedicated Condensing Refrigeration Systems
    DOE currently distinguishes the dedicated condensing refrigeration 
system classes based on whether the condensing unit is located indoors 
or outdoors. 79 FR at 32069-32070. Building on this established 
foundation, DOE is proposing definitions for the terms ``outdoor 
dedicated condensing refrigeration system'' and ``indoor dedicated 
condensing refrigeration system'' to distinguish these classes of 
equipment for standards and rating purposes. Because outdoor systems 
are tested differently and generally have very different measured AWEF 
values than indoor systems, DOE believes that these class distinctions 
should be clearly defined.
    In developing these definitions, DOE relied on the fact that 
outdoor condensing units use an outer casing to protect the unit's 
internal components from weather-related elements. During the 
negotiated rulemaking meetings, AHRI suggested that DOE include in the 
definition the phrase, ``designed to be installed and operated outside 
the building envelope'' so that adding a casing to a unit designed to 
be an indoor condensing unit (e.g., for purposes of fan protection) 
would not cause DOE to consider it as an outdoor condensing unit. 
(Docket No. EERE-2015-BT-STD-0016, AHRI, Public Meeting Transcript 
(December 15, 2015), No. 0060 at p. 137) DOE asked AHRI to identify 
design differences that could help DOE determine whether a certain 
condensing unit is designed for indoor or outdoor use. (Docket No. 
EERE-2015-BT-STD-0016, DOE, Public Meeting Transcript (December 15, 
2015), No. 0060 at pp. 149-150) The Working Group ultimately agreed 
that an outdoor condensing system must be ``capable of maintaining the 
medium-temperature or low-temperature DOE test procedure box conditions 
(as specified in 10 CFR 431.304) for an extended period at the 
35[emsp14][deg]F outdoor temperature condition.'' (Term Sheet at EERE-
2015-BT-STD-0016, No. 0056, Recommendation #1)
    DOE considered the Term Sheet's recommendation and is proposing to 
clarify the recommendation in the context of the walk-in test 
procedure. First, the recommendation uses the terminology ``maintaining 
the . . . box conditions'' in describing an outdoor condensing system. 
DOE notes that during testing of walk-in refrigeration systems, the 
space occupied by the unit cooler is conditioned to the specified 
operating conditions (e.g., 35[emsp14][deg]F for medium-temperature 
systems and -10[emsp14][deg]F for low-temperature systems) regardless 
of the operation of the system being tested. Hence, the test room 
conditions would not necessarily deviate from these specified 
temperatures, which would be an indication that the refrigeration 
system under test is not capable of maintaining the box conditions. DOE 
proposes that determining whether the refrigeration system can maintain 
box conditions would be based on the measured net capacity for the 
system when operating at the 35[emsp14][deg]F outdoor condition--
specifically, DOE proposes that this net capacity must be no less than 
65 percent of the net capacity when tested at 95[emsp14][deg]F outdoor 
conditions for a unit to be considered an outdoor condensing system. 
DOE selected this comparison because the box loads specified for 
operation in a 35[emsp14][deg]F outdoor condition in AHRI 1250-2009 for 
outdoor condensing systems during the high load period (Equation 3 for 
medium-temperature and Equation 7 for low-temperature) are equal to 65 
percent of the net capacity measured for the 95[emsp14][deg]F outdoor 
condition.
    Second, DOE would clarify that ``an extended period'' would mean a 
period of no less than an hour. DOE notes that during testing of walk-
in refrigeration systems, AHRI 1250-2009 requires that data be recorded 
for a period of at least 30 minutes after approaching steady state for 
at least 30 minutes at the specified test conditions (see section C3.6 
in Appendix C of AHRI 1250-2009). Together, the 30 minutes taken to 
reach steady state and the 30 minutes of data recording time starting 
after steady state has been achieved add up to an hour of testing. 
While DOE would expect that an outdoor unit would be able to maintain 
the required capacity level for many hours, not just one, DOE believes 
that any inability to maintain this capacity (e.g., due to inability to 
maintain sufficient refrigerant pressure at the inlet to the expansion 
device to maintain adequate refrigerant flow) would already have 
manifested itself within an hour. This is because, for steady-state 
operation, the refrigerant in a walk-in refrigeration system would 
circulate through the system many times before an hour would have 
elapsed,\3\ thus if it was going to be ``held up'' by the expansion 
valve due to insufficient refrigerant pressure, such an issue would 
have been observed long before the end of the hour.
---------------------------------------------------------------------------

    \3\ For example, for a set of dedicated condensing systems 
tested by DOE, the range of time required for the refrigerant to 
circulate fully around the circuit (calculated as the refrigerant 
charge divided by the mass flow rate) averaged 3 minutes.
---------------------------------------------------------------------------

    Consistent with this approach, DOE is proposing to define an 
``outdoor

[[Page 54932]]

dedicated condensing refrigeration system'' as ``a dedicated condensing 
unit, packaged dedicated system, or matched refrigeration system in 
which the assembly (including the compressor(s) and condenser) is 
encased and the system is capable of maintaining a net capacity at the 
35[emsp14][deg]F outdoor temperature condition that is no less than 65 
percent of the net capacity measured at the 95[emsp14][deg]F outdoor 
temperature condition for a period of no less than one hour.''
    Although the Term Sheet originally recommended a definition for 
``outdoor condensing unit'' to encompass certain dedicated condensing 
units and matched condensing units, DOE is proposing a slightly 
modified definition that expands the scope to packaged dedicated 
systems (defined in section III.A.1.b). DOE believes its proposed 
definition is consistent with the intent of the Working Group as 
expressed in the Term Sheet.
    For completeness, DOE is also proposing to define an ``indoor 
dedicated condensing refrigeration system'' as ``a dedicated condensing 
refrigeration system that is not an outdoor dedicated refrigeration 
system.''
    DOE requests comments on the proposed definitions for indoor and 
outdoor condensing units.
e. Unit Cooler
    In addition to dedicated condensing systems, the definition of 
``refrigeration system'' in 10 CFR 431.302 also includes unit coolers 
connected to a multiplex condensing system. DOE previously referred to 
this class of equipment as ``multiplex condensing,'' abbreviated as 
``MC.'' However, manufacturers have indicated that unit coolers can be 
installed in either dedicated condensing or multiplex condensing 
applications, and that most units that are shipped individually are 
installed in dedicated condensing systems. (See manufacturer-submitted 
Excel spreadsheet, Docket No. EERE-2015-BT-STD-0016, No. 0029, noting 
in column ``K'' that approximately 82 percent of unit coolers are used 
in dedicated condensing applications, while approximately 18 percent 
are used in multiplex condensing applications.) In the May 2014 test 
procedure rule, DOE implemented a certification approach where all unit 
coolers sold separately (that is, not distributed in commerce as part 
of a matched-pair system) must be tested and rated as part of the 
multiplex condensing system class. However, as mentioned in this 
preamble, these unit coolers could be installed in either dedicated 
condensing or multiplex condensing applications. The multiplex 
condensing unit itself is not covered by the standard (as discussed in 
section III.A.1.a), which could create confusion if the ``multiplex 
condensing'' reference were to continue to be used. To align its 
terminology with the actual use of this equipment, DOE is proposing to 
drop the term ``multiplex condensing'' and re-name this class of 
equipment as ``unit coolers'' (i.e. ``UC'').
    In section 3.3 of AHRI 1250-2009, the test procedure incorporated 
by reference (see 10 CFR 431.303), unit coolers (or, more specifically, 
``Forced-Circulation Free-Delivery Unit Coolers (Unit Coolers)'') are 
defined as ``[a] factory-made assembly, including means for forced air 
circulation and elements by which heat is transferred from air to 
refrigerant without any element external to the cooler imposing air 
resistance. These may also be referred to as Air Coolers, Cooling 
Units, Air Units or Evaporators.'' DOE believes this definition for 
``unit coolers'' is appropriate. However, due to the importance of the 
term ``unit cooler'' in the walk-in regulations, DOE proposes to add a 
definition in its test procedure using nearly the same text that 
currently is used in AHRI 1250-2009. DOE proposes to remove the term 
``factory-made'' from the definition to avoid suggesting that such an 
assembly is not a unit cooler (and thus not covered by DOE regulations) 
if it happens to be assembled from its subcomponents after shipment 
from the factory (similar to the approach taken for ``dedicated 
condensing unit'' as described in section III.A.1.a). Unit coolers 
would be treated as covered equipment since they would continue to fall 
within the definition for ``refrigeration system'' as discussed in the 
next section.
    DOE requests comment on its proposal to change the ``multiplex 
condensing'' class designation to ``unit cooler'' and on its proposal 
to add a definition for ``unit cooler'' in the CFR, using the 
definition that currently is in AHRI 1250-2009.
f. Refrigeration System
    For purposes of clarity, DOE is proposing to modify the current 
definition of ``refrigeration system'' in 10 CFR 431.302 to align it 
with the new definitions discussed earlier. ``Refrigeration system'' is 
currently defined as ``the mechanism (including all controls and other 
components integral to the system's operation) used to create the 
refrigerated environment in the interior of a walk-in cooler or 
freezer, consisting of: (1) A packaged dedicated system where the unit 
cooler and condensing unit are integrated into a single piece of 
equipment; or (2) A split dedicated system with separate unit cooler 
and condensing unit sections; or (3) A unit cooler that is connected to 
a multiplex condensing system.'' DOE is proposing to consolidate and 
re-word clauses (1) and (2) in the current definition to refer to the 
new, proposed definition for ``dedicated condensing system.'' As the 
proposed definition for ``dedicated condensing system'' encompasses 
both packaged dedicated systems and matched refrigeration systems 
consisting of a dedicated condensing unit and one or more unit coolers, 
DOE believes the term ``dedicated condensing system'' can replace 
clauses (1) and (2) in the proposed definition without reducing the 
overall scope of coverage. This replacement will also serve to clarify 
that a dedicated condensing unit can also be considered a refrigeration 
system, as the proposed definition of ``dedicated condensing system'' 
includes dedicated condensing units.
    DOE is also proposing to remove the specification ``that is 
connected to a multiplex condensing unit'' from clause (3) of the 
current definition. As discussed in the previous section, walk-in unit 
coolers can be installed in either dedicated condensing or multiplex 
condensing applications, and most that are shipped individually are 
installed in dedicated condensing systems. DOE does not intend to imply 
that only walk-in unit coolers installed in multiplex condensing 
applications are covered, because walk-in unit coolers are covered 
under the standard regardless of whether they are ultimately installed 
in dedicated condensing or multiplex condensing applications.
    The modified definition of ``refrigeration system'' would define 
this term as ``the mechanism (including all controls and other 
components integral to the system's operation) used to create the 
refrigerated environment in the interior of a walk-in cooler or 
freezer, consisting of: (1) A dedicated condensing refrigeration system 
(as defined in 10 CFR 431.302); or (2) A unit cooler.''
    DOE requests comment on the proposed modifications to the 
definition of refrigeration system.
g. Adaptive Defrost
    The May 2014 test procedure rule implemented a credit for systems 
having an adaptive defrost system that manufacturers could use in lieu 
of testing the adaptive defrost feature using the relevant provision in 
AHRI 1250-2009, incorporated by reference in the DOE test procedure, 
when calculating

[[Page 54933]]

the efficiency of their refrigeration systems. (See 10 CFR 
431.304(c)(10)(ix)) Manufacturers, however, expressed concerns that DOE 
had not adequately defined ``adaptive defrost'' and that the test 
procedure could permit a manufacturer to claim the energy efficiency 
credit for systems with this feature even if those systems may not 
necessarily yield the efficiency performance improvement consistent 
with the credit provided by the test procedure. (See discussions at 
Docket No. EERE-2015-BT-STD-0016, Lennox, Public Meeting Transcript 
(September 11, 2015), No. 0061 at p. 0087; and Docket No. EERE-2015-BT-
STD-0016, Lennox and Rheem, Public Meeting Transcript (September 30, 
2015), No. 0067 at pp. 138-144) To address this issue, DOE offered a 
definition for ``adaptive defrost'' for the Working Group to consider 
during the negotiated rulemaking. In particular, during the October 15, 
2015 public meeting, DOE suggested revising the definition for adaptive 
defrost to refer to a defrost control system that reduces defrost 
frequency by initiating defrosts or adjusting the number of defrosts 
per day in response to operating conditions (e.g., moisture levels in 
the refrigerated space, measurements that represent coil frost load) 
rather than initiating defrost strictly based on compressor run time or 
clock time, such that the time interval between defrosts is at least 12 
hours when operating in a space maintained at -10 [deg]F and less than 
50% relative humidity. (See public meeting presentation, Docket No. 
EERE-2015-BT-STD-0016, No. 0027 at p. 7)
    Commenting on this definition, AHRI, Hussmann, and Lennox 
questioned whether DOE should specify a time interval between defrosts. 
Lennox and Hussmann believed that the additional clarification for the 
time interval was not a necessary part of the definition, while AHRI 
observed that if adaptive defrost is defined based on a response to 
moisture levels, the definition should not also indicate defrost 
frequency because this would effectively make the definition time-
based. Hussmann added that a defrost controller may meet the time 
interval but not function well (a sentiment later reiterated by 
KeepRite). (Docket No. EERE-2015-BT-STD-0016, AHRI, Hussmann, and 
Lennox, Public Meeting Transcript (October 15, 2015), No. 0062 at pp. 
143-145; Keeprite, Public Meeting Transcript (October 15, 2015), No. 
0062 at p. 153) Rheem suggested that the adaptive defrost could be 
dependent on the heat load. (Docket No. EERE-2015-BT-STD-0016, Rheem, 
Public Meeting Transcript (October 15, 2015), No. 0062 at pp. 146) ASAP 
noted that it was important to verify that an adaptive defrost system 
is saving energy, but Lennox pointed out that doing so would require 
the test procedure to be revised to validate the savings of an adaptive 
defrost system versus a standard defrost approach. ASAP then replied 
that DOE could specify that the manufacturer is not required to perform 
the test, but the method could provide a way for DOE to verify 
performance of the system (Docket No. EERE-2015-BT-STD-0016, ASAP and 
Lennox, Public Meeting Transcript (October 15, 2015), No. 0062 at pp. 
146-149) Hussmann then asked whether a mechanism that shortened defrost 
duration would be considered demand defrost, but DOE noted that the 
effect of this would be captured during the regular defrost test, and 
AHRI agreed that reducing the time of the defrost would not be counted 
under the definition. (Docket No. EERE-2015-BT-STD-0016, Hussmann and 
AHRI, Public Meeting Transcript (October 15, 2015), No. 0062 at pp. 
152-156) National Coil suggested that the definition should replace the 
phrase ``response to operating conditions'' with ``response to frosting 
conditions,'' but DOE noted that the definition was not intended to 
restrict the technology that manufacturers would use to determine when 
a defrost is necessary. (Docket No. EERE-2015-BT-STD-0016, National 
Coil, Public Meeting Transcript (October 15, 2015), No. 0062 at pp. 
159-160) The Working Group was unable to agree on a definition at the 
time and postponed further discussion until a future meeting.
    In the November 3 meeting, several Working Group members and other 
attendees provided further input on the definition for adaptive 
defrost. AHRI indicated that the definition should be consistent with 
the approach followed for heat pumps and require that the unit should 
sense an actual need for a defrost instead of being based on time. 
(Docket No. EERE-2015-BT-STD-0016, AHRI, Public Meeting Transcript 
(December 3, 2015), No. 0057 at p. 131) While AHRI did not specify the 
type of heat pumps it was referencing, DOE notes that the current test 
procedure for central air conditioners and heat pumps includes a 
definition for ``demand-defrost control system,'' which requires the 
controls to monitor and record at least once for every ten minutes of 
compressor on-time during space heating one or more parameters that 
always vary with the amount of frost accumulated (See 10 CFR 430, 
subpart B, appendix M, sec. 1). Emerson raised the issue of how to 
assign an adaptive defrost credit if the unit cooler and condensing 
unit were sold separately and argued that the definition should cover 
the case where the sensors and communication board are on the unit 
cooler and the system's processing power (i.e., decision-making) is 
located on the condensing unit. Lennox and AHRI agreed that it would 
not be necessary for both components to have all of the necessary 
features for the system as a whole to have adaptive defrost capability, 
and Hussmann noted that some systems have all of the necessary 
components on the unit cooler. Emerson and Rheem then questioned how 
the condensing unit could receive credit for the system having adaptive 
defrost ability in this case, when the manufacturer would not know 
whether it was going to be paired with a unit cooler that has the 
capability for using adaptive defrost. Rheem noted that, in this 
situation, any components that the manufacturer included on the 
condensing unit would ultimately be unused. (Docket No. EERE-2015-BT-
STD-0016, AHRI, Lennox, Emerson, Rheem, and Hussmann, Public Meeting 
Transcript (December 3, 2015), No. 0057 at pp. 132-140) Hussmann then 
suggested that the manufacturer of the condensing unit could show that 
the unit has adaptive defrost compatibility with a note in the 
instruction manual or a sticker on the unit, but ASAP expressed concern 
that the condensing unit could, in spite of the instructions, be 
installed with a unit cooler that does not have adaptive defrost 
capability. (Docket No. EERE-2015-BT-STD-0016, Hussmann and ASAP, 
Public Meeting Transcript (December 3, 2015), No. 0057 at pp. 142-144)
    As discussed in section III.A.2.b, the Working Group agreed, and 
DOE is separately proposing, that manufacturers should rate their 
systems for compliance purposes without the adaptive defrost credit, 
but that the test procedure would continue to retain its current method 
for calculating the benefit of adaptive defrost to permit manufacturers 
to make representations of system efficiency with this feature 
included. After settling on this approach, the Working Group agreed on 
a definition of adaptive defrost without resolving the question of how 
DOE would verify that a unit cooler or condensing unit has adaptive 
defrost capability. Consistent with the Term Sheet, DOE proposes to 
define ``adaptive defrost'' as ``a defrost control system that reduces 
defrost frequency by initiating defrosts or adjusting the number of 
defrosts per day in response to operating conditions (e.g., moisture

[[Page 54934]]

levels in the refrigerated space, measurements that represent coil 
frost load) rather than initiating defrost strictly based on compressor 
run time or clock time.'' See Docket No. EERE-2015-BT-STD-0016, Public 
Meeting Transcript (December 15, 2015), No. 0060 at p.157.
    The proposed definition does not specify which features must be 
included on (or with) the unit cooler or condensing unit; based on the 
discussion outlined in this preamble, features may not be consistent 
across manufacturers or installed systems. Also in accordance with 
Working Group recommendations discussed earlier in this section, the 
proposed definition specifies that the defrost is initiated based on 
operating conditions and not on time. Although the proposed definition 
lists some examples of operating conditions, it does not prescribe 
which conditions the controller must rely on to initiate the defrost.
    DOE requests comment on the proposed definition for adaptive 
defrost.
h. Process Cooling, Preparation Room Refrigeration, and Storage Space
    The statutory definition of a walk-in cooler is ``an enclosed 
storage space refrigerated to temperatures, respectively, above, and at 
or below 32 degrees Fahrenheit that can be walked into, and has a total 
chilled storage area of less than 3,000 square feet; however, the terms 
do not include products designed and marketed exclusively for medical, 
scientific, or research purposes.'' (42 U.S.C. 6311(20)) The use of the 
term ``storage space'' in the definition raises questions about which 
refrigerated spaces would qualify as a ``storage space'' and thereby 
comprise equipment subject to the walk-in standards.
    To address this ambiguity, Working Group meeting participants asked 
DOE to add definitions to help clarify certain refrigeration system 
applications. (See manufacturer-submitted material at Docket No. EERE-
2015-BT-STD-0016, No. 0006 at p. 2 and Docket No. EERE-2015-BT-STD-
0016, Lennox, Public Meeting Transcript (August 27, 2015), No. 0015 at 
pp. 96-97; and Docket No. EERE-2015-BT-STD-0016, AHRI, Public Meeting 
Transcript (December 15, 2015), No. 0060 at pp. 141-142) As part of the 
negotiated terms, DOE agreed to create walk-in-specific definitions for 
``process cooling,'' ``preparation room refrigeration,'' and ``storage 
space.'' (See Term Sheet at EERE-2015-BT-STD-0016, No. 0056, 
Recommendation #7) In the following paragraphs, DOE discusses its 
proposed definitions for these terms.
Process Cooling
    Interested parties first asked DOE to clarify the applicability of 
standards to certain types of process cooling refrigeration systems 
during the initial rulemaking that culminated in the June 2014 final 
rule. In the preamble to that final rule, DOE clarified that blast 
chillers and blast freezers (which it considered types of process 
cooling) would not be required to meet the walk-in standards. At the 
time, DOE explained its understanding that the description contained in 
that document was sufficiently clear to enable manufacturers to readily 
determine whether a particular device they produce would be subject to 
the standards. DOE further noted that equipment used solely for process 
cooling applications is generally excluded from the standards, but that 
it could not categorically exclude from coverage any products used for 
both process and storage applications. 79 FR at 32068.
    At a subsequent public meeting that DOE held in October 2014 to 
clarify aspects of the test procedure, DOE again stated that blast 
chillers and blast freezers did not fall within the scope of the energy 
conservation standards established for walk-ins in the June 2014 final 
rule. However, DOE acknowledged at the time that it did not have a 
definition for ``process'' cooling in the context of walk-ins. (Docket 
No. EERE-2011-BT-TP-0024, Heatcraft and DOE, Public Meeting Transcript 
(October 22, 2014), No. 0117 at pp. 61-63)
    DOE has considered process cooling more carefully in light of the 
Working Group's request to develop clarifying definitions. DOE 
concludes that its initial statements in the 2014 final rule that blast 
chillers and blast freezers are not walk-ins were in error. DOE now 
believes that these categories of equipment, referred to as ``process 
cooling equipment'' do fall under the EPCA definition for walk-ins and 
are, for the reasons that follow, subject to standards. DOE notes that 
it is proposing an approach for process cooling equipment that differs 
from the component-based approach that applies to other walk-ins.
    In again reviewing DOE's treatment of process cooling, DOE first 
considered whether process cooling equipment that resembles walk-ins 
are indeed walk-ins as defined by EPCA. DOE has tentatively determined 
that certain equipment marketed as blast chillers and/or blast freezers 
(and discussed in the context of this rulemaking as process cooling 
equipment (see, e.g., 79 FR at 36067 (June 3, 2014)) meet the 
requirements for walk-in coolers and freezers under the EPCA 
definition. EPCA defines ``walk-in'' as an ``enclosed storage space.'' 
(42 U.S.C. 6311(20)(A)) However, the statute does not define 
``storage'' and provides no minimum duration for a stored item to 
remain within the walk-in to qualify as storage. As noted earlier, the 
Working Group asked DOE to develop a definition for ``storage space,'' 
which indicates that there is not necessarily a clear distinction 
between storage space and process space in the context of walk-in 
coolers and walk-in freezers.
    In applying the statute's use of the term ``storage space,'' the 
key question is whether the use of a blast chiller's refrigerated space 
for rapid pulldown of the temperature of the contents placed within the 
enclosure, in and of itself, excludes the internal space from being 
considered storage space. On one hand, the contents are being acted 
upon rather than simply passively sitting. On the other hand, these 
contents are also placed in the space for a certain period of time, 
i.e., the contents are placed in the space for later access. In the 
June 2014 final rule, DOE referenced a period of 90 minutes when 
discussing the difference between process equipment and walk-ins. See 
79 FR at 32068. DOE considered whether the referenced time period is 
appropriate to distinguish between a storage and process cooling 
application. DOE has tentatively determined, however, that the duration 
of time that contents are stored in the equipment is not an appropriate 
means for excluding certain equipment from the definition of walk-in 
cooler or walk-in freezer because there is no clear standard 
demarcating a boundary between what does and does not constitute 
storage. To the extent that this equipment is an enclosed refrigerated 
space that can be used to retain goods for an unspecified period of 
time and can be walked into with a chilled area less than 3,000 square 
feet and is not designed and marketed exclusively for medical, 
scientific, or research purposes, even if the goods are being 
interacted with/upon while in the chilled area (see 42 U.S.C. 
6311(20)), DOE now considers this equipment to be a walk-in. Hence, DOE 
is clarifying that process cooling equipment, including blast chillers 
and blast freezers, fall within the statutory definition for walk-in 
coolers and freezers.
    In light of this clarification of how process-cooling applications 
fit within the EPCA definition of WICF, DOE also

[[Page 54935]]

reviewed the applicability of the statutory standards for the three 
primary walk-in components. Currently, panels, doors, and refrigeration 
systems must meet statutorily prescribed standards as set forth in 42 
U.S.C. 6313(f) (codified at 10 CFR 431.306(a)-(b)). These statutorily 
prescribed standards apply to all regulated walk-in components used in 
any equipment that meets the definition of a WICF regardless of its 
end-use application--subject to the exceptions already noted in the 
definition. Consequently, DOE is also clarifying in this rulemaking 
that WICF panels, doors, and refrigeration systems used in process 
cooling applications are subject to the statutory design standards and 
these components must be certified as compliant with the applicable 
WICF component-based standard.
    Since DOE previously erred in indicating that WICFs used 
exclusively for process-cooling such as blast chilling and freezing are 
not subject to walk-in regulations, DOE recognizes that manufacturers 
may require time to comply with the statutorily prescribed walk-in 
requirements. Consequently, WICF components used in process-cooling 
WICFs and process-cooling WICFs manufactured prior to the final rule 
would not be held to the statutory standards. Further, DOE will 
exercise its enforcement discretion for 60 days after publication of 
the final rule, to allow manufacturers of WICF components that are used 
exclusively in process cooling applications to comply and to certify 
compliance with the applicable statutory standard. DOE believes that 
WICF panels and doors would already comply with the statutorily 
prescribed standards because there are no door or panel designs 
exclusively associated with process cooling equipment. Accordingly, 
none of these components would have been impacted by DOE's prior views 
regarding process cooling equipment. However, DOE understands that 
refrigeration systems used in process cooling equipment such as blast 
chilling and freezers have a specific set of operating requirements 
that could require some level of redesign to enable them to comply with 
the statutorily prescribed standards. DOE seeks comment on the 
enforcement discretion timeframe from manufacturers of WICF 
refrigeration systems used in process cooling applications including 
any associated rationale about the level of redesign needed to comply 
with the EPCA standards.
    In addition, DOE adopted a component-based regulatory approach for 
walk-ins when it evaluated amended energy conservation standards for 
WICFs in the July 2014 final rule. Rather than developing standards 
applicable to the entire walk-in cooler or freezer, DOE established 
performance-based standards for components, including panels, doors, 
and refrigeration systems. As part of this clarification, DOE 
considered whether these component-level standards apply to process 
cooling equipment.
    As noted in this preamble, DOE does not consider the panels and 
doors of process refrigeration walk-ins to be unique from those of 
other walk-ins. DOE is unaware of any differences between the doors and 
panels used with standard walk-ins and those walk-ins used with process 
cooling applications, and the analysis for these components supporting 
the June 2014 final rule standards included all such panels and doors 
without regard to the application in which they were installed. 
Furthermore, DOE has no information suggesting performance requirements 
for these groups of equipment differ from each other based on 
application. Specifically, the rapid temperature pull-down associated 
with process equipment does not impose performance requirements on the 
panels and doors that are any different than the requirements for 
panels and doors of other walk-ins. Consequently, DOE considers the 
efficiency performance standards for doors established in the 2014 
final rule to apply to WICFs used in process refrigeration 
applications.
    However, DOE recognizes that process cooling refrigeration systems 
can be distinct from the refrigeration systems of other walk-ins. 
Specifically, process cooling refrigeration systems must be able to 
rapidly cool down and/or freeze the contents of a process cooling walk-
in. In order to achieve rapid cooldown, process cooling WICF 
refrigeration systems have unique characteristics such as a higher 
refrigeration capacity on a per volume basis and unit cooler designs 
that extend nearly the full height of the WICF allowing the discharge 
air to directly impinge on the product being cooled to enhance heat 
transfer. The temperature change demanded of process cooling 
refrigeration systems must be accomplished within a certain amount of 
time that is governed by restraints such as health regulations that 
require rapid cool-down of cooked food. This rate of cool-down 
typically cannot be achieved by the types of walk-in refrigeration 
systems addressed by DOE's rulemakings to date. Consequently, DOE 
expects that at least some process cooling refrigeration systems would 
be unable to meet the walk-in standards, which are based on the 
performance of refrigeration systems designed for storage applications 
requiring that a specific temperature level be maintained. The 
characteristics of this process cooling equipment and the basis for the 
proposed ``process cooling'' definition is discussed in greater detail 
in the discussion that follows. DOE views equipment meeting this 
definition as exempt from the walk-in refrigeration system standards--
both those established in the June 2014 final rule and those that DOE 
is proposing as part of a separate rulemaking to address the vacated 
standards mentioned elsewhere in this document.
    Blast chillers and blast freezers are examples of process cooling 
WICFs. Although there are other types of refrigeration that could be 
considered process cooling--for example, spiral chillers and freezers 
(where food is moved on a conveyor belt in a spiral around a central 
multi-directional cooling unit)--these other types are unlikely to be 
mistaken for a refrigeration system that would be subject to the walk-
in standards because of clear and observable differences in physical 
configuration, for this example, the spiral conveyor for the food 
products of a spiral freezer resembles none of the subcomponents of 
other walk-ins. On the other hand, blast chillers and blast freezers 
superficially resemble other walk-ins in outside appearance and 
physical size--factors that make it plausible that these equipment 
might, without clarification from DOE, be considered as covered by the 
walk-in standards. Thus, DOE attempted to identify characteristics of 
blast chillers and blast freezers that would clearly distinguish them 
from other walk-ins that must meet the applicable refrigeration system 
standards.
    One clear distinguishing characteristic is that the refrigeration 
system capacity of a blast chiller or freezer is much higher relative 
to the internal volume of the enclosure as compared to other typical 
walk-ins. This is because the refrigeration load includes the large 
load associated with the required rapid cool-down of the product. In 
situations where the refrigeration system is distributed in commerce 
with the rest of the blast chiller or freezer components, it is easy to 
distinguish the refrigeration system from those of other typical walk-
ins on the basis of capacity versus cabinet size, because, for this 
situation, both the capacity and the cabinet size would be known. 
Therefore, DOE's proposed definition for process cooling includes a 
minimum ratio of capacity versus cabinet size in cases where the

[[Page 54936]]

refrigeration system is distributed in commerce with the cabinet.
    However, in cases where the refrigeration system is distributed 
separately and, consequently, the cabinet size may not be known, this 
definition would be insufficient. Hence, the ideal definition would 
also include a way to determine whether the process cooling 
refrigeration system on its own is distinct from those of other typical 
walk-ins that are shipped without their associated enclosures. DOE 
researched blast chiller and freezer data and found that when evaluated 
independently of the cabinet size, refrigeration capacities for certain 
blast chillers and freezers fall within the range of capacities of 
other walk-in refrigeration systems. Thus, it does not appear that 
process cooling refrigeration systems can be distinguished based on 
refrigeration capacity alone in cases where the refrigeration system is 
distributed separately from the enclosure.
    For this reason, DOE also identified physical characteristics of 
blast chiller and blast freezer refrigeration systems that would 
distinguish them from other refrigeration systems. First, some blast 
chiller and freezer refrigeration systems consist of separate coil and 
fan assemblies, with the coil and the fan placed during installation on 
opposite sides of the enclosure to more evenly distribute the airflow. 
These types of systems would be excluded from the standards because the 
equipment would not meet the proposed definition of a unit cooler--that 
is, a single assembly that includes the fan(s) and coil(s). See section 
III.A.1.e regarding DOE's proposed ``unit cooler'' definition. Second, 
for those blast chiller and freezer refrigeration systems for which a 
single factory-assembled unit houses the fans and evaporator coil, 
these systems are also distinct from unit coolers subject to the walk-
in standards in that they have a height that nearly fills the vertical 
dimension of the insulated enclosure and have fans that are stacked on 
top of each other to blow air directly onto the items being chilled or 
frozen. In comparison, unit coolers used in other walk-ins have a 
limited vertical dimension and have fans oriented side-by-side in the 
direction of the unit's width (or have only one fan). These unit 
coolers are also generally installed so that they blow air over the top 
of the stored items--the height of this space in a walk-in may not be 
very high (in order to maximize use of the available space)--hence, the 
unit coolers and their fans are oriented horizontally instead of 
vertically. Consistent with these findings, the proposed process 
cooling refrigeration definition incorporates a qualifier on the 
physical dimensions of the unit cooler.\4\
---------------------------------------------------------------------------

    \4\ DOE is not proposing to distinguish process cooling 
refrigeration systems on the basis of evaporator fan power, 
evaporator air velocity, or evaporator air flow, which are generally 
higher for these systems as compared with unit coolers used 
predominately in other walk-ins. Evaporator fan power, velocity, or 
air flow of a unit cooler could be atypically high for a number of 
reasons, including the use of inefficient fans or motors, long air 
``throw'' distance, and other factors. Consequently, an approach 
based on the evaporator's fan power, air velocity, or air flow alone 
would be inadequate to consistently distinguish process cooling from 
other refrigeration systems.
---------------------------------------------------------------------------

    DOE notes that the physical distinctions it found apply only to the 
unit cooler and not to the condensing unit. DOE has found no evidence 
that condensing units used with blast chillers and freezers are 
materially different from those used with other refrigerated enclosures 
or that these condensing units have features that would make them 
unable to meet a walk-in standard for dedicated condensers.
    For the reasons outlined in this preamble, DOE proposes to define 
``walk-in process cooling refrigeration system'' as ``a refrigeration 
system that is used exclusively for cooling food or other substances 
from one temperature to another. A process cooling refrigeration system 
must either (1) be distributed in commerce with an enclosure consisting 
of panels and door(s) such that the assembled product has a 
refrigerating capacity of at least 100 Btu/h per cubic foot of enclosed 
internal volume, or (2) be a unit cooler having an evaporator coil that 
is at least four-and-one-half (4.5) feet in height and whose height is 
at least one-and-one-half (1.5) times the width.'' This proposed 
definition would cover both process cooling systems that are 
distributed in commerce as part of a complete assembly, process cooling 
unit coolers that are distributed separately from the enclosure, and 
refrigeration systems including unit coolers meeting the process 
cooling definition.
    These exclusions would apply to (a) refrigeration systems sold as 
part of a complete package, including the insulated enclosure, and the 
refrigeration system for which the capacity per volume meets the 
proposed process cooling definition, (b) dedicated condensing systems 
sold as a matched pair in which the unit cooler meets the requirements 
of the proposed process cooling definition, and (c) unit coolers that 
meet the requirements of the proposed definition. DOE intends to 
propose specific regulatory language expressing these exclusions as 
part of its concurrent energy conservation standards rulemaking. 
However, because having a clear way to differentiate process cooling 
equipment from other walk-ins is essential to ensure clarity for 
manufacturers with regard to whether the equipment it manufactures 
would need to satisfy an applicable energy conservation standard, DOE 
seeks comment on the proposed definition and any additional information 
that would help to delineate this equipment more clearly.
    DOE does not intend for the proposed process cooling definition to 
have the effect of excluding process cooling refrigeration from the 
definition of a walk-in cooler or freezer. Process cooling 
refrigeration systems would remain subject to other walk-in-related 
regulations, such as the labeling requirements discussed in section 
III.B.5 that DOE is considering, along with the prescriptive 
requirements for walk-ins already prescribed by Congress in EPCA. See 
42 U.S.C. 6313(f). A complete process cooler would also need to be 
assembled using panels and doors that comply with the applicable 
requirements. See 42 U.S.C. 6313(f) and 10 CFR 431.306. DOE may also 
examine the possibility of regulating the energy efficiency of process 
cooling refrigeration systems at a later date, but consideration of 
such regulation would also include consideration of alternative test 
procedures and/or equipment classes to address the different operating 
and energy use characteristics of this equipment.
    DOE requests comment on the definition for process cooling 
refrigeration system. DOE also requests data or information on any 
other qualities, characteristics, or features specific to the 
refrigeration system itself (either mentioned in this section or not) 
that would clearly distinguish process refrigeration from other 
refrigeration systems or would cause a certain process refrigeration 
system to be unable to meet a walk-in refrigeration system standard. 
DOE particularly requests data for condensing units distributed 
individually; in the absence of any evidence that individual condensing 
units designed for process refrigeration are fundamentally different 
from other individual condensing units, DOE will have no basis for 
excluding such condensing units from the scope of the standards. 
Further, DOE requests comment on the proposal to allow 60 days after 
publication of the final rule for manufacturers of process cooling 
refrigeration systems to attain compliance with the applicable 
regulations.

[[Page 54937]]

Preparation Room Refrigeration
    During the public meeting that DOE held in October 2014 to clarify 
aspects of the test procedure, Heatcraft, a refrigeration system 
manufacturer, asked whether preparation rooms are also excluded from 
the definition of walk-ins. DOE could not at the time determine whether 
refrigeration systems designed for this application should be 
categorically excluded. (Docket No. EERE-2011-BT-TP-0024, Heatcraft, 
Public Meeting Transcript (October 22, 2014), No. 0117 at pp. 61-63)
    DOE further investigated this refrigeration application as part of 
its effort to define ``preparation room refrigeration'' in accordance 
with the Term Sheet. Commercial and industrial food sales and food 
service establishments often prepare food (primarily meat) in spaces 
that are refrigerated and can be walked into, making the distinction 
between these spaces and walk-ins unclear. Similar to the process 
refrigeration definition discussed earlier, DOE sought to identify 
characteristics of preparation room refrigeration equipment that would 
distinguish it from walk-in refrigeration equipment. An engineering 
manual published by Heatcraft notes that preparation room refrigeration 
loads are sized to account for personnel and processing equipment; the 
evaporator ``should be [a] low outlet velocity type to avoid drafts and 
should be selected for continuous operation and not less than 
30[emsp14][deg]F evaporator temperature.'' (Docket No. EERE-2016-BT-TP-
0030, No. 0001 at p. 19) A manufacturer had also commented during the 
previous rulemaking (ending in the June 2014 final rule) that meat 
processing rooms in particular have electric or hot gas defrost even 
when they are designed for room temperatures above 32 degrees 
Fahrenheit. (Docket No. EERE-2008-BT-STD-0015, Hussmann, No. 0093 at p. 
9)
    Based on these characteristics, DOE is proposing to define 
``preparation room refrigeration'' as referring to ``a unit cooler that 
is designed for use in a room occupied by personnel who are preparing 
food and that is characterized by low outlet air velocity, evaporator 
temperature between 30 and 55 degrees Fahrenheit, and electric or hot 
gas defrost.''
    While DOE is proposing to define this type of refrigeration system, 
this equipment would not be exempt from the applicable standards under 
this proposal. Some of the system's characteristics, such as low air 
velocity and a relatively high evaporating temperature, do not clearly 
distinguish this type of refrigeration from other types used in walk-
ins subject to standards. Furthermore, DOE has not found evidence that 
this refrigeration system would have undue difficulty meeting a 
standard when rated using the DOE test procedure. Although these units 
may have electric or gas defrost, their operating temperature would 
place them in the medium-temperature class, and the test procedure 
(both the current test procedure and the test procedure as proposed in 
this notice) adds no energy use associated with defrost for medium-
temperature systems. Thus, the defrost energy would not be measured 
under the test procedure and not be factored into the unit's rating.
    DOE requests comment on the proposed definition for preparation 
room refrigeration. DOE requests comment on any other characteristics 
of preparation room refrigeration that (1) clearly distinguishes it 
from walk-in refrigeration systems and (2) would cause this equipment 
to be unable to meet a walk-in refrigeration standard.
Storage Space
    Finally, consistent with the Term Sheet, DOE is proposing to define 
``refrigerated storage space'' in the context of the current definition 
for a walk-in as follows: The term ``refrigerated storage space'' would 
be defined to mean ``a space held at refrigerated (as defined in 10 CFR 
431.302) temperatures.'' DOE is aware that this definition does not 
delineate a difference between equipment that is subject to standards 
and equipment that is not subject to standards, but believes that the 
previous discussions on process refrigeration and preparation room 
refrigeration sufficiently indicate what types of equipment are or are 
not subject to standards.
    DOE requests comment on the proposed definition for ``refrigerated 
storage space.'' DOE requests comment on whether any further 
clarification is needed to clearly distinguish equipment that is 
subject to the standard from equipment that is not.
2. Refrigeration System Test Procedure Modifications
a. Hot Gas Defrost
    DOE proposes to amend the current test procedure by removing the 
method for calculating the defrost energy and heat load of a system 
with hot gas defrost. The May 2014 test procedure rule established a 
calculation to represent the efficiency improvement of hot gas defrost 
as a credit applied to any low-temperature refrigeration system that 
has the feature. The amended test procedure did not include a test 
method for validating the performance of this feature. Instead, the 
method applied standardized values for the energy use and heat load 
associated with hot gas defrost in the calculations to determine AWEF. 
See 79 FR at 27400 (May 13, 2014). During the first Working Group 
meeting, Lennox (representing a caucus of manufacturers) requested that 
DOE remove hot gas defrost as a design option in the energy 
conservation standard analysis for a number of reasons, including (a) 
the lack of any method for measuring the true energy benefit of this 
feature, (b) the lack of test data and research supporting the energy 
credit in the DOE test procedure, (c) installation and serviceability 
issues such as an increase in refrigerant leaks, and (d) energy 
penalties for hot gas defrost in installed systems that would not be 
captured in the test procedure credit. (Docket No. EERE-2015-BT-STD-
0016, Lennox, Public Meeting Transcript (August 27, 2015), No. 0015 at 
pp. 94-95; see also manufacturer-submitted material at Docket No. EERE-
2015-BT-STD-0016, Working Group Meeting Materials, No. 0006 at p. 1) In 
a subsequent meeting, other members of the Working Group again noted 
that there was a lack of data to support the credit. (Docket No. EERE-
2015-BT-STD-0016, Rheem, Public Meeting Transcript (September 11, 
2015), No. 0061 at p. 40-41 and Lennox, id. at pp. 44-46) Hussmann also 
claimed that DOE's assigned value of zero energy use for hot gas 
defrost in multiplex condensing systems was not correct because hot gas 
defrost would affect the system's energy efficiency ratio (``EER''). 
Hussmann noted that the EER in the test procedure is based on a system 
with electric defrost, but systems with hot gas defrost may experience 
a reduction in the overall system efficiency.\5\ (Docket No. EERE-2015-
BT-STD-0016, Hussmann, Public Meeting Transcript (September 11, 2015), 
No. 0061 at p. 42) (See also manufacturer-submitted comments (Docket 
No. EERE-2015-BT-STD-0016, No. 0008 at pp. 15-17))
---------------------------------------------------------------------------

    \5\ Depending on how hot gas defrost is implemented in a 
multiplex system, there are a number of factors which could cause 
additional energy use in the system and/or increase head pressure, 
which would reduce the EER of the system and therefore indirectly 
increase the overall system energy use.
---------------------------------------------------------------------------

    At the September 30, 2015 Working Group meeting, DOE presented test 
data and additional analysis in response to Working Group member 
concerns. The data and analysis showed that the credit for hot gas 
defrost in the test procedure is consistent with the measured benefit 
for a condensing unit operating in an

[[Page 54938]]

ambient air temperature of 90[emsp14][deg]F. (Docket No. EERE-2015-BT-
STD-0016, Public Meeting Presentation (September 30, 2015), No. 0007 at 
pp. 10-17) However, Rheem observed that this credit-based approach may 
not reflect annual average impact, because hot gas defrost performance 
is affected by outdoor temperature. (Docket No. EERE-2015-BT-STD-0016, 
Rheem, Public Meeting Transcript (September 30, 2015), No. 0067 at pp. 
76 and 81) Hussmann added that many hot gas defrost systems 
incorporated in single-compressor dedicated condensing refrigeration 
systems do not work properly at ambient temperatures below 
40[emsp14][deg]F. (Docket No. EERE-2015-BT-STD-0016, Hussmann, Public 
Meeting Transcript (September 30, 2015), No. 0067 at p. 83) Rheem also 
pointed out that some unit coolers use both hot gas and electric 
defrost and that the test procedure's credit does not distinguish 
between hot gas defrost systems that provide pan heating using electric 
heaters from those systems that provide hot gas pan heating. The credit 
as applied assumes that there is no electric heating, but Rheem noted 
that in many applications the drain pan has electric defrost even if 
the rest of the system uses hot gas defrost. (Docket No. EERE-2015-BT-
STD-0016, Rheem, Public Meeting Transcript (September 30, 2015), No. 
0067 at pp. 90-91) DOE notes that the amended test procedure from the 
May 2014 test procedure rule did not define hot gas defrost or provide 
an indication of what percentage of defrost heat must be provided by 
hot gas defrost for a system to be eligible for the credit. See 79 FR 
27388. Lennox further recommended that DOE's engineering analysis 
should account for a 2-psi suction line pressure drop to account for 
the presence of the reversing valve that is used in many hot gas 
defrost systems to enable use of the feature. (Docket No. EERE-2015-BT-
STD-0016, Lennox, Public Meeting Transcript (September 30, 2015), No. 
0067 at p. 90)
    DOE revised its analysis to address these Working Group comments. 
Specifically, DOE implemented changes to the engineering analysis, 
including accounting for the reversing valve pressure drop, effects on 
the EER of a multiplex condensing system associated with an increase in 
head pressure, and an adjustment of cost assumptions. DOE presented 
these analysis updates in the following public meeting. (Docket No. 
EERE-2015-BT-STD-0016, DOE, Public Meeting Presentation (October 15, 
2015), No. 0026 at pp. 31-39; see also Docket No. EERE-2015-BT-STD-
0016, various parties, Public Meeting Transcript (October 15, 2015), 
No. 0062 at pp. 215-226)
    As part of the negotiated terms, DOE agreed to remove the 
calculation method for determining the benefit of hot gas defrost from 
the test procedure. See Term Sheet at EERE-2015-BT-STD-0016, No. 56, 
recommendation #3. The regulatory text in this proposed rule reflects 
this change. With this change, manufacturers of refrigeration systems 
with hot gas defrost will be unable to test or rate the performance of 
the feature with the DOE test procedure. Therefore, in a separate 
rulemaking in which DOE is proposing standard levels for walk-in 
refrigeration systems, DOE is not evaluating hot gas defrost as an 
option for manufacturers to meet the proposed standards. Nevertheless, 
DOE continues to believe that hot gas defrost systems can reduce energy 
use and that their inclusion as part of an accepted test method to 
report their energy efficiency impact would benefit the public by 
illustrating these systems' energy savings potential. DOE encourages 
interested parties to consider development of such test methods for 
potential future inclusion into DOE's test procedures.
    DOE requests comments on its proposal to remove from the test 
procedure the credit-based method for calculating the efficiency 
benefit of hot gas defrost.
b. Adaptive Defrost
    Consistent with the recommendations made during the Working Group 
negotiations, DOE is proposing to amend the test procedure so that the 
provisions for assigning a benefit to adaptive defrost cannot be used 
to certify compliance with the energy conservation standard. AHRI 1250-
2009, the test procedure incorporated by reference, includes an 
optional test for a system with adaptive or demand defrost. That test 
specifies that the system shall be operated at dry coil conditions to 
establish the maximum time interval allowed between dry coil defrosts. 
The measured time between dry coil defrosts is averaged with the time 
between defrosts under the frosted coil conditions, and this average is 
used as the number of defrosts per day in subsequent energy 
calculations. (See appendix C, section C11.2 of AHRI 1250-2009.) DOE's 
May 2014 test procedure final rule further allowed that in lieu of 
conducting the optional test, the number of defrosts per day is set to 
the average of 1 and the number of defrosts per day is calculated under 
the frost load conditions. (10 CFR 431.304(c)(10)(x)) The May 2014 test 
procedure rule also specified that if defrost testing at frost load 
conditions is not conducted, the energy use of defrost under frost load 
conditions shall be set to a percentage of the energy use of defrost 
under dry coil conditions, and the number of defrosts per day under the 
frost load conditions shall be set to 4. (10 CFR 431.304(c)(10)(ix)) 
Thus, if a manufacturer were to use the default values in the test 
procedure in lieu of testing a system with adaptive defrost, the total 
number of defrosts per day would be 2.5--the average of 1 and 4. 
Similar to hot gas defrost, the current test procedure does not require 
performance verification of adaptive defrost to obtain the credit.
    Given the number of possible ways manufacturers could implement 
adaptive defrost, Working Group meeting participants suggested that DOE 
clearly define this term to specify which types of systems would be 
allowed to obtain the credit in the test procedure, and to avoid 
loopholes in which a manufacturer might claim the benefit for a given 
system with minimal cost impact but that would not have the associated 
savings realized in the field. As discussed in section III.A.1.g, 
several Working Group members and other attendees--AHRI, Emerson, 
Lennox, Hussmann, McHugh Energy, HTPG, and ASAP--provided input on a 
possible definition, but remained concerned that the definition would 
still not adequately define this feature in a way to ensure that all 
systems meeting the definition would produce an efficiency improvement 
consistent with the test procedure credit. (Docket No. EERE-2015-BT-
STD-0016, various parties, Public Meeting Transcript for December 3, 
2015 Meeting, No. 0057 at pp. 130-153) Ultimately, DOE suggested that 
certified ratings and standards should be based on equipment not having 
the feature, although the test procedure could still include a rating 
method to allow manufacturers to make representations regarding 
improved performance for equipment having the feature. (Id.) The Term 
Sheet included a definition for adaptive defrost (see supra, section 
III.A.1.g), but also specified that manufacturers should be required to 
certify compliance to DOE for walk-in refrigeration basic models 
without adaptive defrost, and that compliance with the applicable walk-
in refrigeration system standard should be assessed based on systems 
without adaptive defrost. The Term Sheet also recommended that 
manufacturers be permitted to make representations of the energy 
efficiency or consumption for a basic model using adaptive defrost, 
provided that the improved efficiency

