Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures for Automatic Commercial Ice Makers, 18428-18445 [2011-7728]
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18428
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules
Issued in Washington, DC, on March 30,
2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
[FR Doc. 2011–7939 Filed 4–1–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE–2010–BT–TP–0036]
RIN 1904–AC38
Energy Efficiency Program for Certain
Commercial and Industrial Equipment:
Test Procedures for Automatic
Commercial Ice Makers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Department of
Energy (DOE) proposes to revise its test
procedure for automatic commercial ice
makers (ACIM) established under the
Energy Policy and Conservation Act.
This notice of proposed rulemaking
(NOPR) proposes to update the
incorporation by reference of industry
test procedures to the most current
published versions. The current DOE
test procedure applies to automatic
commercial ice makers that produce
cube type ice. This NOPR proposes to
expand coverage of the test procedure to
all batch type and continuous type ice
makers with capacities between 50 and
4,000 pounds of ice per 24 hours. A
batch type ice maker is defined as an ice
maker with alternate freezing and
harvesting periods, including machines
that produce cube type ice, tube type
ice, and fragmented ice. A continuous
type ice maker is defined as an ice
maker that continually freezes and
harvests ice at the same time.
Continuous type ice makers primarily
produce flake or nugget ice. DOE also
proposes amendments to standardize
test results based on ice quality for
continuous type ice makers, clarify the
test methods and reporting requirements
for automatic ice makers designed to be
connected to a remote compressor rack,
and provide test methods for
modulating capacity ice makers.
Furthermore, DOE proposes to
discontinue the use of a clarified energy
use equation.
The test procedure applies to
automatic commercial ice makers as
defined in section 136 of the Energy
Policy Act of 2005. Use of any amended
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test procedures will be required on the
compliance date of any standards
developed in the associated energy
conservation standard rulemaking. This
notice announces a public meeting to
discuss and receive comments on the
proposed test procedure amendments.
DATES: DOE will hold a public meeting
in Washington, DC on April 29, 2011
from 9 a.m. to 1 p.m. Additionally, DOE
plans to make the public meeting
available via webinar. See section V,
‘‘Public Participation,’’ of this NOPR for
webinar registration information,
participant instructions, and
information about the capabilities
available to webinar participants.
DOE will accept comments, data, and
other information regarding this NOPR
before or after the public meeting, but
no later than June 3, 2011. See section
V, ‘‘Public Participation,’’ for details.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. To attend,
please notify Ms. Brenda Edwards at
(202) 586–2945. Please note that foreign
nationals planning to participate in the
public meeting are subject to advance
security screening procedures. Any
foreign national wishing to participate
in the meeting should advise DOE as
soon as possible by contacting Ms.
Brenda Edwards at (202) 586–2945 to
initiate the necessary procedures.
Any comments submitted must
identify the NOPR for test procedures
for automatic commercial ice makers,
and provide docket number EERE–
2010–BT–TP–0036 or Regulation
Identifier Number (RIN) 1904–AC38.
Comments may be submitted using any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: ACIM-2010-TP0036@ee.doe.gov. Include the docket
number EERE–2010–BT–TP–0036 and/
or RIN 1904–AC38 in the subject line of
the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121. If
possible, please submit all items on CD.
It is not necessary to include printed
copies.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on CD. It is not
necessary to include printed copies.
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Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
rule may be submitted to Office of
Energy Efficiency and Renewable
Energy through the methods listed
above and by e-mail to
Christine_J._Kymn@omb.eop.gov.
Docket: The docket is available for
review at regulations.gov, including
Federal Register notices, framework
documents, public meeting attendee
lists and transcripts, comments, and
other supporting documents/materials.
All documents in the docket are listed
in the regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure. The regulations.gov web
page will contain instructions on how to
access all documents in the docket,
including public comments.
The rulemaking web page can be
found at: https://www.eere.energy.gov/
buildings/appliance_standards/
commercial/automatic_ice_making_
equipment.html. This web page contains
a link to the docket for this notice on
regulations.gov.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V, ‘‘Public Participation,’’ of
this document.
For further information on how to
submit or review public comments,
participate in the public meeting, or
view hard copies of the docket in the
Resource Room, contact Ms. Brenda
Edwards at (202) 586–2945 or e-mail:
Brenda.Edwards@ee.doe.gov.
Mr.
Charles Llenza, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2192,
Charles_Llenza@ee.doe.gov.
In the Office of General Counsel
contact Mr. Ari Altman, U.S.
Department of Energy, Office of General
Counsel, GC–71, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121, (202) 287–6307,
Ari.Altman@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background and Legal Authority
II. Summary of the Proposed Rule
A. Proposed Test Procedure Amendments
B. Association With Energy Conservation
Standards Rulemaking
III. Discussion
A. Summary of the Test Procedure
Revisions
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1. Update References to Industry Standards
to Most Current Versions
2. Expand Capacity Range to Larger
Capacity Equipment
3. Include Test Methods for Continuous
Type Ice Makers
a. Standardize Ice Quality for Continuous
Type Ice Makers
4. Measure Potable Water Used To Produce
Ice
a. Test Batch Type Ice Makers at the
Highest Purge Setting
5. Provide a Test Method for Measuring
Storage Bin Effectiveness
6. Provide a Test Method for Remote
Condensing Automatic Commercial Ice
Makers
7. Provide a Test Method for Modulating
Capacity Automatic Commercial Ice
Makers
8. Discontinue Use of a Clarified Energy
Rate Calculation
B. Response to Additional Comments
Raised by Interested Parties at the
Framework Document Public Meeting
1. Treatment of Tube Type Ice Machines
2. Quantification of Auxiliary Energy Use
3. Standardization of Water Hardness for
Measurement of Potable Water Used in
Making Ice
IV. Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under the Treasury and General
Government Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under the Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal
Energy Administration Act of 1974
V. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Prepared
General Statements for Distribution
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Background and Legal Authority
Title III of the Energy Policy and
Conservation Act (‘‘EPCA’’ or ‘‘the Act,’’
Pub. L. 94–163), as amended by the
Energy Policy Act of 2005 (EPACT 2005,
Pub. L. 109–58), establishes an energy
conservation program for certain
commercial and industrial equipment.
(42 U.S.C. 6311–6317) This program sets
Federal energy conservation standards,
test procedures, and labeling
requirements.
EPCA prescribes energy conservation
standards for automatic commercial ice
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makers that produce cube type ice with
capacities between 50 and 2,500 pounds
of ice per 24-hour period. (42 U.S.C.
6313(d)(1)) EPCA also requires the
Secretary of Energy to review these
standards and determine, by January 1,
2015, whether amending the applicable
standards is technically feasible and
economically justified. (42 U.S.C.
6313(d)(3)) DOE is currently
undertaking a standards rulemaking,
concurrent to this test procedure
rulemaking, to determine if amended
standards are technically feasible and
economically justified for automatic
commercial ice makers covered by the
standards set in EPACT 2005 (docket
number EERE–2010–BT–STD–0037). In
the energy conservation standards
rulemaking, DOE is also proposing,
under 42 U.S.C. 6313(d)(2), standards
for continuous type ice makers, tube
type ice makers, and equipment with
capacities up to 4,000 pounds of ice per
24 hours.
Manufacturers of automatic
commercial ice makers must use
prescribed test procedures to measure
energy and, if applicable, water use to
certify to DOE that equipment complies
with the energy conservation standards.
(42 U.S.C. 6291(6)(A)) Manufacturers
must also use prescribed test procedures
for labeling or making representations
about the efficiency of those products.
(42 U.S.C. 6315(b)) Under 42 U.S.C.
6314, EPCA sets forth the criteria and
procedures DOE must follow when
prescribing or amending test procedures
for covered products. EPCA provides in
relevant part that ‘‘test procedures
prescribed in accordance with this
section shall be reasonably designed to
produce test results which reflect energy
efficiency, energy use, and estimated
operating costs of a type of industrial
equipment (or class thereof) during a
representative average use cycle (as
determined by the Secretary), and shall
not be unduly burdensome to conduct.’’
(42 U.S.C. 6314(2))
EPCA, as amended by EPACT 2005,
prescribes that the test procedure for
automatic commercial ice makers shall
be the Air-Conditioning and
Refrigeration Institute (ARI) Standard
810–2003, ‘‘Performance Rating of
Automatic Commercial Ice-Makers.’’ (42
U.S.C. 6314(a)(7)(A)) Pursuant to that
section, on December 8, 2006, DOE
published a final rule (the 2006 test
procedure final rule) that adopted the
test procedure specified in ARI
Standard 810–2003, with a revised
method for calculating energy use. DOE
adopted a clarified energy use rate
equation to specify that the energy use
be calculated using the entire mass of
ice produced during the testing period,
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normalized to 100 pounds of ice
produced. 71 FR 71340, 71350 (Dec. 8,
2006). ARI Standard 810–2003
references the American National
Standards Institute (ANSI)/American
Society of Heating, Refrigerating and
Air-Conditioning Engineers (ASHRAE)
Standard 29–1988 (Reaffirmed 2005)
(ASHRAE Standard 29–1988 (RA 2005)),
‘‘Method of Testing Automatic Ice
Makers,’’ as the method of test. The
current test procedures for automatic
commercial ice makers appear at 10 CFR
part 431, subpart H, section 134,
‘‘Uniform test method for the
measurement of energy consumption
and water consumption of automatic
commercial ice makers.’’
Since the publication of the 2006 test
procedure final rule, ARI merged with
the Gas Appliance Manufacturers
Association (GAMA) to form the AirConditioning, Heating, and Refrigeration
Institute (AHRI) and updated its test
procedure to reflect changes in the
industry. The new test procedure, AHRI
Standard 810–2007, amends the
previous test procedure, ARI Standard
810–2003, to:
1. Expand the capacity range of
covered equipment to between 50 and
4,000 pounds of ice per 24 hours at
standard rating conditions
2. Provide definitions and specific test
procedures for batch type and
continuous type ice makers; and
3. Provide a definition for ice
hardness factor, which is a measure of
ice quality or the percentage of liquid
water content in the ice product of
continuous type ice machines.
The revised AHRI Standard 810–2007
and ASHRAE Standard 29–2009 adopt
new definitions for a ‘‘batch type ice
maker’’ (also referred to as a cube type
ice maker) and a ‘‘continuous type ice
maker.’’ A batch type ice maker is
defined as an ice maker that has
alternate freezing and harvesting
periods, including machines that
produce cube type ice, tube type ice,
and fragmented ice. The test procedures
further clarify that in this definition the
word ‘‘cube’’ does not refer to the
specific shape or size of ice produced.
A continuous type ice maker is defined
as an ice maker that continually freezes
and harvests ice at the same time.
Continuous type ice makers primarily
produce flake and nugget ice.
EPCA, as amended, provides that if
ARI Standard 810–2003 is revised, the
Secretary shall amend the DOE test
procedure as necessary to be consistent
with the amended ARI Standard unless
the Secretary determines, by rule, that to
do so would not meet the requirements
for test procedures set forth in EPCA.
(42 U.S.C. 6314(a)(7)(B)) Because ARI
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Standard 810 has been updated from the
2003 version, DOE must amend the DOE
test procedure to reflect these updates,
unless doing so would not meet the
definition of a test procedure, as set
forth in section 343(a)(7) of EPCA. (42
U.S.C. 6314(a)(7)(B)(i))
The commercial test procedure being
considered in this rulemaking, AHRI
Standard 810–2007, references the
previous ASHRAE Standard 29–1988
(RA 2005). However, in 2009, ASHRAE
also updated their test procedure to
include provisions for measuring the
performance of batch type and
continuous type ice makers. The DOE
test procedure also references the
ASHRAE Standard 29–1988 (RA 2005).
DOE has preliminarily determined
that the updated versions are consistent
with the test procedure currently used
in industry, expand coverage to
additional products that are being
proposed in the ongoing standard
rulemaking, including continuous type
and larger capacity ice makers with
capacities up to 4,000 pounds of ice per
day, and would meet the abovereferenced requirements for a test
procedure set forth in EPCA. (42 U.S.C.
6314(a)(7)(B)) As such, DOE proposes to
incorporate by reference AHRI Standard
810–2007 as the DOE test procedure,
with ASHRAE Standard 29–2009 as the
referenced method of test.
DOE is revising the automatic
commercial ice maker test procedure in
part to correspond with changes being
proposed in the concurrent standard
rulemaking process on automatic
commercial ice makers (docket number
EERE–2010–BT–STD–0037). The energy
conservation standards rulemaking that
DOE is proposing under 42 U.S.C.
6313(d)(2) would establish energy
conservation standards for continuous
type ice makers and equipment with
capacities up to 4,000 pounds of ice per
24 hours.
In addition to updating the references
to AHRI 810–2007 and ASHRAE
Standard 29–2009, DOE is proposing
revisions to the DOE test procedure that:
1. Expand the scope of the test
procedure to include equipment with
capacities from 50 to 4,000 pounds of
ice per 24 hours;
2. Provide test methods for
continuous type ice makers;
3. Standardize the measurement of
energy and water use for continuous
type ice makers with respect to ice
quality;
4. Clarify the test method and
reporting requirements for remote
condensing automatic commercial ice
makers designed for connection to
compressor racks;
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5. Specify an optional test method for
modulating capacity ice makers; and
6. Discontinue the use of a clarified
energy use rate calculation and instead
calculate energy use per 100 pounds of
ice as specified in ASHRAE Standard
29–2009.
DOE believes that these amendments
will result in a test procedure that more
accurately reflects the energy and water
use of automatic commercial ice makers
and more fully complies with the
requirements of EPCA. This test
procedure rulemaking also fulfills
DOE’s obligation under EPCA to review
the test procedure for automatic
commercial ice makers every 7 years.
(42 U.S.C. 6314(a)(1)(A))
EPCA requires that 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. 6314(b))
II. Summary of the Proposed Rule
A. Proposed Test Procedure
Amendments
This NOPR proposes to update the
test procedure references to the current
industry-accepted test procedures,
expand the scope to cover all
continuous and batch type equipment
with capacities from 50 to 4,000 pounds
of ice per 24 hours, provide a test
method to normalize energy with
respect to ice quality for continuous
type ice makers, clarify the test method
and reporting requirements for remote
condensing ice makers that are designed
to be used with a remote compressor
rack, provide an optional test method
for modulating capacity ice makers, and
discontinue the use of a clarified energy
use rate calculation. In the absence of
the clarified energy rate equation
published by DOE as part of the
previous DOE test procedure (71 FR
71340, 71350 (Dec. 8, 2006)), DOE will
use the method prescribed in ASHRAE
Standard 29–2009 to calculate energy
use per 100 pounds of ice produced.
This method is discussed in more detail
in section III.A.7 of this document. DOE
anticipates publishing the final rule
amending the ACIM test procedures
prior to issuing the NOPR for the ACIM
energy conservation standard.
B. Association With Energy
Conservation Standards Rulemaking
DOE is proposing these revisions to
the DOE test procedure be consistent
with the scope of coverage of the
concurrent energy conservation
standard rulemaking for automatic
commercial ice makers (docket number
EERE–2010–BT–STD–0037). If the scope
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of coverage changes in later stages of the
automatic commercial ice maker energy
conservation standards rulemaking,
DOE may add provisions, as necessary,
to the test procedure so that it is
consistent with the final scope of
coverage of any new or amended
standards for automatic commercial ice
makers.
EPCA, as amended, requires that any
amended test procedures for automatic
commercial ice makers shall comply
with section 6293(e) of the same title (42
U.S.C. 6314(a)(7)(C)), which in turn
prescribes that if any rulemaking
amends a test procedure, DOE must
determine ‘‘to what extent, if any, the
proposed test procedure would alter the
measured energy efficiency * * * of
any covered product as determined
under the existing test procedure.’’ (42
U.S.C. 6293(e)(1)) Further, if DOE
determines that the amended test
procedure would alter the measured
efficiency of a covered product, DOE
must amend the applicable energy
conservation standard accordingly. (42
U.S.C. 6293(e)(2))
In accordance with 42 U.S.C. 6293(e),
DOE has analyzed the amended test
procedure, as proposed in today’s
NOPR, to determine if it will affect the
measured energy efficiency of a covered
product. When the revised ACIM test
procedure final rule is promulgated, the
energy conservation standards set in
EPACT 2005 for automatic commercial
ice makers that produce cube type ice of
capacities between 50 and 2,500 pounds
of ice per 24 hours will be in effect.
DOE believes that the only proposed
test procedure amendments applicable
to automatic commercial ice makers
covered under EPACT 2005 standards
are those that update the referenced
industry test procedures to their most
current versions, clarify the test method
and reporting requirements for
automatic commercial ice makers
designed to be connected to a remote
compressor rack, and discontinue the
use of a clarified energy use rate
equation. DOE believes that these
amendments would not significantly
affect the measured energy or water use
of equipment for which standards are
currently in place. The updated
industry test procedures, AHRI 810–
2007 and ASHRAE Standard 29–2009,
only expand the test procedure to
continuous type ice makers and ice
makers with capacities up to 4,000
pounds of ice per 24 hours; they do not
affect the test procedure for ice makers
that make cube type ice with capacities
between 50 and 2,500 pounds of ice per
24 hours. See section III.A.1 for more
information. The amendments that
clarify the test method and reporting
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requirements for automatic commercial
ice makers designed to be connected to
a remote compressor rack and
discontinue the use of the clarified
energy use rate equation are primarily
editorial in nature and do not
fundamentally affect the way automatic
commercial ice makers are tested. These
amendments are described in more
detail in sections III.A.5 and III.A.7,
respectively.
