Energy Conservation Program: Test Procedure for Commercial Refrigeration Equipment, 64295-64325 [2013-24354]
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Vol. 78
Monday,
No. 208
October 28, 2013
Part II
Department of Energy
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10 CFR Parts 429 and 431
Energy Conservation Program: Test Procedure for Commercial
Refrigeration Equipment; Proposed Rule
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Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket No. EERE–2013–BT–TP–0025]
RIN 1904–AC99
Energy Conservation Program: Test
Procedure for Commercial
Refrigeration Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
(NOPR).
AGENCY:
The U.S. Department of
Energy (DOE) proposes to revise and
reorganize its test procedure for
commercial refrigeration equipment
(CRE) in order to clarify certain terms,
procedures, and compliance dates.
Specifically, in this notice of proposed
rulemaking, DOE addresses several
inquiries it has received from interested
parties regarding the applicability of
DOE’s test procedure and current
Federal energy conservation standards,
the definition of certain terms pertinent
to commercial refrigeration equipment,
the proper configuration and use of
certain components and features of
commercial refrigeration equipment
when testing according to the DOE test
procedure, the proper application of
certain test procedure provisions, and
the compliance date of certain
provisions specified in the DOE test
procedure final rule published on
February 21, 2012 (hereafter referred to
as 2012 test procedure final rule). DOE
also proposes a number of test
procedure clarifications which have
arisen as a result of the negotiated
rulemaking process for certification of
commercial heating, ventilation, air
conditioning, refrigeration, and water
heating equipment. These provisions are
addressed below in more detail. DOE
will hold a public meeting to receive
and discuss comments on this NOPR.
DATES: DOE will hold a public meeting
on Thursday, December 5, 2013, from 9
a.m. to 1 p.m., in Washington, DC. The
meeting will also be broadcast as a
webinar. See section V, ‘‘Public
Participation,’’ for webinar registration
information, participant instructions,
and information about the capabilities
available to webinar participants.
DOE will accept comments, data, and
information regarding this notice of
proposed rulemaking (NOPR) before and
after the public meeting, but no later
than January 13, 2014. See section V,
‘‘Public Participation,’’ for details.
DOE expects that any final rule in this
proceeding would be effective 30 days
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SUMMARY:
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after the date of publication of that final
rule.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 1E–245, 1000
Independence Avenue SW.,
Washington, DC 20585. To attend,
please notify Ms. Brenda Edwards at
(202) 586–2945. Persons can attend the
public meeting via webinar. For more
information, refer to Section V, ‘‘Public
Participation,’’ near the end of this
notice of proposed rulemaking.
Comments may be submitted using
any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: CRE2013TP0025@
ee.doe.gov. Include the docket number
and/or RIN in the subject line of the
message.
3. 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 a
CD. It is not necessary to include
printed copies.
4. 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 a CD. It is not
necessary to include printed copies.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V of this document (‘‘Public
Participation’’).
Docket: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at regulations.gov. All
documents in the docket are listed in
the regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
A link to the docket Web page can be
found at: https://www.regulations.gov/
#!docketDetail;D=EERE-2013-BT-TP0025. This Web page will contain a link
to the docket for this notice of proposed
rulemaking on the regulations.gov site.
The regulations.gov Web page will
contain simple instructions on how to
access all documents, including Federal
Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials. See section V,
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‘‘Public Participation,’’ for information
on how to submit comments through
regulations.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in the public meeting, contact Ms.
Brenda Edwards at (202) 586–2945 or by
email: 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 Office, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2192. Email:
commercial_refrigeration_equipment@
ee.doe.gov.
Ms. Jennifer Tiedeman, U.S.
Department of Energy, Office of the
General Counsel, GC–71, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–8145. Email:
Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Summary of the Proposed Rule
III. Discussion
A. Scope of Coverage
1. Salad Bars, Buffet Tables, and Other
Refrigerated Holding and Serving
Equipment
2. Chef Bases and Griddle Stands
3. Existing Cases Undergoing
Refurbishments or Retrofits
4. Case Doors Shipped as After-Market
Additions
B. Definitions Pertinent to Commercial
Refrigeration Equipment
1. Commercial Refrigeration Equipment
with Drawers
2. Transparent and Solid Doors
a. Definition of Transparent
b. Definition of Equipment with
Transparent Doors versus Solid Doors
3. Hybrid Equipment and Commercial
Refrigerator-Freezers
C. Relationship Among Rating
Temperature, Operating Temperature,
and Integrated Average Temperature
D. Proper Configuration and Use of
Components or Features in the DOE Test
Procedure
1. Energy Management Systems
2. Lighting
3. Test Package Temperatures
E. Treatment of Other Specific Equipment
Features and Accessories During Testing
1. Customer Display Signs/Lights
2. Condensate Pan Heaters and Pumps
3. Anti-Sweat Door Heaters
4. Ultraviolet Lights
5. Illuminated Temperature Displays and
Alarms
6. Condenser Filters
7. Refrigeration System Security Covers
8. Night Curtains and Covers
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9. Grill Options
10. Coated Coils
11. Internal Secondary Coolant Circuits
12. Wedge Cases
13. Misting or Humidification Systems
14. Air Purifiers
15. General Purpose Outlets
16. Crankcase Heaters
17. Interior/Exterior Liners
F. Rounding of Test Results and Certified
Ratings
G. Testing at the Lowest Application
Product Temperature
H. Clarifications in Response to
Interpretations to AHRI Standard 1200–
2010
I. Clarification of Methodology for
Measuring Total Display Area
J. Compliance Date of Test Procedure
Amendments
IV. Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act
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 Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
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
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I. Authority and Background
A. Authority
Title III, Part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6311–
6317, as codified), added by Public Law
95–619, Title IV, Sec. 441(a), established
the Energy Conservation Program for
Certain Industrial Equipment, a program
covering certain industrial equipment,
which includes the commercial
refrigeration equipment that is the focus
of this notice of proposed rulemaking.1
All references to EPCA refer to the
statute as amended through the
American Energy Manufacturing
Technical Corrections Act (AEMTCA),
Public Law 112–210 (Dec. 18, 2012).
Under EPCA, the energy conservation
program consists essentially of four
parts: (1) Testing, (2) labeling, (3)
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
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Federal energy conservation standards,
and (4) certification and enforcement
procedures. The testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for (1) certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted under EPCA, (42
U.S.C. 6316(e)(1)), and (2) making
representations about the efficiency of
that equipment. (42 U.S.C. 6314(d))
Similarly, DOE must use these test
procedures to determine whether the
equipment complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6316(e)(1))
General Test Procedure Rulemaking
Process
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered equipment.
EPCA provides, in relevant part, that
any test procedures prescribed or
amended under this section shall be
reasonably designed to produce test
results which measure energy
efficiency, energy use or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use and shall not
be unduly burdensome to conduct. (42
U.S.C. 6314(a)(2))
In addition, if DOE determines that a
test procedure amendment is warranted,
it must publish proposed test
procedures and offer the public an
opportunity to present oral and written
comments on them. (42 U.S.C.
6314(b)(2)) Finally, in any rulemaking to
amend a test procedure, DOE must
determine to what extent, if any, the
proposed test procedure would alter the
measured energy efficiency of any
covered product or equipment 2 as
determined under the existing test
procedure. 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. 6314(a)(6)(D))
Under 42 U.S.C. 6314(c)(1), no later
than 3 years after the date of prescribing
a test procedure pursuant to 42 U.S.C.
6314, and from time to time thereafter,
DOE is required to conduct a
reevaluation and determine whether to
amend the test procedure. If DOE
determines a test procedure should be
amended, it shall promptly publish in
the Federal Register proposed test
2 The term ‘‘covered product’’ broadly refers to all
types of appliances and equipment regulated by the
Department regardless of whether they are
consumer products or commercial and industrial
equipment.
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procedures, incorporating such
amendments and affording interested
persons an opportunity to present oral
and written data, views and arguments.
(42 U.S.C. 6314(c)(2))
On February 21, 2012, DOE published
a final rule (2012 test procedure final
rule) prescribing new amendments to
the test procedure for commercial
refrigeration equipment. 77 FR 10292,
10318–21. Pursuant to EPCA’s
requirement in 42 U.S.C. 6314(c), DOE
has conducted a reevaluation of the CRE
test procedure and concluded that it
should be amended to clarify a number
of provisions regarding how aspects of
the test are conducted and to provide
more explicit definitions of some terms.
DOE’s proposed amendments to the test
procedure are presented in this NOPR.
B. Background
EPCA mandates that the American
Society of Heating, Refrigerating, and
Air-Conditioning Engineers (ASHRAE)
Standard 117–2002, ‘‘Method of Testing
Closed Refrigerators,’’ shall be the initial
test procedure for the types of
equipment to which standards are
applicable under 42 U.S.C. 6313(c)(2)–
(3). (U.S.C. 6314(a)(6)(A)(ii)) EPCA
requires DOE to address whether to
amend its test procedures if ASHRAE
amends this standard. (42 U.S.C.
6314(a)(6)(E)–(F)) In 2005, ASHRAE
combined Standard 72–1998, ‘‘Method
of Testing Open Refrigerators,’’ and
Standard 117–2002 and published the
test method as ASHRAE Standard 72–
2005 (ASHRAE 72–2005), ‘‘Method of
Testing Commercial Refrigerators and
Freezers,’’ which was approved by the
American National Standards Institute
(ANSI) on July 29, 2005. Consistent with
EPCA’s requirement in 42 U.S.C.
6314(a)(6)(E), DOE reviewed ASHRAE
72–2005, as well as American
Refrigeration Institute (ARI) Standard
1200–2006, which was approved by
ANSI on August 28, 2006. DOE
determined that ARI Standard 1200–
2006 included by reference the test
procedures in ASHRAE 72–2005 and
the rating temperatures prescribed in
EPCA. (42 U.S.C. 6314(a)(6)(B)) As a
result, DOE published a final rule in
December 2006 (2006 test procedure
final rule) that adopted ARI Standard
1200–2006 as the DOE test procedure
for commercial refrigeration equipment.
71 FR 71340, 71357 (Dec. 8, 2006). The
2006 test procedure final rule specified
rating temperatures of 38 °F (±2 °F) for
commercial refrigerators and refrigerator
compartments, 0 °F (±2 °F) for
commercial freezers and freezer
compartments, and ¥15 °F (±2 °F) for
commercial ice-cream freezers. 71 FR at
71370 (Dec. 8, 2006). DOE also adopted
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Association of Home Appliance
Manufacturers (AHAM) Standard HRF–
1–2004, ‘‘Energy, Performance and
Capacity of Household Refrigerators,
Refrigerator-Freezers and Freezers,’’ for
measuring compartment volumes for
equipment covered under the 2006 test
procedure final rule. 71 FR at 71370
(Dec. 8, 2006). The test procedure
established in the 2006 final rule
became effective on January 8, 2007 (71
FR at 71340), and its use has been
required to demonstrate compliance
with the current energy conservation
standards.
More recently, on February 21, 2012,
DOE published the aforementioned
2012 test procedure final rule, in which
it adopts several amendments to the
DOE test procedure for commercial
refrigeration equipment. These
amendments include updating the
standard incorporated by reference in
the DOE test procedure in response to
the relevant industry organizations
issuing updated versions. Specifically,
DOE updated the incorporation by
reference of Air-Conditioning, Heating,
and Refrigeration Institute (AHRI) 1200–
2010 as the DOE test procedure for this
equipment. 77 FR at 10318–9 (Feb. 21,
2012). The 2012 test procedure final
rule also includes an amendment to
incorporate by reference the updated
ANSI/AHAM Standard HRF–1–2008
(AHAM HRF–1–2008), ‘‘Energy,
Performance, and Capacity of
Household Refrigerators, RefrigeratorFreezers, and Freezers,’’ for determining
compartment volumes for this
equipment. 77 FR at 10318 and 10321
(Feb. 21, 2012). These updates were
primarily editorial in nature and aligned
the AHRI test procedure with the
nomenclature and methodology used in
DOE’s 2009 standards rulemaking on
commercial refrigeration equipment.
The newly updated AHRI Standard
1200–2010 also references the most
recent version of the AHAM standard,
AHAM HRF–1–2008.
In addition, the 2012 test procedure
final rule includes several amendments
designed to address certain energy
efficiency features that were not
accounted for by the previous DOE test
procedure, including provisions for
measuring the impact of night curtains,3
lighting occupancy sensors, and
scheduled controls. 77 FR at 10296–
10298 and 10319–10320 (Feb. 21, 2012).
In the 2012 test procedure final rule,
DOE also adopts amendments to allow
3 Night curtains are devices made of an insulating
material, typically insulated aluminum fabric,
designed to be pulled down over the open front of
the case to decrease infiltration and heat transfer
into the case when the merchandizing
establishment is closed.
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testing of commercial refrigeration
equipment that cannot operate at the
rating temperature specified in the DOE
test procedure. Specifically, the 2012
test procedure final rule allows testing
of commercial refrigeration equipment
at its lowest application product
temperature (LAPT), for equipment that
is physically incapable of reaching the
prescribed rating temperature. 77 FR at
10320 (Feb. 21, 2012). The 2012 test
procedure final rule also allows
manufacturers to test and certify
equipment at the more-stringent rating
temperatures and ambient conditions
required by NSF 4 for food safety testing.
77 FR at 10321 (Feb. 21, 2012).
The test procedure amendments
established in the 2012 test procedure
final rule became effective on March 22,
2012. 77 FR at 10292 (Feb. 21, 2012).
The amendments are required to be
used in conjunction with any amended
standards promulgated as a result of
DOE’s ongoing energy conservation
standards rulemaking (Docket No.
EERE–2010–BT–STD–0003).
II. Summary of the Proposed Rule
Since publication of the 2012 test
procedure final rule, DOE has received
a number of inquiries from interested
parties regarding DOE regulations for
commercial refrigeration equipment,
including how different types of
equipment fit into DOE’s definitions of
commercial refrigeration equipment at
10 CFR 431.62, and questions involving
certain provisions of the DOE test
procedure at 10 CFR 431.64.
More specifically, DOE has received
inquiries and questions regarding the
applicability of DOE’s test procedure
and Federal energy conservation
standards to particular models of
commercial refrigeration equipment, the
proper configuration and use of certain
components and features of commercial
refrigeration equipment for purposes of
testing according to the DOE test
procedure, and the compliance date of
the amendments specified in the 2012
test procedure final rule. In this NOPR,
DOE addresses the questions presented
by interested parties and, where
appropriate, proposes edits to the
regulatory language to add clarity to
DOE’s existing regulations.
On February 26, 2013, members of the
Appliance Standards and Rulemaking
Federal Advisory Committee (ASRAC)
unanimously decided to form a working
group to negotiate rulemaking on
certification for commercial heating,
ventilation, and air-conditioning;
4 Founded in 1944 as the National Sanitation
Foundation, the organization is now referred to
simply as NSF.
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commercial water heating; and
commercial refrigeration equipment. A
notice of intent to form the Commercial
Certification Working Group was
published in the Federal Register on
March 12, 2013 (EERE–2013–BT–NOC–
0023), to which DOE received 35
nominations. 78 FR 15653. On April 16,
2013 the Department published a notice
of open meeting that announced the first
meeting and listed the 22 nominations
that were selected to serve as members
of the Working Group, in addition to
two members from ASRAC, and one
DOE representative. 78 FR 22431. The
members of the Working Group were
selected to ensure a broad and balanced
array of stakeholder interests and
expertise, and include efficiency
advocates, manufacturers, a utility
representative, and third party
laboratory representatives. As part of
that rulemaking process, DOE
conducted a number of regulatory
negotiation sessions over the course of
the summer of 2013 involving major
stakeholders in the commercial
refrigeration equipment market.5 One
outcome of these meetings was an
agreement on the need for clarification
of aspects of the DOE test procedure
with respect to the treatment of specific
features of commercial refrigeration
equipment. This NOPR contains
proposed clarifications of the treatment
of those features by the DOE test
procedure.
EPCA prescribes that if any final rule
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.
6314(a)(6)) 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. 6314(a)(6)) In
this NOPR, DOE is proposing edits and
additional definitions which are
applicable to the DOE test procedure
that must currently be used to
demonstrate compliance with existing
standards (reorganized into appendix A
to subpart C of 10 CFR part 431), as well
as the test procedure established in the
2012 test procedure final rule that are to
be used with any future energy
conservation standards for commercial
refrigeration equipment (reorganized
into appendix B to subpart C of 10 CFR
5 All of the details of the negotiation sessions can
be found in the public meeting transcripts that are
posted to the docket for the Working Group
(https://www.regulations.gov/
#!docketDetail;D=EERE-2013-BT-NOC-0023).
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1. the applicability of the test
procedure and related energy
conservation standards to certain types
of equipment;
2. the definitions of hybrid
commercial refrigeration equipment,
commercial refrigeration equipment
with drawers, and commercial
refrigeration equipment with solid and/
or transparent doors;
3. the relationship among the rating
temperature, operating temperature, and
integrated average temperature;
4. the proper configuration and use of
energy management systems, lighting
controls, and test packages in the DOE
test procedure for commercial
refrigeration equipment;
5. the treatment of various features
and components;
6. the rounding requirements for test
results and certified ratings;
7. the provision adopted in the 2012
test procedure final rule to allow testing
at the lowest application product
temperature for equipment that cannot
operate at the prescribed rating
temperature for its equipment class;
8. clarifications raised by
Interpretations 1, 2, 3, 4, and 5 of AHRI
Standard 1200–2010;
9. the methodology used to determine
total display area; and
10. the compliance date of certain
amendments established in the 2012 test
procedure final rule.
for example, buffet tables, salad bars,
prep tables, and griddle stands.
EPCA and DOE regulations require
manufacturers of commercial
refrigeration equipment to use the DOE
test procedure for commercial
refrigeration equipment to evaluate
compliance with any applicable energy
conservation standards and to support
any representations as to the energy use.
The DOE test procedure for commercial
refrigeration equipment is set forth at 10
CFR 431.64. The test procedure applies
to all commercial refrigeration
equipment for which DOE has
established energy conservation
standards, including commercial
refrigerators, freezers, and refrigeratorfreezers, with and without doors, with
remote or self-contained condensing
units, with horizontal, vertical, or semivertical configurations, and designed for
holding temperature or pull-down
application.
Since publication of the 2012 test
procedure final rule, DOE has received
several inquiries from interested parties
regarding the applicability of the current
DOE energy conservation standards and
test procedure. In the following
sections, DOE provides details and
specific examples to respond to those
inquiries.
III. Discussion
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part 431). DOE does not believe that the
test procedure clarifications proposed in
this notice of proposed rulemaking
would affect the measured energy use of
any covered commercial refrigeration
equipment under the current DOE test
procedure. The additional definitions
and amendments to the DOE test
procedure for commercial refrigeration
equipment would serve only to clarify
existing nomenclature, testing
provisions, and requirements for certain
features and types of commercial
refrigeration equipment; they would not
establish new requirements with regard
to testing commercial refrigeration
equipment.
DOE notes that certification for
commercial refrigeration equipment is
currently not required until December
31, 2013, and DOE is negotiating the
certification requirements, including the
compliance date, with others in the
Working Group for these products
(Docket No. EERE–2013–BT–NOC–
0023).
On or after the compliance date for
any amended energy conservation
standards adopted as a result of the
ongoing energy conservation standards
rulemaking for commercial refrigeration
equipment (Docket No. EERE–2010–BT–
STD–0003), all commercial refrigeration
equipment shall be tested in accordance
with appendix B to subpart C of part
431.
A. Scope of Coverage
In the 2012 test procedure final rule,
DOE amends the test procedure for
commercial refrigeration equipment at
10 CFR 431.64. 77 FR 10292, 10318–
10321 (Feb. 21, 2012). Since publication
of the 2012 test procedure final rule,
DOE has received inquiries from
interested parties regarding DOE’s test
procedures, definitions, and the
applicability of the existing test
procedure and standards to different
types of commercial refrigeration
equipment. In addition, during its
testing of numerous basic models of
commercial refrigeration equipment,
DOE has encountered several test
procedure provisions that require
clarification. Lastly, as a result of the
negotiated rulemaking currently being
conducted by DOE to develop amended
certification requirements for
commercial refrigeration equipment,
DOE is also proposing 17 clarifications
regarding how different accessories are
treated under the existing test
procedure.
In considering inquiries from
interested parties, DOE noted several
opportunities for clarification of the test
procedure, involving:
On October 18, 2005, DOE published
a final rule adopting EPCA’s definition
of commercial refrigeration equipment.
This definition includes seven
provisions stating the requirements that
must be met for a piece of equipment to
qualify as commercial refrigeration
equipment. These include provisions
pertaining to the operational, functional,
and design characteristics of the
equipment. 70 FR 60407, 60414
This definition forms the basis of the
scope of coverage of DOE’s regulations
for commercial refrigeration equipment.
While the definition of commercial
refrigeration equipment encompasses a
broad cross-section of commercial
refrigeration equipment types, DOE has
only established energy conservation
standards for certain types of covered
commercial refrigeration equipment
specified at 10 CFR 431.66, and these
standards apply to all new equipment
distributed into U.S. commerce. 76 FR
12422, 12426 and 12437 (Mar. 7, 2011).
There are also several types of
equipment that meet the definition of
commercial refrigeration equipment for
which DOE has not yet set energy
conservation standards. These include,
DOE has received several inquiries
from interested parties regarding the
application of the current DOE test
procedure and standards to salad bars,
buffet tables, and other refrigerated
holding and serving equipment. Salad
bars, buffet tables, and other refrigerated
holding and serving equipment are
types of commercial refrigeration
equipment that store and display
perishable items temporarily during
food preparation or service. These units
typically have specific design attributes,
such as easily accessible or open bins
that allow convenient and unimpeded
access to the refrigerated products. As
such, this equipment may operate
differently from commercial
refrigeration equipment designed for
storage or retailing. While salad bars,
buffet tables and other refrigerated
holding and serving equipment are
covered equipment types because they
meet the definition of commercial
refrigeration equipment in EPCA, the
DOE test procedure and current Federal
standards do not apply due to their
unique operation. Should DOE decide to
explicitly consider test procedures or
energy conservation standards for salad
bars, buffet tables, and other refrigerated
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1. Salad Bars, Buffet Tables, and Other
Refrigerated Holding and Serving
Equipment
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holding and serving equipment, it
would do so in a future rulemaking.
2. Chef Bases and Griddle Stands
DOE also received inquiries about
chef bases and griddle stands, unique
equipment types used in commercial
kitchens to store food prior to cooking.
Specifically, interested parties inquired
as to whether this equipment was
covered by the DOE test procedure and
if there were applicable standards. Chef
bases and griddle stands are designed to
be placed directly under cooking
equipment, such as a commercial grill.
Chef bases and griddle stands are also
designed to provide food-safe
temperatures in extremely hot
environments, and thus are designed
with uniquely robust refrigeration
systems. These higher-capacity
refrigeration systems require larger
compressors than equipment with
compressors that are appropriately sized
for more typical ambient temperatures.
As a result, this equipment consumes
more energy than similarly sized,
standard CRE models.
Based on the current definition of
commercial refrigeration equipment,
chef bases and griddle stands are
commercial refrigeration equipment.
Further, DOE believes that chef bases
and griddle stands can be tested using
the DOE test procedure for commercial
refrigeration equipment. While
manufacturers are not required to make
representations of the energy use or
energy efficiency of chef bases or
griddle stands, a manufacturer must use
the DOE test procedure to make such
representations. However, DOE has not
considered the energy usage of these
types of equipment in its previous
rulemakings to set standards for
commercial refrigeration equipment,
thus, the current DOE energy
conservation standards do not apply to
chef bases or griddle stands.
Additionally, DOE is not considering
standards for this equipment at this
time, as discussed in section III.A
(Docket No. EERE–2010–BT–STD–
0003). DOE is proposing additions to
§ 431.66 to make clear that the current
energy conservation standards for CRE
do not apply to chef bases and griddle
stands.
To clearly differentiate ‘‘chef bases’’
and ‘‘griddle stands’’ for conventional
types of commercial refrigeration
equipment that are currently covered by
energy conservation standards, DOE
proposes to establish a definition for
‘‘chef base’’ and/or ‘‘griddle stand.’’
DOE proposes to define ‘‘chef base or
griddle stand’’ as follows:
Chef base or griddle stand means
commercial refrigeration equipment that
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is designed and marketed for the
express purpose of having a griddle or
other cooking equipment placed on top
of it that is capable of reaching
temperatures hot enough to cook food.
DOE believes this definition captures
the unique operation of chef bases and
griddle stands, which are designed to
provide food-safe temperatures in
extremely warm environments in excess
of 200 °F, and thus are designed with
uniquely robust refrigeration systems.
DOE also notes that these additional
design features are specifically marketed
by manufacturers and sought after in the
market, and add considerable cost to
this type of commercial refrigeration
equipment. Thus a manufacturer could
not produce another type of similar
commercial refrigeration equipment and
market it as a chef base or griddle stand
because that model would not meet the
performance requirements a consumer
would expect.
DOE requests comment on the
proposed definition for chef base or
griddle stand.
3. Existing Cases Undergoing
Refurbishments or Retrofits
DOE received a stakeholder inquiry as
to whether DOE’s test procedures and
energy conservation standards apply to
existing equipment undergoing retrofits
and refurbishments. Energy
conservation standards apply only to
new equipment manufactured after the
effective date of the applicable standard,
and not to equipment undergoing
retrofits or refurbishments. As DOE
stated in its certification, compliance
and enforcement (CCE) final rule,
published on March 7, 2011,
manufacturers and private labelers must
certify to DOE that each basic model of
covered equipment meets the applicable
standard before distributing that
equipment into U.S. commerce. DOE
clarified that its authority covers only
newly-manufactured equipment and
does not extend to rebuilt and
refurbished equipment. 76 FR at 12426
and 12437 (Mar. 7, 2011).
4. Case Doors Shipped as After-Market
Additions
DOE has received inquiries regarding
the appropriate equipment class and test
procedure for open commercial
refrigerated display cases that may be
shipped without doors installed on the
unit, but with doors accompanying the
unit (perhaps in a separate package) that
are intended to be installed in the field.
Stakeholders sought guidance on
whether equipment that is produced
and shipped in this manner would be
subject to the standards applicable to an
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open case or, rather, subject to the
standards applicable to a closed case.
A basic model of commercial
refrigeration equipment is tested, rated,
and subject to specific standards based
on the equipment class(es) to which that
basic model belongs. For commercial
refrigeration equipment, one of the
features that distinguishes the current
equipment classes is the presence of
doors (i.e., open or closed). In applying
the standards required for the
equipment categories in 10 CFR 431.66,
DOE proposes that when a model of
commercial refrigeration equipment is
offered for sale with doors as an
optional accessory, regardless of how
the unit is shipped, such unit must be
treated as equivalent to a basic model
shipped with doors pre-installed. The
model should be certified based on the
results of testing in this configuration,
which includes the doors. DOE seeks
comment on whether, if this same
model is offered for sale as a model
without doors, it should be tested and
rated with no doors installed and meet
the corresponding energy conservation
standards for open case equipment.