[[Page 54939]]

for this basic model is also certified to DOE. See Term Sheet at EERE-
2015-BT-STD-0016, No. 0056, Recommendations #2 and #4.
c. On-Cycle Variable-Speed Evaporator Fan Control
    As noted in section III.A.1.e, the majority of unit coolers that 
would be rated individually (i.e., as though they were paired with 
multiplex condensing systems) are, in fact, installed in dedicated 
condensing applications, and most dedicated condensing applications are 
single-capacity systems. On-cycle variable-speed evaporator fans as a 
design option would save energy only when they are part of a multi- or 
variable-capacity system. This option would improve the measured 
efficiency of a stand-alone unit cooler using the current test 
procedure, which is conducted for stand-alone unit coolers as if they 
were used in multiplex applications. However, the savings predicted for 
this design option by the test procedure would not be achieved in the 
majority of field installations, which use single-stage dedicated 
condensing units. Accordingly, manufacturers in the Working Group 
objected to including in the analysis design options that would not be 
useful to the majority of end-users. (Docket No. EERE-2015-BT-STD-0016, 
No. 0006 at p. 1 and Docket No. EERE-2015-BT-STD-0016, various parties, 
Public Meeting Transcript for September 11, 2015 Meeting, No. 0061 at 
pp. 56-72)
    The Working Group ultimately recommended that manufacturers be 
required to make representations, including certifications of 
compliance to DOE, of the energy efficiency or energy consumption of 
walk-in refrigeration systems without the inclusion of on-cycle 
variable-speed fans. See Term Sheet at EERE-2015-BT-STD-0016, No. 0056, 
Recommendation #4. Likewise, they recommended that compliance with the 
applicable walk-in refrigeration system standard should be assessed 
without using this feature. As part of this approach, manufacturers 
would be permitted to make representations of the energy efficiency or 
consumption for a unit cooler basic model using on-cycle variable-speed 
fans as measured in accordance with the DOE test procedure, provided 
that the additional represented value has been certified to DOE per 10 
CFR 429.12. Id. However, the benefit from using these technologies 
would not be factored when determining compliance with the proposed 
standard. Id. DOE is proposing to adopt these changes to the test 
procedure.\6\
---------------------------------------------------------------------------

    \6\ DOE notes that it did not consider these technologies in its 
supporting analysis regarding the dedicated condensing (low-
temperature) and multiplex condensing refrigeration system standards 
that it is planning to propose separately.
---------------------------------------------------------------------------

B. Actions To Facilitate Implementation of Energy Conservation 
Standards

1. Re-organization and Clarification of the Test Procedure for Walk-In 
Refrigeration Systems, Doors, and Panels
    Other than the test procedure changes proposed in section III.A.2, 
DOE is also proposing to amend the regulatory text to clarify the test 
procedure for refrigeration systems, doors, and panels. The proposed 
changes focus on re-organizing the test procedure into three separate 
appendices, one for each of the metrics used to establish energy 
conservation standards for walk-in components. In addition, DOE 
proposes to clarify some of the definitions and terminology used in the 
test procedure.
    Currently, Appendix A to Subpart R of Part 431 contains the 
procedure for measuring energy consumption (in kWh/day) for display and 
non-display doors. DOE proposes to revise Appendix A to remove 
definitions and references related to walk-in panels, as these are not 
relevant to this procedure. Specifically, DOE proposes to remove (1) 
the definitions of ``core region'' and ``edge region'' and (2) the 
subfloor temperature listed in Table A.1 of Appendix A. DOE proposes to 
amend the definition of ``surface area'' to remove the example 
referencing walk-in panels and amend the definition of ``rating 
condition'' to remove the discussion of internal walk-in components. 
These amendments are intended to clarify Appendix A and do not 
substantively change the DOE test procedure for measuring energy 
consumption of walk-in doors.
    To address questions from the Working Group regarding how to 
calculate door power usage, DOE proposes to define ``rated power,'' a 
term used in section 4.4.2(b) and 4.5.2(b) of Appendix A to Subpart R 
to Part 431. In the January 4, 2010 test procedure NOPR for walk-ins, 
DOE explained that the term ``rated power'' must be read from each 
electricity consuming device's product data sheet or nameplate. 75 FR 
186, 199. Consistent with this prior explanation, and to address 
scenarios where nameplate information is unavailable, DOE is proposing 
to define this term as referring to ``the electricity consuming 
device's power as specified on the device's nameplate. If the device 
does not have a nameplate or such nameplate does not list the device's 
power, then the rated power must be read from the device's product data 
sheet.''
    For each basic model of walk-in door that has an electricity 
consuming device(s) for which rated power is taken from a product data 
sheet, the walk-in door manufacturer must retain the product data sheet 
as part of the test data underlying the walk-in door's certification 
report.
    To further clarify the walk-in test procedure, DOE proposes to add 
a new Appendix B to Subpart R of Part 431. This appendix would include 
the currently prescribed method of measuring the R-value found in 10 
CFR 431.304. Specifically, DOE proposes to move the provisions found at 
10 CFR 431.304(b) and (c) into Appendix B. DOE also proposes to add the 
definition of ``edge region'' that was previously located in Appendix A 
to Subpart R of Part 431 to Appendix B, as this definition is relevant 
to the R-value test method.
    Finally, DOE proposes to add a new Appendix C to Subpart R of Part 
431 and include in this appendix the test method for refrigeration 
systems. Within Appendix C, DOE further organizes its discussion of 
test procedures in terms of the three refrigeration system 
configuration types that it addresses: Refrigeration systems 
distributed in commerce as matched pairs (including packaged dedicated 
systems); unit coolers distributed in commerce individually; and 
condensing units distributed in commerce individually. Within Appendix 
C, DOE is specifying that walk-in refrigeration systems be tested using 
AHRI 1250-2009, the test procedure incorporated by reference in 10 CFR 
431.303, and adding modifications to the rule. One subsection contains 
the general modifications to the test conditions and tolerances within 
the industry test procedure that were promulgated in the May 2014 test 
procedure rule, a second contains general modifications to the method 
of test, while the remaining subsections address modifications that are 
specific to the system configuration types.
    DOE is also proposing to correct a small number of typographical 
errors in the regulatory text. A table currently in 10 CFR 
431.304(c)(10)(xv), replacing Table 16 in AHRI 1250-2009, has incorrect 
values for saturated suction temperature. The suction A and suction B 
temperatures should be -20 [deg]F and -26 [deg]F, respectively. Also, 
an equation currently in 10 CFR 431.304(c)(12)(ii) for defrost heat 
load contribution

[[Page 54940]]

divides by 3.412 Btu/W-h, but should multiply by 3.412 Btu/W-h.
2. Representation Requirements
    DOE is proposing to amend the representation requirements for 
refrigeration systems to clarify how to apply the test procedure to the 
range of possible kinds of refrigeration systems. Specifically, DOE is 
proposing to direct manufacturers of unit coolers, dedicated condensing 
units, package dedicated systems, and matched refrigeration systems to 
the appropriate subsections of Appendix C to Subpart R of Part 431--the 
DOE test procedure for refrigeration systems. DOE is also proposing to 
specify that it is not necessary to rate a matched refrigeration system 
if the constituent unit cooler(s) and dedicated condensing unit have 
been tested and rated separately. However, if a manufacturer wishes to 
represent the efficiency of the matched refrigeration system as 
distinct from the efficiency of either constituent component, or if the 
manufacturer cannot rate one or both of the constituent components 
using the specified method (e.g., if the system has a variable-capacity 
condensing unit, thereby preventing the manufacturer from being able to 
test the condensing unit individually), the manufacturer must test, 
represent, and certify the matched refrigeration system as specified in 
this section. A component that is part of a certified matched pair and 
that has not been rated individually cannot be sold individually, nor 
can it be sold as part of a different matched pair (that is, with a 
different component matched to it) unless that new matched pair has 
also been tested and certified.
    DOE requests comment on the revised representation requirements.
    See section V.E for a list of issues on which DOE seeks comment.
3. Certification and Compliance Requirements
    A manufacturer of a walk-in cooler or walk-in freezer is any person 
who: (1) Manufactures a component of a walk-in cooler or walk-in 
freezer that affects energy consumption, including, but not limited to, 
refrigeration, doors, lights, windows, or walls; or (2) manufactures or 
assembles the complete walk-in cooler or walk-in freezer. 10 CFR 
431.302.
    Several of the statutory standards, as well as DOE's 2014 standards 
and any energy conservation standards that DOE may adopt in its 
separate ongoing rulemaking (see Docket No. EERE-2015-BT-STD-0016) 
apply to specific components of a walk-in. A manufacturer of a walk-in 
component (i.e., part 1 of the definition of a manufacturer of a walk-
in cooler or walk-in freezer) is the entity that manufactures, 
produces, assembles or imports a walk-in panel, door or refrigeration 
system. A manufacturer of a walk-in component is responsible for 
ensuring the compliance of the component(s) it manufactures. DOE 
requires a manufacturer of a walk-in component to certify the 
compliance of the components it manufactures.
    A manufacturer of a complete walk-in (i.e., part 2 of the 
definition of a manufacturer of a walk-in cooler or walk-in freezer) is 
the entity that manufactures, produces, assembles or imports a walk-in 
cooler or freezer (i.e., an enclosed storage space meeting the 
definition of a walk-in cooler or freezer). In some cases, this may be 
an ``installer.'' Although DOE does not require a manufacturer of a 
complete walk-in to certify the compliance of the ``box'' as a whole, a 
manufacturer of a complete walk-in must ensure that the walk-in meets 
applicable statutory and/or regulatory standards. If a manufacturer of 
a complete walk-in also meets part 1 of the definition (i.e., also 
manufactures individual components), then it must certify the 
compliance of the components it manufactures. Compliance 
responsibilities for manufacturers of complete walk-ins are discussed 
in more detail later in this section.
a. Manufacturers of Walk-in Components
    A manufacturers of a walk-in component must ensure that the 
component(s) meet applicable standard(s). DOE is proposing to maintain 
its current component-based approach for compliance certification. 
Manufacturers of walk-in components must currently submit a 
certification report to the Department as described in 10 CFR 429.12 
and 10 CFR 429.53(b) to certify compliance with the standards for which 
compliance is currently required. Namely:

--Manufacturers of doors for walk-in coolers or walk-in freezers must 
report the door type, R-value of the door insulation, and a declaration 
that the manufacturer has incorporated the applicable design 
requirements. In addition, manufacturers of transparent reach-in doors 
and windows for walk-ins must report the glass type of the doors and 
windows (such as double-pane with heat reflective treatment or triple-
pane glass with gas fill), as well as the power draw of the antisweat 
heater in watts per square foot of door opening.
--Manufacturers of walk-in cooler or walk-in freezer panels must report 
the R-value of the insulation.
--Manufacturers of refrigeration systems for walk-ins must report each 
motor's purpose (that is, whether the motor is an evaporator fan motor 
or a condenser fan motor), the motor's horsepower, and a declaration 
that the manufacturer has incorporated the applicable design 
requirements.

    DOE generally plans to retain these existing requirements. However, 
DOE proposes to amend the provisions at 10 CFR 429.12(b)(6) that 
require walk-in manufacturers to submit the basic model number for each 
walk-in brand. Instead, DOE proposes that for each brand, a walk-in 
manufacturer must submit both the basic model number and the 
manufacturer's individual model number(s). DOE elected to limit walk-in 
manufacturer's reporting requirements in a March 2011 rulemaking 
revising DOE's certification, compliance, and enforcement regulations 
for certain consumer products and commercial and industrial equipment 
including walk-ins. At the time, DOE stated it did not have sufficient 
information to determine whether reporting of individual model numbers 
for walk-in components was feasible, but that it would revisit this 
issue in a future rulemaking. 76 FR 12422, 12446 (March 7, 2011). Since 
the March 2011 rulemaking, manufacturers have routinely submitted both 
basic model numbers and individual model numbers for walk-in 
refrigeration systems, panels, and doors. The collected information 
suggests that it is feasible for manufacturers to certify both basic 
model numbers and individual model numbers for each brand.\7\ 
Accordingly, this proposal would require that a walk-in manufacturer 
provide individual model number(s) as part of its reporting submission.
---------------------------------------------------------------------------

    \7\ Public certification information for walk-in refrigeration 
systems, panels, and doors can be found at https://www.regulations.doe.gov/certification-data/.
---------------------------------------------------------------------------

    In this NOPR, DOE also proposes to add reporting requirements for 
both the standards promulgated in the June 2014 final rule (with a June 
2017 compliance date) and for the forthcoming proposed standards for 
certain equipment classes of walk-in refrigeration systems that will be 
defined in a separate energy conservation standards rulemaking (see 
Docket No. EERE-2015-BT-STD-0016).
    In addition to the reporting requirements defined in 10 CFR 
429.53(b), DOE proposes to require certification reports to include the 
following public product-specific

[[Page 54941]]

information to show compliance with the amended energy conservation 
standards:

--Doors: Rated energy consumption, and rated surface area in square 
feet.
--Refrigeration systems: Rated annual walk-in energy factor (AWEF), 
rated net capacity, and the configuration tested for certification 
(e.g., condensing unit only, unit cooler only, or matched pair).

    To enable DOE to verify a door's represented energy consumption, 
DOE proposes to require door manufacturers to certify additional 
product specific information that would not be published on the DOE Web 
site. Specifically, DOE proposes to require door manufacturers to 
certify the rated power of each light, heater wire, and other 
electricity consuming device associated with each model of display and 
non-display door and whether the device(s) has a timer, control system, 
or other demand-based control reducing the device's power consumption.
    If adopted, these reporting requirements would need to be used by 
walk-in component manufacturers when certifying compliance with the 
amended energy conservation standards for doors refrigeration systems.
b. Manufacturers of Complete Walk-Ins
    Although DOE does not require manufacturers of complete walk-ins to 
submit certification reports, a manufacturer of a complete walk-in must 
ensure that each walk-in it manufactures meets the various statutory 
and regulatory standards. That is, a manufacturer of a complete walk-in 
is required to use components that comply with the applicable standards 
and to ensure the final product fulfills the statutory design 
requirements.
    For example, consider an installer deciding which panels to use. 
The installer could assemble a compliant walk-in in several ways. The 
installer could build a panel, test it, and certify it as the component 
manufacturer. The installer could use an uncertified panel with a 
claimed compliant R-value and accept responsibility for its compliance. 
The installer could use a certified panel with a label and bear no 
responsibility for the compliance of the panel. In any of these 
situations, the installer must use compliant panels. The only 
difference between the 3 scenarios is that in the third scenario the 
installer is permitted to rely upon the representations of the 
manufacturer of a WICF component to ensure compliance; if those 
representations turn out to be false, the component manufacturer is 
responsible.
    As discussed in more detail in III.B.5, DOE is proposing several 
provisions to help manufacturers of complete walk-ins, who are not 
manufacturers of walk-in components, ensure compliance with the 
standards. In addition to the component requirements for which DOE 
requires certification (doors, panels, and refrigeration systems), 
walk-ins generally must: Have automatic door closers; have strip doors, 
spring hinged doors, or other method of minimizing infiltration when 
doors are open; and for all interior lights, use light sources with an 
efficacy of 40 lumens per watt or more. It is the responsibility of the 
manufacturer of the complete walk-in to ensure that the walk-in 
incorporates these design features.
    DOE seeks comment on the proposed additions to the reporting 
requirements. See section V.E for a list of issues on which DOE seeks 
comment.
4. Enforcement Provisions
a. Sampling Plan for Enforcement Testing of Covered Equipment and 
Certain Low-Volume Covered Products
    DOE is proposing to include walk-ins to the list of equipment 
subject to the enforcement testing sampling plan for covered equipment 
found in Appendix B of Subpart C of Part 429.
b. Equipment-Specific Enforcement Provisions
    DOE proposes to add specific enforcement provisions for walk-in 
refrigeration systems to 10 CFR 429.134. Specifically, DOE proposes to 
clarify which entity or entities are liable for the distribution of 
noncompliant units in commerce, as well as to explain how the 
Department verifies refrigeration capacity for walk-in refrigeration 
systems.
    If DOE determines that a basic model of a panel, door, or 
refrigeration system for walk-ins fails to meet an applicable energy 
conservation standard, then the manufacturer of that basic model is 
responsible for the consequences flowing from that noncompliance. If 
DOE determines that a complete walk-in cooler or walk-in freezer or any 
component thereof fails to meet an applicable energy conservation 
standard, then the manufacturer of that complete walk-in cooler or 
walk-in freezer is responsible for the noncompliance with the 
applicable standard. However, a manufacturer of a complete walk-in 
would not be held responsible for the use of components that were 
certified and labeled as compliant but later found to be noncompliant 
with the applicable standards.
    DOE also proposes to add an explanation of how the Department 
verifies refrigeration capacity for walk-in refrigeration systems to 10 
CFR 429.134. The refrigeration capacity of the basic model will be 
measured pursuant to the test requirements of 10 CFR part 431 for each 
unit tested. The results of the measurement(s) will be averaged and 
compared to the value of refrigeration capacity certified by the 
manufacturer. The certified refrigeration capacity will be considered 
valid only if the average measured refrigeration capacity is within 5 
percent of the certified refrigeration capacity. If the certified 
refrigeration capacity is found to be valid, that refrigeration 
capacity will be used as the basis for calculating annual energy 
consumption for the basic model. If the certified refrigeration 
capacity is found to be invalid, the average measured refrigeration 
capacity will serve as the basis for calculating annual energy 
consumption for the basic model.
    Further, DOE proposes to specify how DOE will verify the surface 
area for walk-in display doors and non-display doors in 10 CFR 429.134. 
The certified surface area will be considered valid only if the average 
measured surface area of the door is within 1 percent of the certified 
surface area. If the certified surface area is found to be valid, that 
surface area will be used as the basis for calculating maximum energy 
consumption for the basic model. If the certified surface area is found 
to be invalid, the average measured surface area will serve as the 
basis for calculating maximum energy consumption for the basic model.
    In addition, DOE proposes to specify in 10 CFR 429.134 how DOE will 
account for the rated power (as defined in this proposal) of each 
electricity consuming device(s) in calculating the walk-in door energy 
consumption. For each basic model of walk-in cooler and freezer door, 
DOE will calculate the door's energy consumption using the power listed 
on the nameplate of each electricity consuming device shipped with the 
door. If an electricity consuming device shipped with a walk-in door 
does not have a nameplate or such nameplate does not list the device's 
power, then DOE will use the device's ``rated power'' included in the 
door's certification report.
    DOE seeks comment on the proposed method for verifying the capacity 
of walk-in refrigeration systems and the surface area of walk-in doors.
    See section V.E for a list of issues on which DOE seeks comment.

[[Page 54942]]

5. Labeling Requirements
    If the Secretary has prescribed test procedures for any class of 
covered equipment, a labeling rule applicable to such class of covered 
equipment must be prescribed. See 42 U.S.C. 6315(a). EPCA, however, 
also sets out certain criteria that must be met prior to prescribing a 
given labeling rule. Specifically, to establish these requirements, DOE 
must determine that: (1) Labeling in accordance with Section 6315 is 
technologically and economically feasible with respect to any 
particular equipment class; (2) significant energy savings will likely 
result from such labeling; and (3) labeling in accordance with Section 
6315 is likely to assist consumers in making purchasing decisions. (42 
U.S.C. 6315(h))
    If these criteria are met, EPCA specifies certain aspects of 
equipment labeling that DOE must consider in any rulemaking 
establishing labeling requirements for covered equipment. At a minimum, 
such labels must include the energy efficiency of the affected 
equipment, as tested under the prescribed DOE test procedure. The 
labeling provisions may also consider the addition of other 
requirements, including: directions for the display of the label; a 
requirement to display on the label additional information related to 
energy efficiency or energy consumption, which may include instructions 
for maintenance and repair of the covered equipment, as necessary, to 
provide adequate information to purchasers; and requirements that 
printed matter displayed or distributed with the equipment at the point 
of sale also include the information required to be placed on the 
label. (42 U.S.C. 6315(b) and 42 U.S.C. 6315(c))
    DOE proposes to establish labeling requirements for walk-in cooler 
and freezers. Specifically, DOE proposes to require certain 
information, and the display of this required information, for door, 
panel, and refrigeration system nameplates. DOE also proposes to 
clarify requirements with respect to the disclosure of efficiency 
information in marketing materials and the labeling requirements for 
process cooling refrigeration systems.
    DOE proposes that the permanent nameplates of doors for walk-in 
coolers and walk-in freezers must be clearly marked with the rated 
energy consumption, the door brand, the door model number, the date of 
manufacture of the door, and the statement, ``This door is designed and 
certified for use in walk-in cooler and freezer applications.'' 
Specifically, the energy consumption must be identified in the form 
``EC__,'' and the model number must be displayed in one of the 
following forms: ``Model__'', ``Model number__'', or ``Model No.__''.
    DOE proposes that the permanent nameplates of panels for walk-in 
cooler and walk-in freezers must be clearly marked with the rated R-
value, the panel model number, the date of manufacture of the panel, 
and the statement, ``This panel is designed and certified for use in 
walk-in cooler and freezer applications.'' The R-value must be 
identified in the form ``R-value__,'' and the model number must be 
displayed in one of the following forms: ``Model__'', ``Model 
number__'', or ``Model No. __''.
    DOE proposes that the permanent nameplates of refrigeration systems 
for walk-in coolers and walk-in freezers (that are not manufactured 
solely for process cooling applications) must be clearly marked with 
the AWEF, refrigeration system brand, refrigeration system model 
number, the date of manufacture of the refrigeration system, and the 
statement, ``This refrigeration system is designed and certified for 
use in walk-in cooler and freezer applications.'' The AWEF must be 
identified in the form ``AWEF __'', and the model number must be 
displayed in one of the following forms: ``Model__'', ``Model 
number__'', or ``Model No. __''. In addition, DOE proposes that the 
permanent nameplate of a refrigeration system component that can only 
be used as part of a process cooling refrigeration system must be 
marked clearly with the refrigeration system brand, refrigeration 
system model number, the date of manufacture of the refrigeration 
system, and the statement, ``This refrigeration system is designed only 
for use in walk-in cooler and freezer process cooling refrigeration 
applications.'' The model number must be displayed in one of the 
following forms: ``Model __'', ``Model number__'', or ``Model No.__''. 
If a refrigeration system can be used for both process cooling 
refrigeration and other types of refrigeration for walk-in cooler and 
freezer applications, then it must be clearly marked with the AWEF, 
refrigeration system brand, refrigeration system model number, the date 
of manufacture of the refrigeration system, and the statement, ``This 
refrigeration system is designed and certified for use in walk-in 
cooler and freezer applications.''
    For walk-in panels, doors, and refrigeration systems, DOE proposes 
that all orientation, spacing, type sizes, typefaces, and line widths 
to display this required information must be the same as or similar to 
the display of the other performance data contained on the component's 
permanent nameplate. DOE is also considering a requirement specifying 
the location of the permanent nameplates on doors, panels, and 
refrigeration systems. Specifically, that the permanent nameplate must 
be visible at all times, including when the component is assembled into 
a complete walk-in.
    DOE proposes to clarify the requirements for the disclosure of 
efficiency information in marketing materials and to require that such 
marketing materials must prominently display the same information that 
must appear on a walk-in cooler or walk-in freezer component's 
permanent nameplate.
    DOE has reviewed the proposed labeling requirements with respect to 
the three requirements in EPCA restricting the Secretary's authority to 
promulgate labeling rules and has made the following findings. (42 
U.S.C. 6315(h))
    First, the proposed labeling recommendations are technologically 
and economically feasible with respect to each equipment class in this 
rulemaking. In general, DOE has found that walk-in refrigeration system 
manufacturers and display door manufacturers include nameplates on 
their equipment, and typically these nameplates include the equipment's 
model number. DOE believes it is technologically feasible for 
refrigeration system and display door manufacturers to include energy 
efficiency or energy consumption information on the label without 
increasing the size of the label. DOE expects that the cost to do so 
would be negligible. Accordingly, in DOE's view, requiring that labels 
provide this information would be economically feasible as well.
    DOE has found, however, that it is less common for non-display 
doors and panels for walk-ins to have nameplates. DOE understands that, 
while an entire assembled walk-in cooler or freezer may have a 
nameplate, each individual panel and non-display door making up a walk-
in cooler or freezer may not be labeled. Nonetheless, DOE expects that 
adding a permanent nameplate or permanent sticker to both walk-in non-
display doors and panels is technologically feasible, as both types of 
equipment have adequate useable surface to apply such labels. DOE 
estimated that the total cost of applying labels to non-display doors 
and panels would be negligible--less than a tenth of one percent of the 
average manufacturer's annual revenue--and the labeling requirements 
are thus economically feasible.

[[Page 54943]]

    DOE also considered the cost to manufacturers of updating their 
marketing materials to include efficiency information. Marketing 
materials include literature, data sheets, selection software, sales 
training, and compliance documentation. Based on marketing conversion 
costs for other commercial equipment, DOE estimates that manufacturers 
may incur costs of up to $10,000 per model to update marketing 
materials for walk-in components. Panel and door manufacturers 
typically only produce a few distinct models of their walk-in 
equipment, and DOE estimated that marketing-related conversion costs 
for these components would total less than one percent of industry 
annual revenue attributed to sales of walk-in equipment. Refrigeration 
manufacturers often produce a large number of distinct basic models--
several have certified up to 100 basic models of refrigeration systems 
on DOE's Compliance Certification Management System (``CCMS'') Web 
site. DOE estimates that marketing-related conversion costs for walk-in 
refrigeration systems could total approximately one percent of industry 
annual revenue attributed to sales of walk-in equipment. However, many 
companies that manufacture walk-in refrigeration systems also make 
several other types of products, with walk-in equipment comprising a 
small portion of their overall revenues. Given these estimates, DOE 
tentatively concludes that updating marketing materials is economically 
feasible for manufacturers of walk-in equipment.
    DOE also examined the impact of these new requirements on small 
manufacturers. For further discussion, see section IV.B.2.
    Second, DOE believes the proposed labeling requirements would 
likely result in significant energy savings. The related energy 
conservation standards are expected to save approximately 3 quadrillion 
British thermal units (quads). Requiring labels that include the rated 
value subject to the standards will increase consumer awareness of the 
standards. As a result, requiring the labels may increase consumer 
demand for more efficient walk-in components, thus leading to 
additional savings beyond that calculated for the standards. In 
addition, labeling requirements would help installers, assemblers, and 
contractors ensure that they are selecting equipment that the component 
manufacturer intended to be used as part of a completed walk-in, and 
would limit the potential compliance burden faced by these entities. 
For example, insulated metal panels may be used in other types of 
applications, such as communications equipment sheds. Labeling 
requirements differentiate walk-in cooler and freezer panels from other 
types of insulated metal panels that are not appropriate for use in 
walk-ins.
    Third, DOE finds that the proposed labeling requirements are likely 
to assist consumers in making purchasing decisions. By including the 
rated metric on the nameplate and marketing materials, manufacturers 
will be able to demonstrate to purchasers that the equipment they are 
purchasing meets the DOE standard and is acceptable for use in a walk-
in. Additionally, consumers will have the information needed to compare 
the energy efficiency performance between different component models, 
with the assurance that the ratings were calculated according to a DOE-
specified test procedure.
    DOE seeks comment on the proposed requirements for manufacturers to 
label their walk-in equipment and update their marketing materials for 
walk-in equipment to include efficiency information. DOE also seeks 
comment on whether it should add a requirement specifying that the 
permanent nameplates on doors, panels, and refrigeration systems be 
visible at all times, including when the component is assembled into a 
complete walk-in. Further, DOE asks whether these requirements are 
technologically and economically feasible. DOE particularly seeks data 
from manufacturers regarding the cost of labeling and updating 
marketing materials.
    See section V.E for a list of issues on which DOE seeks comment.

C. Compliance With Other EPCA Requirements

    In addition to the issues discussed in this preamble, DOE examined 
its other obligations under EPCA in developing the amendments in this 
proposal. These requirements are addressed in greater detail below.
1. Test Burden
    EPCA requires that the test procedures DOE prescribes or amends be 
reasonably designed to produce test results that measure the energy 
efficiency, energy use, or estimated annual operating cost of a covered 
product during a representative average use cycle or period of use. 
These procedures must also not be unduly burdensome to conduct. See 42 
U.S.C. 6293(b)(3) and 42 U.S.C. 6316(a). DOE has concluded that the 
proposed amendments satisfy this requirement. The proposed test 
procedure amendments represent minor changes to the test procedure that 
do not affect the equipment required for testing and either reduce or 
have no effect on the time required to conduct the testing. These 
amendments include the removal of the rating method for refrigeration 
systems with hot gas defrost, the requirement that certified ratings of 
refrigeration systems with adaptive defrost shall not include the 
benefit of the adaptive defrost feature, and the requirement that 
certified ratings of unit coolers with on-cycle variable-speed fan 
controls shall not include the benefit of this feature.
    Section III.A.2.a discusses the reasons for removing the method for 
measuring the benefit of hot gas defrost from the test procedure. 
Currently, the test procedure for this feature consists of a 
calculation to represent the efficiency improvement of hot gas defrost 
as a credit applied to any low-temperature refrigeration system that 
includes it. No testing is required to validate the performance of the 
feature and thus there is no test burden involved. Likewise, there is 
no change in test burden associated with removing this calculation 
method.
    Section III.A.2.b discusses DOE's revisions to the test procedure 
for refrigeration systems with adaptive defrost. Currently, 
manufacturers may certify the potential energy efficiency benefit of 
including adaptive defrost by either testing the feature or by using a 
calculation to represent the efficiency improvement of systems with 
this feature without testing. DOE is proposing to modify the test 
procedure to specify that certified ratings of systems with this 
feature shall exclude the benefit of the adaptive defrost feature. 
Because manufacturers currently have the option to use the calculation 
method to rate systems with this feature, there is no test burden 
involved because no validation testing is required; removing the 
ability to certify this feature would not have any effect on the 
associated test burden.
    Section III.A.2.c discusses DOE's revisions to the test procedure 
for unit coolers with on-cycle variable-speed fan control. DOE 
currently allows manufacturers to test the benefit of this feature 
using the DOE test procedure for unit coolers. DOE is proposing to 
modify the test procedure to specify that certified ratings of systems 
with this feature shall exclude the benefit. This approach lowers the 
testing burden for unit coolers with this feature, because 
manufacturers would no longer perform this test to obtain ratings for 
certification. (Manufacturers may still make representations of unit 
cooler

[[Page 54944]]

efficiency with this feature; in this case, the testing burden would 
not change.)
2. Changes in Measured Energy Use
    When DOE modifies test procedures, it must determine to what 
extent, if any, the new test procedure would alter the measured energy 
use of covered products. (42 U.S.C. 6293(e)(1)). DOE has tentatively 
determined that the proposed test procedure amendments could affect the 
measured energy use of certain covered products, but the amendments 
would only affect aspects related to testing after the compliance date 
of the amended energy conservation standards that DOE is proposing in a 
separate notice. The test procedure amendments would not affect the 
current standards for any walk-in components, nor would they affect the 
standards promulgated in the June 2014 final rule with a compliance 
date of June 5, 2017. The standards with a compliance date in 2017 
apply to medium-temperature, dedicated condensing refrigeration 
systems, while the test procedure modifications would only affect low-
temperature systems and unit coolers. In the rulemaking analysis for 
the standards that DOE is proposing separately, DOE is accounting for 
the test procedure changes being proposed in this notice. Therefore, 
the modifications to the test procedure that DOE is proposing herein 
will require no further changes to the energy conservation standards.
    DOE requests comment on its determination that this proposal would 
not introduce any changes that increase test burden or alter the 
measured energy use of walk-in equipment.
    See section V.E for a list of issues on which DOE seeks comment.
3. Cost and Burden Impact on WICF Manufacturers
    As explained in section III.B.3, a manufacturer of a walk-in cooler 
or walk-in freezer is any person who: (1) Manufactures a component of a 
walk-in cooler or walk-in freezer that affects energy consumption, 
including, but not limited to, refrigeration, doors, lights, windows, 
or walls; or (2) manufactures or assembles the complete walk-in cooler 
or walk-in freezer. 10 CFR 431.302. DOE has proposed to add 
clarifications that the entity responsible for testing, rating, and 
certifying is the WICF component manufacturer. Thus, WICF manufacturers 
that exclusively assemble the complete WICF do not bear the testing and 
certification burden. DOE is also proposing labeling and revisions to 
the certification requirements on WICF component manufacturers in this 
proposed rule. The addition of these proposals, if adopted, will reduce 
any burden on WICF manufacturers that manufacture or assemble the 
complete walk-in cooler or walk-in freezer by allowing them to more 
easily identify compliant WICF components for assembly. This is the 
compliance regime in place today, which is unchanged by this proposal; 
however, DOE believes labeling will help WICF assemblers comply with 
the regulations. In conclusion, DOE does not believe that there is any 
burden added on WICF manufacturers that assemble complete WICFs as a 
result of performance-based testing requirements. While DOE did not 
assess the impact on these manufacturers in the final rules pertaining 
to walk-in cooler and walk-in freezer test procedures published in 
April 2011 and May 2014, DOE expects this assessment holds true for 
those final rules as well. 76 FR 21605 and 79 FR 27412.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined that 
test procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (October 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IFRA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel. DOE 
has prepared the following IRFA for the equipment that are the subject 
of this rulemaking.
    For manufacturers of walk-in equipment, the Small Business 
Administration (``SBA'') has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purposes of the 
statute. DOE used the SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. 65 FR 30848 (May 15, 2000), as amended at 65 FR 53533, 53544 
(September 5, 2000) and codified at 13 CFR part 121. The size standards 
are listed by North American Industry Classification System (``NAICS'') 
code and industry description and are available at http://www.sba.gov/category/navigation-structure/contracting/contracting-officials/small-business-size-standards. Walk-in equipment is classified under NAICS 
333415, ``Air-Conditioning and Warm Air Heating Equipment and 
Commercial and Industrial Refrigeration Equipment Manufacturing.'' The 
SBA sets a threshold of 1,250 employees or less for an entity to be 
considered as a small business for this category. Based on this 
threshold, DOE presents the following IRFA analysis:
1. Description and Estimated Number of Small Businesses Regulated
    DOE used available public information to identify potential small 
manufacturers. DOE's research involved industry trade association 
membership directories (including AHRI Directory,\8\ and NAFEM,\9\) 
public databases (e.g. the SBA Database,\10\) individual company Web 
sites, and market research tools (e.g., Dun and Bradstreet reports \11\ 
and Hoovers reports) \12\ to create a list of companies that 
manufacture or sell equipment covered by this rulemaking. During the 
2014 rulemaking, DOE also asked stakeholders and industry 
representatives if they were aware of any other small manufacturers 
during manufacturer interviews and at DOE public meetings. DOE reviewed 
publicly available data and contacted select companies on its list, as 
necessary, to determine whether they met the SBA's definition of a 
small business manufacturer of covered walk-in coolers and walk-in 
freezers. DOE screened out companies that do not offer equipment 
covered by this rulemaking, do not meet

[[Page 54945]]

the definition of a ``small business,'' or are foreign-owned.
---------------------------------------------------------------------------

    \8\ See www.ahridirectory.org/ahriDirectory/pages/home.aspx.
    \9\ See http://www.nafem.org/find-members/MemberDirectory.aspx.
    \10\ See http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.
    \11\ See www.dnb.com/.
    \12\ See www.hoovers.com/.
---------------------------------------------------------------------------

    DOE identified forty-seven panel manufacturers and found forty-two 
of the identified panel manufacturers to be small businesses.
    DOE identified forty-nine walk-in door manufacturers. Forty-five of 
those produce solid doors and four produce display doors. Of the forty-
five solid door manufacturers, forty-two produce panels as their 
primary business and are considered in the category of panel 
manufacturers in this preamble. The remaining three solid door 
manufacturers are all considered to be small businesses. Of the four 
display door manufacturers, two are considered small businesses. 
Therefore, of the seven manufacturers that exclusively produce walk-in 
doors (three producing solid doors and four producing display doors), 
DOE determined that five are small businesses.
    DOE identified nine walk-in refrigeration system manufacturers that 
produce equipment for one or more of the equipment classes analyzed in 
this proposal. All nine are domestic companies. Two of the nine 
manufacturers are small businesses.
    Lastly, DOE looked at manufacturers that assemble the complete 
walk-in cooler or walk-in freezer (i.e., an installer). Walk-in 
installation work is a subset of the highly fragmented heating, 
ventilation, air-conditioning, and refrigeration (HVACR) industry. DOE 
was unable to identify any company that exclusively operated as an 
assembler of WICFs. In general, WICF assemblers offer walk-in 
installation as part of a broader refrigeration offering and/or broader 
heating and cooling offering.
    DOE estimates that 10,000 to 30,000 companies offer walk-in 
contractor services. This is a subset of the roughly 100,000 companies 
that make up the domestic HVACR contractor industry. Key activities for 
these companies include the installation of residential HVAC, 
commercial HVAC, commercial refrigeration, and industrial refrigeration 
systems. Of these, DOE estimates the majority are small.
2. Description and Estimate of Compliance Requirements
    Panel manufacturers have had to comply with standards for their 
panels' R-value (a measure of the insulating value) since 2009. In a 
previous test procedure rule, published in May 2014, DOE established a 
sampling plan and certification reporting requirements for walk-in 
panels. 79 FR 27388 (May 13, 2014). DOE is not proposing any new 
testing, certification, compliance, or reporting requirements in this 
NOPR. However, DOE is proposing labeling requirements for walk-in 
panels, and is also proposing that manufacturers must include rating 
information on marketing materials for panels. For further discussion 
of the proposed labeling requirements, see section III.B.5. As 
discussed in that section, the cost of updating marketing materials 
could be up to $10,000 per panel model, but manufacturers--including 
small manufacturers--tend to produce only a few distinct panel models. 
DOE calculated that the cost of updating marketing materials for a 
small manufacturer would be less than one percent of annual revenues; 
thus, this requirement would not have a significant impact on small 
manufacturers.
    DOE is proposing new certification requirements for door 
manufacturers and refrigeration system manufacturers to certify their 
basic models to DOE. Door manufacturers must certify that they meet the 
June 2014 standards, which have a compliance date of June 5, 2017. 
Manufacturers of refrigeration systems for which standards were 
promulgated in the June 2014 final rule, and which were not 
subsequently remanded by the United States Court of Appeals for the 
Fifth Circuit's court order, must also certify that those refrigeration 
systems meet the June 2014 standards, which have a compliance date of 
June 5, 2017. DOE is conducting a separate energy conservation 
standards rulemaking for those refrigeration system classes whose 
standards were remanded. On the compliance date for those standards, 
manufacturers will have to certify that those refrigeration systems 
meet the relevant standards using the certification requirements being 
proposed in this rule.
    In general, DOE is proposing to modify the data elements walk-in 
door manufacturers and walk-in refrigeration system manufacturers 
submit as part of a certification report indicating that all basic 
models distributed in commerce in the U.S. comply with the applicable 
standards using DOE's testing procedures, in include product-specific 
certification data describing the efficiency and characteristics of the 
basic model. The certification reports are submitted for each basic 
model, either when the requirements go into effect (for models already 
in distribution), or when the manufacturer begins distribution of a 
particular basic model, and annually thereafter. Reports must be 
updated when a new model is introduced or a change affecting energy 
efficiency or use is made to an existing model resulting in a change in 
the certified rating. (10 CFR 429.12(a))
    DOE currently requires manufacturers or their party representatives 
to prepare and submit certification reports using DOE's electronic Web-
based tool, the Compliance Certification Management System (``CCMS''), 
which is the only mechanism for submitting certification reports to 
DOE. CCMS currently has product-specific templates that manufacturers 
must use when submitting certification data to DOE. See http://www.regulations.doe.gov/ccms. This proposed rule would not change the 
requirement that manufacturers submit certification reports 
electronically. DOE believes the availability of electronic filing 
through the CCMS system reduces reporting burdens, streamlines the 
process, and provides the Department with needed information in a 
standardized, more accessible form. This electronic filing system also 
ensures that records are recorded in a permanent, systematic way.
    DOE is also proposing to require manufacturers to label their doors 
and refrigeration systems with product-specific data and information 
describing the efficiency and characteristics of the basic model, and 
is also proposing that manufacturers must include rating information on 
marketing materials for these components. For further discussion of the 
proposed labeling requirements, see section III.B.5. As discussed in 
that section, the cost of updating marketing materials could be up to 
$10,000 per basic model. Door manufacturers--including small 
manufacturers--tend to produce only a few distinct door models; thus, 
this requirement would not have a significant impact on small door 
manufacturers. Small refrigeration manufacturers, on the other hand, 
may produce up to 100 basic models of refrigeration systems--as many as 
large manufacturers. The cost of updating marketing materials is a one-
time expense that varies greatly by product offering.
    DOE is proposing to add clarifications that the entity responsible 
for testing, rating, and certifying is the WICF component manufacturer. 
Thus, WICF manufacturers that exclusively assemble the complete WICF do 
not bear the testing and certification burden. DOE is also proposing 
labeling and revisions to the certification requirements on WICF 
component manufacturers in this proposed rule. The addition of these 
proposals, if adopted, will reduce any burden on WICF manufacturers 
that manufacture or assemble the complete walk-in cooler or walk-in 
freezer by

[[Page 54946]]

allowing them to more easily identify compliant WICF components for 
assembly. This does not change the compliance requirements for these 
WICF manufacturers and installers; however, DOE believes labeling will 
help WICF assemblers comply with the regulations. In conclusion, DOE 
does not believe that small WICF manufacturers that assemble complete 
WICFs will see an increased burden from the proposals in this 
rulemaking.
3. Duplication, Overlap, and Conflict With Other Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with the rule being considered in this NOPR.
4. Significant Alternatives to the Rule
    This section considers alternatives to the proposals in this 
document. DOE has tried to minimize the reporting burden as much as 
possible by: (1) Accepting electronic submissions; (2) providing 
preformatted templates that lay out the certification and compliance 
requirements for each product; and (3) allowing manufacturers to group 
individual models into basic models for the purposes of certification 
to reduce the number of discrete models reported to the Department. DOE 
has also made efforts to address the concerns of small businesses by 
expanding the ability of manufacturers to use alternative efficiency 
determination methods (``AEDMs'') in lieu of testing equipment.
    DOE seeks input on its Initial Regulatory Flexibility Analysis from 
businesses that would be affected by this rulemaking and will consider 
comments received in the development of any final rule.
    See section V.E for a list of issues on which DOE seeks comment.

C. Review Under the Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (``PRA'') (44 U.S.C. 
3501, et seq.), Federal agencies must obtain approval from the Office 
of Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. DOE established 
regulations for the certification and recordkeeping requirements for 
all covered consumer products and commercial equipment, including walk-
in coolers and walk-in freezers. See generally 10 CFR part 429. This 
requirement has been approved by OMB for walk-ins under OMB control 
number 1910-1400. This proposal would expand the information that 
manufacturers and importers of covered walk-in equipment would need to 
submit to the Department as part of a certification that the products 
they are distributing in commerce in the U.S. comply with the 
applicable energy conservation standards. Further, this proposal 
requires manufacturers to disclose performance information as part of 
the proposed labeling requirements for walk-in panels, doors, and 
refrigeration systems.
    In compliance with the PRA, DOE is seeking comment on this proposed 
expansion of the existing information collection.
    Agency: U.S. Department of Energy (DOE).
    OMB Control Number: OMB No. 1910-1400.
    Information Collection Request Title: Certification Reports, 
Compliance Statements, Application for a Test Procedure Waiver, 
Recordkeeping for Consumer Products and Commercial/Industrial Equipment 
Subject to Energy or Water Conservation Standards, and Label and 
Marketing Material Information Disclosure.
    Type of Request: Revision and Expansion of an Existing Collection.
    Requested Expiration Date of Approval: Three years from the date of 
approval.
    Purpose: Manufacturers of the covered products addressed in this 
NOPR are already required to certify to DOE that their equipment 
complies with applicable energy conservation standards. In certifying 
compliance, manufacturers must test their equipment according to the 
applicable DOE test procedures for the given equipment type, including 
any amendments adopted for those test procedures, or use AEDMs (as 
applicable) to develop the certified ratings of the basic models. The 
collection-of-information requirement for the certification proposals 
is subject to review and approval by OMB under the PRA.
    Manufacturers are required to certify: (1) New basic models before 
distribution in commerce; (2) existing basic models, whose certified 
ratings remain valid, annually; (3) existing basic models, whose 
designs have been altered resulting in a change in rating that is more 
consumptive or less efficient, at the time the design change is made; 
and (4) previously certified basic models that have been discontinued 
annually. Respondents may submit reports to the Department at any time 
during the year using DOE's online system.
    Amendments to the existing walk-in standards are expected to result 
in slight changes to the information that DOE is proposing to collect 
for walk-ins. Specifically, DOE is proposing that, in addition to 
information currently required for certification reports, door 
manufacturers report the door energy use as determined by the DOE test 
procedure, the rated power of each light, heater wire and/or other 
electricity consuming device and whether such device(s) has a control 
system. Refrigeration system manufacturers report the Annual Walk-in 
Efficiency Factor (``AWEF''), net capacity as determined by the DOE 
test procedure, and the configuration test for certification. 
Manufacturers will have to re-submit certification reports for basic 
models that they distribute in commerce starting on the compliance date 
of the amended standards.
    In addition, DOE proposed to add labeling requirements for walk-in 
panels, doors, and refrigeration systems. Specifically, each of these 
components will be required to disclose on its permanent nameplate the 
rated energy use or efficiency, as applicable, brand, model number, and 
date of manufacture. In addition, each component label must include a 
statement indicating that the component is designed and certified for 
use in walk-in cooler and freezer applications. See section III.B.5 for 
the specific labeling requirements for each component.
    DOE estimated that it will take each respondent (walk-in component 
manufacturer) approximately 1 hour total per company per year to comply 
with the information disclosure (i.e., labeling) requirements based on 
0.25 hours of technician/technical work to apply the label and 0.75 
hours clerical work to create the label and update marketing materials. 
For the purposes of estimating burden, DOE determined from its 
Compliance Certification Database that each panel manufacturer and door 
manufacturer certifies on average 4 basic models and that each basic 
model will require a discrete label. Based on DOE's Compliance 
Certification Database, each refrigeration manufacturer certifies 
approximately 100 basic models and DOE is conservatively estimating 
that each basic model will require a unique label.
    Regarding the additional certification requirements, DOE estimates 
that the slight change in certification requirements would not result 
in additional burden because walk-in component manufacturers are 
already required to annually certify compliance with the existing 
standards.
    DOE estimates the burden for this rule as follows:
    (1) Annual Estimated Number of Respondents: 63 (47 panel 
manufacturers, 7 door manufacturers,

[[Page 54947]]

and 9 refrigeration system manufacturers);
    (2) Annual Estimated Number of Total Responses: 1,116 (188 for 
panels, 28 door, 900 for refrigeration systems);
    (3) Annual Estimated Number of Burden Hours: 1,116 (1 hour for 
applying and creating label and updating marketing materials);
    (4) Annual Estimated Reporting and Recordkeeping Cost Burden: 
$83,700.
    DOE requests comment generally on its review under the PRA, and 
specifically on: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; (b) the 
accuracy of the agency's estimate of the burden of the proposed 
collection of information, including the validity of the methodology 
and assumptions used; (c) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (d) ways to minimize 
the burden of the collection of information on respondents, including 
through the use of automated collection techniques or other forms of 
information technology.
    See section V.E for a list of issues on which DOE seeks comment.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes test procedure amendments that 
will likely be used to develop and implement future energy conservation 
standards for walk-in coolers and walk-in freezers. DOE has determined 
that this rule falls into a class of actions that are categorically 
excluded from review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 
CFR part 1021. Specifically, this proposed rule would amend the 
existing test procedures without affecting the amount, quality or 
distribution of energy usage, and, therefore, would not result in any 
environmental impacts. Thus, this rulemaking is covered by Categorical 
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any 
rulemaking that interprets or amends an existing rule without changing 
the environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. (65 FR 13735). DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)). No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined this 
proposed rule according to UMRA and its statement of policy and 
determined that the proposed rule contains neither an intergovernmental 
mandate, nor a mandate that may result in the expenditure of $100 
million or more in any year, so these requirements do not apply.

