82_FR_29905 82 FR 29780 - Energy Conservation Program: Test Procedures for Consumer Refrigerators, Refrigerator-Freezers, and Freezers

82 FR 29780 - Energy Conservation Program: Test Procedures for Consumer Refrigerators, Refrigerator-Freezers, and Freezers

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29780-29786
FR Document2017-13803

The U.S. Department of Energy (``DOE'') is initiating a data collection process through this request for information to consider whether to amend DOE's test procedures for consumer refrigerators, refrigerator-freezers, and freezers. To inform interested parties and to facilitate this process, DOE has gathered data, identifying several issues associated with the currently applicable test procedures on which DOE is interested in receiving comment. The issues outlined in this document mainly concern testing products with newly-available features, the inclusion of automatic icemaker energy use, built-in product test configuration, any issues with the current test procedure that need to be addressed, and any additional topics that may inform DOE's decisions in a future test procedure rulemaking, including methods to reduce regulatory burden while ensuring the procedure's accuracy. DOE welcomes written comments from the public on any subject within the scope of this document (including topics not raised in this request for information).

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Proposed Rules]
[Pages 29780-29786]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13803]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / 
Proposed Rules

[[Page 29780]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2017-BT-TP-0004]


Energy Conservation Program: Test Procedures for Consumer 
Refrigerators, Refrigerator-Freezers, and Freezers

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

ACTION: Request for information (``RFI'').

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

SUMMARY: The U.S. Department of Energy (``DOE'') is initiating a data 
collection process through this request for information to consider 
whether to amend DOE's test procedures for consumer refrigerators, 
refrigerator-freezers, and freezers. To inform interested parties and 
to facilitate this process, DOE has gathered data, identifying several 
issues associated with the currently applicable test procedures on 
which DOE is interested in receiving comment. The issues outlined in 
this document mainly concern testing products with newly-available 
features, the inclusion of automatic icemaker energy use, built-in 
product test configuration, any issues with the current test procedure 
that need to be addressed, and any additional topics that may inform 
DOE's decisions in a future test procedure rulemaking, including 
methods to reduce regulatory burden while ensuring the procedure's 
accuracy. DOE welcomes written comments from the public on any subject 
within the scope of this document (including topics not raised in this 
request for information).

DATES: Written comments and information are requested and will be 
accepted on or before July 31, 2017.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2017-BT-
TP-0004, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: To [email protected]. 
Include the docket number EERE-2017-BT-TP-0004 in the subject line of 
the message.
     Postal 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. 
Telephone: (202) 586-6636. If possible, please submit all items on a 
compact disc (CD), in which case it is not necessary to include printed 
copies.
     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.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at www.regulations.gov. All documents in the 
docket are listed in the http://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-2017-BT-TP-0004. The docket Web page will contain 
simple instructions on how to access all documents, including public 
comments, in the docket. See section III for information on how to 
submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, 
DC, 20585-0121. Telephone: (202) 287-1943. 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].
    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: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information and Comments
    A. Features
    1. Door-in-Door Designs
    2. Display Screens and Connected Functions
    B. Icemaking Energy Consumption
    C. Built-In Test Configuration
    D. Test Procedure Clarifications
    1. Thermocouple Configuration for Freezer Drawers
    2. Definitions
    E. AHAM HRF-1 Standard
    F. Other Test Procedure Topics
III. Public Participation

I. Introduction

    Consumer refrigerators, refrigerator-freezers, and freezers are 
included in the list of ``covered products'' for which DOE is 
authorized to establish and amend energy conservation standards and 
test procedures. (42 U.S.C. 6292(a)(1)) DOE's test procedures for 
consumer refrigerators, refrigerator-freezers, and freezers are 
prescribed at title 10 of the Code of Federal Regulations (``CFR'') 
part 430, subpart B, appendices A and B (``Appendices A and B''). The 
following sections discuss DOE's authority to establish and amend test 
procedures for consumer refrigerators, refrigerator-freezers, and 
freezers, as well as relevant background information regarding DOE's 
consideration of test procedures for these products.

[[Page 29781]]

A. Authority and Background

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6311-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. Title III, part B 
\2\ of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, which sets forth a variety of 
provisions designed to improve energy efficiency. These products 
include consumer refrigerators, refrigerator-freezers, and freezers, 
the subject of this request for information (RFI). (42 U.S.C. 
6292(a)(1))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA 2015), Public Law 114-11 (April 30, 2015).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
part B was redesignated part A.
---------------------------------------------------------------------------

    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of the Act specifically include 
definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 
6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 
6294), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (See 
42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption 
for particular State laws or regulations, in accordance with the 
procedures and other provisions of EPCA. (42 U.S.C. 6316(b)(2)(D))
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    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 requires that any test procedures prescribed or 
amended under this section 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 not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    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))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including consumer 
refrigerators, refrigerator-freezers, and freezers, to determine 
whether amended test procedures would more accurately or fully comply 
with the requirements for the test procedures to not be unduly 
burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle. (42 U.S.C. 
6293(b)(1)(A)) If amended test procedures are appropriate, DOE must 
publish a final rule to incorporate the amendments. If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures. DOE is publishing this 
RFI to collect data and information to inform a potential test 
procedure rulemaking to satisfy the 7-year review requirement specified 
in EPCA, which requires that DOE publish, by April 21, 2021, either a 
final rule amending the test procedures or a determination that amended 
test procedures are not required. (42 U.S.C. 6293(b)(1)(A))

B. Rulemaking History

    DOE's current test procedures for refrigerators, refrigerator-
freezers, and freezers are the result of numerous evolutionary steps 
taken since DOE initially established its test procedures for these 
products in a final rule published in the Federal Register on September 
14, 1977 (42 FR 46140). Industry representatives viewed these original 
test procedures as too complex and eventually developed alternative 
test procedures in conjunction with the Association of Home Appliance 
Manufacturers (AHAM) that were incorporated into the 1979 version of 
HRF-1, ``Household Refrigerators, Combination Refrigerator-Freezers, 
and Household Freezers'' (HRF-1-1979). Using this industry-created test 
procedure, DOE revised its test procedures on August 10, 1982 (47 FR 
34517).
    On August 31, 1989, DOE amended the test procedure further when it 
published a final rule establishing test procedures for variable-
defrost control refrigeration products, dual-compressor refrigerator-
freezers, and freezers equipped with ``quick-freeze'' (54 FR 36238).
    DOE amended the test procedures again on March 7, 2003, by 
modifying the test period used for products equipped with long-time 
automatic defrost or variable defrost (68 FR 10957).
    On December 16, 2010, DOE made its most recent significant 
modifications to the test procedures when it published a final and 
interim final rule establishing the test procedures in Appendices A and 
B (75 FR 78810). That rule established a number of comprehensive 
changes to help improve the measurement of energy consumption of 
refrigerators, refrigerator-freezers, and freezers. These changes 
included, among other things: (1) Adjusting the standardized 
compartment temperatures and volume-adjustment factors, (2) adding new 
methods for measuring compartment volumes, (3) modifying the long-time 
automatic defrost test procedure to measure all energy use associated 
with the defrost function, and (4) adding test procedures for products 
with a single compressor and multiple evaporators with separate active 
defrost cycles. Lastly, the interim final rule addressed icemaking 
energy use by including a fixed energy use adder for those products 
equipped with an automatic icemaker. Using available data submitted by 
the industry, this value was set at 84 kilowatt-hours (kWh) per year. 
Id. On January 25, 2012, DOE finalized the test procedures established 
in the interim final rule and incorporated additional amendments to 
improve test accuracy (77 FR 3559).
    On July 10, 2013, DOE proposed further amending the consumer 
refrigerator and refrigerator-freezer test procedure to address 
products with multiple compressors and to allow an alternative method 
for measuring and calculating energy consumption for refrigerator-
freezers and refrigerators with freezer compartments, (78 FR 41610, 
``2013 NOPR''). DOE also proposed to amend certain aspects of the 
consumer refrigerator, refrigerator-freezer, and freezer test 
procedures to ensure better accuracy and repeatability. Additionally, 
DOE solicited comment on a proposed automatic icemaker test procedure 
and on whether built-in

[[Page 29782]]

products should be tested in a built-in configuration. Id. In response 
to the 2013 NOPR, interested parties requested that DOE grant more time 
to respond to the proposal for measuring energy use associated with 
icemaking and to DOE's request for comment regarding testing of built-
in products in a built-in configuration. DOE granted the comment period 
extension request for these two topics (78 FR 53374, Aug. 29, 2013).
    On April 21, 2014, DOE published a final rule for the refrigerator, 
refrigerator-freezer, and freezer test procedures (the ``2014 final 
rule''), (79 FR 22320). The amendments enacted by the 2014 final rule 
addressed products with multiple compressors and established an 
alternative method for measuring and calculating energy consumption for 
refrigerator-freezers and refrigerators with freezer compartments. The 
2014 final rule also amended certain aspects of the test procedures to 
improve test accuracy and repeatability. To allow time to review 
comments and data received during the comment period extension, DOE did 
not address automatic ice making energy use or built-in testing 
configuration in the 2014 final rule. Id.
    On July 18, 2016, DOE published a final rule that established 
coverage and test procedures for a variety of refrigeration products 
collectively described as ``miscellaneous refrigeration products'' 
(``MREFs''), (81 FR 46768). Included within this category are 
refrigeration products that include one or more compartments that 
maintain higher temperatures than typical refrigerator compartments, 
such as wine chillers and beverage coolers. Additionally, the final 
rule amended Appendices A and B to include provisions for testing MREFs 
and to improve the clarity of certain existing test requirements. Id.

II. Request for Information and Comments

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of the technical and 
economic analyses regarding whether amended test procedures for 
consumer refrigerators, refrigerator-freezers, and freezers may be 
warranted. Specifically, DOE is requesting comment on any opportunities 
to streamline and simplify testing requirements for refrigerators, 
refrigerator-freezers, and freezers.
    Additionally, DOE welcomes comments on other issues relevant to the 
conduct of this rulemaking that may not specifically be identified in 
this document. In particular, DOE notes that under E.O. 13771, 
executive branch agencies such as DOE are directed to manage the costs 
associated with the imposition of expenditures required to comply with 
Federal regulations. See 82 FR 9339 (Feb. 3, 2017) (E.O. 13771 
``Reducing Regulation and Controlling Regulatory Costs''). Pursuant to 
that executive order, DOE encourages the public to provide input on 
measures DOE could take to lower the cost of its regulations applicable 
to consumer refrigerators, refrigerator-freezers, and freezers 
consistent with the requirements of EPCA.