The remaining proposed test
procedure amendments are only
applicable to types of automatic
commercial ice makers for which energy
conservation standards do not currently
exist. In the concurrent ACIM energy
conservation standard rulemaking, DOE
is proposing to establish energy
conservation standards for batch type
and continuous type ice makers with
capacities up to 4,000 pounds of ice per
24 hours. This includes new energy
conservation standards for batch type
ice makers that produce cube type ice
with capacities between 2,500 and 4,000
pounds of ice per 24 hours, batch type
ice makers that produce other than cube
type ice with capacities between 50 and
4,000 pounds of ice per 24 hours, and
continuous type ice makers with
capacities between 50 and 4,000 pounds
of ice per 24 hours. However, these
standards will not be promulgated until
after the ACIM test procedure final rule
is issued. Because there currently are no
standards for the aforementioned types
of ice makers, section 6293(e) does not
apply to test procedure amendments
that affect only those equipment types.
Because DOE does not believe the
updated test procedure will alter the
measured energy or water consumption
of automatic commercial ice makers that
are covered by existing DOE energy
conservation standards, DOE proposes
that use of the amendments be required
upon the effective date of any test
procedure final rule, 30 days after
publication in the Federal Register.
DOE requests comment on its
determination that the proposed test
procedure amendments will not affect
the measured energy or water
consumption of automatic commercial
ice makers that are currently covered
under energy conservation standards.
DOE also requests comment on the
proposal that the use of the amended
test procedure be required upon the
effective date of any test procedure final
rule, 30 days after publication in the
Federal Register.
III. Discussion
As part of the current rulemaking on
the energy conservation standard for
commercial refrigeration equipment,
DOE held a public meeting on December
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16, 2011 to present its Framework
Document (https://www.eere.energy.gov/
buildings/appliance_standards/
commercial/pdfs/acim_framework_
2010_11_04.pdf) and to receive
comments from interested parties. DOE
considered the comments received as a
result of the Framework Document
public meeting and incorporated into
this document certain
recommendations, where appropriate.
Responses to these comments appear
throughout the discussion of test
procedure amendments. The test
procedure amendments DOE is
proposing in this rulemaking were
summarized in section II.A and are
discussed in further detail in the
following sections. Responses to
comments that are not specifically
addressed in the discussion of test
procedure revisions appear in section
III.B, which provides responses to
comments in the following subject
areas:
1. Treatment of Tube Type Ice Machines
2. Quantification of Auxiliary Energy
Use
3. Measurement of Storage Bin
Effectiveness
4. Establishment of a Metric for Potable
Water Used in Making Ice
5. Standardization of Water Hardness
for Measurement of Potable Water
Used in Making Ice
6. Testing of Batch Type Ice Makers at
the Highest Purge Setting
A. Summary of the Test Procedure
Revisions
Today’s proposed rule contains the
following proposed changes to the test
procedure in 10 CFR 431, subpart H.
1. Update References to Industry
Standards to Most Current Versions
The current DOE test procedure for
automatic commercial ice makers,
established in the 2006 test procedure
final rule, adopts ARI Standard 810–
2003 as the test procedure used to
measure the energy consumption of a
piece of equipment to establish
compliance with energy conservation
standards set in EPACT 2005. 71 FR
71340, 71350 (Dec. 8, 2006). The DOE
test procedure also references ASHRAE
Standard 29–1988 (RA 2005). AHRI
(previously ARI) Standard 810–2007
and ASHRAE Standard 29–2009 are
designed to be used together to test
automatic commercial ice makers. AHRI
Standard 810–2007 specifies the
standard rating conditions and provides
relevant definitions of equipment,
scope, and calculated or measured
values. ASHRAE Standard 29 specifies
how to conduct the test procedure,
including the technical requirements
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and calculations. Since the publication
of the 2006 test procedure final rule,
AHRI has released an updated version
of the test procedure, AHRI Standard
810–2007. ASHRAE subsequently
updated their test procedure in 2009 to
reflect the same changes. AHRI
Standard 810–2007 and ASHRAE
Standard 29–2009 amend the previous
test procedures by expanding the
capacity range to 4,000 pounds per day
and providing for the testing of
continuous type ice makers. In adopting
the revised AHRI Standard 810–2007
and referencing ASHRAE Standard 29–
2009, DOE is proposing to incorporate
all the test procedure changes
incorporated in the updated versions. At
the ACIM Framework Document public
meeting, AHRI stated its support for this
proposal. (AHRI, No. 0016 at p. 1391)
DOE requests comment on updating
the referenced industry test procedures
to the most current versions.
In addition, DOE proposes to make
additional changes that expand the
capacity range to larger capacity
equipment, up to 4,000 pounds of ice
per 24 hours, and include additional
test methods for continuous type ice
makers. These two changes are
discussed in detail in the following two
sections.
2. Expand Capacity Range to Larger
Capacity Equipment
AHRI Standard 810–2007 establishes
a capacity range of 50 to 4,000 pounds
of ice per 24 hours at standard rating
conditions. The previous standard, ARI
Standard 810–2003, referenced by the
current DOE test procedure, is limited to
a capacity range of 50 to 2,500 pounds
of ice per 24 hours. AHRI expanded the
capacity range due to changes in the
products offered by manufacturers.
Specifically, some manufacturers offer
larger capacity units that exceed the
capacity range of the previous test
procedure. AHRI’s expansion of the
capacity range does not affect the way
ice makers are tested; it only provides
for the same test procedure to be
applied to larger capacity ice makers.
At the ACIM Framework Document
public meeting, some interested parties
commented that 4,000 pounds of ice per
24 hours was a natural ceiling for
commercial equipment. (AHRI, No.
0016 at pp. 65 and 144; Manitowoc Ice,
1 In the following discussion, comments will be
presented along with a notation in the form ‘‘AHRI,
No. 0016 at p. 139,’’ which identifies a written
comment DOE received and included in the docket
of this rulemaking. DOE refers to comments based
on when the comment was submitted in the
rulemaking process. This particular notation refers
to a comment (1) by AHRI, (2) in document number
0016 of the docket (available at regulations.gov),
and (3) appearing on page 139.
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No. 0016 at p. 66; Scotsman, No. 0016
at p. 68) Stakeholders also commented
that there did not appear to be any
issues in applying the test procedure to
larger capacity equipment, except
perhaps for providing enough
conditioned air in the environmental
chamber to test these machines.
(Scotsman, No. 0016 at pp. 69 and 144)
While no manufacturers of equipment
with capacities exceeding 4,000 pounds
of ice per 24 hours attended the public
meeting, Vogt, the primary
manufacturer of equipment with
capacities larger than 4,000 pounds per
24 hours, submitted a written comment
suggesting that DOE expand the
capacity limit to include equipment that
produces up to 10,000 pounds of ice per
24 hours. Vogt further commented that
this leads consumers to believe that
larger capacity machines are not as
efficient, when in fact they are more
efficient, and prevents larger capacity
equipment from participating in rebate
programs or other energy efficiency
programs.2
In analyzing the current ice maker
market, DOE has found that
approximately 99 percent of automatic
commercial ice makers have capacities
between 50 and 4,000 pounds of ice per
24 hours. However, DOE has identified
a few automatic commercial ice makers
with capacities that exceed 4,000
pounds of ice per 24 hours that are
currently offered for sale in the United
States. Further, DOE found that many of
these larger capacity machines are
marketed as commercial products for
use in food sales, schools, and other
commercial spaces and fall within the
EPCA definition of an automatic
commercial ice maker.
(42 U.S.C. 6311(19))
DOE has analyzed the AHRI 810–2007
and ASHRAE Standard 29–2009 test
procedure methods and believes that
there are no technical issues with
applying these methods to larger
capacity equipment, up to 10,000
pounds of ice per 24 hours. In fact, this
is how larger capacity ice makers are
currently tested by manufacturers to
voluntarily determine their energy
performance. DOE understands that
larger capacity ice makers require a
larger environmental chamber to
accommodate their increased physical
size and the additional conditioned air
required to maintain the test room at
ambient conditions. In addition, there
may be other issues related to marketing
or burden when testing ice makers with
2 Framework comments submitted by Vogt Ice to
Detlef Westphalen, Navigant Consulting Inc,
February 10, 2011.
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capacities between 4,000 and 10,000
pounds of ice per 24 hours.
In weighing the various factors for
and against establishing a test procedure
covering ice makers with capacities
between 4,000 and 10,000 pounds per
24 hours, DOE has determined that such
test procedures would not be warranted
at this time. Primarily, DOE does not
believe that the increased burden
association with this significant
expansion in scope is justified due to
the small market share of equipment
with capacities greater than 4,000
pounds per 24 hours. Therefore, DOE
proposes to expand the capacity range
of the DOE test procedure to only
include larger capacity automatic
commercial ice makers with harvest
rates between 50 and 4,000 pounds of
ice per 24 hours.
DOE requests comment on expanding
the capacity range from 50 to 2,500
pounds of ice per 24 hours to 50 to
4,000 pounds of ice per 24 hours.
3. Include Test Methods for Continuous
Type Ice Makers
During the public comment period for
the 2006 test procedure proposed rule,
which adopted test procedures for the
EPACT 2005 ACIM standards, interested
parties requested that additional
product classes be considered.
Specifically, Howe Corporation
requested that DOE test procedures and
requirements be amended and expanded
to apply a revised ARI Standard 810 to
all automatic ice makers, regardless of
ice-cube type. (docket number EE–RM/
TP–05–500, Howe, No. 6 at pp. 3–4) 3 At
that time, DOE stated that the test
procedure for automatic commercial ice
makers was adopted for two reasons:
(1) To adopt methods for testing
equipment for which EPACT 2005 set
energy conservation standards and (2) to
comply with the requirement that the
test procedure for such ice makers be
ARI Standard 810–2003, which only
applies to the equipment that produces
cube type ice. DOE added that
expanding the energy conservation
standard for automatic commercial ice
makers to include equipment that
produces ice other than cube type ice
was outside the scope of that
rulemaking proceeding. However, DOE
noted that it is authorized to adopt
standards for such other commercial ice
makers (42 U.S.C. 6313(d)(2)), and that
if and when DOE sought to adopt such
standards, it intended to consider
continuous type ice makers that
3 This notation refers to a comment that was
submitted by Howe Corporation and is recorded in
docket number EE–RM/TP–05–500 as comment
number 6, and (2) a passage that appears on pages
3 and 4 of that document.
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produce flake type ice. 71 FR 71340,
71351 (Dec. 8, 2006).
AHRI Standard 810–2007 and
ASHRAE Standard 29–2009 have been
amended to allow for the testing of
continuous type ice makers. The revised
AHRI Standard 810–2007 and ASHRAE
Standard 29–2009 adopt definitions for
a ‘‘batch type ice maker’’ (also referred
to as a cube type ice maker) and a
‘‘continuous type ice maker.’’ A batch
type ice maker is defined as an ice
maker that has alternate freezing and
harvesting periods. The standard further
clarifies that in this definition the word
‘‘cube’’ does not refer to the specific
shape or size of ice produced. A
continuous type ice maker is defined as
an ice maker that continually freezes
and harvests ice at the same time.
Continuous type ice makers primarily
produce flake and nugget ice.
In addition, AHRI Standard 810–2007
and ASHRAE Standard 29–2009 provide
explicit test methods for both batch and
continuous type ice makers. The
previous ARI Standard 810–2003 and
ASHRAE Standard 29–1988(RA 2005),
as referenced in the current DOE test
procedure, do not include a method for
testing continuous type ice makers. DOE
intends to adopt AHRI Standard 810–
2007 as the referenced DOE test
procedure, including referencing
ASHRAE Standard 29–2009 as the
method of test. This would expand the
current DOE test procedure to provide a
method for testing continuous type ice
makers, in addition to batch type ice
makers. The test procedure provisions
for testing continuous type ice makers
would be used in conjunction with
standards for automatic commercial ice
makers that produce flake or nugget ice.
These standards are being developed in
the ongoing ACIM energy conservation
standard rulemaking.
DOE requests comment on providing
test methods for continuous type ice
makers.
4. Standardize Ice Quality for
Continuous Type Ice Makers
Continuous type ice makers typically
produce ice that is not completely
frozen. This means that there is some
liquid water content in the total mass of
ice product produced by continuous
type ice makers. The specific liquid
water content can be quantified in terms
of ice hardness or ice quality and is
usually represented in terms of percent
of completely frozen ice present in the
total ice product. Ice quality can vary
significantly across different machines.
DOE understands that the percentage of
liquid water in the product of
continuous ice makers is directly related
to the measured energy consumption of
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The measured energy consumption
per 100 pounds of ice and the measured
condenser water consumption, as
determined using ASHRAE Standard
29–2009, will be multiplied by the
adjustment factor to yield the scaled
energy and condenser water
consumption values, respectively. These
values will be reported to DOE to show
compliance with the energy
conservation standard. The measured
value of potable water used in making
ice will not be multiplied by the
calorimeter constant because all of the
potable water is still used to produce
usable product for continuous type ice
makers.
In response to Scotsman’s comment
(Scotsman, No. 0016 at p. 160) regarding
the utility of automatic commercial ice
makers that produce low quality ice,
this test method will not affect the
availability of automatic commercial ice
makers that produce lower quality ice;
it will simply provide a method by
which automatic commercial ice maker
energy consumption and condenser
water use results can be compared to a
baseline ice quality.
DOE requests comment on the
proposed method to normalize energy
and condenser water consumption to
32 °F water with no water content for
continuous type ice makers.
5. Clarify the Test Method and
Reporting Requirements for Remote
Condensing Automatic Commercial Ice
Makers
EPCA establishes energy conservation
standards for two types of remote
condensing automatic commercial ice
makers: (1) Remote condensing (but not
remote compressor) and (2) remote
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also some utility in low quality ice.
(Scotsman, No. 0016 at p. 160)
DOE proposes to standardize the ice
quality of continuous type ice makers
using the ‘‘Procedure for Determining
Ice Quality’’ in section A.3 of normative
annex A in ASHRAE Standard 29–2009.
In this procedure, a calorimeter constant
is calculated, which is essentially a ratio
of the heat content of a given mass of
32 °F ice with no liquid water content
(100 percent ice quality) divided by the
heat content of the same mass of 32 °F
ice and water mixture (less than 100
percent quality) produced by a
continuous type ice maker. This is the
inverse of the ice hardness factor, as
defined in AHRI 810–2007, presented as
a decimal. The calorimeter constant will
be 1.0 for 100 percent ice quality
product and greater than 1.0 for ice with
some liquid water content. The
calorimeter constant will be used to
determine an adjustment factor based on
the energy required to cool ice from
70 °F to 32 °F and produce a given
amount of ice, as shown below:
condensing and remote compressor.
(42 U.S.C. 6313(d)(1)) Remote
condensing (but not remote compressor)
ice makers must be sold and operated
with a dedicated remote condenser that
is in a separate section from the icemaking mechanism and compressor.
Remote condensing and remote
compressor automatic commercial ice
makers may be operated with a
dedicated remote condensing unit or
connected to a remote compressor rack.
Both of these remote refrigeration
systems contain compressors and
condensers that are in a separate section
from the ice-making mechanism that
they serve.
In assessing the current DOE and
industry test procedures, DOE has
noticed an inconsistency in the way the
energy use of remote condensing and
remote compressor ice makers that are
designed to be connected to a remote
compressor rack is reported. Remote
condensing and remote compressor ice
makers sold with a dedicated remote
condensing unit report energy
consumption of the total ice maker;
including the energy consumption of
the ice-making mechanism, the
compressor, and the remote condenser
or condensing unit. Ice makers that are
meant to be used with a remote
compressor rack report only the energy
use of the ice-making mechanism and
do not include any energy use
associated with the compressors and
condensers on the remote compressor
rack. The compressor and condenser
energy consumption are excluded
because ice maker manufacturers do not
have control of the energy efficiency of
the remote compressor rack. In addition,
the same remote compressor rack
typically serves multiple equipment
types in addition to automatic
commercial ice makers, such as
commercial refrigeration equipment and
walk-in coolers and freezers.
At the Framework Document public
meeting, DOE proposed three potential
options to address this issue:
1. A calculation method that applies
a default factor to the ice-making
mechanism energy consumption that is
representative of remote compressor
rack energy use;
2. A measurement method that
measures the energy use of a remote
condensing and remote compressor ice
maker with a designated remote
condensing unit and reports the energy
use of both the ice-making mechanism
and the remote condensing unit; or
3. A measurement method that
measures the energy use of a remote
condensing and remote compressor ice
maker with a designated remote
condensing unit, but continues to report
only the energy use associated with the
ice-making mechanism.
In response to these options,
Manitowoc Ice stated that while remote
condensing automatic commercial ice
makers could technically be tested using
a default value for compressor efficiency
if the refrigerant is measured, this
would require a new test procedure and
may not be justified given the market
share of this equipment. (Manitowoc
Ice, No. 0016 at pp. 149 and 153)
Scotsman and AHRI reiterated that the
market share of this equipment was
small and was not expected to grow
significantly. (Scotsman, No. 0016 at
pp. 151–152; AHRI, No. 0016 at p. 150)
Manitowoc Ice also commented that icemaking heads designed to be connected
to remote condensing rack systems are
essentially the same as those that are
sold with a dedicated remote
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these machines. To provide
comparability and repeatability of
results, DOE proposes to standardize the
energy consumption of continuous ice
makers to a total mass of ice that is 32
degrees Fahrenheit (°F) with no liquid
water content. At the December 16, 2010
Framework Document public meeting,
Scotsman agreed that there may be some
reason to standardize ice quality to
32 °F with no liquid water content.
Scotsman further stated that there is
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condensing unit. (Manitowoc Ice,
No. 0016 at p. 154)
DOE understands that the market
share of this equipment is small.
However, remote condensing ice makers
that are designed to be sold for use with
a remote rack system are covered
equipment pursuant to the EPCA
definition of an automatic commercial
ice maker. (42 U.S.C. 6311(19)) In
addition, as Manitowoc Ice mentioned,
remote condensing ice makers designed
to be connected to remote condensing
rack systems are essentially the same as
those that are sold with a dedicated
remote condensing unit. Therefore, DOE
believes testing remote condensing ice
makers that are designed to be used
with a remote condensing rack could be
accomplished, without significant
additional burden, by testing these units
with a sufficiently sized dedicated
remote condensing unit.