[[Page 54948]]

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
DOE has reviewed this proposed rule under the OMB and DOE guidelines 
and has concluded that it is consistent with applicable policies in 
those guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to amend the test procedure for 
measuring the energy efficiency of walk-in coolers and walk-in freezers 
is not a significant regulatory action under Executive Order 12866. 
Moreover, it would not have a significant adverse effect on the supply, 
distribution, or use of energy, nor has it been designated as a 
significant energy action by the Administrator of OIRA. Therefore, it 
is not a significant energy action, and, accordingly, DOE has not 
prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition.
    The proposed modifications to the test procedure for walk-in 
coolers and walk-in freezers adopted in this final rule incorporates 
testing methods contained in certain sections of the following 
commercial standards: AHRI Standard 1250-2009, AHRI Standard 420-2008, 
and ASHRAE Standard 23.1-2010. DOE has evaluated these standards and is 
unable to conclude whether it fully complies with the requirements of 
section 32(b) of the FEAA (i.e., whether it was developed in a manner 
that fully provides for public participation, comment, and review.) DOE 
will consult with both the Attorney General and the Chairman of the FTC 
concerning the impact of these test procedures on competition, prior to 
prescribing a final rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference AHRI 420-
2008, titled ``Performance Rating of Forced-Circulation Free Delivery 
Unit Coolers for Refrigeration.'' AHRI 420-2008 establishes the 
following elements for forced-circulation free-delivery unit coolers 
for refrigeration: Definitions, test requirements, rating requirements, 
minimum data requirements for published ratings, marketing and 
nameplate data, and conformance conditions. The standard applies to 
forced-circulation, free-delivery unit coolers, as defined in Section 3 
of this standard, operating with a volatile refrigerant fed by either 
direct expansion or liquid overfeed at wet conditions, dry conditions, 
or both.
    Copies of AHRI 420-2008 may be purchased from AHRI at 2111 Wilson 
Boulevard, Suite 500, Arlington, VA 22201, or by going to http://www.ahrinet.org.
    DOE also proposes to incorporate by reference specific sections 
from the test standard published by AHRI, titled ``Standard for 
Performance Rating of Walk-ins,'' AHRI Standard 1250-2009. AHRI 
Standard 1250-2009 establishes definitions, test requirements, rating 
requirements, minimum data requirements for published ratings, 
operating requirements, marking and nameplate data, and conformance 
conditions for walk-in coolers and walk-in freezers. This testing 
standard applies to mechanical refrigeration equipment that consists of 
an integrated, single-package refrigeration unit, or as separate unit 
cooler and condensing unit components, where the condensing unit can be 
located either indoors or outdoors. Controls can be integral or can be 
provided by a separate party, as long as their performance is tested 
and certified with the listed mechanical equipment.
    Copies of AHRI Standard 1250-2009 may be purchased from AHRI at 
2111 Wilson Boulevard, Suite 500, Arlington, VA 22201, or by going to 
http://www.ahrinet.org.
    DOE proposes to incorporate by reference ASHRAE Standard 23.1-2010, 
entitled ``Methods of Testing for Performance Rating Positive 
Displacement Refrigerant Compressors and Condensing Units that Operate 
at Subcritical Temperatures of the Refrigerant.'' ASHRAE 23.1-2010 
provides testing methods for rating the thermodynamic performance of 
positive displacement refrigerant compressors and condensing units that 
operate at subcritical temperatures of the refrigerant. This standard 
applies to all of the refrigerants listed in ASHRAE Standard 34, 
``Designation and Safety Classification of Refrigerants,'' that fall 
within the scope of positive displacement refrigerant compressors and 
condensing units that operate at

[[Page 54949]]

subcritical temperatures of the refrigerant, which either (a) do not 
have liquid injection or (b) incorporate liquid injection that is 
achieved by compressor motor power.
    Copies of ASHRAE 23.1-2010 may be purchased from ASHRAE at 1971 
Tullie Circle NE., Atlanta, GA 30329, or by going to http://www.ashrae.org.
    Finally, DOE proposes to incorporate by reference ASTM Standard 
C518-04, entitled ``Standard Test Method for Steady-State Thermal 
Transmission Properties by Means of the Heat Flow Meter Apparatus.'' 
ASTM C518-04 provides a test method for measuring steady state thermal 
transmission through flat slab specimens using a heat flow meter 
apparatus, to allow determination of thermal conductance.
    Copies of ASTM C518-04 may be purchased by calling ASTM Sales at 1-
877-909-ASTM, or by going to http://www.astm.org.

V. Public Participation

A. Attendance at Public Meeting

    The time, date and location of the public meeting are listed in the 
DATES and ADDRESSES sections at the beginning of this document. If you 
plan to attend the public meeting, please notify Ms. Regina Washington 
at (202) 586-1214 or Regina.Washington@ee.doe.gov.
    Please note that foreign nationals visiting DOE Headquarters are 
subject to advance security screening procedures which require advance 
notice prior to attendance at the public meeting. If a foreign national 
wishes to participate in the public meeting, please inform DOE of this 
fact as soon as possible by contacting Ms. Regina Washington at (202) 
586-1214 or by email: Regina.Washington@ee.doe.gov so that the 
necessary procedures can be completed.
    DOE requires visitors to have laptops and other devices, such as 
tablets, checked upon entry into the building. Any person wishing to 
bring these devices into the Forrestal Building will be required to 
obtain a property pass. Visitors should avoid bringing these devices, 
or allow an extra 45 minutes to check in. Please report to the 
visitor's desk to have devices checked before proceeding through 
security.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS), there have been recent changes regarding ID 
requirements for individuals wishing to enter Federal buildings from 
specific states and U.S. territories. Driver's licenses from the 
following states or territory will not be accepted for building entry 
and one of the alternate forms of ID listed below will be required. DHS 
has determined that regular driver's licenses (and ID cards) from the 
following jurisdictions are not acceptable for entry into DOE 
facilities: Alaska, American Samoa, Arizona, Louisiana, Maine, 
Massachusetts, Minnesota, New York, Oklahoma, and Washington. 
Acceptable alternate forms of Photo-ID include a U.S. Passport or 
Passport Card; an Enhanced Driver's License or Enhanced ID-Card issued 
by the states of Minnesota, New York or Washington (Enhanced licenses 
issued by these states are clearly marked Enhanced or Enhanced Driver's 
License); or a military ID or other Federal government issued Photo-ID 
card.
    In addition, you can attend the public meeting via webinar. Webinar 
registration information, participant instructions, and information 
about the capabilities available to webinar participants will be 
published on DOE's Web site: https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=56&action=viewlive. 
Participants are responsible for ensuring their systems are compatible 
with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has plans to present a prepared general statement 
may request that copies of his or her statement be made available at 
the public meeting. Such persons may submit requests, along with an 
advance electronic copy of their statement in PDF (preferred), 
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to 
the appropriate address shown in the ADDRESSES section at the beginning 
of this notice. The request and advance copy of statements must be 
received at least one week before the public meeting and may be 
emailed, hand-delivered, or sent by mail. DOE prefers to receive 
requests and advance copies via email. Please include a telephone 
number to enable DOE staff to make a follow-up contact, if needed.

C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also use a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 
6306). A court reporter will be present to record the proceedings and 
prepare a transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the public meeting. After the public meeting and until the end of the 
comment period, interested parties may submit further comments on the 
proceedings and any aspect of the rulemaking.
    The public meeting will be conducted in an informal, conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this rulemaking. Each participant will be allowed 
to make a general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will permit, as time 
permits, other participants to comment briefly on any general 
statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions by DOE and by other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the public 
meeting will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the procedures that may be 
needed for the proper conduct of the public meeting.
    A transcript of the public meeting will be included in the docket, 
which can be viewed as described in the Docket section at the beginning 
of this notice. In addition, any person may buy a copy of the 
transcript from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this notice.
    Submitting comments via regulations.gov. The www.regulations.gov 
Web page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed

[[Page 54950]]

properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
www.regulations.gov cannot be claimed as CBI. Comments received through 
the Web site 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, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail 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. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will 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, postal mail, or hand delivery two well-marked 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. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's 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).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests comment on the proposed definitions for dedicated 
condensing unit and dedicated condensing refrigeration system.
    (2) DOE requests comment on the proposed definition for packaged 
dedicated system.
    (3) DOE requests comments on the proposed definitions for matched 
condensing unit and matched refrigeration system.
    (4) DOE requests comments on the proposed definitions for indoor 
and outdoor condensing units.
    (5) DOE requests comment on its proposal to change the ``multiplex 
condensing'' class designation to ``unit cooler'' and on its proposal 
to add a definition for ``unit cooler'' in the CFR, using the 
definition that currently is in AHRI 1250-2009.
    (6) DOE requests comment on the proposed modifications to the 
definition of refrigeration system.
    (7) DOE requests comment on the proposed definition for adaptive 
defrost.
    (8) DOE requests comment on the definition for process cooling 
refrigeration system. DOE also requests data or information on any 
other qualities, characteristics, or features specific to the 
refrigeration system itself (either mentioned in this section or not) 
that would clearly distinguish process refrigeration from other 
refrigeration systems or would cause a certain process refrigeration 
system to be unable to meet a walk-in refrigeration system standard. 
DOE particularly requests data for condensing units distributed 
individually; in the absence of any evidence that individual condensing 
units designed for process refrigeration are fundamentally different 
from other individual condensing units, DOE will have no basis for 
excluding such condensing units from the scope of the standards. 
Further, DOE requests comment on the proposal to allow 60 days after 
publication of the final rule for manufacturers of process cooling 
refrigeration systems to attain compliance with the applicable 
regulations.
    (9) DOE requests comment on the proposed definition for preparation 
room refrigeration. DOE requests comment on any other characteristics 
of preparation room refrigeration that (1) clearly distinguishes it 
from walk-in refrigeration systems and (2) would cause this equipment 
to be unable to meet a walk-in refrigeration standard.

[[Page 54951]]

    (10) DOE requests comment on the proposed definition for 
``refrigerated storage space.'' DOE requests comment on whether any 
further clarification is needed to clearly distinguish equipment that 
is subject to the standard from equipment that is not.
    (11) DOE requests comments on its proposal to remove from the test 
procedure the credit-based method for calculating the efficiency 
benefit of hot gas defrost.
    (12) DOE requests comment on the revised representation 
requirements.
    (13) DOE seeks comment on the proposed additions to the reporting 
requirements. See section V.E for a list of issues on which DOE seeks 
comment.
    (14) DOE seeks comment on the proposed requirements for 
manufacturers to label their walk-in equipment and update their 
marketing materials for walk-in equipment to include efficiency 
information. DOE also seeks comment on whether it should add a 
requirement specifying that the permanent nameplates on doors, panels, 
and refrigeration systems be visible at all times, including when the 
component is assembled into a complete walk-in. Further, DOE asks 
whether these requirements are technologically and economically 
feasible. DOE particularly seeks data from manufacturers regarding the 
cost of labeling and updating marketing materials.
    (15) DOE requests comment on its determination that this proposal 
would not introduce any changes that increase test burden or alter the 
measured energy use of walk-in equipment.
    (16) DOE seeks input on its Initial Regulatory Flexibility Analysis 
from businesses that would be affected by this rulemaking and will 
consider comments received in the development of any final rule.

VI. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

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

10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation test procedures, Incorporation by 
reference, and Reporting and recordkeeping requirements.

    Issued in Washington, DC, on July 29, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 431 of chapter II of title 10, Code of Federal 
Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
2. Section 429.12 is amended by revising paragraph (b)(6) to read as 
follows:


Sec.  429.12  General requirements applicable to certification reports.

* * * * *
    (b) * * *
    (6) For each brand, the basic model number and the manufacturer's 
individual model number(s) in that basic model with the following 
exceptions: For external power supplies that are certified based on 
design families, the design family model number and the individual 
manufacturer's model numbers covered by that design family must be 
submitted for each brand. For distribution transformers, the basic 
model number or kVA grouping model number (depending on the 
certification method) for each brand must be submitted. For commercial 
HVAC, WH, and refrigeration equipment, an individual manufacturer model 
number may be identified as a ``private model number'' if it meets the 
requirements of Sec.  429.7(b).
* * * * *
0
3. Section 429.53 is revised to read as follows:


Sec.  429.53  Walk-in coolers and walk-in freezers.

    (a) Determination of represented value. (1) The requirements of 
Sec.  429.11 are applicable to walk-in coolers and walk-in freezers; 
and
    (2) For each basic model of walk-in cooler and walk-in freezer 
refrigeration system, the annual walk-in energy factor (AWEF) must be 
determined either by testing, in accordance with Sec.  431.304 of this 
chapter and the provisions of this section, or by application of an 
AEDM that meets the requirements of Sec.  429.70 and the provisions of 
this section.
    (i) Applicable test procedure. If the AWEF is determined by 
testing, refer to the following for the appropriate test procedure to 
use:
    (A) Unit cooler test procedure. For unit coolers tested alone, use 
the test procedure in 10 CFR part 431, subpart R, appendix C. Follow 
the general testing provisions in appendix C, sections 3.1 and 3.2, and 
the product-specific provisions in appendix C, section 3.3.
    (B) Dedicated condensing unit test procedure. For dedicated 
condensing units tested alone, use the test procedure in 10 CFR part 
431, subpart R, appendix C. Follow the general testing provisions in 
appendix C, sections 3.1 and 3.2, and the product-specific provisions 
in appendix C, section 3.4.
    (C) Packaged dedicated system test procedure. For packaged 
dedicated systems, use the test procedure in 10 CFR part 431, subpart 
R, appendix C. Follow the general testing provisions in appendix C, 
sections 3.1 and 3.2, and the product-specific provisions in appendix 
C, section 3.3.
    (D) Matched refrigeration system test procedure. For matched 
refrigeration systems, use the test procedure in 10 CFR part 431, 
subpart R, appendix C. Follow the general testing provisions in 
appendix C, sections 3.1 and 3.2, and the product-specific provisions 
in appendix C, section 3.3. It is not necessary to rate a matched 
refrigeration system if the constituent unit cooler(s) and dedicated 
condensing unit have been tested and rated as specified paragraphs 
(a)(2)(i)(A) and (B), respectively. However, if a manufacturer wishes 
to represent the efficiency of the matched refrigeration system as 
distinct from the efficiency of either constituent component, or if the 
manufacturer cannot rate one or both of the constituent components 
using the specified method, the manufacturer must test and certify the 
matched refrigeration system as specified in this paragraph 
(a)(2)(i)(D).
    (ii) Units to be tested. (A) If the represented value for a given 
refrigeration system basic model is determined through testing, the 
general requirements of Sec.  429.11 apply; and
    (B) For each basic model, a sample of sufficient size shall be 
randomly selected and tested to ensure that any represented value of 
AWEF or other measure of energy efficiency of a basic model for which 
consumers would favor higher values shall be less than or equal to the 
lower of:
    (1) The mean of the sample, where:

[[Page 54952]]

[GRAPHIC] [TIFF OMITTED] TP17AU16.001

    And x is the sample mean; n is the number of samples; and 
xi is the ith sample, or,
    (2) The lower 95 percent confidence limit (LCL) of the true mean 
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TP17AU16.002

    And x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.95 is the t statistic for a 
95% one-tailed confidence interval with n-1 degrees of freedom (from 
appendix A to subpart B).
    (C) The represented value of net capacity shall be the average of 
the capacities measured for the sample selected.
    (iii) Alternative efficiency determination methods. In lieu of 
testing, a represented value of AWEF for a basic model of a walk-in 
cooler or freezer refrigeration system must be determined through the 
application of an AEDM pursuant to the requirements of Sec.  429.70 and 
the provisions of this section, where:
    (A) Any represented value of AWEF or other measure of energy 
efficiency of a basic model for which consumers would favor higher 
values shall be less than or equal to the output of the AEDM and 
greater than or equal to the Federal standard for that basic model.
    (B) The represented value of net capacity must be the net capacity 
simulated by the AEDM.
    (3) For each basic model of walk-in cooler and walk-in freezer 
panels, display doors, and non-display doors, the R-value and/or energy 
consumption must be determined by testing, in accordance with Sec.  
431.304 of this chapter and the provisions of this section.
    (i) Applicable test procedure. Refer to the following for the 
appropriate test procedure:
    (A) Display door test procedure. For determining the energy 
consumption and rated surface area in square feet, use the test 
procedure in 10 CFR part 431, subpart R, appendix A.
    (B) Non-display door test procedure. For determining the energy 
consumption and rated surface area in square feet, use the test 
procedure in 10 CFR part 431, subpart R, appendix A. For determining 
the R-value, use the test procedure in 10 CFR part 431, subpart R, 
appendix B.
    (C) Panel test procedure. For determining the R-value, use the test 
procedure in 10 CFR part 431, subpart R, appendix B.
    (ii) Units to be tested. (A) The general requirements of Sec.  
429.11 apply; and
    (B) For each basic model, a sample of sufficient size shall be 
randomly selected and tested to ensure that--
    (1) Any represented value of door energy consumption or other 
measure of energy use of a basic model for which consumers would favor 
lower values shall be greater than or equal to the higher of:
    (i) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TP17AU16.003
    
    And x is the sample mean; n is the number of samples; and 
xi is the ith sample, or,
    (ii) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TP17AU16.004

    And x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.95 is the t statistic for a 
95% one-tailed confidence interval with n-1 degrees of freedom (from 
appendix A to subpart B).
    (2) Any represented value of R-value or other measure of energy 
efficiency of a basic model for which consumers would favor higher 
values shall be less than or equal to the lower of:
    (i) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TP17AU16.005
    
    And x is the sample mean; n is the number of samples; and 
xi is the ith sample, or,
    (ii) The lower 95 percent confidence limit (LCL) of the true mean 
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TP17AU16.006

    And x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.95 is the t statistic for a 
95% one-tailed confidence interval with n-1 degrees of freedom (from 
appendix A to subpart B).
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to manufacturers of walk-in cooler and walk-in freezer 
panels, doors, and refrigeration systems, and;
    (2) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following public product-specific information:
    (i) For doors: The door type, R-value of the door insulation, and a 
declaration that the manufacturer has incorporated the applicable 
design requirements. In addition, for those walk-in coolers and walk-in 
freezers with transparent reach-in doors and windows: The glass type of 
the doors and windows (e.g., double-pane with heat reflective 
treatment, triple-pane glass with gas fill), and the power draw of the 
antisweat heater in watts per square foot of door opening.
    (ii) For walk-in cooler and walk-in freezer panels: The R-value of 
the insulation.
    (iii) For walk-in cooler and walk-in freezer refrigeration systems: 
The motor's purpose (i.e., evaporator fan motor or condenser fan 
motor), the horsepower, and a declaration that the manufacturer has 
incorporated the applicable design requirements.
    (3) Pursuant to Sec.  429.12(b)(13), starting on June 5, 2017, a 
certification report must include the following public product-specific 
information in addition to the information listed in paragraph (b)(2) 
of this section:
    (i) For walk-in cooler and walk-in freezer doors: The door energy 
consumption and rated surface area in square feet.
    (ii) For refrigeration systems that are medium-temperature 
dedicated condensing units, medium-temperature packaged dedicated 
systems, or medium-temperature matched systems: The refrigeration 
system AWEF, net capacity, and the configuration tested for 
certification (e.g., condensing unit only, unit cooler only, or matched 
pair).
    (4) Pursuant to Sec.  429.12(b)(13), starting on June 5, 2017, a 
certification report must include the following product-specific 
information in addition to the information listed in paragraphs (b)(2) 
and (3) of this section: For doors: The rated power of each light, 
heater wire, and/or other electricity consuming device associated with 
each basic model of display and non-display door; and whether such 
device(s) has a timer, control system, or other demand-based control 
reducing the device's power consumption.
    (5) Starting on [COMPLIANCE DATE OF FINAL RULE FOR UPDATED 
REFRIGERATION STANDARDS], a certification report must include the 
following public product-specific information in addition to the 
information listed in paragraph (b)(2) of this section:
    (i) For refrigeration systems that are low-temperature dedicated 
condensing units, low-temperature matched systems, or medium and low-
temperature unit coolers: The refrigeration system AWEF, net

[[Page 54953]]

capacity, and the configuration tested for certification (e.g., 
condensing unit only, unit cooler only, or matched pair).
0
4. Section 429.110 is amended by revising paragraph (e)(2) to read as 
follows:


Sec.  429.110  Enforcement testing.

* * * * *
    (e) * * *
    (2) For automatic commercial ice makers; commercial refrigerators, 
freezers, and refrigerator-freezers; refrigerated bottled or canned 
vending machines; commercial air conditioners and heat pumps; 
commercial packaged boilers; commercial warm air furnaces; commercial 
water heating equipment; and walk-in cooler and freezer refrigeration 
systems, DOE will use an initial sample size of not more than four 
units and follow the sampling plans in appendix B of this subpart 
(Sampling Plan for Enforcement Testing of Covered Equipment and Certain 
Low-Volume Covered Products).
* * * * *
0
4. Section 429.134 is amended by adding paragraph (l) to read as 
follows:


Sec.  429.134  Product-specific enforcement provisions.

* * * * *
    (l) Walk-in coolers and walk-in freezers. (1) If DOE determines 
that a basic model of a panel, door, or refrigeration system for walk-
in coolers or walk-in freezers fails to meet an applicable energy 
conservation standard, then the manufacturer of that basic model is 
responsible for the noncompliance with the applicable standard. If DOE 
determines that a complete walk-in cooler or walk-in freezer or 
component thereof fails to meet an applicable energy conservation 
standard, then the manufacturer of that walk-in cooler or walk-in 
freezer is responsible for the noncompliance with the applicable 
standard, except that the manufacturer of a complete walk-in cooler or 
walk-in freezer is not responsible either for the use of components 
that were certified and labeled as compliant by another party that are 
later found to be noncompliant.
    (2) Verification of refrigeration system net capacity. The net 
capacity of the refrigeration system basic model will be measured 
pursuant to the test requirements of 10 CFR part 431, subpart R, 
appendix C for each unit tested. The results of the measurement(s) will 
be averaged and compared to the value of net capacity certified by the 
manufacturer. The certified net capacity will be considered valid only 
if the average measured net capacity is within five percent of the 
certified net capacity.
    (i) If the certified net capacity is found to be valid, the 
certified net capacity will be used as the basis for calculating the 
AWEF of the basic model.
    (ii) If the certified refrigeration capacity is found to be 
invalid, the average measured refrigeration capacity will serve as the 
basis for calculating the annual energy consumption for the basic 
model.
    (3) Verification of door surface area. The surface area of a 
display door or non-display door basic model will be measured pursuant 
to the requirements of 10 CFR part 431, subpart R, appendix A for each 
unit tested. The results of the measurement(s) will be averaged and 
compared to the value of the surface area certified by the 
manufacturer. The certified surface area will be considered valid only 
if the average measured surface area is within one percent of the 
certified surface area.
    (i) If the certified surface area is found to be valid, the 
certified surface area will be used as the basis for calculating the 
maximum energy consumption (kWh/day) of the basic model.
    (ii) If the certified surface area is found to be invalid, the 
average measured surface area will serve as the basis for calculating 
the maximum energy consumption (kWh/day) of the basic model.
    (4) For each basic model of walk-in cooler and freezer door, DOE 
will calculate the door's energy consumption using the power listed on 
the nameplate of each electricity consuming device shipped with the 
door. If an electricity consuming device shipped with a walk-in door 
does not have a nameplate or such nameplate does not list the device's 
power, then DOE will use the device's ``rated power'' included in the 
door's certification report.

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

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

    Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
6. Section 431.302 is amended by:
0
a. Adding in alphabetical order, definitions for ``Adaptive defrost,'' 
``Dedicated condensing unit,'' ``Dedicated condensing refrigeration 
system,'' ``Indoor dedicated condensing refrigeration system,'' 
``Matched condensing unit,'' ``Matched refrigeration system,'' 
``Outdoor dedicated condensing refrigeration system,'' ``Packaged 
dedicated system,'' ``Preparation room refrigeration,'' ``Refrigerated 
storage space,'' ``Unit cooler'', and ``Walk-in process cooling 
refrigeration system''; and
0
b. Revising the definition of ``refrigeration system'';
    The revision and additions read as follows:


Sec.  431.302  Definitions concerning walk-in coolers and walk-in 
freezers.

    Adaptive defrost means a defrost control system that reduces 
defrost frequency by initiating defrosts or adjusting the number of 
defrosts per day in response to operating conditions (e.g., moisture 
levels in the refrigerated space, measurements that represent coil 
frost load) rather than initiating defrost strictly based on compressor 
run time or clock time.
* * * * *
    Dedicated condensing unit means a positive displacement condensing 
unit that is part of a refrigeration system (as defined in 10 CFR 
431.302) and is an assembly that
    (1) Includes 1 or more compressors, a condenser, and one 
refrigeration circuit; and
    (2) Is designed to serve one refrigerated load.
    Dedicated condensing refrigeration system means either:
    (1) A dedicated condensing unit;
    (b) A packaged dedicated system; or
    (3) A matched refrigeration system.
* * * * *
    Indoor dedicated condensing refrigeration system means a dedicated 
condensing refrigeration system that is not an outdoor dedicated 
refrigeration system.
* * * * *
    Matched condensing unit means a dedicated condensing unit that is 
distributed in commerce with one or more unit cooler(s) specified by 
the condensing unit manufacturer.
    Matched refrigeration system (also called matched pair) means a 
refrigeration system including the matched condensing unit and the one 
or more unit coolers with which it is distributed in commerce.
    Outdoor dedicated condensing refrigeration system means a dedicated 
condensing unit, packaged dedicated system, or matched refrigeration 
system in which the assembly (including the compressor(s) and 
condenser) is encased and the system is capable of maintaining a net 
capacity at the 35[emsp14][deg]F outdoor temperature condition that is 
no less than 65 percent of the net capacity measured at the 
95[emsp14][deg]F outdoor temperature condition for a period of no less 
than one hour.

[[Page 54954]]

    Packaged dedicated system means a refrigeration system (as defined 
in 10 CFR 431.302) that is a single-package assembly that includes one 
or more compressors, a condenser, a means for forced circulation of 
refrigerated air, and elements by which heat is transferred from air to 
refrigerant, without any element external to the system imposing 
resistance to flow of the refrigerated air.
* * * * *
    Preparation room refrigeration means a unit cooler that is designed 
for use in a room occupied by personnel who are preparing food and that 
is characterized by low outlet air velocity, evaporator temperature 
between 30 and 55 degrees Fahrenheit, and electric or hot gas defrost.
* * * * *
    Refrigerated storage space means a space held at refrigerated (as 
defined in 10 CFR 431.302) temperatures.
* * * * *
    Refrigeration system means the mechanism (including all controls 
and other components integral to the system's operation) used to create 
the refrigerated environment in the interior of a walk-in cooler or 
freezer, consisting of:
    (1) A dedicated condensing refrigeration system (as defined in 10 
CFR 431.302); or
    (2) A unit cooler.
* * * * *
    Unit cooler means an assembly, including means for forced air 
circulation and elements by which heat is transferred from air to 
refrigerant without any element external to the cooler imposing air 
resistance.
* * * * *
    Walk-in process cooling refrigeration system means a refrigeration 
system that is used exclusively for cooling food or other substances 
from one temperature to another. The basic model of such a system must 
either:
    (1) Be distributed in commerce with an enclosure consisting of 
panels and door(s) such that the assembled product has a refrigerating 
capacity of at least 100 Btu/h per cubic foot of enclosed internal 
volume; or
    (2) Be a unit cooler having an evaporator coil that is at least 
four-and-one-half (4.5) feet in height and whose height is at least 
one-and-one-half (1.5) times the width.
0
7. Section 431.303 is amended by:
0
a. Redesignating paragraph (b)(1) as (b)(2), and adding new paragraph 
(b)(1);
0
b. Revising newly redesignated paragraph (b)(2), by removing ``Sec.  
431.304'', and adding in its place, ``Sec.  431.304 and appendix C to 
subpart R of part 431.
0
c. Redesignating paragraphs (c) and (d) as paragraphs (d) and (e), 
respectively, and adding new paragraph (c);
0
d. Revising newly redesignated paragraph (d)(1), by removing ``appendix 
A to subpart R of part 431'' and adding in its place, ``appendix B to 
subpart R of part 431''.
    The revisions and addition read as follows:


Sec.  431.303  Materials incorporated by reference.

* * * * *
    (b) * * *
    (1) ANSI/AHRI 420-2008, (``AHRI 420-2008''), ``Performance Rating 
of Forced-Circulation Free-Delivery Unit Coolers for Refrigeration,'' 
Copyright 2008, IBR approved for appendix C to subpart R of part 431.
* * * * *
    (c) ASHRAE. The American Society of Heating, Refrigerating, and 
Air-Conditioning Engineers, Inc., 1971 Tullie Circle NE., Atlanta, GA 
30329, or http://www.ashrae.org/.
    (1) ANSI/ASHRAE Standard 23.1-2010, (``ASHRAE 23.1-2010''), 
``Methods of Testing for Rating the Performance of Positive 
Displacement Refrigerant Compressors and Condensing Units that Operate 
at Subcritical Temperatures of the Refrigerant,'' Copyright 2010, IBR 
approved for appendix C to subpart R of part 431.
    (2) [Reserved].
* * * * *
0
8. Section 431.304 is amended by revising paragraph (b) and removing 
paragraph (c) to read as follows:


Sec.  431.304  Uniform test method for the measurement of energy 
consumption of walk-in coolers and walk-in freezers.

* * * * *
    (b) Determine the energy efficiency and/or energy consumption of 
the specified walk-in cooler and walk-in freezer components by 
conducting the appropriate test procedure as follows:
    (1) Determine the U-factor, conduction load, and energy use of 
walk-in cooler and walk-in freezer display panels by conducting the 
test procedure set forth in appendix A to this subpart.
    (2) Determine the energy use of walk-in cooler and walk-in freezer 
display doors and non-display doors by conducting the test procedure 
set forth in appendix A to this subpart.
    (3) Determine the R-value of walk-in cooler and walk-in freezer 
non-display panels and non-display doors by conducting the test 
procedure set forth in appendix B to this subpart.
    (4) Determine the AWEF and net capacity of walk-in cooler and walk-
in freezer refrigeration systems by conducting the test procedure set 
forth in appendix C to this subpart.
0
9. Section 431.305 is added to read as follows:


Sec.  431.305  Walk-in coolers and walk-in freezers labeling 
requirements.

    (a) Panel nameplate--(1) Required information. The permanent 
nameplate of a walk-in cooler or walk-in freezer panel for which 
standards are prescribed in Sec.  431.306 must be marked clearly with 
the following information:
    (i) The rated R-value;
    (ii) The panel brand;
    (iii) The panel model number;
    (iv) The date of manufacture of the panel; and
    (v) The statement, ``This panel is designed and certified for use 
in walk-in cooler and freezer applications.''
    (2) Display of required information. All orientation, spacing, type 
sizes, typefaces, and line widths to display this required information 
must be the same as or similar to the display of the other performance 
data included on the panel's permanent nameplate. The R-value, as 
appropriate to a given panel model, must be identified in the form ``R-
value __.'' The model number must be in one of the following forms: 
``Model __'' or ``Model number __'' or ``Model No. __.''
    (b) Door nameplate--(1) Required information. The permanent 
nameplate of a walk-in cooler or walk-in freezer door for which 
standards are prescribed in Sec.  431.306 must be marked clearly with 
the following information:
    (i) The rated energy consumption;
    (ii) The door brand;
    (iii) The door model number;
    (iv) The date of manufacture of the door; and
    (v) The statement, ``This door is designed and certified for use in 
walk-in cooler and freezer applications.''
    (2) Display of required information. All orientation, spacing, type 
sizes, typefaces, and line widths to display this required information 
must be the same as or similar to the display of the other performance 
data included on the door's permanent nameplate. The energy 
consumption, as appropriate to a given door model, must be identified 
in the form ``EC __.'' The model number must be in one of the following 
forms: ``Model __'' or ``Model number __'' or ``Model No. __.''
    (c) Refrigeration system nameplate--(1) Required information. The 
permanent nameplate of a walk-in cooler or walk-in freezer 
refrigeration system for which standards are

[[Page 54955]]

prescribed in Sec.  431.306 must be marked clearly with the following 
information:
    (i) The annual walk-in energy factor;
    (ii) The refrigeration system brand;
    (iii) The refrigeration system model number;
    (iv) The date of manufacture of the refrigeration system; and
    (v) The statement, ``This refrigeration system is designed and 
certified for use in walk-in cooler and freezer applications.''
    (2) Process cooling refrigeration systems. The permanent nameplate 
of a process cooling refrigeration system (as defined in Sec.  431.302) 
must be marked clearly with the following information:
    (i) The refrigeration system brand;
    (ii) The refrigeration system model number;
    (iii) The date of manufacture of the refrigeration system; and
    (iv) The statement, ``This refrigeration system is designed only 
for use in walk-in cooler and freezer process cooling refrigeration 
applications.''
    (2) Display of required information. All orientation, spacing, type 
sizes, typefaces, and line widths to display this required information 
must be the same as or similar to the display of the other performance 
data included on the refrigeration system's permanent nameplate. The 
annual walk-in energy factor, as appropriate to a given refrigeration 
system model, must be identified in the form ``AWEF __.'' The model 
number must be in one of the following forms: ``Model __'' or ``Model 
number __'' or ``Model No. __.''
    (d) Disclosure of efficiency information in marketing materials. 
(1) The same information that must appear on a walk-in cooler or walk-
in freezer component's permanent nameplate pursuant to paragraph (a)(1) 
of this section, must also be prominently displayed:
    (i) On each page of a catalog that lists the component; and
    (ii) In other materials used to market the component.
0
10. Appendix A to subpart R of part 431 is amended by:
0
a. Removing and reserving sections 3.2 and 3.3;
0
b. Revising section 3.4;
0
c. Redesignating sections 3.5 and 3.6 as sections 3.6 and 3.7.
0
d. Adding new section 3.5;
0
e. Revising newly redesignated section 3.6; and
0
f. Revising Table A.1.
    The revisions and additions read as follows:

Appendix A to Subpart R of Part 431--Uniform Test Method for the 
Measurement of Energy Consumption of the Components of Envelopes of 
Walk-In Coolers and Walk-In Freezers

* * * * *
    3.2 [Reserved]
    3.3 [Reserved]
    3.4 Surface area means the area of the surface of the walk-in 
component that would be external to the walk-in cooler or walk-in 
freezer as appropriate.
    3.5 Rated power means the electricity consuming device's power 
as specified on the device's nameplate. If the device does not have 
a nameplate or such nameplate does not list the device's power, then 
the rated power must be read from the device's product data sheet.
    3.6 Rating conditions means, unless explicitly stated otherwise, 
all conditions shown in Table A.1 of this section.

                    Table A.1--Temperature Conditions
------------------------------------------------------------------------
 
------------------------------------------------------------------------
        Internal Temperatures (cooled space within the envelope)
------------------------------------------------------------------------
Cooler Dry Bulb Temperature................  35 [deg]F.
Freezer Dry Bulb Temperature...............  -10 [deg]F.
------------------------------------------------------------------------
         External Temperatures (space external to the envelope)
------------------------------------------------------------------------
Freezer and Cooler Dry Bulb Temperatures...  75 [deg]F.
------------------------------------------------------------------------

* * * * *
0
11. Adding appendices B and C to subpart R of part 431 to read as 
follows:

Appendix B to Subpart R of Part 431--Uniform Test Method for the 
Measurement of R-Value for Envelope Components of Walk-In Coolers and 
Walk-in Freezers

1.0 Scope

    This appendix covers the test requirements used to measure the 
R-value of non-display panels and non-display doors of a walk-in 
cooler or walk-in freezer.

2.0 Definitions

    The definitions contained in Sec.  431.302 apply to this 
appendix.

3.0 Additional Definitions

    3.1 Edge region means a region of the panel that is wide enough 
to encompass any framing members. If the panel contains framing 
members (e.g. a wood frame) then the width of the edge region must 
be as wide as any framing member plus an additional 2 in. 0.25 in.

4.0 Test Methods, Measurements, and Calculations

    4.1 The R value shall be the 1/K factor multiplied by the 
thickness of the panel.
    4.2 The K factor shall be based on ASTM C518 (incorporated by 
reference; see Sec.  431.303).
    4.3 For calculating the R value for freezers, the K factor of 
the foam at 20 1 degrees Fahrenheit (average foam 
temperature) shall be used. Test results from a test sample 1 0.1-inches in thickness may be used to determine the R value 
of panels with various foam thickness as long as the foam is of the 
same final chemical form.
    4.4 For calculating the R value for coolers, the K factor of the 
foam at 55 1 degrees Fahrenheit (average foam 
temperature) shall be used. Test results from a test sample 1 0.1-inches in thickness may be used to determine the R value 
of panels with various foam thickness as long as the foam is of the 
same final chemical form.
    4.5 Foam shall be tested after it is produced in its final 
chemical form. For foam produced inside of a panel (``foam-in-
place''), ``final chemical form'' means the foam is cured as 
intended and ready for use as a finished panel. For foam produced as 
board stock (typically polystyrene), ``final chemical form'' means 
after extrusion and ready for assembly into a panel or after 
assembly into a panel. Foam from foam-in-place panels must not 
include any structural members or non-foam materials. Foam produced 
as board stock may be tested prior to its incorporation into a final 
panel. A test sample 1 0.1-inches in thickness must be 
taken from the center of a panel and any protective skins or facers 
must be removed. A high-speed band-saw and a meat slicer are two 
types of recommended cutting tools. Hot wire cutters or other heated 
tools must not be used for cutting foam test samples. The two 
surfaces of the test sample that will contact the hot plate 
assemblies (as defined in ASTM C518 (incorporated by reference, see 
Sec.  431.303)) must both maintain 0.03 inches flatness 
tolerance and also maintain parallelism with respect to one another 
within 0.03 inches. Testing must be completed within 24 
hours of samples being cut for testing.
    4.6 Internal non-foam member and/or edge regions shall not be 
considered when testing in accordance with ASTM C518.
    4.7 For panels consisting of two or more layers of dissimilar 
insulating materials (excluding facers or protective skins), test 
each material as described in sections 4.1 through 4.6 of this 
appendix. For a panel

[[Page 54956]]

with N layers of insulating material, the overall R-Value shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP17AU16.007

Where:

ki is the k factor of the ith material as measured by 
ASTM C518, (incorporated by reference, see Sec.  431.303)
ti is the thickness of the ith material that appears in 
the panel, and
N is the total number of material layers that appears in the panel.

Appendix C to Subpart R of Part 431--Uniform Test Method for the 
Measurement of Net Capacity and AWEF of Walk-In Coolers and Walk-in 
Freezer Refrigeration Systems

1.0 Scope

    This appendix covers the test requirements used to determine the 
net capacity and the AWEF of the refrigeration system of a walk-in 
cooler or walk-in freezer.

2.0 Definitions

    The definitions contained in Sec.  431.302 and AHRI 1250-2009 
(incorporated by reference; see Sec.  431.303) apply to this 
appendix. When definitions in standards incorporated by reference 
are in conflict or when they are in conflict with this section, the 
hierarchy of precedence shall be in the following order: Sec.  
431.302, AHRI 1250-2009 (incorporated by reference; see Sec.  
431.303), and then either AHRI 420-2008 (incorporated by reference; 
see Sec.  431.303) for unit coolers or ASHRAE 23.1-2010 
(incorporated by reference; see Sec.  431.303) for dedicated 
condensing units.

3.0 Test Methods, Measurements, and Calculations

    Determine the Annual Walk-in Energy Factor (AWEF) and net 
capacity of walk-in cooler and walk-in freezer refrigeration systems 
by conducting the test procedure set forth in AHRI 1250-2009 
(incorporated by reference; see Sec.  431.303), with the 
modifications to that test procedure provided in this section. When 
standards that are incorporated by reference are in conflict or when 
they are in conflict with this section, the hierarchy of precedence 
shall be in the following order: Sec.  431.302, AHRI 1250-2009 
(incorporated by reference; see Sec.  431.303), and then either AHRI 
420-2008 (incorporated by reference; see Sec.  431.303) or ASHRAE 
23.1-2010 (incorporated by reference; see Sec.  431.303).
    3.1. General modifications: Test Conditions and Tolerances.
    When conducting testing in accordance with AHRI 1250-2009 
(incorporated by reference; see Sec.  431.303), the following 
modifications must be made.
    3.1.1. In Table 1, Instrumentation Accuracy, refrigerant 
temperature measurements shall have a tolerance of 0.5 F 
for unit cooler in/out, 1.0 F for all other temperature 
measurements.
    3.1.2. In Table 2, Test Operating and Test Condition Tolerances 
for Steady-State Test, electrical power frequency shall have a Test 
Condition Tolerance of 1 percent.
    3.1.3. In Table 2, the Test Operating Tolerances and Test 
Condition Tolerances for Air Leaving Temperatures shall be deleted.
    3.1.4. In Tables 2 through 14, the Test Condition Outdoor Wet 
Bulb Temperature requirement and its associated tolerance apply only 
to units with evaporative cooling.
    3.1.5. Tables 15 and 16 shall be modified to read as follows:

                                                           Table 15--Refrigerator Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Unit cooler  Unit cooler                  Liquid       Liquid
                                      air          air       Saturated      inlet        inlet
        Test description            entering     entering     suction     saturation   subcooling         Compressor capacity          Test  objective
                                   dry-bulb,     relative      temp,        temp,        temp,
                                     [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power.............           35          <50  ...........  ...........  ...........  Compressor Off..................  Measure fan input
                                                                                                                                      power during
                                                                                                                                      compressor off
                                                                                                                                      cycle.
Refrigeration Capacity Suction A           35          <50           25          105            9  Compressor On...................  Determine Net
                                                                                                                                      Refrigeration
                                                                                                                                      Capacity of Unit
                                                                                                                                      Cooler.
Refrigeration Capacity Suction B           35          <50           20          105            9  Compressor On...................  Determine Net
                                                                                                                                      Refrigeration
                                                                                                                                      Capacity of Unit
                                                                                                                                      Cooler.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.


                                                              Table 16--Freezer Unit Cooler
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Unit cooler  Unit cooler                  Liquid       Liquid
                                      air          air       Saturated      inlet        inlet
        Test description            entering     entering     suction     saturation   subcooling         Compressor capacity           Test objective
                                   dry-bulb,     relative      temp,        temp,        temp,
                                     [deg]F    humidity, %     [deg]F       [deg]F       [deg]F
--------------------------------------------------------------------------------------------------------------------------------------------------------
Off Cycle Fan Power.............          -10          <50  ...........  ...........  ...........  Compressor Off..................  Measure fan input
                                                                                                                                      power during
                                                                                                                                      compressor off
                                                                                                                                      cycle.
Refrigeration Capacity Suction A          -10          <50          -20          105            9  Compressor On...................  Determine Net
                                                                                                                                      Refrigeration
                                                                                                                                      Capacity of Unit
                                                                                                                                      Cooler.
Refrigeration Capacity Suction B          -10          <50          -26          105            9  Compressor On...................  Determine Net
                                                                                                                                      Refrigeration
                                                                                                                                      Capacity of Unit
                                                                                                                                      Cooler.
Defrost.........................          -10      Various  ...........  ...........  ...........  Compressor Off..................  Test according to
                                                                                                                                      Appendix C Section
                                                                                                                                      C11.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a default
  superheat value of 6.5 [deg]F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.


[[Page 54957]]

    3.2. General Modifications: Methods of Testing.
    When conducting testing in accordance with appendix C of AHRI 
1250-2009 (incorporated by reference; see Sec.  431.303), the 
following modifications must be made.
    3.2.1. In appendix C, section C3.1.6, any refrigerant 
temperature measurements upstream and downstream of the unit cooler 
may use sheathed sensors immersed in the flowing refrigerant instead 
of thermometer wells.
    3.2.2. It is not necessary to perform composition analysis of 
refrigerant (appendix C, section C3.3.6) or refrigerant oil 
concentration testing (appendix C, section C3.4.6).
    3.2.3. In appendix C, section C3.4.5, for verification of sub-
cooling downstream of mass flow meters, only the sight glass and a 
temperature sensor located on the tube surface under the insulation 
are required.
    3.2.4. In appendix C, section C3.5, regarding unit cooler fan 
power measurements, for a given motor winding configuration, the 
total power input shall be measured at the highest nameplate 
voltage. For three-phase power, voltage imbalances shall be no more 
than 2 percent from phase to phase.
    3.2.5. In the test setup (appendix C, section C8.3), the liquid 
line and suction line shall be constructed of pipes of the 
manufacturer-specified size. The pipe lines shall be insulated with 
a minimum total thermal resistance equivalent to \1/2\-inch thick 
insulation having a flat-surface R-Value of 3.7 ft\2\-[deg]F-hr/Btu 
per inch or greater. Flow meters need not be insulated but must not 
be in contact with the floor. The lengths of the connected liquid 
line and suction line shall be 25 feet +/-3 inches, not including 
the requisite flow meters, each. Of this length, no more than 15 
feet shall be in the conditioned space. Where there are multiple 
branches of piping, the maximum length of piping applies to each 
branch individually as opposed to the total length of the piping.
    3.3. Matched systems, packaged dedicated systems, and unit 
coolers tested alone: Use the test method in AHRI 1250-2009 
(incorporated by reference; see Sec.  431.303), appendix C as the 
method of test for matched refrigeration systems, packaged dedicated 
systems, or unit coolers tested alone, with the following 
modifications:
    3.3.1. For unit coolers tested alone, use test procedures 
described in AHRI 1250-2009 (incorporated by reference; see Sec.  
431.303) for testing unit coolers for use in mix-match system 
ratings, except that for the test conditions in Tables 15 and 16, 
use the Suction A saturation condition test points only. Also for 
unit coolers tested alone, use calculations in section 7.9 to 
determine AWEF and net capacity described in AHRI 1250-2009 
(incorporated by reference; see Sec.  431.303) for unit coolers 
matched to parallel rack systems.
    3.3.2. In appendix C, section C.13, the version of AHRI Standard 
420 used for test methods, requirements, and procedures shall be 
ANSI/AHRI 420-2008 (incorporated by reference; see Sec.  431.303).
    3.3.3. Use appendix C, section C10 of AHRI 1250-2009 for off-
cycle evaporator fan testing, with the exception that evaporator fan 
controls using periodic stir cycles shall be adjusted so that the 
greater of a 50% duty cycle (rather than a 25% duty cycle) or the 
manufacturer default is used for measuring off-cycle fan energy. For 
variable-speed controls, the greater of 50% fan speed (rather than 
25% fan speed) or the manufacturer's default fan speed shall be used 
for measuring off-cycle fan energy.
    3.3.4. Use appendix C, section C11 of AHRI 1250-2009 for defrost 
testing. The Frost Load Condition Defrost Test (C11.1.1) is 
optional.
    3.3.4.1. If the frost load condition defrost test is performed:
    3.3.4.1.1 Operate the unit cooler at the dry coil conditions as 
specified in appendix C, section C11.1 to obtain dry coil defrost 
energy, DFd, in W-h.
    3.3.4.1.2 Operate the unit cooler at the frost load conditions 
as specified in appendix C, sections C11.1 and C11.1.1 to obtain 
frosted coil defrost energy, DFf, in W-h.
    3.3.4.1.3 The number of defrosts per day, NDF, shall 
be calculated from the time interval between successive defrosts at 
the frost load conditions.
    3.3.4.1.4 Use appendix C, equations C13 and C14 in section C11.3 
to calculate, respectively, the daily average defrost energy, DF, in 
W-h and the daily contribution of the load attributed to defrost 
QDF in Btu.
    3.3.4.1.5 The defrost adequacy requirements in appendix C, 
section C11.3 shall apply.
    3.3.4.2. If the frost load test is not performed:
    3.3.4.2.1 Operate the unit cooler at the dry coil conditions as 
specified in appendix C, section C11.1 to obtain dry coil defrost 
energy, DFd, in W-h.
    3.3.4.2.2 The frost load defrost energy, DFf, in W-h 
shall be equal to 1.05 multiplied by the dry coil energy 
consumption, DFd, measured using the dry coil condition 
test in appendix C, section C11.1.
    3.3.4.2.3 The number of defrosts per day NDF used in 
subsequent calculations shall be 4.
    3.3.4.2.4 Use appendix C, equation C13 in section C11.3 to 
calculate the daily average defrost energy, DF, in W-h.
    3.3.4.2.5 The daily contribution of the load attributed to 
defrost QDF in Btu shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP17AU16.008

Where:

DFd = the defrost energy, in W-h, measured at the dry 
coil condition

    3.3.5. If a unit has adaptive defrost:
    3.3.5.1. When testing to certify to the energy conservation 
standards in 10 CFR 431.306, do not perform the optional test for 
adaptive or demand defrost in appendix C, section C11.2.
    3.3.5.2. When determining the represented value of the 
calculated benefit for the inclusion of adaptive defrost, conduct 
the optional test for adaptive or demand defrost in appendix C, 
section C11.2 to establish the maximum time interval allowed between 
dry coil defrosts. Then, calculate NDF (the number of 
defrosts per day) by averaging the measured time in hours between 
successive defrosts for the dry coil condition with the time in 
hours between successive defrosts for the frosted coil condition, 
and dividing 24 by this average time. The measured time between 
defrosts cannot be greater than 24 hours. (The time between 
successive defrosts for the frosted coil condition is found as 
specified in section 3.3.4 of this appendix: that is, if the 
optional frosted coil test was performed, the time between 
successive defrosts for the frosted coil condition is found by 
performing the frosted coil test as specified in section 3.3.4.1; 
and if the optional frosted coil test was not performed, the time 
between successive defrosts for the frosted coil condition shall be 
set to 4 as specified in section 3.3.4.2.) Use this new value of 
NDF in subsequent calculations.
    3.3.6. For matched refrigeration systems, calculate the AWEF 
using the calculations in AHRI 1250-2009 (incorporated by reference; 
see Sec.  431.303), section 7.4, 7.5, 7.6, or 7.7, as applicable. In 
section 7.6, use the following equations in place of equations 67 
and 83, respectively:

[[Page 54958]]

[GRAPHIC] [TIFF OMITTED] TP17AU16.009

[GRAPHIC] [TIFF OMITTED] TP17AU16.010

    3.3.7. For unit coolers tested alone, calculate the AWEF and net 
capacity using the calculations in AHRI 1250-2009, (incorporated by 
reference; see Sec.  431.303), section 7.9. If the unit cooler has 
variable-speed evaporator fans that vary fan speed in response to 
load, then:
    3.3.7.1. When testing to certify compliance with the energy 
conservation standards in Sec.  431.306, fans shall operate at full 
speed during on-cycle operation. Do not conduct the calculations in 
AHRI 1250-2009 section 7.9.3. Instead, use AHRI 1250-2009 section 
7.9.2 to determine the system's AWEF.
    3.3.7.2. When calculating the benefit for the inclusion of 
variable-speed evaporator fans that modulate fan speed in response 
to load for the purposes of making representations of efficiency, 
use AHRI 1250-2009 section 7.9.3 to determine the system AWEF.
    3.4. Dedicated condensing units that are not matched for testing 
and are not packaged dedicated systems.
    3.4.1. Refer to appendix C, section C.12 of AHRI 1250-2009 
(incorporated by reference; see Sec.  431.303), for the method of 
test for dedicated condensing units. The version of ASHRAE Standard 
23 used for test methods, requirements, and procedures shall be 
ANSI/ASHRAE Standard 23.1-2010 (incorporated by reference; see Sec.  
431.303). When applying this test method, use the applicable test 
method modifications listed in sections 3.1 and 3.2 of this 
appendix. For the test conditions in AHRI 1250-2009 Tables 11, 12, 
13, and 14, use the Suction A condition test points only.
    3.4.2. Calculate the AWEF and net capacity for dedicated 
condensing units using the calculations in AHRI 1250-2009 
(incorporated by reference; see 10 CFR 431.303) section 7.8. Use the 
following modifications to the calculations in lieu of unit cooler 
test data:
    3.4.2.1. For purposes of calculating enthalpy leaving the unit 
cooler as part of the calculating gross capacity, the saturated 
refrigerant temperature at the evaporator coil exit, 
Tevap, shall be 25[emsp14][deg]F for medium-temperature 
systems (coolers) and -20[emsp14][deg]F for low-temperature systems 
(freezers).
    3.4.2.2. The on-cycle evaporator fan power in watts, 
EFcomp,on, shall be calculated as follows:

For medium-temperature systems (coolers), EFcomp,on = 
0.013 x qmix,cd
For low-temperature systems (freezers), EFcomp,on = 0.016 
x qmix,cd

Where:

qmix,cd is the gross cooling capacity of the system in 
Btu/h, found by a single test at the Capacity A, Suction A condition 
for outdoor units and the Suction A condition for indoor units.