A. Features

1. Door-in-Door Designs
    DOE's test procedures for refrigerators, refrigerator-freezers, and 
freezers are intended to represent operation in typical room conditions 
with door openings by testing at an elevated ambient temperature with 
no door openings. 10 CFR 430.23(a)(7). The increased thermal load from 
the elevated ambient temperature is intended to represent the thermal 
load that would be associated with both door openings as cool cabinet 
air mixes with warmer ambient air and the loading of warmer items in 
the cabinet.
    DOE is aware of certain products available on the market that 
incorporate a door-in-door design. This feature allows the consumer to 
access items loaded in the door shelves without opening an interior 
door that encloses the inner cabinet. This feature prevents the 
majority of the cool cabinet air from escaping to the room and being 
replaced by warmer ambient air, as would be the case during a typical 
total door opening.
    Because the DOE test procedure requires testing with the cabinet 
doors remaining closed, it would not reflect the potential energy 
savings associated with door-in-door features during typical consumer 
operation with door openings.
    DOE requests comment on test methods for products with door-in-door 
designs that will yield accurate and repeatable results. Specifically, 
DOE seeks information on whether an alternate test method is 
appropriate or whether potential energy savings may be addressed with a 
calculation approach. DOE also seeks information regarding what steps, 
if any, manufacturers are taking to account for the energy use 
characteristics of products that use door-in-door designs. Further, DOE 
requests data, if any, on consumer use of the door-in-door feature, 
including how often the outer door is used in comparison to a total 
door opening, and the corresponding energy impacts of each type of door 
opening.
2. Display Screens and Connected Functions
    Many refrigerators, refrigerator-freezers, and freezers currently 
available on the market include user control panels or displays located 
on the front of the product. These features, which can control the 
products' function and provide additional user features, such as 
television or internet access, operate with many different control 
schemes, including activation by proximity sensors.
    The DOE test procedure, by referencing AHAM's 2008 version of 
``Energy and Internal Volume of Refrigerating Appliances'' (HRF-1-
2008), requires testing with customer-accessible features, not required 
for normal operation, which are electrically powered, manually 
initiated, and manually terminated, set at their lowest energy usage 
positions when adjustment is provided.
    However, by testing in this manner (i.e., setting consumer features 
in their lowest energy positions), the resulting measurements may not 
accurately represent actual consumer use. DOE requests information on 
how consumers typically use exterior display screens and control 
panels, when available. While any information would be welcome, DOE is 
particularly interested in any survey data that may yield insight into 
the manner and frequency with which consumers use these features. 
Additionally, DOE requests detailed feedback on the appropriate energy-
related settings to use for these types of features during testing to 
best represent consumer use.
    Similarly, many products incorporating these more advanced user 
interfaces include internet connections to allow for additional 
functions. The product controls may consume different amounts of energy 
depending on whether the internet connection is enabled or disabled, 
and if enabled, whether it is connected to a network. DOE requests 
information (such as survey data) on whether consumers typically use an 
internet connection, when available, for refrigerators, refrigerator-
freezers, and freezers. DOE also requests information on the potential 
energy impacts of the refrigeration products equipped with a connected 
configuration, and on the appropriate energy-related settings to use 
for testing.

B. Icemaking Energy Consumption

    In 2010, DOE initiated a test procedure rulemaking to help address 
a

[[Page 29783]]

variety of test procedure-related issues, including energy use 
associated with automatic icemaking. On May 27, 2010, DOE published a 
NOPR (the ``2010 NOPR'') proposing to use a fixed value of 84 kWh per 
year to represent the energy use associated with automatic icemaking 
(75 FR 29824). The 2010 NOPR also indicated that DOE would consider 
adopting an approach based on testing to determine icemaking energy use 
if a suitable test procedure could be developed. Id. at 29846-29847. A 
broad group of interested parties submitted a joint comment supporting 
DOE's proposal to use a temporary fixed placeholder value to represent 
the energy use of automatic icemakers. The joint commenters also urged 
DOE to initiate a rulemaking no later than January 1, 2012, and publish 
a final rule no later than December 31, 2012, to amend the test 
procedures to incorporate a laboratory-based measurement of icemaking 
energy use. (Test Procedure for Refrigerators, Refrigerator-Freezers, 
and Freezers, Docket Number EERE-2009-BT-TP-0003; Joint Comment, No. 20 
at pp. 5-6)
    In January 2012, AHAM provided DOE with a draft test procedure that 
could be used to measure automatic icemaker energy usage. (AHAM 
Refrigerator, Refrigerator-Freezer and Freezer Ice Making Energy Test 
Procedure, Revision 1.0--12/14/11, No. 4) \3\ AHAM then submitted a 
revised automatic icemaker test procedure on July 18, 2012. (AHAM 
Refrigerator, Refrigerator-Freezer and Freezer Ice Making Energy Test 
Procedure, Revision 2.0--7/10/12, No. 5) \4\ In the subsequent 2013 
NOPR, as mentioned in section I.B of this document, DOE proposed a 
method for measuring the energy usage associated with automatic 
icemaking based on the revised approach submitted by AHAM. See 
generally 78 FR 41618-41629. In response to the 2013 NOPR, AHAM 
submitted comments to DOE requesting that DOE grant its members more 
time to respond to the automatic icemaker testing proposal, which DOE 
granted (78 FR 53374, Aug. 29, 2013). In the 2014 final rule, DOE 
established the fixed value adder approach and stated that it would 
review comments received during the comment period extension to address 
the icemaking test procedure issue in a future notice. See 79 FR 22341-
22342.
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    \3\ Document No. 4 in Docket No. EERE-2012-BT-TP-0016, available 
for review at www.regulations.gov.
    \4\ Document No. 5 in Docket No. EERE-2012-BT-TP-0016, available 
for review at www.regulations.gov.
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    A number of interested parties supported the development and 
adoption of a test procedure that measures the energy use of automatic 
icemaking. These commenters cited a number of reasons to justify a 
laboratory-based icemaker energy test procedure, including: (1) A 
direct laboratory test is more accurate and representative of actual 
icemaking energy use, and (2) the fixed adder approach would not reward 
improvements in icemaking efficiency or provide incentives to reduce 
icemaker energy consumption. (BSH Home Appliances Corporation, No. 21 
at p. 1; \5\ Joint Commenters,\6\ No. 42 at pp. 1-5; Samsung 
Electronics America, Inc., No. 39 at p. 2)
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    \5\ A notation in the form ``BSH Home Appliances Corporation, 
No. 21 at p. 1'' identifies a written comment: (1) Made by BSH Home 
Appliances Corporation; (2) recorded in document number 21 that is 
filed in the docket of the test procedure rulemaking (Docket No. 
EERE-2009-BT-TP-0003) and available for review at 
www.regulations.gov; and (3) which appears on page 1 of document 
number 21.
    \6\ ``Joint Commenters'' refers to the Appliance Standards 
Awareness Project, American Council for an Energy-Efficient Economy, 
Consumer Federation of America, National Consumer Law Center, and 
Natural Resources Defense Council.
---------------------------------------------------------------------------

    Other interested parties supported the adder approach, noting the 
significant test burden associated with the proposed icemaking test 
procedure and the limited opportunities to reduce icemaking energy 
consumption. (AHAM, No. 37 at p. 2-5; GE Appliances, No. 40 at p. 5; 
Sub-Zero Group, Inc., No. 36 at p. 2) Further, DOE received data 
indicating that consumers likely use less ice than assumed in 
calculating the 84 kWh/year adder. Interested parties commented that 
the updated consumer use data supported an adder as low as 28 kWh/year. 
(AHAM, No. 37 at pp. 2-6; GE Appliances, No. 40 at pp. 2-4; Northwest 
Energy Efficiency Alliance and Northwest Power & Conservation Council, 
No. 41 at p. 2)
    DOE welcomes additional feedback from interested parties on the 
most appropriate approach to account for icemaker energy use. DOE also 
requests any more recent consumer use data, if available, regarding ice 
consumption and automatic icemaker usage in consumer refrigerator-
freezers and freezers. DOE also seeks input regarding whether retention 
of the current fixed adder approach should continue or whether an 
actual test procedure should replace it at this time. If DOE were to 
adopt a test procedure that measures icemaker energy use, DOE seeks 
input on which one to use, for example, the test proposed in the 2013 
NOPR, and what specific technical issues it needs to consider if it 
were to propose such a rule for adoption. To this end, DOE is also 
interested in what impacts, if any, the adoption of an icemaking energy 
measurement test procedure would have on the measured energy use of a 
given product when compared to the fixed energy value adder approach 
used in the current test procedure.
    DOE is also aware of consumer products available on the market that 
use two automatic icemakers. Typically, these products are 
refrigerator-freezers with bottom-mounted freezers, with an icemaker in 
the freezer compartment and another contained in the through-the-door 
ice service in the fresh food compartment. The fresh food icemaker 
serves more frequent through-the-door ice service, while the freezer 
icemaker serves as an in-freezer storage container for infrequent bulk 
ice use.
    DOE requests information on whether products with multiple 
automatic icemakers should be tested differently than the more typical 
single automatic icemaker models--and if so, how. DOE seeks consumer 
use data for these products to inform whether a different energy use 
adder or test procedure would be appropriate for these dual-icemaker 
products.

C. Built-In Test Configuration

    In the 2013 NOPR, DOE presented data indicating that testing in a 
built-in enclosure may affect energy consumption for certain 
configurations of built-in products. Specifically, those products that 
reject condenser heat at the back of the unit showed a potential 
increase in energy use when tested in an enclosure. DOE observed no 
significant change in energy use associated with the test configuration 
for those products that reject heat from the front of the unit. DOE 
requested comment on the appropriate test configuration for built-in 
refrigerators, refrigerator-freezers, and freezers, (78 FR 46149-
46150). Similar to the icemaking test issue, DOE provided additional 
time to comment on the built-in testing issue prior to the 2014 final 
rule, but did not address the issue in that rule.
    In the rulemaking leading to the 2014 final rule, DOE received 
multiple comments. Some commenters supported testing built-in products 
in an enclosure, as this would represent how the products are used in 
the field. (Joint Commenters, No. 42 at pp. 5-6; Northwest Energy 
Efficiency Alliance and Northwest Power & Conservation Council, No. 41 
at p. 4) Others opposed the enclosure approach, noting the significant 
increase in test burden with little or no corresponding change in

[[Page 29784]]

measured energy consumption. These interested parties also noted that 
for the products showing a difference in measured energy use between 
the freestanding and enclosure setups, the enclosure configuration that 
DOE used (based on Underwriters Laboratories (UL) 250, ``Household 
Refrigerators and Freezers'') was not necessarily consistent with 
manufacturer installation instructions. (AHAM, No. 37 at pp. 16-17; BSH 
Home Appliances Corporation, No. 21 at p. 1; Liebherr-Canada, Ltd., No. 
34 at pp. 1-4; Sub-Zero Group, Inc., No. 36 at p. 2).
    DOE continues to seek comment on the built-in testing issue, 
including consumer installation, test burden, and energy impacts. Among 
the issues of interest to DOE include whether testing a product in its 
built-in condition would generally be more representative of energy 
consumption of a product during its average use cycle or period of use 
and, if so, the extent to which testing in this condition would be 
expected to affect the measured energy use of these products, if any. 
DOE requests information on whether testing all built-in products in an 
enclosure is appropriate, or whether testing in an enclosure would 
affect the test results only for certain built-in product 
configurations, such as those that exhaust condenser heat from the rear 
of the product. DOE is also interested in detailed information on 
whether there would be a significant additional test burden resulting 
from a requirement that specifies these products be tested in a built-
in condition--and if so, the nature and extent of that burden. 
Additionally, DOE is interested in whether alternative methods of 
assessing the energy consumption of built-in products during their 
average use cycle or period of use, such as through a calculation or 
adder approach, are feasible--and if so, what likely degree of accuracy 
could be obtained if such methods were used in lieu of testing in a 
built-in condition.