Option 1 above would require testing
of remote condensing ice makers that
are designed to be used with a remote
compressor rack using a calculation
methodology that would be more
representative of the energy
consumption of the remote compressor
rack. This calculation method would
apply a default factor to the ice-making
mechanism which would be determined
through measurement of the amount of
cooling supplied to make ice.
Information about the amount of cooling
supplied by the refrigerant is not
currently captured in the DOE test
procedure. DOE believes that this
additional testing would result in a
significant additional burden on
manufacturers that would not be
warranted given the small market share
of this equipment. In addition, the
remote compressor rack is not covered
as part of the automatic commercial ice
maker and, thus, its energy
consumption is not required to be
captured by the DOE test procedure.
EPCA requires that test procedures
‘‘shall be reasonably designed to
produce test results which reflect energy
efficiency, energy use, and estimated
operating costs of a type of industrial
equipment (or class thereof) during a
representative average use cycle (as
determined by the Secretary), and shall
not be unduly burdensome to conduct.’’
(42 U.S.C. 6314(2)) DOE believes that
testing all remote condensing and
remote compressor automatic
commercial ice makers that are designed
to be connected to a remote compressor
rack with a dedicated remote
condensing unit will represent the
energy consumption of this equipment
without introducing undue burden. In
addition, this method provides a
straightforward and consistent way to
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compare the performance of remote
condensing and remote compressor ice
makers, both those sold with dedicated
remote condensing units and those
designed to be used with remote
compressor rack systems. Therefore,
DOE proposes that all remote
condensing and remote compressor ice
makers be tested with a dedicated
remote condensing unit and report the
energy use of the ice-making
mechanism, the compressor, and the
condenser.
DOE requests comment on the
proposal to require testing of all remote
condensing ice makers with a dedicated
remote condensing unit and reporting of
ice-making mechanism, compressor,
and condenser energy use.
6. Provide a Test Method for Modulating
Capacity Automatic Commercial Ice
Makers
An ice maker could be designed for
multiple capacity levels, either using a
single compressor capable of multiple or
variable capacities, or using multiple
compressors. This would be attractive
since ice makers operate at full capacity
for only a small portion of the time, if
at all. Such a system could produce ice
more efficiently at a lower capacity level
because there would be more surface
area available relative to the mass flow
of refrigerant. There is no evidence that
any such system has been sold or tested
anywhere in the world. However, the
basic concept is illustrated by the
current use of different capacity models
using the same heat exchangers with
different capacity compressors. For such
product pairs, the lower capacity
machine is generally more efficient.
At the Framework Document public
meeting, the American Council for an
Energy-Efficient Economy (ACEEE),
represented by Adjuvant Consulting,
stated that two-stage or modulating
compressors should not be eliminated
from the group of design options.
(Adjuvant Consulting, No. 0016 at
pp. 78–79)
While multiple or variable capacity
systems (i.e., a modulating system)
could become a design feature in the
future, DOE recognizes that there are
currently no commercialized products
or prototypes available. However, DOE
believes that a test procedure can be
developed that allows measurement of
the efficiency benefits of variable
capacity technologies. Multiple capacity
systems can be rated under the current
test procedure at their maximum
capacity rating. This will continue to be
an option for showing compliance with
DOE energy conservation standards.
Also, an optional test procedure to
capture the energy and water efficiency
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benefits of modulating capacity systems
could be developed to allow systems
that use a variable or multiple capacity
system to claim those savings.
Incorporating a test method for
modulating capacity systems into the
test procedure could provide an
opportunity for and incentivize future
development of such systems that could
use this technology to obtain a higher
efficiency rating. This is valuable for
manufacturers that may wish to qualify
units for voluntary efficiency programs,
such as the Consortium for Energy
Efficiency (CEE) or ENERGY STAR.®
To capture the energy and water use
of variable or multiple capacity systems,
a test procedure would need to measure
energy use in kilowatt-hours per 100
pounds of ice and water use in gallons
per 100 pounds of ice of at least two
production rates and calculate weighted
average energy use and water use
values. DOE proposes that, for
modulating capacity systems, testing
can be done at the maximum and
minimum capacity settings. These
values would then be averaged to
determine the energy consumption and
condenser water consumption of the ice
maker. While equal weighting is
perhaps not representative of actual
utilization factors in the field, DOE
would need additional data to develop
a better informed estimate.
In addition, DOE proposes that this
test procedure for multiple or
modulating capacity systems be
optional. Only testing at the maximum
capacity setting would be required for
modulating capacity systems. However,
if a manufacturer wished to show
increased energy savings due to the
installation of variable capacity
technologies, this test procedure also
may be used to show compliance with
the energy conservation standard.
DOE requests comment on the
proposal to allow for optional test
procedure for modulating capacity
automatic commercial ice makers.
Specifically, DOE requests comment on
the weighting of the energy
consumption at the minimum and
maximum capacity settings.
7. Discontinue Use of a Clarified Energy
Rate Calculation
The current DOE test procedure
references ARI Standard 810–2003, with
an amended calculation for determining
the energy consumption rate for the
purposes of compliance with DOE’s
energy conservation standards. ARI
Standard 810–2003 references ASHRAE
Standard 29–1988 (RA2005) as the
method of test for this equipment,
including the equations for calculating
the energy consumption rate per 100
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18435
pounds of ice produced. In the 2006 test
procedure proposed rule, DOE found
the language in ASHRAE Standard 29–
1988 (RA 2005) unclear and proposed
that the energy consumption rate be
normalized to 100 pounds of ice instead
and be determined as follows. 71 FR
71340, 71350 (Dec. 8, 2006).
At the September 2006 public meeting
for the 2006 test procedure proposed
rule, ARI commented in support of
DOE’s proposal to adopt ARI Standard
810–2003 as the test procedure for
automatic commercial ice makers with
the revised energy use rate equation.
However, ARI further stated that the
ARI and ASHRAE standards have been
used without the clarification. 71 FR at
71351 (Dec. 8, 2006).
The equation contained in ASHRAE
Standard 29–1988 (RA 2005), as
adopted, directs that the energy
consumption shall be calculated as the
weight of ice produced during three
specified time periods divided by the
power consumed during those same
three time periods. The specified time
periods are defined as three complete
cycles for batch type ice makers and
three 14.4-minute periods for
continuous type ice makers. The
verbatim equation from ASHRAE
Standard 29–1988 (RA 2005) is as
follows:
In the above equation, kWh/100 lb ice
refers to the desired energy
consumption rate normalized per 100
pounds of ice produced; 8.4a refers to
the section of the standard that
describes the data to be recorded for the
calculation of energy consumption, in
this case the energy input in kilowatthours for the same periods prescribed
for measurement of capacity; and 8.2a
refers to the data to be recorded for the
capacity test, specifically weight in
pounds of ice produced for three
prescribed periods of collection. This
equation did not change in the update
of ASHRAE Standard 29–1988 (RA
2005) to the most recent ASHRAE
Standard 29–2009.
DOE concludes that the existing
equation in ASHRAE Standard 29–2009
is interpreted differently than specified
by the amended DOE equation for
calculation of energy consumption rate.
ASHRAE Standard 29–2009 directs that
the energy consumption rate be
calculated for each of the three periods
specified in the test method as the
power consumption for that period
divided by the mass of ice collected in
that period, as shown below.
procedures and concluded that the
procedure is clear and no ambiguity
exists. The ASHRAE Standard 29–2009
test procedure clearly states that the
mass of ice collected will be recorded
for each of the three complete periods
specified. ASHRAE Standard 29–2009
also states that the power consumption
will be recorded for the same three
periods. DOE believes that this
statement is clear and does not provide
opportunity for misinterpretation.
Additionally, DOE acknowledges that
this method may show more
consistency in the average energy use
rate calculation and, further, is the
method typically used in industry
today. DOE proposes to remove the
clarification for the calculation of
energy consumption rate in this
rulemaking.
DOE requests comment on its
proposal to incorporate AHRI Standard
810–2007, with reference to ASHRAE
Standard 29–2009 as the method of test,
without specification or clarification of
the calculation for energy consumption
rate.
For i = 1 to 3:
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B. Response to Additional Comments
Raised by Interested Parties at the
Framework Document Public Meeting
The following sections contain
responses to comments received at the
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EP04AP11.003
EP04AP11.002
The previous concern with ambiguity
around the energy consumption rate
equation was based on the possibility
that manufacturers might discard some
ice captured during the periods
specified in the capacity test and then
divide the total energy use, for all three
periods, by a lesser volume of ice,
thereby overstating the energy
consumption of the equipment. 71 FR
42178, 42184 (July 25, 2006). Although
the text in ASHRAE Standard
29–2009 did not change between the
1988 and 2009 versions, DOE has
reexamined the energy consumption
rate calculations contained in the
ASHRAE Standard 29–2009 test
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This result is then averaged and
multiplied by 100 to obtain an average
energy consumption rate:
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December 16, 2011 Framework
Document public meeting that were not
specifically addressed in the discussion
of test procedure revisions, including:
1. Treatment of Tube Type Ice Machines
2. Quantification of Auxiliary Energy
Use
3. Measurement of Storage Bin
Effectiveness
4. Establishment of a Metric for Potable
Water Used in Making Ice
5. Standardization of Water Hardness
for Measurement of Potable Water
Used in Making Ice
6. Testing of Batch Type Ice Makers at
the Highest Purge Setting
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1. Treatment of Tube Type Ice Machines
At the Framework Document public
meeting, the categorization of tube type
ice machines was discussed. Scotsman
commented that tube ice could be
treated as a batch process in the same
equipment class as cube ice. (Scotsman,
No. 0016 at p. 43) Manitowoc Ice
agreed, but cautioned against lumping
them all together because of the
different consumer applications and
utilities, such as the larger footprint of
tube type ice machines. (Manitowoc Ice,
No. 0016 at pp. 49–50 and 53–54)
Manitowoc further commented that tube
ice can be tested under the currently
available industry test procedures, but
should be treated as a separate
equipment class. (Manitowoc Ice, No.
0016 at p. 50)
Tube type automatic commercial ice
makers produce cube, flake, or nugget
ice. In making cube ice, they use a batch
process, as do conventional cube ice
machines. Because tube ice has lower
clarity than cube ice from conventional
machines, tube ice may have a different
market. There are no tube ice machines
of less than 2,000 pounds of ice per 24
hours on the market. Manufacturers are
currently using the existing test
procedure for tube ice machines.
DOE agrees with the comments from
Scotsman and Manitowoc Ice regarding
categorization of tube type ice
machines, and finds that tube type
machines can be tested under the
currently available test procedures.
Therefore, DOE proposes to clarify in
the DOE test procedure that tube and
other batch technologies can be tested
by the current industry test procedures
using the cube type test method.
2. Quantification of Auxiliary Energy
Use
In assessing the operation and energy
consumption of automatic commercial
ice makers, DOE determined that there
are potential phases of operation during
the non-ice making periods that
currently are not accounted for in the
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test procedure. Although DOE is not
required to quantify auxiliary energy
use, DOE is not prevented from
including them in the test procedures
and energy conservations standards for
automatic commercial ice makers, if
warranted. DOE examined the
significance of these auxiliary energy
loads for automatic commercial ice
makers to determine if incorporation
into the test procedure and energy
conservation standard was justified.
At the Framework Document public
meeting, Manitowoc Ice mentioned that
standby energy use due to sensors could
represent an electrical load as high as 10
watts in some units. (Manitowoc Ice,
No. 0016 at p. 143) Manitowoc Ice
further stated that although such
standby electrical energy consumption
exists in some cases, the overall energy
consumption was negligible and does
not warrant consideration in the test
procedure or standard rulemakings.
(Manitowoc Ice, No. 0016 at pp. 140–
141)
DOE performed a preliminary
assessment to corroborate the
estimations of interested parties and
found that energy use due to electrical
sensors during non-ice-making periods
contributed 1 percent or less to the total
energy consumption of the ice maker. If
DOE chose to quantify this load, a
measurement of electrical consumption
during non-ice-making times could be
incorporated into the test procedure.
Given the small magnitude of this
energy use, DOE believes quantification
of auxiliary energy use during non-icemaking periods is not justified. Note
that the provision within EISA that
standby mode energy usage must be
quantified (42 U.S.C. 6295(gg)(2)(A))
only appears in the section that pertains
to consumer products, and therefore
does not apply to commercial
equipment.
DOE requests comment on its
determination that an additional test
procedure to quantify auxiliary energy
use during non-ice-making periods is
not justified.
3. Measurement of Storage Bin
Effectiveness
Energy use that occurs to replace ice
that has melted in the ice storage bin
prior to dispensing or use is currently
quantified in the Canadian and
Australian standards and test
procedures for automatic commercial
ice makers. In addition, Natural
Resources Canada (NRCan) has
incorporated storage bin effectiveness
into its energy efficiency standard as a
separate metric that applies only to selfcontained automatic commercial ice
makers. The NRCan standard for storage
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bin effectiveness ranges from 60 to 80
percent, depending on capacity of the
ice storage bin.4 If this range is
representative of ice storage bin
effectiveness, meltage could represent
approximately 10 percent additional ice
production, and thus 10 percent
additional energy use, per 24 hours.
Storage bin effectiveness will similarly
impact condenser water use.
At the Framework Document public
meeting, many manufacturers stated
that energy use associated with ice
storage was outside the scope of this
rulemaking and the ice storage
compartments were not refrigerated on
any ice makers. (AHRI, No. 0016 at p.
84; Scotsman, No. 0016 at p. 84;
Manitowoc Ice, No. 0016 at pp. 84–85)
Manufacturers also commented that
including ice storage bin effectiveness
for only some ice makers would not be
fair or provide an accurate comparison.
(Manitowoc Ice, No. 0016 at p. 86)
A common metric used to quantify ice
meltage in the ice storage bin is storage
bin effectiveness. Storage bin
effectiveness is defined as a theoretical
expression of the fraction of ice that
under specific rating conditions would
be expected to remain in the ice storage
bin 24 hours after it is produced, with
units of percent. AHRI has a standard,
AHRI 820–2000, that describes a test
method for quantifying the effectiveness
of ice storage bins. This method, or a
similar method, is also used in the
Canadian and Australian test
procedures for automatic commercial
ice makers to quantify ice storage bin
effectiveness.
While quantifying the additional
energy use associated with ice storage
losses could contribute to additional
energy savings, doing so would result in
an inconsistency between the standards
for self-contained and remote
condensing ice makers or ice-making
heads, and thus an increased burden for
manufacturers of self-contained units.
DOE believes that the additional burden
associated with testing storage bin
effectiveness is not warranted at this
time. As such, DOE will not include a
quantification of meltage in the storage
bin in this rulemaking.
DOE requests comments or data
related to the impact of storage bin
effectiveness on the energy and water
consumption of automatic commercial
ice makers. Specifically, DOE requests
comment on the appropriate test
method and metric for storage bin
effectiveness and the burden associated
with adopting such a test method.
4 CSA C742–08. Energy Performance of automatic
icemaker and storage bins. Canadian Standards
Association, Mississauga, Ontario, Canada.
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4. Establishment of a Metric for Potable
Water Used to Produce Ice
The current DOE energy conservation
standard for automatic commercial ice
makers established metrics of energy
use per 100 pounds of ice for all
equipment classes, and condenser water
use per 100 pounds of ice produced for
water-cooled models only. The current
DOE test procedure references ARI
Standard 810–2003 as the test procedure
to calculate condenser water use. The
updated AHRI Standard 810–2007
contains the same calculation for
condenser water use.
However, automatic commercial ice
makers consume potable water to
produce ice as well. AHRI Standard
810–2007 defines ‘‘potable water use
rate’’ as the amount of potable water
used in making ice, including ‘‘dump’’
water. AHRI Standard 810–2007 defines
‘‘dump water’’ as the water drainage
from an ice maker to control the clarity
of ice or to prevent scaling. In this
document, potable water used to
produce ice will refer to the water that
leaves the machine in the form of ice as
well as any dump water or other excess
that is expelled from the machine
during the ice-making process.
While there is generally a positive
relationship between energy use and
potable water use, there may be a point
at which the relationship between
potable water use and energy
consumption reverses. At the ACIM
Framework Document public meeting,
Manitowoc Ice and Scotsman both
indicated that, from a technology
standpoint, reducing potable water use
generally improves energy efficiency,
but if potable water use is reduced
beyond a certain threshold, efficiency
could decrease due to scaling.
(Manitowoc Ice, No. 0016 at pp. 94–95;
Scotsman, No. 0016 at p. 94) Larger
amounts of dump water can benefit ice
quality but increase overall potable
water consumption.
Including potable water used to
produce ice in the overall water metric
could produce significant water savings
and additional energy savings. At the
ACIM Framework Document public
meeting, the Appliance Standards
Awareness Project (ASAP) indicated
support for a potable water use metric,
noting that they have seen significant
improvements in the industry in
lowering water consumption, but that
there is still room for additional
innovation. (ASAP, No. 0016 at pp.
15–16 and p. 93) The current U.S.
Environmental Protection Agency
ENERGY STAR standard for automatic
ice makers limits water use in air-cooled
machines to less than 25 gallons per 100
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pounds of ice for remote condensing
automatic commercial ice makers and
35 gallons per 100 pounds of ice for selfcontained equipment.5
Both the previously referenced ARI
Standard 810–2003 and the updated
AHRI Standard 810–2007 provide a test
method to measure the amount of water
used in making ice in units of gallons
per 100 pounds of ice.
At the Framework Document public
meeting, DOE suggested the possibility
of defining a new metric of ‘‘total water
use’’ in gallons per 100 pounds of ice.
Total water use was proposed to be
calculated as the sum of the condenser
water use and the potable water used to
produce ice. Manitowoc Ice and
Scotsman commented that potable water
use and condenser water use should be
kept as separate metrics because of their
different uses and magnitudes.
(Manitowoc Ice, No. 0016 at p. 97;
Scotsman, No. 0016 at p. 145)
Following the ACIM Framework
document public meeting, DOE
examined the statutory authority
provided in EPCA for the establishment
of test procedures and energy and water
conservation standards for automatic
commercial ice makers and determined
that DOE does not have a direct
mandate from Congress to regulate
potable water use under 42 U.S.C. 6313.