    3.4.2.3. The off-cycle evaporator fan power in watts, 
EFcomp,off, shall be calculated as follows:

EFcomp,off = 0.2 x EFcomp,on

Where:

EFcomp,on is the on-cycle evaporator fan power in watts.

    3.4.2.4. The daily defrost energy use in watt-hours, DF, shall 
be calculated as follows:
For medium-temperature systems (coolers), DF = 0
For low-temperature systems (freezers), DF = 8.5 x 10-\3\ 
x qmix,cd\1.27\ x NDF

Where:

qmix,cd is the gross cooling capacity of the system in 
Btu/h, found by a single test at the Capacity A, Suction A condition 
for outdoor units and the Suction A condition for indoor units, and
NDF is the number of defrosts per day, equal to 4.

    3.4.2.5. The daily defrost heat load contribution in Btu, 
QDF, shall be calculated as follows:

For medium-temperature systems (coolers), QDF = 0
For low-temperature systems (freezers), QDF = 0.95 x DF x 
3.412

Where:

DF is the daily defrost energy use in watt-hours.

[FR Doc. 2016-19104 Filed 8-16-16; 8:45 am]
BILLING CODE 6450-01-P



                                                     54926               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     DEPARTMENT OF ENERGY                                    submitted using any of the following                     Telephone: (202) 586–8145. Email:
                                                                                                             methods:                                                 Michael.Kido@hq.doe.gov.
                                                     10 CFR Parts 429 and 431                                   (1) Federal eRulemaking Portal:                       For further information on how to
                                                                                                             www.regulations.gov. Follow the                       submit a comment, review other public
                                                     [Docket No. EERE–2016–BT–TP–0030]                       instructions for submitting comments.                 comments and the docket, or participate
                                                                                                                (2) Email: WICF2016TP0030@                         in the public meeting, contact the
                                                     RIN 1904–AD72
                                                                                                             ee.doe.gov. Include the docket number                 Appliance and Equipment Standards
                                                     Energy Conservation Program: Test                       and/or RIN in the subject line of the                 Program staff at (202) 586–6636 or by
                                                     Procedure for Walk-in Coolers and                       message.                                              email: WICF2016TP0030@ee.doe.gov.
                                                     Walk-in Freezers                                           (3) Mail: Appliance and Equipment                  SUPPLEMENTARY INFORMATION: DOE
                                                                                                             Standards Program, U.S. Department of                 proposes to incorporate by reference the
                                                     AGENCY: Office of Energy Efficiency and                 Energy, Building Technologies Office,                 following industry standards into 10
                                                     Renewable Energy, Department of                         Mailstop EE–5B, 1000 Independence                     CFR part 431:
                                                     Energy.                                                 Avenue SW., Washington, DC 20585–                        (1) AHRI Standard 420–2008 (‘‘AHRI
                                                     ACTION: Notice of proposed rulemaking                   0121. If possible, please submit all items            420–2008’’), ‘‘Performance Rating of
                                                     and announcement of public meeting.                     on a compact disc (CD), in which case                 Forced-Circulation Free-Delivery Unit
                                                                                                             it is not necessary to include printed                Coolers for Refrigeration,’’ approved
                                                     SUMMARY:   This document proposes                       copies.                                               2008.
                                                     amending the test procedure for certain                    (4) Hand Delivery/Courier: Appliance                  (2) AHRI Standard 1250–2009 (‘‘AHRI
                                                     walk-in cooler and freezer components                   and Equipment Standards Program, U.S.                 1250–2009’’), ‘‘Standard for
                                                     by improving the procedure’s clarity,                   Department of Energy, Building                        Performance Rating of Walk-in Coolers
                                                     updating related certification and                      Technologies Office, 950 L’Enfant Plaza               and Freezers,’’ approved 2009.
                                                     enforcement provisions to address the                   SW., 6th Floor, Washington, DC 20024.                    (3) ASHRAE Standard 23.1–2010
                                                     performance-based energy conservation                   Telephone: (202) 586–6636. If possible,               (‘‘ASHRAE 23.1–2010’’), ‘‘Methods of
                                                     standards for walk-in cooler and freezer                please submit all items on a CD, in                   Testing for Rating the Performance of
                                                     equipment, and establishing labeling                    which case it is not necessary to include             Positive Displacement Refrigerant
                                                     requirements to aid manufacturers in                    printed copies.                                       Compressors and Condensing Units that
                                                     determining which components would                         For detailed instructions on                       Operate at Subcritical Temperatures of
                                                     be considered for compliance purposes                   submitting comments and additional                    the Refrigerant,’’ approved 2010.
                                                     as intended for walk-in cooler and                      information on the rulemaking process,                   (4) ASTM C518–04 (‘‘ASTM C518’’),
                                                     freezer applications. The proposed                      see section V of this document (Public                Standard Test Method for Steady-State
                                                     amendments consist of certain walk-in                   Participation).                                       Thermal Transmission Properties by
                                                     cooler and freezer refrigeration system-                DOCKET: The docket, which includes                    Means of the Heat Flow Meter
                                                     specific provisions, including product-                 Federal Register notices, public meeting              Apparatus, approved May 1, 2004.
                                                     specific definitions, removal of the test               attendee lists and transcripts,                          Copies of AHRI Standard 420–2008
                                                     method for systems with hot gas defrost,                comments, and other supporting                        and AHRI Standard 1250–2009 may be
                                                     and a method to accommodate                             documents/materials, is available for                 purchased from AHRI at 2111 Wilson
                                                     refrigeration equipment that use                        review at www.regulations.gov. All                    Boulevard, Suite 500, Arlington, VA
                                                     adaptive defrost and on-cycle variable-                 documents in the docket are listed in                 22201, or by going to http://
                                                     speed evaporator fan control.                           the www.regulations.gov index.                        www.ahrinet.org.
                                                     DATES: Comments: DOE will accept                        However, some documents listed in the                    Copies of ASHRAE 23.1–2010 may be
                                                     comments, data, and information                         index, such as those containing                       purchased from ASHRAE at 1971 Tullie
                                                     regarding this notice of proposed                       information that is exempt from public                Circle NE., Atlanta, GA 30329, or by
                                                     rulemaking (NOPR) before and after the                  disclosure, may not be publicly                       going to http://www.ashrae.org.
                                                     public meeting, but no later than                       available.                                               Copies of ASTM C518 may be
                                                     October 17, 2016. See section V, ‘‘Public                  The docket Web page can be found at                obtained from the American Society for
                                                     Participation,’’ for details.                           http://www.regulations.gov/                           Testing and Materials, 100 Barr Harbor
                                                        DOE will hold a public meeting on                    #!docketDetail;D=EERE-2016-BT-TP-                     Drive, West Conshohocken, PA 19428–
                                                     Monday, September 12, 2016, from 9:30                   0030. The docket Web page will contain                2959, (610) 832–9500, or http://
                                                     a.m. to 12:30 p.m., in Washington, DC.                  simple instructions on how to access all              www.astm.org.
                                                     The meeting will also be broadcast as a                 documents, including public comments,                    See section IV.M for a further
                                                     webinar. See section V, ‘‘Public                        in the docket. See section V for                      discussion of these standards.
                                                     Participation,’’ for webinar registration               information on how to submit                          Table of Contents
                                                     information, participant instructions,                  comments through
                                                     and information about the capabilities                  www.regulations.gov.                                  I. Authority and Background
                                                     available to webinar participants.                                                                               A. Authority
                                                                                                             FOR FURTHER INFORMATION CONTACT:                         B. Background
                                                     ADDRESSES: The public meeting will be                   Ms. Ashley Armstrong, U.S. Department                 II. Synopsis of the Notice of Proposed
                                                     held at the U.S. Department of Energy,                   of Energy, Office of Energy Efficiency                     Rulemaking
                                                     Forrestal Building, Room 4A–104, 1000                    and Renewable Energy, Building                       III. Discussion
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                                                     Independence Avenue SW.,                                 Technologies Office, EE–2J, 1000                        A. Actions in Response to ASRAC
                                                     Washington, DC 20585.                                    Independence Avenue SW.,                                   Negotiated Terms
                                                        Any comments submitted must                           Washington, DC 20585–0121.                              1. Definitions
                                                     identify the Test Procedure NOPR for                                                                             2. Refrigeration System Test Procedure
                                                                                                              Telephone: (202) 586–6590. Email:
                                                                                                                                                                         Modifications
                                                     Walk-in Coolers and Walk-in Freezers,                    Ashey.Armstrong@ee.doe.gov.                             B. Actions to Facilitate Implementation of
                                                     and provide docket number EERE–                         Mr. Michael Kido, U.S. Department of                        Energy Conservation Standards
                                                     2016–BT–TP–0030 and/or regulatory                        Energy, Office of the General Counsel,                  1. Re-organization and Clarification of the
                                                     information number (RIN) number                          GC–33, 1000 Independence Avenue                            Test Procedure for Walk-in Refrigeration
                                                     1904–AD72. Comments may be                               SW., Washington, DC 20585–0121.                            Systems, Doors, and Panels



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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                           54927

                                                       2. Representation Requirements                        procedures and certification                             If adopted, manufacturers would be
                                                       3. Certification and Compliance                       requirements for walk-ins and relevant                required to use the proposed test
                                                          Requirements                                       background information regarding                      procedure and metric when making
                                                       4. Enforcement Provisions
                                                                                                             DOE’s consideration of test procedures                representations regarding the energy use
                                                       5. Labeling Requirements
                                                       C. Compliance With Other EPCA                         and certification requirements for this               of covered equipment 180 days after the
                                                          Requirements                                       equipment.                                            publication date of any final rule for
                                                       1. Test Burden                                                                                              those walk-in cooler and walk-in
                                                       2. Changes in Measured Energy Use
                                                                                                             A. Authority                                          freezers that are addressed by the test
                                                       3. Cost and Burden Impact on WICF                        Title III, Part C 1 of the Energy Policy           procedure. (42 U.S.C. 6314(d))
                                                          Manufacturers                                      and Conservation Act of 1975 (‘‘EPCA’’                   DOE anticipates proposing amended
                                                     IV. Procedural Issues and Regulatory Review                                                                   energy conservation standards for
                                                                                                             or, in context, ‘‘the Act’’), Public Law
                                                       A. Review Under Executive Order 12866                                                                       certain classes of refrigeration systems
                                                       B. Review Under the Regulatory Flexibility            94–163 (codified as 42 U.S.C. 6311–
                                                          Act                                                6317, as codified) established the                    for walk-ins in a separate rulemaking.
                                                       1. Description and Estimated Number of                Energy Conservation Program for                       See Docket No. EERE–2015–BT–STD–
                                                          Small Businesses Regulated                         Certain Industrial Equipment, a program               0016.
                                                       2. Description and Estimate of Compliance             covering certain industrial equipment,                B. Background
                                                          Requirements                                       including walk-ins, the subject of this
                                                       3. Duplication, Overlap, and Conflict With            document. (42 U.S.C. 6311(1)(G))                         Section 312 of the Energy
                                                          Other Rules and Regulations                                                                              Independence and Security Act of 2007,
                                                       4. Significant Alternatives to the Rule                  In general, this program addresses the
                                                                                                                                                                   Public Law 110–140 (December 19,
                                                       C. Review Under the Paperwork Reduction               energy efficiency of certain types of
                                                                                                                                                                   2007), required DOE to establish test
                                                          Act of 1995                                        commercial and industrial equipment.                  procedures to measure the energy use of
                                                       D. Review Under the National                          Relevant provisions of the Act
                                                          Environmental Policy Act of 1969                                                                         walk-in coolers and walk-in freezers. On
                                                                                                             specifically include definitions (42                  April 15, 2011, DOE published test
                                                       E. Review Under Executive Order 13132                 U.S.C. 6311), energy conservation
                                                       F. Review Under Executive Order 12988                                                                       procedures for the principal
                                                       G. Review Under the Unfunded Mandates
                                                                                                             standards (42 U.S.C. 6313), test                      components that make up a walk-in:
                                                          Reform Act of 1995                                 procedures (42 U.S.C. 6314), labelling                The panels, doors, and refrigeration
                                                       H. Review Under the Treasury and General              provisions (42 U.S.C. 6315), and the                  systems. DOE took this component-
                                                          Government Appropriations Act, 1999                authority to require information and                  based testing approach based on a
                                                       I. Review Under Executive Order 12630                 reports from manufacturers (42 U.S.C.                 significant body of feedback from
                                                       J. Review Under Treasury and General                  6316). Manufacturers of covered
                                                          Government Appropriations Act, 2001                                                                      interested parties that requiring a single
                                                                                                             equipment must use the prescribed DOE                 test procedure for an entire walk-in
                                                       K. Review Under Executive Order 13211                 test procedure as the basis for making
                                                       L. Review Under Section 32 of the Federal                                                                   would be impractical because most
                                                          Energy Administration Act of 1974                  representations to the public regarding               walk-ins are assembled on-site with
                                                       M. Description of Materials Incorporated              the energy use or efficiency of such                  components from different
                                                          by Reference                                       equipment. (42 U.S.C. 6314(d))                        manufacturers. 76 FR 21580, 21582
                                                     V. Public Participation                                    Under 42 U.S.C. 6293, EPCA sets forth              (April 15, 2011).
                                                       A. Attendance at Public Meeting                       the criteria and procedures DOE must                     On February 20, 2014, DOE initiated
                                                       B. Procedure for Submitting Prepared                  follow when prescribing or amending                   another test procedure rulemaking for
                                                          General Statements for Distribution                test procedures for covered products.
                                                       C. Conduct of Public Meeting
                                                                                                                                                                   walk-ins to clarify and modify the test
                                                       D. Submission of Comments
                                                                                                             EPCA provides in relevant part that any               procedures published in April 2011.
                                                       E. Issues on Which DOE Seeks Comment                  test procedures prescribed or amended                 DOE also proposed to revise the existing
                                                     VI. Approval of the Office of the Secretary             under this section shall be reasonably                regulations for walk-ins to allow
                                                                                                             designed to produce test results which                manufacturers to use an alternative
                                                     I. Authority and Background                             measure energy efficiency, energy use or              efficiency determination method
                                                        Walk-in coolers and walk-in freezers                 estimated annual operating cost of a                  (‘‘AEDM’’) to certify compliance and
                                                     (collectively, ‘‘walk-ins’’ or ‘‘WICFs’’)               covered product during a representative               report ratings, after meeting certain
                                                     are included in the list of ‘‘covered                   average use cycle or period of use and                qualifications. DOE published a
                                                     equipment’’ for which the U.S.                          shall not be unduly burdensome to                     supplemental notice of proposed
                                                     Department of Energy (‘‘DOE’’ or ‘‘the                  conduct. See 42 U.S.C. 6293(b)(3) and                 rulemaking (‘‘SNOPR) on February 20,
                                                     Department’’) is authorized to establish                42 U.S.C. 6316(a) (applying 42 U.S.C.                 2014, soliciting public comments, data,
                                                     and amend energy conservation                           6293 to walk-ins).                                    and information on the test procedure
                                                     standards and test procedures. (42                         In addition, if DOE determines that a              modifications. 79 FR 9818. DOE
                                                     U.S.C. 6311(1)(G)) A walk-in is defined                 test procedure amendment is warranted,                published a final rule codifying the test
                                                     as an enclosed storage space of less than               it must publish proposed test                         procedure and AEDM provisions for
                                                     3,000 square feet that can be walked                    procedures and offer the public an                    walk-ins on May 13, 2014. 79 FR 27388.
                                                     into and is refrigerated to prescribed                  opportunity to present oral and written                  DOE also published a notice of
                                                     temperatures based on whether the                       comments on them. (42 U.S.C.                          proposed rulemaking (‘‘NOPR’’) to
                                                     given unit is a cooler or a freezer. See                6293(b)(2)) Finally, in any rulemaking to             create new performance-based energy
                                                     generally 42 U.S.C. 6311(20). In simple                 amend a test procedure, DOE must                      conservation standards for walk-ins on
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                                                     terms, a walk-in is an insulated box (or                determine to what extent, if any, the                 September 11, 2013. (‘‘September 2013
                                                     envelope) serviced by a refrigerated                    proposed test procedure would alter the               NOPR’’) 78 FR 55782. That NOPR
                                                     system that feeds cold air to the box’s                 measured energy efficiency of any                     addressed the comments received in
                                                     interior. DOE’s energy conservation                     covered product as determined under                   earlier stages of the rulemaking and
                                                     standards and test procedures for walk-                 the existing test procedure. (42 U.S.C.               proposed new energy conservation
                                                     ins are currently prescribed at 10 CFR                  6293(e)(1))                                           standards. In conjunction with the
                                                     431.306 and 10 CFR 431.304,                                                                                   September 2013 NOPR, DOE published
                                                     respectively. The following sections                      1 For editorial reasons, upon codification in the   a technical support document (‘‘TSD’’)
                                                     discuss DOE’s authority to establish test               U.S. Code, Part C was redesignated Part A–1.          to accompany the proposed rule along


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                                                     54928                     Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     with engineering analysis spreadsheets,                         Appeals for the Fifth Circuit. Lennox                    5, 2017 compliance date prescribed in
                                                     the government regulatory impact                                Int’l, Inc. v. Dep’t of Energy, Case No.                 the June 2014 final rule. See 79 FR at
                                                     model (‘‘GRIM’’) spreadsheet, the life                          14–60535 (5th Cir.). Other walk-in                       32051–32052 (Table I.1) and 32123–
                                                     cycle cost (‘‘LCC’’) spreadsheet, and the                       refrigeration system manufacturers—                      32124 (codified at 10 CFR 431.306(a),
                                                     national impact analysis (‘‘NIA’’)                              Rheem Manufacturing Co. (owner of                        (c)–(e)).
                                                     spreadsheet. See Docket No. EERE–                               Heat Transfer Products Group) and                           To address the vacated standards,
                                                     2008–BT–STD–0015. DOE proposed                                  Hussmann Corp.—along with the Air                        DOE established a working group to
                                                     standards for eight dedicated                                   Conditioning Contractors of America (a                   negotiate proposed energy conservation
                                                     condensing classes of refrigeration                             trade association representing                           standards to replace them. Specifically,
                                                     systems, two multiplex condensing                               contractors who install walk-in                          on August 5, 2015, DOE published a
                                                     classes of refrigeration systems, three                         refrigeration systems) intervened on the                 notice of intent to establish a Working
                                                     classes of panels, four classes of non-                         petitioners’ behalf, while the Natural                   Group for Certain Equipment Classes of
                                                     display doors, and two classes of                               Resources Defense Council (‘‘NRDC’’)—                    Refrigeration Systems of Walk-in
                                                     display doors. (The refrigeration system                        representing itself, the American                        Coolers and Freezers to Negotiate a
                                                     standards use the metric ‘‘annual walk-                         Council for an Energy-Efficient                          Notice of Proposed Rulemaking for
                                                     in energy factor (‘‘AWEF’’), and the door                       Economy, and the Texas Ratepayers’                       Energy Conservation Standards
                                                     standards use an energy use metric that                         Organization to Save Energy—                             (‘‘Working Group’’). 80 FR 46521. The
                                                     incorporates thermal insulating ability                         intervened on behalf of DOE. As a result                 Working Group was established under
                                                     and electrical energy used by the door.                         of this litigation, a settlement agreement               the Appliance Standards and
                                                     The panel standards are equivalent to                           was reached to address, among other                      Rulemaking Federal Advisory
                                                     those previously established and use a                          things, six of the refrigeration system                  Committee (‘‘ASRAC’’) in accordance
                                                     measurement of thermal insulation—or                            standards—the standards for low-                         with the Federal Advisory Committee
                                                     ‘‘R-value’’—to represent the energy                             temperature dedicated condensing                         Act (‘‘FACA’’) and the Negotiated
                                                     efficiency of these components.) DOE                            equipment classes and both medium-                       Rulemaking Act (‘‘NRA’’). (5 U.S.C.
                                                     published a final rule adopting these                           and low-temperature multiplex                            App. 2; 5 U.S.C. 561–570, Public Law
                                                     new standards on June 3, 2014. 79 FR                            condensing equipment classes.                            104–320.) The purpose of the Working
                                                     32050. Except for the equipment classes                            A controlling court order from the                    Group was to discuss and, if possible,
                                                     whose standards have been vacated, as                           United States Court of Appeals for the                   reach consensus on proposed standard
                                                     described below, compliance with the                            Fifth Circuit, issued on August 10, 2015,                levels for the energy efficiency of the
                                                     standards adopted in the June 2014 final                        vacated those six standards. On                          affected classes of walk-in refrigeration
                                                     rule is required starting on June 5, 2017.                      November 12, 2015, DOE amended the                       systems. The Working Group consisted
                                                        After publication of the 2014 Final                          CFR to reflect this order. As for the                    of 12 representatives of parties having a
                                                     Rule, the Air-Conditioning, Heating and                         remaining standards promulgated by the                   defined stake in the outcome of the
                                                     Refrigeration Institute (‘‘AHRI’’) and                          June 2014 final rule—i.e. the (1) four                   proposed standards and one DOE
                                                     Lennox International, Inc. (a                                   standards applicable to dedicated                        representative (see Table 1). The
                                                     manufacturer of walk-in refrigeration                           condensing refrigeration systems                         Working Group consulted as
                                                     systems) filed petitions for review of                          operating at medium-temperatures, (2)                    appropriate with a range of experts on
                                                     DOE’s final rule and DOE’s subsequent                           three standards applicable to panels,                    technical issues. The Working Group
                                                     denial of a petition for reconsideration                        and (3) six standards applicable to                      met in-person during 13 days of
                                                     of the rule (79 FR 59090 (October 1,                            doors—these standards were not                           meetings held between August 27 and
                                                     2014)) with the United States Court of                          vacated and remain subject to the June                   December 15, 2015.

                                                                               TABLE 1—WALK-IN REFRIGERATION SYSTEMS NEGOTIATED RULEMAKING WORKING GROUP
                                                                       Full Name                                                                                Affiliation

                                                     Ashley Armstrong ............................         U.S. Department of Energy.
                                                     Lane Burt ........................................    Natural Resources Defense Council.
                                                     Mary Dane ......................................      Traulsen.
                                                     Cyril Fowble ....................................     Lennox International, Inc.
                                                     Sean Gouw .....................................       CA Investor-Owned Utilities.
                                                     Andrew Haala .................................        Hussmann Corp.
                                                     Armin Hauer ....................................      ebm-papst, Inc.
                                                     John Koon .......................................     Manitowoc Company.
                                                     Joanna Mauer .................................        Appliance Standards Awareness Project.
                                                     Charlie McCrudden .........................           Air Conditioning Contractors of America.
                                                     Louis Starr .......................................   Northwest Energy Efficiency Alliance.
                                                     Michael Straub ................................       Rheem Manufacturing.
                                                     Wayne Warner ................................         Emerson Climate Technologies.
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                                                        On December 15, 2015, the Working                            2015–BT–STD–0016, No. 0052) that was                     systems whose standards were vacated.
                                                     Group reached consensus on, among                               presented to, and approved by the                        See Docket No. EERE–2015–BT–STD–
                                                     other things, a series of energy                                ASRAC on December 18, 2015. DOE                          0016 for all background documents on
                                                     conservation standards to replace those                         anticipates proposing to adopt in a                      the negotiated rulemaking.
                                                     that were vacated as a result of the                            separate rulemaking document energy                        While the Working Group’s focus
                                                     litigation. The Working Group                                   conservation standards consistent with                   centered primarily on addressing the six
                                                     assembled their recommendations into a                          the Working Group’s Term Sheet for                       energy conservation standards for low-
                                                     single Term Sheet (See Docket EERE–                             those classes of walk-in refrigeration                   temperature dedicated condensing


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                                                                          Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                            54929

                                                     equipment classes and both medium-                         of these features, while allowing for              A. Actions in Response to ASRAC
                                                     and low-temperature multiplex                              representations of their improved                  Negotiated Terms
                                                     condensing equipment classes, (see                         performance when using these                       1. Definitions
                                                     Docket No. EERE–2015–BT–STD–0016,                          features.
                                                     No. 0001 and 0002), the Term Sheet also                                                                          The Working Group recommended
                                                     included recommendations that DOE                          The second group of proposed                       that DOE define the terms ‘‘dedicated
                                                     consider making certain amendments                       provisions consists of test procedure                condensing unit,’’ ‘‘matched condensing
                                                     involving the test procedure. These                      modifications and certification,                     unit,’’ and ‘‘outdoor condensing unit’’
                                                     recommendations addressed technical                      compliance, and enforcement                          (Term Sheet at EERE–2015–BT–STD–
                                                     corrections to the test procedure itself;                provisions that, while not part of the               0016, No. 0056, recommendation #1);
                                                     definitions for certain terms to provide                 Term Sheet, are necessary for                        ‘‘adaptive defrost’’ (Term Sheet at
                                                     clarity regarding the applicability of the               implementing the energy conservation                 EERE–2015–BT–STD–0016, No. 0056,
                                                     standards (and, relatedly, the test                      standards. This group of proposed                    recommendation #2); and ‘‘process
                                                     procedure); and other test procedure                     changes includes:                                    cooling,’’ ‘‘preparation room
                                                     changes that the Working Group                                                                                refrigeration,’’ and ‘‘storage space’’
                                                                                                              —Re-organizing the test procedure                    (Term Sheet at EERE–2015–BT–STD–
                                                     deemed necessary in order to
                                                                                                               provisions in 10 CFR 431.304 for                    0016, No. 0056, recommendation #7).
                                                     implement the agreed-upon refrigeration
                                                                                                               improved clarity, and correcting                    DOE is also proposing to define the
                                                     system standards.2 DOE considered the
                                                                                                               typographical errors in the rule                    terms ‘‘dedicated condensing
                                                     approved Term Sheet, along with other
                                                                                                               language;                                           refrigeration system,’’ ‘‘outdoor
                                                     comments received during the
                                                     negotiated rulemaking process, in                        —Clarifying section 3.0 ‘‘Additional                 dedicated condensing refrigeration
                                                     developing several of the test procedure                  Definitions’’ in appendix A to subpart              system,’’ ‘‘indoor dedicated condensing
                                                     amendments that this document                             R of part 431;                                      refrigeration system,’’ ‘‘matched
                                                     proposes to adopt.                                                                                            refrigeration system,’’ ‘‘unit cooler,’’ and
                                                                                                              —Modifying the current walk-in
                                                                                                                                                                   ‘‘packaged dedicated system’’ to
                                                     II. Synopsis of the Notice of Proposed                    certification and reporting
                                                                                                                                                                   supplement the Working Group-
                                                     Rulemaking                                                requirements in 10 CFR 429.53 to
                                                                                                                                                                   recommended definitions. These
                                                                                                               clarify applicability of walk-in test
                                                        The proposed provisions fall into two                                                                      supplemental definitions were
                                                                                                               procedures to certain equipment
                                                     groups. The first group consists of test                                                                      developed to help enhance the clarity of
                                                                                                               classes and add provisions for                      the walk-in regulatory framework and to
                                                     procedure modifications and other                         reporting additional rating metrics;
                                                     additions to the regulatory text                                                                              assist manufacturers in readily
                                                     recommended by the Working Group                         —Adding walk-in refrigeration systems,               ascertaining how to classify (and certify
                                                     and listed in the Term Sheet, including:                  panels, and doors to the list of                    for compliance purposes) the myriad of
                                                     —Adding definitions for the terms                         products and equipment included as                  refrigeration systems they produce.
                                                        ‘‘dedicated condensing unit,’’                         part of the enforcement testing                     Finally, DOE is proposing to modify the
                                                        ‘‘dedicated condensing refrigeration                   requirements prescribed in 10 CFR                   current definition of refrigeration
                                                        system,’’ ‘‘packaged dedicated                         429.110(e)(2); and                                  system to align it more closely with the
                                                        system,’’ ‘‘matched condensing unit,’’                —Adding labeling requirements for                    terminology being defined here. The
                                                        ‘‘matched refrigeration system,’’                      walk-in refrigeration systems, panels,              following sections address DOE’s
                                                        ‘‘outdoor dedicated condensing                         and doors.                                          proposed definitions, all of which
                                                        refrigeration system,’’ ‘‘indoor                                                                           would appear in 10 CFR 431.302, if
                                                        dedicated condensing refrigeration                    III. Discussion                                      adopted. (The precise text for each of
                                                        system,’’ ‘‘adaptive defrost,’’ ‘‘process                                                                  these definitions appears under the
                                                                                                                 This proposal stems from the detailed             proposed regulatory text appearing at
                                                        cooling,’’ ‘‘preparation room                         discussions and suggestions offered by
                                                        refrigeration,’’ and ‘‘refrigerated                                                                        the end of this document.)
                                                                                                              Working Group participants during the
                                                        storage space,’’ and modifying the                    walk-in negotiated rulemaking. These                 a. Dedicated Condensing Unit and
                                                        definition of ‘‘refrigeration system;’’               participants, in addition to providing               Dedicated Condensing Refrigeration
                                                     —Removing the method for calculating                     detailed feedback for consideration in               System
                                                        defrost energy and defrost heat load of               developing the energy conservation                      In the June 2014 final rule, DOE
                                                        a system with hot gas defrost; and
                                                                                                              standards to replace those that were                 divided refrigeration systems into
                                                     —Establishing a regulatory approach for
                                                                                                              vacated, also offered detailed                       classes based on their treatment under
                                                        refrigeration systems with adaptive
                                                                                                              recommendations regarding the walk-in                the test procedure with respect to
                                                        defrost and/or on-cycle variable-speed
                                                                                                              test procedures. These                               condensing unit configuration. 79 FR at
                                                        evaporator fan control, that would
                                                                                                              recommendations were offered as a                    32069–32070. (denoting ‘‘dedicated
                                                        require demonstration of compliance
                                                                                                              means to address questions related to                condensing’’ equipment class standards
                                                        with the standard for any such unit to
                                                                                                              the treatment of certain types of features           as applying to systems consisting of (a)
                                                        be based on testing without activation
                                                                                                              or components that may be present in a               a dedicated condensing unit and a unit
                                                        2 The recommended changes to the test procedure       given walk-in refrigeration system.                  cooler, (b) a single-package system that
                                                     deal exclusively with efficiency measurement and         These aspects of the proposal, along                 includes an entire refrigeration system,
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                                                     certification for the classes of refrigeration systems   with other elements involving the                    and (c) stand-alone dedicated
                                                     that were the subject of the negotiations, and do not    implementation of DOE’s certification                condensing units.) In a related test
                                                     affect the test procedures for the refrigeration
                                                     system standards that were not vacated. They
                                                                                                              and labeling requirements and general                procedure final rule, DOE also revised
                                                     specifically address removing test procedure             obligations under EPCA, are addressed                the regulatory approach for dedicated
                                                     provisions for hot gas defrost and requiring that        in the sections that follow. While DOE               condensing walk-in refrigeration
                                                     certified efficiency levels for comparison to the        seeks comment regarding all aspects of               systems by specifying that in those
                                                     standards for evaluation of compliance would not
                                                     make use of the test procedure provisions for
                                                                                                              its proposal, section V.E includes a                 instances where a complete walk-in
                                                     adaptive defrost or on-cycle variable-speed              detailed list of specific issues on which            refrigeration system consists of a unit
                                                     evaporator fans.                                         DOE seeks comment.                                   cooler and condensing unit that are


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                                                     54930               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     sourced from separate manufacturers,                       Second, the Working Group discussed                condensing standard, without having to
                                                     each of those manufacturers (i.e.,                      how to treat a single assembly with                   distribute their condensing units in
                                                     original equipment manufacturer or                      multiple compressors and/or                           commerce with one or more specific
                                                     ‘‘OEM’’) is responsible for certifying the              condensers. Lennox recommended that                   unit coolers.
                                                     compliance of their respective                          the definition also specify that a                       Each of these elements is reflected in
                                                     components. See 79 FR 27388 (May 13,                    dedicated condensing system is                        DOE’s proposed definition for
                                                     2014) (‘‘May 2014 test procedure rule’’).               designed to serve one refrigerated load.              ‘‘dedicated condensing unit,’’ which
                                                     Under this approach, the entity that                    (Docket No. EERE–2015–BT–STD–0016,                    would require such a unit be a positive
                                                     combines and sells the matched-pair                     Lennox, Public Meeting Transcript                     displacement condensing unit that is
                                                     system consisting of the separately-                    (October 16, 2015), No. 0063 at pp. 247–              part of a refrigeration system (as defined
                                                     sourced unit cooler and dedicated                       248) Hussmann also noted that a                       in 10 CFR 431.302) and is an assembly
                                                     condensing unit need only ensure that                   dedicated condensing unit could be                    that (1) includes 1 or more compressors,
                                                     the unit cooler and condensing unit, by                 packaged with other dedicated                         a condenser, and one refrigeration
                                                     themselves, have been certified by their                condensing units, but could still be                  circuit and (2) is designed to serve one
                                                     respective manufacturers to meet the                    covered as long as the individual unit                refrigerated load.
                                                     relevant energy conservation standard.                  has one refrigeration circuit. (Docket No.               This definition omits the term
                                                     The May 2014 test procedure rule also                   EERE–2015–BT–STD–0016, Hussmann,                      ‘‘factory-made’’ from the definition to
                                                     adopted testing methods to enable an                    Public Meeting Transcript (October 16,                avoid suggesting that such an assembly
                                                     OEM to readily test and rate a                          2015), No. 0063 at pp. 253–254) Lennox                is not a condensing unit (and thus not
                                                     condensing unit individually.                           then clarified that, in its view, a single,           covered by DOE regulations) if it
                                                                                                             stand-alone condensing unit would be                  happens to be assembled from its
                                                        Proper classification of condensing
                                                                                                             considered a dedicated condensing unit,               subcomponents after shipment from the
                                                     units by type is important because DOE
                                                                                                             but so would a unit with multiple                     factory.
                                                     has consistently held that the                                                                                   Additionally, for the reasons
                                                     condensers and compressors of a                         independent circuits, as well as systems
                                                                                                             with parallel pipe systems that serve                 discussed in this preamble, DOE is
                                                     multiplex condensing system are not                                                                           proposing to define ‘‘dedicated
                                                     covered by walk-in regulations. (See the                one load. However, a unit with a
                                                                                                             common condenser coil with multiple                   condensing refrigeration system’’ as
                                                     September 2013 NOPR, 78 FR at 55801;                                                                          referring to a (a) dedicated condensing
                                                     see also Docket No. EERE–2011–BT–                       refrigeration inlets would not be
                                                                                                             considered as a dedicated condensing                  unit, (b) packaged dedicated system, or
                                                     TP–0024, DOE, Public Meeting                                                                                  (c) matched refrigeration system.
                                                     Transcript (October 22, 2014), No. 0117                 unit. (Docket No. EERE–2015–BT–STD–
                                                                                                                                                                      DOE notes that the proposed
                                                     at p. 21) DOE has not previously defined                0016, Lennox, Public Meeting
                                                                                                                                                                   definition would encompass a dedicated
                                                     either dedicated condensing unit or                     Transcript (October 16, 2015), No. 0063
                                                                                                                                                                   condensing system that may be part of
                                                     multiplex condensing equipment, and                     at pp. 256–257)
                                                                                                                                                                   an assembly or package that includes
                                                     the Working Group recommended                              The proposed dedicated condensing                  other equipment—an approach that is
                                                     defining the former to clarify what                     equipment class definition addresses                  consistent with Hussmann’s comment
                                                     equipment would be subject to                           three refrigeration system                            discussed earlier.
                                                     condensing unit standards. Thus, as part                configurations—(1) a dedicated                           DOE requests comment on the
                                                     of the negotiated terms, the Working                    condensing unit; (2) a packaged                       proposed definitions for dedicated
                                                     Group recommended that DOE codify a                     dedicated system; and (3) a matched                   condensing unit and dedicated
                                                     definition for ‘‘dedicated condensing                   refrigeration system. To emphasize this               condensing refrigeration system.
                                                     unit.’’ (See Term Sheet, Docket No.                     three-pronged approach, DOE proposes
                                                     EERE–2015–BT–STD–0016, No. 0056,                        defining what a dedicated condensing                  b. Packaged Dedicated System
                                                     Recommendation #1)                                      refrigeration system is to clarify the                   DOE is proposing to treat a packaged
                                                        During the Working Group                             scope of this equipment class.                        dedicated system as a type of dedicated
                                                     negotiation meetings, participants                      Consistent with Lennox’s assertion that               condensing refrigeration system. These
                                                     discussed several factors that may                      single package refrigeration systems are              systems are factory-assembled
                                                     distinguish dedicated condensing                        a type of dedicated condensing system,                equipment where the components
                                                     equipment from multiplex condensing                     DOE is proposing to include this                      serving the compressor, condenser, and
                                                     equipment. First, the Working Group                     configuration in the proposed                         evaporator functions are ‘‘packaged’’
                                                     discussed the components found in a                     definition. DOE also proposes that a                  into a single piece of equipment. The
                                                     dedicated condensing unit. Lennox                       matched condensing system—consisting                  system is then installed as part of a
                                                     recommended that a dedicated                            of a dedicated condensing unit that is                walk-in application with the compressor
                                                     condensing unit should be a factory-                    distributed in commerce with one or                   and condenser located on the outside of
                                                     made assembly that includes one or                      more specific unit coolers—would also                 the walk-in envelope (i.e., the boxed
                                                     more compressors, a condenser, and one                  be treated as a kind of dedicated                     storage enclosure) and the evaporator on
                                                     refrigeration circuit. (Docket No. EERE–                condensing system. (The following two                 the inside. (When using such a system,
                                                     2015–BT–STD–0016, Lennox, Public                        sections discuss packaged dedicated                   the walk-in insulated enclosure is
                                                     Meeting Transcript (October 16, 2015),                  systems and matched systems in more                   manufactured with a hole in the wall or
                                                     No. 0063 at pp. 247–248) Lennox also                    detail.) Finally, DOE proposes to                     ceiling in which the packaged system is
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                                                     clarified that it considered a single                   include in the definition that a                      mounted.) The use of this equipment is
                                                     package refrigeration system (that is, a                dedicated condensing system could                     necessarily limited to small-capacity
                                                     factory-made assembly consisting of one                 consist of a dedicated condensing unit                walk-ins due to load-bearing limitations
                                                     or more compressors, a condenser, and                   sold separately from any unit cooler.                 of the walk-in envelope. DOE is
                                                     an evaporator) to be a type of dedicated                This proposed clarification underpins                 proposing to define ‘‘packaged
                                                     condensing system. (Docket No. EERE–                    DOE’s certification approach of allowing              dedicated systems’’ by combining
                                                     2015–BT–STD–0016, DOE and Lennox,                       manufacturers to test and rate                        elements of the proposed definition for
                                                     Public Meeting Transcript (October 16,                  condensing units separately to certify                ‘‘dedicated condensing unit’’ (see
                                                     2015), No. 0063 at pp. 249–251)                         compliance with the dedicated                         section III.A.1.a) and the definition for


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                                     54931

                                                     ‘‘forced-circulation free-delivery unit                 d. Outdoor and Indoor Dedicated                       regardless of the operation of the system
                                                     cooler (unit cooler)’’ from AHRI–1250–                  Condensing Refrigeration Systems                      being tested. Hence, the test room
                                                     2009. Consequently, DOE is proposing                      DOE currently distinguishes the                     conditions would not necessarily
                                                     to define a ‘‘packaged dedicated                        dedicated condensing refrigeration                    deviate from these specified
                                                     system’’ as ‘‘a refrigeration system (as                system classes based on whether the                   temperatures, which would be an
                                                     defined in 10 CFR 431.302) that is a                    condensing unit is located indoors or                 indication that the refrigeration system
                                                     single-package assembly that includes                   outdoors. 79 FR at 32069–32070.                       under test is not capable of maintaining
                                                     one or more compressors, a condenser,                   Building on this established foundation,              the box conditions. DOE proposes that
                                                     a means for forced circulation of                       DOE is proposing definitions for the                  determining whether the refrigeration
                                                     refrigerated air, and elements by which                 terms ‘‘outdoor dedicated condensing                  system can maintain box conditions
                                                     heat is transferred from air to                         refrigeration system’’ and ‘‘indoor                   would be based on the measured net
                                                     refrigerant, without any element                        dedicated condensing refrigeration                    capacity for the system when operating
                                                     external to the system imposing                                                                               at the 35 °F outdoor condition—
                                                                                                             system’’ to distinguish these classes of
                                                     resistance to flow of the refrigerated                                                                        specifically, DOE proposes that this net
                                                                                                             equipment for standards and rating
                                                     air.’’                                                                                                        capacity must be no less than 65 percent
                                                                                                             purposes. Because outdoor systems are
                                                                                                                                                                   of the net capacity when tested at 95 °F
                                                        DOE requests comment on the                          tested differently and generally have
                                                                                                                                                                   outdoor conditions for a unit to be
                                                     proposed definition for packaged                        very different measured AWEF values
                                                                                                                                                                   considered an outdoor condensing
                                                     dedicated system.                                       than indoor systems, DOE believes that
                                                                                                                                                                   system. DOE selected this comparison
                                                                                                             these class distinctions should be
                                                     c. Matched Condensing Unit and                                                                                because the box loads specified for
                                                                                                             clearly defined.
                                                     Matched Refrigeration System                                                                                  operation in a 35 °F outdoor condition
                                                                                                               In developing these definitions, DOE
                                                                                                                                                                   in AHRI 1250–2009 for outdoor
                                                        During one of the initial Working                    relied on the fact that outdoor
                                                                                                                                                                   condensing systems during the high
                                                     Group meetings, DOE offered for                         condensing units use an outer casing to
                                                                                                                                                                   load period (Equation 3 for medium-
                                                     consideration a definition for a matched                protect the unit’s internal components
                                                                                                                                                                   temperature and Equation 7 for low-
                                                     condensing unit—specifically, to define                 from weather-related elements. During
                                                                                                                                                                   temperature) are equal to 65 percent of
                                                                                                             the negotiated rulemaking meetings,
                                                     this term as ‘‘a dedicated condensing                                                                         the net capacity measured for the 95 °F
                                                     unit that is distributed in commerce                    AHRI suggested that DOE include in the
                                                                                                                                                                   outdoor condition.
                                                     with one or more specific unit coolers.’’               definition the phrase, ‘‘designed to be                  Second, DOE would clarify that ‘‘an
                                                     (Docket No. EERE–2015–BT–STD–0016,                      installed and operated outside the                    extended period’’ would mean a period
                                                     DOE, Public Meeting Transcript                          building envelope’’ so that adding a                  of no less than an hour. DOE notes that
                                                     (October 15, 2015), No. 0062 at p. 138–                 casing to a unit designed to be an indoor             during testing of walk-in refrigeration
                                                     139) In offering this definition, DOE                   condensing unit (e.g., for purposes of                systems, AHRI 1250–2009 requires that
                                                     intended to distinguish a matched                       fan protection) would not cause DOE to                data be recorded for a period of at least
                                                     condensing unit from an individually-                   consider it as an outdoor condensing                  30 minutes after approaching steady
                                                     sold condensing unit for testing                        unit. (Docket No. EERE–2015–BT–STD–                   state for at least 30 minutes at the
                                                     purposes. (This distinction is critical                 0016, AHRI, Public Meeting Transcript                 specified test conditions (see section
                                                     since a matched system could be tested                  (December 15, 2015), No. 0060 at p. 137)              C3.6 in Appendix C of AHRI 1250–
                                                     using the currently prescribed test                     DOE asked AHRI to identify design                     2009). Together, the 30 minutes taken to
                                                     method from AHRI 1250–2009 for                          differences that could help DOE                       reach steady state and the 30 minutes of
                                                     variable-speed compressors, while an                    determine whether a certain condensing                data recording time starting after steady
                                                     individually-sold dedicated condensing                  unit is designed for indoor or outdoor                state has been achieved add up to an
                                                     unit could not). The Working Group                      use. (Docket No. EERE–2015–BT–STD–                    hour of testing. While DOE would
                                                     later recommended a modified version                    0016, DOE, Public Meeting Transcript                  expect that an outdoor unit would be
                                                     of this definition to indicate that the                 (December 15, 2015), No. 0060 at pp.                  able to maintain the required capacity
                                                     unit coolers matched to the condensing                  149–150) The Working Group ultimately                 level for many hours, not just one, DOE
                                                     unit would be specified by the                          agreed that an outdoor condensing                     believes that any inability to maintain
                                                     condensing unit manufacturer. That                      system must be ‘‘capable of maintaining               this capacity (e.g., due to inability to
                                                     modified definition, which DOE is                       the medium-temperature or low-                        maintain sufficient refrigerant pressure
                                                     proposing to include as part of 10 CFR                  temperature DOE test procedure box                    at the inlet to the expansion device to
                                                     431.302, would define a ‘‘matched                       conditions (as specified in 10 CFR                    maintain adequate refrigerant flow)
                                                     condensing unit’’ as ‘‘a dedicated                      431.304) for an extended period at the                would already have manifested itself
                                                     condensing unit that is distributed in                  35 °F outdoor temperature condition.’’                within an hour. This is because, for
                                                     commerce with one or more unit                          (Term Sheet at EERE–2015–BT–STD–                      steady-state operation, the refrigerant in
                                                     cooler(s) specified by the condensing                   0016, No. 0056, Recommendation #1)                    a walk-in refrigeration system would
                                                     unit manufacturer.’’                                      DOE considered the Term Sheet’s                     circulate through the system many times
                                                                                                             recommendation and is proposing to                    before an hour would have elapsed,3
                                                        For completeness, DOE is also                        clarify the recommendation in the                     thus if it was going to be ‘‘held up’’ by
                                                     proposing to define ‘‘matched                           context of the walk-in test procedure.                the expansion valve due to insufficient
                                                     refrigeration system’’ (also called                     First, the recommendation uses the                    refrigerant pressure, such an issue
                                                     ‘‘matched pair’’) as ‘‘a refrigeration
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                                                                                                             terminology ‘‘maintaining the . . . box               would have been observed long before
                                                     system including the matched                            conditions’’ in describing an outdoor                 the end of the hour.
                                                     condensing unit and the one or more                     condensing system. DOE notes that                        Consistent with this approach, DOE is
                                                     unit coolers with which it is distributed               during testing of walk-in refrigeration               proposing to define an ‘‘outdoor
                                                     in commerce.’’                                          systems, the space occupied by the unit
                                                        DOE requests comments on the                         cooler is conditioned to the specified                  3 For example, for a set of dedicated condensing

                                                     proposed definitions for matched                        operating conditions (e.g., 35 °F for                 systems tested by DOE, the range of time required
                                                                                                                                                                   for the refrigerant to circulate fully around the
                                                     condensing unit and matched                             medium-temperature systems and                        circuit (calculated as the refrigerant charge divided
                                                     refrigeration system.                                   ¥10 °F for low-temperature systems)                   by the mass flow rate) averaged 3 minutes.