B. Definitions Pertinent to Commercial
Refrigeration Equipment
DOE currently categorizes commercial
refrigeration equipment by equipment
classes based on the following general
characteristics of a given basic model:
1. geometry of the case (i.e., vertical,
horizontal, or semi-vertical);
2. presence of doors (closed
equipment) or no doors (open
equipment);
3. door type, if applicable (transparent
or solid);
4. condensing unit configuration (selfcontained or remote condensing);
5. holding temperature application or
pull-down temperature application; and
6. operating temperature (refrigerator,
freezer, or ice-cream freezer).
10 CFR 431.62 provides definitions
that assist manufacturers in determining
which equipment class and associated
energy conservation standard applies to
a given basic model of commercial
refrigeration equipment. However, 10
CFR 431.62 does not provide explicit
guidance on how to classify commercial
refrigeration equipment with drawers or
how to differentiate between a unit with
transparent doors and a unit with solid
doors. Section III.B.1 through III.C
provides additional clarification in this
regard.
1. Commercial Refrigeration Equipment
With Drawers
DOE has received several inquiries
from interested parties regarding the
coverage of CRE basic models with
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drawers. Specifically, interested parties
have inquired whether CRE models with
drawers are covered under the existing
energy conservation standards for
commercial refrigeration equipment
and, if so, (1) to which equipment
families they belong; and (2) what test
procedure applies to these models.
DOE’s definition of commercial
refrigerator, freezer, and refrigeratorfreezer specified at 10 CFR 431.62
includes a requirement that the
equipment ‘‘[h]as transparent or solid
doors, sliding or hinged doors, a
combination of hinged, sliding,
transparent, or solid doors, or no
doors.’’ Based on this definition, DOE
interprets the term ‘‘door’’ to mean any
movable component of the CRE unit
that:
1. when closed, separates the interior
refrigerated space from the ambient air;
and
2. when opened, provides access to
the refrigerated products inside the CRE
unit.
Thus, DOE considers drawers to be
doors for purposes of DOE’s regulatory
program, including compliance with
DOE’s energy conservation standards.
As such, drawers are treated as doors
when conducting the DOE test
procedure.
To illustrate the comparable operation
of models of commercial refrigeration
equipment with drawers as compared to
similar models with traditional doors,
DOE tested several CRE units with
drawers from multiple manufacturers
using the current DOE test procedure
and compared their performance to
nearly identical units with hinged doors
(belonging to the vertical closed solid,
or VCS, equipment family) from the
same manufacturer product lines.
During the testing, DOE also studied the
effect of drawer-opening distances by
testing CRE units with drawers at three
different drawer-opening distances: 33
percent, 66 percent, and 100 percent
(i.e., the drawers were opened to the
maximum extent possible during the
test but not removed from the tested
unit entirely).
In summary, DOE found that he
drawered units performed similarly to
the hinged-door units to which they
were compared. Test results also
indicate minimal variation in measured
total daily energy consumption (TDEC)
when the drawer opening distance is
altered and DOE considers this variation
insignificant given input tolerances and
other factors in the test. Based upon the
data, most of the variation in energy
consumption apparently is caused by
the opening of the drawer, and is not
significantly affected by the amount the
drawer is opened.
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Thus, DOE confirms that the dooropening requirements in the DOE test
procedure apply to basic models of
commercial refrigeration equipment
with drawers, just as they do for CRE
units with other types of hinged or
sliding doors. That is, as required by the
DOE test procedure at 10 CFR 431.64 for
basic models with doors, referencing
ASHRAE 72–2005 as incorporated,
‘‘Each door shall be in the fully open
position for six seconds, six times per
hour for eight consecutive hours. Each
door shall be opened sequentially, one
at a time.’’ DOE reaffirms that current
energy conservation standards
prescribed for commercial refrigeration
equipment are applicable to CRE units
with drawers. Likewise, any updated
standards proposed for commercial
refrigeration equipment with doors as
part of the ongoing standards
rulemaking are applicable to equipment
with drawers.
To clarify how DOE’s regulatory
scheme applies to basic models of CRE
units with drawers, DOE proposes to
add language to the definition section at
10 CFR 431.62, defining doors as being
inclusive of drawers, as follows:
Door means a movable panel that;
(1) separates the interior volume of a
unit of commercial refrigeration
equipment from the ambient
environment,
(2) is designed to facilitate access to
the refrigerated space for the purpose of
loading and unloading product, and
(3) is affixed such that it is not
removable without the use of tools.
This includes hinged doors, sliding
doors, and drawers.
DOE notes that this proposed
definition only clarifies that CRE units
with drawers are currently covered
under DOE’s existing standards and test
procedures for the vertical, semivertical, or horizontal closed equipment
categories.
DOE requests comment on its
proposed definition of ‘‘door,’’ and, in
particular, its specification that the term
is inclusive of drawers.
2. Transparent and Solid Doors
In reviewing the CRE test procedures
for commercial refrigeration equipment,
DOE identified certain opportunities for
clarification within the definitions and
classifications of commercial
refrigeration equipment with solid doors
versus those with transparent doors.
Specifically, DOE identified the
following issues in its regulations:
1. The word ‘transparent’ is not
defined,
2. When a door is part transparent and
part solid, there is no clear guidance
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that allows for the door’s classification
as either a transparent or solid door, and
3. When a commercial refrigerator,
freezer or refrigerator-freezer has more
than one door such that one or more
doors are solid and the remainder of the
doors are transparent, there is no clear
guidance for the determination of the
maximum daily energy consumption of
that particular model of commercial
refrigerator, freezer or refrigeratorfreezer.
As a result of inquiries from
stakeholders regarding the
characterization of certain types of
commercial refrigeration equipment,
DOE proposes to establish several new
definitions and to clarify the test
procedure requirements at 10 CFR
431.64 to ensure appropriate
application.
a. Definition of Transparent
The DOE test procedure for
commercial refrigeration equipment, as
amended by the 2012 test procedure
final rule, incorporates by reference
AHRI Standard 1200–2010. 77 FR at
10318 (Feb. 21, 2012). AHRI Standard
1200–2010 defines total display area
(TDA) as ‘‘the sum of the projected
area(s) for visible product expressed in
[square feet]’’ and provides procedures
for calculating the TDA of commercial
refrigeration equipment with panels,
end enclosures, doors, or other envelope
components that have some transparent
area(s). Appendix D of AHRI Standard
1200–2010 provides further guidance
and examples to clarify the calculation
of TDA. The appendix also defines a
transparent material as that which
allows at least 65 percent light
transmittance. Therefore, based on
AHRI Standard 1200–2010, a
transparent door would be one partially
or entirely composed of a material that
allows greater than or equal to 65
percent light transmittance.
In adopting a definition for
transparent that is applicable to
commercial refrigeration equipment,
DOE has reviewed the definition of
transparent presented in AHRI Standard
1200–2010, as well as other potential
definitions. Light transmittance is a
measurable property of a material, and
a definition of transparent based on
light transmittance would be
unambiguous. Also, defining a
transparent material based on light
transmittance is an industry-accepted
practice. However, the light
transmittance of commercial
refrigeration doors is not typically
provided when the door is purchased,
and requiring this evaluation may add
unnecessary burden to the test
procedure.
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Alternatively, DOE could consider
referencing the purpose of a transparent
door in commercial refrigeration
equipment, which is to view refrigerated
product through the closed door. While
the alternate definition avoids
imposition of additional test burden and
addresses the plain language utility of
including a transparent material in the
construction of commercial refrigeration
equipment, the interpretation of ‘‘allows
for viewing’’ is subjective. For example,
doors with special decals or colored
glass may be difficult to unambiguously
categorize as ‘‘transparent’’ or ‘‘solid.’’
For this reason, DOE believes that
adopting a quantifiable, unambiguous
definition is the most effective method
for determining transparency of
materials for the purposes of
categorizing commercial refrigeration
equipment. Therefore, in this NOPR,
DOE proposes to establish a definition
of ‘‘transparent’’ based on 65% light
transmittance, as follows:
Transparent means greater than or
equal to 65 percent light transmittance,
as determined in accordance with
ASTM Standard E 1084–86 (Reapproved
2009), ‘‘Standard Test Method for Solar
Transmittance (Terrestrial) of Sheet
Materials Using Sunlight’’ at normal
incidence.
DOE is proposing to incorporate by
reference the ASTM E 1084–86
(Reapproved 2009) as the method for
determining light transmittance. In
selecting this test method, DOE
reviewed available test procedures for
measuring light transmittance through
translucent materials, including
methods from ASTM International and
the NFRC. DOE determined ASTM E
1084–86 (Reapproved 2009) to be the
most widely applicable test method for
measuring visible transmittance of
transparent doors installed on
commercial refrigeration equipment
compared to the other ASTM and NFRC
standards considered. Namely, DOE also
considered ASTM 972–96 (Reapproved
2007), ‘‘Standard test method for solar
photometric transmittance of sheet
materials using sunlight,’’ and NFRC
202–2012, ‘‘Procedure for Determining
Translucent Fenestration Product
Visible Transmittance at Normal
Incidence.’’
DOE found that ASTM E 1084–86
(Reapproved 2009) serves as the basis
for the ASTM E 972–96 (Reapproved
2007) and NFRC 202–1012, the primary
standards for determining visible
transmittance through fenestration
products. Thus, ASTM E 1084–86
(Reapproved 2009) includes all the
methods referenced in ASTM E 972–96
(Reapproved 2007) and NFRC 202–2012,
in addition to some products and
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procedures for which ASTM 972–96
(Reapproved 2007) and NFRC 202–2012
do not apply. ASTM E 1084–86
(Reapproved 2009) is applicable to
glass, which is the transparent material
commonly used in commercial
refrigeration equipment, as well as
translucent fiberglass and multicell
plastic panels, which cannot be tested
with a traditional methods using a
spectrophotometer as required by ASTM
E 972–96 (Reapproved 2007). Also,
ASTM E 1084–86 (Reapproved 2009)
applies to textured panels or materials
with similar non-flat characteristics,
while NFRC 202–2012 is limited to
translucent panels that do not have
printed patterns or non-flat
characteristics. Thus, DOE determined
that ASTM E 1084–86 (Reapproved
2009) is widely applicable to
transparent materials that would be
used to construct commercial
refrigeration equipment.
ASTM E 1084–86 (Reapproved 2009)
can be used to test the light
transmittance of materials at angles up
to 60° off normal incidence. For the
purposes of determining transparency
for materials used in the construction of
commercial refrigeration equipment,
DOE proposes to specify that materials
be tested at normal incidence. This is
consistent with the definition of TDA,
which references the projected area(s)
for visible product where the projection
is normal to the plane of the door, and
the way customers typically view
products through the door of a
commercial refrigeration unit.
DOE notes that determination of the
light transmittance of a transparent
material is not required in all cases to
classify a basic model of commercial
refrigeration equipment as equipment
with transparent doors. Manufacturers
may continue to specify equipment as
belonging to a transparent equipment
class (e.g., vertical closed transparent or
horizontal closed transparent) or a solid
without testing. In most cases, it will be
obvious whether a material is
transparent or not, so testing is not
required to verify the classification of a
material as transparent or not. However,
in cases in which the amount of light
transmittance is not obviously at least
65%, such as basic models with special
decals or opaque glass, the referenced
test procedure must be used to
determine if a material is transparent or
not. Because use of this additional test
procedure would not be required to
determine the energy consumption of
covered equipment in all cases, DOE
does not believe this proposed
amendment would add additional
burden for most manufacturers
conducting the DOE test procedure.
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DOE requests comments from
interested parties on the proposal to
define ‘‘transparent’’ based on the
optical properties of the material, as
determined by ASTM E 1084–86
(Reapproved 2009) as incorporated by
reference.
b. Definition of Equipment With
Transparent Doors Versus Solid Doors
DOE received questions regarding
what factors differentiate a CRE basic
model as a transparent-door model or a
solid-door model. In the energy
conservation standards specified at 10
CFR 431.66, DOE refers to equipment
families using the terms ‘‘closed solid’’
and ‘‘closed transparent’’ (for example
vertical closed solid (VCS) and vertical
closed transparent (VCT)). DOE believes
defining terms that are used directly in
the description of equipment classes for
commercial refrigeration equipment is
an appropriate way to differentiate basic
models with solid doors from basic
models with transparent doors. DOE
proposes to add new definitions for
‘‘closed solid’’ and ‘‘closed transparent’’
to the regulatory text at 10 CFR 431.62
as follows:
Closed transparent means equipment
with doors, and in which 75 percent or
more of the outer surface area of all
doors on the unit are transparent.
Closed solid means equipment with
doors, and in which more than 75
percent of the outer surface area of all
doors on a unit are not transparent.
These definitions would be used in
conjunction with the proposed
definition of transparent, as presented
in section III.B.2.a, to categorize
different basic models of commercial
refrigeration equipment.
In determining the fraction of
transparent door surface area to qualify
a basic model of commercial
refrigeration equipment as equipment
with transparent doors under the
proposal, DOE established a level higher
than 50 percent to ensure that only
transparent doors with a majority of
transparent surface area were
considered transparent doors. DOE
reviewed the definitions in the ENERGY
STAR® 6 ‘‘Version 2.1 Program
Requirements for Commercial
Refrigerators and Freezers’’ 7 (Version
6 ENERGY STAR is a joint program of the U.S.
Environmental Protection Agency and DOE that
establishes a voluntary rating, certification, and
labeling program for highly energy efficient
consumer products and commercial equipment.
Information on the program is available at
www.energystar.gov/index.cfm?c=home.index.
7 U.S. Environmental Protection Agency.
ENERGY STAR® Program Requirements for
Commercial Refrigerators and Freezers: Eligibility
Criteria; Version 2.1. Effective January 1, 2010. (Last
accessed August 15, 2013.) https://
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2.1 Program Requirements), as well as
associated stakeholder comments
received during the development of the
ENERGY STAR Version 2.1 Program
Requirements.8 In response to
stakeholder comments, the ENERGY
STAR Version 2.1 Program
Requirements adopted definitions of
‘‘solid door’’ and ‘‘transparent door’’
based on a threshold of greater than or
equal to 75 percent of front surface.
Based on these comments and
consistent with the ENERGY STAR
requirements, DOE proposes to adopt
the 75-percent criterion for
differentiating a transparent door from a
solid door. DOE believes that 75 percent
is a reasonable cutoff to differentiate
between a transparent door and a solid
door, as it would ensure that only cases,
in which a door on at least one side
where the majority of the surface area is
transparent, would be treated as cases
with transparent doors and subject to
applicable standards for transparent
cases based on TDA.
As an example of how these
definitions would apply to a basic
model of commercial refrigeration
equipment, consider a vertical closed
refrigerator with three transparent doors
on the front, with a surface area of 9 ft2
each, and one solid door on the back,
with an outer surface area of 9 ft2. This
case’s doors have a surface area of 36 ft2,
75 percent of which is transparent.
Thus, this basic model would be treated
as a part of the vertical closed
transparent equipment family under
DOE’s proposed definition. On the other
hand, if the bottom third of each door
were covered by an opaque mullion or
covering, this would reduce the
transparent surface area of each door to
6 ft2, or 18 ft2 in total and increase the
www.energystar.gov/ia/partners/product_specs/
program_reqs/Commercial_Refrigerator_and_
Freezer_Program_Requirements.pdf?dae6-ef7c.
8 See Continental Refrigerator, Comments on
Specification for Commercial Refrigerators and
Freezers, Version 2.0 Draft 3. Dated January 7. 2009.
Available at: https://www.energystar.gov/ia/
partners/prod_development/revisions/downloads/
refrig/Continental_Comments.pdf?f45c-2369;
Beverage-Air Corporation, Beverage-Air Comments
re: ENERGY VERSION 2.0—DRAFT 3, Dated
January 8, 2009. Available at: https://
www.energystar.gov/ia/partners/prod_
development/revisions/downloads/refrig/BeverageAir_Comments.pdf?f45c-2369 Anonymous,
Comments on Draft 2. Dated September 15, 2008.
Available at: https://www.energystar.gov/ia/
partners/prod_development/revisions/downloads/
refrig/Anonymous_Comments.pdf?f45c-2369 True
Manufacturing, Comments on Draft 2. Dated
September 17, 2008. Available at: https://
www.energystar.gov/ia/partners/prod_
development/revisions/downloads/refrig/True_
Comments.pdf?f45c-2369 Traulsen, Comments on
Draft 1. Dated April 18, 2008. Available at:
https://www.energystar.gov/ia/partners/prod_
development/revisions/downloads/refrig/Traulsen_
Comments.pdf?f45c-2369.
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solid surface area to 18 ft2 in total. In
this case, the basic model would be
treated as part of the vertical closed
solid equipment family.
DOE requests comment on its
proposed definitions of the terms
‘‘closed transparent’’ and ‘‘closed
solid.’’
3. Hybrid Equipment and Commercial
Refrigerator-Freezers
DOE also received a question about
the definition of a commercial hybrid
refrigerator-freezer and appropriate
standards for covered equipment in that
class.
At 10 CFR 431.62, DOE defines a
commercial hybrid refrigerator, freezer,
or refrigerator-freezer as having two or
more chilled and/or frozen
compartments that are in two or more
different equipment families, contained
in one cabinet, and sold as a single unit.
In other words, DOE currently defines
a commercial hybrid refrigerator,
freezer, or refrigerator-freezer as a single
unit consisting of two or more distinct
refrigerated compartments that do not
belong to the same equipment family.
For the sake of greater clarity, DOE
proposes to replace the definition of
‘‘commercial hybrid refrigerator, freezer,
and refrigerator-freezer’’ with a
definition of ‘‘commercial hybrid,’’ and
introduce a new definition of
‘‘commercial refrigerator-freezer.’’
Currently, there is no definition for
commercial refrigerator-freezer at 10
CFR 431.62, and thus DOE proposes one
here.
DOE proposes definitions for
‘‘commercial hybrid,’’ and ‘‘commercial
refrigerator-freezer’’ as set out in the
proposed amendments to 10 CFR 431.62
in this NOPR.
According to these proposed
definitions, a commercial hybrid
refrigerator-freezer would be a unit that
satisfies the definition of ‘‘commercial
hybrid’’ and the definition of
‘‘commercial refrigerator-freezer.’’ A
commercial (non-hybrid) refrigeratorfreezer is a unit that satisfies the
definition of commercial refrigeratorfreezer but does not satisfy the
definition of commercial hybrid
refrigeration unit.
An example of a commercial hybrid
refrigerator, freezer, or refrigeratorfreezer is a self-contained CRE basic
model with two compartments, one
belonging to the vertical closed
transparent (VCT) equipment family and
the other belonging to the horizontal
open (HZO) equipment family. If one
compartment (of the VCT–HZO hybrid
unit) is designed to operate in the
freezer temperature range and the other
in the refrigerator temperature range,
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then the basic model is a commercial
hybrid refrigerator-freezer. By contrast,
if a basic model of commercial
refrigeration equipment contains two
compartments, both of them belonging
to the VCT equipment family, but one
operates in the refrigerator temperature
range and the other in the freezer
temperature range, the basic model is a
commercial (non-hybrid) refrigeratorfreezer.
The method to calculate the
maximum daily energy consumption of
commercial hybrid refrigerators,
freezers, and refrigerator-freezers other
than (non-hybrid) refrigerator-freezers
with solid doors is described at 10 CFR
431.66(d)(2). For (non-hybrid)
refrigerator-freezers with solid doors,
the standard is specified at 10 CFR
431.66(b).
DOE requests comment on the clarity
and sufficiency of the proposed
definitions for ‘‘commercial hybrid’’ and
‘‘commercial refrigerator-freezer.’’
C. Relationship Among Rating
Temperature, Operating Temperature,
and Integrated Average Temperature
Since publication of the 2012 test
procedure final rule, DOE has received
inquiries from interested parties
regarding the terminology used to
describe the operating temperatures and
appropriate rating temperatures for
commercial refrigeration equipment for
which standards have been specified in
10 CFR 431.66. Currently, the table at 10
CFR 431.66(d)(1) describing the energy
conservation standards for equipment
other than hybrid equipment,
refrigerator-freezers, and wedge cases
refers to the ‘‘rating temperature’’ and
‘‘operating temperature’’ of equipment.
The table describing the applicable
test procedure for covered equipment at
10 CFR 431.64(b)(3) refers to the term
‘‘integrated average temperature.’’ DOE
defines ‘‘integrated average
temperature’’ as ‘‘the average
temperature of all the test package
measurements taken during the test.’’ 10
CFR 431.62 ‘‘[R]ating temperature’’ is
the integrated average temperature at
which a model of commercial
refrigeration equipment should be
evaluated in accordance with the DOE
test procedure. ‘‘[O]perating
temperature’’ refers to the range of
integrated average temperatures at
which the unit of commercial
refrigeration equipment is capable of
operating. The operating temperature
provides a means for differentiating
among refrigerators, freezers, and icecream freezers. For example, a
commercial refrigerator has an operating
temperature range at or above 32 °F and
should be tested, in accordance with the
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DOE test procedure, with the integrated
average temperature maintained at the
rating temperature of 38 °F for
refrigerators. A commercial freezer with
an operating temperature range below
32 °F should be tested, in accordance
with the DOE test procedure, with the
integrated average temperature
maintained at the rating temperature for
freezers of 0 °F. 10 CFR 431.66(d)(1) The
‘‘rating temperature’’ in the standards
table at 10 CFR 431.66(d)(1) is the same
as the rating temperature in the table at
10 CFR 431.64(b)(3), except that the
integrated average temperature in the
table at 10 CFR 431.64(b)(3) has a
tolerance of ±2 °F to account for the
inherent variability associated with
testing.
The integrated average temperature is
determined as a result of testing, while
the rating temperature is a nominal
value representing the target integrated
average temperature for a given test. The
intended relationship between these
two terms is that, when testing a given
unit of commercial refrigeration
equipment, the integrated average
temperature observed during the test
should fall within the allowed tolerance
(±2 °F) of the prescribed rating
temperature for that unit, based on its
designated equipment class. The
designated equipment class for a model
of commercial refrigeration equipment
and, thus, the associated rating
temperature, are determined based on
the range of operating temperatures for
that unit, among other factors.
To clearly articulate the relationship
between these terms in the language at
10 CFR part 431, subpart C, DOE
proposes to amend 10 CFR 431.64 to
state that the integrated average
temperature determined as a result of
testing a unit shall be within ±2 °F of
the prescribed rating temperature for
that unit’s equipment class, as specified
in the table at 10 CFR 431.66(d)(1). DOE
also proposes to include definitions for
the terms ‘‘rating temperature’’ and
‘‘operating temperature’’ at 10 CFR
431.62 as follows:
Rating temperature means the
integrated average temperature a unit
must maintain during testing (i.e., either
as listed in the table at 10 CFR
431.66(d)(1) or the lowest application
product temperature).
Operating temperature means the
range of integrated average temperatures
at which a commercial refrigeration unit
is capable of operating.
DOE believes that these definitions
would provide clarification of the
relationship among the terms integrated
average temperature, rating temperature,
and operating temperature.
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While DOE uses the operating
temperature range of the equipment to
establish the appropriate equipment
class for CRE basic models based on the
standards table at 10 CFR 431.66(d)(1),
only the definition of ‘‘ice-cream
freezer’’ explicitly identifies the
appropriate operating range (i.e., at or
below ¥5 °F). 10 CFR 431.62. In fact,
DOE currently does not independently
define ‘‘commercial refrigerator’’ or
‘‘commercial freezer.’’ Therefore, DOE
also proposes to establish definitions for
‘‘commercial refrigerator’’ and
‘‘commercial freezer’’ as set out in the
proposed amendments to 10 CFR 431.62
in this NOPR.
DOE has proposed a definition for
‘‘commercial refrigerator-freezer’’ above
(see section III.B.3), and DOE’s
definition of ‘‘ice-cream freezer’’ can be
found at 10 CFR 431.62. The definition
of ice-cream freezer specifies additional
requirements for a freezer to be
classified as an ice-cream freezer. The
definition for ice-cream freezer included
at 10 CFR 431.62 states that an icecream freezer means a commercial
freezer that is designed to operate at or
below ¥5 °F (¥21 °C) and that the
manufacturer designs, markets, or
intends for the storing, displaying, or
dispensing of ice cream.
DOE recognizes that some basic
models may have operating
characteristics that include an operating
temperature range that spans multiple
equipment classes. For example, a CRE
model with an operating temperature
range of >15 °F and <36 °F meets the
definition of both a commercial
refrigerator (capable of operating at or
above 32 °F) and a commercial freezer
(capable of operating below 32 °F). The
current language does not make clear
how to categorize this model. DOE is
proposing language that specifies how
to appropriately characterize basic
models operating over temperature
ranges that span multiple equipment
classes. Specifically, DOE proposes that
equipment meeting the definition of
multiple equipment classes when
operated as intended by the
manufacturer would have to be tested
and certified as each of these equipment
classes to demonstrate compliance with
DOE’s energy conservation standards.
The CRE model described above with an
operating temperature range of >15 °F
and <36 °F would need to be tested and
certified as both a commercial
refrigerator and a commercial freezer.
DOE requests comment on its
proposed definitions for ‘‘operating
temperature’’ and ‘‘rating temperature,’’
and its proposal to clarify the
relationship between integrated average
temperature and rating temperature.
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DOE also requests comment on its
proposed definitions of ‘‘commercial
refrigerator’’ and ‘‘commercial freezer.’’
D. Proper Configuration and Use of
Components or Features in the DOE
Test Procedure
DOE has received several inquiries
from interested parties regarding the
proper configuration and use of certain
components or features specified in the
DOE test procedure. Specifically,
interested parties have inquired
regarding how energy management
systems and case lighting are to be
operating when conducting the DOE test
procedure, and the appropriate
temperatures of test packages when
loaded into the test unit. These inquiries
and DOE’s responses are summarized in
the subsequent sections.
1. Energy Management Systems
DOE has received inquiries from
interested parties regarding how to test
CRE units equipped with automated
energy management controls,
specifically those that turn off
merchandising lights and raise the
cabinet temperature (in the case of some
beverage merchandisers) outside of
normal merchandising hours.
The DOE test procedure specifies that
all devices that would normally be used
in the field must be installed and
operated in the same manner during the
test unless such installation and
operation is inconsistent with any
requirement of the test procedure.9 Such
devices include energy management
systems. DOE interprets energy
management systems as meaning
electronic devices that control specific
systems in commercial refrigeration
equipment to save energy. Moreover,
DOE research indicates that applicable
energy management systems are
permanently installed on the case and
configured to operate automatically
without the intervention of an operator
after configuration is complete. For
example, an operator may be required
initially to program the energy
management device to turn off case
lighting based on a particular schedule.
However, once programmed, an energy
management system would continue to
perform the desired function, in this
case altering case lighting automatically
without further intervention by the
operator. Further examples of the
functions of energy management
systems include, but are not limited to:
9 ASHRAE 72–2005, section 6.1.1, ‘‘Accessories,’’
as incorporated by reference into the DOE test
procedure at 10 CFR 431.64.
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• Turning off cabinet lights on a
predetermined schedule or in response
to an external variable;
• increasing the temperature setting
of the thermostat (in refrigerators that
store non-perishable items) during nonmerchandizing hours; and
• activating and deactivating antisweat heaters, pan heaters, or defrost
heaters.
If normal field installation or
operation of any device would be
inconsistent with any test procedure
requirement, then the specific function
of that device that causes inconsistency
with the DOE test procedure provisions
must be disabled for the duration of the
test. If the device is designed for
multiple functions, only those functions
of the device that cause inconsistency
with the DOE test procedure
requirements must be disabled.