D. Test Procedure Clarifications

1. Thermocouple Configuration for Freezer Drawers
    As discussed in section II.A.2 of this document, Appendices A and B 
incorporate by reference portions of HRF-1-2008 for testing 
requirements. Section 5.5.5.5 of HRF-1-2008 includes figures specifying 
thermocouple placement for a number of example fresh food and freezer 
compartment configurations. HRF-1-2008 also notes that in situations 
where the interior of a cabinet does not conform to the configurations 
shown in the example figures, measurements must be taken at locations 
chosen to represent approximately the entire cabinet.
    HRF-1-2008 provides a specific thermocouple location diagram for 
freezer compartments in refrigerator-freezers (type 6 in Figure 5-2). 
However, the diagram for this configuration is based on an upright, 
front-opening freezer compartment, and does not explicitly address 
drawer-type freezer compartments. Based on its experience testing these 
products at third-party test laboratories, DOE understands there may be 
confusion over which thermocouple layout is appropriate for drawer-type 
freezer compartments in refrigerator-freezers. DOE believes that sensor 
layout type 6 is appropriate for testing drawer freezer compartments in 
refrigerator-freezers. DOE requests feedback on whether this sensor 
layout or, alternatively, a different thermocouple configuration set 
forth in HRF-1-2008 or elsewhere, is appropriate for testing drawer 
freezer compartments.
2. Definitions
    As discussed in the recent MREF test procedure final rule, DOE's 
test procedures in Appendices A and B frequently use the term 
``compartment'' despite that term not being defined. While DOE 
considered the need for clarifying that term, it did not define it in 
that final rule. See 81 FR 46779.
    DOE is aware of only one specific definition for ``compartment'' in 
finalized international or industry test procedures--specifically, 
Australian/New Zealand testing standard AS/NZS 4474.1-2007. This 
procedure define a compartment as ``an enclosed space within a 
refrigerating appliance, which is directly accessible through one or 
more external doors. A compartment may contain one or more sub-
compartments and one or more convenience features.'' AS/NZS 4474.1-2007 
further defines a ``sub-compartment'' as ``a permanent enclosed space 
within a compartment or sub-compartment which is designated as being a 
different type of food storage space (i.e., has a different compartment 
temperature range) from the compartment or sub-compartment within which 
it is located,'' and ``convenience features,'' as enclosures or 
containers with temperature conditions which may or may not be 
different from the compartment within which they are located.
    However, DOE notes that the AS/NZS 4474.1-2007 approach is not 
fully consistent with all of the uses of the term ``compartment'' 
currently found in the DOE test procedures. In some cases, the term 
denotes all of the space within a refrigeration product that operates 
within a designated temperature range. In other cases, the term refers 
to specific enclosed spaces that operate within a designated 
temperature range. For example, Appendix A, section 5.1.3 uses the term 
in both ways, referring to individual fresh food compartment 
temperatures and volumes to calculate the overall fresh food 
compartment temperature.
    DOE requests information on whether the clarity of Appendices A and 
B would be improved by defining the term ``compartment'' and using the 
term consistently throughout the test procedures. If DOE were to define 
the term ``compartment,'' DOE seeks comment on what that definition 
should be--and whether a definition such as the one included in AS/NZS 
4474.1-2007 would be sufficient to clearly define this term.
    DOE also notes that while Appendix A defines ``cooler 
compartment,'' it does not directly define related terms such as 
``fresh food compartment'' or ``freezer compartment''--although these 
definitions are in HFR-1-2008, which is incorporated by reference into 
Appendices A and B. 10 CFR 430.3. DOE requests comment on whether it 
should directly define these terms in Appendix A--and if so, how?
    DOE also welcomes feedback on the definitions of ``refrigerators,'' 
``refrigerator-freezers,'' and ``freezers'' in 10 CFR 430.2. These 
definitions were most recently amended in DOE's final rule establishing 
coverage and test procedures for MREFs, (81 FR 46768). Prior to that 
final rule, DOE published a supplemental noticed of proposed 
determination (``SNOPD'') in which it proposed to amend these 
definitions. In that SNOPD, DOE noted that the refrigerator and 
refrigerator-freezer product definitions described a freezer 
compartment as a compartment designed for the freezing and storage of 
food at temperatures below 8 [deg]F which may be adjusted by the user 
to a temperature of 0 [deg]F or below, and proposed to amend the 
definitions to refer to a compartment capable of maintaining 
compartment temperatures of 0 [deg]F or below, (81 FR 11454, 11460, 
March 4, 2016). However, because interested parties commented that the 
proposed amendments may affect the scope of the existing refrigerator, 
refrigerator-freezer, and freezer definitions (AHAM, MREF Coverage No. 
24 at pp. 2-3; \7\ Sub Zero, MREF

[[Page 29785]]

Coverage No. 22 at pp. 1-2), DOE did not adopt these proposed 
modifications to the amended definitions. See 81 FR 46777.
---------------------------------------------------------------------------

    \7\ A notation in the form ``AHAM, MREF Coverage No. 24 at pp. 
2-3'' identifies a written comment: (1) Made by the Association of 
Home Appliance Manufacturers; (2) recorded in document number 24 
that is filed in the docket of the MREF coverage determination 
rulemaking (Docket No. EERE-2011-BT-DET-0072-0024) and available for 
review at www.regulations.gov; and (3) which appears on pages 2-3 of 
document number 24.
---------------------------------------------------------------------------

    The proposed amendments would have resolved an inconsistency 
between the definitions and the standardized compartment temperature 
specified in the test procedure. Specifically, while the 8 [deg]F 
threshold for freezer compartments in the definitions for refrigerators 
and refrigerator-freezers is consistent with the fresh food compartment 
and freezer compartment definitions included in HRF-1-2008, Appendix A 
requires that freezer compartments in refrigerator-freezers be tested 
to a standardized compartment temperature of 0 [deg]F. Under the 
existing requirements, a product would meet the refrigerator-freezer 
definition but would not receive an energy use rating under Appendix A 
if the freezer compartment is capable of achieving a temperature below 
8 [deg]F but above 0 [deg]F.
    DOE requests feedback on whether it should address this potential 
definitional and testing issue, and if so, how. DOE also seeks 
information on how to best harmonize the refrigerator and refrigerator-
freezer definitions with any potential updates to the fresh food and 
freezer compartment definitions.

E. AHAM HRF-1 Standard

    As discussed in section II.A.2 of this document, the DOE test 
procedures incorporate by reference certain sections of the AHAM 
industry standard HRF-1-2008. DOE references HRF-1-2008 for 
definitions, installation and operating conditions, temperature 
measurements, and volume measurements. In August 2016, AHAM released an 
updated version of the HRF-1 standard, HRF-1-2016. Based on review of 
the newer standard, DOE notes that the majority of the updates from the 
2008 standard are clarifications or other revisions that harmonize with 
DOE's test procedures. Accordingly, DOE does not expect that updating 
its references to HRF-1-2016 would substantively affect the test 
procedures in Appendices A and B.
    DOE requests feedback on whether its test procedures should 
incorporate by reference certain sections of the most current version 
of HRF-1, HRF-1-2016, rather than HRF-1-2008. DOE also requests whether 
any of the revisions between HRF-1-2008 and HRF-1-2016 would 
substantively affect the requirements currently incorporated by 
reference in Appendices A and B--and if so, how?

F. Other Test Procedure Topics

    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedures 
for refrigerators, refrigerator-freezers, and freezers not already 
addressed by the specific areas identified in this document. DOE 
particularly seeks information that would improve the repeatability, 
reproducibility, and consumer representativeness of the test 
procedures. DOE also requests information that would help DOE create a 
procedure that would limit manufacturer test burden through 
streamlining or simplifying testing requirements. Comments regarding 
repeatability and reproducibility are also welcome.
    DOE also requests feedback on any potential amendments to the 
existing test procedure that could be considered to address impacts on 
manufacturers, including small businesses. Regarding the Federal test 
method, DOE seeks comment on the degree to which the DOE test procedure 
should consider and be harmonized with the most recent relevant 
industry standards for consumer refrigerators, freezers, and 
refrigerator-freezers and whether there are any changes to the Federal 
test method that would provide additional benefits to the public.
    Additionally, DOE requests comment on whether the existing test 
procedures limit manufacturer's ability to provide additional features 
to consumers on refrigerators, refrigerator-freezers, and freezers. DOE 
particularly seeks information on how the test procedures could be 
amended to reduce the cost of these new or additional features and make 
it more likely that such features are included on consumer 
refrigerators, freezers, and refrigerator-freezers.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by July 31, 
2017, comments and information on matters addressed in this notice and 
on other matters relevant to DOE's consideration of amended test 
procedures for refrigerators, refrigerator-freezers, and freezers. 
After the close of the comment period, DOE will begin collecting data, 
conducting analyses, and reviewing the public comments, as needed. 
These actions will be taken to aid in the development of a test 
procedure NOPR for refrigerators, refrigerator-freezers, and freezers 
if DOE determines that amended test procedures may be appropriate for 
these products.
    Submitting comments via http://www.regulations.gov. The http://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 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 http://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 
http://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 http://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 http://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 http://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,

[[Page 29786]]

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).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of the rulemaking 
process. Interactions with and between members of the public provide a 
balanced discussion of the issues and assist DOE in the rulemaking 
process. Anyone who wishes to be added to the DOE mailing list to 
receive future notices and information about this rulemaking should 
contact Appliance and Equipment Standards Program staff at (202) 586-
6636 or via email at [email protected].