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                                                     54932               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     dedicated condensing refrigeration                      condensing applications. The multiplex                a single piece of equipment; or (2) A
                                                     system’’ as ‘‘a dedicated condensing                    condensing unit itself is not covered by              split dedicated system with separate
                                                     unit, packaged dedicated system, or                     the standard (as discussed in section                 unit cooler and condensing unit
                                                     matched refrigeration system in which                   III.A.1.a), which could create confusion              sections; or (3) A unit cooler that is
                                                     the assembly (including the                             if the ‘‘multiplex condensing’’ reference             connected to a multiplex condensing
                                                     compressor(s) and condenser) is                         were to continue to be used. To align its             system.’’ DOE is proposing to
                                                     encased and the system is capable of                    terminology with the actual use of this               consolidate and re-word clauses (1) and
                                                     maintaining a net capacity at the 35 °F                 equipment, DOE is proposing to drop                   (2) in the current definition to refer to
                                                     outdoor temperature condition that is                   the term ‘‘multiplex condensing’’ and                 the new, proposed definition for
                                                     no less than 65 percent of the net                      re-name this class of equipment as ‘‘unit             ‘‘dedicated condensing system.’’ As the
                                                     capacity measured at the 95 °F outdoor                  coolers’’ (i.e. ‘‘UC’’).                              proposed definition for ‘‘dedicated
                                                     temperature condition for a period of no                   In section 3.3 of AHRI 1250–2009, the              condensing system’’ encompasses both
                                                     less than one hour.’’                                   test procedure incorporated by reference              packaged dedicated systems and
                                                        Although the Term Sheet originally                   (see 10 CFR 431.303), unit coolers (or,               matched refrigeration systems
                                                     recommended a definition for ‘‘outdoor                  more specifically, ‘‘Forced-Circulation               consisting of a dedicated condensing
                                                     condensing unit’’ to encompass certain                  Free-Delivery Unit Coolers (Unit                      unit and one or more unit coolers, DOE
                                                     dedicated condensing units and                          Coolers)’’) are defined as ‘‘[a] factory-             believes the term ‘‘dedicated
                                                     matched condensing units, DOE is                        made assembly, including means for                    condensing system’’ can replace clauses
                                                     proposing a slightly modified definition                forced air circulation and elements by                (1) and (2) in the proposed definition
                                                     that expands the scope to packaged                      which heat is transferred from air to                 without reducing the overall scope of
                                                     dedicated systems (defined in section                   refrigerant without any element external              coverage. This replacement will also
                                                     III.A.1.b). DOE believes its proposed                   to the cooler imposing air resistance.                serve to clarify that a dedicated
                                                     definition is consistent with the intent                These may also be referred to as Air                  condensing unit can also be considered
                                                     of the Working Group as expressed in                    Coolers, Cooling Units, Air Units or                  a refrigeration system, as the proposed
                                                     the Term Sheet.                                         Evaporators.’’ DOE believes this                      definition of ‘‘dedicated condensing
                                                        For completeness, DOE is also                        definition for ‘‘unit coolers’’ is                    system’’ includes dedicated condensing
                                                     proposing to define an ‘‘indoor                         appropriate. However, due to the                      units.
                                                     dedicated condensing refrigeration                      importance of the term ‘‘unit cooler’’ in                DOE is also proposing to remove the
                                                     system’’ as ‘‘a dedicated condensing                    the walk-in regulations, DOE proposes                 specification ‘‘that is connected to a
                                                     refrigeration system that is not an                     to add a definition in its test procedure             multiplex condensing unit’’ from clause
                                                     outdoor dedicated refrigeration system.’’               using nearly the same text that currently             (3) of the current definition. As
                                                        DOE requests comments on the                         is used in AHRI 1250–2009. DOE                        discussed in the previous section, walk-
                                                     proposed definitions for indoor and                     proposes to remove the term ‘‘factory-                in unit coolers can be installed in either
                                                     outdoor condensing units.                               made’’ from the definition to avoid                   dedicated condensing or multiplex
                                                     e. Unit Cooler                                          suggesting that such an assembly is not               condensing applications, and most that
                                                                                                             a unit cooler (and thus not covered by                are shipped individually are installed in
                                                        In addition to dedicated condensing                  DOE regulations) if it happens to be                  dedicated condensing systems. DOE
                                                     systems, the definition of ‘‘refrigeration              assembled from its subcomponents after                does not intend to imply that only walk-
                                                     system’’ in 10 CFR 431.302 also                         shipment from the factory (similar to the             in unit coolers installed in multiplex
                                                     includes unit coolers connected to a                    approach taken for ‘‘dedicated                        condensing applications are covered,
                                                     multiplex condensing system. DOE                        condensing unit’’ as described in                     because walk-in unit coolers are covered
                                                     previously referred to this class of                    section III.A.1.a). Unit coolers would be             under the standard regardless of
                                                     equipment as ‘‘multiplex condensing,’’                  treated as covered equipment since they               whether they are ultimately installed in
                                                     abbreviated as ‘‘MC.’’ However,                         would continue to fall within the                     dedicated condensing or multiplex
                                                     manufacturers have indicated that unit                  definition for ‘‘refrigeration system’’ as            condensing applications.
                                                     coolers can be installed in either                      discussed in the next section.                           The modified definition of
                                                     dedicated condensing or multiplex                          DOE requests comment on its                        ‘‘refrigeration system’’ would define this
                                                     condensing applications, and that most                  proposal to change the ‘‘multiplex                    term as ‘‘the mechanism (including all
                                                     units that are shipped individually are                 condensing’’ class designation to ‘‘unit              controls and other components integral
                                                     installed in dedicated condensing                       cooler’’ and on its proposal to add a                 to the system’s operation) used to create
                                                     systems. (See manufacturer-submitted                    definition for ‘‘unit cooler’’ in the CFR,            the refrigerated environment in the
                                                     Excel spreadsheet, Docket No. EERE–                     using the definition that currently is in             interior of a walk-in cooler or freezer,
                                                     2015–BT–STD–0016, No. 0029, noting                      AHRI 1250–2009.                                       consisting of: (1) A dedicated
                                                     in column ‘‘K’’ that approximately 82                                                                         condensing refrigeration system (as
                                                     percent of unit coolers are used in                     f. Refrigeration System
                                                                                                                                                                   defined in 10 CFR 431.302); or (2) A
                                                     dedicated condensing applications,                         For purposes of clarity, DOE is                    unit cooler.’’
                                                     while approximately 18 percent are                      proposing to modify the current                          DOE requests comment on the
                                                     used in multiplex condensing                            definition of ‘‘refrigeration system’’ in             proposed modifications to the definition
                                                     applications.) In the May 2014 test                     10 CFR 431.302 to align it with the new               of refrigeration system.
                                                     procedure rule, DOE implemented a                       definitions discussed earlier.
                                                                                                                                                                   g. Adaptive Defrost
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                                                     certification approach where all unit                   ‘‘Refrigeration system’’ is currently
                                                     coolers sold separately (that is, not                   defined as ‘‘the mechanism (including                    The May 2014 test procedure rule
                                                     distributed in commerce as part of a                    all controls and other components                     implemented a credit for systems having
                                                     matched-pair system) must be tested                     integral to the system’s operation) used              an adaptive defrost system that
                                                     and rated as part of the multiplex                      to create the refrigerated environment in             manufacturers could use in lieu of
                                                     condensing system class. However, as                    the interior of a walk-in cooler or                   testing the adaptive defrost feature using
                                                     mentioned in this preamble, these unit                  freezer, consisting of: (1) A packaged                the relevant provision in AHRI 1250–
                                                     coolers could be installed in either                    dedicated system where the unit cooler                2009, incorporated by reference in the
                                                     dedicated condensing or multiplex                       and condensing unit are integrated into               DOE test procedure, when calculating


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                            54933

                                                     the efficiency of their refrigeration                   (October 15, 2015), No. 0062 at pp. 146)              assign an adaptive defrost credit if the
                                                     systems. (See 10 CFR 431.304(c)(10)(ix))                ASAP noted that it was important to                   unit cooler and condensing unit were
                                                     Manufacturers, however, expressed                       verify that an adaptive defrost system is             sold separately and argued that the
                                                     concerns that DOE had not adequately                    saving energy, but Lennox pointed out                 definition should cover the case where
                                                     defined ‘‘adaptive defrost’’ and that the               that doing so would require the test                  the sensors and communication board
                                                     test procedure could permit a                           procedure to be revised to validate the               are on the unit cooler and the system’s
                                                     manufacturer to claim the energy                        savings of an adaptive defrost system                 processing power (i.e., decision-making)
                                                     efficiency credit for systems with this                 versus a standard defrost approach.                   is located on the condensing unit.
                                                     feature even if those systems may not                   ASAP then replied that DOE could                      Lennox and AHRI agreed that it would
                                                     necessarily yield the efficiency                        specify that the manufacturer is not                  not be necessary for both components to
                                                     performance improvement consistent                      required to perform the test, but the                 have all of the necessary features for the
                                                     with the credit provided by the test                    method could provide a way for DOE to                 system as a whole to have adaptive
                                                     procedure. (See discussions at Docket                   verify performance of the system                      defrost capability, and Hussmann noted
                                                     No. EERE–2015–BT–STD–0016, Lennox,                      (Docket No. EERE–2015–BT–STD–0016,                    that some systems have all of the
                                                     Public Meeting Transcript (September                    ASAP and Lennox, Public Meeting                       necessary components on the unit
                                                     11, 2015), No. 0061 at p. 0087; and                     Transcript (October 15, 2015), No. 0062               cooler. Emerson and Rheem then
                                                     Docket No. EERE–2015–BT–STD–0016,                       at pp. 146–149) Hussmann then asked                   questioned how the condensing unit
                                                     Lennox and Rheem, Public Meeting                        whether a mechanism that shortened                    could receive credit for the system
                                                     Transcript (September 30, 2015), No.                    defrost duration would be considered                  having adaptive defrost ability in this
                                                     0067 at pp. 138–144) To address this                    demand defrost, but DOE noted that the                case, when the manufacturer would not
                                                     issue, DOE offered a definition for                     effect of this would be captured during               know whether it was going to be paired
                                                     ‘‘adaptive defrost’’ for the Working                    the regular defrost test, and AHRI agreed             with a unit cooler that has the capability
                                                     Group to consider during the negotiated                 that reducing the time of the defrost                 for using adaptive defrost. Rheem noted
                                                     rulemaking. In particular, during the                   would not be counted under the                        that, in this situation, any components
                                                     October 15, 2015 public meeting, DOE                    definition. (Docket No. EERE–2015–BT–                 that the manufacturer included on the
                                                     suggested revising the definition for                   STD–0016, Hussmann and AHRI, Public                   condensing unit would ultimately be
                                                     adaptive defrost to refer to a defrost                  Meeting Transcript (October 15, 2015),                unused. (Docket No. EERE–2015–BT–
                                                     control system that reduces defrost                     No. 0062 at pp. 152–156) National Coil                STD–0016, AHRI, Lennox, Emerson,
                                                     frequency by initiating defrosts or                     suggested that the definition should                  Rheem, and Hussmann, Public Meeting
                                                     adjusting the number of defrosts per day                replace the phrase ‘‘response to                      Transcript (December 3, 2015), No. 0057
                                                     in response to operating conditions (e.g.,              operating conditions’’ with ‘‘response to             at pp. 132–140) Hussmann then
                                                     moisture levels in the refrigerated space,              frosting conditions,’’ but DOE noted that             suggested that the manufacturer of the
                                                     measurements that represent coil frost                  the definition was not intended to                    condensing unit could show that the
                                                     load) rather than initiating defrost                    restrict the technology that                          unit has adaptive defrost compatibility
                                                     strictly based on compressor run time or                manufacturers would use to determine                  with a note in the instruction manual or
                                                     clock time, such that the time interval                 when a defrost is necessary. (Docket No.              a sticker on the unit, but ASAP
                                                     between defrosts is at least 12 hours                   EERE–2015–BT–STD–0016, National                       expressed concern that the condensing
                                                     when operating in a space maintained at                 Coil, Public Meeting Transcript (October              unit could, in spite of the instructions,
                                                     ¥10 °F and less than 50% relative                       15, 2015), No. 0062 at pp. 159–160) The               be installed with a unit cooler that does
                                                     humidity. (See public meeting                           Working Group was unable to agree on                  not have adaptive defrost capability.
                                                     presentation, Docket No. EERE–2015–                     a definition at the time and postponed                (Docket No. EERE–2015–BT–STD–0016,
                                                     BT–STD–0016, No. 0027 at p. 7)                          further discussion until a future                     Hussmann and ASAP, Public Meeting
                                                        Commenting on this definition, AHRI,                 meeting.                                              Transcript (December 3, 2015), No. 0057
                                                     Hussmann, and Lennox questioned                            In the November 3 meeting, several                 at pp. 142–144)
                                                     whether DOE should specify a time                       Working Group members and other                          As discussed in section III.A.2.b, the
                                                     interval between defrosts. Lennox and                   attendees provided further input on the               Working Group agreed, and DOE is
                                                     Hussmann believed that the additional                   definition for adaptive defrost. AHRI                 separately proposing, that
                                                     clarification for the time interval was                 indicated that the definition should be               manufacturers should rate their systems
                                                     not a necessary part of the definition,                 consistent with the approach followed                 for compliance purposes without the
                                                     while AHRI observed that if adaptive                    for heat pumps and require that the unit              adaptive defrost credit, but that the test
                                                     defrost is defined based on a response                  should sense an actual need for a defrost             procedure would continue to retain its
                                                     to moisture levels, the definition should               instead of being based on time. (Docket               current method for calculating the
                                                     not also indicate defrost frequency                     No. EERE–2015–BT–STD–0016, AHRI,                      benefit of adaptive defrost to permit
                                                     because this would effectively make the                 Public Meeting Transcript (December 3,                manufacturers to make representations
                                                     definition time-based. Hussmann added                   2015), No. 0057 at p. 131) While AHRI                 of system efficiency with this feature
                                                     that a defrost controller may meet the                  did not specify the type of heat pumps                included. After settling on this
                                                     time interval but not function well (a                  it was referencing, DOE notes that the                approach, the Working Group agreed on
                                                     sentiment later reiterated by KeepRite).                current test procedure for central air                a definition of adaptive defrost without
                                                     (Docket No. EERE–2015–BT–STD–0016,                      conditioners and heat pumps includes a                resolving the question of how DOE
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                                                     AHRI, Hussmann, and Lennox, Public                      definition for ‘‘demand-defrost control               would verify that a unit cooler or
                                                     Meeting Transcript (October 15, 2015),                  system,’’ which requires the controls to              condensing unit has adaptive defrost
                                                     No. 0062 at pp. 143–145; Keeprite,                      monitor and record at least once for                  capability. Consistent with the Term
                                                     Public Meeting Transcript (October 15,                  every ten minutes of compressor on-                   Sheet, DOE proposes to define
                                                     2015), No. 0062 at p. 153) Rheem                        time during space heating one or more                 ‘‘adaptive defrost’’ as ‘‘a defrost control
                                                     suggested that the adaptive defrost                     parameters that always vary with the                  system that reduces defrost frequency
                                                     could be dependent on the heat load.                    amount of frost accumulated (See 10                   by initiating defrosts or adjusting the
                                                     (Docket No. EERE–2015–BT–STD–0016,                      CFR 430, subpart B, appendix M, sec. 1).              number of defrosts per day in response
                                                     Rheem, Public Meeting Transcript                        Emerson raised the issue of how to                    to operating conditions (e.g., moisture


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                                                     54934               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     levels in the refrigerated space,                       discusses its proposed definitions for                the context of this rulemaking as
                                                     measurements that represent coil frost                  these terms.                                          process cooling equipment (see, e.g., 79
                                                     load) rather than initiating defrost                                                                          FR at 36067 (June 3, 2014)) meet the
                                                                                                             Process Cooling
                                                     strictly based on compressor run time or                                                                      requirements for walk-in coolers and
                                                     clock time.’’ See Docket No. EERE–                         Interested parties first asked DOE to              freezers under the EPCA definition.
                                                     2015–BT–STD–0016, Public Meeting                        clarify the applicability of standards to             EPCA defines ‘‘walk-in’’ as an ‘‘enclosed
                                                     Transcript (December 15, 2015), No.                     certain types of process cooling                      storage space.’’ (42 U.S.C. 6311(20)(A))
                                                     0060 at p.157.                                          refrigeration systems during the initial              However, the statute does not define
                                                        The proposed definition does not                     rulemaking that culminated in the June                ‘‘storage’’ and provides no minimum
                                                     specify which features must be included                 2014 final rule. In the preamble to that              duration for a stored item to remain
                                                     on (or with) the unit cooler or                         final rule, DOE clarified that blast                  within the walk-in to qualify as storage.
                                                     condensing unit; based on the                           chillers and blast freezers (which it                 As noted earlier, the Working Group
                                                     discussion outlined in this preamble,                   considered types of process cooling)                  asked DOE to develop a definition for
                                                     features may not be consistent across                   would not be required to meet the walk-               ‘‘storage space,’’ which indicates that
                                                     manufacturers or installed systems. Also                in standards. At the time, DOE                        there is not necessarily a clear
                                                     in accordance with Working Group                        explained its understanding that the                  distinction between storage space and
                                                     recommendations discussed earlier in                    description contained in that document                process space in the context of walk-in
                                                     this section, the proposed definition                   was sufficiently clear to enable                      coolers and walk-in freezers.
                                                     specifies that the defrost is initiated                 manufacturers to readily determine                       In applying the statute’s use of the
                                                     based on operating conditions and not                   whether a particular device they                      term ‘‘storage space,’’ the key question
                                                                                                             produce would be subject to the                       is whether the use of a blast chiller’s
                                                     on time. Although the proposed
                                                                                                             standards. DOE further noted that                     refrigerated space for rapid pulldown of
                                                     definition lists some examples of
                                                                                                             equipment used solely for process                     the temperature of the contents placed
                                                     operating conditions, it does not
                                                                                                             cooling applications is generally                     within the enclosure, in and of itself,
                                                     prescribe which conditions the
                                                                                                             excluded from the standards, but that it              excludes the internal space from being
                                                     controller must rely on to initiate the
                                                                                                             could not categorically exclude from                  considered storage space. On one hand,
                                                     defrost.
                                                                                                             coverage any products used for both                   the contents are being acted upon rather
                                                        DOE requests comment on the                          process and storage applications. 79 FR               than simply passively sitting. On the
                                                     proposed definition for adaptive defrost.               at 32068.                                             other hand, these contents are also
                                                     h. Process Cooling, Preparation Room                       At a subsequent public meeting that                placed in the space for a certain period
                                                     Refrigeration, and Storage Space                        DOE held in October 2014 to clarify                   of time, i.e., the contents are placed in
                                                                                                             aspects of the test procedure, DOE again              the space for later access. In the June
                                                        The statutory definition of a walk-in                stated that blast chillers and blast                  2014 final rule, DOE referenced a period
                                                     cooler is ‘‘an enclosed storage space                   freezers did not fall within the scope of             of 90 minutes when discussing the
                                                     refrigerated to temperatures,                           the energy conservation standards                     difference between process equipment
                                                     respectively, above, and at or below 32                 established for walk-ins in the June                  and walk-ins. See 79 FR at 32068. DOE
                                                     degrees Fahrenheit that can be walked                   2014 final rule. However, DOE                         considered whether the referenced time
                                                     into, and has a total chilled storage area              acknowledged at the time that it did not              period is appropriate to distinguish
                                                     of less than 3,000 square feet; however,                have a definition for ‘‘process’’ cooling             between a storage and process cooling
                                                     the terms do not include products                       in the context of walk-ins. (Docket No.               application. DOE has tentatively
                                                     designed and marketed exclusively for                   EERE–2011–BT–TP–0024, Heatcraft and                   determined, however, that the duration
                                                     medical, scientific, or research                        DOE, Public Meeting Transcript                        of time that contents are stored in the
                                                     purposes.’’ (42 U.S.C. 6311(20)) The use                (October 22, 2014), No. 0117 at pp. 61–               equipment is not an appropriate means
                                                     of the term ‘‘storage space’’ in the                    63)                                                   for excluding certain equipment from
                                                     definition raises questions about which                    DOE has considered process cooling                 the definition of walk-in cooler or walk-
                                                     refrigerated spaces would qualify as a                  more carefully in light of the Working                in freezer because there is no clear
                                                     ‘‘storage space’’ and thereby comprise                  Group’s request to develop clarifying                 standard demarcating a boundary
                                                     equipment subject to the walk-in                        definitions. DOE concludes that its                   between what does and does not
                                                     standards.                                              initial statements in the 2014 final rule             constitute storage. To the extent that
                                                        To address this ambiguity, Working                   that blast chillers and blast freezers are            this equipment is an enclosed
                                                     Group meeting participants asked DOE                    not walk-ins were in error. DOE now                   refrigerated space that can be used to
                                                     to add definitions to help clarify certain              believes that these categories of                     retain goods for an unspecified period of
                                                     refrigeration system applications. (See                 equipment, referred to as ‘‘process                   time and can be walked into with a
                                                     manufacturer-submitted material at                      cooling equipment’’ do fall under the                 chilled area less than 3,000 square feet
                                                     Docket No. EERE–2015–BT–STD–0016,                       EPCA definition for walk-ins and are,                 and is not designed and marketed
                                                     No. 0006 at p. 2 and Docket No. EERE–                   for the reasons that follow, subject to               exclusively for medical, scientific, or
                                                     2015–BT–STD–0016, Lennox, Public                        standards. DOE notes that it is                       research purposes, even if the goods are
                                                     Meeting Transcript (August 27, 2015),                   proposing an approach for process                     being interacted with/upon while in the
                                                     No. 0015 at pp. 96–97; and Docket No.                   cooling equipment that differs from the               chilled area (see 42 U.S.C. 6311(20)),
                                                     EERE–2015–BT–STD–0016, AHRI,                            component-based approach that applies                 DOE now considers this equipment to
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                                                     Public Meeting Transcript (December                     to other walk-ins.                                    be a walk-in. Hence, DOE is clarifying
                                                     15, 2015), No. 0060 at pp. 141–142) As                     In again reviewing DOE’s treatment of              that process cooling equipment,
                                                     part of the negotiated terms, DOE agreed                process cooling, DOE first considered                 including blast chillers and blast
                                                     to create walk-in-specific definitions for              whether process cooling equipment that                freezers, fall within the statutory
                                                     ‘‘process cooling,’’ ‘‘preparation room                 resembles walk-ins are indeed walk-ins                definition for walk-in coolers and
                                                     refrigeration,’’ and ‘‘storage space.’’ (See            as defined by EPCA. DOE has                           freezers.
                                                     Term Sheet at EERE–2015–BT–STD–                         tentatively determined that certain                      In light of this clarification of how
                                                     0016, No. 0056, Recommendation #7) In                   equipment marketed as blast chillers                  process-cooling applications fit within
                                                     the following paragraphs, DOE                           and/or blast freezers (and discussed in               the EPCA definition of WICF, DOE also


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                           54935

                                                     reviewed the applicability of the                       than developing standards applicable to               designed for storage applications
                                                     statutory standards for the three primary               the entire walk-in cooler or freezer, DOE             requiring that a specific temperature
                                                     walk-in components. Currently, panels,                  established performance-based                         level be maintained. The characteristics
                                                     doors, and refrigeration systems must                   standards for components, including                   of this process cooling equipment and
                                                     meet statutorily prescribed standards as                panels, doors, and refrigeration systems.             the basis for the proposed ‘‘process
                                                     set forth in 42 U.S.C. 6313(f) (codified                As part of this clarification, DOE                    cooling’’ definition is discussed in
                                                     at 10 CFR 431.306(a)–(b)). These                        considered whether these component-                   greater detail in the discussion that
                                                     statutorily prescribed standards apply to               level standards apply to process cooling              follows. DOE views equipment meeting
                                                     all regulated walk-in components used                   equipment.                                            this definition as exempt from the walk-
                                                     in any equipment that meets the                            As noted in this preamble, DOE does                in refrigeration system standards—both
                                                     definition of a WICF regardless of its                  not consider the panels and doors of                  those established in the June 2014 final
                                                     end-use application—subject to the                      process refrigeration walk-ins to be                  rule and those that DOE is proposing as
                                                     exceptions already noted in the                         unique from those of other walk-ins.                  part of a separate rulemaking to address
                                                     definition. Consequently, DOE is also                   DOE is unaware of any differences                     the vacated standards mentioned
                                                     clarifying in this rulemaking that WICF                 between the doors and panels used with                elsewhere in this document.
                                                     panels, doors, and refrigeration systems                standard walk-ins and those walk-ins                     Blast chillers and blast freezers are
                                                     used in process cooling applications are                used with process cooling applications,               examples of process cooling WICFs.
                                                     subject to the statutory design standards               and the analysis for these components                 Although there are other types of
                                                     and these components must be certified                  supporting the June 2014 final rule                   refrigeration that could be considered
                                                     as compliant with the applicable WICF                   standards included all such panels and                process cooling—for example, spiral
                                                     component-based standard.                               doors without regard to the application               chillers and freezers (where food is
                                                        Since DOE previously erred in                        in which they were installed.                         moved on a conveyor belt in a spiral
                                                     indicating that WICFs used exclusively                  Furthermore, DOE has no information                   around a central multi-directional
                                                     for process-cooling such as blast chilling              suggesting performance requirements                   cooling unit)—these other types are
                                                     and freezing are not subject to walk-in                 for these groups of equipment differ                  unlikely to be mistaken for a
                                                     regulations, DOE recognizes that                        from each other based on application.                 refrigeration system that would be
                                                     manufacturers may require time to                       Specifically, the rapid temperature pull-             subject to the walk-in standards because
                                                     comply with the statutorily prescribed                  down associated with process                          of clear and observable differences in
                                                     walk-in requirements. Consequently,                     equipment does not impose                             physical configuration, for this example,
                                                     WICF components used in process-                        performance requirements on the panels
                                                                                                                                                                   the spiral conveyor for the food
                                                     cooling WICFs and process-cooling                       and doors that are any different than the
                                                                                                                                                                   products of a spiral freezer resembles
                                                     WICFs manufactured prior to the final                   requirements for panels and doors of
                                                                                                                                                                   none of the subcomponents of other
                                                     rule would not be held to the statutory                 other walk-ins. Consequently, DOE
                                                                                                                                                                   walk-ins. On the other hand, blast
                                                     standards. Further, DOE will exercise its               considers the efficiency performance
                                                                                                                                                                   chillers and blast freezers superficially
                                                     enforcement discretion for 60 days after                standards for doors established in the
                                                                                                                                                                   resemble other walk-ins in outside
                                                     publication of the final rule, to allow                 2014 final rule to apply to WICFs used
                                                                                                                                                                   appearance and physical size—factors
                                                     manufacturers of WICF components that                   in process refrigeration applications.
                                                                                                                However, DOE recognizes that process               that make it plausible that these
                                                     are used exclusively in process cooling
                                                                                                             cooling refrigeration systems can be                  equipment might, without clarification
                                                     applications to comply and to certify
                                                     compliance with the applicable                          distinct from the refrigeration systems of            from DOE, be considered as covered by
                                                     statutory standard. DOE believes that                   other walk-ins. Specifically, process                 the walk-in standards. Thus, DOE
                                                     WICF panels and doors would already                     cooling refrigeration systems must be                 attempted to identify characteristics of
                                                     comply with the statutorily prescribed                  able to rapidly cool down and/or freeze               blast chillers and blast freezers that
                                                     standards because there are no door or                  the contents of a process cooling walk-               would clearly distinguish them from
                                                     panel designs exclusively associated                    in. In order to achieve rapid cooldown,               other walk-ins that must meet the
                                                     with process cooling equipment.                         process cooling WICF refrigeration                    applicable refrigeration system
                                                     Accordingly, none of these components                   systems have unique characteristics                   standards.
                                                     would have been impacted by DOE’s                       such as a higher refrigeration capacity                  One clear distinguishing
                                                     prior views regarding process cooling                   on a per volume basis and unit cooler                 characteristic is that the refrigeration
                                                     equipment. However, DOE understands                     designs that extend nearly the full                   system capacity of a blast chiller or
                                                     that refrigeration systems used in                      height of the WICF allowing the                       freezer is much higher relative to the
                                                     process cooling equipment such as blast                 discharge air to directly impinge on the              internal volume of the enclosure as
                                                     chilling and freezers have a specific set               product being cooled to enhance heat                  compared to other typical walk-ins. This
                                                     of operating requirements that could                    transfer. The temperature change                      is because the refrigeration load
                                                     require some level of redesign to enable                demanded of process cooling                           includes the large load associated with
                                                     them to comply with the statutorily                     refrigeration systems must be                         the required rapid cool-down of the
                                                     prescribed standards. DOE seeks                         accomplished within a certain amount                  product. In situations where the
                                                     comment on the enforcement discretion                   of time that is governed by restraints                refrigeration system is distributed in
                                                     timeframe from manufacturers of WICF                    such as health regulations that require               commerce with the rest of the blast
                                                     refrigeration systems used in process                   rapid cool-down of cooked food. This                  chiller or freezer components, it is easy
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                                                     cooling applications including any                      rate of cool-down typically cannot be                 to distinguish the refrigeration system
                                                     associated rationale about the level of                 achieved by the types of walk-in                      from those of other typical walk-ins on
                                                     redesign needed to comply with the                      refrigeration systems addressed by                    the basis of capacity versus cabinet size,
                                                     EPCA standards.                                         DOE’s rulemakings to date.                            because, for this situation, both the
                                                        In addition, DOE adopted a                           Consequently, DOE expects that at least               capacity and the cabinet size would be
                                                     component-based regulatory approach                     some process cooling refrigeration                    known. Therefore, DOE’s proposed
                                                     for walk-ins when it evaluated amended                  systems would be unable to meet the                   definition for process cooling includes a
                                                     energy conservation standards for                       walk-in standards, which are based on                 minimum ratio of capacity versus
                                                     WICFs in the July 2014 final rule. Rather               the performance of refrigeration systems              cabinet size in cases where the


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                                                     54936               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     refrigeration system is distributed in                  incorporates a qualifier on the physical                standards rulemaking. However,
                                                     commerce with the cabinet.                              dimensions of the unit cooler.4                         because having a clear way to
                                                        However, in cases where the                             DOE notes that the physical                          differentiate process cooling equipment
                                                     refrigeration system is distributed                     distinctions it found apply only to the                 from other walk-ins is essential to
                                                     separately and, consequently, the                       unit cooler and not to the condensing                   ensure clarity for manufacturers with
                                                     cabinet size may not be known, this                     unit. DOE has found no evidence that                    regard to whether the equipment it
                                                     definition would be insufficient. Hence,                condensing units used with blast                        manufactures would need to satisfy an
                                                     the ideal definition would also include                 chillers and freezers are materially                    applicable energy conservation
                                                     a way to determine whether the process                  different from those used with other                    standard, DOE seeks comment on the
                                                     cooling refrigeration system on its own                 refrigerated enclosures or that these                   proposed definition and any additional
                                                     is distinct from those of other typical                 condensing units have features that                     information that would help to
                                                     walk-ins that are shipped without their                 would make them unable to meet a                        delineate this equipment more clearly.
                                                     associated enclosures. DOE researched                   walk-in standard for dedicated
                                                     blast chiller and freezer data and found                condensers.                                                DOE does not intend for the proposed
                                                     that when evaluated independently of                       For the reasons outlined in this                     process cooling definition to have the
                                                     the cabinet size, refrigeration capacities              preamble, DOE proposes to define                        effect of excluding process cooling
                                                     for certain blast chillers and freezers fall            ‘‘walk-in process cooling refrigeration                 refrigeration from the definition of a
                                                     within the range of capacities of other                 system’’ as ‘‘a refrigeration system that               walk-in cooler or freezer. Process
                                                     walk-in refrigeration systems. Thus, it                 is used exclusively for cooling food or                 cooling refrigeration systems would
                                                     does not appear that process cooling                    other substances from one temperature                   remain subject to other walk-in-related
                                                     refrigeration systems can be                            to another. A process cooling                           regulations, such as the labeling
                                                     distinguished based on refrigeration                    refrigeration system must either (1) be                 requirements discussed in section III.B.5
                                                     capacity alone in cases where the                       distributed in commerce with an                         that DOE is considering, along with the
                                                     refrigeration system is distributed                     enclosure consisting of panels and                      prescriptive requirements for walk-ins
                                                     separately from the enclosure.                          door(s) such that the assembled product                 already prescribed by Congress in
                                                        For this reason, DOE also identified                 has a refrigerating capacity of at least                EPCA. See 42 U.S.C. 6313(f). A
                                                     physical characteristics of blast chiller               100 Btu/h per cubic foot of enclosed                    complete process cooler would also
                                                     and blast freezer refrigeration systems                 internal volume, or (2) be a unit cooler                need to be assembled using panels and
                                                     that would distinguish them from other                  having an evaporator coil that is at least              doors that comply with the applicable
                                                     refrigeration systems. First, some blast                four-and-one-half (4.5) feet in height                  requirements. See 42 U.S.C. 6313(f) and
                                                     chiller and freezer refrigeration systems               and whose height is at least one-and-                   10 CFR 431.306. DOE may also examine
                                                     consist of separate coil and fan                        one-half (1.5) times the width.’’ This                  the possibility of regulating the energy
                                                     assemblies, with the coil and the fan                   proposed definition would cover both                    efficiency of process cooling
                                                     placed during installation on opposite                  process cooling systems that are                        refrigeration systems at a later date, but
                                                     sides of the enclosure to more evenly                   distributed in commerce as part of a                    consideration of such regulation would
                                                     distribute the airflow. These types of                  complete assembly, process cooling unit                 also include consideration of alternative
                                                     systems would be excluded from the                      coolers that are distributed separately                 test procedures and/or equipment
                                                     standards because the equipment would                   from the enclosure, and refrigeration                   classes to address the different operating
                                                     not meet the proposed definition of a                   systems including unit coolers meeting                  and energy use characteristics of this
                                                     unit cooler—that is, a single assembly                  the process cooling definition.                         equipment.
                                                     that includes the fan(s) and coil(s). See                  These exclusions would apply to (a)
                                                     section III.A.1.e regarding DOE’s                       refrigeration systems sold as part of a                    DOE requests comment on the
                                                     proposed ‘‘unit cooler’’ definition.                    complete package, including the                         definition for process cooling
                                                     Second, for those blast chiller and                     insulated enclosure, and the                            refrigeration system. DOE also requests
                                                     freezer refrigeration systems for which a               refrigeration system for which the                      data or information on any other
                                                     single factory-assembled unit houses the                capacity per volume meets the proposed                  qualities, characteristics, or features
                                                     fans and evaporator coil, these systems                 process cooling definition, (b) dedicated               specific to the refrigeration system itself
                                                     are also distinct from unit coolers                     condensing systems sold as a matched                    (either mentioned in this section or not)
                                                     subject to the walk-in standards in that                pair in which the unit cooler meets the                 that would clearly distinguish process
                                                     they have a height that nearly fills the                requirements of the proposed process                    refrigeration from other refrigeration
                                                     vertical dimension of the insulated                     cooling definition, and (c) unit coolers                systems or would cause a certain
                                                     enclosure and have fans that are stacked                that meet the requirements of the                       process refrigeration system to be
                                                     on top of each other to blow air directly               proposed definition. DOE intends to                     unable to meet a walk-in refrigeration
                                                     onto the items being chilled or frozen.                 propose specific regulatory language                    system standard. DOE particularly
                                                     In comparison, unit coolers used in                     expressing these exclusions as part of its              requests data for condensing units
                                                     other walk-ins have a limited vertical                  concurrent energy conservation                          distributed individually; in the absence
                                                     dimension and have fans oriented side-                                                                          of any evidence that individual
                                                     by-side in the direction of the unit’s                    4 DOE is not proposing to distinguish process         condensing units designed for process
                                                     width (or have only one fan). These unit                cooling refrigeration systems on the basis of           refrigeration are fundamentally different
                                                                                                             evaporator fan power, evaporator air velocity, or
                                                     coolers are also generally installed so                 evaporator air flow, which are generally higher for     from other individual condensing units,
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                                                     that they blow air over the top of the                  these systems as compared with unit coolers used        DOE will have no basis for excluding
                                                     stored items—the height of this space in                predominately in other walk-ins. Evaporator fan         such condensing units from the scope of
                                                                                                             power, velocity, or air flow of a unit cooler could     the standards. Further, DOE requests
                                                     a walk-in may not be very high (in order                be atypically high for a number of reasons,
                                                     to maximize use of the available                        including the use of inefficient fans or motors, long   comment on the proposal to allow 60
                                                     space)—hence, the unit coolers and                      air ‘‘throw’’ distance, and other factors.              days after publication of the final rule
                                                     their fans are oriented horizontally                    Consequently, an approach based on the                  for manufacturers of process cooling
                                                                                                             evaporator’s fan power, air velocity, or air flow
                                                     instead of vertically. Consistent with                  alone would be inadequate to consistently
                                                                                                                                                                     refrigeration systems to attain
                                                     these findings, the proposed process                    distinguish process cooling from other refrigeration    compliance with the applicable
                                                     cooling refrigeration definition                        systems.                                                regulations.


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                                    54937

                                                     Preparation Room Refrigeration                          this type of refrigeration from other                 procedure did not include a test method
                                                        During the public meeting that DOE                   types used in walk-ins subject to                     for validating the performance of this
                                                     held in October 2014 to clarify aspects                 standards. Furthermore, DOE has not                   feature. Instead, the method applied
                                                     of the test procedure, Heatcraft, a                     found evidence that this refrigeration                standardized values for the energy use
                                                     refrigeration system manufacturer,                      system would have undue difficulty                    and heat load associated with hot gas
                                                     asked whether preparation rooms are                     meeting a standard when rated using the               defrost in the calculations to determine
                                                     also excluded from the definition of                    DOE test procedure. Although these                    AWEF. See 79 FR at 27400 (May 13,
                                                     walk-ins. DOE could not at the time                     units may have electric or gas defrost,               2014). During the first Working Group
                                                     determine whether refrigeration systems                 their operating temperature would place               meeting, Lennox (representing a caucus
                                                     designed for this application should be                 them in the medium-temperature class,                 of manufacturers) requested that DOE
                                                                                                             and the test procedure (both the current              remove hot gas defrost as a design
                                                     categorically excluded. (Docket No.
                                                                                                             test procedure and the test procedure as              option in the energy conservation
                                                     EERE–2011–BT–TP–0024, Heatcraft,
                                                                                                             proposed in this notice) adds no energy               standard analysis for a number of
                                                     Public Meeting Transcript (October 22,
                                                                                                             use associated with defrost for medium-               reasons, including (a) the lack of any
                                                     2014), No. 0117 at pp. 61–63)
                                                        DOE further investigated this                        temperature systems. Thus, the defrost                method for measuring the true energy
                                                                                                             energy would not be measured under                    benefit of this feature, (b) the lack of test
                                                     refrigeration application as part of its
                                                                                                             the test procedure and not be factored                data and research supporting the energy
                                                     effort to define ‘‘preparation room
                                                                                                             into the unit’s rating.                               credit in the DOE test procedure, (c)
                                                     refrigeration’’ in accordance with the
                                                                                                               DOE requests comment on the                         installation and serviceability issues
                                                     Term Sheet. Commercial and industrial
                                                                                                             proposed definition for preparation                   such as an increase in refrigerant leaks,
                                                     food sales and food service
                                                                                                             room refrigeration. DOE requests                      and (d) energy penalties for hot gas
                                                     establishments often prepare food
                                                                                                             comment on any other characteristics of               defrost in installed systems that would
                                                     (primarily meat) in spaces that are
                                                                                                             preparation room refrigeration that (1)               not be captured in the test procedure
                                                     refrigerated and can be walked into,
                                                                                                             clearly distinguishes it from walk-in                 credit. (Docket No. EERE–2015–BT–
                                                     making the distinction between these
                                                                                                             refrigeration systems and (2) would                   STD–0016, Lennox, Public Meeting
                                                     spaces and walk-ins unclear. Similar to                                                                       Transcript (August 27, 2015), No. 0015
                                                     the process refrigeration definition                    cause this equipment to be unable to
                                                                                                             meet a walk-in refrigeration standard.                at pp. 94–95; see also manufacturer-
                                                     discussed earlier, DOE sought to                                                                              submitted material at Docket No. EERE–
                                                     identify characteristics of preparation                 Storage Space                                         2015–BT–STD–0016, Working Group
                                                     room refrigeration equipment that                                                                             Meeting Materials, No. 0006 at p. 1) In
                                                     would distinguish it from walk-in                          Finally, consistent with the Term
                                                                                                             Sheet, DOE is proposing to define                     a subsequent meeting, other members of
                                                     refrigeration equipment. An engineering                                                                       the Working Group again noted that
                                                     manual published by Heatcraft notes                     ‘‘refrigerated storage space’’ in the
                                                                                                             context of the current definition for a               there was a lack of data to support the
                                                     that preparation room refrigeration                                                                           credit. (Docket No. EERE–2015–BT–
                                                     loads are sized to account for personnel                walk-in as follows: The term
                                                                                                             ‘‘refrigerated storage space’’ would be               STD–0016, Rheem, Public Meeting
                                                     and processing equipment; the                                                                                 Transcript (September 11, 2015), No.
                                                     evaporator ‘‘should be [a] low outlet                   defined to mean ‘‘a space held at
                                                                                                             refrigerated (as defined in 10 CFR                    0061 at p. 40–41 and Lennox, id. at pp.
                                                     velocity type to avoid drafts and should                                                                      44–46) Hussmann also claimed that
                                                     be selected for continuous operation                    431.302) temperatures.’’ DOE is aware
                                                                                                             that this definition does not delineate a             DOE’s assigned value of zero energy use
                                                     and not less than 30 °F evaporator                                                                            for hot gas defrost in multiplex
                                                     temperature.’’ (Docket No. EERE–2016–                   difference between equipment that is
                                                                                                             subject to standards and equipment that               condensing systems was not correct
                                                     BT–TP–0030, No. 0001 at p. 19) A                                                                              because hot gas defrost would affect the
                                                     manufacturer had also commented                         is not subject to standards, but believes
                                                                                                             that the previous discussions on process              system’s energy efficiency ratio (‘‘EER’’).
                                                     during the previous rulemaking (ending                                                                        Hussmann noted that the EER in the test
                                                     in the June 2014 final rule) that meat                  refrigeration and preparation room
                                                                                                             refrigeration sufficiently indicate what              procedure is based on a system with
                                                     processing rooms in particular have                                                                           electric defrost, but systems with hot gas
                                                     electric or hot gas defrost even when                   types of equipment are or are not subject
                                                                                                             to standards.                                         defrost may experience a reduction in
                                                     they are designed for room temperatures                                                                       the overall system efficiency.5 (Docket
                                                     above 32 degrees Fahrenheit. (Docket                       DOE requests comment on the
                                                                                                             proposed definition for ‘‘refrigerated                No. EERE–2015–BT–STD–0016,
                                                     No. EERE–2008–BT–STD–0015,                                                                                    Hussmann, Public Meeting Transcript
                                                     Hussmann, No. 0093 at p. 9)                             storage space.’’ DOE requests comment
                                                                                                             on whether any further clarification is               (September 11, 2015), No. 0061 at p. 42)
                                                        Based on these characteristics, DOE is                                                                     (See also manufacturer-submitted
                                                     proposing to define ‘‘preparation room                  needed to clearly distinguish equipment
                                                                                                             that is subject to the standard from                  comments (Docket No. EERE–2015–BT–
                                                     refrigeration’’ as referring to ‘‘a unit                                                                      STD–0016, No. 0008 at pp. 15–17))
                                                     cooler that is designed for use in a room               equipment that is not.
                                                                                                                                                                      At the September 30, 2015 Working
                                                     occupied by personnel who are                           2. Refrigeration System Test Procedure                Group meeting, DOE presented test data
                                                     preparing food and that is characterized                Modifications                                         and additional analysis in response to
                                                     by low outlet air velocity, evaporator                                                                        Working Group member concerns. The
                                                                                                             a. Hot Gas Defrost
                                                     temperature between 30 and 55 degrees                                                                         data and analysis showed that the credit
                                                     Fahrenheit, and electric or hot gas                       DOE proposes to amend the current                   for hot gas defrost in the test procedure
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                                                     defrost.’’                                              test procedure by removing the method                 is consistent with the measured benefit
                                                        While DOE is proposing to define this                for calculating the defrost energy and                for a condensing unit operating in an
                                                     type of refrigeration system, this                      heat load of a system with hot gas
                                                     equipment would not be exempt from                      defrost. The May 2014 test procedure                    5 Depending on how hot gas defrost is

                                                     the applicable standards under this                     rule established a calculation to                     implemented in a multiplex system, there are a
                                                     proposal. Some of the system’s                          represent the efficiency improvement of               number of factors which could cause additional
                                                                                                                                                                   energy use in the system and/or increase head
                                                     characteristics, such as low air velocity               hot gas defrost as a credit applied to any            pressure, which would reduce the EER of the
                                                     and a relatively high evaporating                       low-temperature refrigeration system                  system and therefore indirectly increase the overall
                                                     temperature, do not clearly distinguish                 that has the feature. The amended test                system energy use.