For example, the DOE test procedure
requires that all equipment that can
operate at the DOE-specified rating
temperatures (i.e., 38 ± 2 °F, 0 ± 2 °F,
and ¥15 ± 2 °F) be operated at those
rating temperatures during the test. 10
CFR 431.64 If an energy management
system raises or lowers the cabinet
temperature such that the applicable
integrated average temperature cannot
be maintained within the rating
temperature ranges, then the function of
the energy management system that
varies the cabinet temperature must be
disabled for the duration of the test. If
the energy management system controls
other systems, in addition to cabinet
temperature, those functions of the
energy management system should
remain enabled, provided those
functions do not violate the
requirements of the DOE test procedure.
Therefore, if the installed energy
management system is not able to
disable those functions that violate
certain test procedure provisions while
other functions remain operational, the
entire energy management system must
be disabled during testing.
2. Lighting
DOE received an inquiry from an
interested party regarding the
appropriate position for a manual light
switch when testing commercial
refrigeration equipment with an
operable light switch.
The DOE test procedure specifies that
all devices that would normally be used
in the field must be installed and
operated in the same manner during the
test. 10 CFR 431.64. Specifically, ARI
Standard 1200–2006 (as incorporated by
reference in the 2006 test procedure
final rule) and AHRI Standard 1200–
2010 (as incorporated by reference in
the 2012 test procedure final rule and
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this proposed test procedure update)
specify that the TDEC or combined daily
energy consumption (CDEC) for selfcontained or remote condensing cases,
respectively, ‘‘shall include
compressors, evaporator fan motors,
condensing fan motors, lighting, anticondensate loads including fans and
heaters, defrost heaters, condensate
evaporator pans, and any other suitable
electrical loads when they are part of
the unit.’’ This explicit reference to case
lighting loads indicates that the energy
consumption associated with lights
installed on a model of commercial
refrigeration equipment are intended to
be captured during testing.
In addition, the DOE test procedure,
through AHRI Standard 1200–2010,
references ASHRAE 72–2005, ‘‘Method
of Testing Commercial Refrigerators and
Freezers,’’ to specify the appropriate test
apparatus and conditions suitable for
determining the energy consumption of
commercial refrigeration equipment. 10
CFR 431.64. ASHRAE 72–2005
specifies, in section 6.1.1,
‘‘Accessories,’’ that ‘‘all standard
components, such as shelves, end
enclosures, lights, anti-condensate
heaters, racks, and similar items that
would normally be used during
shopping or working periods, shall be
installed and used as recommended by
the manufacturer.’’ DOE interprets this
requirement to mean that if lighting is
installed on the case, the lighting should
be operated as intended to be used in
the field. For example, if a vertical solid
case has lighting installed within the
case that turns on only when the door
is opened, but remains off when the
doors are closed, the lighting in that
case should be left to operate in the
same manner during testing. In other
words, the lighting should be turned on
only during the periods of the test when
the door is required to be open.
In the 2012 test procedure final rule,
DOE adopts specific provisions for
testing lighting control systems that
have variable operation, such as lighting
occupancy sensors that control lighting
based on the presence of customer
activity in front of the case and
scheduled controls that control case
lighting based on a pre-set schedule. 77
FR at 10298–302 (Feb. 21, 2012). Due to
the variety of types of lighting controls
and schemes available on the market,
the existing provisions for ‘‘accessories’’
may prove insufficient to yield
consistent results during testing.
Therefore, in the 2012 test procedure
final rule, DOE establishes specific time
periods these variable lights may be
turned off or dimmed during the test to
account for energy savings due to
installed occupancy sensors or
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scheduled lighting controls. 77 FR at
10319–10320 (Feb. 21, 2012).
DOE wishes to clarify that a
mechanical light switch does not
constitute an energy management
system, such as scheduled lighting
controls or occupancy sensors. Models
of commercial refrigeration equipment
with lighting installed on the case and
no energy management system should
be tested with lights on to their
maximum illumination level for the
duration of the test, except for models
with solid doors in which the
manufacturer instructs the use of
lighting controls that automatically turn
off internal case lighting when the door
is closed. For such models, the lighting
control should be operated in the
automatic setting, consistent with
manufacturer recommendations, even if
the model has a manual switch that
disables the automatic lighting control.
In general, except for the case noted
above, any lighting controls with a userselectable setting must be turned on and
set to the maximum usage position.
Under the current CRE test procedure,
models featuring an automatic, non-user
adjustable controller, such as a lighting
occupancy sensor or scheduled lighting
controller, must be disabled such that
any case lighting is in its maximum
illumination setting during testing. After
the provisions adopted in the 2012 test
procedure become effective, in
association with the compliance date of
any amended standards for commercial
refrigeration equipment, models with
lighting occupancy sensors or scheduled
lighting controls should be operated in
accordance with the 2012 amendments
to the DOE test procedure for
commercial refrigeration equipment. 77
FR at 10319–10320 (Feb. 21, 2012). For
further discussion of energy
management systems, please refer to
section III.D.1.
To clarify DOE’s existing test
procedure, DOE proposes to specify in
appendix A to Subpart C that all
lighting must be energized to the
maximum illumination level for the
duration of testing for commercial
refrigeration equipment except for
closed solid models of commercial
refrigeration equipment which includes
automatic controls that disable case
lighting when the door is closed, the use
of which is specified by the
manufacturer instructions. DOE also
proposes to specify in appendix B to
subpart C, which will be required for
equipment testing on or after the
compliance date of any amended energy
conservation standards, that case
lighting shall be energized to its
maximum illumination level, except for
when a model of commercial
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refrigeration equipment is equipped
with lighting occupancy sensors and/or
scheduled controls, or when the a
model is outfitted with other
permanently installed, automatic energy
management systems that control case
lighting. If the unit includes an
automatic lighting control system, it
should be enabled during test. If the
unit is equipped with lighting
occupancy sensors and controls in
should be tested in accordance with the
provisions adopted in the 2012 test
procedure final rule. 77 FR at 10319–
10320 (Feb. 21, 2012).
3. Test Package Temperatures
Some manufacturers have inquired
whether the DOE test procedure has
specific temperature requirements for
the test simulators and filler packages
that must be met prior to loading the
packages in the commercial refrigeration
equipment for testing pursuant to the
DOE test procedure found at 10 CFR
431.64. Specifically, several
manufacturers have expressed the
opinion that test simulators and filler
packages should be pre-chilled to the
temperature at which the equipment
will be tested prior to loading. The
manufacturers expressed concern that
equipment should not be operating in a
pull-down capacity 10 during the test.
The ASHRAE 72–2005 method of test,
as referenced by ARI Standard 1200–
2006 and AHRI Standard 1200–2010,
and thus incorporated by the DOE test
procedure at 10 CFR 431.64, provides
specific instruction at section 6.2 as to
the loading of test simulators and filler
packages. ASHRAE 72–2005 also
requires temperature stabilization before
the formal test period begins, as detailed
in Section 7.4. Specifically, the unit
must run until ‘‘steady state’’
conditions, as defined in section 3, are
achieved. ‘‘Steady state’’ is defined as
‘‘the condition where the average
temperature of all test simulators
changes less than 0.2 °C (0.4 °F) from
one 24-hour period or refrigeration cycle
to the next.’’ After steady-state operation
is reached, the unit must then operate
for another period of 12 hours without
any adjustment to the controls before it
is deemed to be stabilized and the
testing can begin. Based on these
established stabilization requirements,
the product simulators and test
packages would be cooled to the test
temperature prior to initiation of the test
period and data collection, and the unit
of commercial refrigeration equipment
10 Pull-down capacity refers to a commercial
refrigerator, freezer, or refrigerator-freezer, which is
not operating in steady-state condition, but is
instead actively reducing the temperature of
products contained within the refrigerated space.
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under test would not operate in a pulldown application during any part of the
DOE test procedure. Thus, DOE does not
believe the product simulators or test
packages need to be a specified
temperature prior to loading in the
commercial refrigeration equipment for
testing.
E. Treatment of Other Specific
Equipment Features and Accessories
During Testing
During the ongoing negotiated
rulemaking for certification of
commercial heating, ventilation, air
conditioning, refrigeration, and water
heating equipment, a number of issues
were raised by stakeholders regarding
the treatment during the DOE test
procedure of specific features,
components, and accessories which may
be in place on certain basic models of
commercial refrigeration equipment.
After discussion with those stakeholders
during the negotiation proceedings,
DOE seeks to issue clarifications on
these subjects. The ensuing sections
discuss specific features, components,
and accessories and present DOE’s
proposals regarding how these items
should be treated under the existing and
any amended DOE test procedure
provisions.
1. Customer Display Signs/Lights
Manufacturers stated that some
customers, when ordering commercial
refrigeration equipment, may wish to
add additional exterior signage, outside
of the body of the refrigerated cabinet,
to certain units of a given model for the
purposes of advertising the product
inside. This lighting and signage is
optional and is not integral to the
cabinet. Further, this auxiliary signage
does not serve to illuminate product
inside the body of the cabinet. During
the negotiations, stakeholders inquired
regarding how this lighting or signage
should be treated during testing.
DOE proposes that under the DOE test
procedure, all lighting that is integral to
the refrigerated cabinet or illuminates
the product contained within must be
operational during the test. Under
DOE’s proposal, supplemental lighting
that exists solely for the purposes of
advertising or drawing attention to the
case and is not integral to the case
would not be operated during testing
under the DOE test procedure. DOE is
proposing to add clarifying language in
the regulatory text to address customer
display signs/lights.
2. Condensate Pan Heaters and Pumps
Commercial refrigeration equipment
captures water from the air entering the
cabinet during operation by causing the
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water to condense and then freeze on
the evaporator coil of the equipment.
During a defrost cycle, this frost is
melted, and the meltwater produced
must be removed from the unit. In many
types of equipment, this meltwater is
collected in a pan beneath the unit.
Some models of commercial
refrigeration equipment come equipped
with electric resistance heaters which
evaporate this water out of the pan and
into the ambient air. Other models may
come equipped with pumps, which
pump meltwater to an external drain.
Stakeholders inquired regarding the
treatment of these condensate pan
heaters and condensate pumps under
the DOE test procedure.
DOE proposes that, during the DOE
test procedure, these electric resistance
heaters and condensate pumps must be
installed and operational during the
entire test (as per section 6.1.1,
‘‘Accessories,’’ of ASHRAE 72–2005).
The ‘‘entire test’’ includes stabilization
(including pull-down), steady-state and
performance testing periods. Prior to the
start of the stabilization period, as
defined by ASHRAE 72–2005, the
condensate pan should be dry. During
the entirety of the period of the test
following the start of the stabilization
period, any condensate moisture
generated should be allowed to
accumulate in the pan, as it would
during normal operations. Water should
not be manually added to or removed
from the condensate pan at any time
during the entire test.
DOE is aware that manufacturers may
offer condensate pan heaters and pumps
such that they are shipped separately
from, or not installed upon, the specific
unit of commercial refrigeration
equipment with which they would be
used in normal operation. DOE proposes
that, if the manufacturer offers a given
basic model for sale with an available
condensate pan heater or pump, the
manufacturer must make
representations of the performance of
the basic model as tested with the
feature in place. DOE is proposing to
add clarifying language in the regulatory
text to address condensate pan heaters
and pumps.
3. Anti-Sweat Door Heaters
Many transparent-door cases come
equipped with anti-sweat electric
resistance heaters that serve to
evaporate any water that condenses on
the transparent surface of the door
during operation. In some instances,
manufacturers may equip their cases
with higher-powered anti-sweat heaters
in anticipation of potential adverse
operation conditions. During the
negotiation proceedings, stakeholders
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questioned how cases equipped with
high-wattage anti-sweat door heaters
should be treated during testing.
DOE proposes that anti-sweat heaters
should be operational during testing
under the DOE test procedure. Models
with a user-selectable setting must be
turned on and set to the maximum
usage position. Models featuring an
automatic, non-user adjustable
controller that turns on or off based on
environmental conditions must be
operating in the automatic state.
Additionally, DOE proposes that, if a
unit is not shipped with a controller
from the point of manufacture, and is
intended to be used with a controller,
the manufacturer must make
representations of the basic model based
upon the rated performance of that basic
model as tested when equipped with an
appropriate controller. DOE is
proposing to add clarifying language in
the regulatory text to address anti-sweat
door heaters.
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4. Ultraviolet Lights
Some manufacturers equip certain
models of commercial refrigeration
equipment with ultraviolet lights, which
can be operated by end users to
neutralize pathogens and ensure case
cleanliness. Manufacturers inquired as
to how these should be treated during
the DOE test procedure. DOE proposes
that ultraviolet lights should not be
turned on during the conduct of the test
procedure and is adding regulatory text
to clarify.
5. Illuminated Temperature Displays
and Alarms
Manufacturers may equip some
commercial refrigeration equipment
models with illuminated displays that
provide visual information to the
equipment operator regarding, for
example, the temperature inside the
refrigerated case. Manufacturers may
also offer alarms that notify operators if
the case temperature falls outside of a
specified range. DOE understands these
items to be features integral to the
design of the given model and proposes
that they should be enabled during the
test as they would be during normal
field operation. DOE is proposing to add
clarifying language in the regulatory text
to address illuminated temperature
displays and alarms.
6. Condenser Filters
Manufacturers may offer models
equipped with non-permanent filters
over a model’s condenser coil to prevent
particulates such as flour from blocking
the condenser coil and reducing airflow.
DOE proposes that these filters should
be removed during the DOE test
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procedure and proposes to add
clarifying language as part of the
regulatory text.
7. Refrigeration System Security Covers
Manufacturers may offer for sale with
a basic model an option to include
straps or other devices to secure the
condensing unit and prevent theft or
tampering. DOE proposes that these
security devices should be removed
during testing under the DOE test
procedure and proposes to add
clarifying language as part of the
regulatory text.
8. Night Curtains and Covers
During the negotiated rulemaking
proceedings, manufacturers inquired
regarding the treatment of night curtains
and night covers under the DOE test
procedure. This feature is defined at 10
CFR 431.62, as a device that is deployed
temporarily to decrease air exchange
and heat transfer between the
refrigerated case and the surrounding
environment. Additionally, the proper
treatment of these components during
the conduct of the DOE test procedure
is discussed in the current text of the
DOE test procedure, 10 CFR 431.64, as
amended by the 2012 DOE test
procedure final rule. These provisions
are reflected at section 1.2.10 in
appendix B. Night curtains may not be
used when testing under appendix A.
9. Grill Options
Manufacturers may offer for sale with
a basic model optional grills which are
used to direct airflow in unique
applications, such as when a unit is
mounted close to a rear wall and the
airflow needs to be directed upwards.
DOE proposes that, if present, nonstandard grills should be removed
during testing under the DOE test
procedure and proposes to add
clarifying language as part of the
regulatory text.
10. Coated Coils
During the negotiations,
manufacturers inquired as to whether
units featuring coated coils are subject
to testing under the DOE test procedure.
These coils, generally specified for use
in units that will be subjected to
environments in which acids or
oxidizers are present, are treated with
an additional coating (such as a layer of
epoxy or polymer) as a barrier to protect
the bare metal of the coil from
deterioration through environmental
contact. DOE believes the existing DOE
test procedure accurately accounts for
the performance of all types of coils,
including those with coatings and that
no additional accommodations or
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clarifications are needed in the test
procedure. Commercial refrigeration
equipment with coated coils shall be
tested in accordance with the DOE test
procedure, as specified at appendices A
and B to subpart C of 10 CFR part 431,
in their entirety.
11. Internal Secondary Coolant Circuits
One manufacturer asked for
clarification of the treatment of a unit
that features an internal, secondary,
working fluid that is cooled by a remote
condensing unit. This proprietary
design purportedly allows for greater
control of unit temperature, and may
present other attributes desirable to a
customer. Upon discussion and
examination of the design during the
negotiation proceedings, DOE found no
evidence indicating that this design
could not be tested using the DOE test
procedure as written, as the operation of
equipment with internal secondary
coolant circuits would be effectively the
same as that of a standard remote
condensing case from the perspective of
the test procedure.
12. Wedge Cases
Wedge cases are models of
commercial refrigeration equipment that
fit between two other cases to fill a gap
(such as in a corner) in a continuous
case lineup. They may require air
spillover from adjacent cases to meet the
manufacturer’s design temperatures.
During the negotiation proceedings,
manufacturers inquired as to how
wedge cases should be treated under the
DOE test procedure.
DOE considered the coverage and
testing of wedge cases in the 2009
energy conservation standards final
rule. Based on that assessment, DOE
understands that wedge cases meet the
definition of commercial refrigeration
equipment and fall into existing CRE
equipment classes. At this time, DOE is
unaware of any technical attributes that
prevent wedge cases from being tested
using the DOE test procedure, or where
the DOE test procedure is not
representative of the energy use of a
given basic model of wedge case. If
manufacturers determine that these
circumstances exist, they may seek a
test procedure waiver for that model
pursuant to DOE regulations at 10 CFR
431.401. Consistent with these
regulations, DOE will consider
amendments to its test procedure to
accommodate such equipment.
13. Misting or Humidification Systems
Manufacturers may offer for sale with
a basic model optional misting or
humidification systems, which dispense
a water mist used to maintain the
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optimal quality of products. These are
commonly used with cases containing,
for example, fresh produce, meat, or
seafood. DOE proposes that, if present,
these systems should be inactive during
testing under the DOE test procedure
and proposes to add clarifying language
as part of the regulatory text.
14. Air Purifiers
Manufacturers may offer for sale
purifying systems to remove
contaminants from air recirculated
within the interior of a refrigerated case.
DOE proposes that air purifiers should
be inactive during testing under the
DOE test procedure and proposes to add
clarifying language as part of the
regulatory text.
15. General Purpose Outlets
Some commercial refrigeration
equipment may be offered for sale with
integrated general purpose electrical
outlets, which may be used to power
additional equipment such as scales or
slicers. During the negotiations,
manufacturers inquired as to the
treatment of these outlets. DOE proposes
that, during testing under the DOE test
procedure, no external load should be
connected to the general purpose outlets
contained within a unit and proposes to
add clarifying language as part of the
regulatory text.
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16. Crankcase Heaters
Some models of self-contained
commercial refrigeration equipment
feature electric resistance heaters
designed to keep the compressor warm
in order to maintain the refrigerant
contained within at optimal conditions
when the unit is operating at low
ambient temperatures. DOE proposes
that, if present, crankcase heaters
should be operational during the test.
Under this proposal, if a control system,
such as a thermostat or electronic
controller, is used to modulate the
operation of the crankcase heater, it
should be used as intended per the
manufacturer’s instructions. DOE is
proposing to add clarifying language
regarding testing units with crankcase
heaters.
17. Interior/Exterior Liners
Manufacturers may offer for sale a
variety of different interior or exterior
liner materials with a given commercial
refrigeration equipment basic model.
These liners, by virtue of differences in
thickness, composition, and other
physical attributes, could change the
insulative properties of the case walls,
and thus alter the energy consumption
of the case. Manufacturers inquired
during the negotiations regarding the
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treatment of cases with different interior
or exterior liners. The test procedure
estimates the heat loss from the
refrigerated space to the surroundings
by measuring the amount of energy
needed to maintain the refrigerated
space at the given rating temperature.
Consequently, DOE believes that the
DOE test procedure adequately accounts
for variability in the energy
consumption of models with different
liner types just as it accounts for the
difference energy performance of
models with varying levels of
insulation. Therefore DOE is not
proposing any additional measures to
accommodate these equipment features.
F. Rounding of Test Results and
Certified Ratings
DOE’s requirements for calculating
test results and certified ratings for
covered commercial refrigeration
equipment are found at 10 CFR 431.64
and 10 CFR 429.42, respectively. The
DOE test procedure currently prescribes
that the daily energy consumption of a
unit of commercial refrigeration
equipment must be determined in
accordance with the DOE test
procedure. The current DOE test
procedure, which incorporates by
reference provisions from ARI Standard
1200–2006 and AHRI Standard 1200–
2010, requires that the CDEC, for remote
condensing equipment, and the TDEC,
for self-contained refrigeration
equipment, be expressed in terms of
kilowatt-hours (kWh) per day and must
be stated in increments of 0.01 kWh per
day.
Consequently, DOE is proposing
clarifications to 431.64 that all
calculations in the DOE test procedure
must be carried out using raw, measured
values, and the results from the testing
of a single unit of a given basic model
should be expressed in 0.01 kWh per
day.
Similarly, DOE notes that these
calculation and rounding requirements
are also applicable to reporting certified
ratings for a basic model, in accordance
with the requirements for certified
ratings for commercial refrigeration
equipment described at 10 CFR 429.42.
Therefore, DOE also proposes to update
the language at 10 CFR 429.42 to reflect
the same rounding requirements,
namely that certified ratings shall be
expressed in 0.01 kWh per day
increments.
DOE requests comment on its
proposed rounding provisions for
commercial refrigeration equipment.
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G. Testing at the Lowest Application
Product Temperature
DOE defines equipment classes for
commercial refrigeration equipment
based on three distinct operating
temperature ranges: (1) Refrigerators
that have operating temperatures at or
above 32 °F and are tested at a rating
temperature of 38 °F (±2 °F); (2) freezers
that have operating temperatures below
32 °F and are tested at a rating
temperature of 0 °F (±2 °F); and (3) icecream freezers that have operating
temperatures at or below ¥5 °F and are
tested at a rating temperature of ¥15 °F
(±2 °F). 10 CFR 431.64; id.
§ 431.66(d)(1).
In the 2012 test procedure final rule,
DOE establishes provisions for testing
equipment that is not capable of
achieving the prescribed rating
temperature for its respective equipment
class. This equipment includes, for
example, floral cases, which commonly
feature operating temperatures of 40–50
°F, and ice storage cases, which often
have operating temperatures near 20 °F.
These equipment types do not have
operating temperatures that are low
enough to meet their respective rating
temperature requirements. The 2012 test
procedure amendments specify that
such equipment must be tested at its
lowest application product temperature
(LAPT), instead of the specified rating
temperature for its given equipment
class. 77 FR at 10320 (Feb. 21, 2012).
DOE regulations at 10 CFR 431.62
define LAPT as an integrated average
temperature closest to the specified
rating temperature for a given piece of
equipment achievable which is
repeatable such that the integrated
average temperature of a given unit is
within ±2 °F of the average of all
integrated average temperature values
for that basic model. For cases with
thermostats, this will be the lowest
thermostat set point. DOE adopted this
provision to eliminate the need for
waivers for commercial refrigeration
equipment that are not capable of
operating at the prescribed rating
temperature for their equipment class,
but that otherwise can be tested in
accordance with the DOE test
procedure.
To clarify, if a certain basic model of
commercial refrigeration equipment
cannot be operated at the prescribed
rating temperature for its given
equipment class, the manufacturer must
test the equipment at the LAPT. The
equipment must be tested in accordance
with all the requirements of the DOE
test procedure, except that the rating
temperature for this equipment will be
the LAPT and the integrated average
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temperature measured during the test
will be within ±2 °F of the LAPT instead
of within ±2 °F of the prescribed rating
temperature for that equipment class.
The LAPT is the lowest temperature
at which a given basic model is capable
of operating. For example, if a basic
model of freezer has an operating range
from 8 to 28 °F, and thus cannot operate
at the prescribed rating temperature of
0 °F, that basic model would be tested
at its LAPT. The LAPT for the case in
this example would be 8 °F because that
is the lowest operating temperature
achievable by the basic model.
However, 8 °F would be the LAPT for
the given basic model only if any unit
of this basic model could achieve the
specified LAPT of 8 °F ± 2 °F. To
elaborate, if DOE were to randomly
select a representative unit of this model
to test for compliance purposes, DOE
should be able to test the unit such that
an integrated average temperature
between 6 °F and 10 °F is maintained
over the duration of the test procedure
after setting the unit to maintain an
internal refrigerated temperature of 8 °F.
The selected unit must not be able to
operate at 0 °F.
To clarify the intent and application
of the LAPT, DOE proposes to modify
the definition of LAPT as follows as set
out in the proposed amendments to 10
CFR 431.62 in this NOPR.
Although ASHRAE 72–2005 is
currently evoked as the DOE method of
test through DOE’s incorporation by
reference of ARI 1200–2006 and AHRI
1200–2010 as the test procedure for
commercial refrigeration equipment,
DOE has never specifically incorporated
by reference ASHRAE 72–2005. Due to
the explicit reference of ASHRAE 72–
2005 in the proposed definition of LAPT
in this NOPR, DOE proposes to
incorporate by reference ASHRAE 72–
2005 at 10 CFR 431.63.
DOE requests comment on its
proposed modification to the LAPT
definition and its proposal to
incorporate by reference ASHRAE 72–
2005.
As specified in the 2012 test
procedure final rule, equipment tested
in accordance with the LAPT provisions
will still be subject to the relevant
energy conservation standards for the
designated equipment class. 77 FR at
10302–10303 (Feb 21, 2012). In
addition, equipment rated under the
LAPT provision will be subject to the
same certification requirements as all
commercial refrigeration equipment, as
specified at 10 CFR 429.42. While DOE
did not modify the certification
requirements for equipment tested at the
LAPT in the 2012 test procedure final
rule to require manufacturers to report
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the temperature at which the unit was
tested (if other than the rating
temperature), DOE requires that
documentation to support the selection
of the LAPT the manufacturer used for
testing be maintained as part of the test
data underlying the certification. 77 FR
at 10303 (Feb. 21, 2012). Further, DOE
requires that the certified ratings
calculated from the test data and
applicable sampling plans should reflect
the energy consumption measured at the
LAPT. 77 FR at 10303 (Feb. 21, 2012).
H. Clarifications in Response to
Interpretations to AHRI Standard 1200–
2010
In addition to responding to inquiries
from interested parties regarding the test
procedure for commercial refrigeration
equipment, in this NOPR DOE also
proposes to clarify its test procedure to
respond to issues identified by several
recent industry interpretations of the
referenced industry test procedure,
AHRI Standard 1200–2010.
The 2012 test procedure final rule
amends the DOE test procedure for
commercial refrigeration equipment to
reference AHRI Standard 1200–2010 as
the method of test to be used as of the
compliance date of any amended
standards established as part of the
ongoing energy conservation standards
rulemaking. 77 FR at 10295–96 (Feb. 21,
2012).
Since publication of the 2012 test
procedure final rule, AHRI has
published five interpretations to AHRI
Standard 1200–2010. Interpretations 1
through 4 to AHRI Standard 1200–2010
were issued by AHRI to clarify the
method for calculation of TDA. While
both ARI Standard 1200–2006 and AHRI
Standard 1200–2010 provide
instructions for calculation of TDA for
standard equipment configurations,
Interpretations 1, 2, 3, and 4 to AHRI
Standard 1200–2010 extend this
guidance to certain configurations for
which AHRI believes the current
industry standard may be inadequate.
Interpretation 5 to AHRI Standard 1200–
2010 clarifies the approach for testing
commercial refrigeration equipment
with two independent refrigeration
sections.
A summary of the five AHRI
interpretations is laid out below:
Interpretation 1 clarifies that the
height measurement should be
representative of the visible area of
merchandise inside the case and should
not include glass area if the ‘‘view’’ is
blocked by solid features, such as a
honeycomb area or deck pans11.