    Issued in Washington, DC, on June 23, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2017-13803 Filed 6-29-17; 8:45 am]
 BILLING CODE 6450-01-P



                                                    29780

                                                    Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                   Vol. 82, No. 125

                                                                                                                                                                   Friday, June 30, 2017



                                                    This section of the FEDERAL REGISTER                    number EERE–2017–BT–TP–0004, by                        Washington, DC, 20585–0121.
                                                    contains notices to the public of the proposed          any of the following methods:                          Telephone: (202) 287–1943. Email:
                                                    issuance of rules and regulations. The                     • Federal eRulemaking Portal: http://               ApplianceStandardsQuestions@
                                                    purpose of these notices is to give interested          www.regulations.gov. Follow the                        ee.doe.gov.
                                                    persons an opportunity to participate in the            instructions for submitting comments.
                                                    rule making prior to the adoption of the final                                                                   Mr. Michael Kido, U.S. Department of
                                                                                                               • Email: To                                         Energy, Office of the General Counsel,
                                                    rules.
                                                                                                            ConsumerRefrigFreezer2017TP0004@                       GC–33, 1000 Independence Avenue
                                                                                                            ee.doe.gov. Include the docket number                  SW., Washington, DC 20585–0121.
                                                    DEPARTMENT OF ENERGY                                    EERE–2017–BT–TP–0004 in the subject                    Telephone: (202) 586–8145. Email:
                                                                                                            line of the message.                                   Michael.Kido@hq.doe.gov.
                                                    10 CFR Parts 429 and 430                                   • Postal Mail: Appliance and
                                                                                                            Equipment Standards Program, U.S.                        For further information on how to
                                                    [EERE–2017–BT–TP–0004]                                                                                         submit a comment, review other public
                                                                                                            Department of Energy, Building
                                                                                                            Technologies Office, Mailstop EE–5B,                   comments and the docket, or participate
                                                    Energy Conservation Program: Test                                                                              in the public meeting, contact the
                                                    Procedures for Consumer                                 1000 Independence Avenue SW.,
                                                                                                            Washington, DC, 20585–0121.                            Appliance and Equipment Standards
                                                    Refrigerators, Refrigerator-Freezers,                                                                          Program staff at (202) 586–6636 or by
                                                    and Freezers                                            Telephone: (202) 586–6636. If possible,
                                                                                                            please submit all items on a compact                   email: ApplianceStandardsQuestions@
                                                    AGENCY:  Office of Energy Efficiency and                disc (CD), in which case it is not                     ee.doe.gov.
                                                    Renewable Energy, Department of                         necessary to include printed copies.
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                    Energy.                                                    • Hand Delivery/Courier: Appliance
                                                    ACTION: Request for information (‘‘RFI’’).              and Equipment Standards Program, U.S.                  Table of Contents
                                                                                                            Department of Energy, Building
                                                    SUMMARY:   The U.S. Department of                       Technologies Office, 950 L’Enfant Plaza                I. Introduction
                                                    Energy (‘‘DOE’’) is initiating a data                   SW., 6th Floor, Washington, DC, 20024.                    A. Authority and Background
                                                    collection process through this request                 Telephone: (202) 586–6636. If possible,                   B. Rulemaking History
                                                    for information to consider whether to                  please submit all items on a CD, in                    II. Request for Information and Comments
                                                    amend DOE’s test procedures for                         which case it is not necessary to include                 A. Features
                                                    consumer refrigerators, refrigerator-                   printed copies.                                           1. Door-in-Door Designs
                                                    freezers, and freezers. To inform                          No telefacsimilies (faxes) will be                     2. Display Screens and Connected
                                                    interested parties and to facilitate this               accepted. For detailed instructions on                       Functions
                                                    process, DOE has gathered data,                         submitting comments and additional                        B. Icemaking Energy Consumption
                                                    identifying several issues associated                   information on the rulemaking process,                    C. Built-In Test Configuration
                                                    with the currently applicable test                      see section III of this document.                         D. Test Procedure Clarifications
                                                    procedures on which DOE is interested                      Docket: The docket for this activity,                  1. Thermocouple Configuration for Freezer
                                                    in receiving comment. The issues                        which includes Federal Register                              Drawers
                                                    outlined in this document mainly                                                                                  2. Definitions
                                                                                                            notices, comments, and other
                                                                                                                                                                      E. AHAM HRF–1 Standard
                                                    concern testing products with newly-                    supporting documents/materials, is
                                                                                                                                                                      F. Other Test Procedure Topics
                                                    available features, the inclusion of                    available for review at                                III. Public Participation
                                                    automatic icemaker energy use, built-in                 www.regulations.gov. All documents in
                                                    product test configuration, any issues                  the docket are listed in the http://                   I. Introduction
                                                    with the current test procedure that                    www.regulations.gov index. However,
                                                    need to be addressed, and any                           some documents listed in the index,                       Consumer refrigerators, refrigerator-
                                                    additional topics that may inform DOE’s                 such as those containing information                   freezers, and freezers are included in the
                                                    decisions in a future test procedure                    that is exempt from public disclosure,                 list of ‘‘covered products’’ for which
                                                    rulemaking, including methods to                        may not be publicly available.                         DOE is authorized to establish and
                                                    reduce regulatory burden while                             The docket Web page can be found at                 amend energy conservation standards
                                                    ensuring the procedure’s accuracy. DOE                  http://www.regulations.gov/                            and test procedures. (42 U.S.C.
                                                    welcomes written comments from the                      #!docketDetail;D=EERE-2017-BT-TP-                      6292(a)(1)) DOE’s test procedures for
                                                    public on any subject within the scope                  0004. The docket Web page will contain                 consumer refrigerators, refrigerator-
                                                    of this document (including topics not                  simple instructions on how to access all               freezers, and freezers are prescribed at
                                                    raised in this request for information).                documents, including public comments,                  title 10 of the Code of Federal
                                                    DATES: Written comments and                             in the docket. See section III for                     Regulations (‘‘CFR’’) part 430, subpart B,
                                                    information are requested and will be                   information on how to submit                           appendices A and B (‘‘Appendices A
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                                                    accepted on or before July 31, 2017.                    comments through http://                               and B’’). The following sections discuss
                                                    ADDRESSES: Interested persons are                       www.regulations.gov.                                   DOE’s authority to establish and amend
                                                    encouraged to submit comments using                     FOR FURTHER INFORMATION CONTACT:    Dr.                test procedures for consumer
                                                    the Federal eRulemaking Portal at                       Stephanie Johnson, U.S. Department of                  refrigerators, refrigerator-freezers, and
                                                    http://www.regulations.gov. Follow the                  Energy, Office of Energy Efficiency and                freezers, as well as relevant background
                                                    instructions for submitting comments.                   Renewable Energy, Building                             information regarding DOE’s
                                                    Alternatively, interested persons may                   Technologies Office, EE–5B, 1000                       consideration of test procedures for
                                                    submit comments, identified by docket                   Independence Avenue SW.,                               these products.


                                               VerDate Sep<11>2014   15:56 Jun 29, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\30JNP1.SGM   30JNP1


                                                                               Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules                                          29781