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                                                     54938               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     ambient air temperature of 90 °F.                       Transcript (October 15, 2015), No. 0062               defrost testing at frost load conditions is
                                                     (Docket No. EERE–2015–BT–STD–0016,                      at pp. 215–226)                                       not conducted, the energy use of defrost
                                                     Public Meeting Presentation (September                     As part of the negotiated terms, DOE               under frost load conditions shall be set
                                                     30, 2015), No. 0007 at pp. 10–17)                       agreed to remove the calculation                      to a percentage of the energy use of
                                                     However, Rheem observed that this                       method for determining the benefit of                 defrost under dry coil conditions, and
                                                     credit-based approach may not reflect                   hot gas defrost from the test procedure.              the number of defrosts per day under
                                                     annual average impact, because hot gas                  See Term Sheet at EERE–2015–BT–                       the frost load conditions shall be set to
                                                     defrost performance is affected by                      STD–0016, No. 56, recommendation #3.                  4. (10 CFR 431.304(c)(10)(ix)) Thus, if a
                                                     outdoor temperature. (Docket No.                        The regulatory text in this proposed rule             manufacturer were to use the default
                                                     EERE–2015–BT–STD–0016, Rheem,                           reflects this change. With this change,               values in the test procedure in lieu of
                                                     Public Meeting Transcript (September                    manufacturers of refrigeration systems                testing a system with adaptive defrost,
                                                     30, 2015), No. 0067 at pp. 76 and 81)                   with hot gas defrost will be unable to                the total number of defrosts per day
                                                     Hussmann added that many hot gas                        test or rate the performance of the                   would be 2.5—the average of 1 and 4.
                                                     defrost systems incorporated in single-                 feature with the DOE test procedure.                  Similar to hot gas defrost, the current
                                                     compressor dedicated condensing                         Therefore, in a separate rulemaking in                test procedure does not require
                                                     refrigeration systems do not work                       which DOE is proposing standard levels                performance verification of adaptive
                                                     properly at ambient temperatures below                  for walk-in refrigeration systems, DOE is             defrost to obtain the credit.
                                                     40 °F. (Docket No. EERE–2015–BT–                        not evaluating hot gas defrost as an                     Given the number of possible ways
                                                     STD–0016, Hussmann, Public Meeting                      option for manufacturers to meet the                  manufacturers could implement
                                                     Transcript (September 30, 2015), No.                    proposed standards. Nevertheless, DOE
                                                                                                                                                                   adaptive defrost, Working Group
                                                     0067 at p. 83) Rheem also pointed out                   continues to believe that hot gas defrost
                                                                                                                                                                   meeting participants suggested that DOE
                                                     that some unit coolers use both hot gas                 systems can reduce energy use and that
                                                                                                                                                                   clearly define this term to specify which
                                                     and electric defrost and that the test                  their inclusion as part of an accepted
                                                                                                                                                                   types of systems would be allowed to
                                                     procedure’s credit does not distinguish                 test method to report their energy
                                                                                                                                                                   obtain the credit in the test procedure,
                                                     between hot gas defrost systems that                    efficiency impact would benefit the
                                                                                                                                                                   and to avoid loopholes in which a
                                                     provide pan heating using electric                      public by illustrating these systems’
                                                                                                                                                                   manufacturer might claim the benefit for
                                                     heaters from those systems that provide                 energy savings potential. DOE
                                                                                                                                                                   a given system with minimal cost
                                                     hot gas pan heating. The credit as                      encourages interested parties to
                                                                                                                                                                   impact but that would not have the
                                                     applied assumes that there is no electric               consider development of such test
                                                                                                             methods for potential future inclusion                associated savings realized in the field.
                                                     heating, but Rheem noted that in many                                                                         As discussed in section III.A.1.g, several
                                                     applications the drain pan has electric                 into DOE’s test procedures.
                                                                                                                DOE requests comments on its                       Working Group members and other
                                                     defrost even if the rest of the system                                                                        attendees—AHRI, Emerson, Lennox,
                                                                                                             proposal to remove from the test
                                                     uses hot gas defrost. (Docket No. EERE–                                                                       Hussmann, McHugh Energy, HTPG, and
                                                                                                             procedure the credit-based method for
                                                     2015–BT–STD–0016, Rheem, Public                                                                               ASAP—provided input on a possible
                                                                                                             calculating the efficiency benefit of hot
                                                     Meeting Transcript (September 30,                                                                             definition, but remained concerned that
                                                                                                             gas defrost.
                                                     2015), No. 0067 at pp. 90–91) DOE notes                                                                       the definition would still not adequately
                                                     that the amended test procedure from                    b. Adaptive Defrost                                   define this feature in a way to ensure
                                                     the May 2014 test procedure rule did                       Consistent with the recommendations                that all systems meeting the definition
                                                     not define hot gas defrost or provide an                made during the Working Group                         would produce an efficiency
                                                     indication of what percentage of defrost                negotiations, DOE is proposing to                     improvement consistent with the test
                                                     heat must be provided by hot gas defrost                amend the test procedure so that the                  procedure credit. (Docket No. EERE–
                                                     for a system to be eligible for the credit.             provisions for assigning a benefit to                 2015–BT–STD–0016, various parties,
                                                     See 79 FR 27388. Lennox further                         adaptive defrost cannot be used to                    Public Meeting Transcript for December
                                                     recommended that DOE’s engineering                      certify compliance with the energy                    3, 2015 Meeting, No. 0057 at pp. 130–
                                                     analysis should account for a 2-psi                     conservation standard. AHRI 1250–                     153) Ultimately, DOE suggested that
                                                     suction line pressure drop to account for               2009, the test procedure incorporated by              certified ratings and standards should
                                                     the presence of the reversing valve that                reference, includes an optional test for              be based on equipment not having the
                                                     is used in many hot gas defrost systems                 a system with adaptive or demand                      feature, although the test procedure
                                                     to enable use of the feature. (Docket No.               defrost. That test specifies that the                 could still include a rating method to
                                                     EERE–2015–BT–STD–0016, Lennox,                          system shall be operated at dry coil                  allow manufacturers to make
                                                     Public Meeting Transcript (September                    conditions to establish the maximum                   representations regarding improved
                                                     30, 2015), No. 0067 at p. 90)                           time interval allowed between dry coil                performance for equipment having the
                                                        DOE revised its analysis to address                  defrosts. The measured time between                   feature. (Id.) The Term Sheet included
                                                     these Working Group comments.                           dry coil defrosts is averaged with the                a definition for adaptive defrost (see
                                                     Specifically, DOE implemented changes                   time between defrosts under the frosted               supra, section III.A.1.g), but also
                                                     to the engineering analysis, including                  coil conditions, and this average is used             specified that manufacturers should be
                                                     accounting for the reversing valve                      as the number of defrosts per day in                  required to certify compliance to DOE
                                                     pressure drop, effects on the EER of a                  subsequent energy calculations. (See                  for walk-in refrigeration basic models
                                                     multiplex condensing system associated                  appendix C, section C11.2 of AHRI                     without adaptive defrost, and that
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                                                     with an increase in head pressure, and                  1250–2009.) DOE’s May 2014 test                       compliance with the applicable walk-in
                                                     an adjustment of cost assumptions. DOE                  procedure final rule further allowed that             refrigeration system standard should be
                                                     presented these analysis updates in the                 in lieu of conducting the optional test,              assessed based on systems without
                                                     following public meeting. (Docket No.                   the number of defrosts per day is set to              adaptive defrost. The Term Sheet also
                                                     EERE–2015–BT–STD–0016, DOE, Public                      the average of 1 and the number of                    recommended that manufacturers be
                                                     Meeting Presentation (October 15,                       defrosts per day is calculated under the              permitted to make representations of the
                                                     2015), No. 0026 at pp. 31–39; see also                  frost load conditions. (10 CFR                        energy efficiency or consumption for a
                                                     Docket No. EERE–2015–BT–STD–0016,                       431.304(c)(10)(x)) The May 2014 test                  basic model using adaptive defrost,
                                                     various parties, Public Meeting                         procedure rule also specified that if                 provided that the improved efficiency


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                             54939

                                                     for this basic model is also certified to               to adopt these changes to the test                      device’s nameplate. If the device does
                                                     DOE. See Term Sheet at EERE–2015–                       procedure.6                                             not have a nameplate or such nameplate
                                                     BT–STD–0016, No. 0056,                                                                                          does not list the device’s power, then
                                                                                                             B. Actions To Facilitate Implementation
                                                     Recommendations #2 and #4.                                                                                      the rated power must be read from the
                                                                                                             of Energy Conservation Standards
                                                                                                                                                                     device’s product data sheet.’’
                                                     c. On-Cycle Variable-Speed Evaporator                   1. Re-organization and Clarification of                    For each basic model of walk-in door
                                                     Fan Control                                             the Test Procedure for Walk-In                          that has an electricity consuming
                                                                                                             Refrigeration Systems, Doors, and                       device(s) for which rated power is taken
                                                        As noted in section III.A.1.e, the                                                                           from a product data sheet, the walk-in
                                                                                                             Panels
                                                     majority of unit coolers that would be                                                                          door manufacturer must retain the
                                                     rated individually (i.e., as though they                   Other than the test procedure changes
                                                                                                             proposed in section III.A.2, DOE is also                product data sheet as part of the test
                                                     were paired with multiplex condensing                                                                           data underlying the walk-in door’s
                                                     systems) are, in fact, installed in                     proposing to amend the regulatory text
                                                                                                             to clarify the test procedure for                       certification report.
                                                     dedicated condensing applications, and                                                                             To further clarify the walk-in test
                                                     most dedicated condensing applications                  refrigeration systems, doors, and panels.
                                                                                                                                                                     procedure, DOE proposes to add a new
                                                     are single-capacity systems. On-cycle                   The proposed changes focus on re-
                                                                                                                                                                     Appendix B to Subpart R of Part 431.
                                                     variable-speed evaporator fans as a                     organizing the test procedure into three
                                                                                                                                                                     This appendix would include the
                                                                                                             separate appendices, one for each of the
                                                     design option would save energy only                                                                            currently prescribed method of
                                                                                                             metrics used to establish energy
                                                     when they are part of a multi- or                                                                               measuring the R-value found in 10 CFR
                                                                                                             conservation standards for walk-in
                                                     variable-capacity system. This option                                                                           431.304. Specifically, DOE proposes to
                                                                                                             components. In addition, DOE proposes                   move the provisions found at 10 CFR
                                                     would improve the measured efficiency                   to clarify some of the definitions and
                                                     of a stand-alone unit cooler using the                                                                          431.304(b) and (c) into Appendix B.
                                                                                                             terminology used in the test procedure.                 DOE also proposes to add the definition
                                                     current test procedure, which is                           Currently, Appendix A to Subpart R
                                                     conducted for stand-alone unit coolers                                                                          of ‘‘edge region’’ that was previously
                                                                                                             of Part 431 contains the procedure for
                                                     as if they were used in multiplex                                                                               located in Appendix A to Subpart R of
                                                                                                             measuring energy consumption (in
                                                     applications. However, the savings                                                                              Part 431 to Appendix B, as this
                                                                                                             kWh/day) for display and non-display
                                                     predicted for this design option by the                                                                         definition is relevant to the R-value test
                                                                                                             doors. DOE proposes to revise Appendix
                                                     test procedure would not be achieved in                                                                         method.
                                                                                                             A to remove definitions and references                     Finally, DOE proposes to add a new
                                                     the majority of field installations, which              related to walk-in panels, as these are                 Appendix C to Subpart R of Part 431
                                                     use single-stage dedicated condensing                   not relevant to this procedure.                         and include in this appendix the test
                                                     units. Accordingly, manufacturers in the                Specifically, DOE proposes to remove                    method for refrigeration systems. Within
                                                     Working Group objected to including in                  (1) the definitions of ‘‘core region’’ and              Appendix C, DOE further organizes its
                                                     the analysis design options that would                  ‘‘edge region’’ and (2) the subfloor                    discussion of test procedures in terms of
                                                     not be useful to the majority of end-                   temperature listed in Table A.1 of                      the three refrigeration system
                                                     users. (Docket No. EERE–2015–BT–                        Appendix A. DOE proposes to amend                       configuration types that it addresses:
                                                     STD–0016, No. 0006 at p. 1 and Docket                   the definition of ‘‘surface area’’ to                   Refrigeration systems distributed in
                                                     No. EERE–2015–BT–STD–0016, various                      remove the example referencing walk-in                  commerce as matched pairs (including
                                                     parties, Public Meeting Transcript for                  panels and amend the definition of                      packaged dedicated systems); unit
                                                     September 11, 2015 Meeting, No. 0061                    ‘‘rating condition’’ to remove the                      coolers distributed in commerce
                                                     at pp. 56–72)                                           discussion of internal walk-in                          individually; and condensing units
                                                        The Working Group ultimately                         components. These amendments are                        distributed in commerce individually.
                                                     recommended that manufacturers be                       intended to clarify Appendix A and do                   Within Appendix C, DOE is specifying
                                                     required to make representations,                       not substantively change the DOE test                   that walk-in refrigeration systems be
                                                     including certifications of compliance to               procedure for measuring energy                          tested using AHRI 1250–2009, the test
                                                     DOE, of the energy efficiency or energy                 consumption of walk-in doors.                           procedure incorporated by reference in
                                                                                                                To address questions from the                        10 CFR 431.303, and adding
                                                     consumption of walk-in refrigeration
                                                                                                             Working Group regarding how to                          modifications to the rule. One
                                                     systems without the inclusion of on-
                                                                                                             calculate door power usage, DOE                         subsection contains the general
                                                     cycle variable-speed fans. See Term                     proposes to define ‘‘rated power,’’ a
                                                     Sheet at EERE–2015–BT–STD–0016, No.                                                                             modifications to the test conditions and
                                                                                                             term used in section 4.4.2(b) and                       tolerances within the industry test
                                                     0056, Recommendation #4. Likewise,                      4.5.2(b) of Appendix A to Subpart R to
                                                     they recommended that compliance                                                                                procedure that were promulgated in the
                                                                                                             Part 431. In the January 4, 2010 test                   May 2014 test procedure rule, a second
                                                     with the applicable walk-in refrigeration               procedure NOPR for walk-ins, DOE
                                                     system standard should be assessed                                                                              contains general modifications to the
                                                                                                             explained that the term ‘‘rated power’’                 method of test, while the remaining
                                                     without using this feature. As part of                  must be read from each electricity                      subsections address modifications that
                                                     this approach, manufacturers would be                   consuming device’s product data sheet                   are specific to the system configuration
                                                     permitted to make representations of the                or nameplate. 75 FR 186, 199.                           types.
                                                     energy efficiency or consumption for a                  Consistent with this prior explanation,                    DOE is also proposing to correct a
                                                     unit cooler basic model using on-cycle                  and to address scenarios where                          small number of typographical errors in
                                                     variable-speed fans as measured in                      nameplate information is unavailable,
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                                                                                                                                                                     the regulatory text. A table currently in
                                                     accordance with the DOE test                            DOE is proposing to define this term as                 10 CFR 431.304(c)(10)(xv), replacing
                                                     procedure, provided that the additional                 referring to ‘‘the electricity consuming                Table 16 in AHRI 1250–2009, has
                                                     represented value has been certified to                 device’s power as specified on the                      incorrect values for saturated suction
                                                     DOE per 10 CFR 429.12. Id. However,                                                                             temperature. The suction A and suction
                                                     the benefit from using these                              6 DOE notes that it did not consider these
                                                                                                                                                                     B temperatures should be ¥20 °F and
                                                     technologies would not be factored                      technologies in its supporting analysis regarding the
                                                                                                             dedicated condensing (low-temperature) and
                                                                                                                                                                     ¥26 °F, respectively. Also, an equation
                                                     when determining compliance with the                    multiplex condensing refrigeration system               currently in 10 CFR 431.304(c)(12)(ii)
                                                     proposed standard. Id. DOE is proposing                 standards that it is planning to propose separately.    for defrost heat load contribution


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                                                     54940               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     divides by 3.412 Btu/W-h, but should                    (i.e., part 1 of the definition of a                  —Manufacturers of walk-in cooler or
                                                     multiply by 3.412 Btu/W-h.                              manufacturer of a walk-in cooler or                      walk-in freezer panels must report the
                                                                                                             walk-in freezer) is the entity that                      R-value of the insulation.
                                                     2. Representation Requirements                                                                                —Manufacturers of refrigeration systems
                                                                                                             manufactures, produces, assembles or
                                                        DOE is proposing to amend the                        imports a walk-in panel, door or                         for walk-ins must report each motor’s
                                                     representation requirements for                         refrigeration system. A manufacturer of                  purpose (that is, whether the motor is
                                                     refrigeration systems to clarify how to                 a walk-in component is responsible for                   an evaporator fan motor or a
                                                     apply the test procedure to the range of                ensuring the compliance of the                           condenser fan motor), the motor’s
                                                     possible kinds of refrigeration systems.                component(s) it manufactures. DOE                        horsepower, and a declaration that the
                                                     Specifically, DOE is proposing to direct                requires a manufacturer of a walk-in                     manufacturer has incorporated the
                                                     manufacturers of unit coolers, dedicated                component to certify the compliance of                   applicable design requirements.
                                                     condensing units, package dedicated                     the components it manufactures.                          DOE generally plans to retain these
                                                     systems, and matched refrigeration                         A manufacturer of a complete walk-in               existing requirements. However, DOE
                                                     systems to the appropriate subsections                  (i.e., part 2 of the definition of a                  proposes to amend the provisions at 10
                                                     of Appendix C to Subpart R of Part                      manufacturer of a walk-in cooler or                   CFR 429.12(b)(6) that require walk-in
                                                     431—the DOE test procedure for                          walk-in freezer) is the entity that                   manufacturers to submit the basic
                                                     refrigeration systems. DOE is also                      manufactures, produces, assembles or                  model number for each walk-in brand.
                                                     proposing to specify that it is not                     imports a walk-in cooler or freezer (i.e.,            Instead, DOE proposes that for each
                                                     necessary to rate a matched refrigeration               an enclosed storage space meeting the                 brand, a walk-in manufacturer must
                                                     system if the constituent unit cooler(s)                definition of a walk-in cooler or freezer).           submit both the basic model number
                                                     and dedicated condensing unit have                      In some cases, this may be an                         and the manufacturer’s individual
                                                     been tested and rated separately.                       ‘‘installer.’’ Although DOE does not                  model number(s). DOE elected to limit
                                                     However, if a manufacturer wishes to                    require a manufacturer of a complete                  walk-in manufacturer’s reporting
                                                     represent the efficiency of the matched                 walk-in to certify the compliance of the              requirements in a March 2011
                                                     refrigeration system as distinct from the               ‘‘box’’ as a whole, a manufacturer of a               rulemaking revising DOE’s certification,
                                                     efficiency of either constituent                        complete walk-in must ensure that the                 compliance, and enforcement
                                                     component, or if the manufacturer                       walk-in meets applicable statutory and/               regulations for certain consumer
                                                     cannot rate one or both of the                          or regulatory standards. If a                         products and commercial and industrial
                                                     constituent components using the                        manufacturer of a complete walk-in also               equipment including walk-ins. At the
                                                     specified method (e.g., if the system has               meets part 1 of the definition (i.e., also            time, DOE stated it did not have
                                                     a variable-capacity condensing unit,                    manufactures individual components),                  sufficient information to determine
                                                     thereby preventing the manufacturer                     then it must certify the compliance of                whether reporting of individual model
                                                     from being able to test the condensing                  the components it manufactures.                       numbers for walk-in components was
                                                     unit individually), the manufacturer                    Compliance responsibilities for                       feasible, but that it would revisit this
                                                     must test, represent, and certify the                   manufacturers of complete walk-ins are                issue in a future rulemaking. 76 FR
                                                     matched refrigeration system as                         discussed in more detail later in this                12422, 12446 (March 7, 2011). Since the
                                                     specified in this section. A component                  section.                                              March 2011 rulemaking, manufacturers
                                                     that is part of a certified matched pair                                                                      have routinely submitted both basic
                                                     and that has not been rated individually                a. Manufacturers of Walk-in
                                                                                                                                                                   model numbers and individual model
                                                     cannot be sold individually, nor can it                 Components
                                                                                                                                                                   numbers for walk-in refrigeration
                                                     be sold as part of a different matched                    A manufacturers of a walk-in                        systems, panels, and doors. The
                                                     pair (that is, with a different component               component must ensure that the                        collected information suggests that it is
                                                     matched to it) unless that new matched                  component(s) meet applicable                          feasible for manufacturers to certify both
                                                     pair has also been tested and certified.                standard(s). DOE is proposing to                      basic model numbers and individual
                                                        DOE requests comment on the revised                  maintain its current component-based                  model numbers for each brand.7
                                                     representation requirements.                            approach for compliance certification.                Accordingly, this proposal would
                                                        See section V.E for a list of issues on
                                                                                                             Manufacturers of walk-in components                   require that a walk-in manufacturer
                                                     which DOE seeks comment.
                                                                                                             must currently submit a certification                 provide individual model number(s) as
                                                     3. Certification and Compliance                         report to the Department as described in              part of its reporting submission.
                                                     Requirements                                            10 CFR 429.12 and 10 CFR 429.53(b) to                    In this NOPR, DOE also proposes to
                                                        A manufacturer of a walk-in cooler or                certify compliance with the standards                 add reporting requirements for both the
                                                     walk-in freezer is any person who: (1)                  for which compliance is currently                     standards promulgated in the June 2014
                                                     Manufactures a component of a walk-in                   required. Namely:                                     final rule (with a June 2017 compliance
                                                     cooler or walk-in freezer that affects                  —Manufacturers of doors for walk-in                   date) and for the forthcoming proposed
                                                     energy consumption, including, but not                    coolers or walk-in freezers must                    standards for certain equipment classes
                                                     limited to, refrigeration, doors, lights,                 report the door type, R-value of the                of walk-in refrigeration systems that will
                                                     windows, or walls; or (2) manufactures                    door insulation, and a declaration that             be defined in a separate energy
                                                     or assembles the complete walk-in                         the manufacturer has incorporated the               conservation standards rulemaking (see
                                                     cooler or walk-in freezer. 10 CFR                         applicable design requirements. In                  Docket No. EERE–2015–BT–STD–0016).
                                                                                                                                                                      In addition to the reporting
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                                                     431.302.                                                  addition, manufacturers of
                                                        Several of the statutory standards, as                 transparent reach-in doors and                      requirements defined in 10 CFR
                                                     well as DOE’s 2014 standards and any                      windows for walk-ins must report the                429.53(b), DOE proposes to require
                                                     energy conservation standards that DOE                    glass type of the doors and windows                 certification reports to include the
                                                     may adopt in its separate ongoing                         (such as double-pane with heat                      following public product-specific
                                                     rulemaking (see Docket No. EERE–                          reflective treatment or triple-pane                   7 Public certification information for walk-in
                                                     2015–BT–STD–0016) apply to specific                       glass with gas fill), as well as the                refrigeration systems, panels, and doors can be
                                                     components of a walk-in. A                                power draw of the antisweat heater in               found at https://www.regulations.doe.gov/
                                                     manufacturer of a walk-in component                       watts per square foot of door opening.              certification-data/.



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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                             54941

                                                     information to show compliance with                       As discussed in more detail in III.B.5,                DOE also proposes to add an
                                                     the amended energy conservation                         DOE is proposing several provisions to                explanation of how the Department
                                                     standards:                                              help manufacturers of complete walk-                  verifies refrigeration capacity for walk-
                                                     —Doors: Rated energy consumption,                       ins, who are not manufacturers of walk-               in refrigeration systems to 10 CFR
                                                       and rated surface area in square feet.                in components, ensure compliance with                 429.134. The refrigeration capacity of
                                                     —Refrigeration systems: Rated annual                    the standards. In addition to the                     the basic model will be measured
                                                       walk-in energy factor (AWEF), rated                   component requirements for which DOE                  pursuant to the test requirements of 10
                                                       net capacity, and the configuration                   requires certification (doors, panels, and            CFR part 431 for each unit tested. The
                                                       tested for certification (e.g.,                       refrigeration systems), walk-ins                      results of the measurement(s) will be
                                                       condensing unit only, unit cooler                     generally must: Have automatic door                   averaged and compared to the value of
                                                       only, or matched pair).                               closers; have strip doors, spring hinged              refrigeration capacity certified by the
                                                       To enable DOE to verify a door’s                      doors, or other method of minimizing                  manufacturer. The certified refrigeration
                                                     represented energy consumption, DOE                     infiltration when doors are open; and                 capacity will be considered valid only if
                                                     proposes to require door manufacturers                  for all interior lights, use light sources            the average measured refrigeration
                                                     to certify additional product specific                  with an efficacy of 40 lumens per watt                capacity is within 5 percent of the
                                                     information that would not be                           or more. It is the responsibility of the              certified refrigeration capacity. If the
                                                     published on the DOE Web site.                          manufacturer of the complete walk-in to               certified refrigeration capacity is found
                                                     Specifically, DOE proposes to require                   ensure that the walk-in incorporates                  to be valid, that refrigeration capacity
                                                     door manufacturers to certify the rated                 these design features.                                will be used as the basis for calculating
                                                     power of each light, heater wire, and                     DOE seeks comment on the proposed                   annual energy consumption for the
                                                     other electricity consuming device                      additions to the reporting requirements.              basic model. If the certified refrigeration
                                                     associated with each model of display                   See section V.E for a list of issues on               capacity is found to be invalid, the
                                                     and non-display door and whether the                    which DOE seeks comment.                              average measured refrigeration capacity
                                                     device(s) has a timer, control system, or                                                                     will serve as the basis for calculating
                                                                                                             4. Enforcement Provisions
                                                     other demand-based control reducing                                                                           annual energy consumption for the
                                                     the device’s power consumption.                         a. Sampling Plan for Enforcement                      basic model.
                                                       If adopted, these reporting                           Testing of Covered Equipment and                         Further, DOE proposes to specify how
                                                     requirements would need to be used by                   Certain Low-Volume Covered Products                   DOE will verify the surface area for
                                                     walk-in component manufacturers when                      DOE is proposing to include walk-ins                walk-in display doors and non-display
                                                     certifying compliance with the amended                  to the list of equipment subject to the               doors in 10 CFR 429.134. The certified
                                                     energy conservation standards for doors                 enforcement testing sampling plan for                 surface area will be considered valid
                                                     refrigeration systems.                                  covered equipment found in Appendix                   only if the average measured surface
                                                                                                             B of Subpart C of Part 429.                           area of the door is within 1 percent of
                                                     b. Manufacturers of Complete Walk-Ins
                                                                                                                                                                   the certified surface area. If the certified
                                                        Although DOE does not require                        b. Equipment-Specific Enforcement
                                                                                                                                                                   surface area is found to be valid, that
                                                     manufacturers of complete walk-ins to                   Provisions
                                                                                                                                                                   surface area will be used as the basis for
                                                     submit certification reports, a                            DOE proposes to add specific                       calculating maximum energy
                                                     manufacturer of a complete walk-in                      enforcement provisions for walk-in                    consumption for the basic model. If the
                                                     must ensure that each walk-in it                        refrigeration systems to 10 CFR 429.134.              certified surface area is found to be
                                                     manufactures meets the various                          Specifically, DOE proposes to clarify                 invalid, the average measured surface
                                                     statutory and regulatory standards. That                which entity or entities are liable for the           area will serve as the basis for
                                                     is, a manufacturer of a complete walk-                  distribution of noncompliant units in                 calculating maximum energy
                                                     in is required to use components that                   commerce, as well as to explain how the               consumption for the basic model.
                                                     comply with the applicable standards                    Department verifies refrigeration                        In addition, DOE proposes to specify
                                                     and to ensure the final product fulfills                capacity for walk-in refrigeration                    in 10 CFR 429.134 how DOE will
                                                     the statutory design requirements.                      systems.                                              account for the rated power (as defined
                                                        For example, consider an installer                      If DOE determines that a basic model               in this proposal) of each electricity
                                                     deciding which panels to use. The                       of a panel, door, or refrigeration system             consuming device(s) in calculating the
                                                     installer could assemble a compliant                    for walk-ins fails to meet an applicable              walk-in door energy consumption. For
                                                     walk-in in several ways. The installer                  energy conservation standard, then the                each basic model of walk-in cooler and
                                                     could build a panel, test it, and certify               manufacturer of that basic model is                   freezer door, DOE will calculate the
                                                     it as the component manufacturer. The                   responsible for the consequences                      door’s energy consumption using the
                                                     installer could use an uncertified panel                flowing from that noncompliance. If                   power listed on the nameplate of each
                                                     with a claimed compliant R-value and                    DOE determines that a complete walk-                  electricity consuming device shipped
                                                     accept responsibility for its compliance.               in cooler or walk-in freezer or any                   with the door. If an electricity
                                                     The installer could use a certified panel               component thereof fails to meet an                    consuming device shipped with a walk-
                                                     with a label and bear no responsibility                 applicable energy conservation                        in door does not have a nameplate or
                                                     for the compliance of the panel. In any                 standard, then the manufacturer of that               such nameplate does not list the
                                                     of these situations, the installer must                 complete walk-in cooler or walk-in                    device’s power, then DOE will use the
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                                                     use compliant panels. The only                          freezer is responsible for the                        device’s ‘‘rated power’’ included in the
                                                     difference between the 3 scenarios is                   noncompliance with the applicable                     door’s certification report.
                                                     that in the third scenario the installer is             standard. However, a manufacturer of a
                                                     permitted to rely upon the                              complete walk-in would not be held                       DOE seeks comment on the proposed
                                                     representations of the manufacturer of a                responsible for the use of components                 method for verifying the capacity of
                                                     WICF component to ensure compliance;                    that were certified and labeled as                    walk-in refrigeration systems and the
                                                     if those representations turn out to be                 compliant but later found to be                       surface area of walk-in doors.
                                                     false, the component manufacturer is                    noncompliant with the applicable                         See section V.E for a list of issues on
                                                     responsible.                                            standards.                                            which DOE seeks comment.


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                                                     54942               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     5. Labeling Requirements                                consumption must be identified in the                 same as or similar to the display of the
                                                        If the Secretary has prescribed test                 form ‘‘ECll,’’ and the model number                   other performance data contained on the
                                                     procedures for any class of covered                     must be displayed in one of the                       component’s permanent nameplate.
                                                     equipment, a labeling rule applicable to                following forms: ‘‘Modelll’’, ‘‘Model                 DOE is also considering a requirement
                                                     such class of covered equipment must                    numberll’’, or ‘‘Model No.ll’’.                       specifying the location of the permanent
                                                                                                                DOE proposes that the permanent                    nameplates on doors, panels, and
                                                     be prescribed. See 42 U.S.C. 6315(a).
                                                                                                             nameplates of panels for walk-in cooler               refrigeration systems. Specifically, that
                                                     EPCA, however, also sets out certain
                                                                                                             and walk-in freezers must be clearly                  the permanent nameplate must be
                                                     criteria that must be met prior to
                                                                                                             marked with the rated R-value, the                    visible at all times, including when the
                                                     prescribing a given labeling rule.
                                                                                                             panel model number, the date of                       component is assembled into a complete
                                                     Specifically, to establish these
                                                                                                             manufacture of the panel, and the                     walk-in.
                                                     requirements, DOE must determine that:
                                                                                                             statement, ‘‘This panel is designed and                  DOE proposes to clarify the
                                                     (1) Labeling in accordance with Section
                                                                                                             certified for use in walk-in cooler and               requirements for the disclosure of
                                                     6315 is technologically and                             freezer applications.’’ The R-value must              efficiency information in marketing
                                                     economically feasible with respect to                   be identified in the form ‘‘R-valuell,’’              materials and to require that such
                                                     any particular equipment class; (2)                     and the model number must be                          marketing materials must prominently
                                                     significant energy savings will likely                  displayed in one of the following forms:              display the same information that must
                                                     result from such labeling; and (3)                      ‘‘Modelll’’, ‘‘Model numberll’’, or                   appear on a walk-in cooler or walk-in
                                                     labeling in accordance with Section                     ‘‘Model No. ll’’.                                     freezer component’s permanent
                                                     6315 is likely to assist consumers in                      DOE proposes that the permanent                    nameplate.
                                                     making purchasing decisions. (42 U.S.C.                 nameplates of refrigeration systems for                  DOE has reviewed the proposed
                                                     6315(h))                                                walk-in coolers and walk-in freezers                  labeling requirements with respect to
                                                        If these criteria are met, EPCA                      (that are not manufactured solely for                 the three requirements in EPCA
                                                     specifies certain aspects of equipment                  process cooling applications) must be                 restricting the Secretary’s authority to
                                                     labeling that DOE must consider in any                  clearly marked with the AWEF,                         promulgate labeling rules and has made
                                                     rulemaking establishing labeling                        refrigeration system brand, refrigeration             the following findings. (42 U.S.C.
                                                     requirements for covered equipment. At                  system model number, the date of                      6315(h))
                                                     a minimum, such labels must include                     manufacture of the refrigeration system,                 First, the proposed labeling
                                                     the energy efficiency of the affected                   and the statement, ‘‘This refrigeration               recommendations are technologically
                                                     equipment, as tested under the                          system is designed and certified for use              and economically feasible with respect
                                                     prescribed DOE test procedure. The                      in walk-in cooler and freezer                         to each equipment class in this
                                                     labeling provisions may also consider                   applications.’’ The AWEF must be                      rulemaking. In general, DOE has found
                                                     the addition of other requirements,                     identified in the form ‘‘AWEF ll’’,                   that walk-in refrigeration system
                                                     including: directions for the display of                and the model number must be                          manufacturers and display door
                                                     the label; a requirement to display on                  displayed in one of the following forms:              manufacturers include nameplates on
                                                     the label additional information related                ‘‘Modelll’’, ‘‘Model numberll’’, or                   their equipment, and typically these
                                                     to energy efficiency or energy                          ‘‘Model No. ll’’. In addition, DOE                    nameplates include the equipment’s
                                                     consumption, which may include                          proposes that the permanent nameplate                 model number. DOE believes it is
                                                     instructions for maintenance and repair                 of a refrigeration system component that              technologically feasible for refrigeration
                                                     of the covered equipment, as necessary,                 can only be used as part of a process                 system and display door manufacturers
                                                     to provide adequate information to                      cooling refrigeration system must be                  to include energy efficiency or energy
                                                     purchasers; and requirements that                       marked clearly with the refrigeration                 consumption information on the label
                                                     printed matter displayed or distributed                 system brand, refrigeration system                    without increasing the size of the label.
                                                     with the equipment at the point of sale                 model number, the date of manufacture                 DOE expects that the cost to do so
                                                     also include the information required to                of the refrigeration system, and the                  would be negligible. Accordingly, in
                                                     be placed on the label. (42 U.S.C.                      statement, ‘‘This refrigeration system is             DOE’s view, requiring that labels
                                                     6315(b) and 42 U.S.C. 6315(c))                          designed only for use in walk-in cooler               provide this information would be
                                                        DOE proposes to establish labeling                   and freezer process cooling refrigeration             economically feasible as well.
                                                     requirements for walk-in cooler and                     applications.’’ The model number must                    DOE has found, however, that it is
                                                     freezers. Specifically, DOE proposes to                 be displayed in one of the following                  less common for non-display doors and
                                                     require certain information, and the                    forms: ‘‘Model ll’’, ‘‘Model                          panels for walk-ins to have nameplates.
                                                     display of this required information, for               numberll’’, or ‘‘Model No.ll’’. If a                  DOE understands that, while an entire
                                                     door, panel, and refrigeration system                   refrigeration system can be used for both             assembled walk-in cooler or freezer may
                                                     nameplates. DOE also proposes to                        process cooling refrigeration and other               have a nameplate, each individual panel
                                                     clarify requirements with respect to the                types of refrigeration for walk-in cooler             and non-display door making up a walk-
                                                     disclosure of efficiency information in                 and freezer applications, then it must be             in cooler or freezer may not be labeled.
                                                     marketing materials and the labeling                    clearly marked with the AWEF,                         Nonetheless, DOE expects that adding a
                                                     requirements for process cooling                        refrigeration system brand, refrigeration             permanent nameplate or permanent
                                                     refrigeration systems.                                  system model number, the date of                      sticker to both walk-in non-display
                                                        DOE proposes that the permanent                      manufacture of the refrigeration system,              doors and panels is technologically
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                                                     nameplates of doors for walk-in coolers                 and the statement, ‘‘This refrigeration               feasible, as both types of equipment
                                                     and walk-in freezers must be clearly                    system is designed and certified for use              have adequate useable surface to apply
                                                     marked with the rated energy                            in walk-in cooler and freezer                         such labels. DOE estimated that the total
                                                     consumption, the door brand, the door                   applications.’’                                       cost of applying labels to non-display
                                                     model number, the date of manufacture                      For walk-in panels, doors, and                     doors and panels would be negligible—
                                                     of the door, and the statement, ‘‘This                  refrigeration systems, DOE proposes that              less than a tenth of one percent of the
                                                     door is designed and certified for use in               all orientation, spacing, type sizes,                 average manufacturer’s annual
                                                     walk-in cooler and freezer                              typefaces, and line widths to display                 revenue—and the labeling requirements
                                                     applications.’’ Specifically, the energy                this required information must be the                 are thus economically feasible.


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                           54943

                                                        DOE also considered the cost to                      as communications equipment sheds.                    the test procedure that do not affect the
                                                     manufacturers of updating their                         Labeling requirements differentiate                   equipment required for testing and
                                                     marketing materials to include                          walk-in cooler and freezer panels from                either reduce or have no effect on the
                                                     efficiency information. Marketing                       other types of insulated metal panels                 time required to conduct the testing.
                                                     materials include literature, data sheets,              that are not appropriate for use in walk-             These amendments include the removal
                                                     selection software, sales training, and                 ins.                                                  of the rating method for refrigeration
                                                     compliance documentation. Based on                        Third, DOE finds that the proposed                  systems with hot gas defrost, the
                                                     marketing conversion costs for other                    labeling requirements are likely to assist            requirement that certified ratings of
                                                     commercial equipment, DOE estimates                     consumers in making purchasing                        refrigeration systems with adaptive
                                                     that manufacturers may incur costs of                   decisions. By including the rated metric              defrost shall not include the benefit of
                                                     up to $10,000 per model to update                       on the nameplate and marketing                        the adaptive defrost feature, and the
                                                     marketing materials for walk-in                         materials, manufacturers will be able to              requirement that certified ratings of unit
                                                     components. Panel and door                              demonstrate to purchasers that the                    coolers with on-cycle variable-speed fan
                                                     manufacturers typically only produce a                  equipment they are purchasing meets                   controls shall not include the benefit of
                                                     few distinct models of their walk-in                    the DOE standard and is acceptable for                this feature.
                                                     equipment, and DOE estimated that                       use in a walk-in. Additionally,                          Section III.A.2.a discusses the reasons
                                                     marketing-related conversion costs for                  consumers will have the information                   for removing the method for measuring
                                                     these components would total less than                  needed to compare the energy efficiency               the benefit of hot gas defrost from the
                                                     one percent of industry annual revenue                  performance between different                         test procedure. Currently, the test
                                                     attributed to sales of walk-in equipment.               component models, with the assurance                  procedure for this feature consists of a
                                                     Refrigeration manufacturers often                       that the ratings were calculated                      calculation to represent the efficiency
                                                     produce a large number of distinct basic                according to a DOE-specified test                     improvement of hot gas defrost as a
                                                     models—several have certified up to                     procedure.                                            credit applied to any low-temperature
                                                     100 basic models of refrigeration                         DOE seeks comment on the proposed                   refrigeration system that includes it. No
                                                     systems on DOE’s Compliance                             requirements for manufacturers to label               testing is required to validate the
                                                     Certification Management System                         their walk-in equipment and update                    performance of the feature and thus
                                                     (‘‘CCMS’’) Web site. DOE estimates that                 their marketing materials for walk-in                 there is no test burden involved.
                                                     marketing-related conversion costs for                  equipment to include efficiency                       Likewise, there is no change in test
                                                     walk-in refrigeration systems could total               information. DOE also seeks comment                   burden associated with removing this
                                                     approximately one percent of industry                   on whether it should add a requirement                calculation method.
                                                     annual revenue attributed to sales of                   specifying that the permanent
                                                                                                                                                                      Section III.A.2.b discusses DOE’s
                                                     walk-in equipment. However, many                        nameplates on doors, panels, and
                                                                                                                                                                   revisions to the test procedure for
                                                     companies that manufacture walk-in                      refrigeration systems be visible at all
                                                                                                                                                                   refrigeration systems with adaptive
                                                     refrigeration systems also make several                 times, including when the component is
                                                                                                                                                                   defrost. Currently, manufacturers may
                                                     other types of products, with walk-in                   assembled into a complete walk-in.
                                                                                                                                                                   certify the potential energy efficiency
                                                     equipment comprising a small portion                    Further, DOE asks whether these
                                                                                                                                                                   benefit of including adaptive defrost by
                                                     of their overall revenues. Given these                  requirements are technologically and
                                                                                                                                                                   either testing the feature or by using a
                                                     estimates, DOE tentatively concludes                    economically feasible. DOE particularly
                                                                                                                                                                   calculation to represent the efficiency
                                                     that updating marketing materials is                    seeks data from manufacturers regarding
                                                                                                                                                                   improvement of systems with this
                                                     economically feasible for manufacturers                 the cost of labeling and updating
                                                                                                                                                                   feature without testing. DOE is
                                                     of walk-in equipment.                                   marketing materials.
                                                        DOE also examined the impact of                                                                            proposing to modify the test procedure
                                                                                                               See section V.E for a list of issues on
                                                     these new requirements on small                                                                               to specify that certified ratings of
                                                                                                             which DOE seeks comment.
                                                     manufacturers. For further discussion,                                                                        systems with this feature shall exclude
                                                     see section IV.B.2.                                     C. Compliance With Other EPCA                         the benefit of the adaptive defrost
                                                        Second, DOE believes the proposed                    Requirements                                          feature. Because manufacturers
                                                     labeling requirements would likely                        In addition to the issues discussed in              currently have the option to use the
                                                     result in significant energy savings. The               this preamble, DOE examined its other                 calculation method to rate systems with
                                                     related energy conservation standards                   obligations under EPCA in developing                  this feature, there is no test burden
                                                     are expected to save approximately 3                    the amendments in this proposal. These                involved because no validation testing
                                                     quadrillion British thermal units                       requirements are addressed in greater                 is required; removing the ability to
                                                     (quads). Requiring labels that include                  detail below.                                         certify this feature would not have any
                                                     the rated value subject to the standards                                                                      effect on the associated test burden.
                                                                                                             1. Test Burden                                           Section III.A.2.c discusses DOE’s
                                                     will increase consumer awareness of the
                                                     standards. As a result, requiring the                      EPCA requires that the test                        revisions to the test procedure for unit
                                                     labels may increase consumer demand                     procedures DOE prescribes or amends                   coolers with on-cycle variable-speed fan
                                                     for more efficient walk-in components,                  be reasonably designed to produce test                control. DOE currently allows
                                                     thus leading to additional savings                      results that measure the energy                       manufacturers to test the benefit of this
                                                     beyond that calculated for the                          efficiency, energy use, or estimated                  feature using the DOE test procedure for
                                                     standards. In addition, labeling                        annual operating cost of a covered                    unit coolers. DOE is proposing to
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                                                     requirements would help installers,                     product during a representative average               modify the test procedure to specify that
                                                     assemblers, and contractors ensure that                 use cycle or period of use. These                     certified ratings of systems with this
                                                     they are selecting equipment that the                   procedures must also not be unduly                    feature shall exclude the benefit. This
                                                     component manufacturer intended to be                   burdensome to conduct. See 42 U.S.C.                  approach lowers the testing burden for
                                                     used as part of a completed walk-in, and                6293(b)(3) and 42 U.S.C. 6316(a). DOE                 unit coolers with this feature, because
                                                     would limit the potential compliance                    has concluded that the proposed                       manufacturers would no longer perform
                                                     burden faced by these entities. For                     amendments satisfy this requirement.                  this test to obtain ratings for
                                                     example, insulated metal panels may be                  The proposed test procedure                           certification. (Manufacturers may still
                                                     used in other types of applications, such               amendments represent minor changes to                 make representations of unit cooler


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                                                     54944               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     efficiency with this feature; in this case,             The addition of these proposals, if                      For manufacturers of walk-in
                                                     the testing burden would not change.)                   adopted, will reduce any burden on                    equipment, the Small Business
                                                                                                             WICF manufacturers that manufacture                   Administration (‘‘SBA’’) has set a size
                                                     2. Changes in Measured Energy Use
                                                                                                             or assemble the complete walk-in cooler               threshold, which defines those entities
                                                        When DOE modifies test procedures,                   or walk-in freezer by allowing them to                classified as ‘‘small businesses’’ for the
                                                     it must determine to what extent, if any,               more easily identify compliant WICF                   purposes of the statute. DOE used the
                                                     the new test procedure would alter the                  components for assembly. This is the                  SBA’s small business size standards to
                                                     measured energy use of covered                          compliance regime in place today,                     determine whether any small entities
                                                     products. (42 U.S.C. 6293(e)(1)). DOE                   which is unchanged by this proposal;                  would be subject to the requirements of
                                                     has tentatively determined that the                     however, DOE believes labeling will                   the rule. 65 FR 30848 (May 15, 2000),
                                                     proposed test procedure amendments                      help WICF assemblers comply with the                  as amended at 65 FR 53533, 53544
                                                     could affect the measured energy use of                 regulations. In conclusion, DOE does                  (September 5, 2000) and codified at 13
                                                     certain covered products, but the                       not believe that there is any burden                  CFR part 121. The size standards are
                                                     amendments would only affect aspects                    added on WICF manufacturers that
                                                     related to testing after the compliance                                                                       listed by North American Industry
                                                                                                             assemble complete WICFs as a result of                Classification System (‘‘NAICS’’) code
                                                     date of the amended energy                              performance-based testing requirements.
                                                     conservation standards that DOE is                                                                            and industry description and are
                                                                                                             While DOE did not assess the impact on                available at http://www.sba.gov/
                                                     proposing in a separate notice. The test                these manufacturers in the final rules
                                                     procedure amendments would not affect                                                                         category/navigation-structure/
                                                                                                             pertaining to walk-in cooler and walk-                contracting/contracting-officials/small-
                                                     the current standards for any walk-in                   in freezer test procedures published in
                                                     components, nor would they affect the                                                                         business-size-standards. Walk-in
                                                                                                             April 2011 and May 2014, DOE expects                  equipment is classified under NAICS
                                                     standards promulgated in the June 2014                  this assessment holds true for those
                                                     final rule with a compliance date of                                                                          333415, ‘‘Air-Conditioning and Warm
                                                                                                             final rules as well. 76 FR 21605 and 79               Air Heating Equipment and Commercial
                                                     June 5, 2017. The standards with a                      FR 27412.
                                                     compliance date in 2017 apply to                                                                              and Industrial Refrigeration Equipment
                                                     medium-temperature, dedicated                           IV. Procedural Issues and Regulatory                  Manufacturing.’’ The SBA sets a
                                                     condensing refrigeration systems, while                 Review                                                threshold of 1,250 employees or less for
                                                     the test procedure modifications would                                                                        an entity to be considered as a small
                                                                                                             A. Review Under Executive Order 12866
                                                     only affect low-temperature systems and                                                                       business for this category. Based on this
                                                     unit coolers. In the rulemaking analysis                   The Office of Management and Budget                threshold, DOE presents the following
                                                     for the standards that DOE is proposing                 (‘‘OMB’’) has determined that test                    IRFA analysis:
                                                     separately, DOE is accounting for the                   procedure rulemakings do not constitute
                                                                                                             ‘‘significant regulatory actions’’ under              1. Description and Estimated Number of
                                                     test procedure changes being proposed
                                                     in this notice. Therefore, the                          section 3(f) of Executive Order 12866,                Small Businesses Regulated
                                                     modifications to the test procedure that                Regulatory Planning and Review, 58 FR
                                                                                                                                                                      DOE used available public
                                                     DOE is proposing herein will require no                 51735 (October 4, 1993). Accordingly,
                                                                                                                                                                   information to identify potential small
                                                     further changes to the energy                           this action was not subject to review
                                                                                                                                                                   manufacturers. DOE’s research involved
                                                     conservation standards.                                 under the Executive Order by the Office
                                                                                                                                                                   industry trade association membership
                                                        DOE requests comment on its                          of Information and Regulatory Affairs
                                                                                                                                                                   directories (including AHRI Directory,8
                                                     determination that this proposal would                  (‘‘OIRA’’) in the Office of Management
                                                                                                             and Budget.                                           and NAFEM,9) public databases (e.g. the
                                                     not introduce any changes that increase                                                                       SBA Database,10) individual company
                                                     test burden or alter the measured energy                B. Review Under the Regulatory                        Web sites, and market research tools
                                                     use of walk-in equipment.                               Flexibility Act                                       (e.g., Dun and Bradstreet reports 11 and
                                                        See section V.E for a list of issues on
                                                                                                                The Regulatory Flexibility Act (5                  Hoovers reports) 12 to create a list of
                                                     which DOE seeks comment.
                                                                                                             U.S.C. 601 et seq.) requires preparation              companies that manufacture or sell
                                                     3. Cost and Burden Impact on WICF                       of an initial regulatory flexibility                  equipment covered by this rulemaking.
                                                     Manufacturers                                           analysis (IFRA) for any rule that by law              During the 2014 rulemaking, DOE also
                                                        As explained in section III.B.3, a                   must be proposed for public comment,                  asked stakeholders and industry
                                                     manufacturer of a walk-in cooler or                     unless the agency certifies that the rule,            representatives if they were aware of
                                                     walk-in freezer is any person who: (1)                  if promulgated, will not have a                       any other small manufacturers during
                                                     Manufactures a component of a walk-in                   significant economic impact on a                      manufacturer interviews and at DOE
                                                     cooler or walk-in freezer that affects                  substantial number of small entities. As              public meetings. DOE reviewed publicly
                                                     energy consumption, including, but not                  required by Executive Order 13272,                    available data and contacted select
                                                     limited to, refrigeration, doors, lights,               ‘‘Proper Consideration of Small Entities              companies on its list, as necessary, to
                                                     windows, or walls; or (2) manufactures                  in Agency Rulemaking,’’ 67 FR 53461                   determine whether they met the SBA’s
                                                     or assembles the complete walk-in                       (August 16, 2002), DOE published                      definition of a small business
                                                     cooler or walk-in freezer. 10 CFR                       procedures and policies on February 19,               manufacturer of covered walk-in coolers
                                                     431.302. DOE has proposed to add                        2003, to ensure that the potential                    and walk-in freezers. DOE screened out
                                                     clarifications that the entity responsible              impacts of its rules on small entities are            companies that do not offer equipment
                                                                                                                                                                   covered by this rulemaking, do not meet
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                                                     for testing, rating, and certifying is the              properly considered during the DOE
                                                     WICF component manufacturer. Thus,                      rulemaking process. 68 FR 7990. DOE
                                                     WICF manufacturers that exclusively                     has made its procedures and policies                    8 See www.ahridirectory.org/ahriDirectory/pages/

                                                     assemble the complete WICF do not                       available on the Office of the General                home.aspx.
                                                                                                                                                                     9 See http://www.nafem.org/find-members/
                                                     bear the testing and certification burden.              Counsel’s Web site: http://energy.gov/
                                                                                                                                                                   MemberDirectory.aspx.
                                                     DOE is also proposing labeling and                      gc/office-general-counsel. DOE has                      10 See http://dsbs.sba.gov/dsbs/search/
                                                     revisions to the certification                          prepared the following IRFA for the                   dsp_dsbs.cfm.
                                                     requirements on WICF component                          equipment that are the subject of this                  11 See www.dnb.com/.