Specifically, EPCA prescribes standards
for condenser water use in cube type ice
makers and explicitly states that
condenser water use should not include
potable water used to make ice. As such,
DOE proposes not to regulate potable
water used in making ice in this
rulemaking.
DOE requests comment on its
decision not to measure or regulate
potable water used in making ice.
5. Standardization of Water Hardness
for Measurement of Potable Water Used
in Making Ice
Differences in water hardness can
cause ice machines to use more or less
energy and water. Harder water has a
greater concentration of total dissolved
solids and chemical ions, which affects
the thermal properties of the water.
Harder water depresses the freezing
temperature of water and results in
increased energy use to produce the
same quantity of ice. In addition, harder
water requires a higher purge setting to
prevent scaling and a decrease in ice
clarity.
At the Framework Document public
meeting, ACEEE stated that it may be
5 U.S. Environmental Protection Agency.
Commercial Ice Machines Key Product Criteria.
2008. (Last accessed March 5, 2011.) https://
www.energystar.gov/index.cfm?c=comm_ice_
machines.pr_crit_comm_ice_machines.
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18437
necessary to standardize water hardness
in the test procedure due to the effects
of water hardness on water and energy
consumption. (Adjuvant Consulting, No.
0016 at pp. 96 and 102) However,
Scotsman commented that water
hardness will not dramatically affect
energy consumption or performance on
a short-term test and did not need to be
standardized. (Scotsman, No. 0016 at p.
160)
While DOE recognizes that differences
in water hardness can affect the energy
and water consumption of an automatic
commercial ice maker, DOE believes
that there is still uncertainty in the
causal relationship between total
dissolved solids, ion concentration, and
ice maker performance. Specifically, it
is not clear whether total dissolved
solids or ion concentration is more
significant in impacting energy
performance and reliability of an ice
maker. As such, an appropriate
standardized water hardness for use in
a test procedure cannot be accurately
specified, and even if it could, applying
such a test procedure would increase
the testing burden for manufacturers.
Doing so would require: Additional data
or information regarding (1) The
relationship between total dissolved
solids, ion concentration, and energy
and water use; (2) the magnitude of
these effects; and (3) specific testing
methodologies that would produce
repeatable results. Given the uncertainty
in the relationship between water
hardness and water and energy
consumption, DOE is unable to
conclude that this metric is either
technically feasible or economically
justified. In addition, water hardness
would primarily impact potable water
used in making ice, which DOE is not
regulating in this rulemaking. As a
result, DOE proposes not to standardize
water hardness in the test procedure at
this time, but requests additional data
that would support evaluation of the
need for a standardized water hardness
test.
6. Test Batch Type Ice Makers at the
Highest Purge Setting
Currently, automatic commercial ice
makers are required to meet specific
maximum allowable condenser water
use levels, depending on equipment
type, cooling type (water or air), and
harvest rate (pounds of ice per 24-hour
period). The water usage of automatic
commercial ice makers varies by
application, equipment type, and size.
At the Framework Document public
meeting, ASAP cautioned that installers
may install cube type ice makers with
a purge setting in the highest water use
position, which may result in
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules
substantially higher water consumption
in the field compared to the
manufacturer tested water consumption.
(ASAP, No. 0016 at p. 16)
Although both AHRI 810–2007 and
ASHRAE Standard 29–2009 require that
the ice makers be set up pursuant to a
manufacturer’s instruction, DOE
acknowledges that this may not capture
the maximum potable water
consumption of the unit or, perhaps, the
most common water consumption
setting of the unit, as indicated by
ASAP. However, DOE has neither the
data to validate nor the authority to
regulate how ice makers are typically
installed in the field.
While testing units with their purge
controls in the maximum water use
position will allow the test procedure to
capture the maximum potable water use
and energy use of automatic commercial
ice makers and, thus, prevent ice makers
from being sold that have purge settings
that would exceed the maximum water
use standard, the level of purge water
primarily impacts potable water used in
making ice. As DOE is proposing not to
regulate potable water used in making
ice in this rulemaking, DOE does not
believe it is justified to require testing
of automatic commercial ice makers at
the highest purge setting. Instead, DOE
proposes to continue to require testing
of automatic commercial ice makers in
accordance with AHRI 810–2007 and
ASHRAE Standard 29–2009. DOE will
continue to investigate the magnitude
and effects of this issue by gathering
data related to national water hardness,
the difference between manufacturer
specified and maximum purge settings,
and the way ice makers are typically
installed in the field.
DOE requests comment on testing
units at the highest water consumption
purge setting. Specifically, DOE requests
comment on the difference in energy
and water consumption when tested at
the maximum purge setting versus as
specified by the manufacturer.
IV. Regulatory Review
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A. Review Under Executive Order 12866
The Office of Management and Budget
(OMB) has determined that test
procedure rulemakings do not constitute
‘‘significant regulatory actions’’ under
section 3(f) of Executive Order 12866,
‘‘Regulatory Planning and Review,’’ 58
FR 51735 (Oct. 4, 1993). Accordingly,
this proposed action was not subject to
review under the Executive Order by the
Office of Information and Regulatory
Affairs (OIRA) in the OMB.
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18:37 Apr 01, 2011
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3. Standardize the measurement of
energy and water use for continuous
type ice makers with respect to ice
The Regulatory Flexibility Act
quality;
(5 U.S.C. 601 et seq.) requires
4. Specify the test method for remote
preparation of an initial regulatory
condensing automatic commercial ice
flexibility analysis (IRFA) for any rule
makers;
proposed for public comment, unless
5. Specify an optional test method for
the agency certifies that the rule, if
modulating capacity ice makers; and
promulgated, will not have a significant
6. Discontinue the use of a clarified
economic impact on a substantial
energy use rate calculation and instead
number of small entities. As required by calculate energy use per 100 pounds of
Executive Order 13272, ‘‘Proper
ice of ice as specified in ASHRAE
Consideration of Small Entities in
Standard 29.
Agency Rulemaking,’’ 67 FR 53461 (Aug.
Changes to the existing rule as
16, 2002), DOE published procedures
described above have potential impacts
on manufacturers who will be required
and policies on February 19, 2003, so
that the potential impacts of its rules on to revise their current testing procedures
for compliance. DOE has analyzed these
small entities are properly considered
impacts on small businesses and
during the rulemaking process. 68 FR
7990. DOE has made its procedures and presents its findings below.
DOE examined the potential impacts
policies available on the Office of the
of the additional testing procedures
General Counsel’s Web site: https://
proposed in this rulemaking under the
www.gc.doe.gov.
provisions of the Regulatory Flexibility
For manufacturers of automatic
Act and the procedures and policies
commercial icemakers, the Small
Business Administration (SBA) has set a published on February 19, 2003. In
using these procedures, DOE conducted
size threshold, which defines those
a more focused inquiry into small
entities classified as ‘‘small businesses’’
business manufacturers of products
for the purposes of the statute. DOE
used the SBA’s size standards published covered by this rulemaking. During its
market survey, DOE used all available
on January 31, 1996, as amended, to
public information to identify potential
determine whether any small entities
small manufacturers. DOE’s research
would be required to comply with the
involved the review of industry trade
rule. 61 FR 3280, 3286, as amended at
association membership directories
67 FR 3041, 3045 (Jan. 23, 2002) and at
(including the Association of Home
69 FR 29192, 29203 (May 21, 2004); see
also 65 FR 30836, 30850 (May 15, 2000), Appliance Manufacturers), product
databases (e.g., Federal Trade
as amended at 65 FR 53533, 53545
Commission, the Thomas Register,
(Sept. 5, 2000). The size standards are
California Energy Commission (CEC),
codified at 13 CFR part 121. The
and ENERGY STAR databases),
standards are listed by North American
individual company Web sites, and
Industry Classification System (NAICS)
marketing research tools (e.g., Dunn and
code and industry description and are
Bradstreet reports) to create a list of
available at https://www.sba.gov/idc/
companies that manufacture or sell
groups/public/documents/
automatic commercial ice makers
sba_homepage/serv_sstd_tablepdf.pdf.
covered by this rulemaking. DOE
Automatic commercial ice maker
reviewed this data to determine whether
manufacturers are classified under
the entities met the SBA’s definition of
NAICS 333415, ‘‘Air-Conditioning and
a small business manufacturer of
Warm Air Heating Equipment and
Commercial and Industrial Refrigeration automatic commercial icemakers and
screened out companies that do not
Equipment Manufacturing.’’ The SBA
sets a threshold of 750 employees or less offer products covered by this
for an entity to be considered as a small rulemaking, do not meet the definition
of a ‘‘small business,’’ or are foreign
business for this category.
owned and operated.
In this NOPR, DOE proposes to
DOE initially identified 24 distinct
update the industry test procedures
brands of automatic commercial ice
referenced in the current DOE test
makers available in the U.S. sold by a
procedure for automatic commercial ice variety of distributors, wholesalers, and
makers. DOE is also proposing
retail establishments. Of these 24
amendments to:
companies, 10 were determined to be
1. Expand the scope of the test
foreign owned or outside the scope of
procedure to include equipment with
the small business classification. Of the
capacities from 50 to 4,000 pounds of
remaining 14 entities, 5 manufacture ice
ice per 24 hours;
makers for residential uses and one
company has filed for bankruptcy. Thus,
2. Provide test methods for all batch
DOE identified 8 manufacturers that
type and continuous type ice makers;
B. Review Under the Regulatory
Flexibility Act
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules
produce covered products and can be
considered small businesses. From its
analysis, DOE determined the expected
impacts of the rule on affected small
businesses and whether an IRFA was
needed (i.e., whether DOE could certify
that this rulemaking would not have a
significant economic impact on a
substantial number of small entities).
Table IV.1 stratifies the small
businesses according to their number of
employees. The smallest company has 5
employees and the largest company 175
employees. The majority of the small
businesses affected by this rulemaking
(75 percent) have fewer than 50
employees and all but one of the small
businesses have fewer than 100
employees.
TABLE IV.1—SMALL BUSINESS SIZE BY NUMBER OF EMPLOYEES
Number of
small
businesses
Number of employees
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1–10 .............................................................................................................................................
11–20 ...........................................................................................................................................
21–30 ...........................................................................................................................................
31–40 ...........................................................................................................................................
41–50 ...........................................................................................................................................
51–60 ...........................................................................................................................................
61–70 ...........................................................................................................................................
71–80 ...........................................................................................................................................
81–90 ...........................................................................................................................................
91–100 .........................................................................................................................................
101–110 .......................................................................................................................................
111–120 .......................................................................................................................................
121–130 .......................................................................................................................................
131–140 .......................................................................................................................................
141–150 .......................................................................................................................................
150–160 .......................................................................................................................................
160–170 .......................................................................................................................................
170–180 .......................................................................................................................................
Currently, only automatic commercial
ice makers that produce cube type ice
with capacities between 50 and 2,500
pounds of ice per 24 hours must be
tested using the DOE test procedure to
show compliance with energy
conservation standards established in
EPACT 2005. Automatic commercial ice
makers with larger capacities, batch
type ice makers that produce other than
cube type ice, and continuous type ice
makers of any capacity have not been
subject to this rule. This rulemaking
would institute new testing
requirements for automatic commercial
batch type ice makers that produce cube
type ice with capacities between 2,500
and 4,000 pounds of ice of ice per 24
hours, batch type ice makers that
produce other than cube type ice, and
continuous type ice makers of all
capacities. The costs to manufacturers
associated with these testing procedures
were estimated to range from $5,000 to
$7,500 per tested model. This estimate
is based on input from manufacturers
and third party testing labs for
completing a test as specified by AHRI
Standard 810–2007 on automatic
commercial ice makers. Additional
testing requirements will be mandatory
for continuous type ice makers to assess
ice quality. Discussion and
quantification of these two additional
rules is provided below.
The additional test methods required
for continuous type ice makers will
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standardize energy and water use with
respect to ice quality. This test will
consist of performing an additional
calorimetry test, as specified in
ASHRAE Standard 29–2009. DOE
estimates that performing this test will
require 2 additional hours of laboratory
time, including the time to perform
necessary calculations, per unit. Costs
associated with the calorimetry test
have been estimated by DOE to equal
approximately 10 percent of the AHRI
810 test or $500 to $740. These costs
would not include those associated with
transportation, assuming that the unit
would be analyzed at the same time as
the required AHRI 810 test. DOE
estimates that 28 percent of all
automatic commercial ice makers would
be subject to this additional test
procedure. This estimate was developed
based on publicly available listings of
automatic commercial ice makers (e.g.,
AHRI and CEC databases) and
manufacturer Web sites.
The primary cost for small businesses
under this rulemaking would result
from the aforementioned additional
testing requirements. These costs were
applied to the number of existing
designs subject to testing requirements
outlined in this rulemaking, which DOE
estimated at 30 models. Further, DOE
assumes that each company would
introduce a new base model in each
year (total of 8 new models for testing)
of the 5-year (2015–2019) analysis time
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Sfmt 4702
Percentage of
small
businesses
3
0
2
1
0
0
0
0
1
0
0
0
0
0
0
0
0
1
38
0
25
13
0
0
0
0
13
0
0
0
0
0
0
0
0
13
Cumulative
percentage
38
38
63
75
75
75
75
75
88
88
88
88
88
88
88
88
88
100
horizon. Thus, costs are most significant
in the first year following
implementation of the new testing
requirements as existing models are
tested but decline in future years as the
requirements are applied only to new
models. Two scenarios were developed
to reflect the low- and high-end costs
estimates for each test presented
previously in this section. Based on
these assumptions, testing costs for
small businesses were estimated at
$154,200 to $228,216 in 2015 and
$41,120 to $60,858 in 2016 through
2019.
In addition to testing costs, DOE
estimates an additional $5,147 in review
and filing costs over the 5-year analysis
time horizon. DOE bases its estimate on
the assumptions that it would take an
engineer 2 hours to communicate with
the testing laboratory, review test
results, prepare adequate
documentation, and file the report. The
average hourly salary for an engineer
completing these tasks is estimated at
$38.74.6 Fringe benefits are estimated at
30 percent of total compensation, which
brings the hourly costs to employers
associated with review and filing of
reports to $55.34.7
6 U.S. Department of Labor, Bureau of Labor
Statistics. 2009. National Occupational
Employment and Wage Estimates. Washington, DC.
7 U.S. Department of Labor, Bureau of Labor
Statistics. 2010. Employer Costs for Employee
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The incremental costs incurred by
small businesses to implement the
requirements of this rulemaking are
summarized in Table IV.2. Total costs to
small businesses are estimated at
$323,827 to $476,793 over the 5-year
analysis time horizon. The present value
costs of this rulemaking on small
businesses are estimated at $227,512 to
$334,982, or $28,439 to $41,873 per
small business. Annual costs are
discounted using a 7 percent real
discount rate, as recommended in OMB
Circular A–94.
TABLE IV.2—ANNUAL COSTS OF COMPLIANCE FOR SMALL BUSINESSES (2015–2019)
Testing costs
Year
Low end
2015
2016
2017
2018
2019
High end
Review/filing
costs
Total costs
Low end
Discounted costs
High end
Low end
High end
.........................................................
.........................................................
.........................................................
.........................................................
.........................................................
$154,200
41,120
41,120
41,120
41,120
$228,216
60,858
60,858
60,858
60,858
$2,490
664
664
664
664
$156,690
41,784
41,784
41,784
41,784
$230,706
61,522
61,522
61,522
61,522
$119,538
29,791
27,843
26,021
24,319
$176,005
43,864
40,995
38,313
35,806
Totals ................................................
154,200
228,216
2,490
156,690
230,706
119,538
176,005
28,439
41,873
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Average Cost per Small Business
DOE seeks comment on its estimated
additional cost of testing due to the new
requirements for testing presented in
this NOPR. Specifically, DOE seeks
comment on the impacts of the
additional cost of testing on small
manufacturers.
The findings of the DOE analysis
suggest that small business
manufacturers of automatic commercial
ice makers would not be
disproportionally impacted by the
proposed energy conservation standard,
relative to their competition. Testing
procedures are required for each base
model and only models produced by
manufacturers that are covered by this
rule would be required to be tested.
Research conducted by DOE indicates
that the small entities affected by this
regulation produce fewer automatic
commercial ice makers, on average,
when compared to larger businesses.
Small businesses manufacture, on
average, 4 base models covered by this
rule, while large businesses
manufacture an average of 34 affected
base models. Thus, small businesses are
subject to fewer testing procedures for
base models, and testing costs for large
businesses are estimated to be
approximately 8.5 times higher than
costs for small businesses. DOE has,
therefore, concluded that large and
small entities would incur a
proportional distribution of costs
associated with the new testing
requirements.
DOE conducted an analysis to
measure the testing cost burden relative
to the net profits of small
manufacturers. The analysis utilized
financial data gathered from other
public sources to derive the average
annual net profits of the small
businesses impacted by this rule. The
average industry net profit margin was
estimated at 7.74 percent.8 Net profits
represent gross profits minus all
overhead costs and expenditures. The
annualized costs associated with this
rulemaking were then compared to
estimated net profits to determine the
magnitude of the cost impacts of this
regulation on small businesses. Based
on this analysis, DOE estimates that the
total increase in testing burden amounts
to approximately 0.8 percent or 1.2
percent of low and high end cost
estimates, respectively. DOE further
estimates that the cost burden of the
testing procedures is equal to
approximately 0.1 percent of average
annual sales ($8.9 million) per small
entity affected by this regulation. DOE
concludes that these values do not
represent a significant economic impact.
Based on the criteria outlined above,
DOE has determined that the proposed
testing procedure amendments would
not have a ‘‘significant economic impact
on a substantial number of small
entities,’’ and the preparation of a
regulatory flexibility analysis is not
warranted. DOE will transmit the
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the Small Business
Administration for review under 5
U.S.C. 605(b).