                                                    A. Authority and Background                             test procedures for covered products.                  Using this industry-created test
                                                       The Energy Policy and Conservation                   EPCA requires that any test procedures                 procedure, DOE revised its test
                                                    Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1                 prescribed or amended under this                       procedures on August 10, 1982 (47 FR
                                                    Public Law 94–163 (42 U.S.C. 6311–                      section be reasonably designed to                      34517).
                                                                                                            produce test results which measure                        On August 31, 1989, DOE amended
                                                    6317, as codified), among other things,
                                                                                                            energy efficiency, energy use or                       the test procedure further when it
                                                    authorizes DOE to regulate the energy
                                                                                                            estimated annual operating cost of a                   published a final rule establishing test
                                                    efficiency of a number of consumer
                                                                                                            covered product during a representative                procedures for variable-defrost control
                                                    products and industrial equipment.
                                                                                                            average use cycle or period of use and                 refrigeration products, dual-compressor
                                                    Title III, part B 2 of EPCA established the
                                                                                                            not be unduly burdensome to conduct.                   refrigerator-freezers, and freezers
                                                    Energy Conservation Program for
                                                                                                            (42 U.S.C. 6293(b)(3))                                 equipped with ‘‘quick-freeze’’ (54 FR
                                                    Consumer Products Other Than
                                                                                                               In addition, if DOE determines that a               36238).
                                                    Automobiles, which sets forth a variety                                                                           DOE amended the test procedures
                                                                                                            test procedure amendment is warranted,
                                                    of provisions designed to improve                       it must publish proposed test                          again on March 7, 2003, by modifying
                                                    energy efficiency. These products                       procedures and offer the public an                     the test period used for products
                                                    include consumer refrigerators,                         opportunity to present oral and written                equipped with long-time automatic
                                                    refrigerator-freezers, and freezers, the                comments on them. (42 U.S.C.                           defrost or variable defrost (68 FR
                                                    subject of this request for information                 6293(b)(2))                                            10957).
                                                    (RFI). (42 U.S.C. 6292(a)(1))                              EPCA also requires that, at least once                 On December 16, 2010, DOE made its
                                                       Under EPCA, DOE’s energy                             every 7 years, DOE evaluate test                       most recent significant modifications to
                                                    conservation program consists                           procedures for each type of covered                    the test procedures when it published a
                                                    essentially of four parts: (1) Testing, (2)             product, including consumer                            final and interim final rule establishing
                                                    labeling, (3) Federal energy conservation               refrigerators, refrigerator-freezers, and              the test procedures in Appendices A
                                                    standards, and (4) certification and                    freezers, to determine whether amended                 and B (75 FR 78810). That rule
                                                    enforcement procedures. Relevant                        test procedures would more accurately                  established a number of comprehensive
                                                    provisions of the Act specifically                      or fully comply with the requirements                  changes to help improve the
                                                    include definitions (42 U.S.C. 6291),                   for the test procedures to not be unduly               measurement of energy consumption of
                                                    energy conservation standards (42                       burdensome to conduct and be                           refrigerators, refrigerator-freezers, and
                                                    U.S.C. 6295), test procedures (42 U.S.C.                reasonably designed to produce test                    freezers. These changes included,
                                                    6293), labeling provisions (42 U.S.C.                   results that reflect energy efficiency,                among other things: (1) Adjusting the
                                                    6294), and the authority to require                     energy use, and estimated operating                    standardized compartment temperatures
                                                    information and reports from                            costs during a representative average                  and volume-adjustment factors, (2)
                                                    manufacturers (42 U.S.C. 6296).                         use cycle. (42 U.S.C. 6293(b)(1)(A)) If                adding new methods for measuring
                                                       Federal energy efficiency                            amended test procedures are                            compartment volumes, (3) modifying
                                                    requirements for covered products                       appropriate, DOE must publish a final                  the long-time automatic defrost test
                                                    established under EPCA generally                        rule to incorporate the amendments. If                 procedure to measure all energy use
                                                    supersede State laws and regulations                    DOE determines that test procedure                     associated with the defrost function,
                                                    concerning energy conservation testing,                 revisions are not appropriate, DOE must                and (4) adding test procedures for
                                                    labeling, and standards. (See 42 U.S.C.                 publish its determination not to amend                 products with a single compressor and
                                                    6297) DOE may, however, grant waivers                   the test procedures. DOE is publishing                 multiple evaporators with separate
                                                    of Federal preemption for particular                    this RFI to collect data and information               active defrost cycles. Lastly, the interim
                                                    State laws or regulations, in accordance                to inform a potential test procedure                   final rule addressed icemaking energy
                                                    with the procedures and other                           rulemaking to satisfy the 7-year review                use by including a fixed energy use
                                                    provisions of EPCA. (42 U.S.C.                          requirement specified in EPCA, which                   adder for those products equipped with
                                                    6316(b)(2)(D))                                          requires that DOE publish, by April 21,                an automatic icemaker. Using available
                                                       The Federal testing requirements                     2021, either a final rule amending the                 data submitted by the industry, this
                                                    consist of test procedures that                         test procedures or a determination that                value was set at 84 kilowatt-hours
                                                    manufacturers of covered products must                  amended test procedures are not                        (kWh) per year. Id. On January 25, 2012,
                                                    use as the basis for: (1) Certifying to                 required. (42 U.S.C. 6293(b)(1)(A))                    DOE finalized the test procedures
                                                    DOE that their products comply with                                                                            established in the interim final rule and
                                                    the applicable energy conservation                      B. Rulemaking History                                  incorporated additional amendments to
                                                    standards adopted pursuant to EPCA (42                     DOE’s current test procedures for                   improve test accuracy (77 FR 3559).
                                                    U.S.C. 6295(s)), and (2) making                         refrigerators, refrigerator-freezers, and                 On July 10, 2013, DOE proposed
                                                    representations about the efficiency of                 freezers are the result of numerous                    further amending the consumer
                                                    those consumer products (42 U.S.C.                      evolutionary steps taken since DOE                     refrigerator and refrigerator-freezer test
                                                    6293(c)). Similarly, DOE must use these                 initially established its test procedures              procedure to address products with
                                                    test procedures to determine whether                    for these products in a final rule                     multiple compressors and to allow an
                                                    the products comply with relevant                       published in the Federal Register on                   alternative method for measuring and
                                                    standards promulgated under EPCA. (42                   September 14, 1977 (42 FR 46140).                      calculating energy consumption for
                                                    U.S.C. 6295(s))                                         Industry representatives viewed these                  refrigerator-freezers and refrigerators
                                                       Under 42 U.S.C. 6293, EPCA sets forth                original test procedures as too complex                with freezer compartments, (78 FR
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                                                    the criteria and procedures DOE must                    and eventually developed alternative                   41610, ‘‘2013 NOPR’’). DOE also
                                                    follow when prescribing or amending                     test procedures in conjunction with the                proposed to amend certain aspects of
                                                                                                            Association of Home Appliance                          the consumer refrigerator, refrigerator-
                                                      1 All references to EPCA in this document refer
                                                                                                            Manufacturers (AHAM) that were                         freezer, and freezer test procedures to
                                                    to the statute as amended through the Energy            incorporated into the 1979 version of                  ensure better accuracy and repeatability.
                                                    Efficiency Improvement Act of 2015 (EEIA 2015),
                                                    Public Law 114–11 (April 30, 2015).                     HRF–1, ‘‘Household Refrigerators,                      Additionally, DOE solicited comment
                                                      2 For editorial reasons, upon codification in the     Combination Refrigerator-Freezers, and                 on a proposed automatic icemaker test
                                                    U.S. Code, part B was redesignated part A.              Household Freezers’’ (HRF–1–1979).                     procedure and on whether built-in


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                                                    29782                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules

                                                    products should be tested in a built-in                 under E.O. 13771, executive branch                     energy impacts of each type of door
                                                    configuration. Id. In response to the                   agencies such as DOE are directed to                   opening.
                                                    2013 NOPR, interested parties requested                 manage the costs associated with the
                                                                                                                                                                   2. Display Screens and Connected
                                                    that DOE grant more time to respond to                  imposition of expenditures required to
                                                                                                                                                                   Functions
                                                    the proposal for measuring energy use                   comply with Federal regulations. See 82
                                                    associated with icemaking and to DOE’s                  FR 9339 (Feb. 3, 2017) (E.O. 13771                        Many refrigerators, refrigerator-
                                                    request for comment regarding testing of                ‘‘Reducing Regulation and Controlling                  freezers, and freezers currently available
                                                    built-in products in a built-in                         Regulatory Costs’’). Pursuant to that                  on the market include user control
                                                    configuration. DOE granted the                          executive order, DOE encourages the                    panels or displays located on the front
                                                    comment period extension request for                    public to provide input on measures                    of the product. These features, which
                                                    these two topics (78 FR 53374, Aug. 29,                 DOE could take to lower the cost of its                can control the products’ function and
                                                    2013).                                                  regulations applicable to consumer                     provide additional user features, such as
                                                       On April 21, 2014, DOE published a                   refrigerators, refrigerator-freezers, and              television or internet access, operate
                                                    final rule for the refrigerator,                        freezers consistent with the                           with many different control schemes,
                                                    refrigerator-freezer, and freezer test                  requirements of EPCA.                                  including activation by proximity
                                                    procedures (the ‘‘2014 final rule’’), (79                                                                      sensors.
                                                    FR 22320). The amendments enacted by                    A. Features                                               The DOE test procedure, by
                                                    the 2014 final rule addressed products                  1. Door-in-Door Designs                                referencing AHAM’s 2008 version of
                                                    with multiple compressors and                                                                                  ‘‘Energy and Internal Volume of
                                                    established an alternative method for                      DOE’s test procedures for                           Refrigerating Appliances’’ (HRF–1–
                                                    measuring and calculating energy                        refrigerators, refrigerator-freezers, and              2008), requires testing with customer-
                                                    consumption for refrigerator-freezers                   freezers are intended to represent                     accessible features, not required for
                                                    and refrigerators with freezer                          operation in typical room conditions                   normal operation, which are electrically
                                                    compartments. The 2014 final rule also                  with door openings by testing at an                    powered, manually initiated, and
                                                    amended certain aspects of the test                     elevated ambient temperature with no                   manually terminated, set at their lowest
                                                    procedures to improve test accuracy and                 door openings. 10 CFR 430.23(a)(7). The                energy usage positions when adjustment
                                                    repeatability. To allow time to review                  increased thermal load from the                        is provided.
                                                    comments and data received during the                   elevated ambient temperature is                           However, by testing in this manner
                                                    comment period extension, DOE did not                   intended to represent the thermal load                 (i.e., setting consumer features in their
                                                    address automatic ice making energy                     that would be associated with both door                lowest energy positions), the resulting
                                                    use or built-in testing configuration in                openings as cool cabinet air mixes with                measurements may not accurately
                                                    the 2014 final rule. Id.                                warmer ambient air and the loading of                  represent actual consumer use. DOE
                                                       On July 18, 2016, DOE published a                    warmer items in the cabinet.                           requests information on how consumers
                                                    final rule that established coverage and                   DOE is aware of certain products                    typically use exterior display screens
                                                    test procedures for a variety of                        available on the market that incorporate               and control panels, when available.
                                                    refrigeration products collectively                     a door-in-door design. This feature                    While any information would be
                                                    described as ‘‘miscellaneous                            allows the consumer to access items                    welcome, DOE is particularly interested
                                                    refrigeration products’’ (‘‘MREFs’’), (81               loaded in the door shelves without                     in any survey data that may yield
                                                    FR 46768). Included within this                         opening an interior door that encloses                 insight into the manner and frequency
                                                    category are refrigeration products that                the inner cabinet. This feature prevents               with which consumers use these
                                                    include one or more compartments that                   the majority of the cool cabinet air from              features. Additionally, DOE requests
                                                    maintain higher temperatures than                       escaping to the room and being replaced                detailed feedback on the appropriate
                                                    typical refrigerator compartments, such                 by warmer ambient air, as would be the                 energy-related settings to use for these
                                                    as wine chillers and beverage coolers.                  case during a typical total door opening.              types of features during testing to best
                                                    Additionally, the final rule amended                       Because the DOE test procedure                      represent consumer use.
                                                    Appendices A and B to include                           requires testing with the cabinet doors                   Similarly, many products
                                                    provisions for testing MREFs and to                     remaining closed, it would not reflect                 incorporating these more advanced user
                                                    improve the clarity of certain existing                 the potential energy savings associated                interfaces include internet connections
                                                    test requirements. Id.                                  with door-in-door features during                      to allow for additional functions. The
                                                                                                            typical consumer operation with door                   product controls may consume different
                                                    II. Request for Information and                         openings.                                              amounts of energy depending on
                                                    Comments                                                   DOE requests comment on test                        whether the internet connection is
                                                       In the following sections, DOE has                   methods for products with door-in-door                 enabled or disabled, and if enabled,
                                                    identified a variety of issues on which                 designs that will yield accurate and                   whether it is connected to a network.
                                                    it seeks input to aid in the development                repeatable results. Specifically, DOE                  DOE requests information (such as
                                                    of the technical and economic analyses                  seeks information on whether an                        survey data) on whether consumers
                                                    regarding whether amended test                          alternate test method is appropriate or                typically use an internet connection,
                                                    procedures for consumer refrigerators,                  whether potential energy savings may                   when available, for refrigerators,
                                                    refrigerator-freezers, and freezers may be              be addressed with a calculation                        refrigerator-freezers, and freezers. DOE
                                                    warranted. Specifically, DOE is                         approach. DOE also seeks information                   also requests information on the
                                                    requesting comment on any                               regarding what steps, if any,                          potential energy impacts of the
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                                                    opportunities to streamline and simplify                manufacturers are taking to account for                refrigeration products equipped with a
                                                    testing requirements for refrigerators,                 the energy use characteristics of                      connected configuration, and on the
                                                    refrigerator-freezers, and freezers.                    products that use door-in-door designs.                appropriate energy-related settings to
                                                       Additionally, DOE welcomes                           Further, DOE requests data, if any, on                 use for testing.
                                                    comments on other issues relevant to                    consumer use of the door-in-door
                                                    the conduct of this rulemaking that may                 feature, including how often the outer                 B. Icemaking Energy Consumption
                                                    not specifically be identified in this                  door is used in comparison to a total                    In 2010, DOE initiated a test
                                                    document. In particular, DOE notes that                 door opening, and the corresponding                    procedure rulemaking to help address a