                                                     manufacturers in this proposed rule.                    rulemaking.                                             12 See www.hoovers.com/.




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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                          54945

                                                     the definition of a ‘‘small business,’’ or              reporting requirements in this NOPR.                  model resulting in a change in the
                                                     are foreign-owned.                                      However, DOE is proposing labeling                    certified rating. (10 CFR 429.12(a))
                                                       DOE identified forty-seven panel                      requirements for walk-in panels, and is                 DOE currently requires manufacturers
                                                     manufacturers and found forty-two of                    also proposing that manufacturers must                or their party representatives to prepare
                                                     the identified panel manufacturers to be                include rating information on marketing               and submit certification reports using
                                                     small businesses.                                       materials for panels. For further                     DOE’s electronic Web-based tool, the
                                                       DOE identified forty-nine walk-in                     discussion of the proposed labeling                   Compliance Certification Management
                                                     door manufacturers. Forty-five of those                 requirements, see section III.B.5. As                 System (‘‘CCMS’’), which is the only
                                                     produce solid doors and four produce                    discussed in that section, the cost of                mechanism for submitting certification
                                                     display doors. Of the forty-five solid                  updating marketing materials could be                 reports to DOE. CCMS currently has
                                                     door manufacturers, forty-two produce                   up to $10,000 per panel model, but                    product-specific templates that
                                                     panels as their primary business and are                manufacturers—including small                         manufacturers must use when
                                                     considered in the category of panel                     manufacturers—tend to produce only a                  submitting certification data to DOE.
                                                     manufacturers in this preamble. The                     few distinct panel models. DOE                        See http://www.regulations.doe.gov/
                                                     remaining three solid door                              calculated that the cost of updating                  ccms. This proposed rule would not
                                                     manufacturers are all considered to be                  marketing materials for a small                       change the requirement that
                                                     small businesses. Of the four display                   manufacturer would be less than one                   manufacturers submit certification
                                                     door manufacturers, two are considered                  percent of annual revenues; thus, this                reports electronically. DOE believes the
                                                     small businesses. Therefore, of the                     requirement would not have a                          availability of electronic filing through
                                                     seven manufacturers that exclusively                    significant impact on small                           the CCMS system reduces reporting
                                                     produce walk-in doors (three producing                  manufacturers.                                        burdens, streamlines the process, and
                                                     solid doors and four producing display                     DOE is proposing new certification                 provides the Department with needed
                                                     doors), DOE determined that five are                    requirements for door manufacturers                   information in a standardized, more
                                                     small businesses.                                       and refrigeration system manufacturers                accessible form. This electronic filing
                                                       DOE identified nine walk-in                           to certify their basic models to DOE.                 system also ensures that records are
                                                     refrigeration system manufacturers that                 Door manufacturers must certify that                  recorded in a permanent, systematic
                                                     produce equipment for one or more of                    they meet the June 2014 standards,                    way.
                                                     the equipment classes analyzed in this                  which have a compliance date of June                    DOE is also proposing to require
                                                     proposal. All nine are domestic                         5, 2017. Manufacturers of refrigeration               manufacturers to label their doors and
                                                     companies. Two of the nine                              systems for which standards were                      refrigeration systems with product-
                                                     manufacturers are small businesses.                     promulgated in the June 2014 final rule,              specific data and information describing
                                                       Lastly, DOE looked at manufacturers                   and which were not subsequently                       the efficiency and characteristics of the
                                                     that assemble the complete walk-in                      remanded by the United States Court of                basic model, and is also proposing that
                                                     cooler or walk-in freezer (i.e., an                     Appeals for the Fifth Circuit’s court                 manufacturers must include rating
                                                     installer). Walk-in installation work is a              order, must also certify that those                   information on marketing materials for
                                                     subset of the highly fragmented heating,                refrigeration systems meet the June 2014              these components. For further
                                                     ventilation, air-conditioning, and                      standards, which have a compliance                    discussion of the proposed labeling
                                                     refrigeration (HVACR) industry. DOE                     date of June 5, 2017. DOE is conducting               requirements, see section III.B.5. As
                                                     was unable to identify any company                      a separate energy conservation                        discussed in that section, the cost of
                                                     that exclusively operated as an                         standards rulemaking for those                        updating marketing materials could be
                                                     assembler of WICFs. In general, WICF                    refrigeration system classes whose                    up to $10,000 per basic model. Door
                                                     assemblers offer walk-in installation as                standards were remanded. On the                       manufacturers—including small
                                                     part of a broader refrigeration offering                compliance date for those standards,                  manufacturers—tend to produce only a
                                                     and/or broader heating and cooling                      manufacturers will have to certify that               few distinct door models; thus, this
                                                     offering.                                               those refrigeration systems meet the                  requirement would not have a
                                                       DOE estimates that 10,000 to 30,000                   relevant standards using the                          significant impact on small door
                                                     companies offer walk-in contractor                      certification requirements being                      manufacturers. Small refrigeration
                                                     services. This is a subset of the roughly               proposed in this rule.                                manufacturers, on the other hand, may
                                                     100,000 companies that make up the                         In general, DOE is proposing to                    produce up to 100 basic models of
                                                     domestic HVACR contractor industry.                     modify the data elements walk-in door                 refrigeration systems—as many as large
                                                     Key activities for these companies                      manufacturers and walk-in refrigeration               manufacturers. The cost of updating
                                                     include the installation of residential                 system manufacturers submit as part of                marketing materials is a one-time
                                                     HVAC, commercial HVAC, commercial                       a certification report indicating that all            expense that varies greatly by product
                                                     refrigeration, and industrial refrigeration             basic models distributed in commerce                  offering.
                                                     systems. Of these, DOE estimates the                    in the U.S. comply with the applicable                  DOE is proposing to add clarifications
                                                     majority are small.                                     standards using DOE’s testing                         that the entity responsible for testing,
                                                                                                             procedures, in include product-specific               rating, and certifying is the WICF
                                                     2. Description and Estimate of                          certification data describing the                     component manufacturer. Thus, WICF
                                                     Compliance Requirements                                 efficiency and characteristics of the                 manufacturers that exclusively assemble
                                                        Panel manufacturers have had to                      basic model. The certification reports                the complete WICF do not bear the
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                                                     comply with standards for their panels’                 are submitted for each basic model,                   testing and certification burden. DOE is
                                                     R-value (a measure of the insulating                    either when the requirements go into                  also proposing labeling and revisions to
                                                     value) since 2009. In a previous test                   effect (for models already in                         the certification requirements on WICF
                                                     procedure rule, published in May 2014,                  distribution), or when the manufacturer               component manufacturers in this
                                                     DOE established a sampling plan and                     begins distribution of a particular basic             proposed rule. The addition of these
                                                     certification reporting requirements for                model, and annually thereafter. Reports               proposals, if adopted, will reduce any
                                                     walk-in panels. 79 FR 27388 (May 13,                    must be updated when a new model is                   burden on WICF manufacturers that
                                                     2014). DOE is not proposing any new                     introduced or a change affecting energy               manufacture or assemble the complete
                                                     testing, certification, compliance, or                  efficiency or use is made to an existing              walk-in cooler or walk-in freezer by


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                                                     54946               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     allowing them to more easily identify                   submit to the Department as part of a                 addition to information currently
                                                     compliant WICF components for                           certification that the products they are              required for certification reports, door
                                                     assembly. This does not change the                      distributing in commerce in the U.S.                  manufacturers report the door energy
                                                     compliance requirements for these                       comply with the applicable energy                     use as determined by the DOE test
                                                     WICF manufacturers and installers;                      conservation standards. Further, this                 procedure, the rated power of each light,
                                                     however, DOE believes labeling will                     proposal requires manufacturers to                    heater wire and/or other electricity
                                                     help WICF assemblers comply with the                    disclose performance information as                   consuming device and whether such
                                                     regulations. In conclusion, DOE does                    part of the proposed labeling                         device(s) has a control system.
                                                     not believe that small WICF                             requirements for walk-in panels, doors,               Refrigeration system manufacturers
                                                     manufacturers that assemble complete                    and refrigeration systems.                            report the Annual Walk-in Efficiency
                                                     WICFs will see an increased burden                        In compliance with the PRA, DOE is                  Factor (‘‘AWEF’’), net capacity as
                                                     from the proposals in this rulemaking.                  seeking comment on this proposed                      determined by the DOE test procedure,
                                                                                                             expansion of the existing information                 and the configuration test for
                                                     3. Duplication, Overlap, and Conflict                   collection.                                           certification. Manufacturers will have to
                                                     With Other Rules and Regulations                          Agency: U.S. Department of Energy                   re-submit certification reports for basic
                                                        DOE is not aware of any rules or                     (DOE).                                                models that they distribute in commerce
                                                     regulations that duplicate, overlap, or                   OMB Control Number: OMB No.                         starting on the compliance date of the
                                                     conflict with the rule being considered                 1910–1400.                                            amended standards.
                                                     in this NOPR.                                             Information Collection Request Title:                  In addition, DOE proposed to add
                                                                                                             Certification Reports, Compliance                     labeling requirements for walk-in
                                                     4. Significant Alternatives to the Rule                 Statements, Application for a Test                    panels, doors, and refrigeration systems.
                                                        This section considers alternatives to               Procedure Waiver, Recordkeeping for                   Specifically, each of these components
                                                     the proposals in this document. DOE                     Consumer Products and Commercial/                     will be required to disclose on its
                                                     has tried to minimize the reporting                     Industrial Equipment Subject to Energy                permanent nameplate the rated energy
                                                     burden as much as possible by: (1)                      or Water Conservation Standards, and                  use or efficiency, as applicable, brand,
                                                     Accepting electronic submissions; (2)                   Label and Marketing Material                          model number, and date of
                                                     providing preformatted templates that                   Information Disclosure.                               manufacture. In addition, each
                                                     lay out the certification and compliance                  Type of Request: Revision and                       component label must include a
                                                     requirements for each product; and (3)                  Expansion of an Existing Collection.                  statement indicating that the component
                                                     allowing manufacturers to group                           Requested Expiration Date of                        is designed and certified for use in
                                                     individual models into basic models for                 Approval: Three years from the date of                walk-in cooler and freezer applications.
                                                     the purposes of certification to reduce                 approval.                                             See section III.B.5 for the specific
                                                     the number of discrete models reported                    Purpose: Manufacturers of the                       labeling requirements for each
                                                     to the Department. DOE has also made                    covered products addressed in this                    component.
                                                     efforts to address the concerns of small                NOPR are already required to certify to                  DOE estimated that it will take each
                                                     businesses by expanding the ability of                  DOE that their equipment complies with                respondent (walk-in component
                                                     manufacturers to use alternative                        applicable energy conservation                        manufacturer) approximately 1 hour
                                                     efficiency determination methods                        standards. In certifying compliance,                  total per company per year to comply
                                                     (‘‘AEDMs’’) in lieu of testing equipment.               manufacturers must test their                         with the information disclosure (i.e.,
                                                        DOE seeks input on its Initial                       equipment according to the applicable                 labeling) requirements based on 0.25
                                                     Regulatory Flexibility Analysis from                    DOE test procedures for the given                     hours of technician/technical work to
                                                     businesses that would be affected by                    equipment type, including any                         apply the label and 0.75 hours clerical
                                                     this rulemaking and will consider                       amendments adopted for those test                     work to create the label and update
                                                     comments received in the development                    procedures, or use AEDMs (as                          marketing materials. For the purposes of
                                                     of any final rule.                                      applicable) to develop the certified                  estimating burden, DOE determined
                                                        See section V.E for a list of issues on              ratings of the basic models. The                      from its Compliance Certification
                                                     which DOE seeks comment.                                collection-of-information requirement                 Database that each panel manufacturer
                                                                                                             for the certification proposals is subject            and door manufacturer certifies on
                                                     C. Review Under the Paperwork
                                                                                                             to review and approval by OMB under                   average 4 basic models and that each
                                                     Reduction Act of 1995
                                                                                                             the PRA.                                              basic model will require a discrete label.
                                                        Under the Paperwork Reduction Act                      Manufacturers are required to certify:              Based on DOE’s Compliance
                                                     of 1995 (‘‘PRA’’) (44 U.S.C. 3501, et                   (1) New basic models before distribution              Certification Database, each refrigeration
                                                     seq.), Federal agencies must obtain                     in commerce; (2) existing basic models,               manufacturer certifies approximately
                                                     approval from the Office of Management                  whose certified ratings remain valid,                 100 basic models and DOE is
                                                     and Budget (OMB) for each collection of                 annually; (3) existing basic models,                  conservatively estimating that each
                                                     information they conduct, sponsor, or                   whose designs have been altered                       basic model will require a unique label.
                                                     require through regulations. DOE                        resulting in a change in rating that is                  Regarding the additional certification
                                                     established regulations for the                         more consumptive or less efficient, at                requirements, DOE estimates that the
                                                     certification and recordkeeping                         the time the design change is made; and               slight change in certification
                                                     requirements for all covered consumer                   (4) previously certified basic models                 requirements would not result in
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                                                     products and commercial equipment,                      that have been discontinued annually.                 additional burden because walk-in
                                                     including walk-in coolers and walk-in                   Respondents may submit reports to the                 component manufacturers are already
                                                     freezers. See generally 10 CFR part 429.                Department at any time during the year                required to annually certify compliance
                                                     This requirement has been approved by                   using DOE’s online system.                            with the existing standards.
                                                     OMB for walk-ins under OMB control                        Amendments to the existing walk-in                     DOE estimates the burden for this rule
                                                     number 1910–1400. This proposal                         standards are expected to result in slight            as follows:
                                                     would expand the information that                       changes to the information that DOE is                   (1) Annual Estimated Number of
                                                     manufacturers and importers of covered                  proposing to collect for walk-ins.                    Respondents: 63 (47 panel
                                                     walk-in equipment would need to                         Specifically, DOE is proposing that, in               manufacturers, 7 door manufacturers,


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                           54947

                                                     and 9 refrigeration system                              assessment nor an environmental                       burden reduction, (4) specifies the
                                                     manufacturers);                                         impact statement is required.                         retroactive effect, if any, (5) adequately
                                                        (2) Annual Estimated Number of                                                                             defines key terms, and (6) addresses
                                                     Total Responses: 1,116 (188 for panels,                 E. Review Under Executive Order 13132
                                                                                                                                                                   other important issues affecting clarity
                                                     28 door, 900 for refrigeration systems);                   Executive Order 13132, ‘‘Federalism,’’             and general draftsmanship under any
                                                        (3) Annual Estimated Number of                       64 FR 43255 (August 4, 1999) imposes                  guidelines issued by the Attorney
                                                     Burden Hours: 1,116 (1 hour for                         certain requirements on agencies
                                                                                                                                                                   General. Section 3(c) of Executive Order
                                                     applying and creating label and                         formulating and implementing policies
                                                                                                                                                                   12988 requires Executive agencies to
                                                     updating marketing materials);                          or regulations that preempt State law or
                                                        (4) Annual Estimated Reporting and                   that have Federalism implications. The                review regulations in light of applicable
                                                     Recordkeeping Cost Burden: $83,700.                     Executive Order requires agencies to                  standards in sections 3(a) and 3(b) to
                                                        DOE requests comment generally on                    examine the constitutional and statutory              determine whether they are met or it is
                                                     its review under the PRA, and                           authority supporting any action that                  unreasonable to meet one or more of
                                                     specifically on: (a) Whether the                        would limit the policymaking discretion               them. DOE has completed the required
                                                     proposed collection of information is                   of the States and to carefully assess the             review and determined that, to the
                                                     necessary for the proper performance of                 necessity for such actions. The                       extent permitted by law, the proposed
                                                     the functions of the agency, including                  Executive Order also requires agencies                rule meets the relevant standards of
                                                     whether the information shall have                      to have an accountable process to                     Executive Order 12988.
                                                     practical utility; (b) the accuracy of the              ensure meaningful and timely input by
                                                     agency’s estimate of the burden of the                  State and local officials in the                      G. Review Under the Unfunded
                                                     proposed collection of information,                     development of regulatory policies that               Mandates Reform Act of 1995
                                                     including the validity of the                           have Federalism implications. On                         Title II of the Unfunded Mandates
                                                     methodology and assumptions used; (c)                   March 14, 2000, DOE published a                       Reform Act of 1995 (UMRA) requires
                                                     ways to enhance the quality, utility, and               statement of policy describing the
                                                                                                                                                                   each Federal agency to assess the effects
                                                     clarity of the information to be                        intergovernmental consultation process
                                                                                                                                                                   of Federal regulatory actions on State,
                                                     collected; and (d) ways to minimize the                 it will follow in the development of
                                                     burden of the collection of information                 such regulations. (65 FR 13735). DOE                  local, and Tribal governments and the
                                                     on respondents, including through the                   has examined this proposed rule and                   private sector. Public Law 104–4, sec.
                                                     use of automated collection techniques                  has determined that it would not have                 201 (codified at 2 U.S.C. 1531). For a
                                                     or other forms of information                           a substantial direct effect on the States,            proposed regulatory action likely to
                                                     technology.                                             on the relationship between the national              result in a rule that may cause the
                                                        See section V.E for a list of issues on              government and the States, or on the                  expenditure by State, local, and Tribal
                                                     which DOE seeks comment.                                distribution of power and                             governments, in the aggregate, or by the
                                                        Notwithstanding any other provision                  responsibilities among the various                    private sector of $100 million or more
                                                     of the law, no person is required to                    levels of government. EPCA governs and                in any one year (adjusted annually for
                                                     respond to, nor shall any person be                     prescribes Federal preemption of State                inflation), section 202 of UMRA requires
                                                     subject to a penalty for failure to comply              regulations as to energy conservation for             a Federal agency to publish a written
                                                     with, a collection of information subject               the products that are the subject of this             statement that estimates the resulting
                                                     to the requirements of the PRA, unless                  proposed rule. States can petition DOE                costs, benefits, and other effects on the
                                                     that collection of information displays a               for exemption from such preemption to                 national economy. (2 U.S.C. 1532(a), (b))
                                                     currently valid OMB Control Number.                     the extent, and based on criteria, set                The UMRA also requires a Federal
                                                                                                             forth in EPCA. (42 U.S.C. 6297(d)). No                agency to develop an effective process
                                                     D. Review Under the National
                                                                                                             further action is required by Executive               to permit timely input by elected
                                                     Environmental Policy Act of 1969
                                                                                                             Order 13132.                                          officers of State, local, and Tribal
                                                        In this proposed rule, DOE proposes
                                                     test procedure amendments that will                     F. Review Under Executive Order 12988                 governments on a proposed ‘‘significant
                                                     likely be used to develop and                              Regarding the review of existing                   intergovernmental mandate,’’ and
                                                     implement future energy conservation                    regulations and the promulgation of                   requires an agency plan for giving notice
                                                     standards for walk-in coolers and walk-                 new regulations, section 3(a) of                      and opportunity for timely input to
                                                     in freezers. DOE has determined that                    Executive Order 12988, ‘‘Civil Justice                potentially affected small governments
                                                     this rule falls into a class of actions that            Reform,’’ 61 FR 4729 (February 7, 1996),              before establishing any requirements
                                                     are categorically excluded from review                  imposes on Federal agencies the general               that might significantly or uniquely
                                                     under the National Environmental                        duty to adhere to the following                       affect small governments. On March 18,
                                                     Policy Act of 1969 (42 U.S.C. 4321 et                   requirements: (1) Eliminate drafting                  1997, DOE published a statement of
                                                     seq.) and DOE’s implementing                            errors and ambiguity, (2) write                       policy on its process for
                                                     regulations at 10 CFR part 1021.                        regulations to minimize litigation, (3)               intergovernmental consultation under
                                                     Specifically, this proposed rule would                  provide a clear legal standard for                    UMRA. 62 FR 12820; also available at
                                                     amend the existing test procedures                      affected conduct rather than a general                http://energy.gov/gc/office-general-
                                                     without affecting the amount, quality or                standard, and (4) promote simplification              counsel. DOE examined this proposed
                                                     distribution of energy usage, and,                      and burden reduction. Section 3(b) of                 rule according to UMRA and its
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                                                     therefore, would not result in any                      Executive Order 12988 specifically                    statement of policy and determined that
                                                     environmental impacts. Thus, this                       requires that Executive agencies make                 the proposed rule contains neither an
                                                     rulemaking is covered by Categorical                    every reasonable effort to ensure that the            intergovernmental mandate, nor a
                                                     Exclusion A5 under 10 CFR part 1021,                    regulation (1) clearly specifies the                  mandate that may result in the
                                                     subpart D, which applies to any                         preemptive effect, if any, (2) clearly                expenditure of $100 million or more in
                                                     rulemaking that interprets or amends an                 specifies any effect on existing Federal
                                                                                                                                                                   any year, so these requirements do not
                                                     existing rule without changing the                      law or regulation, (3) provides a clear
                                                                                                                                                                   apply.
                                                     environmental effect of that rule.                      legal standard for affected conduct
                                                     Accordingly, neither an environmental                   while promoting simplification and


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                                                     54948               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     H. Review Under the Treasury and                        energy supply, distribution, or use                   Coolers for Refrigeration.’’ AHRI 420–
                                                     General Government Appropriations                       should the proposal be implemented,                   2008 establishes the following elements
                                                     Act, 1999                                               and of reasonable alternatives to the                 for forced-circulation free-delivery unit
                                                        Section 654 of the Treasury and                      action and their expected benefits on                 coolers for refrigeration: Definitions, test
                                                     General Government Appropriations                       energy supply, distribution, and use.                 requirements, rating requirements,
                                                     Act, 1999 (Pub. L. 105–277) requires                      The proposed regulatory action to                   minimum data requirements for
                                                     Federal agencies to issue a Family                      amend the test procedure for measuring                published ratings, marketing and
                                                     Policymaking Assessment for any rule                    the energy efficiency of walk-in coolers              nameplate data, and conformance
                                                     that may affect family well-being. This                 and walk-in freezers is not a significant             conditions. The standard applies to
                                                     proposed rule would not have any                        regulatory action under Executive Order               forced-circulation, free-delivery unit
                                                     impact on the autonomy or integrity of                  12866. Moreover, it would not have a                  coolers, as defined in Section 3 of this
                                                     the family as an institution.                           significant adverse effect on the supply,             standard, operating with a volatile
                                                     Accordingly, DOE has concluded that it                  distribution, or use of energy, nor has it            refrigerant fed by either direct
                                                     is not necessary to prepare a Family                    been designated as a significant energy               expansion or liquid overfeed at wet
                                                     Policymaking Assessment.                                action by the Administrator of OIRA.                  conditions, dry conditions, or both.
                                                                                                             Therefore, it is not a significant energy                Copies of AHRI 420–2008 may be
                                                     I. Review Under Executive Order 12630                   action, and, accordingly, DOE has not                 purchased from AHRI at 2111 Wilson
                                                        DOE has determined, under Executive                  prepared a Statement of Energy Effects.               Boulevard, Suite 500, Arlington, VA
                                                     Order 12630, ‘‘Governmental Actions                                                                           22201, or by going to http://
                                                                                                             L. Review Under Section 32 of the
                                                     and Interference with Constitutionally                                                                        www.ahrinet.org.
                                                                                                             Federal Energy Administration Act of                     DOE also proposes to incorporate by
                                                     Protected Property Rights’’ 53 FR 8859                  1974
                                                     (March 18, 1988), that this proposed                                                                          reference specific sections from the test
                                                     regulation would not result in any                         Under section 301 of the Department                standard published by AHRI, titled
                                                     takings that might require compensation                 of Energy Organization Act (Pub. L. 95–               ‘‘Standard for Performance Rating of
                                                     under the Fifth Amendment to the U.S.                   91; 42 U.S.C. 7101), DOE must comply                  Walk-ins,’’ AHRI Standard 1250–2009.
                                                     Constitution.                                           with section 32 of the Federal Energy                 AHRI Standard 1250–2009 establishes
                                                                                                             Administration Act of 1974, as amended                definitions, test requirements, rating
                                                     J. Review Under Treasury and General                    by the Federal Energy Administration                  requirements, minimum data
                                                     Government Appropriations Act, 2001                     Authorization Act of 1977. (15 U.S.C.                 requirements for published ratings,
                                                        Section 515 of the Treasury and                      788; FEAA) Section 32 essentially                     operating requirements, marking and
                                                     General Government Appropriations                       provides in relevant part that, where a               nameplate data, and conformance
                                                     Act, 2001 (44 U.S.C. 3516 note) provides                proposed rule authorizes or requires use              conditions for walk-in coolers and walk-
                                                     for agencies to review most                             of commercial standards, the notice of                in freezers. This testing standard applies
                                                     disseminations of information to the                    proposed rulemaking must inform the                   to mechanical refrigeration equipment
                                                     public under guidelines established by                  public of the use and background of                   that consists of an integrated, single-
                                                     each agency pursuant to general                         such standards. In addition, section                  package refrigeration unit, or as separate
                                                     guidelines issued by OMB. OMB’s                         32(c) requires DOE to consult with the                unit cooler and condensing unit
                                                     guidelines were published at 67 FR                      Attorney General and the Chairman of                  components, where the condensing unit
                                                     8452 (February 22, 2002), and DOE’s                     the Federal Trade Commission (FTC)                    can be located either indoors or
                                                     guidelines were published at 67 FR                      concerning the impact of the                          outdoors. Controls can be integral or can
                                                     62446 (October 7, 2002). DOE has                        commercial or industry standards on                   be provided by a separate party, as long
                                                     reviewed this proposed rule under the                   competition.                                          as their performance is tested and
                                                     OMB and DOE guidelines and has                             The proposed modifications to the                  certified with the listed mechanical
                                                     concluded that it is consistent with                    test procedure for walk-in coolers and                equipment.
                                                     applicable policies in those guidelines.                walk-in freezers adopted in this final                   Copies of AHRI Standard 1250–2009
                                                                                                             rule incorporates testing methods                     may be purchased from AHRI at 2111
                                                     K. Review Under Executive Order 13211                   contained in certain sections of the                  Wilson Boulevard, Suite 500, Arlington,
                                                        Executive Order 13211, ‘‘Actions                     following commercial standards: AHRI                  VA 22201, or by going to http://
                                                     Concerning Regulations That                             Standard 1250–2009, AHRI Standard                     www.ahrinet.org.
                                                     Significantly Affect Energy Supply,                     420–2008, and ASHRAE Standard 23.1–                      DOE proposes to incorporate by
                                                     Distribution, or Use,’’ 66 FR 28355 (May                2010. DOE has evaluated these                         reference ASHRAE Standard 23.1–2010,
                                                     22, 2001), requires Federal agencies to                 standards and is unable to conclude                   entitled ‘‘Methods of Testing for
                                                     prepare and submit to OMB, a                            whether it fully complies with the                    Performance Rating Positive
                                                     Statement of Energy Effects for any                     requirements of section 32(b) of the                  Displacement Refrigerant Compressors
                                                     proposed significant energy action. A                   FEAA (i.e., whether it was developed in               and Condensing Units that Operate at
                                                     ‘‘significant energy action’’ is defined as             a manner that fully provides for public               Subcritical Temperatures of the
                                                     any action by an agency that                            participation, comment, and review.)                  Refrigerant.’’ ASHRAE 23.1–2010
                                                     promulgated or is expected to lead to                   DOE will consult with both the Attorney               provides testing methods for rating the
                                                     promulgation of a final rule, and that (1)              General and the Chairman of the FTC                   thermodynamic performance of positive
                                                     is a significant regulatory action under                concerning the impact of these test                   displacement refrigerant compressors
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                                                     Executive Order 12866, or any successor                 procedures on competition, prior to                   and condensing units that operate at
                                                     order; and (2) is likely to have a                      prescribing a final rule.                             subcritical temperatures of the
                                                     significant adverse effect on the supply,                                                                     refrigerant. This standard applies to all
                                                     distribution, or use of energy; or (3) is               M. Description of Materials                           of the refrigerants listed in ASHRAE
                                                     designated by the Administrator of                      Incorporated by Reference                             Standard 34, ‘‘Designation and Safety
                                                     OIRA as a significant energy action. For                  In this NOPR, DOE proposes to                       Classification of Refrigerants,’’ that fall
                                                     any proposed significant energy action,                 incorporate by reference AHRI 420–                    within the scope of positive
                                                     the agency must give a detailed                         2008, titled ‘‘Performance Rating of                  displacement refrigerant compressors
                                                     statement of any adverse effects on                     Forced-Circulation Free Delivery Unit                 and condensing units that operate at


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                           54949

                                                     subcritical temperatures of the                         will be required. DHS has determined                  public meeting. After the public meeting
                                                     refrigerant, which either (a) do not have               that regular driver’s licenses (and ID                and until the end of the comment
                                                     liquid injection or (b) incorporate liquid              cards) from the following jurisdictions               period, interested parties may submit
                                                     injection that is achieved by compressor                are not acceptable for entry into DOE                 further comments on the proceedings
                                                     motor power.                                            facilities: Alaska, American Samoa,                   and any aspect of the rulemaking.
                                                        Copies of ASHRAE 23.1–2010 may be                    Arizona, Louisiana, Maine,                               The public meeting will be conducted
                                                     purchased from ASHRAE at 1971 Tullie                    Massachusetts, Minnesota, New York,                   in an informal, conference style. DOE
                                                     Circle NE., Atlanta, GA 30329, or by                    Oklahoma, and Washington. Acceptable                  will present summaries of comments
                                                     going to http://www.ashrae.org.                         alternate forms of Photo-ID include a                 received before the public meeting,
                                                        Finally, DOE proposes to incorporate                 U.S. Passport or Passport Card; an                    allow time for prepared general
                                                     by reference ASTM Standard C518–04,                     Enhanced Driver’s License or Enhanced                 statements by participants, and
                                                     entitled ‘‘Standard Test Method for                     ID-Card issued by the states of                       encourage all interested parties to share
                                                     Steady-State Thermal Transmission                       Minnesota, New York or Washington                     their views on issues affecting this
                                                     Properties by Means of the Heat Flow                    (Enhanced licenses issued by these                    rulemaking. Each participant will be
                                                     Meter Apparatus.’’ ASTM C518–04                         states are clearly marked Enhanced or                 allowed to make a general statement
                                                     provides a test method for measuring                    Enhanced Driver’s License); or a                      (within time limits determined by DOE),
                                                     steady state thermal transmission                       military ID or other Federal government               before the discussion of specific topics.
                                                     through flat slab specimens using a heat                issued Photo-ID card.                                 DOE will permit, as time permits, other
                                                     flow meter apparatus, to allow                             In addition, you can attend the public             participants to comment briefly on any
                                                     determination of thermal conductance.                   meeting via webinar. Webinar                          general statements.
                                                        Copies of ASTM C518–04 may be                        registration information, participant                    At the end of all prepared statements
                                                     purchased by calling ASTM Sales at 1–                   instructions, and information about the               on a topic, DOE will permit participants
                                                     877–909–ASTM, or by going to http://                    capabilities available to webinar                     to clarify their statements briefly and
                                                     www.astm.org.                                           participants will be published on DOE’s               comment on statements made by others.
                                                                                                             Web site: https://www1.eere.energy.gov/               Participants should be prepared to
                                                     V. Public Participation                                 buildings/appliance_standards/                        answer questions by DOE and by other
                                                     A. Attendance at Public Meeting                         standards.aspx?productid=56&                          participants concerning these issues.
                                                                                                             action=viewlive. Participants are                     DOE representatives may also ask
                                                        The time, date and location of the                   responsible for ensuring their systems                questions of participants concerning
                                                     public meeting are listed in the DATES                  are compatible with the webinar                       other matters relevant to this
                                                     and ADDRESSES sections at the beginning                 software.                                             rulemaking. The official conducting the
                                                     of this document. If you plan to attend                                                                       public meeting will accept additional
                                                     the public meeting, please notify Ms.                   B. Procedure for Submitting Prepared
                                                                                                                                                                   comments or questions from those
                                                     Regina Washington at (202) 586–1214 or                  General Statements for Distribution
                                                                                                                                                                   attending, as time permits. The
                                                     Regina.Washington@ee.doe.gov.                              Any person who has plans to present                presiding official will announce any
                                                        Please note that foreign nationals                   a prepared general statement may                      further procedural rules or modification
                                                     visiting DOE Headquarters are subject to                request that copies of his or her                     of the procedures that may be needed
                                                     advance security screening procedures                   statement be made available at the                    for the proper conduct of the public
                                                     which require advance notice prior to                   public meeting. Such persons may                      meeting.
                                                     attendance at the public meeting. If a                  submit requests, along with an advance                   A transcript of the public meeting will
                                                     foreign national wishes to participate in               electronic copy of their statement in                 be included in the docket, which can be
                                                     the public meeting, please inform DOE                   PDF (preferred), Microsoft Word or                    viewed as described in the Docket
                                                     of this fact as soon as possible by                     Excel, WordPerfect, or text (ASCII) file              section at the beginning of this notice.
                                                     contacting Ms. Regina Washington at                     format, to the appropriate address                    In addition, any person may buy a copy
                                                     (202) 586–1214 or by email:                             shown in the ADDRESSES section at the                 of the transcript from the transcribing
                                                     Regina.Washington@ee.doe.gov so that                    beginning of this notice. The request                 reporter.
                                                     the necessary procedures can be                         and advance copy of statements must be
                                                     completed.                                              received at least one week before the                 D. Submission of Comments
                                                        DOE requires visitors to have laptops                public meeting and may be emailed,                       DOE will accept comments, data, and
                                                     and other devices, such as tablets,                     hand-delivered, or sent by mail. DOE                  information regarding this proposed
                                                     checked upon entry into the building.                   prefers to receive requests and advance               rule before or after the public meeting,
                                                     Any person wishing to bring these                       copies via email. Please include a                    but no later than the date provided in
                                                     devices into the Forrestal Building will                telephone number to enable DOE staff to               the DATES section at the beginning of
                                                     be required to obtain a property pass.                  make a follow-up contact, if needed.                  this proposed rule. Interested parties
                                                     Visitors should avoid bringing these                                                                          may submit comments using any of the
                                                     devices, or allow an extra 45 minutes to                C. Conduct of Public Meeting                          methods described in the ADDRESSES
                                                     check in. Please report to the visitor’s                   DOE will designate a DOE official to               section at the beginning of this notice.
                                                     desk to have devices checked before                     preside at the public meeting and may                    Submitting comments via
                                                     proceeding through security.                            also use a professional facilitator to aid            regulations.gov. The
                                                        Due to the REAL ID Act implemented                   discussion. The meeting will not be a                 www.regulations.gov Web page will
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                                                     by the Department of Homeland                           judicial or evidentiary-type public                   require you to provide your name and
                                                     Security (DHS), there have been recent                  hearing, but DOE will conduct it in                   contact information. Your contact
                                                     changes regarding ID requirements for                   accordance with section 336 of EPCA                   information will be viewable to DOE
                                                     individuals wishing to enter Federal                    (42 U.S.C. 6306). A court reporter will               Building Technologies staff only. Your
                                                     buildings from specific states and U.S.                 be present to record the proceedings and              contact information will not be publicly
                                                     territories. Driver’s licenses from the                 prepare a transcript. DOE reserves the                viewable except for your first and last
                                                     following states or territory will not be               right to schedule the order of                        names, organization name (if any), and
                                                     accepted for building entry and one of                  presentations and to establish the                    submitter representative name (if any).
                                                     the alternate forms of ID listed below                  procedures governing the conduct of the               If your comment is not processed


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                                                     54950               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     properly because of technical                           copies. No facsimiles (faxes) will be                 E. Issues on Which DOE Seeks Comment
                                                     difficulties, DOE will use this                         accepted.                                                Although DOE welcomes comments
                                                     information to contact you. If DOE                         Comments, data, and other                          on any aspect of this proposal, DOE is
                                                     cannot read your comment due to                         information submitted to DOE                          particularly interested in receiving
                                                     technical difficulties and cannot contact               electronically should be provided in                  comments and views of interested
                                                     you for clarification, DOE may not be                   PDF (preferred), Microsoft Word or                    parties concerning the following issues:
                                                     able to consider your comment.                          Excel, WordPerfect, or text (ASCII) file                 (1) DOE requests comment on the
                                                        However, your contact information                    format. Provide documents that are not                proposed definitions for dedicated
                                                     will be publicly viewable if you include                secured, written in English and free of               condensing unit and dedicated
                                                     it in the comment or in any documents                   any defects or viruses. Documents                     condensing refrigeration system.
                                                     attached to your comment. Any                           should not contain special characters or                 (2) DOE requests comment on the
                                                     information that you do not want to be                  any form of encryption and, if possible,              proposed definition for packaged
                                                     publicly viewable should not be                         they should carry the electronic                      dedicated system.
                                                     included in your comment, nor in any                    signature of the author.                                 (3) DOE requests comments on the
                                                     document attached to your comment.                                                                            proposed definitions for matched
                                                                                                                Campaign form letters. Please submit
                                                     Persons viewing comments will see only                                                                        condensing unit and matched
                                                                                                             campaign form letters by the originating
                                                     first and last names, organization                                                                            refrigeration system.
                                                                                                             organization in batches of between 50 to                 (4) DOE requests comments on the
                                                     names, correspondence containing                        500 form letters per PDF or as one form
                                                     comments, and any documents                                                                                   proposed definitions for indoor and
                                                                                                             letter with a list of supporters’ names               outdoor condensing units.
                                                     submitted with the comments.                            compiled into one or more PDFs. This
                                                        Do not submit to www.regulations.gov                                                                          (5) DOE requests comment on its
                                                                                                             reduces comment processing and                        proposal to change the ‘‘multiplex
                                                     information for which disclosure is                     posting time.
                                                     restricted by statute, such as trade                                                                          condensing’’ class designation to ‘‘unit
                                                     secrets and commercial or financial                        Confidential Business Information.                 cooler’’ and on its proposal to add a
                                                     information (hereinafter referred to as                 According to 10 CFR 1004.11, any                      definition for ‘‘unit cooler’’ in the CFR,
                                                     Confidential Business Information                       person submitting information that he                 using the definition that currently is in
                                                     (CBI)). Comments submitted through                      or she believes to be confidential and                AHRI 1250–2009.
                                                     www.regulations.gov cannot be claimed                   exempt by law from public disclosure                     (6) DOE requests comment on the
                                                                                                             should submit via email, postal mail, or              proposed modifications to the definition
                                                     as CBI. Comments received through the
                                                                                                             hand delivery two well-marked copies:                 of refrigeration system.
                                                     Web site will waive any CBI claims for
                                                                                                             one copy of the document marked                          (7) DOE requests comment on the
                                                     the information submitted. For                                                                                proposed definition for adaptive defrost.
                                                     information on submitting CBI, see the                  confidential including all the
                                                                                                             information believed to be confidential,                 (8) DOE requests comment on the
                                                     Confidential Business Information                                                                             definition for process cooling
                                                     section.                                                and one copy of the document marked
                                                                                                             non-confidential with the information                 refrigeration system. DOE also requests
                                                        DOE processes submissions made                                                                             data or information on any other
                                                     through www.regulations.gov before                      believed to be confidential deleted.
                                                                                                             Submit these documents via email or on                qualities, characteristics, or features
                                                     posting. Normally, comments will be                                                                           specific to the refrigeration system itself
                                                     posted within a few days of being                       a CD, if feasible. DOE will make its own
                                                                                                             determination about the confidential                  (either mentioned in this section or not)
                                                     submitted. However, if large volumes of                                                                       that would clearly distinguish process
                                                     comments are being processed                            status of the information and treat it
                                                                                                             according to its determination.                       refrigeration from other refrigeration
                                                     simultaneously, your comment may not                                                                          systems or would cause a certain
                                                     be viewable for up to several weeks.                       Factors of interest to DOE when                    process refrigeration system to be
                                                     Please keep the comment tracking                        evaluating requests to treat submitted                unable to meet a walk-in refrigeration
                                                     number that www.regulations.gov                         information as confidential include (1) a             system standard. DOE particularly
                                                     provides after you have successfully                    description of the items, (2) whether                 requests data for condensing units
                                                     uploaded your comment.                                  and why such items are customarily                    distributed individually; in the absence
                                                        Submitting comments via email, hand                  treated as confidential within the                    of any evidence that individual
                                                     delivery, or mail. Comments and                         industry, (3) whether the information is              condensing units designed for process
                                                     documents submitted via email, hand                     generally known by or available from                  refrigeration are fundamentally different
                                                     delivery, or mail also will be posted to                other sources, (4) whether the                        from other individual condensing units,
                                                     www.regulations.gov. If you do not want                 information has previously been made                  DOE will have no basis for excluding
                                                     your personal contact information to be                 available to others without obligation                such condensing units from the scope of
                                                     publicly viewable, do not include it in                 concerning its confidentiality, (5) an                the standards. Further, DOE requests
                                                     your comment or any accompanying                        explanation of the competitive injury to              comment on the proposal to allow 60
                                                     documents. Instead, provide your                        the submitting person which would                     days after publication of the final rule
                                                     contact information on a cover letter.                  result from public disclosure, (6) when               for manufacturers of process cooling
                                                     Include your first and last names, email                such information might lose its                       refrigeration systems to attain
                                                     address, telephone number, and                          confidential character due to the                     compliance with the applicable
                                                     optional mailing address. The cover                     passage of time, and (7) why disclosure               regulations.
                                                                                                             of the information would be contrary to
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                                                     letter will not be publicly viewable as                                                                          (9) DOE requests comment on the
                                                     long as it does not include any                         the public interest.                                  proposed definition for preparation
                                                     comments                                                   It is DOE’s policy that all comments               room refrigeration. DOE requests
                                                        Include contact information each time                may be included in the public docket,                 comment on any other characteristics of
                                                     you submit comments, data, documents,                   without change and as received,                       preparation room refrigeration that (1)
                                                     and other information to DOE. If you                    including any personal information                    clearly distinguishes it from walk-in
                                                     submit via mail or hand delivery, please                provided in the comments (except                      refrigeration systems and (2) would
                                                     provide all items on a CD, if feasible. It              information deemed to be exempt from                  cause this equipment to be unable to
                                                     is not necessary to submit printed                      public disclosure).                                   meet a walk-in refrigeration standard.