11 Honeycomb area and deck pans are examples
of internal, solid components of commercial
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Interpretation 2 clarifies that, for a
refrigerator or freezer with multiple
glass doors, the length measurement for
TDA should be taken from inside wall
to inside wall, including the door
mullions and door frames.
Interpretation 3 clarifies that silk
screen-coated transparent material
should be treated as transparent and
included in TDA if the silk screen
provides at least 65 percent light
transmittance or if at least 65 percent of
the screen area is transparent;
otherwise, the silk screen-coated area
should be treated as non-transparent
and excluded.
Interpretation 4 clarifies how to
calculate the area and length of
commercial refrigerators, freezers, and
refrigerator-freezers with curved fronts.
Interpretation 5 clarifies that for
commercial refrigeration equipment
with two independent refrigeration
sections that each cool a separate
compartment, each compartment and
refrigeration system should be evaluated
independently.
For further details, AHRI’s
Interpretations 1 through 5 of ANSI/
AHRI Standard 1200 (I–P)—2010 are
available at www.ahrinet.org/
search+standards.aspx.
Test procedure guidance developed
and issued by industry regarding
referenced industry standards can be
helpful in identifying areas where
DOE’s existing test procedures may be
misinterpreted. As such, DOE has
reviewed Interpretations 1, 2, 3, 4, and
5 to AHRI Standard 1200–2010, which
provide guidance on how to calculate
TDA for certain unique equipment
configurations, and believes
Interpretations 1, 3, 4, and 5 of the AHRI
Interpretations also apply to ARI
Standard 1200–2006, which is
incorporated by reference in the DOE
test procedure. However, DOE finds that
Interpretation 2 is inconsistent with the
way DOE determines TDA for the
purposes of compliance with energy
conservation standards.
DOE believes the figures provided in
ARI Standard 1200–2006 and AHRI
1200–2010, as incorporated by reference
in the DOE test procedure, demonstrate
how to calculate TDA for many specific
equipment geometries. However, DOE
recognizes that there is no clear
statement of the principles one should
apply when determining the TDA of a
model in general. Accordingly, DOE is
refrigeration equipment that are integral to
operation of the unit, but may impact the view of
product for open to closed transparent cases.
‘‘Honeycomb’’ is a term in trade for the material of
which air grilles are often built, and deck pans are
solid structures used to hold product stored inside
a case.
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considering clarifying the method for
calculating TDA in the DOE test
procedure. DOE’s method is based on
defining TDA as the ‘‘projected visible
area’’ and, as such, is consistent with
Interpretation 1, which specifies that
TDA should be the and should not
include any transparent areas where the
view is blocked by solid features.
However, DOE’s method is not
consistent with Interpretation 2, which
includes solid features in the
calculation of TDA, such as door frames
and mullions. DOE’s method and the
proposed clarifications are laid out in
more detail below, in section III.I.
Interpretation 3 describes how to treat
silk screens and other semi-transparent
coverings on transparent doors or
panels. This interpretation relies on
AHRI’s definition of transparent as
greater than or equal to 65 percent light
transmittance. DOE is not proposing
additional modifications to the DOE test
procedure beyond the definition of
‘‘transparent’’ proposed in section
III.B.2.i.
Interpretation 4 provides guidance to
determine the area and length of
commercial refrigeration equipment
with curved fronts. While DOE agrees
with the interpretation, DOE notes that
there are theoretically many cases with
unusual geometries for which the
existing language and diagrams in ARI
Standard 1200–2006 and AHRI
Standard 1200–2010 (as incorporated by
reference into the DOE test procedure)
are sufficient even though they are not
depicted explicitly. Specifically, these
standards contain appendices, such as
appendix D of ARI 1200–2006, which
provide, by means of detailed diagrams,
instructions on how to measure the
dimensions of a wide variety of
commercial refrigeration equipment
geometries. As a result, DOE does not
propose further clarification of the DOE
test procedure based on Interpretation 4.
DOE also reviewed Interpretation 5,
which clarifies the method for
evaluating commercial refrigeration
equipment with more than one
refrigerated section and finds that
AHRI’s Interpretation 5 is consistent
with the DOE test procedure for these
systems, as specified at 10 CFR
431.66(d)(2)(i). This provision explains
how to test commercial refrigeration
equipment with more than one
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refrigerated sector; however, DOE
welcomes comment on whether
additional clarification in the regulatory
text is necessary.
I. Clarification of Methodology for
Measuring Total Display Area
In light of the publication of
Interpretations 1, 2, and 4 to AHRI
1200–2010, and as mentioned in section
H, DOE recognizes that there may be
ambiguity regarding the proper method
for measuring the value of TDA under
the DOE test procedure, which is used
in calculating a given unit’s allowable
maximum daily energy consumption
under the applicable standard. ARI
Standard 1200–2006 appendix D, as
incorporated by reference by the DOE at
10 CFR 431.63, provides a definition
and instructions on measurement of
TDA. Appendix D of ARI Standard
1200–2006 defines TDA as follows:
‘‘Total Display Area (TDA) is the sum
of the projected area(s) for visible
product.’’
Moreover, the standard provides a
general equation for calculating the
‘‘projected area(s),’’ in the form of:
TDA = Dh*L + Ae,
where
Ae = Projected area from visible product
through end walls
Dh = Dimension of projected visible product
L = Length of Commercial Refrigerated
Display Merchandiser
For the end walls (or sides) of display
merchandisers, the projected area for
visible products is represented by Ae.
Figures D13 through D16 of appendix D
of ARI Standard 1200–2006 and AHRI
Standard 1200–2010 provide
instructions on the measurement of Ae
for various end wall types present in
commercial refrigerated display
merchandisers. These figures show that
the area included in TDA includes only
those areas through which displayed
product is visible, irrespective of the
presence of other transparent areas
through which product cannot be
viewed. These figures illustrate that the
area to be included in the TDA
calculation is the sum of the ‘‘projected
area(s) for visible products.’’
For the front, back, or top faces of
display merchandisers, the projected
area for visible product is represented
by Dh*L. In ARI Standard 1200–2006
and AHRI Standard 1200–2010
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Standards, Figures D1 through D12
provide instructions on the
measurement of Dh for various
equipment configurations, including
different types of open cases and
vertical multi-deck cases with
transparent doors. However, they do not
provide explicit instruction on the
measurement of Dh for some case types,
including horizontal single-deck
merchandisers with transparent doors
(i.e., those of the DOE equipment family
‘‘horizontal closed transparent’’ or
HCT). For case types not depicted in the
figures, Dh should be measured
consistently with the method described
in the other figures and with the
definition given in the introduction to
the appendix. That is, Dh and L should
be measured as the dimension of the
projected visible product, representing
the dimension through which product
can be viewed irrespective of the
presence of any additional transparent
area through which product cannot be
viewed. An example of this is a vertical
multi-deck base with transparent doors,
where the transparent areas of the door
through which no transparent area is
projected onto the product zone 12 (i.e.,
the areas through which no product
loaded into the case could be directly
seen when viewed in the plane; the
upper and lower portions of the
transparent area) are not to be included
in Dh.
The converse is also true—areas of the
product zone which cannot be viewed
as part of a direct projection through a
transparent area are not to be included
in any measurement of Dh. The term
‘‘direct projection’’ refers to the view at
an angle perpendicular to the plane of
product presentation (facing area).
Figure III.1 and Figure III.2 illustrate
this concept, as they show
configurations in which the product
zone extends beyond the projected
visible area and is thus not included in
the measurement of Dh. The
measurement of Dh in practice should
be consistent with its definition as
solely the ‘‘dimension of projected
visible product.’’
12 The ‘‘product zone’’ is a term used to denote
the geometric region of a case which can be filled
with product using the included racks, shelves, or
other storage structures and without violating the
manufacturer’s instructions regarding load limits or
other constraints on product placement.
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Not induded in
64311
Not induded in ~
~
rL,
rL,
Figure 111.1 In the above end view of a horizontal open display case, the distance "Db" is the
dimension of the projected visible product, that being the dimension transverse to the length of the
case through which product can be viewed. Note that areas of the product zone which cannot be
viewed as part of a direct projection through the open top are not included in the measurement of
Db'
Transparent
R-oduct Sop
Figure 111.2 In the above end view of a service over counter display case, the distance "Db"
is the dimension of the projected visible product, that being the dimension transverse to the length
be viewed as part of a direct projection through the glass front, specifically that area obscured by
the metal light cover, are not included in the measurement of Db. Conversely, note that the area
visible through the transparent product stop is included, because product can be seen through it.
ARI Standard 1200–2006 defines the
third variable, ‘‘L’’, as the ‘‘length of
commercial refrigerated display
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merchandiser’’. While the definition
contains no figures or illustrations
instructing a user how to perform this
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measurement, the value of L should be
measured in a manner consistent with
the definition of TDA that includes only
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along the axis of the merchandiser, of
portions through which product can be
viewed from an angle normal to the
transparent area (i.e., the projected
linear dimension(s) of visible product).
Areas of opaque material which
overhang the product zone, as well as
areas of transparent material which do
not project upon a zone occupied by
product, should not be included in this
length. This method of measurement is
depicted in Figure III.3, and is
consistent with the instruction given for
calculation of Dh by Figure III.1 and
Figure III.2.
To clarify the calculation of TDA for
the purposes of conducting the DOE test
procedure, DOE proposes to add
clarifying text to the test procedure
explaining that the measurement of
TDA should be representative of the
‘‘dimension of projected visible
product’’ and that no opaque materials
or areas of transparent material through
which product cannot be viewed should
be included in the calculation of TDA.
DOE also proposes to add Figure III.1,
Figure III.2, and Figure III.3 to the
regulatory text in the CFR.
DOE believes that this proposal is a
clarification of DOE’s existing test
procedure and should not change the
measured energy consumption of
covered equipment. Therefore, DOE
proposes to include these amendments
in both appendix A, which is the test
procedure currently required for
equipment testing, and appendix B,
which will be required for testing on the
compliance date of any amended energy
conservation standards established as
part of the ongoing CRE energy
conservation standards rulemaking
(Docket No. EERE–2010–BT–STD–
0003).
conservation standard accordingly. (42
U.S.C. 6314(a)(6))
In the 2012 test procedure final rule,
DOE states that some test procedure
amendments will change the measured
energy consumption of some covered
equipment. 77 FR at 10295 and 10309
(Feb. 21, 2012). Specifically, DOE
determined the provisions to
accommodate testing of night curtains
and lighting occupancy sensors and
controls altered the measured energy
consumption of covered equipment. 77
FR at 10309 (Feb. 21, 2012). As such,
DOE establishes in the 2012 test
procedure final rule that use of the
amended test procedure for compliance
with DOE energy conservation
standards or representations with
respect to energy consumption of
commercial refrigeration equipment
would be required on the compliance
date of any revised energy conservation
standards, which are being considered
in an ongoing energy conservation
standards rulemaking (Docket No.
EERE–2010–BT–STD–0003). 77 FR at
10309 (Feb. 21, 2012).
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J. Compliance Date of Test Procedure
Amendments
In this NOPR, DOE also proposes to
reorganize the test procedure
requirements at 10 CFR 431.64 so they
are easier to understand and to update
the compliance date to reflect the fact
that the publication of the final rule for
the ongoing energy conservation
standards rulemaking has been
extended. (Docket No. EERE–2010–BT–
STD–0003).
EPCA 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 equipment as determined
under the existing test procedure. (42
U.S.C. 6314(a)(6)) Further, if DOE
determines that the amended test
procedure would alter the measured
efficiency of covered equipment, DOE
must amend the applicable energy
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the ‘‘projected area(s) for visible
product.’’ Therefore, the length L should
be measured consistent with the
methods given above for Dh, in that L
should correspond to the total length of
the transparent area of the merchandiser
through which product can be seen.
That is, L should be the total length,
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules
To improve clarity, DOE is proposing
to reorganize the language at 10 CFR
431.64 into appendices A and B.
Appendix A contains the test procedure
for commercial refrigeration equipment
established in the 2006 test procedure
final rule. DOE proposes to include the
amended test procedure, established in
the 2012 test procedure final rule, in
appendix B, which will be required to
be used on the compliance date of any
amended standards established in the
ongoing energy conservation standards
rulemaking (Docket No. EERE–2010–
BT–STD–0003).
DOE believes this reorganization will
help clarify the applicability of various
test procedure provisions with respect
to the standards compliance dates. DOE
requests comment on the reorganization
of the test procedure requirements at 10
CFR 431.64 into appendix A and
appendix B.
The test procedure amendments
established in the 2012 test procedure
final rule became effective on March 22,
2012. 77 FR at 10292 (Feb. 21, 2012).
However, as previously mentioned, the
2012 amendments are to be used in
conjunction with any amended
standards promulgated as a result of the
ongoing energy conservation standards
rulemaking (Docket No. EERE–2010–
BT–STD–0003). As such, use of the
amended test procedure in appendix B
will be required to show compliance
with DOE energy conservation
standards or to make representations
with respect to energy consumption of
commercial refrigeration equipment on
the compliance date of any revised
energy conservation standards
established as part of the ongoing energy
conservation standards rulemaking.
(Docket No. EERE–2010–BT–STD–
0003). DOE proposes to update the
compliance date referenced in 10 CFR
431.64 to be consistent with the
compliance date of any amended
standards adopted as a result of the
ongoing energy conservation standards
rulemaking. DOE will clarify the
compliance date of the test procedure
amendments proposed in appendix B in
the appropriate rulemaking document.
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
action was not subject to review under
the Executive Order by the Office of
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Information and Regulatory Affairs
(OIRA) in the OMB.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (IRFA) for any rule that by law
must be proposed for public comment,
unless the agency certifies that the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities. As
required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(Aug. 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site: https://energy.gov/
gc/office-general-counsel.
DOE reviewed today’s proposed rule
to amend the test procedure for
commercial refrigeration equipment,
under the provisions of the Regulatory
Flexibility Act and the procedures and
policies published on February 19,
2003. DOE certifies that the proposed
rule, if adopted, would not result in a
significant impact on a substantial
number of small entities. The factual
basis for this certification is set forth
below.
For the commercial refrigeration
industry, the Small Business
Association (SBA) has set a size
threshold, which defines those entities
classified as ‘‘small businesses’’ for the
purpose of the statute. DOE used the
SBA’s size standards to determine
whether any small entities would be
required to comply with the rule. The
size standards are codified at 13 CFR
part 121. The standards are listed by
North American Industry Classification
System (NAICS) code and industry
description and are available at https://
www.sba.gov/sites/default/files/files/
Size_Standards_Table.pdf. Commercial
refrigeration equipment manufacturing
is classified under NAICS 333415, ‘‘AirConditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing.’’ Small entities within
this industry description are those with
750 employees or fewer.
DOE conducted a market survey to
determine whether any small business
manufacturers of equipment would be
covered by this rulemaking. During its
market survey, DOE used all available
public information to identify potential
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small manufacturers. DOE’s research
involved the review of industry trade
association membership directories
(including AHRI), equipment databases
(e.g., Federal Trade Commission (FTC),
the Thomas Register, California Energy
Commission (CEC), and ENERGY STAR
databases), individual company Web
sites, and marketing research tools (e.g.,
Dunn and Bradstreet reports, Manta) to
create a list of companies that
manufacture or sell commercial
refrigeration equipment covered by this
rulemaking. DOE also referred to a list
of small businesses that manufacture
commercial refrigeration equipment,
supplied by Traulsen in a written
comment provided in response to the
NOPR proposing amendments to the
DOE test procedure for commercial
refrigeration equipment published
November 24, 2010 (Docket No. EERE–
2010–BT–TP–0034, Traulsen, No. 9 at
pp. 4–5). Using these sources, DOE
identified 61 manufacturers of
commercial refrigeration equipment.
DOE then reviewed this data to
determine whether the entities met the
SBA’s definition of a small business
manufacturer of commercial
refrigeration equipment and screened
out companies that do not offer
equipment covered by this rulemaking,
do not meet the definition of a ‘‘small
business,’’ or are foreign owned and
operated. Based on this review, DOE has
identified 26 companies that would be
considered small manufacturers and
will be directly regulated by this rule,
which represents 43% of national CRE
manufacturers. Although 43% would be
considered a substantial number of
small entities, further analysis of
incremental costs associated with this
rulemaking determined no significant
impact on these manufacturers.
Specifically, the proposed changes to
the test procedure consist only of
clarifications regarding:
1. The applicability of the test
procedure and related energy
conservation standards to certain types
of equipment;
2. the definitions of hybrid
commercial refrigeration equipment,
commercial refrigeration equipment
with drawers, and commercial
refrigeration equipment with solid and/
or transparent doors;
3. the relationship among the rating
temperature, operating temperature, and
integrated average temperature;
4. the proper configuration and use of
energy management systems, lighting
controls, and test packages in the DOE
test procedure for commercial
refrigeration equipment;
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5. the treatment of various features,
components, and accessories under the
DOE test procedure;
6. the rounding requirements for test
results and certified ratings;
7. the provision adopted in the 2012
test procedure final rule to allow testing
at the lowest application product
temperature for equipment that cannot
operate at the prescribed rating
temperature for its equipment class;
8. clarifications raised by
Interpretations 1, 2, 3, 4, and 5 of AHRI
Standard 1200–2010;
9. the methodology used to determine
total display area; and
10. the compliance date of certain
amendments established in the 2012 test
procedure final rule.
All commercial refrigeration
equipment covered by this rule is
currently required to be tested using the
DOE test procedure to show compliance
with established energy conservation
standards. The DOE test procedure
manufacturers must use to demonstrate
compliance with existing standards is
that established in the 2006 test
procedure final rule, which references
AHRI Standard 1200–2006 and AHAM
HRF–1–2004. This test procedure
consists of one 24-hour test at standard
rating conditions to determine daily
energy consumption.
The 2012 test procedure final rule
amends the test procedure for
commercial refrigeration equipment to
update the referenced industry test
procedures to their most current
versions (AHRI Standard 1200–2010
and AHAM HRF–1–2008); incorporates
provisions for testing certain energy
efficiency features, including night
curtains and lighting occupancy sensor
and scheduled controls; and provides a
test procedure for specialty equipment
that cannot be tested at the prescribed
rating temperature. As part of that
rulemaking, DOE considered the burden
associated with the test procedure
amendments and certified that the rule
would not have a ‘‘significant economic
impact on a substantial number of small
entities,’’ and the preparation of a
regulatory flexibility analysis was not
warranted. 77 FR 10292, 10314–10316
(Feb. 21, 2012).
The test procedure amendments
proposed in today’s notice of proposed
rulemaking serve only to reorganize and
clarify the existing requirements in the
DOE test procedure, both those
established in the 2006 test procedure
final rule and those established in the
2012 test procedure final rule; they do
not alter or affect any of the test
procedure requirements or provisions in
any way. DOE does not believe that the
proposed test procedure amendments
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would affect the way in which any
covered commercial refrigeration
equipment is tested, nor would they
impact the burden of conducting such a
test. Based on this factual basis, DOE
believes that the proposed test
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 required. 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 requests comment on its
certification that the proposed test
procedure changes will not have a
significant impact on a substantial
number of small entities.
conservation standards or for
certification of equipment under current
energy conservation standards. 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 will not
affect the quality or distribution of
energy usage and therefore will not
result in any environmental impacts.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
C. Review Under the Paperwork
Reduction Act
Manufacturers of commercial
refrigeration equipment must certify to
DOE that their products comply with
any applicable energy conservation
standards. In certifying compliance,
manufacturers must test their products
according to the DOE test procedure for
commercial refrigeration equipment,
including any amendments adopted for
that test procedure. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
commercial refrigeration equipment. 76
FR 12422 (March 7, 2011). 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
approved by OMB under OMB Control
Number 1910–1400. 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.
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.
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 this proposed rule and has
determined that it would not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of
today’s proposed rule. States can
petition DOE for exemption from such
preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C.
6297(d)) No further action is required by
Executive Order 13132.
D. Review Under the National
Environmental Policy Act
In this proposed rule, DOE proposes
amendments its test procedure for
commercial refrigeration equipment that
may be used to implement future energy
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F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
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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 to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, the proposed
rule meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA; Pub. 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 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
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intergovernmental consultation under
UMRA. 62 FR 12820. (This policy is
also available at https://energy.gov/gc/
office-general-counsel.) DOE reviewed
today’s proposed rule pursuant to
UMRA and its policy and determined
that the 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 rule
that may affect family well-being. This
rule would not have any impact on the
autonomy or integrity of the family as
an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 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
guidelines issued by OMB. The OMB’s
guidelines were published in 67 FR
8452 (February 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.
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, Office of
Management and Budget, a Statement of
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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 would not have a significant
adverse effect on the supply,
distribution, or use of energy and
therefore it is not a significant energy
action. 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. When a proposed rule contains or
involves use of commercial standards,
the rulemaking must inform the public
of the use and background of such
standards. (15 U.S.C. 788 Section 32)
The proposed rule incorporates
testing methods contained in ASTM
Standard E 1084–86 (Reapproved 2009),
‘‘Standard Test Method for Solar
Transmittance (Terrestrial) of Sheet
Materials Using Sunlight’’ and ASHRAE
72–2005, ‘‘Method of Testing
Commercial Refrigerators and Freezers.’’
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 about the impact on
competition of using the methods
contained in these standards before
prescribing a final rule.
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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.
Please note that foreign nationals
visiting DOE Headquarters 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. Edwards to initiate the necessary
procedures. Please also note that those
wishing to bring laptops into the
Forrestal Building will be required to
obtain a property pass. Visitors should
avoid bringing laptops, or allow an extra
45 minutes.
In addition, you can attend the public
meeting via webinar. Webinar
registration information, participant
instructions, and information about the
capabilities available to webinar
participants will be published on DOE’s
Web site https://www1.eere.energy.gov/
buildings/appliance_standards/
product.aspx/productid/52. Participants
are responsible for ensuring their
systems are compatible with the
webinar software.
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B. Procedure for Submitting Prepared
General Statements For Distribution
Any person who has plans to present
a prepared general statement may
request that copies of his or her
statement be made available at the
public meeting. Such persons may
submit requests, along with an advance
electronic copy of their statement in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format, to the appropriate address
shown in the ADDRESSES section at the
beginning of this notice of proposed
rulemaking. The request and advance
copy of statements must be received at
least one week before the public
meeting and may be emailed, handdelivered, or sent by mail. DOE prefers
to receive requests and advance copies
via email. Please include a telephone
number to enable DOE staff to make a
follow-up contact, if needed.
C. Conduct of Public Meeting
DOE will designate a DOE official to
preside at the public meeting and may
also use a professional facilitator to aid
discussion. The meeting will not be a
judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA
(42 U.S.C. 6306). A court reporter will
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be present to record the proceedings and
prepare a transcript. DOE reserves the
right to schedule the order of
presentations and to establish the
procedures governing the conduct of the
public meeting. After the public meeting
and until the end of the comment
period, interested parties may submit
further comments on the proceedings
and any aspect of the rulemaking.
The public meeting will be conducted
in an informal, conference style. DOE
will present summaries of comments
received before the public meeting,
allow time for prepared general
statements by participants, and
encourage all interested parties to share
their views on issues affecting this
rulemaking. Each participant will be
allowed to make a general statement
(within time limits determined by DOE),
before the discussion of specific topics.
DOE will permit, as time permits, other
participants to comment briefly on any
general statements.
At the end of all prepared statements
on a topic, DOE will permit participants
to clarify their statements briefly and
comment on statements made by others.
Participants should be prepared to
answer questions by DOE and by other
participants concerning these issues.
DOE representatives may also ask
questions of participants concerning
other matters relevant to this
rulemaking. The official conducting the
public meeting will accept additional
comments or questions from those
attending, as time permits. The
presiding official will announce any
further procedural rules or modification
of the 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 of
proposed rulemaking. In addition, any
person may buy a copy of the transcript
from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and
information regarding this proposed
rule before or after the public meeting,
but no later than the date provided in
the DATES section at the beginning of
this proposed rule. Interested parties
may submit comments using any of the
methods described in the ADDRESSES
section at the beginning of this notice of
proposed rulemaking.
Any comments submitted must
identify the NOPR for Test Procedure
for Commercial Refrigeration Equipment
and provide docket number EERE–
2013–BT–TP–0025 and/or regulatory
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information number (RIN) number
1904–AC99.
Submitting comments via
regulations.gov. The regulations.gov
Web page will require you to provide
your name and contact information.
Your contact information will be
viewable to DOE Building Technologies
staff only. Your contact information will
not be publicly viewable except for your
first and last names, organization name
(if any), and submitter representative
name (if any). If your comment is not
processed properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(CBI)). Comments submitted through
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 email, hand
delivery, or mail. Comments and
documents submitted via email, 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, email
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address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery, please
provide all items on a CD, if feasible. It
is not necessary to submit printed
copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery two well-marked copies:
one copy of the document marked
confidential including all the
information believed to be confidential,
and one copy of the document marked
non-confidential with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) when
such information might lose its
confidential character due to the
passage of time; and (7) why disclosure
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of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments
on any aspect of this proposal, DOE is
particularly interested in receiving
comments and views of interested
parties concerning the following issues:
1. DOE requests comment on the
proposed definition for chef base or
griddle stand.
2. DOE requests comment on its
proposed definition of ‘‘door,’’ and, in
particular, its specification that the term
is inclusive of drawers.
3. DOE requests comments from
interested parties on the proposal to
define ‘‘transparent’’ based on the
optical properties of the material, as
determined by ASTM E 1084–86
(Reapproved 2009) as incorporated by
reference.
4. DOE requests comment on its
proposed definitions of the terms
‘‘closed transparent’’ and ‘‘closed
solid.’’
5. DOE requests comment on the
clarity and sufficiency of the proposed
definitions for ‘‘commercial hybrid’’ and
‘‘commercial refrigerator-freezer.’’
6. DOE requests comment on its
proposed definitions for ‘‘operating
temperature’’ and ‘‘rating temperature,’’
and its proposal to clarify the
relationship between integrated average
temperature and rating temperature.
DOE also requests comment on its
proposed definitions of ‘‘commercial
refrigerator’’ and ‘‘commercial freezer.’’
7. DOE requests comment on its
proposed rounding provisions for
commercial refrigeration equipment.
8. DOE requests comment on its
proposed modification to the definition
of LAPT and its proposal to incorporate
by reference ASHRAE 72–2005.
9. DOE requests comment on the
reorganization of the test procedure
requirements at 10 CFR 431.64 into
appendix A and appendix B to subpart
C of 10 CFR part 431.
10. DOE requests comment on its
certification that the proposed test
procedure changes will not have a
significant impact on a substantial
number of small entities.
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this proposed rule.
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64317
List of Subjects in 10 CFR Parts 429 and
431
Administrative practice and
procedure, Confidential business
information, Test procedures,
Incorporation by reference, Reporting
and recordkeeping requirements.
Issued in Washington, DC, on September
30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons set forth in the
preamble, DOE proposes to amend part
429 and 431 of chapter II of title 10, of
the Code of Federal Regulations, to read
as set forth below:
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317.
§ 429.42
[Amended]
2. Section 429.42 is amended by
adding in paragraphs (b)(2)(i), (ii), and
(iii), the words ‘‘increments of 0.01’’
before the phrase ‘‘kilowatt hours per
day (kWh/day).’’
■
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
3. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317.