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                                                                              Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules                                             29783

                                                    variety of test procedure-related issues,                  A number of interested parties                      what specific technical issues it needs
                                                    including energy use associated with                    supported the development and                          to consider if it were to propose such a
                                                    automatic icemaking. On May 27, 2010,                   adoption of a test procedure that                      rule for adoption. To this end, DOE is
                                                    DOE published a NOPR (the ‘‘2010                        measures the energy use of automatic                   also interested in what impacts, if any,
                                                    NOPR’’) proposing to use a fixed value                  icemaking. These commenters cited a                    the adoption of an icemaking energy
                                                    of 84 kWh per year to represent the                     number of reasons to justify a                         measurement test procedure would have
                                                    energy use associated with automatic                    laboratory-based icemaker energy test                  on the measured energy use of a given
                                                    icemaking (75 FR 29824). The 2010                       procedure, including: (1) A direct                     product when compared to the fixed
                                                    NOPR also indicated that DOE would                      laboratory test is more accurate and                   energy value adder approach used in the
                                                    consider adopting an approach based on                  representative of actual icemaking                     current test procedure.
                                                    testing to determine icemaking energy                   energy use, and (2) the fixed adder                      DOE is also aware of consumer
                                                    use if a suitable test procedure could be               approach would not reward                              products available on the market that
                                                    developed. Id. at 29846–29847. A broad                  improvements in icemaking efficiency                   use two automatic icemakers. Typically,
                                                    group of interested parties submitted a                 or provide incentives to reduce                        these products are refrigerator-freezers
                                                    joint comment supporting DOE’s                          icemaker energy consumption. (BSH                      with bottom-mounted freezers, with an
                                                    proposal to use a temporary fixed                       Home Appliances Corporation, No. 21 at                 icemaker in the freezer compartment
                                                    placeholder value to represent the                      p. 1; 5 Joint Commenters,6 No. 42 at pp.               and another contained in the through-
                                                    energy use of automatic icemakers. The                  1–5; Samsung Electronics America, Inc.,                the-door ice service in the fresh food
                                                    joint commenters also urged DOE to                      No. 39 at p. 2)                                        compartment. The fresh food icemaker
                                                    initiate a rulemaking no later than                        Other interested parties supported the              serves more frequent through-the-door
                                                    January 1, 2012, and publish a final rule               adder approach, noting the significant                 ice service, while the freezer icemaker
                                                    no later than December 31, 2012, to                     test burden associated with the                        serves as an in-freezer storage container
                                                    amend the test procedures to                            proposed icemaking test procedure and                  for infrequent bulk ice use.
                                                    incorporate a laboratory-based                          the limited opportunities to reduce                      DOE requests information on whether
                                                    measurement of icemaking energy use.                    icemaking energy consumption.                          products with multiple automatic
                                                    (Test Procedure for Refrigerators,                      (AHAM, No. 37 at p. 2–5; GE                            icemakers should be tested differently
                                                    Refrigerator-Freezers, and Freezers,                    Appliances, No. 40 at p. 5; Sub-Zero                   than the more typical single automatic
                                                    Docket Number EERE–2009–BT–TP–                          Group, Inc., No. 36 at p. 2) Further, DOE              icemaker models—and if so, how. DOE
                                                    0003; Joint Comment, No. 20 at pp. 5–                   received data indicating that consumers                seeks consumer use data for these
                                                    6)                                                      likely use less ice than assumed in                    products to inform whether a different
                                                       In January 2012, AHAM provided                       calculating the 84 kWh/year adder.                     energy use adder or test procedure
                                                                                                            Interested parties commented that the                  would be appropriate for these dual-
                                                    DOE with a draft test procedure that
                                                                                                            updated consumer use data supported                    icemaker products.
                                                    could be used to measure automatic
                                                    icemaker energy usage. (AHAM                            an adder as low as 28 kWh/year.                        C. Built-In Test Configuration
                                                    Refrigerator, Refrigerator-Freezer and                  (AHAM, No. 37 at pp. 2–6; GE
                                                                                                                                                                      In the 2013 NOPR, DOE presented
                                                    Freezer Ice Making Energy Test                          Appliances, No. 40 at pp. 2–4;
                                                                                                                                                                   data indicating that testing in a built-in
                                                    Procedure, Revision 1.0—12/14/11, No.                   Northwest Energy Efficiency Alliance
                                                                                                                                                                   enclosure may affect energy
                                                    4) 3 AHAM then submitted a revised                      and Northwest Power & Conservation
                                                                                                                                                                   consumption for certain configurations
                                                    automatic icemaker test procedure on                    Council, No. 41 at p. 2)
                                                                                                                                                                   of built-in products. Specifically, those
                                                    July 18, 2012. (AHAM Refrigerator,                         DOE welcomes additional feedback
                                                                                                                                                                   products that reject condenser heat at
                                                    Refrigerator-Freezer and Freezer Ice                    from interested parties on the most
                                                                                                                                                                   the back of the unit showed a potential
                                                    Making Energy Test Procedure, Revision                  appropriate approach to account for
                                                                                                                                                                   increase in energy use when tested in an
                                                    2.0—7/10/12, No. 5) 4 In the subsequent                 icemaker energy use. DOE also requests
                                                                                                                                                                   enclosure. DOE observed no significant
                                                    2013 NOPR, as mentioned in section I.B                  any more recent consumer use data, if
                                                                                                                                                                   change in energy use associated with
                                                    of this document, DOE proposed a                        available, regarding ice consumption
                                                                                                                                                                   the test configuration for those products
                                                    method for measuring the energy usage                   and automatic icemaker usage in
                                                                                                                                                                   that reject heat from the front of the
                                                    associated with automatic icemaking                     consumer refrigerator-freezers and
                                                                                                                                                                   unit. DOE requested comment on the
                                                    based on the revised approach                           freezers. DOE also seeks input regarding
                                                                                                                                                                   appropriate test configuration for built-
                                                    submitted by AHAM. See generally 78                     whether retention of the current fixed
                                                                                                                                                                   in refrigerators, refrigerator-freezers, and
                                                    FR 41618–41629. In response to the                      adder approach should continue or
                                                                                                                                                                   freezers, (78 FR 46149–46150). Similar
                                                    2013 NOPR, AHAM submitted                               whether an actual test procedure should
                                                                                                                                                                   to the icemaking test issue, DOE
                                                    comments to DOE requesting that DOE                     replace it at this time. If DOE were to
                                                                                                                                                                   provided additional time to comment on
                                                    grant its members more time to respond                  adopt a test procedure that measures
                                                                                                                                                                   the built-in testing issue prior to the
                                                    to the automatic icemaker testing                       icemaker energy use, DOE seeks input
                                                                                                                                                                   2014 final rule, but did not address the
                                                    proposal, which DOE granted (78 FR                      on which one to use, for example, the
                                                                                                                                                                   issue in that rule.
                                                    53374, Aug. 29, 2013). In the 2014 final                test proposed in the 2013 NOPR, and                       In the rulemaking leading to the 2014
                                                    rule, DOE established the fixed value                                                                          final rule, DOE received multiple
                                                                                                              5 A notation in the form ‘‘BSH Home Appliances
                                                    adder approach and stated that it would                                                                        comments. Some commenters supported
                                                                                                            Corporation, No. 21 at p. 1’’ identifies a written
                                                    review comments received during the                     comment: (1) Made by BSH Home Appliances               testing built-in products in an
                                                    comment period extension to address                     Corporation; (2) recorded in document number 21        enclosure, as this would represent how
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                                                    the icemaking test procedure issue in a                 that is filed in the docket of the test procedure      the products are used in the field. (Joint
                                                    future notice. See 79 FR 22341–22342.                   rulemaking (Docket No. EERE–2009–BT–TP–0003)
                                                                                                            and available for review at www.regulations.gov;       Commenters, No. 42 at pp. 5–6;
                                                                                                            and (3) which appears on page 1 of document            Northwest Energy Efficiency Alliance
                                                      3 Document No. 4 in Docket No. EERE–2012–BT–          number 21.                                             and Northwest Power & Conservation
                                                    TP–0016, available for review at                          6 ‘‘Joint Commenters’’ refers to the Appliance
                                                                                                                                                                   Council, No. 41 at p. 4) Others opposed
                                                    www.regulations.gov.                                    Standards Awareness Project, American Council for
                                                      4 Document No. 5 in Docket No. EERE–2012–BT–          an Energy-Efficient Economy, Consumer Federation
                                                                                                                                                                   the enclosure approach, noting the
                                                    TP–0016, available for review at                        of America, National Consumer Law Center, and          significant increase in test burden with
                                                    www.regulations.gov.                                    Natural Resources Defense Council.                     little or no corresponding change in


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                                                    29784                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules