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                          54951

                                                        (10) DOE requests comment on the                       Issued in Washington, DC, on July 29,               that meets the requirements of § 429.70
                                                     proposed definition for ‘‘refrigerated                  2016.                                                 and the provisions of this section.
                                                     storage space.’’ DOE requests comment                   Kathleen B. Hogan,                                       (i) Applicable test procedure. If the
                                                     on whether any further clarification is                 Deputy Assistant Secretary for Energy                 AWEF is determined by testing, refer to
                                                     needed to clearly distinguish equipment                 Efficiency, Energy Efficiency and Renewable           the following for the appropriate test
                                                     that is subject to the standard from                    Energy.                                               procedure to use:
                                                     equipment that is not.                                    For the reasons stated in the                          (A) Unit cooler test procedure. For
                                                        (11) DOE requests comments on its                    preamble, DOE is proposing to amend                   unit coolers tested alone, use the test
                                                     proposal to remove from the test                        parts 429 and 431 of chapter II of title              procedure in 10 CFR part 431, subpart
                                                     procedure the credit-based method for                   10, Code of Federal Regulations as set                R, appendix C. Follow the general
                                                     calculating the efficiency benefit of hot               forth below:                                          testing provisions in appendix C,
                                                     gas defrost.                                                                                                  sections 3.1 and 3.2, and the product-
                                                        (12) DOE requests comment on the                     PART 429—CERTIFICATION,                               specific provisions in appendix C,
                                                     revised representation requirements.                    COMPLIANCE, AND ENFORCEMENT                           section 3.3.
                                                        (13) DOE seeks comment on the                        FOR CONSUMER PRODUCTS AND                                (B) Dedicated condensing unit test
                                                     proposed additions to the reporting                     COMMERCIAL AND INDUSTRIAL                             procedure. For dedicated condensing
                                                     requirements. See section V.E for a list                EQUIPMENT                                             units tested alone, use the test
                                                     of issues on which DOE seeks comment.                                                                         procedure in 10 CFR part 431, subpart
                                                        (14) DOE seeks comment on the                        ■ 1. The authority citation for part 429              R, appendix C. Follow the general
                                                     proposed requirements for                               continues to read as follows:                         testing provisions in appendix C,
                                                     manufacturers to label their walk-in                      Authority: 42 U.S.C. 6291–6317; 28 U.S.C.           sections 3.1 and 3.2, and the product-
                                                     equipment and update their marketing                    2461 note.                                            specific provisions in appendix C,
                                                     materials for walk-in equipment to                                                                            section 3.4.
                                                     include efficiency information. DOE                     ■ 2. Section 429.12 is amended by                        (C) Packaged dedicated system test
                                                     also seeks comment on whether it                        revising paragraph (b)(6) to read as                  procedure. For packaged dedicated
                                                     should add a requirement specifying                     follows:                                              systems, use the test procedure in 10
                                                     that the permanent nameplates on                        § 429.12 General requirements applicable              CFR part 431, subpart R, appendix C.
                                                     doors, panels, and refrigeration systems                to certification reports.                             Follow the general testing provisions in
                                                     be visible at all times, including when                                                                       appendix C, sections 3.1 and 3.2, and
                                                                                                             *      *     *    *     *
                                                     the component is assembled into a                                                                             the product-specific provisions in
                                                     complete walk-in. Further, DOE asks                        (b) * * *
                                                                                                                                                                   appendix C, section 3.3.
                                                     whether these requirements are                             (6) For each brand, the basic model                   (D) Matched refrigeration system test
                                                     technologically and economically                        number and the manufacturer’s                         procedure. For matched refrigeration
                                                     feasible. DOE particularly seeks data                   individual model number(s) in that                    systems, use the test procedure in 10
                                                     from manufacturers regarding the cost of                basic model with the following                        CFR part 431, subpart R, appendix C.
                                                     labeling and updating marketing                         exceptions: For external power supplies               Follow the general testing provisions in
                                                     materials.                                              that are certified based on design                    appendix C, sections 3.1 and 3.2, and
                                                        (15) DOE requests comment on its                     families, the design family model                     the product-specific provisions in
                                                     determination that this proposal would                  number and the individual                             appendix C, section 3.3. It is not
                                                     not introduce any changes that increase                 manufacturer’s model numbers covered                  necessary to rate a matched refrigeration
                                                     test burden or alter the measured energy                by that design family must be submitted               system if the constituent unit cooler(s)
                                                     use of walk-in equipment.                               for each brand. For distribution                      and dedicated condensing unit have
                                                        (16) DOE seeks input on its Initial                  transformers, the basic model number or               been tested and rated as specified
                                                     Regulatory Flexibility Analysis from                    kVA grouping model number                             paragraphs (a)(2)(i)(A) and (B),
                                                     businesses that would be affected by                    (depending on the certification method)               respectively. However, if a manufacturer
                                                     this rulemaking and will consider                       for each brand must be submitted. For                 wishes to represent the efficiency of the
                                                     comments received in the development                    commercial HVAC, WH, and                              matched refrigeration system as distinct
                                                     of any final rule.                                      refrigeration equipment, an individual                from the efficiency of either constituent
                                                                                                             manufacturer model number may be                      component, or if the manufacturer
                                                     VI. Approval of the Office of the                       identified as a ‘‘private model number’’
                                                     Secretary                                                                                                     cannot rate one or both of the
                                                                                                             if it meets the requirements of                       constituent components using the
                                                       The Secretary of Energy has approved                  § 429.7(b).                                           specified method, the manufacturer
                                                     publication of this proposed rule.                      *      *     *    *     *                             must test and certify the matched
                                                     List of Subjects                                        ■ 3. Section 429.53 is revised to read as             refrigeration system as specified in this
                                                                                                             follows:                                              paragraph (a)(2)(i)(D).
                                                     10 CFR Part 429                                                                                                  (ii) Units to be tested. (A) If the
                                                                                                             § 429.53 Walk-in coolers and walk-in                  represented value for a given
                                                       Administrative practice and
                                                                                                             freezers.
                                                     procedure, Confidential business                                                                              refrigeration system basic model is
                                                     information, Energy conservation,                         (a) Determination of represented                    determined through testing, the general
                                                     Reporting and recordkeeping                             value. (1) The requirements of § 429.11               requirements of § 429.11 apply; and
                                                                                                             are applicable to walk-in coolers and
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                                                     requirements.                                                                                                    (B) For each basic model, a sample of
                                                                                                             walk-in freezers; and                                 sufficient size shall be randomly
                                                     10 CFR Part 431                                           (2) For each basic model of walk-in                 selected and tested to ensure that any
                                                       Administrative practice and                           cooler and walk-in freezer refrigeration              represented value of AWEF or other
                                                     procedure, Confidential business                        system, the annual walk-in energy factor              measure of energy efficiency of a basic
                                                     information, Energy conservation test                   (AWEF) must be determined either by                   model for which consumers would favor
                                                     procedures, Incorporation by reference,                 testing, in accordance with § 431.304 of              higher values shall be less than or equal
                                                     and Reporting and recordkeeping                         this chapter and the provisions of this               to the lower of:
                                                     requirements.                                           section, or by application of an AEDM                    (1) The mean of the sample, where:


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                                                     54952               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                                                                             procedure in 10 CFR part 431, subpart                    (i) For doors: The door type, R-value
                                                                                                             R, appendix B.                                        of the door insulation, and a declaration
                                                                                                               (ii) Units to be tested. (A) The general            that the manufacturer has incorporated
                                                                                                             requirements of § 429.11 apply; and                   the applicable design requirements. In
                                                       And x̄ is the sample mean; n is the                     (B) For each basic model, a sample of               addition, for those walk-in coolers and
                                                     number of samples; and xi is the ith                    sufficient size shall be randomly                     walk-in freezers with transparent reach-
                                                     sample, or,                                             selected and tested to ensure that—                   in doors and windows: The glass type
                                                       (2) The lower 95 percent confidence                     (1) Any represented value of door                   of the doors and windows (e.g., double-
                                                     limit (LCL) of the true mean divided by                 energy consumption or other measure of                pane with heat reflective treatment,
                                                     0.95, where:                                            energy use of a basic model for which                 triple-pane glass with gas fill), and the
                                                                                                             consumers would favor lower values                    power draw of the antisweat heater in
                                                                                                             shall be greater than or equal to the                 watts per square foot of door opening.
                                                                                                             higher of:                                               (ii) For walk-in cooler and walk-in
                                                                                                               (i) The mean of the sample, where:                  freezer panels: The R-value of the
                                                        And x̄ is the sample mean; s is the                                                                        insulation.
                                                     sample standard deviation; n is the                                                                              (iii) For walk-in cooler and walk-in
                                                     number of samples; and t0.95 is the t                                                                         freezer refrigeration systems: The
                                                     statistic for a 95% one-tailed confidence                                                                     motor’s purpose (i.e., evaporator fan
                                                     interval with n-1 degrees of freedom                                                                          motor or condenser fan motor), the
                                                     (from appendix A to subpart B).                           And x̄ is the sample mean; n is the
                                                                                                                                                                   horsepower, and a declaration that the
                                                        (C) The represented value of net                     number of samples; and xi is the ith
                                                                                                                                                                   manufacturer has incorporated the
                                                     capacity shall be the average of the                    sample, or,
                                                                                                               (ii) The upper 95 percent confidence                applicable design requirements.
                                                     capacities measured for the sample                                                                               (3) Pursuant to § 429.12(b)(13),
                                                     selected.                                               limit (UCL) of the true mean divided by
                                                                                                                                                                   starting on June 5, 2017, a certification
                                                        (iii) Alternative efficiency                         1.05, where:
                                                                                                                                                                   report must include the following
                                                     determination methods. In lieu of                                                                             public product-specific information in
                                                     testing, a represented value of AWEF for                                                                      addition to the information listed in
                                                     a basic model of a walk-in cooler or                                                                          paragraph (b)(2) of this section:
                                                     freezer refrigeration system must be                       And x̄ is the sample mean; s is the                   (i) For walk-in cooler and walk-in
                                                     determined through the application of                   sample standard deviation; n is the                   freezer doors: The door energy
                                                     an AEDM pursuant to the requirements                    number of samples; and t0.95 is the t                 consumption and rated surface area in
                                                     of § 429.70 and the provisions of this                  statistic for a 95% one-tailed confidence             square feet.
                                                     section, where:                                         interval with n-1 degrees of freedom                     (ii) For refrigeration systems that are
                                                        (A) Any represented value of AWEF                    (from appendix A to subpart B).                       medium-temperature dedicated
                                                     or other measure of energy efficiency of                   (2) Any represented value of R-value               condensing units, medium-temperature
                                                     a basic model for which consumers                       or other measure of energy efficiency of              packaged dedicated systems, or
                                                     would favor higher values shall be less                 a basic model for which consumers                     medium-temperature matched systems:
                                                     than or equal to the output of the AEDM                 would favor higher values shall be less               The refrigeration system AWEF, net
                                                     and greater than or equal to the Federal                than or equal to the lower of:                        capacity, and the configuration tested
                                                     standard for that basic model.                             (i) The mean of the sample, where:                 for certification (e.g., condensing unit
                                                        (B) The represented value of net                                                                           only, unit cooler only, or matched pair).
                                                     capacity must be the net capacity                                                                                (4) Pursuant to § 429.12(b)(13),
                                                     simulated by the AEDM.                                                                                        starting on June 5, 2017, a certification
                                                        (3) For each basic model of walk-in                                                                        report must include the following
                                                     cooler and walk-in freezer panels,                                                                            product-specific information in addition
                                                                                                               And x̄ is the sample mean; n is the




                                                                                                                                                                                                                EP17AU16.006</GPH>
                                                     display doors, and non-display doors,                                                                         to the information listed in paragraphs
                                                     the R-value and/or energy consumption                   number of samples; and xi is the ith                  (b)(2) and (3) of this section: For doors:
                                                     must be determined by testing, in                       sample, or,                                           The rated power of each light, heater
                                                     accordance with § 431.304 of this                         (ii) The lower 95 percent confidence
                                                                                                                                                                   wire, and/or other electricity consuming
                                                     chapter and the provisions of this                      limit (LCL) of the true mean divided by
                                                                                                                                                                   device associated with each basic model



                                                                                                                                                                                                                EP17AU16.005</GPH>
                                                     section.                                                0.95, where:
                                                                                                                                                                   of display and non-display door; and
                                                        (i) Applicable test procedure. Refer to                                                                    whether such device(s) has a timer,
                                                     the following for the appropriate test                                                                        control system, or other demand-based
                                                     procedure:                                                                                                    control reducing the device’s power
                                                        (A) Display door test procedure. For                                                                       consumption.
                                                                                                                                                                                                                EP17AU16.004</GPH>
                                                                                                                And x̄ is the sample mean; s is the
                                                     determining the energy consumption                      sample standard deviation; n is the                      (5) Starting on [COMPLIANCE DATE
                                                     and rated surface area in square feet, use              number of samples; and t0.95 is the t                 OF FINAL RULE FOR UPDATED
                                                     the test procedure in 10 CFR part 431,                  statistic for a 95% one-tailed confidence             REFRIGERATION STANDARDS], a
                                                     subpart R, appendix A.                                  interval with n-1 degrees of freedom                  certification report must include the
                                                                                                                                                                                                                EP17AU16.003</GPH>




                                                        (B) Non-display door test procedure.                 (from appendix A to subpart B).                       following public product-specific
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                                                     For determining the energy                                 (b) Certification reports. (1) The                 information in addition to the
                                                     consumption and rated surface area in                   requirements of § 429.12 are applicable               information listed in paragraph (b)(2) of
                                                     square feet, use the test procedure in 10               to manufacturers of walk-in cooler and                this section:
                                                     CFR part 431, subpart R, appendix A.                    walk-in freezer panels, doors, and                       (i) For refrigeration systems that are
                                                                                                                                                                                                                EP17AU16.002</GPH>




                                                     For determining the R-value, use the test               refrigeration systems, and;                           low-temperature dedicated condensing
                                                     procedure in 10 CFR part 431, subpart                      (2) Pursuant to § 429.12(b)(13), a                 units, low-temperature matched
                                                     R, appendix B.                                          certification report must include the                 systems, or medium and low-
                                                        (C) Panel test procedure. For                        following public product-specific                     temperature unit coolers: The
                                                                                                                                                                                                                EP17AU16.001</GPH>




                                                     determining the R-value, use the test                   information:                                          refrigeration system AWEF, net


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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                           54953

                                                     capacity, and the configuration tested                  capacity is within five percent of the                ‘‘Preparation room refrigeration,’’
                                                     for certification (e.g., condensing unit                certified net capacity.                               ‘‘Refrigerated storage space,’’ ‘‘Unit
                                                     only, unit cooler only, or matched pair).                 (i) If the certified net capacity is found          cooler’’, and ‘‘Walk-in process cooling
                                                     ■ 4. Section 429.110 is amended by                      to be valid, the certified net capacity               refrigeration system’’; and
                                                     revising paragraph (e)(2) to read as                    will be used as the basis for calculating             ■ b. Revising the definition of
                                                     follows:                                                the AWEF of the basic model.                          ‘‘refrigeration system’’;
                                                                                                               (ii) If the certified refrigeration                    The revision and additions read as
                                                     § 429.110   Enforcement testing.                        capacity is found to be invalid, the                  follows:
                                                     *      *    *     *     *                               average measured refrigeration capacity
                                                        (e) * * *                                            will serve as the basis for calculating the           § 431.302 Definitions concerning walk-in
                                                                                                             annual energy consumption for the                     coolers and walk-in freezers.
                                                        (2) For automatic commercial ice
                                                     makers; commercial refrigerators,                       basic model.                                             Adaptive defrost means a defrost
                                                     freezers, and refrigerator-freezers;                      (3) Verification of door surface area.              control system that reduces defrost
                                                     refrigerated bottled or canned vending                  The surface area of a display door or                 frequency by initiating defrosts or
                                                     machines; commercial air conditioners                   non-display door basic model will be                  adjusting the number of defrosts per day
                                                     and heat pumps; commercial packaged                     measured pursuant to the requirements                 in response to operating conditions (e.g.,
                                                     boilers; commercial warm air furnaces;                  of 10 CFR part 431, subpart R, appendix               moisture levels in the refrigerated space,
                                                     commercial water heating equipment;                     A for each unit tested. The results of the            measurements that represent coil frost
                                                     and walk-in cooler and freezer                          measurement(s) will be averaged and                   load) rather than initiating defrost
                                                     refrigeration systems, DOE will use an                  compared to the value of the surface                  strictly based on compressor run time or
                                                     initial sample size of not more than four               area certified by the manufacturer. The               clock time.
                                                     units and follow the sampling plans in                  certified surface area will be considered             *      *     *     *     *
                                                     appendix B of this subpart (Sampling                    valid only if the average measured                       Dedicated condensing unit means a
                                                     Plan for Enforcement Testing of Covered                 surface area is within one percent of the             positive displacement condensing unit
                                                     Equipment and Certain Low-Volume                        certified surface area.                               that is part of a refrigeration system (as
                                                     Covered Products).                                        (i) If the certified surface area is found          defined in 10 CFR 431.302) and is an
                                                                                                             to be valid, the certified surface area               assembly that
                                                     *      *    *     *     *
                                                                                                             will be used as the basis for calculating                (1) Includes 1 or more compressors, a
                                                     ■ 4. Section 429.134 is amended by
                                                                                                             the maximum energy consumption                        condenser, and one refrigeration circuit;
                                                     adding paragraph (l) to read as follows:                (kWh/day) of the basic model.                         and
                                                     § 429.134 Product-specific enforcement                    (ii) If the certified surface area is                  (2) Is designed to serve one
                                                     provisions.                                             found to be invalid, the average                      refrigerated load.
                                                     *      *     *    *      *                              measured surface area will serve as the                  Dedicated condensing refrigeration
                                                                                                             basis for calculating the maximum                     system means either:
                                                        (l) Walk-in coolers and walk-in
                                                                                                             energy consumption (kWh/day) of the                      (1) A dedicated condensing unit;
                                                     freezers. (1) If DOE determines that a
                                                                                                             basic model.                                             (b) A packaged dedicated system; or
                                                     basic model of a panel, door, or
                                                                                                               (4) For each basic model of walk-in                    (3) A matched refrigeration system.
                                                     refrigeration system for walk-in coolers
                                                                                                             cooler and freezer door, DOE will                     *      *     *     *     *
                                                     or walk-in freezers fails to meet an
                                                                                                             calculate the door’s energy consumption                  Indoor dedicated condensing
                                                     applicable energy conservation
                                                                                                             using the power listed on the nameplate               refrigeration system means a dedicated
                                                     standard, then the manufacturer of that
                                                                                                             of each electricity consuming device                  condensing refrigeration system that is
                                                     basic model is responsible for the
                                                                                                             shipped with the door. If an electricity              not an outdoor dedicated refrigeration
                                                     noncompliance with the applicable
                                                                                                             consuming device shipped with a walk-                 system.
                                                     standard. If DOE determines that a
                                                                                                             in door does not have a nameplate or
                                                     complete walk-in cooler or walk-in                                                                            *      *     *     *     *
                                                                                                             such nameplate does not list the
                                                     freezer or component thereof fails to                                                                            Matched condensing unit means a
                                                                                                             device’s power, then DOE will use the
                                                     meet an applicable energy conservation                                                                        dedicated condensing unit that is
                                                                                                             device’s ‘‘rated power’’ included in the
                                                     standard, then the manufacturer of that                                                                       distributed in commerce with one or
                                                                                                             door’s certification report.
                                                     walk-in cooler or walk-in freezer is                                                                          more unit cooler(s) specified by the
                                                     responsible for the noncompliance with                  PART 431—ENERGY EFFICIENCY                            condensing unit manufacturer.
                                                     the applicable standard, except that the                PROGRAM FOR CERTAIN                                      Matched refrigeration system (also
                                                     manufacturer of a complete walk-in                      COMMERCIAL AND INDUSTRIAL                             called matched pair) means a
                                                     cooler or walk-in freezer is not                        EQUIPMENT                                             refrigeration system including the
                                                     responsible either for the use of                                                                             matched condensing unit and the one or
                                                     components that were certified and                      ■ 5. The authority citation for part 431              more unit coolers with which it is
                                                     labeled as compliant by another party                   continues to read as follows:                         distributed in commerce.
                                                     that are later found to be noncompliant.                  Authority: 42 U.S.C. 6291–6317; 28 U.S.C.              Outdoor dedicated condensing
                                                        (2) Verification of refrigeration system             2461 note.                                            refrigeration system means a dedicated
                                                     net capacity. The net capacity of the                   ■  6. Section 431.302 is amended by:                  condensing unit, packaged dedicated
                                                     refrigeration system basic model will be                ■  a. Adding in alphabetical order,                   system, or matched refrigeration system
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                                                     measured pursuant to the test                           definitions for ‘‘Adaptive defrost,’’                 in which the assembly (including the
                                                     requirements of 10 CFR part 431,                        ‘‘Dedicated condensing unit,’’                        compressor(s) and condenser) is
                                                     subpart R, appendix C for each unit                     ‘‘Dedicated condensing refrigeration                  encased and the system is capable of
                                                     tested. The results of the                              system,’’ ‘‘Indoor dedicated condensing               maintaining a net capacity at the 35 °F
                                                     measurement(s) will be averaged and                     refrigeration system,’’ ‘‘Matched                     outdoor temperature condition that is
                                                     compared to the value of net capacity                   condensing unit,’’ ‘‘Matched                          no less than 65 percent of the net
                                                     certified by the manufacturer. The                      refrigeration system,’’ ‘‘Outdoor                     capacity measured at the 95 °F outdoor
                                                     certified net capacity will be considered               dedicated condensing refrigeration                    temperature condition for a period of no
                                                     valid only if the average measured net                  system,’’ ‘‘Packaged dedicated system,’’              less than one hour.


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                                                     54954               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                        Packaged dedicated system means a                    ■  c. Redesignating paragraphs (c) and                   (4) Determine the AWEF and net
                                                     refrigeration system (as defined in 10                  (d) as paragraphs (d) and (e),                        capacity of walk-in cooler and walk-in
                                                     CFR 431.302) that is a single-package                   respectively, and adding new paragraph                freezer refrigeration systems by
                                                     assembly that includes one or more                      (c);                                                  conducting the test procedure set forth
                                                     compressors, a condenser, a means for                   ■ d. Revising newly redesignated                      in appendix C to this subpart.
                                                     forced circulation of refrigerated air, and             paragraph (d)(1), by removing                         ■ 9. Section 431.305 is added to read as
                                                     elements by which heat is transferred                   ‘‘appendix A to subpart R of part 431’’               follows:
                                                     from air to refrigerant, without any                    and adding in its place, ‘‘appendix B to
                                                                                                             subpart R of part 431’’.                              § 431.305 Walk-in coolers and walk-in
                                                     element external to the system imposing
                                                                                                                                                                   freezers labeling requirements.
                                                     resistance to flow of the refrigerated air.                The revisions and addition read as
                                                                                                             follows:                                                 (a) Panel nameplate—(1) Required
                                                     *      *     *     *    *                                                                                     information. The permanent nameplate
                                                        Preparation room refrigeration means                 § 431.303 Materials incorporated by                   of a walk-in cooler or walk-in freezer
                                                     a unit cooler that is designed for use in               reference.                                            panel for which standards are
                                                     a room occupied by personnel who are
                                                                                                             *     *    *      *    *                              prescribed in § 431.306 must be marked
                                                     preparing food and that is characterized                  (b) * * *                                           clearly with the following information:
                                                     by low outlet air velocity, evaporator                    (1) ANSI/AHRI 420–2008, (‘‘AHRI                        (i) The rated R-value;
                                                     temperature between 30 and 55 degrees                   420–2008’’), ‘‘Performance Rating of                     (ii) The panel brand;
                                                     Fahrenheit, and electric or hot gas                     Forced-Circulation Free-Delivery Unit                    (iii) The panel model number;
                                                     defrost.                                                Coolers for Refrigeration,’’ Copyright                   (iv) The date of manufacture of the
                                                     *      *     *     *    *                               2008, IBR approved for appendix C to                  panel; and
                                                        Refrigerated storage space means a                   subpart R of part 431.                                   (v) The statement, ‘‘This panel is
                                                     space held at refrigerated (as defined in                                                                     designed and certified for use in walk-
                                                                                                             *     *    *      *    *
                                                     10 CFR 431.302) temperatures.                             (c) ASHRAE. The American Society of                 in cooler and freezer applications.’’
                                                     *      *     *     *    *                               Heating, Refrigerating, and Air-                         (2) Display of required information.
                                                        Refrigeration system means the                       Conditioning Engineers, Inc., 1971                    All orientation, spacing, type sizes,
                                                     mechanism (including all controls and                   Tullie Circle NE., Atlanta, GA 30329, or              typefaces, and line widths to display
                                                     other components integral to the                        http://www.ashrae.org/.                               this required information must be the
                                                     system’s operation) used to create the                    (1) ANSI/ASHRAE Standard 23.1–                      same as or similar to the display of the
                                                     refrigerated environment in the interior                2010, (‘‘ASHRAE 23.1–2010’’),                         other performance data included on the
                                                     of a walk-in cooler or freezer, consisting              ‘‘Methods of Testing for Rating the                   panel’s permanent nameplate. The R-
                                                     of:                                                     Performance of Positive Displacement                  value, as appropriate to a given panel
                                                        (1) A dedicated condensing                           Refrigerant Compressors and                           model, must be identified in the form
                                                     refrigeration system (as defined in 10                  Condensing Units that Operate at                      ‘‘R-value __.’’ The model number must
                                                     CFR 431.302); or                                        Subcritical Temperatures of the                       be in one of the following forms:
                                                        (2) A unit cooler.                                   Refrigerant,’’ Copyright 2010, IBR                    ‘‘Model __’’ or ‘‘Model number __’’ or
                                                     *      *     *     *    *                               approved for appendix C to subpart R of               ‘‘Model No. __.’’
                                                        Unit cooler means an assembly,                       part 431.                                                (b) Door nameplate—(1) Required
                                                     including means for forced air                            (2) [Reserved].                                     information. The permanent nameplate
                                                     circulation and elements by which heat                  *     *    *      *    *                              of a walk-in cooler or walk-in freezer
                                                     is transferred from air to refrigerant                  ■ 8. Section 431.304 is amended by
                                                                                                                                                                   door for which standards are prescribed
                                                     without any element external to the                     revising paragraph (b) and removing                   in § 431.306 must be marked clearly
                                                     cooler imposing air resistance.                         paragraph (c) to read as follows:                     with the following information:
                                                     *      *     *     *    *                                                                                        (i) The rated energy consumption;
                                                        Walk-in process cooling refrigeration                § 431.304 Uniform test method for the                    (ii) The door brand;
                                                     system means a refrigeration system that                measurement of energy consumption of                     (iii) The door model number;
                                                     is used exclusively for cooling food or                 walk-in coolers and walk-in freezers.                    (iv) The date of manufacture of the
                                                     other substances from one temperature                   *      *    *    *     *                              door; and
                                                     to another. The basic model of such a                      (b) Determine the energy efficiency                   (v) The statement, ‘‘This door is
                                                     system must either:                                     and/or energy consumption of the                      designed and certified for use in walk-
                                                        (1) Be distributed in commerce with                  specified walk-in cooler and walk-in                  in cooler and freezer applications.’’
                                                     an enclosure consisting of panels and                   freezer components by conducting the                     (2) Display of required information.
                                                     door(s) such that the assembled product                 appropriate test procedure as follows:                All orientation, spacing, type sizes,
                                                     has a refrigerating capacity of at least                   (1) Determine the U-factor,                        typefaces, and line widths to display
                                                     100 Btu/h per cubic foot of enclosed                    conduction load, and energy use of                    this required information must be the
                                                     internal volume; or                                     walk-in cooler and walk-in freezer                    same as or similar to the display of the
                                                        (2) Be a unit cooler having an                       display panels by conducting the test                 other performance data included on the
                                                     evaporator coil that is at least four-and-              procedure set forth in appendix A to                  door’s permanent nameplate. The
                                                     one-half (4.5) feet in height and whose                 this subpart.                                         energy consumption, as appropriate to a
                                                     height is at least one-and-one-half (1.5)                  (2) Determine the energy use of walk-              given door model, must be identified in
                                                                                                                                                                   the form ‘‘EC __.’’ The model number
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                                                     times the width.                                        in cooler and walk-in freezer display
                                                     ■ 7. Section 431.303 is amended by:                     doors and non-display doors by                        must be in one of the following forms:
                                                     ■ a. Redesignating paragraph (b)(1) as                  conducting the test procedure set forth               ‘‘Model __’’ or ‘‘Model number __’’ or
                                                     (b)(2), and adding new paragraph (b)(1);                in appendix A to this subpart.                        ‘‘Model No. __.’’
                                                     ■ b. Revising newly redesignated                           (3) Determine the R-value of walk-in                  (c) Refrigeration system nameplate—
                                                     paragraph (b)(2), by removing                           cooler and walk-in freezer non-display                (1) Required information. The
                                                     ‘‘§ 431.304’’, and adding in its place,                 panels and non-display doors by                       permanent nameplate of a walk-in
                                                     ‘‘§ 431.304 and appendix C to subpart R                 conducting the test procedure set forth               cooler or walk-in freezer refrigeration
                                                     of part 431.                                            in appendix B to this subpart.                        system for which standards are


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                                                                               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                                                      54955

                                                     prescribed in § 431.306 must be marked                               same as or similar to the display of the                              ■ d. Adding new section 3.5;
                                                     clearly with the following information:                              other performance data included on the                                ■ e. Revising newly redesignated
                                                       (i) The annual walk-in energy factor;                              refrigeration system’s permanent                                      section 3.6; and
                                                       (ii) The refrigeration system brand;                               nameplate. The annual walk-in energy
                                                       (iii) The refrigeration system model                                                                                                     ■ f. Revising Table A.1.
                                                                                                                          factor, as appropriate to a given
                                                     number;                                                              refrigeration system model, must be                                     The revisions and additions read as
                                                       (iv) The date of manufacture of the                                identified in the form ‘‘AWEF __.’’ The                               follows:
                                                     refrigeration system; and                                            model number must be in one of the
                                                       (v) The statement, ‘‘This refrigeration                                                                                                  Appendix A to Subpart R of Part 431—
                                                                                                                          following forms: ‘‘Model __’’ or ‘‘Model
                                                     system is designed and certified for use                                                                                                   Uniform Test Method for the
                                                                                                                          number __’’ or ‘‘Model No. __.’’
                                                     in walk-in cooler and freezer                                                                                                              Measurement of Energy Consumption of
                                                                                                                            (d) Disclosure of efficiency
                                                     applications.’’                                                                                                                            the Components of Envelopes of Walk-
                                                                                                                          information in marketing materials. (1)
                                                       (2) Process cooling refrigeration                                                                                                        In Coolers and Walk-In Freezers
                                                     systems. The permanent nameplate of a                                The same information that must appear
                                                                                                                          on a walk-in cooler or walk-in freezer                                *        *       *       *   *
                                                     process cooling refrigeration system (as
                                                                                                                          component’s permanent nameplate                                          3.2 [Reserved]
                                                     defined in § 431.302) must be marked                                                                                                          3.3 [Reserved]
                                                     clearly with the following information:                              pursuant to paragraph (a)(1) of this
                                                                                                                          section, must also be prominently                                        3.4 Surface area means the area of the
                                                       (i) The refrigeration system brand;                                                                                                      surface of the walk-in component that would
                                                       (ii) The refrigeration system model                                displayed:
                                                                                                                            (i) On each page of a catalog that lists                            be external to the walk-in cooler or walk-in
                                                     number;                                                                                                                                    freezer as appropriate.
                                                       (iii) The date of manufacture of the                               the component; and
                                                                                                                                                                                                   3.5 Rated power means the electricity
                                                     refrigeration system; and                                              (ii) In other materials used to market
                                                                                                                                                                                                consuming device’s power as specified on
                                                       (iv) The statement, ‘‘This refrigeration                           the component.                                                        the device’s nameplate. If the device does not
                                                     system is designed only for use in walk-                             ■ 10. Appendix A to subpart R of part
                                                                                                                                                                                                have a nameplate or such nameplate does not
                                                     in cooler and freezer process cooling                                431 is amended by:                                                    list the device’s power, then the rated power
                                                     refrigeration applications.’’                                        ■ a. Removing and reserving sections                                  must be read from the device’s product data
                                                       (2) Display of required information.                               3.2 and 3.3;                                                          sheet.
                                                     All orientation, spacing, type sizes,                                ■ b. Revising section 3.4;                                               3.6 Rating conditions means, unless
                                                     typefaces, and line widths to display                                ■ c. Redesignating sections 3.5 and 3.6                               explicitly stated otherwise, all conditions
                                                     this required information must be the                                as sections 3.6 and 3.7.                                              shown in Table A.1 of this section.

                                                                                                                          TABLE A.1—TEMPERATURE CONDITIONS

                                                                                                                Internal Temperatures (cooled space within the envelope)

                                                     Cooler Dry Bulb Temperature ............................................................................................................................   35 °F.
                                                     Freezer Dry Bulb Temperature ..........................................................................................................................    ¥10 °F.

                                                                                                                 External Temperatures (space external to the envelope)

                                                     Freezer and Cooler Dry Bulb Temperatures .....................................................................................................             75 °F.



                                                     *     *    *     *     *                                             4.0 Test Methods, Measurements, and                                   form’’ means after extrusion and ready for
                                                                                                                          Calculations                                                          assembly into a panel or after assembly into
                                                     ■ 11. Adding appendices B and C to                                                                                                         a panel. Foam from foam-in-place panels
                                                     subpart R of part 431 to read as follows:                               4.1 The R value shall be the 1/K factor
                                                                                                                          multiplied by the thickness of the panel.                             must not include any structural members or
                                                                                                                             4.2 The K factor shall be based on ASTM                            non-foam materials. Foam produced as board
                                                     Appendix B to Subpart R of Part 431—                                                                                                       stock may be tested prior to its incorporation
                                                     Uniform Test Method for the                                          C518 (incorporated by reference; see
                                                                                                                          § 431.303).                                                           into a final panel. A test sample 1 ±0.1-inches
                                                     Measurement of R-Value for Envelope                                                                                                        in thickness must be taken from the center
                                                                                                                             4.3 For calculating the R value for
                                                     Components of Walk-In Coolers and                                    freezers, the K factor of the foam at 20 ±1                           of a panel and any protective skins or facers
                                                     Walk-in Freezers                                                     degrees Fahrenheit (average foam                                      must be removed. A high-speed band-saw
                                                                                                                          temperature) shall be used. Test results from                         and a meat slicer are two types of
                                                     1.0    Scope
                                                                                                                          a test sample 1 ±0.1-inches in thickness may                          recommended cutting tools. Hot wire cutters
                                                       This appendix covers the test requirements                         be used to determine the R value of panels                            or other heated tools must not be used for
                                                     used to measure the R-value of non-display                           with various foam thickness as long as the                            cutting foam test samples. The two surfaces
                                                     panels and non-display doors of a walk-in                            foam is of the same final chemical form.                              of the test sample that will contact the hot
                                                     cooler or walk-in freezer.                                              4.4 For calculating the R value for                                plate assemblies (as defined in ASTM C518
                                                                                                                          coolers, the K factor of the foam at 55 ±1                            (incorporated by reference, see § 431.303))
                                                     2.0    Definitions                                                   degrees Fahrenheit (average foam                                      must both maintain ±0.03 inches flatness
                                                       The definitions contained in § 431.302                             temperature) shall be used. Test results from                         tolerance and also maintain parallelism with
                                                                                                                          a test sample 1 ±0.1-inches in thickness may                          respect to one another within ±0.03 inches.
                                                     apply to this appendix.
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                                                                                                                          be used to determine the R value of panels                            Testing must be completed within 24 hours
                                                     3.0    Additional Definitions                                        with various foam thickness as long as the                            of samples being cut for testing.
                                                                                                                          foam is of the same final chemical form.                                 4.6 Internal non-foam member and/or
                                                        3.1 Edge region means a region of the
                                                                                                                             4.5 Foam shall be tested after it is                               edge regions shall not be considered when
                                                     panel that is wide enough to encompass any                                                                                                 testing in accordance with ASTM C518.
                                                                                                                          produced in its final chemical form. For foam
                                                     framing members. If the panel contains                               produced inside of a panel (‘‘foam-in-place’’),                          4.7 For panels consisting of two or more
                                                     framing members (e.g. a wood frame) then                             ‘‘final chemical form’’ means the foam is                             layers of dissimilar insulating materials
                                                     the width of the edge region must be as wide                         cured as intended and ready for use as a                              (excluding facers or protective skins), test
                                                     as any framing member plus an additional 2                           finished panel. For foam produced as board                            each material as described in sections 4.1
                                                     in. ±0.25 in.                                                        stock (typically polystyrene), ‘‘final chemical                       through 4.6 of this appendix. For a panel



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                                                     54956                     Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                     with N layers of insulating material, the                     2.0 Definitions                                                                   (incorporated by reference; see § 431.303),
                                                     overall R-Value shall be calculated as                           The definitions contained in § 431.302 and                                     and then either AHRI 420–2008
                                                     follows:                                                      AHRI 1250–2009 (incorporated by reference;                                        (incorporated by reference; see § 431.303) or
                                                                                                                   see § 431.303) apply to this appendix. When                                       ASHRAE 23.1–2010 (incorporated by
                                                                                                                   definitions in standards incorporated by                                          reference; see § 431.303).
                                                                                                                   reference are in conflict or when they are in                                        3.1. General modifications: Test Conditions
                                                                                                                   conflict with this section, the hierarchy of                                      and Tolerances.
                                                                                                                   precedence shall be in the following order:                                          When conducting testing in accordance
                                                                                                                   § 431.302, AHRI 1250–2009 (incorporated by                                        with AHRI 1250–2009 (incorporated by
                                                     Where:
                                                                                                                   reference; see § 431.303), and then either                                        reference; see § 431.303), the following
                                                     ki is the k factor of the ith material as                                                                                                       modifications must be made.
                                                                                                                   AHRI 420–2008 (incorporated by reference;
                                                           measured by ASTM C518, (incorporated                                                                                                         3.1.1. In Table 1, Instrumentation
                                                                                                                   see § 431.303) for unit coolers or ASHRAE
                                                           by reference, see § 431.303)                            23.1–2010 (incorporated by reference; see                                         Accuracy, refrigerant temperature
                                                     ti is the thickness of the ith material that                  § 431.303) for dedicated condensing units.                                        measurements shall have a tolerance of ±0.5
                                                           appears in the panel, and                                                                                                                 F for unit cooler in/out, ±1.0 F for all other
                                                     N is the total number of material layers that                 3.0 Test Methods, Measurements, and                                               temperature measurements.
                                                           appears in the panel.                                   Calculations                                                                         3.1.2. In Table 2, Test Operating and Test
                                                                                                                     Determine the Annual Walk-in Energy                                             Condition Tolerances for Steady-State Test,
                                                     Appendix C to Subpart R of Part 431—                          Factor (AWEF) and net capacity of walk-in                                         electrical power frequency shall have a Test
                                                     Uniform Test Method for the                                   cooler and walk-in freezer refrigeration                                          Condition Tolerance of 1 percent.
                                                     Measurement of Net Capacity and                               systems by conducting the test procedure set                                         3.1.3. In Table 2, the Test Operating
                                                     AWEF of Walk-In Coolers and Walk-in                           forth in AHRI 1250–2009 (incorporated by                                          Tolerances and Test Condition Tolerances for
                                                     Freezer Refrigeration Systems                                 reference; see § 431.303), with the                                               Air Leaving Temperatures shall be deleted.
                                                                                                                   modifications to that test procedure provided                                        3.1.4. In Tables 2 through 14, the Test
                                                     1.0    Scope                                                  in this section. When standards that are                                          Condition Outdoor Wet Bulb Temperature
                                                       This appendix covers the test requirements                  incorporated by reference are in conflict or                                      requirement and its associated tolerance
                                                     used to determine the net capacity and the                    when they are in conflict with this section,                                      apply only to units with evaporative cooling.
                                                     AWEF of the refrigeration system of a walk-                   the hierarchy of precedence shall be in the                                          3.1.5. Tables 15 and 16 shall be modified
                                                     in cooler or walk-in freezer.                                 following order: § 431.302, AHRI 1250–2009                                        to read as follows:

                                                                                                                 TABLE 15—REFRIGERATOR UNIT COOLER
                                                                                                            Unit cooler         Saturated
                                                                                         Unit cooler                                                    Liquid inlet             Liquid inlet
                                                                                                            air entering         suction                                                                                                      Test
                                                           Test description              air entering                                                   saturation               subcooling                 Compressor capacity
                                                                                                              relative            temp,                                                                                                     objective
                                                                                         dry-bulb, °F                                                    temp, °F                 temp, °F
                                                                                                            humidity, %             °F

                                                     Off Cycle Fan Power ....                      35               <50       ....................     ....................     ....................      Compressor Off ...........    Measure fan input
                                                                                                                                                                                                                                          power during
                                                                                                                                                                                                                                          compressor off
                                                                                                                                                                                                                                          cycle.
                                                     Refrigeration Capacity                        35               <50                       25                     105                             9    Compressor On ...........     Determine Net
                                                       Suction A.                                                                                                                                                                         Refrigeration
                                                                                                                                                                                                                                          Capacity of
                                                                                                                                                                                                                                          Unit Cooler.
                                                     Refrigeration Capacity                        35               <50                       20                     105                             9    Compressor On ...........     Determine Net
                                                       Suction B.                                                                                                                                                                         Refrigeration
                                                                                                                                                                                                                                          Capacity of
                                                                                                                                                                                                                                          Unit Cooler.
                                                       Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a
                                                     default superheat value of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.

                                                                                                                     TABLE 16—FREEZER UNIT COOLER
                                                                                                        Unit cooler           Saturated
                                                                                        Unit cooler                                                   Liquid inlet             Liquid inlet
                                                                                                        air entering           suction
                                                           Test description             air entering                                                  saturation               subcooling                 Compressor capacity            Test objective
                                                                                                          relative              temp,
                                                                                        dry-bulb, °F                                                   temp, °F                 temp, °F
                                                                                                        humidity, %               °F

                                                     Off Cycle Fan Power ..                    ¥10                 <50      ....................     ....................     ....................       Compressor Off ...........    Measure fan input
                                                                                                                                                                                                                                         power during
                                                                                                                                                                                                                                         compressor off
                                                                                                                                                                                                                                         cycle.
                                                     Refrigeration Capacity                    ¥10                 <50                  ¥20                        105                          9        Compressor On ...........     Determine Net Re-
                                                       Suction A.                                                                                                                                                                        frigeration Ca-
                                                                                                                                                                                                                                         pacity of Unit
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                                                                                                                                                                                                                                         Cooler.
                                                     Refrigeration Capacity                    ¥10                 <50                  ¥26                        105                          9        Compressor On ...........     Determine Net Re-
                                                       Suction B.                                                                                                                                                                        frigeration Ca-
                                                                                                                                                                                                                                         pacity of Unit
                                                                                                                                                                                                                                         Cooler.
                                                     Defrost ........................          ¥10             Various      ....................     ....................     ....................       Compressor Off ...........    Test according to
                                                                                                                                                                                                                                         Appendix C Sec-
                                                                                                                                                                                                                                         tion C11.
                                                       Note: Superheat to be set according to equipment specification in equipment or installation manual. If no superheat specification is given, a
                                                     default superheat value of 6.5 °F shall be used. The superheat setting used in the test shall be reported as part of the standard rating.
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                                                                         Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                                 54957

                                                        3.2. General Modifications: Methods of               piping, the maximum length of piping                     3.3.4.1. If the frost load condition defrost
                                                     Testing.                                                applies to each branch individually as                test is performed:
                                                        When conducting testing in accordance                opposed to the total length of the piping.               3.3.4.1.1 Operate the unit cooler at the
                                                     with appendix C of AHRI 1250–2009                          3.3. Matched systems, packaged dedicated           dry coil conditions as specified in appendix
                                                     (incorporated by reference; see § 431.303),             systems, and unit coolers tested alone: Use           C, section C11.1 to obtain dry coil defrost
                                                     the following modifications must be made.               the test method in AHRI 1250–2009                     energy, DFd, in W-h.
                                                        3.2.1. In appendix C, section C3.1.6, any            (incorporated by reference; see § 431.303),              3.3.4.1.2 Operate the unit cooler at the
                                                     refrigerant temperature measurements                    appendix C as the method of test for matched
                                                     upstream and downstream of the unit cooler                                                                    frost load conditions as specified in appendix
                                                                                                             refrigeration systems, packaged dedicated             C, sections C11.1 and C11.1.1 to obtain
                                                     may use sheathed sensors immersed in the                systems, or unit coolers tested alone, with the
                                                     flowing refrigerant instead of thermometer                                                                    frosted coil defrost energy, DFf, in W-h.
                                                                                                             following modifications:
                                                     wells.                                                                                                           3.3.4.1.3 The number of defrosts per day,
                                                                                                                3.3.1. For unit coolers tested alone, use test
                                                        3.2.2. It is not necessary to perform                procedures described in AHRI 1250–2009                NDF, shall be calculated from the time
                                                     composition analysis of refrigerant (appendix           (incorporated by reference; see § 431.303) for        interval between successive defrosts at the
                                                     C, section C3.3.6) or refrigerant oil                   testing unit coolers for use in mix-match             frost load conditions.
                                                     concentration testing (appendix C, section              system ratings, except that for the test                 3.3.4.1.4 Use appendix C, equations C13
                                                     C3.4.6).                                                conditions in Tables 15 and 16, use the               and C14 in section C11.3 to calculate,
                                                        3.2.3. In appendix C, section C3.4.5, for            Suction A saturation condition test points            respectively, the daily average defrost energy,
                                                     verification of sub-cooling downstream of               only. Also for unit coolers tested alone, use         DF, in W-h and the daily contribution of the
                                                     mass flow meters, only the sight glass and a                                                                  load attributed to defrost QDF in Btu.
                                                                                                             calculations in section 7.9 to determine
                                                     temperature sensor located on the tube
                                                                                                             AWEF and net capacity described in AHRI                  3.3.4.1.5 The defrost adequacy
                                                     surface under the insulation are required.
                                                                                                             1250–2009 (incorporated by reference; see             requirements in appendix C, section C11.3
                                                        3.2.4. In appendix C, section C3.5,
                                                                                                             § 431.303) for unit coolers matched to                shall apply.
                                                     regarding unit cooler fan power
                                                     measurements, for a given motor winding                 parallel rack systems.                                   3.3.4.2. If the frost load test is not
                                                     configuration, the total power input shall be              3.3.2. In appendix C, section C.13, the            performed:
                                                     measured at the highest nameplate voltage.              version of AHRI Standard 420 used for test               3.3.4.2.1 Operate the unit cooler at the
                                                     For three-phase power, voltage imbalances               methods, requirements, and procedures shall           dry coil conditions as specified in appendix
                                                     shall be no more than 2 percent from phase              be ANSI/AHRI 420–2008 (incorporated by                C, section C11.1 to obtain dry coil defrost
                                                     to phase.                                               reference; see § 431.303).                            energy, DFd, in W-h.
                                                        3.2.5. In the test setup (appendix C, section           3.3.3. Use appendix C, section C10 of AHRI            3.3.4.2.2 The frost load defrost energy,
                                                     C8.3), the liquid line and suction line shall           1250–2009 for off-cycle evaporator fan
                                                                                                                                                                   DFf, in W-h shall be equal to 1.05 multiplied
                                                     be constructed of pipes of the manufacturer-            testing, with the exception that evaporator
                                                                                                                                                                   by the dry coil energy consumption, DFd,
                                                     specified size. The pipe lines shall be                 fan controls using periodic stir cycles shall
                                                                                                             be adjusted so that the greater of a 50% duty         measured using the dry coil condition test in
                                                     insulated with a minimum total thermal                                                                        appendix C, section C11.1.
                                                     resistance equivalent to 1⁄2-inch thick                 cycle (rather than a 25% duty cycle) or the
                                                                                                             manufacturer default is used for measuring               3.3.4.2.3 The number of defrosts per day
                                                     insulation having a flat-surface R-Value of 3.7
                                                                                                             off-cycle fan energy. For variable-speed              NDF used in subsequent calculations shall be
                                                     ft2¥°F-hr/Btu per inch or greater. Flow
                                                     meters need not be insulated but must not be            controls, the greater of 50% fan speed (rather        4.
                                                     in contact with the floor. The lengths of the           than 25% fan speed) or the manufacturer’s                3.3.4.2.4 Use appendix C, equation C13 in
                                                     connected liquid line and suction line shall            default fan speed shall be used for measuring         section C11.3 to calculate the daily average
                                                     be 25 feet +/¥3 inches, not including the               off-cycle fan energy.                                 defrost energy, DF, in W-h.
                                                     requisite flow meters, each. Of this length, no            3.3.4. Use appendix C, section C11 of AHRI            3.3.4.2.5 The daily contribution of the
                                                     more than 15 feet shall be in the conditioned           1250–2009 for defrost testing. The Frost Load         load attributed to defrost QDF in Btu shall be
                                                     space. Where there are multiple branches of             Condition Defrost Test (C11.1.1) is optional.         calculated as follows:




                                                     Where:                                                  maximum time interval allowed between dry             found by performing the frosted coil test as
                                                     DFd = the defrost energy, in W-h, measured              coil defrosts. Then, calculate NDF (the               specified in section 3.3.4.1; and if the
                                                         at the dry coil condition                           number of defrosts per day) by averaging the          optional frosted coil test was not performed,
                                                                                                             measured time in hours between successive             the time between successive defrosts for the
                                                       3.3.5. If a unit has adaptive defrost:                defrosts for the dry coil condition with the          frosted coil condition shall be set to 4 as
                                                       3.3.5.1. When testing to certify to the               time in hours between successive defrosts for
                                                     energy conservation standards in 10 CFR                                                                       specified in section 3.3.4.2.) Use this new
                                                                                                             the frosted coil condition, and dividing 24 by
                                                     431.306, do not perform the optional test for                                                                 value of NDF in subsequent calculations.
                                                                                                             this average time. The measured time
                                                     adaptive or demand defrost in appendix C,               between defrosts cannot be greater than 24               3.3.6. For matched refrigeration systems,
                                                     section C11.2.                                          hours. (The time between successive defrosts          calculate the AWEF using the calculations in
                                                       3.3.5.2. When determining the represented             for the frosted coil condition is found as            AHRI 1250–2009 (incorporated by reference;
                                                     value of the calculated benefit for the                 specified in section 3.3.4 of this appendix:          see § 431.303), section 7.4, 7.5, 7.6, or 7.7, as
                                                     inclusion of adaptive defrost, conduct the              that is, if the optional frosted coil test was        applicable. In section 7.6, use the following
                                                     optional test for adaptive or demand defrost            performed, the time between successive                equations in place of equations 67 and 83,
                                                     in appendix C, section C11.2 to establish the           defrosts for the frosted coil condition is            respectively:
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                                                     54958               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules




                                                        3.3.7. For unit coolers tested alone,                conditions in AHRI 1250–2009 Tables 11, 12,           EFcomp,off = 0.2 × EFcomp,on
                                                     calculate the AWEF and net capacity using               13, and 14, use the Suction A condition test          Where:
                                                     the calculations in AHRI 1250–2009,                     points only.
                                                                                                                                                                   EFcomp,on is the on-cycle evaporator fan power
                                                     (incorporated by reference; see § 431.303),                3.4.2. Calculate the AWEF and net capacity
                                                     section 7.9. If the unit cooler has variable-                                                                     in watts.
                                                                                                             for dedicated condensing units using the
                                                     speed evaporator fans that vary fan speed in            calculations in AHRI 1250–2009                          3.4.2.4. The daily defrost energy use in
                                                     response to load, then:                                 (incorporated by reference; see 10 CFR                watt-hours, DF, shall be calculated as
                                                        3.3.7.1. When testing to certify compliance          431.303) section 7.8. Use the following               follows:
                                                     with the energy conservation standards in               modifications to the calculations in lieu of          For medium-temperature systems (coolers),
                                                     § 431.306, fans shall operate at full speed             unit cooler test data:                                     DF = 0
                                                     during on-cycle operation. Do not conduct                  3.4.2.1. For purposes of calculating               For low-temperature systems (freezers), DF =
                                                     the calculations in AHRI 1250–2009 section              enthalpy leaving the unit cooler as part of the            8.5 × 10¥3 × qmix,cd1.27 × NDF
                                                     7.9.3. Instead, use AHRI 1250–2009 section              calculating gross capacity, the saturated
                                                     7.9.2 to determine the system’s AWEF.                                                                         Where:
                                                                                                             refrigerant temperature at the evaporator coil        qmix,cd is the gross cooling capacity of the
                                                        3.3.7.2. When calculating the benefit for
                                                                                                             exit, Tevap, shall be 25 °F for medium-                    system in Btu/h, found by a single test
                                                     the inclusion of variable-speed evaporator
                                                                                                             temperature systems (coolers) and -20 °F for               at the Capacity A, Suction A condition
                                                     fans that modulate fan speed in response to
                                                                                                             low-temperature systems (freezers).                        for outdoor units and the Suction A
                                                     load for the purposes of making
                                                                                                                3.4.2.2. The on-cycle evaporator fan power              condition for indoor units, and
                                                     representations of efficiency, use AHRI 1250–
                                                     2009 section 7.9.3 to determine the system              in watts, EFcomp,on, shall be calculated as           NDF is the number of defrosts per day, equal
                                                     AWEF.                                                   follows:                                                   to 4.
                                                        3.4. Dedicated condensing units that are             For medium-temperature systems (coolers),
                                                                                                                  EFcomp,on = 0.013 × qmix,cd                        3.4.2.5. The daily defrost heat load
                                                     not matched for testing and are not packaged                                                                  contribution in Btu, QDF, shall be calculated
                                                     dedicated systems.                                      For low-temperature systems (freezers),
                                                                                                                  EFcomp,on = 0.016 × qmix,cd                      as follows:
                                                        3.4.1. Refer to appendix C, section C.12 of
                                                     AHRI 1250–2009 (incorporated by reference;              Where:                                                For medium-temperature systems (coolers),
                                                     see § 431.303), for the method of test for                                                                         QDF = 0
                                                                                                             qmix,cd is the gross cooling capacity of the          For low-temperature systems (freezers), QDF
                                                     dedicated condensing units. The version of                   system in Btu/h, found by a single test
                                                     ASHRAE Standard 23 used for test methods,                                                                          = 0.95 × DF × 3.412
                                                                                                                  at the Capacity A, Suction A condition
                                                     requirements, and procedures shall be ANSI/                                                                   Where:
                                                                                                                  for outdoor units and the Suction A
                                                     ASHRAE Standard 23.1–2010 (incorporated                                                                       DF is the daily defrost energy use in watt-
                                                                                                                  condition for indoor units.
                                                     by reference; see § 431.303). When applying                                                                        hours.
                                                     this test method, use the applicable test                 3.4.2.3. The off-cycle evaporator fan power
                                                     method modifications listed in sections 3.1             in watts, EFcomp,off, shall be calculated as          [FR Doc. 2016–19104 Filed 8–16–16; 8:45 am]
                                                     and 3.2 of this appendix. For the test                  follows:                                              BILLING CODE 6450–01–P
mstockstill on DSK3G9T082PROD with PROPOSALS2




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Document Created: 2018-02-09 11:35:00
Document Modified: 2018-02-09 11:35:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking and announcement of public meeting.
DatesComments: DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) before and after the public meeting, but no later than October 17, 2016. See section V, ``Public Participation,'' for details.
ContactMs. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 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]
FR Citation81 FR 54926 
RIN Number1904-AD72
CFR Citation10 CFR 429
10 CFR 431
CFR AssociatedAdministrative Practice and Procedure; Confidential Business Information; Energy Conservation; Reporting and Recordkeeping Requirements; Energy Conservation Test Procedures and Incorporation by Reference

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