4. Section 431.62 is amended by:
a. Removing the definition for
‘‘commercial hybrid refrigerator, freezer,
and refrigerator-freezer;’’
■ b. Adding in alphabetical order the
definitions for ‘‘chef base or griddle
stand,’’ ‘‘closed solid,’’ ‘‘closed
transparent,’’ ‘‘commercial freezer,’’
‘‘commercial hybrid,’’ ‘‘commercial
refrigerator,’’ ‘‘commercial refrigeratorfreezer,’’ ‘‘door,’’ ‘‘operating
temperature,’’ ‘‘rating temperature,’’ and
‘‘transparent;’’
■ c . Revising the definition for ‘‘lowest
application product temperature.’’
The additions and revision read as
follows:
■
■
§ 431.62 Definitions concerning
commercial refrigerators, freezers and
refrigerator-freezers.
*
*
*
*
*
Chef base or griddle stand means
commercial refrigeration equipment that
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is designed and marketed for the
express purpose of having a griddle or
other cooking equipment placed on top
of it that is capable of reaching
temperatures hot enough to cook food.
Closed solid means equipment with
doors, and in which more than 75
percent of the outer surface area of all
doors on a unit are not transparent.
Closed transparent means equipment
with doors, and in which 75 percent or
more of the outer surface area of all
doors on the unit are transparent.
Commercial freezer means a unit of
commercial refrigeration equipment in
which all refrigerated compartments in
the unit are capable of operating below
32 °F.
Commercial hybrid means a unit of
commercial refrigeration equipment
(1) Consisting of two or more
refrigerated compartments that are in
two or more different equipment
families, and
(2) Which is sold as a single unit.
Commercial refrigerator means a unit
of commercial refrigeration equipment
in which all refrigerated compartments
in the unit are capable of operating at or
above 32 °F.
Commercial refrigerator-freezer means
a unit of commercial refrigeration
equipment consisting of two or more
refrigerated compartments where at
least one refrigerated compartment is
capable of operating at or above 32 °F
and at least one refrigerated
compartment is capable of operating
below 32 °F.
*
*
*
*
*
Door. (1) Door means a movable panel
that:
(i) Separates the interior volume of a
unit of commercial refrigeration
equipment from the ambient
environment,
(ii) Is designed to facilitate access to
the refrigerated space for the purpose of
loading and unloading product, and
(iii) Is affixed such that it is not
removable without the use of tools.
(2) This includes hinged doors,
sliding doors, and drawers.
*
*
*
*
*
Lowest application product
temperature means the lowest
integrated average temperature at which
a given basic model is capable of
consistently operating (i.e., maintaining
so as to comply with the steady-state
stabilization requirements specified in
ASHRAE 72–2005 (as incorporated by
reference, see § 431.63) for the purposes
of testing under the DOE test
procedure).
*
*
*
*
*
Operating temperature means the
range of integrated average temperatures
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14:02 Oct 25, 2013
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at which a commercial refrigeration unit
is capable of operating.
*
*
*
*
*
Rating temperature means the
integrated average temperature a unit
must maintain during testing (i.e., either
as listed in the table at § 431.66(d)(1) or
the lowest application product
temperature).
*
*
*
*
*
Transparent means greater than or
equal to 65 percent light transmittance,
as determined in accordance with the
ASTM Standard E 1084–86 (Reapproved
2009), ‘‘Standard Test Method for Solar
Transmittance (Terrestrial) of Sheet
Materials Using Sunlight,’’ (as
incorporated by reference, see § 431.63)
at normal incidence.
*
*
*
*
*
■ 5. Section 431.63 is amended by
adding paragraphs (d) and (e) to read as
follows:
§ 431.63 Materials incorporated by
reference.
*
*
*
*
*
(d) ASTM. ASTM International, 100
Barr Harbor Drive, PO Box C700, West
Conshohocken, PA, 19428, (877) 909–
2786, or go to https://www.astm.org/.
(1) ASTM Standard E 1084, ‘‘Standard
Test Method for Solar Transmittance
(Terrestrial) of Sheet Materials Using
Sunlight,’’ 1986 (Reapproved 2009), IBR
approved for § 431.62.
(2) [Reserved]
(e) ASHRAE. The American Society of
Heating, Refrigerating, and AirConditioning Engineers, Inc., 1971
Tullie Circle, NE., Atlanta, GA 30329, or
https://www.ashrae.org/.
(1) ASHRAE 72, ‘‘Method of Testing
Commercial Refrigerators and Freezers,’’
2005, IBR approved for §§ 431.62 and
431.64.
(2) [Reserved]
■ 6. Section 431.64 is amended by
revising paragraph (b) to read as follows:
§ 431.64 Uniform test method for the
measurement of energy consumption of
commercial refrigerators, freezers, and
refrigerator-freezers.
*
*
*
*
*
(b) Testing and calculations.
Determine the daily energy
consumption of each covered
commercial refrigerator, freezer, or
refrigerator-freezer by conducting the
appropriate test procedure set forth
below, in appendix A or B to this
subpart. The daily energy consumption
of commercial refrigeration equipment
shall be calculated using raw measured
values and the final test results shall be
reported in increments of 0.01 kWh/day.
■ 7. Section 431.66 is amended by
adding paragraph (f) to read as follows:
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§ 431.66 Energy conservation standards
and their effective dates.
*
*
*
*
*
(f) Exclusions. The energy
conservation standards in paragraphs (b)
through (e) of this section do not apply
to salad bars, buffet tables, and chef
bases or griddle stands.
■ 8. Add Appendixes A and B to
Subpart C to read as follows:
Appendix A to Subpart C of Part 431—
Uniform Test Method for the
Measurement of Energy Consumption of
Commercial Refrigerators, Freezers,
and Refrigerator-Freezers
Note: After [DATE 180 DAYS AFTER
PUBLICATION OF THE FINAL RULE IN
THE FEDERAL REGISTER], any
representations made with respect to the
energy use or efficiency of commercial
refrigeration equipment must be made in
accordance with the results of testing
pursuant to this appendix.
Manufacturers conducting tests of
commercial refrigeration equipment after
[DATE 30 DAYS AFTER PUBLICATION OF
THE FINAL RULE IN THE FEDERAL
REGISTER] and prior to [DATE 180 DAYS
AFTER PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER], must conduct
such test in accordance with either this
appendix or § 431.64 as it appeared at 10 CFR
part 430, subpart B, in the 10 CFR parts 200
to 499 edition revised as of January 1, 2013.
Any representations made with respect to the
energy use or efficiency of such commercial
refrigeration equipment must be in
accordance with whichever version is
selected. Given that after [DATE 180 DAYS
AFTER PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER]
representations with respect to the energy
use or efficiency of dehumidifiers must be
made in accordance with tests conducted
pursuant to this appendix, manufacturers
may wish to begin using this test procedure
as soon as possible.
1. Test Procedure
1.1. Determination of Daily Energy
Consumption. Determine the daily energy
consumption of each covered commercial
refrigerator, freezer, refrigerator-freezer or
ice-cream freezer by conducting the test
procedure set forth in the Air-Conditioning
and Refrigeration Institute (ARI) Standard
1200–2006, ‘‘Performance Rating of
Commercial Refrigerated Display
Merchandisers and Storage Cabinets,’’
section 3, ‘‘Definitions,’’ section 4, ‘‘Test
Requirements,’’ and section 7, ‘‘Symbols and
Subscripts’’ (incorporated by reference, see
§ 431.63). For each commercial refrigerator,
freezer, or refrigerator-freezer with a selfcontained condensing unit, also use ARI
Standard 1200–2006, section 6, ‘‘Rating
Requirements for Self-contained Commercial
Refrigerated Display Merchandisers and
Storage Cabinets.’’ For each commercial
refrigerator, freezer, or refrigerator-freezer
with a remote condensing unit, also use ARI
Standard 1200–2006, section 5, ‘‘Rating
Requirements for Remote Commercial
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Refrigerated Display Merchandisers and
Storage Cabinets.’’
1.2. Additional Specifications for Testing
of Components and Accessories. All standard
components that would be used during
normal operation of the basic model in the
field shall be installed and used during
testing as recommended by the manufacturer
and representative of their typical operation
in the field unless such installation and
operation is inconsistent with any
requirement of the test procedure. The
specific components and accessories listed in
the subsequent sections shall be operated as
stated during the test.
1.2.1. Energy Management Systems.
Applicable energy management systems may
be activated during the test procedure
provided they are permanently installed on
the case, configured as sold in such a manner
so as to operate automatically without the
intervention of the operator, and do not
conflict with any of other requirements for a
valid test as specified in this appendix.
1.2.2. Lighting. Energize all lighting, except
customer display signs/lights as described in
section 1.2.3 and UV lighting as described in
section 1.2.6 of this appendix, to the
maximum illumination level for the duration
of testing. However, if a closed solid unit of
commercial refrigeration equipment includes
an automatic lighting control system which
can turn of internal case lighting when the
door is closed, and the manufacturer
recommends the use of this system, then the
lighting control should be operated in the
automatic setting, even if the model has a
manual switch that disables the automatic
lighting control.
1.2.3. Customer display signs/lights. Do not
energize supplemental lighting that exists
solely for the purposes of advertising or
drawing attention to the case and is not
integral to the case.
1.2.4 Condensate pan heaters and pumps.
All electric resistance condensate heaters and
condensate pumps must be installed and
operational during the test. This includes the
stabilization period (including pull-down),
steady-state, and performance testing
periods. Prior to the start of the stabilization
period as defined by ASHRAE 72–2005
(incorporated by reference, see § 431.63), the
condensate pan must be dry. Following the
start of the stabilization period, allow any
condensate moisture generated to accumulate
in the pan. Do not manually add or remove
water from the condensate pan at any time
during the test.
1.2.5 Anti-sweat door heaters. Anti-sweat
door heaters must be operational during the
entirety of the test procedure. Models with a
user-selectable setting must have the heaters
energized and set to the maximum usage
position. Models featuring an automatic, nonuser-adjustable controller that turns on or off
based on environmental conditions must be
operating in the automatic state. If a unit is
not shipped with a controller from the point
of manufacture and is intended to be used
with an automatic, non-user-adjustable
controller, test the unit with a manufacturerrecommended controller that turns on or off
based on environmental conditions.
1.2.6 Ultraviolet lights. Do not energize
ultraviolet lights during the test.
1.2.7 Illuminated temperature displays and
alarms. All illuminated temperature displays
Category
Test procedure
1200–20061
1200–20061
1200–20061
1200–20061
1200–20061
ARI
ARI
ARI
ARI
ARI
(vi) Commercial Refrigerator with a Self-Contained Condensing Unit Designed for Pull-Down Temperature Applications and Transparent Doors.
(vii) Ice-Cream Freezer .....................................................
(viii) Commercial Refrigerator, Freezer, and RefrigeratorFreezer with a Self-Contained Condensing Unit and
without Doors.
(ix) Commercial Refrigerator, Freezer, and RefrigeratorFreezer with a Remote Condensing Unit.
ARI Standard 1200–20061
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2. Test Conditions
2.1. Integrated Average Temperatures.
Conduct the testing required in section 1 and
2 of this appendix A, and determine the daily
energy consumption at the applicable
integrated average temperature as found in
the following table.
38 °F (±2 °F).
38 °F (±2 °F).
0 °F (±2 °F).
0 °F (±2 °F).
38 °F (±2 °F) for refrigerator compartment.
0 °F (±2 °F) for freezer compartment.
38 °F (±2 °F).
ARI Standard 1200–2006 1
ARI Standard 1200–20061
¥15.0 °F (±2 °F).
(A) 0 °F (±2 °F) for low temperature applications.
(B) 38 °F (±2 °F) for medium temperature applications.
ARI Standard 1200–20061
(A) 0 °F (±2 °F) for low temperature applications.
(B) 38 °F (±2 °F) for medium temperature applications.
by reference, see § 431.63.
2.2. Lowest Application Product
Temperature. If a unit of commercial
refrigeration equipment is not able to be
operated at the integrated average
temperature specified in the table in
paragraph 2.1, test the unit at the lowest
application product temperature (LAPT), as
defined in § 431.62. For units equipped with
a thermostat, LAPT is the lowest thermostat
setting. For remote condensing equipment
without a thermostat or other means of
controlling temperature at the case, the
lowest application product temperature is the
temperature achieved with the adjusted dew
point temperature (as defined in AHRI
Standard 1200 (I–P)-2010) set to 5 degrees
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and alarms shall be energized and operated
during the test as they would be during
normal field operation.
1.2.8 Condenser filters. Remove any
nonpermanent filters provided to prevent
particulates from blocking a model’s
condenser coil.
1.2.9 Refrigeration system security covers.
Remove any devices used to secure the
condensing unit.
1.2.10 Night curtains and covers. Do not
deploy night curtains or covers.
1.2.11 Grill options. Remove any optional,
non-standard grills used to direct airflow.
1.2.12 Misting or humidification systems.
Misting or humidification systems must be
inactive during the test.
1.2.13 Air purifiers. Air purifiers must be
inactive during the test.
1.2.14 General purpose outlets. During the
test, do not connect any external load to any
general purpose outlets contained within a
unit.
1.2.15 Crankcase heaters. Crankcase
heaters must be operational during the test.
If a control system, such as a thermostat or
electronic controller, is used to modulate the
operation of the crankcase heater, it must be
activated during the test.
Integrated average temperature
(i) Refrigerator with Solid Door(s) .....................................
(ii) Refrigerator with Transparent Door(s) .........................
(iii) Freezer with Solid Door(s) ..........................................
(iv) Freezer with Transparent Door(s) ..............................
(v) Refrigerator-Freezer with Solid Door(s) ......................
1Incorporated
Standard
Standard
Standard
Standard
Standard
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colder than that required to maintain the
manufacturer’s lowest specified operating
temperature.
3. Volume and Total Display Area
3.1. Determination of Volume. Determine
the volume of a commercial refrigerator,
freezer, refrigerator-freezer, or ice-cream
freezer using the method set forth in the
ANSI/AHAM HRF–1–2004, ‘‘Energy,
Performance and Capacity of Household
Refrigerators, Refrigerator-Freezers and
Freezers’’ (incorporated by reference, see
§ 431.63), section 3.21, ‘‘Volume,’’ sections
4.1 through 4.3, ‘‘Method for Computing
Total Refrigerated Volume and Total Shelf
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Area of Household Refrigerators and
Household Wine Chillers,’’ and sections 5.1
through 5.3, ‘‘Method for Computing Total
Refrigerated Volume and Total Shelf Area of
Household Freezers.’’
3.2 Determination of Total Display Area.
Determine the total display area of a
commercial refrigerator, freezer, refrigeratorfreezer, or ice-cream freezer using the method
set forth in ARI Standard 1200–2006
(Incorporated by reference, see § 431.63).
Specifically, total display area shall be the
sum of the projected area(s) of visible
product, expressed in ft2 (i.e., portions
through which product can be viewed from
an angle normal to the transparent area). See
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Figures A3.1, A3.2, and A3.3 as examples of
how to calculate the dimensions associated
with calculation of total display area. In the
diagrams, Dh and L represent the dimensions
of the projected visible product.
BILLING CODE 6450–01–P
Not included in Dh
Not included in Dh
r'-.
r'-.
Figure A3.1 Horizontal open display case, where the distance "Dh" is the dimension of the
projected visible product.
Transparent
Product Stop
Figure A3.2 Service over counter display case, the distance "Dh" is the dimension of the
which product can be viewed, excluding areas of the product zone that cannot be viewed as part of
a direct projection through the glass front.
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projected visible product, that being the dimension transverse to the length of the case through
BILLING CODE 6450–01–C
Appendix B to Subpart C of Part 431—
Amended Uniform Test Method for the
Measurement of Energy Consumption of
Commercial Refrigerators, Freezers,
and Refrigerator-Freezers
Note: On or after the compliance date for
any amended energy conservation standards
for commercial refrigeration equipment, all
testing must be conducted in accordance
with this appendix for the purposes of
determining energy consumption and making
representations as to the energy use of
covered equipment.
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1. Test Procedure
1.1. Determination of Daily Energy
Consumption. Determine the daily energy
consumption of each covered commercial
refrigerator, freezer, refrigerator-freezer or
ice-cream freezer by conducting the test
procedure set forth in the AHRI Standard
1200 (I–P)–2010, section 3, ‘‘Definitions,’’
section 4, ‘‘Test Requirements,’’ and section
7, ‘‘Symbols and Subscripts’’ (incorporated
by reference, see § 431.63). For each
commercial refrigerator, freezer, or
refrigerator-freezer with a self-contained
condensing unit, also use AHRI Standard
1200 (I–P)–2010, section 6, ‘‘Rating
Requirements for Self-contained Commercial
Refrigerated Display Merchandisers and
Storage Cabinets.’’ For each commercial
refrigerator, freezer, or refrigerator-freezer
with a remote condensing unit, also use
AHRI Standard 1200 (I–P)–2010, section 5,
‘‘Rating Requirements for Remote
Commercial Refrigerated Display
Merchandisers and Storage Cabinets.’’
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1.2. Additional Specifications for Testing
of Components and Accessories. All standard
components that would be used during
normal operation of the basic model in the
field shall be installed and used during
testing as recommended by the manufacturer
and representative of their typical operation
in the field unless such installation and
operation is inconsistent with any
requirement of the test procedure. The
specific components and accessories listed in
the subsequent sections shall be operated as
stated during the test.
1.2.1. Energy Management Systems.
Applicable energy management systems may
be activated during the test procedure
provided they are permanently installed on
the case, configured in such a manner so as
to operate automatically without the
intervention of the operator, and do not
conflict with any of other requirements for a
valid test as specified in this appendix.
1.2.2. Lighting. All lighting except for
customer display signs/lights as described in
section 1.2.3 and UV lighting as described in
section 1.2.6 of this appendix shall be
energized to the maximum illumination level
for the duration of testing for commercial
refrigeration equipment with lighting except
when the unit is equipped with lighting
occupancy sensors and controls. If the unit
includes an automatic lighting control
system, it should be enabled during test. If
the unit is equipped with lighting occupancy
sensors and controls in should be tested in
accordance with paragraph 1.2.2.1 of this
appendix.
1.2.2.1. Lighting Occupancy Sensors and
Controls. For units with lighting occupancy
sensors and/or scheduled lighting controls
installed on the unit, determine the effect of
the controls/sensors on daily energy
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64321
consumption by either a physical test or a
calculation method and using the variables
that are defined as:
CECA is the alternate compressor energy
consumption (kilowatt-hours);
LECsc is the lighting energy consumption of
internal case lights with lighting occupancy
sensors and controls deployed (kilowatthours);
Pli is the rated power of lights when they
are fully on (watts);
Pli(off) is the power of lights when they are
off (watts);
Pli(dim) is the power of lights when they are
dimmed (watts);
TDECo is the total daily energy
consumption with lights fully on, as
measured by AHRI Standard 1200 (I–P)–2010
(kilowatt-hours);
tdim is the time period during which the
lights are dimmed due to the use of lighting
occupancy sensors or scheduled lighting
controls (hours);
tdim,controls is the time case lighting is
dimmed due to the use of lighting controls
(hours);
tdim,sensors is the time case lighting is
dimmed due to the use of lighting occupancy
sensors (hours);
tl is the time period when lights would be
on without lighting occupancy sensors and/
or scheduled lighting controls (24 hours);
toff is the time period during which the
lights are off due to the use of lighting
occupancy sensors and/or scheduled lighting
controls (hours);
toff,controls is the time case lighting is off due
to the use of scheduled lighting controls
(hours);
toff,sensors is the time case lighting is off due
to the use of lighting occupancy sensors
(hours); and
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lighting controls, the time the case lighting is
off and/or dimmed due to scheduled lighting
controls (toff,controls and/or tdim,controls, as
applicable) shall not exceed 8 hours. For
cases with lighting occupancy sensors
installed, the time the case lighting is off
and/or dimmed due to lighting occupancy
sensors (toff,sensors and/or tdim,sensors, as
applicable) shall not exceed 10.8 hours. For
cases with lighting occupancy sensors and
scheduled lighting controls installed, the
time the case lighting is off and/or dimmed
due to lighting occupancy sensors (toff,sensors
and/or tdim,sensors, as applicable) shall not
exceed 2.8 hours and the time the case
lighting is off and/or dimmed due to
scheduled lighting controls (toff,controls and/or
tdim,controls, as applicable) shall not exceed 8
hours.
1.2.2.1.ii. If using a physical test to
determine the daily energy consumption,
turn off the lights for a time period
equivalent to toff and dim the lights for a time
period equal to tdim. If night curtains are also
being tested on the case, the period of lights
off and/or dimmed shall begin at the same
time that the night curtain is being deployed
and shall continue consecutively, in that
order, for the appropriate number of hours.
1.2.2.1.iii. If using a calculation method to
determine the daily energy consumption–
1.2.2.1.iii.A. Calculate the LECsc using the
following equation:
EER FOR SELF-CONTAINED COMMERCIAL REFRIGERATED DISPLAY MERCHANDISERS AND STORAGE CABINETS—Continued
11
7
1.2.2.1.iii.C. For remote condensing units,
calculate the revised compressor energy
consumption (CECR) by adding the CECA to
the compressor energy consumption (CEC)
measured in AHRI Standard 1200 (I–P)–2010
(incorporated by reference, see § 431.63). The
CDEC for the entire case is the sum of the
CECR and LECsc (as calculated above) and the
fan energy consumption (FEC), anticondensate energy consumption (AEC),
defrost energy consumption (DEC), and
condensate evaporator pan energy
consumption (PEC) (as measured in AHRI
Standard 1200 (I–P)–2010).
1.2.2.1.iii.D. For self-contained units, the
TDEC for the entire case is the sum of total
daily energy consumption as measured by
the AHRI Standard 1200 (I–P)–2010
(incorporated by reference, see § 431.63) test
with the lights fully on (TDECo) and CECA,
less the decrease in lighting energy use due
to lighting occupancy sensors and scheduled
lighting controls, as shown in following
equation.
1.2.3. Customer display signs/lights. Do
not energize supplemental lighting that exists
solely for the purposes of advertising or
drawing attention to the case and is not
integral to the case.
1.2.4 Condensate pan heaters and pumps.
All electric resistance condensate heaters and
condensate pumps must be installed and
operational during the test. This includes the
stabilization period (including pull-down),
steady-state, and performance testing
periods. Prior to the start of the stabilization
period as defined by ASHRAE 72–2005, the
condensate pan must be dry. Following the
start of the stabilization period, allow any
condensate moisture generated to accumulate
in the pan. Do not manually add or remove
water to or from the condensate pan at any
time during the test.
1.2.5 Anti-sweat door heaters. Anti-sweat
door heaters must be operational during the
entirety of the test procedure. Models with a
user-selectable setting must have the heaters
energized and set to the maximum usage
position. Models featuring an automatic, nonuser-adjustable controller that turns on or off
based on environmental conditions must be
operating in the automatic state. If a unit is
not shipped with a controller from the point
of manufacture and is intended to be used
with an automatic, non-user-adjustable
controller, test the unit with a manufacturerrecommended controller that turns on or off
based on environmental conditions.
1.2.6 Ultraviolet lights. Do not energize
ultraviolet lights during the test.
1.2.7 Illuminated temperature displays
and alarms. All illuminated temperature
displays and alarms shall be energized and
operated during the test as they would be
during normal field operation.
1.2.8 Condenser filters. Remove any
nonpermanent filters provided to prevent
particulates from blocking a model’s
condenser coil.
1.2.9 Refrigeration system security
covers. Remove any devices used to secure
the condensing unit.
1.2.10 Night curtains and covers. For
display cases sold with night curtains
installed, the night curtain shall be employed
for 6 hours; beginning 3 hours after the start
tsc is the time period when lighting is fully
on with lighting occupancy sensors and
scheduled lighting controls enabled (hours).
1.2.2.1.i. For both a physical test and a
calculation method, determine the estimated
time off or dimmed, toff or tdim, as the sum
of contributions from lighting occupancy
sensors and scheduled lighting controls that
dim or turn off lighting, respectively, as
shown in the following equation:
toff, = toff,sensors + toff,controls
tdim = tdim,sensors + tdim,controls
The sum of tsc, toff, and tdim should equal
24 hours and the total time period during
which the lights are off or dimmed shall not
exceed 10.8 hours. For cases with scheduled
EER FOR SELF-CONTAINED COMMERCIAL REFRIGERATED DISPLAY MERCHANDISERS AND STORAGE CABINETS
Operating temperature class
EER
Btu/W
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Medium .................................
Low .......................................
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Operating temperature class
Ice Cream .............................
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EER
Btu/W
5
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28OCP2
EP28OC13.004</GPH> EP28OC13.005</GPH>
Where EER represents the energy efficiency
ratio from Table 1 in AHRI Standard 1200 (I–
P)–2010 (incorporated by reference, see
§ 431.63) for remote condensing equipment
or the values shown in the following table for
self-contained equipment:
EP28OC13.006</GPH>
1.2.2.1.iii.B. Calculate the CECA using the
following equation:
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules
of the first defrost period. Upon the
completion of the 6-hour period, the night
curtain shall be raised until the completion
of the 24-hour test period.
1.2.11 Grill options. Remove any optional
non-standard grills used to direct airflow.
1.2.12 Misting or humidification systems.
Misting or humidification systems must be
inactive during the test.
1.2.13 Air purifiers. Air purifiers must be
inactive during the test.
1.2.14 General purpose outlets. During
the test, do not connect any external load to
any general purpose outlets contained within
a unit.
1.2.15 Crankcase heaters. Crankcase
heaters must be operational during the test.
If a control system, such as a thermostat or
electronic controller, is used to modulate the
Category
operation of the crankcase heater, it must be
utilized during the test.
2. Test Conditions
2.1. Integrated Average Temperatures.
Conduct the testing required in section 1 of
this appendix B, and determine the daily
energy consumption at the applicable
integrated average temperature in the
following table.
Test procedure
(I–P)–2010 1
(I–P)–2010 1
(I–P)–2010 1
(I–P)–2010 1
(I–P)–2010 1
AHRI
AHRI
AHRI
AHRI
AHRI
(vi) Commercial Refrigerator with a Self-Contained Condensing Unit Designed for Pull-Down Temperature Applications and Transparent Doors.
(vii) Ice-Cream Freezer ...............................................................
(viii) Commercial Refrigerator, Freezer, and RefrigeratorFreezer with a Self-Contained Condensing Unit and without
Doors.
AHRI Standard 1200 (I–P)–2010 1 ......
AHRI Standard 1200 (I–P)–2010 1 ......
AHRI Standard 1200 (I–P)–2010 1 ......
(ix) Commercial Refrigerator, Freezer, and Refrigerator-Freezer with a Remote Condensing Unit.
AHRI Standard 1200 (I–P)–2010 1 ......
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......
......
......
......
......
38 °F (±2 °F).
38 °F (±2 °F).
0 °F (±2 °F).
0 °F (±2 °F).
38 °F (±2 °F) for refrigerator compartment.
0 °F (±2 °F) for freezer compartment.
38 °F (±2 °F).
¥15.0 °F (±2 °F).
(A) 0 °F (±2 °F) for low temperature
applications.
(B) 38.0 °F (±2 °F) for medium temperature applications.
(A) 0 °F (±2 °F) for low temperature
applications.
(B) 38.0 °F (±2 °F) for medium temperature applications.
by reference, see § 431.63.