                                                    measured energy consumption. These                      figures, measurements must be taken at                 the term denotes all of the space within
                                                    interested parties also noted that for the              locations chosen to represent                          a refrigeration product that operates
                                                    products showing a difference in                        approximately the entire cabinet.                      within a designated temperature range.
                                                    measured energy use between the                            HRF–1–2008 provides a specific                      In other cases, the term refers to specific
                                                    freestanding and enclosure setups, the                  thermocouple location diagram for                      enclosed spaces that operate within a
                                                    enclosure configuration that DOE used                   freezer compartments in refrigerator-                  designated temperature range. For
                                                    (based on Underwriters Laboratories                     freezers (type 6 in Figure 5–2). However,              example, Appendix A, section 5.1.3
                                                    (UL) 250, ‘‘Household Refrigerators and                 the diagram for this configuration is                  uses the term in both ways, referring to
                                                    Freezers’’) was not necessarily                         based on an upright, front-opening                     individual fresh food compartment
                                                    consistent with manufacturer                            freezer compartment, and does not                      temperatures and volumes to calculate
                                                    installation instructions. (AHAM, No.                   explicitly address drawer-type freezer                 the overall fresh food compartment
                                                    37 at pp. 16–17; BSH Home Appliances                    compartments. Based on its experience                  temperature.
                                                    Corporation, No. 21 at p. 1; Liebherr-                  testing these products at third-party test                DOE requests information on whether
                                                    Canada, Ltd., No. 34 at pp. 1–4; Sub-                   laboratories, DOE understands there                    the clarity of Appendices A and B
                                                    Zero Group, Inc., No. 36 at p. 2).                      may be confusion over which                            would be improved by defining the term
                                                       DOE continues to seek comment on                     thermocouple layout is appropriate for                 ‘‘compartment’’ and using the term
                                                    the built-in testing issue, including                   drawer-type freezer compartments in                    consistently throughout the test
                                                    consumer installation, test burden, and                 refrigerator-freezers. DOE believes that               procedures. If DOE were to define the
                                                    energy impacts. Among the issues of                     sensor layout type 6 is appropriate for                term ‘‘compartment,’’ DOE seeks
                                                    interest to DOE include whether testing                 testing drawer freezer compartments in                 comment on what that definition should
                                                    a product in its built-in condition would               refrigerator-freezers. DOE requests                    be—and whether a definition such as
                                                    generally be more representative of                     feedback on whether this sensor layout                 the one included in AS/NZS 4474.1–
                                                    energy consumption of a product during                  or, alternatively, a different                         2007 would be sufficient to clearly
                                                    its average use cycle or period of use                  thermocouple configuration set forth in                define this term.
                                                    and, if so, the extent to which testing in              HRF–1–2008 or elsewhere, is                               DOE also notes that while Appendix
                                                    this condition would be expected to                     appropriate for testing drawer freezer                 A defines ‘‘cooler compartment,’’ it does
                                                    affect the measured energy use of these                 compartments.                                          not directly define related terms such as
                                                    products, if any. DOE requests                          2. Definitions                                         ‘‘fresh food compartment’’ or ‘‘freezer
                                                    information on whether testing all built-                                                                      compartment’’—although these
                                                                                                               As discussed in the recent MREF test                definitions are in HFR–1–2008, which is
                                                    in products in an enclosure is
                                                                                                            procedure final rule, DOE’s test                       incorporated by reference into
                                                    appropriate, or whether testing in an
                                                                                                            procedures in Appendices A and B                       Appendices A and B. 10 CFR 430.3.
                                                    enclosure would affect the test results
                                                                                                            frequently use the term ‘‘compartment’’                DOE requests comment on whether it
                                                    only for certain built-in product
                                                                                                            despite that term not being defined.                   should directly define these terms in
                                                    configurations, such as those that
                                                                                                            While DOE considered the need for                      Appendix A—and if so, how?
                                                    exhaust condenser heat from the rear of
                                                                                                            clarifying that term, it did not define it                DOE also welcomes feedback on the
                                                    the product. DOE is also interested in
                                                                                                            in that final rule. See 81 FR 46779.                   definitions of ‘‘refrigerators,’’
                                                    detailed information on whether there                      DOE is aware of only one specific
                                                    would be a significant additional test                                                                         ‘‘refrigerator-freezers,’’ and ‘‘freezers’’ in
                                                                                                            definition for ‘‘compartment’’ in                      10 CFR 430.2. These definitions were
                                                    burden resulting from a requirement                     finalized international or industry test
                                                    that specifies these products be tested in                                                                     most recently amended in DOE’s final
                                                                                                            procedures—specifically, Australian/                   rule establishing coverage and test
                                                    a built-in condition—and if so, the                     New Zealand testing standard AS/NZS
                                                    nature and extent of that burden.                                                                              procedures for MREFs, (81 FR 46768).
                                                                                                            4474.1–2007. This procedure define a                   Prior to that final rule, DOE published
                                                    Additionally, DOE is interested in                      compartment as ‘‘an enclosed space
                                                    whether alternative methods of                                                                                 a supplemental noticed of proposed
                                                                                                            within a refrigerating appliance, which                determination (‘‘SNOPD’’) in which it
                                                    assessing the energy consumption of                     is directly accessible through one or
                                                    built-in products during their average                                                                         proposed to amend these definitions. In
                                                                                                            more external doors. A compartment                     that SNOPD, DOE noted that the
                                                    use cycle or period of use, such as                     may contain one or more sub-
                                                    through a calculation or adder                                                                                 refrigerator and refrigerator-freezer
                                                                                                            compartments and one or more                           product definitions described a freezer
                                                    approach, are feasible—and if so, what                  convenience features.’’ AS/NZS 4474.1–
                                                    likely degree of accuracy could be                                                                             compartment as a compartment
                                                                                                            2007 further defines a ‘‘sub-                          designed for the freezing and storage of
                                                    obtained if such methods were used in                   compartment’’ as ‘‘a permanent
                                                    lieu of testing in a built-in condition.                                                                       food at temperatures below 8 °F which
                                                                                                            enclosed space within a compartment or                 may be adjusted by the user to a
                                                    D. Test Procedure Clarifications                        sub-compartment which is designated                    temperature of 0 °F or below, and
                                                                                                            as being a different type of food storage              proposed to amend the definitions to
                                                    1. Thermocouple Configuration for                       space (i.e., has a different compartment
                                                    Freezer Drawers                                                                                                refer to a compartment capable of
                                                                                                            temperature range) from the                            maintaining compartment temperatures
                                                       As discussed in section II.A.2 of this               compartment or sub-compartment                         of 0 °F or below, (81 FR 11454, 11460,
                                                    document, Appendices A and B                            within which it is located,’’ and                      March 4, 2016). However, because
                                                    incorporate by reference portions of                    ‘‘convenience features,’’ as enclosures or             interested parties commented that the
                                                    HRF–1–2008 for testing requirements.                    containers with temperature conditions
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                                                                                                                                                                   proposed amendments may affect the
                                                    Section 5.5.5.5 of HRF–1–2008 includes                  which may or may not be different from                 scope of the existing refrigerator,
                                                    figures specifying thermocouple                         the compartment within which they are                  refrigerator-freezer, and freezer
                                                    placement for a number of example                       located.                                               definitions (AHAM, MREF Coverage No.
                                                    fresh food and freezer compartment                         However, DOE notes that the AS/NZS
                                                                                                                                                                   24 at pp. 2–3; 7 Sub Zero, MREF
                                                    configurations. HRF–1–2008 also notes                   4474.1–2007 approach is not fully
                                                    that in situations where the interior of                consistent with all of the uses of the                  7 A notation in the form ‘‘AHAM, MREF Coverage
                                                    a cabinet does not conform to the                       term ‘‘compartment’’ currently found in                No. 24 at pp. 2–3’’ identifies a written comment: (1)
                                                    configurations shown in the example                     the DOE test procedures. In some cases,                Made by the Association of Home Appliance



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                                                                              Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules                                           29785

                                                    Coverage No. 22 at pp. 1–2), DOE did                    reference in Appendices A and B—and                       Submitting comments via http://
                                                    not adopt these proposed modifications                  if so, how?                                            www.regulations.gov. The http://
                                                    to the amended definitions. See 81 FR                                                                          www.regulations.gov Web page will
                                                                                                            F. Other Test Procedure Topics
                                                    46777.                                                                                                         require you to provide your name and
                                                       The proposed amendments would                           In addition to the issues identified                contact information. Your contact
                                                    have resolved an inconsistency between                  earlier in this document, DOE welcomes                 information will be viewable to DOE
                                                    the definitions and the standardized                    comment on any other aspect of the                     Building Technologies staff only. Your
                                                    compartment temperature specified in                    existing test procedures for refrigerators,            contact information will not be publicly
                                                    the test procedure. Specifically, while                 refrigerator-freezers, and freezers not                viewable except for your first and last
                                                    the 8 °F threshold for freezer                          already addressed by the specific areas                names, organization name (if any), and
                                                    compartments in the definitions for                     identified in this document. DOE                       submitter representative name (if any).
                                                    refrigerators and refrigerator-freezers is              particularly seeks information that                    If your comment is not processed
                                                    consistent with the fresh food                          would improve the repeatability,                       properly because of technical
                                                    compartment and freezer compartment                     reproducibility, and consumer                          difficulties, DOE will use this
                                                    definitions included in HRF–1–2008,                     representativeness of the test                         information to contact you. If DOE
                                                    Appendix A requires that freezer                        procedures. DOE also requests                          cannot read your comment due to
                                                    compartments in refrigerator-freezers be                information that would help DOE create                 technical difficulties and cannot contact
                                                    tested to a standardized compartment                    a procedure that would limit                           you for clarification, DOE may not be
                                                    temperature of 0 °F. Under the existing                 manufacturer test burden through                       able to consider your comment.
                                                    requirements, a product would meet the                  streamlining or simplifying testing                       However, your contact information
                                                    refrigerator-freezer definition but would               requirements. Comments regarding                       will be publicly viewable if you include
                                                    not receive an energy use rating under                  repeatability and reproducibility are                  it in the comment or in any documents
                                                    Appendix A if the freezer compartment                   also welcome.                                          attached to your comment. Any
                                                    is capable of achieving a temperature                      DOE also requests feedback on any                   information that you do not want to be
                                                    below 8 °F but above 0 °F.                              potential amendments to the existing                   publicly viewable should not be
                                                       DOE requests feedback on whether it                  test procedure that could be considered                included in your comment, nor in any
                                                    should address this potential                           to address impacts on manufacturers,                   document attached to your comment.
                                                    definitional and testing issue, and if so,              including small businesses. Regarding                  Persons viewing comments will see only
                                                    how. DOE also seeks information on                      the Federal test method, DOE seeks                     first and last names, organization
                                                    how to best harmonize the refrigerator                  comment on the degree to which the                     names, correspondence containing
                                                    and refrigerator-freezer definitions with               DOE test procedure should consider and                 comments, and any documents
                                                    any potential updates to the fresh food                 be harmonized with the most recent                     submitted with the comments.
                                                    and freezer compartment definitions.                    relevant industry standards for                           Do not submit to http://
                                                                                                            consumer refrigerators, freezers, and                  www.regulations.gov information for
                                                    E. AHAM HRF–1 Standard
                                                                                                            refrigerator-freezers and whether there                which disclosure is restricted by statute,
                                                      As discussed in section II.A.2 of this                are any changes to the Federal test                    such as trade secrets and commercial or
                                                    document, the DOE test procedures                       method that would provide additional                   financial information (hereinafter
                                                    incorporate by reference certain sections               benefits to the public.                                referred to as Confidential Business
                                                    of the AHAM industry standard HRF–1–                       Additionally, DOE requests comment                  Information (CBI)). Comments
                                                    2008. DOE references HRF–1–2008 for                     on whether the existing test procedures                submitted through http://
                                                    definitions, installation and operating                 limit manufacturer’s ability to provide                www.regulations.gov cannot be claimed
                                                    conditions, temperature measurements,                   additional features to consumers on                    as CBI. Comments received through the
                                                    and volume measurements. In August                      refrigerators, refrigerator-freezers, and              Web site will waive any CBI claims for
                                                    2016, AHAM released an updated                          freezers. DOE particularly seeks                       the information submitted. For
                                                    version of the HRF–1 standard, HRF–1–                   information on how the test procedures                 information on submitting CBI, see the
                                                    2016. Based on review of the newer                      could be amended to reduce the cost of                 Confidential Business Information
                                                    standard, DOE notes that the majority of                these new or additional features and                   section.
                                                    the updates from the 2008 standard are                  make it more likely that such features                    DOE processes submissions made
                                                    clarifications or other revisions that                  are included on consumer refrigerators,                through http://www.regulations.gov
                                                    harmonize with DOE’s test procedures.                   freezers, and refrigerator-freezers.                   before posting. Normally, comments
                                                    Accordingly, DOE does not expect that                                                                          will be posted within a few days of
                                                                                                            III. Submission of Comments                            being submitted. However, if large
                                                    updating its references to HRF–1–2016
                                                    would substantively affect the test                        DOE invites all interested parties to               volumes of comments are being
                                                    procedures in Appendices A and B.                       submit in writing by July 31, 2017,                    processed simultaneously, your
                                                      DOE requests feedback on whether its                  comments and information on matters                    comment may not be viewable for up to
                                                    test procedures should incorporate by                   addressed in this notice and on other                  several weeks. Please keep the comment
                                                    reference certain sections of the most                  matters relevant to DOE’s consideration                tracking number that http://
                                                    current version of HRF–1, HRF–1–2016,                   of amended test procedures for                         www.regulations.gov provides after you
                                                    rather than HRF–1–2008. DOE also                        refrigerators, refrigerator-freezers, and              have successfully uploaded your
                                                    requests whether any of the revisions                   freezers. After the close of the comment               comment.
                                                    between HRF–1–2008 and HRF–1–2016                       period, DOE will begin collecting data,                   Submitting comments via email, hand
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                                                    would substantively affect the                          conducting analyses, and reviewing the                 delivery, or mail. Comments and
                                                    requirements currently incorporated by                  public comments, as needed. These                      documents submitted via email, hand
                                                                                                            actions will be taken to aid in the                    delivery, or mail also will be posted to
                                                    Manufacturers; (2) recorded in document number          development of a test procedure NOPR                   http://www.regulations.gov. If you do
                                                    24 that is filed in the docket of the MREF coverage     for refrigerators, refrigerator-freezers,              not want your personal contact
                                                    determination rulemaking (Docket No. EERE–2011–
                                                    BT–DET–0072–0024) and available for review at
                                                                                                            and freezers if DOE determines that                    information to be publicly viewable, do
                                                    www.regulations.gov; and (3) which appears on           amended test procedures may be                         not include it in your comment or any
                                                    pages 2–3 of document number 24.                        appropriate for these products.                        accompanying documents. Instead,