DOE seeks comment on its reasoning
that the proposed test procedure
changes would not have a significant
impact on a substantial number of small
entities.
C. Review Under the Paperwork
Reduction Act of 1995
Compensation—Management, Professional, and
Related Employees. Washington, DC.
8 BizStats. Free Business Statistics and Financial
Ratios. Industry Income-Expense Statements. (Last
accessed February 17, 2011.) .
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Manufacturers of automatic
commercial ice makers must certify to
DOE that their equipment complies with
any applicable energy conservation
standard. In certifying compliance,
manufacturers must test their
equipment according to the DOE test
procedure for automatic commercial ice
makers, including any amendments
adopted for that test procedure. DOE has
proposed regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including automatic commercial ice
makers. 75 FR 56796 (Sept. 16, 2010).
The collection-of-information
requirement for the certification and
recordkeeping is subject to review and
approval by OMB under the Paperwork
Reduction Act (PRA). This requirement
has been submitted to OMB for
approval. Public reporting burden for
the certification is estimated to average
20 hours per response, including the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
Public comment is sought regarding
whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
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burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
on these or any other aspects of the
collection of information to Charles
Llenza (see ADDRESSES) and by e-mail to
Christine_J._Kymn@omb.eop.gov.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
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D. Review Under the National
Environmental Policy Act
In this proposed rule, DOE proposes
amendments to test procedures that may
be used to implement future energy
conservation standards for automatic
commercial ice makers. DOE has
determined that this rule falls into a
class of actions that are categorically
excluded from review under the
National Environmental Policy Act of
1969 (NEPA; 42 U.S.C. 4321 et seq.).
The rule is covered by Categorical
Exclusion A5, for rulemakings that
interpret or amend an existing rule
without changing the environmental
effect, as set forth in DOE’s NEPA
regulations in appendix A to subpart D,
10 CFR part 1021. This rule would not
affect the quality or distribution of
energy usage and, therefore, would not
result in any environmental impacts.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications. On March
14, 2000, DOE published a statement of
policy describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE has examined today’s
proposed rule and has determined that
it would not have a substantial direct
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effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the equipment
that is the subject of today’s proposed
rule. States can petition DOE for a
waiver of such preemption to the extent,
and based on criteria, set forth in EPCA.
(42 U.S.C. 6297) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort so that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, the proposed
rule meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA; Pub. L.
104–4) requires each Federal agency to
assess the effects of Federal regulatory
actions on State, local, and Tribal
governments and the private sector. For
proposed regulatory actions likely to
result in a rule that may cause
expenditures by State, local, and Tribal
governments in the aggregate or by the
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private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish estimates of
the resulting costs, benefits, and other
effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also
requires a Federal agency to develop an
effective process to permit timely input
by elected officers of State, local, and
Tribal governments on a proposed
‘‘significant intergovernmental mandate’’
and requires an agency plan for giving
notice and opportunity for timely input
to potentially affected small
governments before establishing any
requirements that might significantly or
uniquely affect small governments. On
March 18, 1997, DOE published a
statement of policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820. (This policy is
also available at https://www.gc.doe.gov.)
Today’s proposed rule contains neither
an intergovernmental mandate nor a
mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements do not
apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any
proposed rule that may affect family
well-being. Today’s proposed rule
would not have any impact on the
autonomy or integrity of the family as
an institution. Accordingly, DOE has
concluded that it is unnecessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 15, 1988), that this proposed
regulation, if promulgated as a final
rule, would not result in any takings
that might require compensation under
the Fifth Amendment to the U.S.
Constitution.
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note)
provides for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
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guidelines issued by OMB. The OMB’s
guidelines were published in 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published in 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
today’s proposed rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
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K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OIRA, within
OMB, a Statement of Energy Effects for
any proposed significant energy action.
A ‘‘significant energy action’’ is defined
as any action by an agency that
promulgated or is expected to lead to
promulgation of a final rule, and that (1)
Is a significant regulatory action under
Executive Order 12866, or any successor
order; and (2) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy; or (3) is
designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
Today’s regulatory action to amend
the test procedures for measuring the
energy efficiency of automatic
commercial ice makers is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L.
95–91), DOE must comply with section
32 of the Federal Energy Administration
Act of 1974 (Pub. L. 93–275), as
amended by the Federal Energy
Administration Authorization Act of
1977 (15 U.S.C. 788). Section 32
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
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such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission
concerning the impact of the
commercial or industry standards on
competition.
On December 8, 2006, DOE published
a final rule that adopted the test
procedure specified ARI Standard
810–2003, ‘‘Performance Rating of
Automatic Commercial Ice-Makers,’’
section 3, ‘‘Definitions,’’ section 4, ‘‘Test
Requirements,’’ and section 5, ‘‘Rating
Requirements,’’ with a revised method
for calculating the energy consumption
rate. ARI Standard 810–2003 references
the ASHRAE Standard 29–1988 (RA
2005), ‘‘Method of Testing Automatic Ice
Makers,’’ as the method of test. 71 FR
71340, 71350. The proposed rule
incorporates testing methods contained
in the revisions to these commercial
standards, AHRI Standard 810–2007,
‘‘Performance Rating of Automatic
Commercial Ice-Makers,’’ section 3,
‘‘Definitions,’’ section 4, ‘‘Test
Requirements,’’ and section 5, ‘‘Rating
Requirements’’ and ASHRAE Standard
29–2009, ‘‘Method of Testing Automatic
Ice Makers.’’ DOE has evaluated these
standards and is unable to conclude
whether they fully comply with the
requirements of section 323(b) of the
Federal Energy Administration Act (i.e.,
whether they were developed in a
manner that fully provides for public
participation, comment, and review).
As required by section 32(c) of the
Federal Energy Administration Act of
1974, as amended, DOE will consult
with the Attorney General and the
Chairman of the Federal Trade
Commission before prescribing a final
rule about the impact on competition of
using the methods contained in these
standards.
V. Public Participation
A. Attendance at Public Meeting
The time, date, and location of the
public meeting are listed in the DATES
and ADDRESSES sections at the beginning
of this document. If you plan to attend
the public meeting, please notify Ms.
Brenda Edwards at (202) 586–2945 or
Brenda.Edwards@ee.doe.gov.
As explained in the ADDRESSES
section, foreign nationals visiting DOE
Headquarters are subject to advance
security screening procedures.
In addition, you can attend the public
meeting via webinar. Webinar
registration information, participant
instructions, and information about the
capabilities available to webinar
participants will be published on DOE’s
Web site https://www.eere.energy.gov/
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buildings/appliance_standards/
commercial/
automatic_ice_making_equipment.html.
Participants are responsible for ensuring
their systems are compatible with the
webinar software.
B. Procedure for Submitting Prepared
General Statements for Distribution
Any person who plans to present a
prepared general statement may request
that copies of his or her statement be
made available at the public meeting.
Such persons may submit requests,
along with an advance electronic copy
of their statement in PDF (preferred),
Microsoft Word or Excel, WordPerfect,
or text (ASCII) file format, to the
appropriate address shown in the
ADDRESSES section at the beginning of
this notice. The request and advance
copy of statements must be received at
least one week before the public
meeting and may be e-mailed, handdelivered, or sent by mail. DOE prefers
to receive requests and advance copies
via e-mail. Please include a telephone
number to enable DOE staff to make a
follow-up contact, if needed.
C. Conduct of Public Meeting
DOE will designate a DOE official to
preside at the public meeting and may
also employ a professional facilitator to
aid discussion. The meeting will not be
a judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA
(42 U.S.C. 6306) A court reporter will
record the proceedings and prepare a
transcript. DOE reserves the right to
schedule the order of presentations and
to establish the procedures governing
the conduct of the public meeting. After
the public meeting, interested parties
may submit further comments on the
proceedings as well as on any aspect of
the rulemaking until the end of the
comment period.
The public meeting will be conducted
in an informal conference style. DOE
will present summaries of comments
received before the public meeting,
allow time for prepared general
statements by participants, and
encourage all interested parties to share
their views on issues affecting this
rulemaking. Each participant will be
allowed to make a general statement
(within DOE-determined time limits)
prior to the discussion of specific topics.
DOE will permit, as time allows, other
participants to comment briefly on any
general statements.
At the end of all prepared statements
on a topic, DOE will permit participants
to clarify their statements briefly and
comment on statements made by others.
Participants should be prepared to
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answer questions from DOE and other
participants concerning these issues.
DOE representatives may also ask
questions of participants concerning
other matters relevant to this
rulemaking. The official conducting the
public meeting will accept additional
comments or questions from those
attending, as time permits. The
presiding official will announce any
further procedural rules or modification
of the above procedures that may be
needed for the proper conduct of the
public meeting.
A transcript of the public meeting will
be included in the docket, which can be
viewed as described in the Docket
section at the beginning of this notice.
In addition, any person may buy a copy
of the transcript from the transcribing
reporter.
D. Submission of Comments
DOE will accept comments, data, and
other information regarding the
proposed rule before or after the public
meeting, but no later than the date
provided in the DATES section at the
beginning of this proposed rule.
Interested parties may submit comments
using any of the methods described in
the ADDRESSES section at the beginning
of this notice.
Submitting comments via
regulations.gov. The regulations.gov
webpage 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 regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
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Confidential Business Information (CBI).
Comments submitted through
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 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
regulations.gov provides after you have
successfully uploaded your comment.
Submitting comments via e-mail,
hand delivery, or mail. Comments and
documents submitted via e-mail, hand
delivery, or mail also will be posted to
regulations.gov. If you do not want your
personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, e-mail
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. E-mail
submissions are preferred. 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, are written in English, and are
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
and 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
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or she believes to be confidential and
exempt by law from public disclosure
should submit via e-mail, 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 e-mail or
on a CD, if feasible. DOE will make its
own determination about the
confidential status of the information
and treat it according to its
determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) when
such information might lose its
confidential character due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
E. Issues on Which DOE Seeks Comment
Although comments are welcome on
all aspects of this rulemaking, DOE is
particularly interested in receiving
comments on following issues.
Issues presented in the preamble to
the proposed rule:
1. DOE requests comment on its
determination that the proposed test
procedure amendments will not affect
the measured energy or water
consumption of automatic commercial
ice makers that are currently covered
under energy conservation standards.
DOE also requests comment on the
proposal that the use of amended test
procedure be required upon the
effective date of any test procedure final
rule, 30 days after publication.
2. DOE requests comment on updating
the referenced industry test procedures
to the most current version.
3. DOE requests comment on
expanding the capacity range from 50 to
2,500 pounds of ice per 24 hours to 50
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to 4,000 pounds of ice per 24 hours.
DOE requests comment on providing
test methods for continuous type ice
makers.
4. DOE requests comment on the
proposed method to normalize energy
and condenser water consumption to
32 °F water with no water content for
continuous type ice makers.
5. DOE requests comments or data
related to the impact of storage bin
effectiveness on the energy and water
consumption of automatic commercial
ice makers. Specifically, DOE requests
comment on the appropriate test
method and metric for storage bin
effectiveness and the burden associated
with adopting such a test method.
6. DOE requests comment on the
proposal to require testing of all remote
condensing ice makers with a dedicated
remote condensing unit and reporting of
ice-making mechanism, compressor,
and condenser energy use.
7. DOE requests comment on the
proposal to allow for optional test
procedure for modulating capacity
automatic commercial ice makers.
Specifically, DOE requests comment on
the weighting of the energy
consumption at the minimum and
maximum capacity settings.
8. DOE requests comment on its
proposal to incorporate AHRI Standard
810–2007 without specification or
clarification as to the calculation for
energy.
9. DOE requests comment on its
determination that an additional test
procedure to quantify auxiliary energy
use during non-ice making periods is
not justified given the relative
magnitude of energy consumption.
10. DOE requests comment on its
decision not to measure potable water
used in making ice.
11. DOE requests additional data that
would support evaluation of the need
for a standardized water hardness test.
12. DOE requests comment on testing
units at the highest water consumption
purge setting. Specifically, DOE requests
comment on the difference in energy
and water consumption when tested at
the maximum purge setting versus the
purge setting as specified by the
manufacturer.
13. DOE seeks comment on its
estimated additional cost of testing due
to the new requirements for testing
presented in this NOPR. Specifically,
DOE seeks comment on the impacts of
the additional cost of testing on small
manufacturers.
14. DOE seeks comment on its
reasoning that the proposed test
procedure changes will not have a
significant impact on a substantial
number of small entities.
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VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s proposed rule.
List of Subjects in 10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Energy conservation test
procedures, Incorporation by reference,
Reporting and recordkeeping
requirements, and Small business.
Issued in Washington, DC, on March 24,
2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the
preamble, DOE proposes to amend part
431 of title 10, Code of Federal
Regulations to read as follows:
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 431
continues to read as follows:
Authority: 42 U.S.C. 6291–6317.
2. Section 431.132 is amended by
adding in alphabetical order the
definitions of ‘‘batch type ice maker’’
and ‘‘continuous type ice maker;’’ and
revising the definition of ‘‘energy use’’ to
read as follows:
§ 431.132 Definitions concerning
automatic commercial ice makers.
*
*
*
*
*
Batch type ice maker means an ice
maker having alternate freezing and
harvesting periods. This includes
automatic commercial ice makers that
produce cube type ice, tube type
automatic commercial ice makers, and
other batch technologies. Also referred
to as cube type ice maker in AHRI
Standard 810–2007 (incorporated by
reference, see § 431.133), AHRI
Standard 810–2007’s definition clarifies
that ‘‘cube’’ does not reference a specific
size or shape and includes all automatic
commercial ice makers with alternate
freezing and harvesting periods.
Continuous type ice maker means an
ice maker that continuously freezes and
harvests ice at the same time.
*
*
*
*
*
Energy use means the total energy
consumed, stated in kilowatt hours per
one-hundred pounds (kWh/100 lb) of
ice stated in multiples of 0.1. For remote
condensing (but not remote compressor)
automatic commercial ice makers and
remote condensing and remote
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compressor automatic commercial ice
makers, total energy consumed shall
include the energy use of the ice-making
mechanism, the compressor, and the
remote condenser or condensing unit.
*
*
*
*
*
3. Section 431.133 is revised to read
as follows:
§ 431.133 Materials incorporated by
reference.
(a) General. We incorporate by
reference the following standards into
Subpart H of Part 431. The material
listed has been approved for
incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Any subsequent
amendment to a standard by the
standard-setting organization will not
affect the DOE regulations unless and
until amended by DOE. Material is
incorporated as it exists on the date of
the approval and a notice of any change
in the material will be published in the
Federal Register. All approved material
is available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html. Also, this material is
available for inspection at U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, 6th
Floor, 950 L’Enfant Plaza, SW.,
Washington, DC 20024, 202–586–2945,
or go to: https://www1.eere.energy.gov/
buildings/appliance_standards/.
Standards can be obtained from the
sources listed below.
(b) AHRI. The Gas Appliance
Manufacturers Association (GAMA)
merged in 2008 with the AirConditioning and Refrigeration Institute
to become the Air-Conditioning,
Heating, and Refrigeration Institute
(AHRI). Anyone can obtain a copy of
AHRI Standard 810–2007 from the AirConditioning, Heating, and Refrigeration
Institute, 2111 Wilson Blvd, Suite 500,
Arlington, VA 22201, (703) 524–8800,
ahri@ahrinet.org, or https://
www.ahrinet.org/Content/
StandardsProgram_20.aspx.
(1) Air-Conditioning, Heating, and
Refrigeration Institute Standard 810–
2007, ‘‘Performance Rating of Automatic
Commercial Ice Makers,’’ (‘‘AHRI
Standard 810–2007’’), IBR approved for
§ 431.134.
(2) [Reserved].
(c) ASHRAE. American Society of
Heating, Refrigerating and Air-
E:\FR\FM\04APP1.SGM
04APP1
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Proposed Rules
Conditioning Engineers, Inc., 1791
Tullie Circle, NE., Atlanta, GA 30329,
(404) 636–8400, ashrae@ashrae.org, or
https://www.ashrae.org.
(1) American National Standards
Institute/American Society of Heating,
Refrigeration, and Air-Conditioning
Engineers Standard 29–2009, (‘‘ASHRAE
Standard 29–2009’’), ‘‘Method of Testing
Automatic Ice Makers,’’ IBR approved
for § 431.134.
(2) [Reserved].
4. Section 431.134 is revised to read
as follows:
18445
(1) For batch type automatic
commercial ice-making heads, remote
condensing (but not remote compressor)
automatic commercial ice makers, and
remote condensing and remote
compressor automatic commercial ice
makers; the energy use and condenser
water use will be reported as measured
in this paragraph (b), including the
energy and water consumption, as
applicable, of the ice-making
mechanism, the compressor, and the
condenser or condensing unit.
(2)(i) For continuous type automatic
commercial ice makers, determine the
energy use and condenser water use by
multiplying the energy consumption or
condenser water use as measured in this
paragraph (b) by the ice quality
adjustment factor, determined using the
following equation:
[Regulation HH; Docket No. R–1412]
the Federal Reserve System (the
‘‘Board’’) is required to promulgate riskmanagement standards governing the
operations related to the payment,
clearing, and settlement activities of
certain financial market utilities
(‘‘FMUs’’) that are designated as
systemically important by the Financial
Stability Oversight Council (the
‘‘Council’’). In addition, under section
806(e) of the Dodd-Frank Act, the Board
is required to prescribe regulations
setting forth the standards for
determining when advance notice is
required to be provided by a designated
FMU for which the Board is the
Supervisory Agency when the
designated FMU proposes to change its
rules, procedures, or operations that
could materially affect the nature or
level of risks presented by the
designated FMU. The Board is
proposing new Part 234 to Title 12 of
the Code of Federal Regulations to
implement these provisions of the
Dodd-Frank Act.
RIN 7100–AD71
DATES:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include the docket number in the
subject line of the message.
• Facsimile: (202) 452–3819 or (202)
452–3102.