2.2. Lowest Application Product
Temperature. If a unit of commercial
refrigeration equipment is not able to be
operated at the integrated average
temperature specified in the table in
paragraph 2.1 of this appendix, test the unit
at the lowest application product
temperature (LAPT), as defined in § 431.62.
For many units of equipment, LAPT is the
lowest thermostat setting. For remote
condensing equipment without a thermostat
or other means of controlling temperature at
the case, the lowest application product
temperature is the temperature achieved with
the adjusted dew point temperature (as
defined in AHRI Standard 1200 (I–P)–2010)
set to 5 degrees colder than that required to
maintain the manufacturer’s lowest specified
application temperature.
2.3. Testing at NSF Test Conditions. For
commercial refrigeration equipment that is
also tested in accordance with NSF test
procedures (Type I and Type II), integrated
average temperatures and ambient conditions
used for NSF testing may be used in place
VerDate Mar<15>2010
1200
1200
1200
1200
1200
Integrated average temperature
(i) Refrigerator with Solid Door(s) ...............................................
(ii) Refrigerator with Transparent Door(s) ..................................
(iii) Freezer with Solid Door(s) ....................................................
(iv) Freezer with Transparent Door(s) ........................................
(v) Refrigerator-Freezer with Solid Door(s) ................................
1 Incorporated
Standard
Standard
Standard
Standard
Standard
64323
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Jkt 232001
of the DOE-prescribed integrated average
temperatures and ambient conditions
provided they result in a more stringent test.
That is, the measured daily energy
consumption of the same unit, when tested
at the rating temperatures and/or ambient
conditions specified in the DOE test
procedure, must be lower than or equal to the
measured daily energy consumption of the
unit when tested with the rating
temperatures or ambient conditions used for
NSF testing. The integrated average
temperature measured during the test may be
lower than the range specified by the DOE
applicable temperature specification
provided in paragraph 2.1 of this appendix,
but may not exceed the upper value of the
specified range. Ambient temperatures and/
or humidity values may be higher than those
specified in the DOE test procedure.
3. Volume and Total Display Area
3.1. Determination of Volume. Determine
the volume of a commercial refrigerator,
freezer, refrigerator-freezer, or ice-cream
PO 00000
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Fmt 4701
Sfmt 4702
freezer using the method set forth in the
HRF–1–2008 (incorporated by reference, see
§ 431.63), section 3.30, ‘‘Volume,’’ and
sections 4.1 through 4.3, ‘‘Method for
Computing Refrigerated Volume of
Refrigerators, Refrigerator-Freezers, Wine
Chillers and Freezers.’’
3.2 Determination of Total Display Area.
Determine the total display area of a
commercial refrigerator, freezer, refrigeratorfreezer, or ice-cream freezer using the method
set forth in AHRI Standard 1200 (I–P)–2010
(Incorporated by reference, see § 431.63).
Specifically, total display area shall be the
sum of the projects area(s) for visible
product, expressed in ft2 (i.e., portions
through which product can be viewed from
an angle normal to the transparent area). See
Figures B3.1, B3.2, and B3.3 as examples of
how to calculate the dimensions associated
with calculation of total display area. In the
diagrams, Dh and L represent the dimensions
of the projected visible product.
BILLING CODE 6450–01–P
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28OCP2
64324
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Not induded in
Not induded in ~
~
rL,
rL,
Figure B3.4 Horizontal open display case, where the distance "Dh" is the dimension of the
projected visible product.
Transparent
R"oduct Sop
Figure B3.5 Service over counter display case, the distance "Dh" is the dimension of the
projected visible product, that being the dimension transverse to the length of the case through
which product can be viewed, excluding areas of the product zone that cannot be viewed as part of
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a direct projection through the glass front.
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64325
[FR Doc. 2013–24354 Filed 10–25–13; 8:45 am]
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BILLING CODE 6450–01–C
]]>Agencies
[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Proposed Rules]
[Pages 64295-64325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24354]
[[Page 64295]]
Vol. 78
Monday,
No. 208
October 28, 2013
Part II
Department of Energy
-----------------------------------------------------------------------
10 CFR Parts 429 and 431
Energy Conservation Program: Test Procedure for Commercial
Refrigeration Equipment; Proposed Rule
Federal Register / Vol. 78 , No. 208 / Monday, October 28, 2013 /
Proposed Rules
[[Page 64296]]
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket No. EERE-2013-BT-TP-0025]
RIN 1904-AC99
Energy Conservation Program: Test Procedure for Commercial
Refrigeration Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking (NOPR).
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) proposes to revise and
reorganize its test procedure for commercial refrigeration equipment
(CRE) in order to clarify certain terms, procedures, and compliance
dates. Specifically, in this notice of proposed rulemaking, DOE
addresses several inquiries it has received from interested parties
regarding the applicability of DOE's test procedure and current Federal
energy conservation standards, the definition of certain terms
pertinent to commercial refrigeration equipment, the proper
configuration and use of certain components and features of commercial
refrigeration equipment when testing according to the DOE test
procedure, the proper application of certain test procedure provisions,
and the compliance date of certain provisions specified in the DOE test
procedure final rule published on February 21, 2012 (hereafter referred
to as 2012 test procedure final rule). DOE also proposes a number of
test procedure clarifications which have arisen as a result of the
negotiated rulemaking process for certification of commercial heating,
ventilation, air conditioning, refrigeration, and water heating
equipment. These provisions are addressed below in more detail. DOE
will hold a public meeting to receive and discuss comments on this
NOPR.
DATES: DOE will hold a public meeting on Thursday, December 5, 2013,
from 9 a.m. to 1 p.m., in Washington, DC. The meeting will also be
broadcast as a webinar. See section V, ``Public Participation,'' for
webinar registration information, participant instructions, and
information about the capabilities available to webinar participants.
DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) before and after the public
meeting, but no later than January 13, 2014. See section V, ``Public
Participation,'' for details.
DOE expects that any final rule in this proceeding would be
effective 30 days after the date of publication of that final rule.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue SW.,
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at
(202) 586-2945. Persons can attend the public meeting via webinar. For
more information, refer to Section V, ``Public Participation,'' near
the end of this notice of proposed rulemaking.
Comments may be submitted using any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: CRE2013TP0025@ee.doe.gov. Include the docket number and/
or RIN in the subject line of the message.
3. 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 a
CD. It is not necessary to include printed copies.
4. 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 a CD. It is not necessary to include printed
copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V of this document
(``Public Participation'').
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at regulations.gov. All
documents in the docket are listed in the regulations.gov index.
However, some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
A link to the docket Web page can be found at: https://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0025. This Web
page will contain a link to the docket for this notice of proposed
rulemaking on the regulations.gov site. The regulations.gov Web page
will contain simple instructions on how to access all documents,
including Federal Register notices, public meeting attendee lists and
transcripts, comments, and other supporting documents/materials. See
section V, ``Public Participation,'' for information on how to submit
comments through regulations.gov.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact Ms. Brenda Edwards at (202) 586-2945 or by email:
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 Office, EE-2J,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-2192. Email: commercial_refrigeration_equipment@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 586-8145. Email:
Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Summary of the Proposed Rule
III. Discussion
A. Scope of Coverage
1. Salad Bars, Buffet Tables, and Other Refrigerated Holding and
Serving Equipment
2. Chef Bases and Griddle Stands
3. Existing Cases Undergoing Refurbishments or Retrofits
4. Case Doors Shipped as After-Market Additions
B. Definitions Pertinent to Commercial Refrigeration Equipment
1. Commercial Refrigeration Equipment with Drawers
2. Transparent and Solid Doors
a. Definition of Transparent
b. Definition of Equipment with Transparent Doors versus Solid
Doors
3. Hybrid Equipment and Commercial Refrigerator-Freezers
C. Relationship Among Rating Temperature, Operating Temperature,
and Integrated Average Temperature
D. Proper Configuration and Use of Components or Features in the
DOE Test Procedure
1. Energy Management Systems
2. Lighting
3. Test Package Temperatures
E. Treatment of Other Specific Equipment Features and
Accessories During Testing
1. Customer Display Signs/Lights
2. Condensate Pan Heaters and Pumps
3. Anti-Sweat Door Heaters
4. Ultraviolet Lights
5. Illuminated Temperature Displays and Alarms
6. Condenser Filters
7. Refrigeration System Security Covers
8. Night Curtains and Covers
[[Page 64297]]
9. Grill Options
10. Coated Coils
11. Internal Secondary Coolant Circuits
12. Wedge Cases
13. Misting or Humidification Systems
14. Air Purifiers
15. General Purpose Outlets
16. Crankcase Heaters
17. Interior/Exterior Liners
F. Rounding of Test Results and Certified Ratings
G. Testing at the Lowest Application Product Temperature
H. Clarifications in Response to Interpretations to AHRI
Standard 1200-2010
I. Clarification of Methodology for Measuring Total Display Area
J. Compliance Date of Test Procedure Amendments
IV. Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
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 Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
V. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Prepared General Statements For
Distribution
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
A. Authority
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317, as codified), added by
Public Law 95-619, Title IV, Sec. 441(a), established the Energy
Conservation Program for Certain Industrial Equipment, a program
covering certain industrial equipment, which includes the commercial
refrigeration equipment that is the focus of this notice of proposed
rulemaking.\1\ All references to EPCA refer to the statute as amended
through the American Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112-210 (Dec. 18, 2012).
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
---------------------------------------------------------------------------
Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. The
testing requirements consist of test procedures that manufacturers of
covered equipment must use as the basis for (1) certifying to DOE that
their equipment complies with the applicable energy conservation
standards adopted under EPCA, (42 U.S.C. 6316(e)(1)), and (2) making
representations about the efficiency of that equipment. (42 U.S.C.
6314(d)) Similarly, DOE must use these test procedures to determine
whether the equipment complies with relevant standards promulgated
under EPCA. (42 U.S.C. 6316(e)(1))
General Test Procedure Rulemaking Process
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered equipment. EPCA provides, in relevant part, that any test
procedures prescribed or amended under this section shall be reasonably
designed to produce test results which measure energy efficiency,
energy use or estimated annual operating cost of a covered product
during a representative average use cycle or period of use and shall
not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6314(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine to what extent, if any, the proposed test
procedure would alter the measured energy efficiency of any covered
product or equipment \2\ as determined under the existing test
procedure. 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.
6314(a)(6)(D))
---------------------------------------------------------------------------
\2\ The term ``covered product'' broadly refers to all types of
appliances and equipment regulated by the Department regardless of
whether they are consumer products or commercial and industrial
equipment.
---------------------------------------------------------------------------
Under 42 U.S.C. 6314(c)(1), no later than 3 years after the date of
prescribing a test procedure pursuant to 42 U.S.C. 6314, and from time
to time thereafter, DOE is required to conduct a reevaluation and
determine whether to amend the test procedure. If DOE determines a test
procedure should be amended, it shall promptly publish in the Federal
Register proposed test procedures, incorporating such amendments and
affording interested persons an opportunity to present oral and written
data, views and arguments. (42 U.S.C. 6314(c)(2))
On February 21, 2012, DOE published a final rule (2012 test
procedure final rule) prescribing new amendments to the test procedure
for commercial refrigeration equipment. 77 FR 10292, 10318-21. Pursuant
to EPCA's requirement in 42 U.S.C. 6314(c), DOE has conducted a
reevaluation of the CRE test procedure and concluded that it should be
amended to clarify a number of provisions regarding how aspects of the
test are conducted and to provide more explicit definitions of some
terms. DOE's proposed amendments to the test procedure are presented in
this NOPR.
B. Background
EPCA mandates that the American Society of Heating, Refrigerating,
and Air-Conditioning Engineers (ASHRAE) Standard 117-2002, ``Method of
Testing Closed Refrigerators,'' shall be the initial test procedure for
the types of equipment to which standards are applicable under 42
U.S.C. 6313(c)(2)-(3). (U.S.C. 6314(a)(6)(A)(ii)) EPCA requires DOE to
address whether to amend its test procedures if ASHRAE amends this
standard. (42 U.S.C. 6314(a)(6)(E)-(F)) In 2005, ASHRAE combined
Standard 72-1998, ``Method of Testing Open Refrigerators,'' and
Standard 117-2002 and published the test method as ASHRAE Standard 72-
2005 (ASHRAE 72-2005), ``Method of Testing Commercial Refrigerators and
Freezers,'' which was approved by the American National Standards
Institute (ANSI) on July 29, 2005. Consistent with EPCA's requirement
in 42 U.S.C. 6314(a)(6)(E), DOE reviewed ASHRAE 72-2005, as well as
American Refrigeration Institute (ARI) Standard 1200-2006, which was
approved by ANSI on August 28, 2006. DOE determined that ARI Standard
1200-2006 included by reference the test procedures in ASHRAE 72-2005
and the rating temperatures prescribed in EPCA. (42 U.S.C.
6314(a)(6)(B)) As a result, DOE published a final rule in December 2006
(2006 test procedure final rule) that adopted ARI Standard 1200-2006 as
the DOE test procedure for commercial refrigeration equipment. 71 FR
71340, 71357 (Dec. 8, 2006). The 2006 test procedure final rule
specified rating temperatures of 38 [deg]F (2 [deg]F) for
commercial refrigerators and refrigerator compartments, 0 [deg]F
(2 [deg]F) for commercial freezers and freezer
compartments, and -15 [deg]F (2 [deg]F) for commercial ice-
cream freezers. 71 FR at 71370 (Dec. 8, 2006). DOE also adopted
[[Page 64298]]
Association of Home Appliance Manufacturers (AHAM) Standard HRF-1-2004,
``Energy, Performance and Capacity of Household Refrigerators,
Refrigerator-Freezers and Freezers,'' for measuring compartment volumes
for equipment covered under the 2006 test procedure final rule. 71 FR
at 71370 (Dec. 8, 2006). The test procedure established in the 2006
final rule became effective on January 8, 2007 (71 FR at 71340), and
its use has been required to demonstrate compliance with the current
energy conservation standards.
More recently, on February 21, 2012, DOE published the
aforementioned 2012 test procedure final rule, in which it adopts
several amendments to the DOE test procedure for commercial
refrigeration equipment. These amendments include updating the standard
incorporated by reference in the DOE test procedure in response to the
relevant industry organizations issuing updated versions. Specifically,
DOE updated the incorporation by reference of Air-Conditioning,
Heating, and Refrigeration Institute (AHRI) 1200-2010 as the DOE test
procedure for this equipment. 77 FR at 10318-9 (Feb. 21, 2012). The
2012 test procedure final rule also includes an amendment to
incorporate by reference the updated ANSI/AHAM Standard HRF-1-2008
(AHAM HRF-1-2008), ``Energy, Performance, and Capacity of Household
Refrigerators, Refrigerator-Freezers, and Freezers,'' for determining
compartment volumes for this equipment. 77 FR at 10318 and 10321 (Feb.
21, 2012). These updates were primarily editorial in nature and aligned
the AHRI test procedure with the nomenclature and methodology used in
DOE's 2009 standards rulemaking on commercial refrigeration equipment.
The newly updated AHRI Standard 1200-2010 also references the most
recent version of the AHAM standard, AHAM HRF-1-2008.
In addition, the 2012 test procedure final rule includes several
amendments designed to address certain energy efficiency features that
were not accounted for by the previous DOE test procedure, including
provisions for measuring the impact of night curtains,\3\ lighting
occupancy sensors, and scheduled controls. 77 FR at 10296-10298 and
10319-10320 (Feb. 21, 2012). In the 2012 test procedure final rule, DOE
also adopts amendments to allow testing of commercial refrigeration
equipment that cannot operate at the rating temperature specified in
the DOE test procedure. Specifically, the 2012 test procedure final
rule allows testing of commercial refrigeration equipment at its lowest
application product temperature (LAPT), for equipment that is
physically incapable of reaching the prescribed rating temperature. 77
FR at 10320 (Feb. 21, 2012). The 2012 test procedure final rule also
allows manufacturers to test and certify equipment at the more-
stringent rating temperatures and ambient conditions required by NSF
\4\ for food safety testing. 77 FR at 10321 (Feb. 21, 2012).
---------------------------------------------------------------------------
\3\ Night curtains are devices made of an insulating material,
typically insulated aluminum fabric, designed to be pulled down over
the open front of the case to decrease infiltration and heat
transfer into the case when the merchandizing establishment is
closed.
\4\ Founded in 1944 as the National Sanitation Foundation, the
organization is now referred to simply as NSF.
---------------------------------------------------------------------------
The test procedure amendments established in the 2012 test
procedure final rule became effective on March 22, 2012. 77 FR at 10292
(Feb. 21, 2012). The amendments are required to be used in conjunction
with any amended standards promulgated as a result of DOE's ongoing
energy conservation standards rulemaking (Docket No. EERE-2010-BT-STD-
0003).
II. Summary of the Proposed Rule
Since publication of the 2012 test procedure final rule, DOE has
received a number of inquiries from interested parties regarding DOE
regulations for commercial refrigeration equipment, including how
different types of equipment fit into DOE's definitions of commercial
refrigeration equipment at 10 CFR 431.62, and questions involving
certain provisions of the DOE test procedure at 10 CFR 431.64.
More specifically, DOE has received inquiries and questions
regarding the applicability of DOE's test procedure and Federal energy
conservation standards to particular models of commercial refrigeration
equipment, the proper configuration and use of certain components and
features of commercial refrigeration equipment for purposes of testing
according to the DOE test procedure, and the compliance date of the
amendments specified in the 2012 test procedure final rule. In this
NOPR, DOE addresses the questions presented by interested parties and,
where appropriate, proposes edits to the regulatory language to add
clarity to DOE's existing regulations.
On February 26, 2013, members of the Appliance Standards and
Rulemaking Federal Advisory Committee (ASRAC) unanimously decided to
form a working group to negotiate rulemaking on certification for
commercial heating, ventilation, and air-conditioning; commercial water
heating; and commercial refrigeration equipment. A notice of intent to
form the Commercial Certification Working Group was published in the
Federal Register on March 12, 2013 (EERE-2013-BT-NOC-0023), to which
DOE received 35 nominations. 78 FR 15653. On April 16, 2013 the
Department published a notice of open meeting that announced the first
meeting and listed the 22 nominations that were selected to serve as
members of the Working Group, in addition to two members from ASRAC,
and one DOE representative. 78 FR 22431. The members of the Working
Group were selected to ensure a broad and balanced array of stakeholder
interests and expertise, and include efficiency advocates,
manufacturers, a utility representative, and third party laboratory
representatives. As part of that rulemaking process, DOE conducted a
number of regulatory negotiation sessions over the course of the summer
of 2013 involving major stakeholders in the commercial refrigeration
equipment market.\5\ One outcome of these meetings was an agreement on
the need for clarification of aspects of the DOE test procedure with
respect to the treatment of specific features of commercial
refrigeration equipment. This NOPR contains proposed clarifications of
the treatment of those features by the DOE test procedure.
---------------------------------------------------------------------------
\5\ All of the details of the negotiation sessions can be found
in the public meeting transcripts that are posted to the docket for
the Working Group (https://www.regulations.gov/#!docketDetail;D=EERE-
2013-BT-NOC-0023).
---------------------------------------------------------------------------
EPCA prescribes that if any final rule 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.
6314(a)(6)) 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. 6314(a)(6)) In this NOPR, DOE is proposing edits and additional
definitions which are applicable to the DOE test procedure that must
currently be used to demonstrate compliance with existing standards
(reorganized into appendix A to subpart C of 10 CFR part 431), as well
as the test procedure established in the 2012 test procedure final rule
that are to be used with any future energy conservation standards for
commercial refrigeration equipment (reorganized into appendix B to
subpart C of 10 CFR
[[Page 64299]]
part 431). DOE does not believe that the test procedure clarifications
proposed in this notice of proposed rulemaking would affect the
measured energy use of any covered commercial refrigeration equipment
under the current DOE test procedure. The additional definitions and
amendments to the DOE test procedure for commercial refrigeration
equipment would serve only to clarify existing nomenclature, testing
provisions, and requirements for certain features and types of
commercial refrigeration equipment; they would not establish new
requirements with regard to testing commercial refrigeration equipment.
DOE notes that certification for commercial refrigeration equipment
is currently not required until December 31, 2013, and DOE is
negotiating the certification requirements, including the compliance
date, with others in the Working Group for these products (Docket No.
EERE-2013-BT-NOC-0023).
On or after the compliance date for any amended energy conservation
standards adopted as a result of the ongoing energy conservation
standards rulemaking for commercial refrigeration equipment (Docket No.
EERE-2010-BT-STD-0003), all commercial refrigeration equipment shall be
tested in accordance with appendix B to subpart C of part 431.
III. Discussion
In the 2012 test procedure final rule, DOE amends the test
procedure for commercial refrigeration equipment at 10 CFR 431.64. 77
FR 10292, 10318-10321 (Feb. 21, 2012). Since publication of the 2012
test procedure final rule, DOE has received inquiries from interested
parties regarding DOE's test procedures, definitions, and the
applicability of the existing test procedure and standards to different
types of commercial refrigeration equipment. In addition, during its
testing of numerous basic models of commercial refrigeration equipment,
DOE has encountered several test procedure provisions that require
clarification. Lastly, as a result of the negotiated rulemaking
currently being conducted by DOE to develop amended certification
requirements for commercial refrigeration equipment, DOE is also
proposing 17 clarifications regarding how different accessories are
treated under the existing test procedure.
In considering inquiries from interested parties, DOE noted several
opportunities for clarification of the test procedure, involving:
1. the applicability of the test procedure and related energy
conservation standards to certain types of equipment;
2. the definitions of hybrid commercial refrigeration equipment,
commercial refrigeration equipment with drawers, and commercial
refrigeration equipment with solid and/or transparent doors;
3. the relationship among the rating temperature, operating
temperature, and integrated average temperature;
4. the proper configuration and use of energy management systems,
lighting controls, and test packages in the DOE test procedure for
commercial refrigeration equipment;
5. the treatment of various features and components;
6. the rounding requirements for test results and certified
ratings;
7. the provision adopted in the 2012 test procedure final rule to
allow testing at the lowest application product temperature for
equipment that cannot operate at the prescribed rating temperature for
its equipment class;
8. clarifications raised by Interpretations 1, 2, 3, 4, and 5 of
AHRI Standard 1200-2010;
9. the methodology used to determine total display area; and
10. the compliance date of certain amendments established in the
2012 test procedure final rule.
A. Scope of Coverage
On October 18, 2005, DOE published a final rule adopting EPCA's
definition of commercial refrigeration equipment. This definition
includes seven provisions stating the requirements that must be met for
a piece of equipment to qualify as commercial refrigeration equipment.
These include provisions pertaining to the operational, functional, and
design characteristics of the equipment. 70 FR 60407, 60414
This definition forms the basis of the scope of coverage of DOE's
regulations for commercial refrigeration equipment. While the
definition of commercial refrigeration equipment encompasses a broad
cross-section of commercial refrigeration equipment types, DOE has only
established energy conservation standards for certain types of covered
commercial refrigeration equipment specified at 10 CFR 431.66, and
these standards apply to all new equipment distributed into U.S.
commerce. 76 FR 12422, 12426 and 12437 (Mar. 7, 2011). There are also
several types of equipment that meet the definition of commercial
refrigeration equipment for which DOE has not yet set energy
conservation standards. These include, for example, buffet tables,
salad bars, prep tables, and griddle stands.
EPCA and DOE regulations require manufacturers of commercial
refrigeration equipment to use the DOE test procedure for commercial
refrigeration equipment to evaluate compliance with any applicable
energy conservation standards and to support any representations as to
the energy use. The DOE test procedure for commercial refrigeration
equipment is set forth at 10 CFR 431.64. The test procedure applies to
all commercial refrigeration equipment for which DOE has established
energy conservation standards, including commercial refrigerators,
freezers, and refrigerator-freezers, with and without doors, with
remote or self-contained condensing units, with horizontal, vertical,
or semi-vertical configurations, and designed for holding temperature
or pull-down application.
Since publication of the 2012 test procedure final rule, DOE has
received several inquiries from interested parties regarding the
applicability of the current DOE energy conservation standards and test
procedure. In the following sections, DOE provides details and specific
examples to respond to those inquiries.
1. Salad Bars, Buffet Tables, and Other Refrigerated Holding and
Serving Equipment
DOE has received several inquiries from interested parties
regarding the application of the current DOE test procedure and
standards to salad bars, buffet tables, and other refrigerated holding
and serving equipment. Salad bars, buffet tables, and other
refrigerated holding and serving equipment are types of commercial
refrigeration equipment that store and display perishable items
temporarily during food preparation or service. These units typically
have specific design attributes, such as easily accessible or open bins
that allow convenient and unimpeded access to the refrigerated
products. As such, this equipment may operate differently from
commercial refrigeration equipment designed for storage or retailing.
While salad bars, buffet tables and other refrigerated holding and
serving equipment are covered equipment types because they meet the
definition of commercial refrigeration equipment in EPCA, the DOE test
procedure and current Federal standards do not apply due to their
unique operation. Should DOE decide to explicitly consider test
procedures or energy conservation standards for salad bars, buffet
tables, and other refrigerated
[[Page 64300]]
holding and serving equipment, it would do so in a future rulemaking.
2. Chef Bases and Griddle Stands
DOE also received inquiries about chef bases and griddle stands,
unique equipment types used in commercial kitchens to store food prior
to cooking. Specifically, interested parties inquired as to whether
this equipment was covered by the DOE test procedure and if there were
applicable standards. Chef bases and griddle stands are designed to be
placed directly under cooking equipment, such as a commercial grill.
Chef bases and griddle stands are also designed to provide food-safe
temperatures in extremely hot environments, and thus are designed with
uniquely robust refrigeration systems. These higher-capacity
refrigeration systems require larger compressors than equipment with
compressors that are appropriately sized for more typical ambient
temperatures. As a result, this equipment consumes more energy than
similarly sized, standard CRE models.
Based on the current definition of commercial refrigeration
equipment, chef bases and griddle stands are commercial refrigeration
equipment. Further, DOE believes that chef bases and griddle stands can
be tested using the DOE test procedure for commercial refrigeration
equipment. While manufacturers are not required to make representations
of the energy use or energy efficiency of chef bases or griddle stands,
a manufacturer must use the DOE test procedure to make such
representations. However, DOE has not considered the energy usage of
these types of equipment in its previous rulemakings to set standards
for commercial refrigeration equipment, thus, the current DOE energy
conservation standards do not apply to chef bases or griddle stands.
Additionally, DOE is not considering standards for this equipment at
this time, as discussed in section III.A (Docket No. EERE-2010-BT-STD-
0003). DOE is proposing additions to Sec. 431.66 to make clear that
the current energy conservation standards for CRE do not apply to chef
bases and griddle stands.
To clearly differentiate ``chef bases'' and ``griddle stands'' for
conventional types of commercial refrigeration equipment that are
currently covered by energy conservation standards, DOE proposes to
establish a definition for ``chef base'' and/or ``griddle stand.'' DOE
proposes to define ``chef base or griddle stand'' as follows:
Chef base or griddle stand means commercial refrigeration equipment
that is designed and marketed for the express purpose of having a
griddle or other cooking equipment placed on top of it that is capable
of reaching temperatures hot enough to cook food.
DOE believes this definition captures the unique operation of chef
bases and griddle stands, which are designed to provide food-safe
temperatures in extremely warm environments in excess of 200 [deg]F,
and thus are designed with uniquely robust refrigeration systems. DOE
also notes that these additional design features are specifically
marketed by manufacturers and sought after in the market, and add
considerable cost to this type of commercial refrigeration equipment.