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                                                    29786                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules

                                                    provide your contact information on a                   confidential character due to the                      by expanding the applicability and
                                                    cover letter. Include your first and last               passage of time, and (7) why disclosure                making certain inspections repetitive.
                                                    names, email address, telephone                         of the information would be contrary to                We are proposing this AD to address the
                                                    number, and optional mailing address.                   the public interest.                                   unsafe condition on these products.
                                                    The cover letter will not be publicly                      It is DOE’s policy that all comments                Since these actions impose an
                                                    viewable as long as it does not include                 may be included in the public docket,                  additional burden over those proposed
                                                    any comments.                                           without change and as received,                        in the NPRM, we are reopening the
                                                       Include contact information each time                including any personal information                     comment period to allow the public the
                                                    you submit comments, data, documents,                   provided in the comments (except                       chance to comment on these proposed
                                                    and other information to DOE. If you                    information deemed to be exempt from                   changes.
                                                    submit via mail or hand delivery, please                public disclosure).                                    DATES: The comment period for the
                                                    provide all items on a CD, if feasible. It                 DOE considers public participation to               NPRM published in the Federal
                                                    is not necessary to submit printed                      be a very important part of the process                Register on January 11, 2017 (82 FR
                                                    copies. No facsimiles (faxes) will be                   for developing test procedures and                     3217), is reopened.
                                                    accepted.                                               energy conservation standards. DOE                       We must receive comments on this
                                                       Comments, data, and other                            actively encourages the participation                  SNPRM by August 14, 2017.
                                                    information submitted to DOE                            and interaction of the public during the               ADDRESSES: You may send comments,
                                                    electronically should be provided in                    comment period in each stage of the                    using the procedures found in 14 CFR
                                                    PDF (preferred), Microsoft Word or                      rulemaking process. Interactions with                  11.43 and 11.45, by any of the following
                                                    Excel, WordPerfect, or text (ASCII) file                and between members of the public                      methods:
                                                    format. Provide documents that are not                  provide a balanced discussion of the                     • Federal eRulemaking Portal: Go to
                                                    secured, written in English and free of                 issues and assist DOE in the rulemaking                http://www.regulations.gov. Follow the
                                                    any defects or viruses. Documents                       process. Anyone who wishes to be                       instructions for submitting comments.
                                                    should not contain special characters or                added to the DOE mailing list to receive                 • Fax: 202–493–2251.
                                                    any form of encryption and, if possible,                future notices and information about                     • Mail: U.S. Department of
                                                    they should carry the electronic                        this rulemaking should contact                         Transportation, Docket Operations, M–
                                                    signature of the author.                                Appliance and Equipment Standards                      30, West Building Ground Floor, Room
                                                       Campaign form letters. Please submit                 Program staff at (202) 586–6636 or via                 W12–140, 1200 New Jersey Avenue SE.,
                                                    campaign form letters by the originating                email at                                               Washington, DC 20590.
                                                    organization in batches of between 50 to                ApplianceStandardsQuestions@                             • Hand Delivery: U.S. Department of
                                                    500 form letters per PDF or as one form                 ee.doe.gov.                                            Transportation, Docket Operations, M–
                                                    letter with a list of supporters’ names                                                                        30, West Building Ground Floor, Room
                                                    compiled into one or more PDFs. This                      Issued in Washington, DC, on June 23,                W12–140, 1200 New Jersey Avenue SE.,
                                                    reduces comment processing and                          2017.
                                                                                                                                                                   Washington, DC between 9 a.m. and 5
                                                    posting time.                                           Kathleen B. Hogan,                                     p.m., Monday through Friday, except
                                                       Confidential Business Information.                   Deputy Assistant Secretary for Energy                  Federal holidays.
                                                    According to 10 CFR 1004.11, any                        Efficiency, Energy Efficiency and Renewable              For service information identified in
                                                    person submitting information that he                   Energy.                                                this SNPRM, contact 328 Support
                                                    or she believes to be confidential and                  [FR Doc. 2017–13803 Filed 6–29–17; 8:45 am]            Services GmbH, Global Support Center,
                                                    exempt by law from public disclosure                    BILLING CODE 6450–01–P                                 P.O. Box 1252, D–82231 Wessling,
                                                    should submit via email, postal mail, or                                                                       Federal Republic of Germany; telephone
                                                    hand delivery two well-marked copies:                                                                          +49 8153 88111 6666; fax +49 8153
                                                    one copy of the document marked                         DEPARTMENT OF TRANSPORTATION                           88111 6565; email gsc.op@
                                                    confidential including all the                                                                                 328support.de; Internet http://
                                                    information believed to be confidential,                Federal Aviation Administration                        www.328support.de. You may view this
                                                    and one copy of the document marked                                                                            referenced service information at the
                                                    ‘‘non-confidential’’ with the information               14 CFR Part 39                                         FAA, Transport Airplane Directorate,
                                                    believed to be confidential deleted.                    [Docket No. FAA–2016–9568; Directorate                 1601 Lind Avenue SW., Renton, WA.
                                                    Submit these documents via email or on                  Identifier 2016–NM–150–AD]                             For information on the availability of
                                                    a CD, if feasible. DOE will make its own                                                                       this material at the FAA, call 425–227–
                                                    determination about the confidential                    RIN 2120–AA64
                                                                                                                                                                   1221.
                                                    status of the information and treat it
                                                                                                            Airworthiness Directives; 328 Support                  Examining the AD Docket
                                                    according to its determination.
                                                       Factors of interest to DOE when                      Services GmbH (Type Certificate                           You may examine the AD docket on
                                                    evaluating requests to treat submitted                  Previously Held by AvCraft Aerospace                   the Internet at http://
                                                    information as confidential include (1) a               GmbH; Fairchild Dornier GmbH;                          www.regulations.gov by searching for
                                                    description of the items, (2) whether                   Dornier Luftfahrt GmbH) Airplanes                      and locating Docket No. FAA–2016–
                                                    and why such items are customarily                      AGENCY:  Federal Aviation                              9568; or in person at the Docket
                                                    treated as confidential within the                      Administration (FAA), DOT.                             Management Facility between 9 a.m.
                                                    industry, (3) whether the information is                ACTION: Supplemental notice of                         and 5 p.m., Monday through Friday,
                                                    generally known by or available from                    proposed rulemaking (SNPRM);                           except Federal holidays. The AD docket
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                                                    other sources, (4) whether the                          reopening of comment period.                           contains this proposed AD, the
                                                    information has previously been made                                                                           regulatory evaluation, any comments
                                                    available to others without obligation                  SUMMARY:   We are revising an earlier                  received, and other information. The
                                                    concerning its confidentiality, (5) an                  proposal for an airworthiness directive                street address for the Docket Office
                                                    explanation of the competitive injury to                (AD) for certain 328 Support Services                  (telephone: 800–647–5527) is in the
                                                    the submitting person which would                       GmbH Model 328–100 and Model 328–                      ADDRESSES section. Comments will be
                                                    result from public disclosure, (6) when                 300 airplanes. This action revises the                 available in the AD docket shortly after
                                                    such information might lose its                         notice of proposed rulemaking (NPRM)                   receipt.


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Document Created: 2017-06-30 06:01:13
Document Modified: 2017-06-30 06:01:13
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
ActionRequest for information (``RFI'').
DatesWritten comments and information are requested and will be accepted on or before July 31, 2017.
ContactDr. Stephanie Johnson, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 287-1943. Email: [email protected]
FR Citation82 FR 29780 
CFR Citation10 CFR 429
10 CFR 430

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