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
paper form in Room MP–500 of the
Board’s Martin Building (20th and C
Streets, NW.) between 9 a.m. and 5 p.m.
on weekdays.
FOR FURTHER INFORMATION CONTACT:
Jennifer A. Lucier, Manager (202) 872–
7581, Division of Reserve Bank
Operations and Payment Systems;
Christopher W. Clubb, Senior Counsel
(202) 452–3904, or Kara L. Handzlik,
Senior Attorney (202) 452–3852, Legal
Division; for users of
Telecommunications Device for the Deaf
(TDD) only, contact (202) 263–4869.
SUPPLEMENTARY INFORMATION:
§ 431.134 Uniform test methods for the
measurement of energy and water
consumption of automatic commercial ice
makers.
(a) Scope. This section provides the
test procedures for measuring, pursuant
to EPCA, the energy use in kilowatt
(ii) Determine the calorimeter
constant as specified in the ‘‘Procedure
for Determining Ice Quality’’ in section
A.3 of normative annex A of ASHRAE
Standard 29–2009 (incorporated by
reference, see § 431.133).
(3) For batch and continuous type
automatic ice makers with multiple
capacity settings, determine the energy
use and condenser water use by
performing the test procedures in this
section at the highest capacity setting.
The energy consumption and condenser
water use may optionally be determined
by testing the multiple capacity
automatic commercial ice makers at
both the highest and the lowest capacity
settings and averaging the two results.
[FR Doc. 2011–7728 Filed 4–1–11; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL RESERVE SYSTEM
mstockstill on DSKH9S0YB1PROD with PROPOSALS
12 CFR Part 234
Comments on this notice of
proposed rulemaking must be received
by May 19, 2011.
Financial Market Utilities
Board of Governors of the
Federal Reserve System.
ACTION: Notice of proposed rulemaking.
AGENCY:
Under section 805(a)(1)(A) of
the Dodd-Frank Wall Street Reform and
Consumer Protection Act (the ‘‘DoddFrank Act’’), the Board of Governors of
SUMMARY:
VerDate Mar<15>2010
18:37 Apr 01, 2011
Jkt 223001
You may submit comments,
identified by Docket No. R–1412 and
RIN No. AD–7100–AD71, by any of the
following methods:
• Agency Web site: https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm.
ADDRESSES:
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
E:\FR\FM\04APP1.SGM
04APP1
EP04AP11.005
hours per 100 pounds of ice (kWh/100
lb ice) and the condenser water use in
gallons per 100 pounds of ice (gal/100
lb ice) of automatic commercial ice
makers with capacities between 50 and
4,000 pounds of ice per 24 hours.
(b) Testing and Calculations. Measure
the energy use and the condenser water
use of each covered product by
conducting the test procedures set forth
in AHRI Standard 810–2007, section 3,
‘‘Definitions,’’ section 4, ‘‘Test
Requirements,’’ and section 5, ‘‘Rating
Requirements’’ (incorporated by
reference, see § 431.133). Where AHRI
Standard 810–2007 references
‘‘ASHRAE Standard 29,’’ ASHRAE
Standard 29–2009 shall be used
(incorporated by reference, see
§ 431.133).
Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Proposed Rules]
[Pages 18428-18445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7728]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2010-BT-TP-0036]
RIN 1904-AC38
Energy Efficiency Program for Certain Commercial and Industrial
Equipment: Test Procedures for Automatic Commercial Ice Makers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) proposes to revise its
test procedure for automatic commercial ice makers (ACIM) established
under the Energy Policy and Conservation Act. This notice of proposed
rulemaking (NOPR) proposes to update the incorporation by reference of
industry test procedures to the most current published versions. The
current DOE test procedure applies to automatic commercial ice makers
that produce cube type ice. This NOPR proposes to expand coverage of
the test procedure to all batch type and continuous type ice makers
with capacities between 50 and 4,000 pounds of ice per 24 hours. A
batch type ice maker is defined as an ice maker with alternate freezing
and harvesting periods, including machines that produce cube type ice,
tube type ice, and fragmented ice. A continuous type ice maker is
defined as an ice maker that continually freezes and harvests ice at
the same time. Continuous type ice makers primarily produce flake or
nugget ice. DOE also proposes amendments to standardize test results
based on ice quality for continuous type ice makers, clarify the test
methods and reporting requirements for automatic ice makers designed to
be connected to a remote compressor rack, and provide test methods for
modulating capacity ice makers. Furthermore, DOE proposes to
discontinue the use of a clarified energy use equation.
The test procedure applies to automatic commercial ice makers as
defined in section 136 of the Energy Policy Act of 2005. Use of any
amended test procedures will be required on the compliance date of any
standards developed in the associated energy conservation standard
rulemaking. This notice announces a public meeting to discuss and
receive comments on the proposed test procedure amendments.
DATES: DOE will hold a public meeting in Washington, DC on April 29,
2011 from 9 a.m. to 1 p.m. Additionally, DOE plans to make the public
meeting available via webinar. See section V, ``Public Participation,''
of this NOPR for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants.
DOE will accept comments, data, and other information regarding
this NOPR before or after the public meeting, but no later than June 3,
2011. See section V, ``Public Participation,'' for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend, please notify Ms. Brenda Edwards
at (202) 586-2945. Please note that foreign nationals planning to
participate in the public meeting are subject to advance security
screening procedures. Any foreign national wishing to participate in
the meeting should advise DOE as soon as possible by contacting Ms.
Brenda Edwards at (202) 586-2945 to initiate the necessary procedures.
Any comments submitted must identify the NOPR for test procedures
for automatic commercial ice makers, and provide docket number EERE-
2010-BT-TP-0036 or Regulation Identifier Number (RIN) 1904-AC38.
Comments may be submitted using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: ACIM-2010-TP-0036@ee.doe.gov. Include the docket
number EERE-2010-BT-TP-0036 and/or RIN 1904-AC38 in the subject line of
the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, 1000 Independence
Avenue, SW., Washington, DC 20585-0121. If possible, please submit all
items on CD. It is not necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Telephone: (202) 586-2945. If
possible, please submit all items on CD. It is not necessary to include
printed copies.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to Office of Energy Efficiency and
Renewable Energy through the methods listed above and by e-mail to
Christine_J._Kymn@omb.eop.gov.
Docket: The docket is available for review at regulations.gov,
including Federal Register notices, framework documents, public meeting
attendee lists and transcripts, comments, and other supporting
documents/materials. All documents in the docket are listed in the
regulations.gov index. However, not all documents listed in the index
may be publicly available, such as information that is exempt from
public disclosure. The regulations.gov web page will contain
instructions on how to access all documents in the docket, including
public comments.
The rulemaking web page can be found at: https://www.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html. This web page contains a link
to the docket for this notice on regulations.gov.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V, ``Public
Participation,'' of this document.
For further information on how to submit or review public comments,
participate in the public meeting, or view hard copies of the docket in
the Resource Room, contact Ms. Brenda Edwards at (202) 586-2945 or e-
mail: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Charles Llenza, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-2192, Charles_Llenza@ee.doe.gov.
In the Office of General Counsel contact Mr. Ari Altman, U.S.
Department of Energy, Office of General Counsel, GC-71, 1000
Independence Avenue, SW., Washington, DC 20585-0121, (202) 287-6307,
Ari.Altman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Legal Authority
II. Summary of the Proposed Rule
A. Proposed Test Procedure Amendments
B. Association With Energy Conservation Standards Rulemaking
III. Discussion
A. Summary of the Test Procedure Revisions
[[Page 18429]]
1. Update References to Industry Standards to Most Current
Versions
2. Expand Capacity Range to Larger Capacity Equipment
3. Include Test Methods for Continuous Type Ice Makers
a. Standardize Ice Quality for Continuous Type Ice Makers
4. Measure Potable Water Used To Produce Ice
a. Test Batch Type Ice Makers at the Highest Purge Setting
5. Provide a Test Method for Measuring Storage Bin Effectiveness
6. Provide a Test Method for Remote Condensing Automatic
Commercial Ice Makers
7. Provide a Test Method for Modulating Capacity Automatic
Commercial Ice Makers
8. Discontinue Use of a Clarified Energy Rate Calculation
B. Response to Additional Comments Raised by Interested Parties
at the Framework Document Public Meeting
1. Treatment of Tube Type Ice Machines
2. Quantification of Auxiliary Energy Use
3. Standardization of Water Hardness for Measurement of Potable
Water Used in Making Ice
IV. Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under the Treasury and General Government
Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
V. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Background and Legal Authority
Title III of the Energy Policy and Conservation Act (``EPCA'' or
``the Act,'' Pub. L. 94-163), as amended by the Energy Policy Act of
2005 (EPACT 2005, Pub. L. 109-58), establishes an energy conservation
program for certain commercial and industrial equipment. (42 U.S.C.
6311-6317) This program sets Federal energy conservation standards,
test procedures, and labeling requirements.
EPCA prescribes energy conservation standards for automatic
commercial ice makers that produce cube type ice with capacities
between 50 and 2,500 pounds of ice per 24-hour period. (42 U.S.C.
6313(d)(1)) EPCA also requires the Secretary of Energy to review these
standards and determine, by January 1, 2015, whether amending the
applicable standards is technically feasible and economically
justified. (42 U.S.C. 6313(d)(3)) DOE is currently undertaking a
standards rulemaking, concurrent to this test procedure rulemaking, to
determine if amended standards are technically feasible and
economically justified for automatic commercial ice makers covered by
the standards set in EPACT 2005 (docket number EERE-2010-BT-STD-0037).
In the energy conservation standards rulemaking, DOE is also proposing,
under 42 U.S.C. 6313(d)(2), standards for continuous type ice makers,
tube type ice makers, and equipment with capacities up to 4,000 pounds
of ice per 24 hours.
Manufacturers of automatic commercial ice makers must use
prescribed test procedures to measure energy and, if applicable, water
use to certify to DOE that equipment complies with the energy
conservation standards. (42 U.S.C. 6291(6)(A)) Manufacturers must also
use prescribed test procedures for labeling or making representations
about the efficiency of those products. (42 U.S.C. 6315(b)) Under 42
U.S.C. 6314, EPCA sets forth the criteria and procedures DOE must
follow when prescribing or amending test procedures for covered
products. EPCA provides in relevant part that ``test procedures
prescribed in accordance with this section shall be reasonably designed
to produce test results which reflect energy efficiency, energy use,
and estimated operating costs of a type of industrial equipment (or
class thereof) during a representative average use cycle (as determined
by the Secretary), and shall not be unduly burdensome to conduct.'' (42
U.S.C. 6314(2))
EPCA, as amended by EPACT 2005, prescribes that the test procedure
for automatic commercial ice makers shall be the Air-Conditioning and
Refrigeration Institute (ARI) Standard 810-2003, ``Performance Rating
of Automatic Commercial Ice-Makers.'' (42 U.S.C. 6314(a)(7)(A))
Pursuant to that section, on December 8, 2006, DOE published a final
rule (the 2006 test procedure final rule) that adopted the test
procedure specified in ARI Standard 810-2003, with a revised method for
calculating energy use. DOE adopted a clarified energy use rate
equation to specify that the energy use be calculated using the entire
mass of ice produced during the testing period, normalized to 100
pounds of ice produced. 71 FR 71340, 71350 (Dec. 8, 2006). ARI Standard
810-2003 references the American National Standards Institute (ANSI)/
American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE) Standard 29-1988 (Reaffirmed 2005) (ASHRAE Standard
29-1988 (RA 2005)), ``Method of Testing Automatic Ice Makers,'' as the
method of test. The current test procedures for automatic commercial
ice makers appear at 10 CFR part 431, subpart H, section 134, ``Uniform
test method for the measurement of energy consumption and water
consumption of automatic commercial ice makers.''
Since the publication of the 2006 test procedure final rule, ARI
merged with the Gas Appliance Manufacturers Association (GAMA) to form
the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) and
updated its test procedure to reflect changes in the industry. The new
test procedure, AHRI Standard 810-2007, amends the previous test
procedure, ARI Standard 810-2003, to:
1. Expand the capacity range of covered equipment to between 50 and
4,000 pounds of ice per 24 hours at standard rating conditions
2. Provide definitions and specific test procedures for batch type
and continuous type ice makers; and
3. Provide a definition for ice hardness factor, which is a measure
of ice quality or the percentage of liquid water content in the ice
product of continuous type ice machines.
The revised AHRI Standard 810-2007 and ASHRAE Standard 29-2009
adopt new definitions for a ``batch type ice maker'' (also referred to
as a cube type ice maker) and a ``continuous type ice maker.'' A batch
type ice maker is defined as an ice maker that has alternate freezing
and harvesting periods, including machines that produce cube type ice,
tube type ice, and fragmented ice. The test procedures further clarify
that in this definition the word ``cube'' does not refer to the
specific shape or size of ice produced. A continuous type ice maker is
defined as an ice maker that continually freezes and harvests ice at
the same time. Continuous type ice makers primarily produce flake and
nugget ice.
EPCA, as amended, provides that if ARI Standard 810-2003 is
revised, the Secretary shall amend the DOE test procedure as necessary
to be consistent with the amended ARI Standard unless the Secretary
determines, by rule, that to do so would not meet the requirements for
test procedures set forth in EPCA. (42 U.S.C. 6314(a)(7)(B)) Because
ARI
[[Page 18430]]
Standard 810 has been updated from the 2003 version, DOE must amend the
DOE test procedure to reflect these updates, unless doing so would not
meet the definition of a test procedure, as set forth in section
343(a)(7) of EPCA. (42 U.S.C. 6314(a)(7)(B)(i))
The commercial test procedure being considered in this rulemaking,
AHRI Standard 810-2007, references the previous ASHRAE Standard 29-1988
(RA 2005). However, in 2009, ASHRAE also updated their test procedure
to include provisions for measuring the performance of batch type and
continuous type ice makers. The DOE test procedure also references the
ASHRAE Standard 29-1988 (RA 2005).
DOE has preliminarily determined that the updated versions are
consistent with the test procedure currently used in industry, expand
coverage to additional products that are being proposed in the ongoing
standard rulemaking, including continuous type and larger capacity ice
makers with capacities up to 4,000 pounds of ice per day, and would
meet the above-referenced requirements for a test procedure set forth
in EPCA. (42 U.S.C. 6314(a)(7)(B)) As such, DOE proposes to incorporate
by reference AHRI Standard 810-2007 as the DOE test procedure, with
ASHRAE Standard 29-2009 as the referenced method of test.
DOE is revising the automatic commercial ice maker test procedure
in part to correspond with changes being proposed in the concurrent
standard rulemaking process on automatic commercial ice makers (docket
number EERE-2010-BT-STD-0037). The energy conservation standards
rulemaking that DOE is proposing under 42 U.S.C. 6313(d)(2) would
establish energy conservation standards for continuous type ice makers
and equipment with capacities up to 4,000 pounds of ice per 24 hours.
In addition to updating the references to AHRI 810-2007 and ASHRAE
Standard 29-2009, DOE is proposing revisions to the DOE test procedure
that:
1. Expand the scope of the test procedure to include equipment with
capacities from 50 to 4,000 pounds of ice per 24 hours;
2. Provide test methods for continuous type ice makers;
3. Standardize the measurement of energy and water use for
continuous type ice makers with respect to ice quality;
4. Clarify the test method and reporting requirements for remote
condensing automatic commercial ice makers designed for connection to
compressor racks;
5. Specify an optional test method for modulating capacity ice
makers; and
6. Discontinue the use of a clarified energy use rate calculation
and instead calculate energy use per 100 pounds of ice as specified in
ASHRAE Standard 29-2009.
DOE believes that these amendments will result in a test procedure
that more accurately reflects the energy and water use of automatic
commercial ice makers and more fully complies with the requirements of
EPCA. This test procedure rulemaking also fulfills DOE's obligation
under EPCA to review the test procedure for automatic commercial ice
makers every 7 years. (42 U.S.C. 6314(a)(1)(A))
EPCA requires that 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. 6314(b))
II. Summary of the Proposed Rule
A. Proposed Test Procedure Amendments
This NOPR proposes to update the test procedure references to the
current industry-accepted test procedures, expand the scope to cover
all continuous and batch type equipment with capacities from 50 to
4,000 pounds of ice per 24 hours, provide a test method to normalize
energy with respect to ice quality for continuous type ice makers,
clarify the test method and reporting requirements for remote
condensing ice makers that are designed to be used with a remote
compressor rack, provide an optional test method for modulating
capacity ice makers, and discontinue the use of a clarified energy use
rate calculation. In the absence of the clarified energy rate equation
published by DOE as part of the previous DOE test procedure (71 FR
71340, 71350 (Dec. 8, 2006)), DOE will use the method prescribed in
ASHRAE Standard 29-2009 to calculate energy use per 100 pounds of ice
produced. This method is discussed in more detail in section III.A.7 of
this document. DOE anticipates publishing the final rule amending the
ACIM test procedures prior to issuing the NOPR for the ACIM energy
conservation standard.
B. Association With Energy Conservation Standards Rulemaking
DOE is proposing these revisions to the DOE test procedure be
consistent with the scope of coverage of the concurrent energy
conservation standard rulemaking for automatic commercial ice makers
(docket number EERE-2010-BT-STD-0037). If the scope of coverage changes
in later stages of the automatic commercial ice maker energy
conservation standards rulemaking, DOE may add provisions, as
necessary, to the test procedure so that it is consistent with the
final scope of coverage of any new or amended standards for automatic
commercial ice makers.
EPCA, as amended, requires that any amended test procedures for
automatic commercial ice makers shall comply with section 6293(e) of
the same title (42 U.S.C. 6314(a)(7)(C)), which in turn prescribes that
if any rulemaking amends a test procedure, DOE must determine ``to what
extent, if any, the proposed test procedure would alter the measured
energy efficiency * * * of any covered product as determined under the
existing test procedure.'' (42 U.S.C. 6293(e)(1)) Further, if DOE
determines that the amended test procedure would alter the measured
efficiency of a covered product, DOE must amend the applicable energy
conservation standard accordingly. (42 U.S.C. 6293(e)(2))
In accordance with 42 U.S.C. 6293(e), DOE has analyzed the amended
test procedure, as proposed in today's NOPR, to determine if it will
affect the measured energy efficiency of a covered product. When the
revised ACIM test procedure final rule is promulgated, the energy
conservation standards set in EPACT 2005 for automatic commercial ice
makers that produce cube type ice of capacities between 50 and 2,500
pounds of ice per 24 hours will be in effect.