Thus a manufacturer could not produce another type of similar
commercial refrigeration equipment and market it as a chef base or
griddle stand because that model would not meet the performance
requirements a consumer would expect.
DOE requests comment on the proposed definition for chef base or
griddle stand.
3. Existing Cases Undergoing Refurbishments or Retrofits
DOE received a stakeholder inquiry as to whether DOE's test
procedures and energy conservation standards apply to existing
equipment undergoing retrofits and refurbishments. Energy conservation
standards apply only to new equipment manufactured after the effective
date of the applicable standard, and not to equipment undergoing
retrofits or refurbishments. As DOE stated in its certification,
compliance and enforcement (CCE) final rule, published on March 7,
2011, manufacturers and private labelers must certify to DOE that each
basic model of covered equipment meets the applicable standard before
distributing that equipment into U.S. commerce. DOE clarified that its
authority covers only newly-manufactured equipment and does not extend
to rebuilt and refurbished equipment. 76 FR at 12426 and 12437 (Mar. 7,
2011).
4. Case Doors Shipped as After-Market Additions
DOE has received inquiries regarding the appropriate equipment
class and test procedure for open commercial refrigerated display cases
that may be shipped without doors installed on the unit, but with doors
accompanying the unit (perhaps in a separate package) that are intended
to be installed in the field. Stakeholders sought guidance on whether
equipment that is produced and shipped in this manner would be subject
to the standards applicable to an open case or, rather, subject to the
standards applicable to a closed case.
A basic model of commercial refrigeration equipment is tested,
rated, and subject to specific standards based on the equipment
class(es) to which that basic model belongs. For commercial
refrigeration equipment, one of the features that distinguishes the
current equipment classes is the presence of doors (i.e., open or
closed). In applying the standards required for the equipment
categories in 10 CFR 431.66, DOE proposes that when a model of
commercial refrigeration equipment is offered for sale with doors as an
optional accessory, regardless of how the unit is shipped, such unit
must be treated as equivalent to a basic model shipped with doors pre-
installed. The model should be certified based on the results of
testing in this configuration, which includes the doors. DOE seeks
comment on whether, if this same model is offered for sale as a model
without doors, it should be tested and rated with no doors installed
and meet the corresponding energy conservation standards for open case
equipment.
B. Definitions Pertinent to Commercial Refrigeration Equipment
DOE currently categorizes commercial refrigeration equipment by
equipment classes based on the following general characteristics of a
given basic model:
1. geometry of the case (i.e., vertical, horizontal, or semi-
vertical);
2. presence of doors (closed equipment) or no doors (open
equipment);
3. door type, if applicable (transparent or solid);
4. condensing unit configuration (self-contained or remote
condensing);
5. holding temperature application or pull-down temperature
application; and
6. operating temperature (refrigerator, freezer, or ice-cream
freezer).
10 CFR 431.62 provides definitions that assist manufacturers in
determining which equipment class and associated energy conservation
standard applies to a given basic model of commercial refrigeration
equipment. However, 10 CFR 431.62 does not provide explicit guidance on
how to classify commercial refrigeration equipment with drawers or how
to differentiate between a unit with transparent doors and a unit with
solid doors. Section III.B.1 through III.C provides additional
clarification in this regard.
1. Commercial Refrigeration Equipment With Drawers
DOE has received several inquiries from interested parties
regarding the coverage of CRE basic models with
[[Page 64301]]
drawers. Specifically, interested parties have inquired whether CRE
models with drawers are covered under the existing energy conservation
standards for commercial refrigeration equipment and, if so, (1) to
which equipment families they belong; and (2) what test procedure
applies to these models.
DOE's definition of commercial refrigerator, freezer, and
refrigerator-freezer specified at 10 CFR 431.62 includes a requirement
that the equipment ``[h]as transparent or solid doors, sliding or
hinged doors, a combination of hinged, sliding, transparent, or solid
doors, or no doors.'' Based on this definition, DOE interprets the term
``door'' to mean any movable component of the CRE unit that:
1. when closed, separates the interior refrigerated space from the
ambient air; and
2. when opened, provides access to the refrigerated products inside
the CRE unit.
Thus, DOE considers drawers to be doors for purposes of DOE's
regulatory program, including compliance with DOE's energy conservation
standards. As such, drawers are treated as doors when conducting the
DOE test procedure.
To illustrate the comparable operation of models of commercial
refrigeration equipment with drawers as compared to similar models with
traditional doors, DOE tested several CRE units with drawers from
multiple manufacturers using the current DOE test procedure and
compared their performance to nearly identical units with hinged doors
(belonging to the vertical closed solid, or VCS, equipment family) from
the same manufacturer product lines. During the testing, DOE also
studied the effect of drawer-opening distances by testing CRE units
with drawers at three different drawer-opening distances: 33 percent,
66 percent, and 100 percent (i.e., the drawers were opened to the
maximum extent possible during the test but not removed from the tested
unit entirely).
In summary, DOE found that he drawered units performed similarly to
the hinged-door units to which they were compared. Test results also
indicate minimal variation in measured total daily energy consumption
(TDEC) when the drawer opening distance is altered and DOE considers
this variation insignificant given input tolerances and other factors
in the test. Based upon the data, most of the variation in energy
consumption apparently is caused by the opening of the drawer, and is
not significantly affected by the amount the drawer is opened.
Thus, DOE confirms that the door-opening requirements in the DOE
test procedure apply to basic models of commercial refrigeration
equipment with drawers, just as they do for CRE units with other types
of hinged or sliding doors. That is, as required by the DOE test
procedure at 10 CFR 431.64 for basic models with doors, referencing
ASHRAE 72-2005 as incorporated, ``Each door shall be in the fully open
position for six seconds, six times per hour for eight consecutive
hours. Each door shall be opened sequentially, one at a time.'' DOE
reaffirms that current energy conservation standards prescribed for
commercial refrigeration equipment are applicable to CRE units with
drawers. Likewise, any updated standards proposed for commercial
refrigeration equipment with doors as part of the ongoing standards
rulemaking are applicable to equipment with drawers.
To clarify how DOE's regulatory scheme applies to basic models of
CRE units with drawers, DOE proposes to add language to the definition
section at 10 CFR 431.62, defining doors as being inclusive of drawers,
as follows:
Door means a movable panel that;
(1) separates the interior volume of a unit of commercial
refrigeration equipment from the ambient environment,
(2) is designed to facilitate access to the refrigerated space for
the purpose of loading and unloading product, and
(3) is affixed such that it is not removable without the use of
tools.
This includes hinged doors, sliding doors, and drawers.
DOE notes that this proposed definition only clarifies that CRE
units with drawers are currently covered under DOE's existing standards
and test procedures for the vertical, semi-vertical, or horizontal
closed equipment categories.
DOE requests comment on its proposed definition of ``door,'' and,
in particular, its specification that the term is inclusive of drawers.
2. Transparent and Solid Doors
In reviewing the CRE test procedures for commercial refrigeration
equipment, DOE identified certain opportunities for clarification
within the definitions and classifications of commercial refrigeration
equipment with solid doors versus those with transparent doors.
Specifically, DOE identified the following issues in its regulations:
1. The word `transparent' is not defined,
2. When a door is part transparent and part solid, there is no
clear guidance that allows for the door's classification as either a
transparent or solid door, and
3. When a commercial refrigerator, freezer or refrigerator-freezer
has more than one door such that one or more doors are solid and the
remainder of the doors are transparent, there is no clear guidance for
the determination of the maximum daily energy consumption of that
particular model of commercial refrigerator, freezer or refrigerator-
freezer.
As a result of inquiries from stakeholders regarding the
characterization of certain types of commercial refrigeration
equipment, DOE proposes to establish several new definitions and to
clarify the test procedure requirements at 10 CFR 431.64 to ensure
appropriate application.
a. Definition of Transparent
The DOE test procedure for commercial refrigeration equipment, as
amended by the 2012 test procedure final rule, incorporates by
reference AHRI Standard 1200-2010. 77 FR at 10318 (Feb. 21, 2012). AHRI
Standard 1200-2010 defines total display area (TDA) as ``the sum of the
projected area(s) for visible product expressed in [square feet]'' and
provides procedures for calculating the TDA of commercial refrigeration
equipment with panels, end enclosures, doors, or other envelope
components that have some transparent area(s). Appendix D of AHRI
Standard 1200-2010 provides further guidance and examples to clarify
the calculation of TDA. The appendix also defines a transparent
material as that which allows at least 65 percent light transmittance.
Therefore, based on AHRI Standard 1200-2010, a transparent door would
be one partially or entirely composed of a material that allows greater
than or equal to 65 percent light transmittance.
In adopting a definition for transparent that is applicable to
commercial refrigeration equipment, DOE has reviewed the definition of
transparent presented in AHRI Standard 1200-2010, as well as other
potential definitions. Light transmittance is a measurable property of
a material, and a definition of transparent based on light
transmittance would be unambiguous. Also, defining a transparent
material based on light transmittance is an industry-accepted practice.
However, the light transmittance of commercial refrigeration doors is
not typically provided when the door is purchased, and requiring this
evaluation may add unnecessary burden to the test procedure.
[[Page 64302]]
Alternatively, DOE could consider referencing the purpose of a
transparent door in commercial refrigeration equipment, which is to
view refrigerated product through the closed door. While the alternate
definition avoids imposition of additional test burden and addresses
the plain language utility of including a transparent material in the
construction of commercial refrigeration equipment, the interpretation
of ``allows for viewing'' is subjective. For example, doors with
special decals or colored glass may be difficult to unambiguously
categorize as ``transparent'' or ``solid.''
For this reason, DOE believes that adopting a quantifiable,
unambiguous definition is the most effective method for determining
transparency of materials for the purposes of categorizing commercial
refrigeration equipment. Therefore, in this NOPR, DOE proposes to
establish a definition of ``transparent'' based on 65% light
transmittance, as follows:
Transparent means greater than or equal to 65 percent light
transmittance, as determined in accordance with ASTM Standard E 1084-86
(Reapproved 2009), ``Standard Test Method for Solar Transmittance
(Terrestrial) of Sheet Materials Using Sunlight'' at normal incidence.
DOE is proposing to incorporate by reference the ASTM E 1084-86
(Reapproved 2009) as the method for determining light transmittance. In
selecting this test method, DOE reviewed available test procedures for
measuring light transmittance through translucent materials, including
methods from ASTM International and the NFRC. DOE determined ASTM E
1084-86 (Reapproved 2009) to be the most widely applicable test method
for measuring visible transmittance of transparent doors installed on
commercial refrigeration equipment compared to the other ASTM and NFRC
standards considered. Namely, DOE also considered ASTM 972-96
(Reapproved 2007), ``Standard test method for solar photometric
transmittance of sheet materials using sunlight,'' and NFRC 202-2012,
``Procedure for Determining Translucent Fenestration Product Visible
Transmittance at Normal Incidence.''
DOE found that ASTM E 1084-86 (Reapproved 2009) serves as the basis
for the ASTM E 972-96 (Reapproved 2007) and NFRC 202-1012, the primary
standards for determining visible transmittance through fenestration
products. Thus, ASTM E 1084-86 (Reapproved 2009) includes all the
methods referenced in ASTM E 972-96 (Reapproved 2007) and NFRC 202-
2012, in addition to some products and procedures for which ASTM 972-96
(Reapproved 2007) and NFRC 202-2012 do not apply. ASTM E 1084-86
(Reapproved 2009) is applicable to glass, which is the transparent
material commonly used in commercial refrigeration equipment, as well
as translucent fiberglass and multicell plastic panels, which cannot be
tested with a traditional methods using a spectrophotometer as required
by ASTM E 972-96 (Reapproved 2007). Also, ASTM E 1084-86 (Reapproved
2009) applies to textured panels or materials with similar non-flat
characteristics, while NFRC 202-2012 is limited to translucent panels
that do not have printed patterns or non-flat characteristics. Thus,
DOE determined that ASTM E 1084-86 (Reapproved 2009) is widely
applicable to transparent materials that would be used to construct
commercial refrigeration equipment.
ASTM E 1084-86 (Reapproved 2009) can be used to test the light
transmittance of materials at angles up to 60[deg] off normal
incidence. For the purposes of determining transparency for materials
used in the construction of commercial refrigeration equipment, DOE
proposes to specify that materials be tested at normal incidence. This
is consistent with the definition of TDA, which references the
projected area(s) for visible product where the projection is normal to
the plane of the door, and the way customers typically view products
through the door of a commercial refrigeration unit.
DOE notes that determination of the light transmittance of a
transparent material is not required in all cases to classify a basic
model of commercial refrigeration equipment as equipment with
transparent doors. Manufacturers may continue to specify equipment as
belonging to a transparent equipment class (e.g., vertical closed
transparent or horizontal closed transparent) or a solid without
testing. In most cases, it will be obvious whether a material is
transparent or not, so testing is not required to verify the
classification of a material as transparent or not. However, in cases
in which the amount of light transmittance is not obviously at least
65%, such as basic models with special decals or opaque glass, the
referenced test procedure must be used to determine if a material is
transparent or not. Because use of this additional test procedure would
not be required to determine the energy consumption of covered
equipment in all cases, DOE does not believe this proposed amendment
would add additional burden for most manufacturers conducting the DOE
test procedure.
DOE requests comments from interested parties on the proposal to
define ``transparent'' based on the optical properties of the material,
as determined by ASTM E 1084-86 (Reapproved 2009) as incorporated by
reference.
b. Definition of Equipment With Transparent Doors Versus Solid Doors
DOE received questions regarding what factors differentiate a CRE
basic model as a transparent-door model or a solid-door model. In the
energy conservation standards specified at 10 CFR 431.66, DOE refers to
equipment families using the terms ``closed solid'' and ``closed
transparent'' (for example vertical closed solid (VCS) and vertical
closed transparent (VCT)). DOE believes defining terms that are used
directly in the description of equipment classes for commercial
refrigeration equipment is an appropriate way to differentiate basic
models with solid doors from basic models with transparent doors. DOE
proposes to add new definitions for ``closed solid'' and ``closed
transparent'' to the regulatory text at 10 CFR 431.62 as follows:
Closed transparent means equipment with doors, and in which 75
percent or more of the outer surface area of all doors on the unit are
transparent.
Closed solid means equipment with doors, and in which more than 75
percent of the outer surface area of all doors on a unit are not
transparent.
These definitions would be used in conjunction with the proposed
definition of transparent, as presented in section III.B.2.a, to
categorize different basic models of commercial refrigeration
equipment.
In determining the fraction of transparent door surface area to
qualify a basic model of commercial refrigeration equipment as
equipment with transparent doors under the proposal, DOE established a
level higher than 50 percent to ensure that only transparent doors with
a majority of transparent surface area were considered transparent
doors. DOE reviewed the definitions in the ENERGY STAR[supreg] \6\
``Version 2.1 Program Requirements for Commercial Refrigerators and
Freezers'' \7\ (Version
[[Page 64303]]
2.1 Program Requirements), as well as associated stakeholder comments
received during the development of the ENERGY STAR Version 2.1 Program
Requirements.\8\ In response to stakeholder comments, the ENERGY STAR
Version 2.1 Program Requirements adopted definitions of ``solid door''
and ``transparent door'' based on a threshold of greater than or equal
to 75 percent of front surface. Based on these comments and consistent
with the ENERGY STAR requirements, DOE proposes to adopt the 75-percent
criterion for differentiating a transparent door from a solid door. DOE
believes that 75 percent is a reasonable cutoff to differentiate
between a transparent door and a solid door, as it would ensure that
only cases, in which a door on at least one side where the majority of
the surface area is transparent, would be treated as cases with
transparent doors and subject to applicable standards for transparent
cases based on TDA.
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\6\ ENERGY STAR is a joint program of the U.S. Environmental
Protection Agency and DOE that establishes a voluntary rating,
certification, and labeling program for highly energy efficient
consumer products and commercial equipment. Information on the
program is available at www.energystar.gov/index.cfm?c=home.index.
\7\ U.S. Environmental Protection Agency. ENERGY STAR[supreg]
Program Requirements for Commercial Refrigerators and Freezers:
Eligibility Criteria; Version 2.1. Effective January 1, 2010. (Last
accessed August 15, 2013.) https://www.energystar.gov/ia/partners/product_specs/program_reqs/Commercial_Refrigerator_and_Freezer_Program_Requirements.pdf?dae6-ef7c.
\8\ See Continental Refrigerator, Comments on Specification for
Commercial Refrigerators and Freezers, Version 2.0 Draft 3. Dated
January 7. 2009. Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/Continental_Comments.pdf?f45c-2369; Beverage-Air Corporation, Beverage-Air
Comments re: ENERGY VERSION 2.0--DRAFT 3, Dated January 8, 2009.
Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/Beverage-Air_Comments.pdf?f45c-2369 Anonymous, Comments on Draft 2. Dated
September 15, 2008. Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/Anonymous_Comments.pdf?f45c-2369 True Manufacturing, Comments on Draft 2.
Dated September 17, 2008. Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/True_Comments.pdf?f45c-2369 Traulsen, Comments on Draft 1. Dated April
18, 2008. Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/Traulsen_Comments.pdf?f45c-2369.
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As an example of how these definitions would apply to a basic model
of commercial refrigeration equipment, consider a vertical closed
refrigerator with three transparent doors on the front, with a surface
area of 9 ft\2\ each, and one solid door on the back, with an outer
surface area of 9 ft\2\. This case's doors have a surface area of 36
ft\2\, 75 percent of which is transparent. Thus, this basic model would
be treated as a part of the vertical closed transparent equipment
family under DOE's proposed definition. On the other hand, if the
bottom third of each door were covered by an opaque mullion or
covering, this would reduce the transparent surface area of each door
to 6 ft\2\, or 18 ft\2\ in total and increase the solid surface area to
18 ft\2\ in total. In this case, the basic model would be treated as
part of the vertical closed solid equipment family.
DOE requests comment on its proposed definitions of the terms
``closed transparent'' and ``closed solid.''
3. Hybrid Equipment and Commercial Refrigerator-Freezers
DOE also received a question about the definition of a commercial
hybrid refrigerator-freezer and appropriate standards for covered
equipment in that class.
At 10 CFR 431.62, DOE defines a commercial hybrid refrigerator,
freezer, or refrigerator-freezer as having two or more chilled and/or
frozen compartments that are in two or more different equipment
families, contained in one cabinet, and sold as a single unit.
In other words, DOE currently defines a commercial hybrid
refrigerator, freezer, or refrigerator-freezer as a single unit
consisting of two or more distinct refrigerated compartments that do
not belong to the same equipment family. For the sake of greater
clarity, DOE proposes to replace the definition of ``commercial hybrid
refrigerator, freezer, and refrigerator-freezer'' with a definition of
``commercial hybrid,'' and introduce a new definition of ``commercial
refrigerator-freezer.'' Currently, there is no definition for
commercial refrigerator-freezer at 10 CFR 431.62, and thus DOE proposes
one here.
DOE proposes definitions for ``commercial hybrid,'' and
``commercial refrigerator-freezer'' as set out in the proposed
amendments to 10 CFR 431.62 in this NOPR.
According to these proposed definitions, a commercial hybrid
refrigerator-freezer would be a unit that satisfies the definition of
``commercial hybrid'' and the definition of ``commercial refrigerator-
freezer.'' A commercial (non-hybrid) refrigerator-freezer is a unit
that satisfies the definition of commercial refrigerator-freezer but
does not satisfy the definition of commercial hybrid refrigeration
unit.
An example of a commercial hybrid refrigerator, freezer, or
refrigerator-freezer is a self-contained CRE basic model with two
compartments, one belonging to the vertical closed transparent (VCT)
equipment family and the other belonging to the horizontal open (HZO)
equipment family. If one compartment (of the VCT-HZO hybrid unit) is
designed to operate in the freezer temperature range and the other in
the refrigerator temperature range, then the basic model is a
commercial hybrid refrigerator-freezer. By contrast, if a basic model
of commercial refrigeration equipment contains two compartments, both
of them belonging to the VCT equipment family, but one operates in the
refrigerator temperature range and the other in the freezer temperature
range, the basic model is a commercial (non-hybrid) refrigerator-
freezer.
The method to calculate the maximum daily energy consumption of
commercial hybrid refrigerators, freezers, and refrigerator-freezers
other than (non-hybrid) refrigerator-freezers with solid doors is
described at 10 CFR 431.66(d)(2). For (non-hybrid) refrigerator-
freezers with solid doors, the standard is specified at 10 CFR
431.66(b).
DOE requests comment on the clarity and sufficiency of the proposed
definitions for ``commercial hybrid'' and ``commercial refrigerator-
freezer.''
C. Relationship Among Rating Temperature, Operating Temperature, and
Integrated Average Temperature
Since publication of the 2012 test procedure final rule, DOE has
received inquiries from interested parties regarding the terminology
used to describe the operating temperatures and appropriate rating
temperatures for commercial refrigeration equipment for which standards
have been specified in 10 CFR 431.66. Currently, the table at 10 CFR
431.66(d)(1) describing the energy conservation standards for equipment
other than hybrid equipment, refrigerator-freezers, and wedge cases
refers to the ``rating temperature'' and ``operating temperature'' of
equipment.
The table describing the applicable test procedure for covered
equipment at 10 CFR 431.64(b)(3) refers to the term ``integrated
average temperature.'' DOE defines ``integrated average temperature''
as ``the average temperature of all the test package measurements taken
during the test.'' 10 CFR 431.62 ``[R]ating temperature'' is the
integrated average temperature at which a model of commercial
refrigeration equipment should be evaluated in accordance with the DOE
test procedure. ``[O]perating temperature'' refers to the range of
integrated average temperatures at which the unit of commercial
refrigeration equipment is capable of operating. The operating
temperature provides a means for differentiating among refrigerators,
freezers, and ice-cream freezers. For example, a commercial
refrigerator has an operating temperature range at or above 32 [deg]F
and should be tested, in accordance with the
[[Page 64304]]
DOE test procedure, with the integrated average temperature maintained
at the rating temperature of 38 [deg]F for refrigerators. A commercial
freezer with an operating temperature range below 32 [deg]F should be
tested, in accordance with the DOE test procedure, with the integrated
average temperature maintained at the rating temperature for freezers
of 0 [deg]F. 10 CFR 431.66(d)(1) The ``rating temperature'' in the
standards table at 10 CFR 431.66(d)(1) is the same as the rating
temperature in the table at 10 CFR 431.64(b)(3), except that the
integrated average temperature in the table at 10 CFR 431.64(b)(3) has
a tolerance of 2 [deg]F to account for the inherent
variability associated with testing.
The integrated average temperature is determined as a result of
testing, while the rating temperature is a nominal value representing
the target integrated average temperature for a given test. The
intended relationship between these two terms is that, when testing a
given unit of commercial refrigeration equipment, the integrated
average temperature observed during the test should fall within the
allowed tolerance (2 [deg]F) of the prescribed rating
temperature for that unit, based on its designated equipment class. The
designated equipment class for a model of commercial refrigeration
equipment and, thus, the associated rating temperature, are determined
based on the range of operating temperatures for that unit, among other
factors.
To clearly articulate the relationship between these terms in the
language at 10 CFR part 431, subpart C, DOE proposes to amend 10 CFR
431.64 to state that the integrated average temperature determined as a
result of testing a unit shall be within 2 [deg]F of the
prescribed rating temperature for that unit's equipment class, as
specified in the table at 10 CFR 431.66(d)(1). DOE also proposes to
include definitions for the terms ``rating temperature'' and
``operating temperature'' at 10 CFR 431.62 as follows:
Rating temperature means the integrated average temperature a unit
must maintain during testing (i.e., either as listed in the table at 10
CFR 431.66(d)(1) or the lowest application product temperature).
Operating temperature means the range of integrated average
temperatures at which a commercial refrigeration unit is capable of
operating.
DOE believes that these definitions would provide clarification of
the relationship among the terms integrated average temperature, rating
temperature, and operating temperature.
While DOE uses the operating temperature range of the equipment to
establish the appropriate equipment class for CRE basic models based on
the standards table at 10 CFR 431.66(d)(1), only the definition of
``ice-cream freezer'' explicitly identifies the appropriate operating
range (i.e., at or below -5 [deg]F). 10 CFR 431.62. In fact, DOE
currently does not independently define ``commercial refrigerator'' or
``commercial freezer.'' Therefore, DOE also proposes to establish
definitions for ``commercial refrigerator'' and ``commercial freezer''
as set out in the proposed amendments to 10 CFR 431.62 in this NOPR.
DOE has proposed a definition for ``commercial refrigerator-
freezer'' above (see section III.B.3), and DOE's definition of ``ice-
cream freezer'' can be found at 10 CFR 431.62. The definition of ice-
cream freezer specifies additional requirements for a freezer to be
classified as an ice-cream freezer. The definition for ice-cream
freezer included at 10 CFR 431.62 states that an ice-cream freezer
means a commercial freezer that is designed to operate at or below -5
[deg]F (-21 [deg]C) and that the manufacturer designs, markets, or
intends for the storing, displaying, or dispensing of ice cream.
DOE recognizes that some basic models may have operating
characteristics that include an operating temperature range that spans
multiple equipment classes. For example, a CRE model with an operating
temperature range of >15 [deg]F and <36 [deg]F meets the definition of
both a commercial refrigerator (capable of operating at or above 32
[deg]F) and a commercial freezer (capable of operating below 32
[deg]F). The current language does not make clear how to categorize
this model. DOE is proposing language that specifies how to
appropriately characterize basic models operating over temperature
ranges that span multiple equipment classes. Specifically, DOE proposes
that equipment meeting the definition of multiple equipment classes
when operated as intended by the manufacturer would have to be tested
and certified as each of these equipment classes to demonstrate
compliance with DOE's energy conservation standards. The CRE model
described above with an operating temperature range of >15 [deg]F and
<36 [deg]F would need to be tested and certified as both a commercial
refrigerator and a commercial freezer.
DOE requests comment on its proposed definitions for ``operating
temperature'' and ``rating temperature,'' and its proposal to clarify
the relationship between integrated average temperature and rating
temperature. DOE also requests comment on its proposed definitions of
``commercial refrigerator'' and ``commercial freezer.''
D. Proper Configuration and Use of Components or Features in the DOE
Test Procedure
DOE has received several inquiries from interested parties
regarding the proper configuration and use of certain components or
features specified in the DOE test procedure. Specifically, interested
parties have inquired regarding how energy management systems and case
lighting are to be operating when conducting the DOE test procedure,
and the appropriate temperatures of test packages when loaded into the
test unit. These inquiries and DOE's responses are summarized in the
subsequent sections.
1. Energy Management Systems
DOE has received inquiries from interested parties regarding how to
test CRE units equipped with automated energy management controls,
specifically those that turn off merchandising lights and raise the
cabinet temperature (in the case of some beverage merchandisers)
outside of normal merchandising hours.
The DOE test procedure specifies that all devices that would
normally be used in the field must be installed and operated in the
same manner during the test unless such installation and operation is
inconsistent with any requirement of the test procedure.\9\ Such
devices include energy management systems. DOE interprets energy
management systems as meaning electronic devices that control specific
systems in commercial refrigeration equipment to save energy. Moreover,
DOE research indicates that applicable energy management systems are
permanently installed on the case and configured to operate
automatically without the intervention of an operator after
configuration is complete. For example, an operator may be required
initially to program the energy management device to turn off case
lighting based on a particular schedule. However, once programmed, an
energy management system would continue to perform the desired
function, in this case altering case lighting automatically without
further intervention by the operator. Further examples of the functions
of energy management systems include, but are not limited to:
---------------------------------------------------------------------------
\9\ ASHRAE 72-2005, section 6.1.1, ``Accessories,'' as
incorporated by reference into the DOE test procedure at 10 CFR
431.64.