DOE believes that the only proposed test procedure amendments
applicable to automatic commercial ice makers covered under EPACT 2005
standards are those that update the referenced industry test procedures
to their most current versions, clarify the test method and reporting
requirements for automatic commercial ice makers designed to be
connected to a remote compressor rack, and discontinue the use of a
clarified energy use rate equation. DOE believes that these amendments
would not significantly affect the measured energy or water use of
equipment for which standards are currently in place. The updated
industry test procedures, AHRI 810-2007 and ASHRAE Standard 29-2009,
only expand the test procedure to continuous type ice makers and ice
makers with capacities up to 4,000 pounds of ice per 24 hours; they do
not affect the test procedure for ice makers that make cube type ice
with capacities between 50 and 2,500 pounds of ice per 24 hours. See
section III.A.1 for more information. The amendments that clarify the
test method and reporting
[[Page 18431]]
requirements for automatic commercial ice makers designed to be
connected to a remote compressor rack and discontinue the use of the
clarified energy use rate equation are primarily editorial in nature
and do not fundamentally affect the way automatic commercial ice makers
are tested. These amendments are described in more detail in sections
III.A.5 and III.A.7, respectively.
The remaining proposed test procedure amendments are only
applicable to types of automatic commercial ice makers for which energy
conservation standards do not currently exist. In the concurrent ACIM
energy conservation standard rulemaking, DOE is proposing to establish
energy conservation standards for batch type and continuous type ice
makers with capacities up to 4,000 pounds of ice per 24 hours. This
includes new energy conservation standards for batch type ice makers
that produce cube type ice with capacities between 2,500 and 4,000
pounds of ice per 24 hours, batch type ice makers that produce other
than cube type ice with capacities between 50 and 4,000 pounds of ice
per 24 hours, and continuous type ice makers with capacities between 50
and 4,000 pounds of ice per 24 hours. However, these standards will not
be promulgated until after the ACIM test procedure final rule is
issued. Because there currently are no standards for the aforementioned
types of ice makers, section 6293(e) does not apply to test procedure
amendments that affect only those equipment types.
Because DOE does not believe the updated test procedure will alter
the measured energy or water consumption of automatic commercial ice
makers that are covered by existing DOE energy conservation standards,
DOE proposes that use of the amendments be required upon the effective
date of any test procedure final rule, 30 days after publication in the
Federal Register.
DOE requests comment on its determination that the proposed test
procedure amendments will not affect the measured energy or water
consumption of automatic commercial ice makers that are currently
covered under energy conservation standards. DOE also requests comment
on the proposal that the use of the amended test procedure be required
upon the effective date of any test procedure final rule, 30 days after
publication in the Federal Register.
III. Discussion
As part of the current rulemaking on the energy conservation
standard for commercial refrigeration equipment, DOE held a public
meeting on December 16, 2011 to present its Framework Document (https://www.eere.energy.gov/buildings/appliance_standards/commercial/pdfs/acim_framework_2010_11_04.pdf) and to receive comments from
interested parties. DOE considered the comments received as a result of
the Framework Document public meeting and incorporated into this
document certain recommendations, where appropriate. Responses to these
comments appear throughout the discussion of test procedure amendments.
The test procedure amendments DOE is proposing in this rulemaking were
summarized in section II.A and are discussed in further detail in the
following sections. Responses to comments that are not specifically
addressed in the discussion of test procedure revisions appear in
section III.B, which provides responses to comments in the following
subject areas:
1. Treatment of Tube Type Ice Machines
2. Quantification of Auxiliary Energy Use
3. Measurement of Storage Bin Effectiveness
4. Establishment of a Metric for Potable Water Used in Making Ice
5. Standardization of Water Hardness for Measurement of Potable Water
Used in Making Ice
6. Testing of Batch Type Ice Makers at the Highest Purge Setting
A. Summary of the Test Procedure Revisions
Today's proposed rule contains the following proposed changes to
the test procedure in 10 CFR 431, subpart H.
1. Update References to Industry Standards to Most Current Versions
The current DOE test procedure for automatic commercial ice makers,
established in the 2006 test procedure final rule, adopts ARI Standard
810-2003 as the test procedure used to measure the energy consumption
of a piece of equipment to establish compliance with energy
conservation standards set in EPACT 2005. 71 FR 71340, 71350 (Dec. 8,
2006). The DOE test procedure also references ASHRAE Standard 29-1988
(RA 2005). AHRI (previously ARI) Standard 810-2007 and ASHRAE Standard
29-2009 are designed to be used together to test automatic commercial
ice makers. AHRI Standard 810-2007 specifies the standard rating
conditions and provides relevant definitions of equipment, scope, and
calculated or measured values. ASHRAE Standard 29 specifies how to
conduct the test procedure, including the technical requirements and
calculations. Since the publication of the 2006 test procedure final
rule, AHRI has released an updated version of the test procedure, AHRI
Standard 810-2007. ASHRAE subsequently updated their test procedure in
2009 to reflect the same changes. AHRI Standard 810-2007 and ASHRAE
Standard 29-2009 amend the previous test procedures by expanding the
capacity range to 4,000 pounds per day and providing for the testing of
continuous type ice makers. In adopting the revised AHRI Standard 810-
2007 and referencing ASHRAE Standard 29-2009, DOE is proposing to
incorporate all the test procedure changes incorporated in the updated
versions. At the ACIM Framework Document public meeting, AHRI stated
its support for this proposal. (AHRI, No. 0016 at p. 139\1\)
---------------------------------------------------------------------------
\1\ In the following discussion, comments will be presented
along with a notation in the form ``AHRI, No. 0016 at p. 139,''
which identifies a written comment DOE received and included in the
docket of this rulemaking. DOE refers to comments based on when the
comment was submitted in the rulemaking process. This particular
notation refers to a comment (1) by AHRI, (2) in document number
0016 of the docket (available at regulations.gov), and (3) appearing
on page 139.
---------------------------------------------------------------------------
DOE requests comment on updating the referenced industry test
procedures to the most current versions.
In addition, DOE proposes to make additional changes that expand
the capacity range to larger capacity equipment, up to 4,000 pounds of
ice per 24 hours, and include additional test methods for continuous
type ice makers. These two changes are discussed in detail in the
following two sections.
2. Expand Capacity Range to Larger Capacity Equipment
AHRI Standard 810-2007 establishes a capacity range of 50 to 4,000
pounds of ice per 24 hours at standard rating conditions. The previous
standard, ARI Standard 810-2003, referenced by the current DOE test
procedure, is limited to a capacity range of 50 to 2,500 pounds of ice
per 24 hours. AHRI expanded the capacity range due to changes in the
products offered by manufacturers. Specifically, some manufacturers
offer larger capacity units that exceed the capacity range of the
previous test procedure. AHRI's expansion of the capacity range does
not affect the way ice makers are tested; it only provides for the same
test procedure to be applied to larger capacity ice makers.
At the ACIM Framework Document public meeting, some interested
parties commented that 4,000 pounds of ice per 24 hours was a natural
ceiling for commercial equipment. (AHRI, No. 0016 at pp. 65 and 144;
Manitowoc Ice,
[[Page 18432]]
No. 0016 at p. 66; Scotsman, No. 0016 at p. 68) Stakeholders also
commented that there did not appear to be any issues in applying the
test procedure to larger capacity equipment, except perhaps for
providing enough conditioned air in the environmental chamber to test
these machines. (Scotsman, No. 0016 at pp. 69 and 144)
While no manufacturers of equipment with capacities exceeding 4,000
pounds of ice per 24 hours attended the public meeting, Vogt, the
primary manufacturer of equipment with capacities larger than 4,000
pounds per 24 hours, submitted a written comment suggesting that DOE
expand the capacity limit to include equipment that produces up to
10,000 pounds of ice per 24 hours. Vogt further commented that this
leads consumers to believe that larger capacity machines are not as
efficient, when in fact they are more efficient, and prevents larger
capacity equipment from participating in rebate programs or other
energy efficiency programs.\2\
---------------------------------------------------------------------------
\2\ Framework comments submitted by Vogt Ice to Detlef
Westphalen, Navigant Consulting Inc, February 10, 2011.
---------------------------------------------------------------------------
In analyzing the current ice maker market, DOE has found that
approximately 99 percent of automatic commercial ice makers have
capacities between 50 and 4,000 pounds of ice per 24 hours. However,
DOE has identified a few automatic commercial ice makers with
capacities that exceed 4,000 pounds of ice per 24 hours that are
currently offered for sale in the United States. Further, DOE found
that many of these larger capacity machines are marketed as commercial
products for use in food sales, schools, and other commercial spaces
and fall within the EPCA definition of an automatic commercial ice
maker.
(42 U.S.C. 6311(19))DOE has analyzed the AHRI 810-2007 and ASHRAE
Standard 29-2009 test procedure methods and believes that there are no
technical issues with applying these methods to larger capacity
equipment, up to 10,000 pounds of ice per 24 hours. In fact, this is
how larger capacity ice makers are currently tested by manufacturers to
voluntarily determine their energy performance. DOE understands that
larger capacity ice makers require a larger environmental chamber to
accommodate their increased physical size and the additional
conditioned air required to maintain the test room at ambient
conditions. In addition, there may be other issues related to marketing
or burden when testing ice makers with capacities between 4,000 and
10,000 pounds of ice per 24 hours.
In weighing the various factors for and against establishing a test
procedure covering ice makers with capacities between 4,000 and 10,000
pounds per 24 hours, DOE has determined that such test procedures would
not be warranted at this time. Primarily, DOE does not believe that the
increased burden association with this significant expansion in scope
is justified due to the small market share of equipment with capacities
greater than 4,000 pounds per 24 hours. Therefore, DOE proposes to
expand the capacity range of the DOE test procedure to only include
larger capacity automatic commercial ice makers with harvest rates
between 50 and 4,000 pounds of ice per 24 hours.
DOE requests comment on expanding the capacity range from 50 to
2,500 pounds of ice per 24 hours to 50 to 4,000 pounds of ice per 24
hours.
3. Include Test Methods for Continuous Type Ice Makers
During the public comment period for the 2006 test procedure
proposed rule, which adopted test procedures for the EPACT 2005 ACIM
standards, interested parties requested that additional product classes
be considered. Specifically, Howe Corporation requested that DOE test
procedures and requirements be amended and expanded to apply a revised
ARI Standard 810 to all automatic ice makers, regardless of ice-cube
type. (docket number EE-RM/TP-05-500, Howe, No. 6 at pp. 3-4) \3\ At
that time, DOE stated that the test procedure for automatic commercial
ice makers was adopted for two reasons: (1) To adopt methods for
testing equipment for which EPACT 2005 set energy conservation
standards and (2) to comply with the requirement that the test
procedure for such ice makers be ARI Standard 810-2003, which only
applies to the equipment that produces cube type ice. DOE added that
expanding the energy conservation standard for automatic commercial ice
makers to include equipment that produces ice other than cube type ice
was outside the scope of that rulemaking proceeding. However, DOE noted
that it is authorized to adopt standards for such other commercial ice
makers (42 U.S.C. 6313(d)(2)), and that if and when DOE sought to adopt
such standards, it intended to consider continuous type ice makers that
produce flake type ice. 71 FR 71340, 71351 (Dec. 8, 2006).
---------------------------------------------------------------------------
\3\ This notation refers to a comment that was submitted by Howe
Corporation and is recorded in docket number EE-RM/TP-05-500 as
comment number 6, and (2) a passage that appears on pages 3 and 4 of
that document.
---------------------------------------------------------------------------
AHRI Standard 810-2007 and ASHRAE Standard 29-2009 have been
amended to allow for the testing of continuous type ice makers. The
revised AHRI Standard 810-2007 and ASHRAE Standard 29-2009 adopt
definitions for a ``batch type ice maker'' (also referred to as a cube
type ice maker) and a ``continuous type ice maker.'' A batch type ice
maker is defined as an ice maker that has alternate freezing and
harvesting periods. The standard further clarifies that in this
definition the word ``cube'' does not refer to the specific shape or
size of ice produced. A continuous type ice maker is defined as an ice
maker that continually freezes and harvests ice at the same time.
Continuous type ice makers primarily produce flake and nugget ice.
In addition, AHRI Standard 810-2007 and ASHRAE Standard 29-2009
provide explicit test methods for both batch and continuous type ice
makers. The previous ARI Standard 810-2003 and ASHRAE Standard 29-
1988(RA 2005), as referenced in the current DOE test procedure, do not
include a method for testing continuous type ice makers. DOE intends to
adopt AHRI Standard 810-2007 as the referenced DOE test procedure,
including referencing ASHRAE Standard 29-2009 as the method of test.
This would expand the current DOE test procedure to provide a method
for testing continuous type ice makers, in addition to batch type ice
makers. The test procedure provisions for testing continuous type ice
makers would be used in conjunction with standards for automatic
commercial ice makers that produce flake or nugget ice. These standards
are being developed in the ongoing ACIM energy conservation standard
rulemaking.
DOE requests comment on providing test methods for continuous type
ice makers.
4. Standardize Ice Quality for Continuous Type Ice Makers
Continuous type ice makers typically produce ice that is not
completely frozen. This means that there is some liquid water content
in the total mass of ice product produced by continuous type ice
makers. The specific liquid water content can be quantified in terms of
ice hardness or ice quality and is usually represented in terms of
percent of completely frozen ice present in the total ice product. Ice
quality can vary significantly across different machines. DOE
understands that the percentage of liquid water in the product of
continuous ice makers is directly related to the measured energy
consumption of
[[Page 18433]]
these machines. To provide comparability and repeatability of results,
DOE proposes to standardize the energy consumption of continuous ice
makers to a total mass of ice that is 32 degrees Fahrenheit ([deg]F)
with no liquid water content. At the December 16, 2010 Framework
Document public meeting, Scotsman agreed that there may be some reason
to standardize ice quality to 32 [deg]F with no liquid water content.
Scotsman further stated that there is also some utility in low quality
ice. (Scotsman, No. 0016 at p. 160)
DOE proposes to standardize the ice quality of continuous type ice
makers using the ``Procedure for Determining Ice Quality'' in section
A.3 of normative annex A in ASHRAE Standard 29-2009. In this procedure,
a calorimeter constant is calculated, which is essentially a ratio of
the heat content of a given mass of 32 [deg]F ice with no liquid water
content (100 percent ice quality) divided by the heat content of the
same mass of 32 [deg]F ice and water mixture (less than 100 percent
quality) produced by a continuous type ice maker. This is the inverse
of the ice hardness factor, as defined in AHRI 810-2007, presented as a
decimal. The calorimeter constant will be 1.0 for 100 percent ice
quality product and greater than 1.0 for ice with some liquid water
content. The calorimeter constant will be used to determine an
adjustment factor based on the energy required to cool ice from 70
[deg]F to 32 [deg]F and produce a given amount of ice, as shown below:
[GRAPHIC] [TIFF OMITTED] TP04AP11.000
Note: Btu = British thermal units.
The measured energy consumption per 100 pounds of ice and the
measured condenser water consumption, as determined using ASHRAE
Standard 29-2009, will be multiplied by the adjustment factor to yield
the scaled energy and condenser water consumption values, respectively.
These values will be reported to DOE to show compliance with the energy
conservation standard. The measured value of potable water used in
making ice will not be multiplied by the calorimeter constant because
all of the potable water is still used to produce usable product for
continuous type ice makers.
In response to Scotsman's comment (Scotsman, No. 0016 at p. 160)
regarding the utility of automatic commercial ice makers that produce
low quality ice, this test method will not affect the availability of
automatic commercial ice makers that produce lower quality ice; it will
simply provide a method by which automatic commercial ice maker energy
consumption and condenser water use results can be compared to a
baseline ice quality.
DOE requests comment on the proposed method to normalize energy and
condenser water consumption to 32 [deg]F water with no water content
for continuous type ice makers.
5. Clarify the Test Method and Reporting Requirements for Remote
Condensing Automatic Commercial Ice Makers
EPCA establishes energy conservation standards for two types of
remote condensing automatic commercial ice makers: (1) Remote
condensing (but not remote compressor) and (2) remote condensing and
remote compressor. (42 U.S.C. 6313(d)(1)) Remote condensing (but not
remote compressor) ice makers must be sold and operated with a
dedicated remote condenser that is in a separate section from the ice-
making mechanism and compressor. Remote condensing and remote
compressor automatic commercial ice makers may be operated with a
dedicated remote condensing unit or connected to a remote compressor
rack. Both of these remote refrigeration systems contain compressors
and condensers that are in a separate section from the ice-making
mechanism that they serve.
In assessing the current DOE and industry test procedures, DOE has
noticed an inconsistency in the way the energy use of remote condensing
and remote compressor ice makers that are designed to be connected to a
remote compressor rack is reported. Remote condensing and remote
compressor ice makers sold with a dedicated remote condensing unit
report energy consumption of the total ice maker; including the energy
consumption of the ice-making mechanism, the compressor, and the remote
condenser or condensing unit. Ice makers that are meant to be used with
a remote compressor rack report only the energy use of the ice-making
mechanism and do not include any energy use associated with the
compressors and condensers on the remote compressor rack. The
compressor and condenser energy consumption are excluded because ice
maker manufacturers do not have control of the energy efficiency of the
remote compressor rack. In addition, the same remote compressor rack
typically serves multiple equipment types in addition to automatic
commercial ice makers, such as commercial refrigeration equipment and
walk-in coolers and freezers.
At the Framework Document public meeting, DOE proposed three
potential options to address this issue:
1. A calculation method that applies a default factor to the ice-
making mechanism energy consumption that is representative of remote
compressor rack energy use;
2. A measurement method that measures the energy use of a remote
condensing and remote compressor ice maker with a designated remote
condensing unit and reports the energy use of both the ice-making
mechanism and the remote condensing unit; or
3. A measurement method that measures the energy use of a remote
condensing and remote compressor ice maker with a designated remote
condensing unit, but continues to report only the energy use associated
with the ice-making mechanism.
In response to these options, Manitowoc Ice stated that while
remote condensing automatic commercial ice makers could technically be
tested using a default value for compressor efficiency if the
refrigerant is measured, this would require a new test procedure and
may not be justified given the market share of this equipment.
(Manitowoc Ice, No. 0016 at pp. 149 and 153) Scotsman and AHRI
reiterated that the market share of this equipment was small and was
not expected to grow significantly. (Scotsman, No. 0016 at pp. 151-152;
AHRI, No. 0016 at p. 150) Manitowoc Ice also commented that ice-making
heads designed to be connected to remote condensing rack systems are
essentially the same as those that are sold with a dedicated remote
[[Page 18434]]
condensing unit. (Manitowoc Ice, No. 0016 at p. 154)
DOE understands that the market share of this equipment is small.
However, remote condensing ice makers that are designed to be sold for
use with a remote rack system are covered equipment pursuant to the
EPCA definition of an automatic commercial ice maker. (42 U.S.C.
6311(19)) In addition, as Manitowoc Ice mentioned, remote condensing
ice makers designed to be connected to remote condensing rack systems
are essentially the same as those that are sold with a dedicated remote
condensing unit. Therefore, DOE believes testing remote condensing ice
makers that are designed to be used with a remote condensing rack could
be accomplished, without significant additional burden, by testing
these units with a sufficiently sized dedicated remote condensing unit.
Option 1 above would require testing of remote condensing ice
makers that are designed to be used with a remote compressor rack using
a calculation methodology that would be more representative of the
energy consumption of the remote compressor rack. This calculation
method would apply a default factor to the ice-making mechanism which
would be determined through measurement of the amount of cooling
supplied to make ice. Information about the amount of cooling supplied
by the refrigerant is not currently captured in the DOE test procedure.
DOE believes that this additional testing would result in a significant
additional burden on manufacturers that would not be warranted given
the small market share of this equipment. In addition, the remote
compressor rack is not covered as part of the automatic commercial ice
maker and, thus, its energy consumption is not required to be captured
by the DOE test procedure.
EPCA requires that test procedures ``shall be reasonably designed
to produce test results which reflect energy efficiency, energy use,
and estimated operating costs of a type of industrial equipment (or
class thereof) during a representative average use cycle (as determined
by the Secretary), and shall not be unduly burdensome to conduct.'' (42
U.S.C. 6314(2)) DOE believes that testing all remote condensing and
remote compressor automatic commercial ice makers that are designed to
be connected to a remote compressor rack with a dedicated remote
condensing unit will represent the energy consumption of this equipment
without introducing undue burden. In addition, this method provides a
straightforward and consistent way to compare the performance of remote
condensing and remote compressor ice makers, both those sold with
dedicated remote condensing units and those designed to be used with
remote compressor rack systems. Therefore, DOE proposes that all remote
condensing and remote compressor ice makers be tested with a dedicated
remote condensing unit and report the energy use of the ice-making
mechanism, the compressor, and the condenser.
DOE requests comment on the proposal to require testing of all
remote condensing ice makers with a dedicated remote condensing unit
and reporting of ice-making mechanism, compressor, and condenser energy
use.
6. Provide a Test Method for Modulating Capacity Automatic Commercial
Ice Makers
An ice maker could be designed for multiple capacity levels, either
using a single compressor capable of multiple or variable capacities,
or using multiple compressors. This would be attractive since ice
makers operate at full capacity for only a small portion of the time,
if at all. Such a system could produce ice more efficiently at a lower
capacity level because there would be more surface area available
relative to the mass flow of refrigerant. There is no evidence that any
such system has been sold or tested anywhere in the world. However, the
basic concept is illustrated by the current use of different capacity
models using the same heat exchangers with different capacity
compressors. For such product pairs, the lower capacity machine is
generally more efficient.
At the Framework Document public meeting, the American Council for
an Energy-Efficient Economy (ACEEE), represented by Adjuvant
Consulting, stated that two-stage or modulating compressors should not
be eliminated from the group of design options. (Adjuvant Consulting,
No. 0016 at pp. 78-79)
While multiple or variable capacity systems (i.e., a modulating
system) could become a design feature in the future, DOE recognizes
that there are currently no commercialized products or prototypes
available. However, DOE believes that a test procedure can be developed
that allows measurement of the efficiency benefits of variable capacity
technologies. Multiple capacity systems can be rated under the current
test procedure at their maximum capacity rating. This will continue to
be an option for showing compliance with DOE energy conservation
standards. Also, an optional test procedure to capture the energy and
water efficiency benefits of modulating capacity systems could be
developed to allow systems that use a variable or multiple capacity
system to claim those savings. Incorporating a test method for
modulating capacity systems into the test procedure could provide an
opportunity for and incentivize future development of such systems that
could use this technology to obtain a higher efficiency rating. This is
valuable for manufacturers that may wish to qualify units for voluntary
efficiency programs, such as the Consortium for Energy Efficiency (CEE)
or ENERGY STAR.[supreg]
To capture the energy and water use of variable or multiple
capacity systems, a test procedure would need to measure energy use in
kilowatt-hours per 100 pounds of ice and water use in gallons per 100
pounds of ice of at least two production rates and calculate weighted
average energy use and water use values. DOE proposes that, for
modulating capacity systems, testing can be done at the maximum and
minimum capacity settings. These values would then be averaged to
determine the energy consumption and condenser water consumption of the
ice maker. While equal weighting is perhaps not representative of
actual utilization factors in the field, DOE would need additional data
to develop a better informed estimate.
In addition, DOE proposes that this test procedure for multiple or
modulating capacity systems be optional. Only testing at the maximum
capacity setting would be required for modulating capacity systems.
However, if a manufacturer wished to show increased energy savings due
to the installation of variable capacity technologies, this test
procedure also may be used to show compliance with the energy
conservation standard.
DOE requests comment on the proposal to allow for optional test
procedure for modulating capacity automatic commercial ice makers.
Specifically, DOE requests comment on the weighting of the energy
consumption at the minimum and maximum capacity settings.
7. Discontinue Use of a Clarified Energy Rate Calculation
The current DOE test procedure references ARI Standard 810-2003,
with an amended calculation for determining the energy consumption rate
for the purposes of compliance with DOE's energy conservation
standards. ARI Standard 810-2003 references ASHRAE Standard 29-1988
(RA2005) as the method of test for this equipment, including the
equations for calculating the energy consumption rate per 100
[[Page 18435]]
pounds of ice produced. In the 2006 test procedure proposed rule, DOE
found the language in ASHRAE Standard 29-1988 (RA 2005) unclear and
proposed that the energy consumption rate be normalized to 100 pounds
of ice instead and be determined as follows. 71 FR 71340, 71350 (Dec.
8, 2006).
[GRAPHIC] [TIFF OMITTED] TP04AP11.001
At the September 2006 public meeting for the 2006 test procedure
proposed rule, ARI commented in support of DOE's proposal to adopt ARI
Standard 810-2003 as the test procedure for automatic commercial ice
makers with the revised energy use rate equation. However, ARI further
stated that the ARI and ASHRAE standards have been used without the
clarification. 71 FR at 71351 (Dec. 8, 2006).
The equation contained in ASHRAE Standard 29-1988 (RA 2005), as
adopted, directs that the energy consumption shall be calculated as the
weight of ice produced during three specified time periods divided by
the power consumed during those same three time periods. The specified
time periods are defined as three complete cycles for batch type ice
makers and three 14.4-minute periods for continuous type ice makers.
The verbatim equation from ASHRAE Standard 29-1988 (RA 2005) is as
follows:
[GRAPHIC] [TIFF OMITTED] TP04AP11.002
In the above equation, kWh/100 lb ice refers to the desired energy
consumption rate normalized per 100 pounds of ice produced; 8.4a refers
to the section of the standard that describes the data to be recorded
for the calculation of energy consumption, in this case the energy
input in kilowatt-hours for the same periods prescribed for measurement
of capacity; and 8.2a refers to the data to be recorded for the
capacity test, specifically weight in pounds of ice produced for three
prescribed periods of collection. This equation did not change in the
update of ASHRAE Standard 29-1988 (RA 2005) to the most recent ASHRAE
Standard 29-2009.
DOE concludes that the existing equation in ASHRAE Standard 29-2009
is interpreted differently than specified by the amended DOE equation
for calculation of energy consumption rate. ASHRAE Standard 29-2009
directs that the energy consumption rate be calculated for each of the
three periods specified in the test method as the power consumption for
that period divided by the mass of ice collected in that period, as
shown below.
For i = 1 to 3:
[GRAPHIC] [TIFF OMITTED] TP04AP11.003
This result is then averaged and multiplied by 100 to obtain an
average energy consumption rate:
[GRAPHIC] [TIFF OMITTED] TP04AP11.004
The previous concern with ambiguity around the energy consumption
rate equation was based on the possibility that manufacturers might
discard some ice captured during the periods specified in the capacity
test and then divide the total energy use, for all three periods, by a
lesser volume of ice, thereby overstating the energy consumption of the
equipment. 71 FR 42178, 42184 (July 25, 2006). Although the text in
ASHRAE Standard 29-2009 did not change between the 1988 and 2009
versions, DOE has reexamined the energy consumption rate calculations
contained in the ASHRAE Standard 29-2009 test procedures and concluded
that the procedure is clear and no ambiguity exists. The ASHRAE
Standard 29-2009 test procedure clearly states that the mass of ice
collected will be recorded for each of the three complete periods
specified. ASHRAE Standard 29-2009 also states that the power
consumption will be recorded for the same three periods. DOE believes
that this statement is clear and does not provide opportunity for
misinterpretation. Additionally, DOE acknowledges that this method may
show more consistency in the average energy use rate calculation and,
further, is the method typically used in industry today. DOE proposes
to remove the clarification for the calculation of energy consumption
rate in this rulemaking.
DOE requests comment on its proposal to incorporate AHRI Standard
810-2007, with reference to ASHRAE Standard 29-2009 as the method of
test, without specification or clarification of the calculation for
energy consumption rate.
B. Response to Additional Comments Raised by Interested Parties at the
Framework Document Public Meeting
The following sections contain responses to comments received at
the
[[Page 18436]]
December 16, 2011 Framework Document public meeting that were not
specifically addressed in the discussion of test procedure revisions,
including:
1. Treatment of Tube Type Ice Machines
2. Quantification of Auxiliary Energy Use
3. Measurement of Storage Bin Effectiveness
4. Establishment of a Metric for Potable Water Used in Making Ice
5. Standardization of Water Hardness for Measurement of Potable Water
Used in Making Ice
6. Testing of Batch Type Ice Makers at the Highest Purge Setting
1. Treatment of Tube Type Ice Machines
At the Framework Document public meeting, the categorization of
tube type ice machines was discussed. Scotsman commented that tube ice
could be treated as a batch process in the same equipment class as cube
ice. (Scotsman, No. 0016 at p. 43) Manitowoc Ice agreed, but cautioned
against lumping them all together because of the different consumer
applications and utilities, such as the larger footprint of tube type
ice machines. (Manitowoc Ice, No. 0016 at pp. 49-50 and 53-54)
Manitowoc further commented that tube ice can be tested under the
currently available industry test procedures, but should be treated as
a separate equipment class. (Manitowoc Ice, No. 0016 at p. 50)
Tube type automatic commercial ice makers produce cube, flake, or
nugget ice. In making cube ice, they use a batch process, as do
conventional cube ice machines. Because tube ice has lower clarity than
cube ice from conventional machines, tube ice may have a different
market. There are no tube ice machines of less than 2,000 pounds of ice
per 24 hours on the market. Manufacturers are currently using the
existing test procedure for tube ice machines.
DOE agrees with the comments from Scotsman and Manitowoc Ice
regarding categorization of tube type ice machines, and finds that tube
type machines can be tested under the currently available test
procedures. Therefore, DOE proposes to clarify in the DOE test
procedure that tube and other batch technologies can be tested by the
current industry test procedures using the cube type test method.
2. Quantification of Auxiliary Energy Use
In assessing the operation and energy consumption of automatic
commercial ice makers, DOE determined that there are potential phases
of operation during the non-ice making periods that currently are not
accounted for in the test procedure. Although DOE is not required to
quantify auxiliary energy use, DOE is not prevented from including them
in the test procedures and energy conservations standards for automatic
commercial ice makers, if warranted. DOE examined the significance of
these auxiliary energy loads for automatic commercial ice makers to
determine if incorporation into the test procedure and energy
conservation standard was justified.
At the Framework Document public meeting, Manitowoc Ice mentioned
that standby energy use due to sensors could represent an electrical
load as high as 10 watts in some units. (Manitowoc Ice, No. 0016 at p.
143) Manitowoc Ice further stated that although such standby electrical
energy consumption exists in some cases, the overall energy consumption
was negligible and does not warrant consideration in the test procedure
or standard rulemakings. (Manitowoc Ice, No. 0016 at pp. 140-141)
DOE performed a preliminary assessment to corroborate the
estimations of interested parties and found that energy use due to
electrical sensors during non-ice-making periods contributed 1 percent
or less to the total energy consumption of the ice maker. If DOE chose
to quantify this load, a measurement of electrical consumption during
non-ice-making times could be incorporated into the test procedure.
Given the small magnitude of this energy use, DOE believes
quantification of auxiliary energy use during non-ice-making periods is
not justified. Note that the provision within EISA that standby mode
energy usage must be quantified (42 U.S.C. 6295(gg)(2)(A)) only appears
in the section that pertains to consumer products, and therefore does
not apply to commercial equipment.
DOE requests comment on its determination that an additional test
procedure to quantify auxiliary energy use during non-ice-making
periods is not justified.
3. Measurement of Storage Bin Effectiveness
Energy use that occurs to replace ice that has melted in the ice
storage bin prior to dispensing or use is currently quantified in the
Canadian and Australian standards and test procedures for automatic
commercial ice makers. In addition, Natural Resources Canada (NRCan)
has incorporated storage bin effectiveness into its energy efficiency
standard as a separate metric that applies only to self-contained
automatic commercial ice makers. The NRCan standard for storage bin
effectiveness ranges from 60 to 80 percent, depending on capacity of
the ice storage bin.\4\ If this range is representative of ice storage
bin effectiveness, meltage could represent approximately 10 percent
additional ice production, and thus 10 percent additional energy use,
per 24 hours. Storage bin effectiveness will similarly impact condenser
water use.
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\4\ CSA C742-08. Energy Performance of automatic icemaker and
storage bins. Canadian Standards Association, Mississauga, Ontario,
Canada.
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At the Framework Document public meeting, many manufacturers stated
that energy use associated with ice storage was outside the scope of
this rulemaking and the ice storage compartments were not refrigerated
on any ice makers. (AHRI, No. 0016 at p. 84; Scotsman, No. 0016 at p.
84; Manitowoc Ice, No. 0016 at pp. 84-85) Manufacturers also commented
that including ice storage bin effectiveness for only some ice makers
would not be fair or provide an accurate comparison. (Manitowoc Ice,
No. 0016 at p. 86)
A common metric used to quantify ice meltage in the ice storage bin
is storage bin effectiveness. Storage bin effectiveness is defined as a
theoretical expression of the fraction of ice that under specific
rating conditions would be expected to remain in the ice storage bin 24
hours after it is produced, with units of percent. AHRI has a standard,
AHRI 820-2000, that describes a test method for quantifying the
effectiveness of ice storage bins. This method, or a similar method, is
also used in the Canadian and Australian test procedures for automatic
commercial ice makers to quantify ice storage bin effectiveness.
While quantifying the additional energy use associated with ice
storage losses could contribute to additional energy savings, doing so
would result in an inconsistency between the standards for self-
contained and remote condensing ice makers or ice-making heads, and
thus an increased burden for manufacturers of self-contained units. DOE
believes that the additional burden associated with testing storage bin
effectiveness is not warranted at this time. As such, DOE will not
include a quantification of meltage in the storage bin in this
rulemaking.
DOE requests comments or data related to the impact of storage bin
effectiveness on the energy and water consumption of automatic
commercial ice makers. Specifically, DOE requests comment on the
appropriate test method and metric for storage bin effectiveness and
the burden associated with adopting such a test method.
[[Page 18437]]
4. Establishment of a Metric for Potable Water Used to Produce Ice
The current DOE energy conservation standard for automatic
commercial ice makers established metrics of energy use per 100 pounds
of ice for all equipment classes, and condenser water use per 100
pounds of ice produced for water-cooled models only. The current DOE
test procedure references ARI Standard 810-2003 as the test procedure
to calculate condenser water use. The updated AHRI Standard 810-2007
contains the same calculation for condenser water use.
However, automatic commercial ice makers consume potable water to
produce ice as well. AHRI Standard 810-2007 defines ``potable water use
rate'' as the amount of potable water used in making ice, including
``dump'' water. AHRI Standard 810-2007 defines ``dump water'' as the
water drainage from an ice maker to control the clarity of ice or to
prevent scaling. In this document, potable water used to produce ice
will refer to the water that leaves the machine in the form of ice as
well as any dump water or other excess that is expelled from the
machine during the ice-making process.
While there is generally a positive relationship between energy use
and potable water use, there may be a point at which the relationship
between potable water use and energy consumption reverses. At the ACIM
Framework Document public meeting, Manitowoc Ice and Scotsman both
indicated that, from a technology standpoint, reducing potable water
use generally improves energy efficiency, but if potable water use is
reduced beyond a certain threshold, efficiency could decrease due to
scaling. (Manitowoc Ice, No. 0016 at pp. 94-95; Scotsman, No. 0016 at
p. 94) Larger amounts of dump water can benef