---------------------------------------------------------------------------
[[Page 64305]]
Turning off cabinet lights on a predetermined schedule or
in response to an external variable;
increasing the temperature setting of the thermostat (in
refrigerators that store non-perishable items) during non-merchandizing
hours; and
activating and deactivating anti-sweat heaters, pan
heaters, or defrost heaters.
If normal field installation or operation of any device would be
inconsistent with any test procedure requirement, then the specific
function of that device that causes inconsistency with the DOE test
procedure provisions must be disabled for the duration of the test. If
the device is designed for multiple functions, only those functions of
the device that cause inconsistency with the DOE test procedure
requirements must be disabled.
For example, the DOE test procedure requires that all equipment
that can operate at the DOE-specified rating temperatures (i.e., 38
2 [deg]F, 0 2 [deg]F, and -15 2
[deg]F) be operated at those rating temperatures during the test. 10
CFR 431.64 If an energy management system raises or lowers the cabinet
temperature such that the applicable integrated average temperature
cannot be maintained within the rating temperature ranges, then the
function of the energy management system that varies the cabinet
temperature must be disabled for the duration of the test. If the
energy management system controls other systems, in addition to cabinet
temperature, those functions of the energy management system should
remain enabled, provided those functions do not violate the
requirements of the DOE test procedure. Therefore, if the installed
energy management system is not able to disable those functions that
violate certain test procedure provisions while other functions remain
operational, the entire energy management system must be disabled
during testing.
2. Lighting
DOE received an inquiry from an interested party regarding the
appropriate position for a manual light switch when testing commercial
refrigeration equipment with an operable light switch.
The DOE test procedure specifies that all devices that would
normally be used in the field must be installed and operated in the
same manner during the test. 10 CFR 431.64. Specifically, ARI Standard
1200-2006 (as incorporated by reference in the 2006 test procedure
final rule) and AHRI Standard 1200-2010 (as incorporated by reference
in the 2012 test procedure final rule and this proposed test procedure
update) specify that the TDEC or combined daily energy consumption
(CDEC) for self-contained or remote condensing cases, respectively,
``shall include compressors, evaporator fan motors, condensing fan
motors, lighting, anti-condensate loads including fans and heaters,
defrost heaters, condensate evaporator pans, and any other suitable
electrical loads when they are part of the unit.'' This explicit
reference to case lighting loads indicates that the energy consumption
associated with lights installed on a model of commercial refrigeration
equipment are intended to be captured during testing.
In addition, the DOE test procedure, through AHRI Standard 1200-
2010, references ASHRAE 72-2005, ``Method of Testing Commercial
Refrigerators and Freezers,'' to specify the appropriate test apparatus
and conditions suitable for determining the energy consumption of
commercial refrigeration equipment. 10 CFR 431.64. ASHRAE 72-2005
specifies, in section 6.1.1, ``Accessories,'' that ``all standard
components, such as shelves, end enclosures, lights, anti-condensate
heaters, racks, and similar items that would normally be used during
shopping or working periods, shall be installed and used as recommended
by the manufacturer.'' DOE interprets this requirement to mean that if
lighting is installed on the case, the lighting should be operated as
intended to be used in the field. For example, if a vertical solid case
has lighting installed within the case that turns on only when the door
is opened, but remains off when the doors are closed, the lighting in
that case should be left to operate in the same manner during testing.
In other words, the lighting should be turned on only during the
periods of the test when the door is required to be open.
In the 2012 test procedure final rule, DOE adopts specific
provisions for testing lighting control systems that have variable
operation, such as lighting occupancy sensors that control lighting
based on the presence of customer activity in front of the case and
scheduled controls that control case lighting based on a pre-set
schedule. 77 FR at 10298-302 (Feb. 21, 2012). Due to the variety of
types of lighting controls and schemes available on the market, the
existing provisions for ``accessories'' may prove insufficient to yield
consistent results during testing. Therefore, in the 2012 test
procedure final rule, DOE establishes specific time periods these
variable lights may be turned off or dimmed during the test to account
for energy savings due to installed occupancy sensors or scheduled
lighting controls. 77 FR at 10319-10320 (Feb. 21, 2012).
DOE wishes to clarify that a mechanical light switch does not
constitute an energy management system, such as scheduled lighting
controls or occupancy sensors. Models of commercial refrigeration
equipment with lighting installed on the case and no energy management
system should be tested with lights on to their maximum illumination
level for the duration of the test, except for models with solid doors
in which the manufacturer instructs the use of lighting controls that
automatically turn off internal case lighting when the door is closed.
For such models, the lighting control should be operated in the
automatic setting, consistent with manufacturer recommendations, even
if the model has a manual switch that disables the automatic lighting
control. In general, except for the case noted above, any lighting
controls with a user-selectable setting must be turned on and set to
the maximum usage position. Under the current CRE test procedure,
models featuring an automatic, non-user adjustable controller, such as
a lighting occupancy sensor or scheduled lighting controller, must be
disabled such that any case lighting is in its maximum illumination
setting during testing. After the provisions adopted in the 2012 test
procedure become effective, in association with the compliance date of
any amended standards for commercial refrigeration equipment, models
with lighting occupancy sensors or scheduled lighting controls should
be operated in accordance with the 2012 amendments to the DOE test
procedure for commercial refrigeration equipment. 77 FR at 10319-10320
(Feb. 21, 2012). For further discussion of energy management systems,
please refer to section III.D.1.
To clarify DOE's existing test procedure, DOE proposes to specify
in appendix A to Subpart C that all lighting must be energized to the
maximum illumination level for the duration of testing for commercial
refrigeration equipment except for closed solid models of commercial
refrigeration equipment which includes automatic controls that disable
case lighting when the door is closed, the use of which is specified by
the manufacturer instructions. DOE also proposes to specify in appendix
B to subpart C, which will be required for equipment testing on or
after the compliance date of any amended energy conservation standards,
that case lighting shall be energized to its maximum illumination
level, except for when a model of commercial
[[Page 64306]]
refrigeration equipment is equipped with lighting occupancy sensors
and/or scheduled controls, or when the a model is outfitted with other
permanently installed, automatic energy management systems that control
case lighting. If the unit includes an automatic lighting control
system, it should be enabled during test. If the unit is equipped with
lighting occupancy sensors and controls in should be tested in
accordance with the provisions adopted in the 2012 test procedure final
rule. 77 FR at 10319-10320 (Feb. 21, 2012).
3. Test Package Temperatures
Some manufacturers have inquired whether the DOE test procedure has
specific temperature requirements for the test simulators and filler
packages that must be met prior to loading the packages in the
commercial refrigeration equipment for testing pursuant to the DOE test
procedure found at 10 CFR 431.64. Specifically, several manufacturers
have expressed the opinion that test simulators and filler packages
should be pre-chilled to the temperature at which the equipment will be
tested prior to loading. The manufacturers expressed concern that
equipment should not be operating in a pull-down capacity \10\ during
the test.
---------------------------------------------------------------------------
\10\ Pull-down capacity refers to a commercial refrigerator,
freezer, or refrigerator-freezer, which is not operating in steady-
state condition, but is instead actively reducing the temperature of
products contained within the refrigerated space.
---------------------------------------------------------------------------
The ASHRAE 72-2005 method of test, as referenced by ARI Standard
1200-2006 and AHRI Standard 1200-2010, and thus incorporated by the DOE
test procedure at 10 CFR 431.64, provides specific instruction at
section 6.2 as to the loading of test simulators and filler packages.
ASHRAE 72-2005 also requires temperature stabilization before the
formal test period begins, as detailed in Section 7.4. Specifically,
the unit must run until ``steady state'' conditions, as defined in
section 3, are achieved. ``Steady state'' is defined as ``the condition
where the average temperature of all test simulators changes less than
0.2 [deg]C (0.4 [deg]F) from one 24-hour period or refrigeration cycle
to the next.'' After steady-state operation is reached, the unit must
then operate for another period of 12 hours without any adjustment to
the controls before it is deemed to be stabilized and the testing can
begin. Based on these established stabilization requirements, the
product simulators and test packages would be cooled to the test
temperature prior to initiation of the test period and data collection,
and the unit of commercial refrigeration equipment under test would not
operate in a pull-down application during any part of the DOE test
procedure. Thus, DOE does not believe the product simulators or test
packages need to be a specified temperature prior to loading in the
commercial refrigeration equipment for testing.
E. Treatment of Other Specific Equipment Features and Accessories
During Testing
During the ongoing negotiated rulemaking for certification of
commercial heating, ventilation, air conditioning, refrigeration, and
water heating equipment, a number of issues were raised by stakeholders
regarding the treatment during the DOE test procedure of specific
features, components, and accessories which may be in place on certain
basic models of commercial refrigeration equipment. After discussion
with those stakeholders during the negotiation proceedings, DOE seeks
to issue clarifications on these subjects. The ensuing sections discuss
specific features, components, and accessories and present DOE's
proposals regarding how these items should be treated under the
existing and any amended DOE test procedure provisions.
1. Customer Display Signs/Lights
Manufacturers stated that some customers, when ordering commercial
refrigeration equipment, may wish to add additional exterior signage,
outside of the body of the refrigerated cabinet, to certain units of a
given model for the purposes of advertising the product inside. This
lighting and signage is optional and is not integral to the cabinet.
Further, this auxiliary signage does not serve to illuminate product
inside the body of the cabinet. During the negotiations, stakeholders
inquired regarding how this lighting or signage should be treated
during testing.
DOE proposes that under the DOE test procedure, all lighting that
is integral to the refrigerated cabinet or illuminates the product
contained within must be operational during the test. Under DOE's
proposal, supplemental lighting that exists solely for the purposes of
advertising or drawing attention to the case and is not integral to the
case would not be operated during testing under the DOE test procedure.
DOE is proposing to add clarifying language in the regulatory text to
address customer display signs/lights.
2. Condensate Pan Heaters and Pumps
Commercial refrigeration equipment captures water from the air
entering the cabinet during operation by causing the water to condense
and then freeze on the evaporator coil of the equipment. During a
defrost cycle, this frost is melted, and the meltwater produced must be
removed from the unit. In many types of equipment, this meltwater is
collected in a pan beneath the unit. Some models of commercial
refrigeration equipment come equipped with electric resistance heaters
which evaporate this water out of the pan and into the ambient air.
Other models may come equipped with pumps, which pump meltwater to an
external drain. Stakeholders inquired regarding the treatment of these
condensate pan heaters and condensate pumps under the DOE test
procedure.
DOE proposes that, during the DOE test procedure, these electric
resistance heaters and condensate pumps must be installed and
operational during the entire test (as per section 6.1.1,
``Accessories,'' of ASHRAE 72-2005). The ``entire test'' includes
stabilization (including pull-down), steady-state and performance
testing periods. Prior to the start of the stabilization period, as
defined by ASHRAE 72-2005, the condensate pan should be dry. During the
entirety of the period of the test following the start of the
stabilization period, any condensate moisture generated should be
allowed to accumulate in the pan, as it would during normal operations.
Water should not be manually added to or removed from the condensate
pan at any time during the entire test.
DOE is aware that manufacturers may offer condensate pan heaters
and pumps such that they are shipped separately from, or not installed
upon, the specific unit of commercial refrigeration equipment with
which they would be used in normal operation. DOE proposes that, if the
manufacturer offers a given basic model for sale with an available
condensate pan heater or pump, the manufacturer must make
representations of the performance of the basic model as tested with
the feature in place. DOE is proposing to add clarifying language in
the regulatory text to address condensate pan heaters and pumps.
3. Anti-Sweat Door Heaters
Many transparent-door cases come equipped with anti-sweat electric
resistance heaters that serve to evaporate any water that condenses on
the transparent surface of the door during operation. In some
instances, manufacturers may equip their cases with higher-powered
anti-sweat heaters in anticipation of potential adverse operation
conditions. During the negotiation proceedings, stakeholders
[[Page 64307]]
questioned how cases equipped with high-wattage anti-sweat door heaters
should be treated during testing.
DOE proposes that anti-sweat heaters should be operational during
testing under the DOE test procedure. Models with a user-selectable
setting must be turned on and set to the maximum usage position. Models
featuring an automatic, non-user adjustable controller that turns on or
off based on environmental conditions must be operating in the
automatic state. Additionally, DOE proposes that, if a unit is not
shipped with a controller from the point of manufacture, and is
intended to be used with a controller, the manufacturer must make
representations of the basic model based upon the rated performance of
that basic model as tested when equipped with an appropriate
controller. DOE is proposing to add clarifying language in the
regulatory text to address anti-sweat door heaters.
4. Ultraviolet Lights
Some manufacturers equip certain models of commercial refrigeration
equipment with ultraviolet lights, which can be operated by end users
to neutralize pathogens and ensure case cleanliness. Manufacturers
inquired as to how these should be treated during the DOE test
procedure. DOE proposes that ultraviolet lights should not be turned on
during the conduct of the test procedure and is adding regulatory text
to clarify.
5. Illuminated Temperature Displays and Alarms
Manufacturers may equip some commercial refrigeration equipment
models with illuminated displays that provide visual information to the
equipment operator regarding, for example, the temperature inside the
refrigerated case. Manufacturers may also offer alarms that notify
operators if the case temperature falls outside of a specified range.
DOE understands these items to be features integral to the design of
the given model and proposes that they should be enabled during the
test as they would be during normal field operation. DOE is proposing
to add clarifying language in the regulatory text to address
illuminated temperature displays and alarms.
6. Condenser Filters
Manufacturers may offer models equipped with non-permanent filters
over a model's condenser coil to prevent particulates such as flour
from blocking the condenser coil and reducing airflow. DOE proposes
that these filters should be removed during the DOE test procedure and
proposes to add clarifying language as part of the regulatory text.
7. Refrigeration System Security Covers
Manufacturers may offer for sale with a basic model an option to
include straps or other devices to secure the condensing unit and
prevent theft or tampering. DOE proposes that these security devices
should be removed during testing under the DOE test procedure and
proposes to add clarifying language as part of the regulatory text.
8. Night Curtains and Covers
During the negotiated rulemaking proceedings, manufacturers
inquired regarding the treatment of night curtains and night covers
under the DOE test procedure. This feature is defined at 10 CFR 431.62,
as a device that is deployed temporarily to decrease air exchange and
heat transfer between the refrigerated case and the surrounding
environment. Additionally, the proper treatment of these components
during the conduct of the DOE test procedure is discussed in the
current text of the DOE test procedure, 10 CFR 431.64, as amended by
the 2012 DOE test procedure final rule. These provisions are reflected
at section 1.2.10 in appendix B. Night curtains may not be used when
testing under appendix A.
9. Grill Options
Manufacturers may offer for sale with a basic model optional grills
which are used to direct airflow in unique applications, such as when a
unit is mounted close to a rear wall and the airflow needs to be
directed upwards. DOE proposes that, if present, non-standard grills
should be removed during testing under the DOE test procedure and
proposes to add clarifying language as part of the regulatory text.
10. Coated Coils
During the negotiations, manufacturers inquired as to whether units
featuring coated coils are subject to testing under the DOE test
procedure. These coils, generally specified for use in units that will
be subjected to environments in which acids or oxidizers are present,
are treated with an additional coating (such as a layer of epoxy or
polymer) as a barrier to protect the bare metal of the coil from
deterioration through environmental contact. DOE believes the existing
DOE test procedure accurately accounts for the performance of all types
of coils, including those with coatings and that no additional
accommodations or clarifications are needed in the test procedure.
Commercial refrigeration equipment with coated coils shall be tested in
accordance with the DOE test procedure, as specified at appendices A
and B to subpart C of 10 CFR part 431, in their entirety.
11. Internal Secondary Coolant Circuits
One manufacturer asked for clarification of the treatment of a unit
that features an internal, secondary, working fluid that is cooled by a
remote condensing unit. This proprietary design purportedly allows for
greater control of unit temperature, and may present other attributes
desirable to a customer. Upon discussion and examination of the design
during the negotiation proceedings, DOE found no evidence indicating
that this design could not be tested using the DOE test procedure as
written, as the operation of equipment with internal secondary coolant
circuits would be effectively the same as that of a standard remote
condensing case from the perspective of the test procedure.
12. Wedge Cases
Wedge cases are models of commercial refrigeration equipment that
fit between two other cases to fill a gap (such as in a corner) in a
continuous case lineup. They may require air spillover from adjacent
cases to meet the manufacturer's design temperatures. During the
negotiation proceedings, manufacturers inquired as to how wedge cases
should be treated under the DOE test procedure.
DOE considered the coverage and testing of wedge cases in the 2009
energy conservation standards final rule. Based on that assessment, DOE
understands that wedge cases meet the definition of commercial
refrigeration equipment and fall into existing CRE equipment classes.
At this time, DOE is unaware of any technical attributes that prevent
wedge cases from being tested using the DOE test procedure, or where
the DOE test procedure is not representative of the energy use of a
given basic model of wedge case. If manufacturers determine that these
circumstances exist, they may seek a test procedure waiver for that
model pursuant to DOE regulations at 10 CFR 431.401. Consistent with
these regulations, DOE will consider amendments to its test procedure
to accommodate such equipment.
13. Misting or Humidification Systems
Manufacturers may offer for sale with a basic model optional
misting or humidification systems, which dispense a water mist used to
maintain the
[[Page 64308]]
optimal quality of products. These are commonly used with cases
containing, for example, fresh produce, meat, or seafood. DOE proposes
that, if present, these systems should be inactive during testing under
the DOE test procedure and proposes to add clarifying language as part
of the regulatory text.
14. Air Purifiers
Manufacturers may offer for sale purifying systems to remove
contaminants from air recirculated within the interior of a
refrigerated case. DOE proposes that air purifiers should be inactive
during testing under the DOE test procedure and proposes to add
clarifying language as part of the regulatory text.
15. General Purpose Outlets
Some commercial refrigeration equipment may be offered for sale
with integrated general purpose electrical outlets, which may be used
to power additional equipment such as scales or slicers. During the
negotiations, manufacturers inquired as to the treatment of these
outlets. DOE proposes that, during testing under the DOE test
procedure, no external load should be connected to the general purpose
outlets contained within a unit and proposes to add clarifying language
as part of the regulatory text.
16. Crankcase Heaters
Some models of self-contained commercial refrigeration equipment
feature electric resistance heaters designed to keep the compressor
warm in order to maintain the refrigerant contained within at optimal
conditions when the unit is operating at low ambient temperatures. DOE
proposes that, if present, crankcase heaters should be operational
during the test. Under this proposal, if a control system, such as a
thermostat or electronic controller, is used to modulate the operation
of the crankcase heater, it should be used as intended per the
manufacturer's instructions. DOE is proposing to add clarifying
language regarding testing units with crankcase heaters.
17. Interior/Exterior Liners
Manufacturers may offer for sale a variety of different interior or
exterior liner materials with a given commercial refrigeration
equipment basic model. These liners, by virtue of differences in
thickness, composition, and other physical attributes, could change the
insulative properties of the case walls, and thus alter the energy
consumption of the case. Manufacturers inquired during the negotiations
regarding the treatment of cases with different interior or exterior
liners. The test procedure estimates the heat loss from the
refrigerated space to the surroundings by measuring the amount of
energy needed to maintain the refrigerated space at the given rating
temperature. Consequently, DOE believes that the DOE test procedure
adequately accounts for variability in the energy consumption of models
with different liner types just as it accounts for the difference
energy performance of models with varying levels of insulation.
Therefore DOE is not proposing any additional measures to accommodate
these equipment features.
F. Rounding of Test Results and Certified Ratings
DOE's requirements for calculating test results and certified
ratings for covered commercial refrigeration equipment are found at 10
CFR 431.64 and 10 CFR 429.42, respectively. The DOE test procedure
currently prescribes that the daily energy consumption of a unit of
commercial refrigeration equipment must be determined in accordance
with the DOE test procedure. The current DOE test procedure, which
incorporates by reference provisions from ARI Standard 1200-2006 and
AHRI Standard 1200-2010, requires that the CDEC, for remote condensing
equipment, and the TDEC, for self-contained refrigeration equipment, be
expressed in terms of kilowatt-hours (kWh) per day and must be stated
in increments of 0.01 kWh per day.
Consequently, DOE is proposing clarifications to 431.64 that all
calculations in the DOE test procedure must be carried out using raw,
measured values, and the results from the testing of a single unit of a
given basic model should be expressed in 0.01 kWh per day.
Similarly, DOE notes that these calculation and rounding
requirements are also applicable to reporting certified ratings for a
basic model, in accordance with the requirements for certified ratings
for commercial refrigeration equipment described at 10 CFR 429.42.
Therefore, DOE also proposes to update the language at 10 CFR 429.42 to
reflect the same rounding requirements, namely that certified ratings
shall be expressed in 0.01 kWh per day increments.
DOE requests comment on its proposed rounding provisions for
commercial refrigeration equipment.
G. Testing at the Lowest Application Product Temperature
DOE defines equipment classes for commercial refrigeration
equipment based on three distinct operating temperature ranges: (1)
Refrigerators that have operating temperatures at or above 32 [deg]F
and are tested at a rating temperature of 38 [deg]F (2
[deg]F); (2) freezers that have operating temperatures below 32 [deg]F
and are tested at a rating temperature of 0 [deg]F (2
[deg]F); and (3) ice-cream freezers that have operating temperatures at
or below -5 [deg]F and are tested at a rating temperature of -15 [deg]F
(2 [deg]F). 10 CFR 431.64; id. Sec. 431.66(d)(1).
In the 2012 test procedure final rule, DOE establishes provisions
for testing equipment that is not capable of achieving the prescribed
rating temperature for its respective equipment class. This equipment
includes, for example, floral cases, which commonly feature operating
temperatures of 40-50 [deg]F, and ice storage cases, which often have
operating temperatures near 20 [deg]F. These equipment types do not
have operating temperatures that are low enough to meet their
respective rating temperature requirements. The 2012 test procedure
amendments specify that such equipment must be tested at its lowest
application product temperature (LAPT), instead of the specified rating
temperature for its given equipment class. 77 FR at 10320 (Feb. 21,
2012). DOE regulations at 10 CFR 431.62 define LAPT as an integrated
average temperature closest to the specified rating temperature for a
given piece of equipment achievable which is repeatable such that the
integrated average temperature of a given unit is within 2
[deg]F of the average of all integrated average temperature values for
that basic model. For cases with thermostats, this will be the lowest
thermostat set point. DOE adopted this provision to eliminate the need
for waivers for commercial refrigeration equipment that are not capable
of operating at the prescribed rating temperature for their equipment
class, but that otherwise can be tested in accordance with the DOE test
procedure.
To clarify, if a certain basic model of commercial refrigeration
equipment cannot be operated at the prescribed rating temperature for
its given equipment class, the manufacturer must test the equipment at
the LAPT. The equipment must be tested in accordance with all the
requirements of the DOE test procedure, except that the rating
temperature for this equipment will be the LAPT and the integrated
average
[[Page 64309]]
temperature measured during the test will be within 2
[deg]F of the LAPT instead of within 2 [deg]F of the
prescribed rating temperature for that equipment class.
The LAPT is the lowest temperature at which a given basic model is
capable of operating. For example, if a basic model of freezer has an
operating range from 8 to 28 [deg]F, and thus cannot operate at the
prescribed rating temperature of 0 [deg]F, that basic model would be
tested at its LAPT. The LAPT for the case in this example would be 8
[deg]F because that is the lowest operating temperature achievable by
the basic model. However, 8 [deg]F would be the LAPT for the given
basic model only if any unit of this basic model could achieve the
specified LAPT of 8 [deg]F 2 [deg]F. To elaborate, if DOE
were to randomly select a representative unit of this model to test for
compliance purposes, DOE should be able to test the unit such that an
integrated average temperature between 6 [deg]F and 10 [deg]F is
maintained over the duration of the test procedure after setting the
unit to maintain an internal refrigerated temperature of 8 [deg]F. The
selected unit must not be able to operate at 0 [deg]F.
To clarify the intent and application of the LAPT, DOE proposes to
modify the definition of LAPT as follows as set out in the proposed
amendments to 10 CFR 431.62 in this NOPR.
Although ASHRAE 72-2005 is currently evoked as the DOE method of
test through DOE's incorporation by reference of ARI 1200-2006 and AHRI
1200-2010 as the test procedure for commercial refrigeration equipment,
DOE has never specifically incorporated by reference ASHRAE 72-2005.
Due to the explicit reference of ASHRAE 72-2005 in the proposed
definition of LAPT in this NOPR, DOE proposes to incorporate by
reference ASHRAE 72-2005 at 10 CFR 431.63.
DOE requests comment on its proposed modification to the LAPT
definition and its proposal to incorporate by reference ASHRAE 72-2005.
As specified in the 2012 test procedure final rule, equipment
tested in accordance with the LAPT provisions will still be subject to
the relevant energy conservation standards for the designated equipment
class. 77 FR at 10302-10303 (Feb 21, 2012). In addition, equipment
rated under the LAPT provision will be subject to the same
certification requirements as all commercial refrigeration equipment,
as specified at 10 CFR 429.42. While DOE did not modify the
certification requirements for equipment tested at the LAPT in the 2012
test procedure final rule to require manufacturers to report the
temperature at which the unit was tested (if other than the rating
temperature), DOE requires that documentation to support the selection
of the LAPT the manufacturer used for testing be maintained as part of
the test data underlying the certification. 77 FR at 10303 (Feb. 21,
2012). Further, DOE requires that the certified ratings calculated from
the test data and applicable sampling plans should reflect the energy
consumption measured at the LAPT. 77 FR at 10303 (Feb. 21, 2012).
H. Clarifications in Response to Interpretations to AHRI Standard 1200-
2010
In addition to responding to inquiries from interested parties
regarding the test procedure for commercial refrigeration equipment, in
this NOPR DOE also proposes to clarify its test procedure to respond to
issues identified by several recent industry interpretations of the
referenced industry test procedure, AHRI Standard 1200-2010.
The 2012 test procedure final rule amends the DOE test procedure
for commercial refrigeration equipment to reference AHRI Standard 1200-
2010 as the method of test to be used as of the compliance date of any
amended standards established as part of the ongoing energy
conservation standards rulemaking. 77 FR at 10295-96 (Feb. 21, 2012).
Since publication of the 2012 test procedure final rule, AHRI has
published five interpretations to AHRI Standard 1200-2010.
Interpretations 1 through 4 to AHRI Standard 1200-2010 were issued by
AHRI to clarify the method for calculation of TDA. While both ARI
Standard 1200-2006 and AHRI Standard 1200-2010 provide instructions for
calculation of TDA for standard equipment configurations,
Interpretations 1, 2, 3, and 4 to AHRI Standard 1200-2010 extend this
guidance to certain configurations for which AHRI believes the current
industry standard may be inadequate. Interpretation 5 to AHRI Standard
1200-2010 clarifies the approach for testing commercial refrigeration
equipment with two independent refrigeration sections.
A summary of the five AHRI interpretations is laid out below:
Interpretation 1 clarifies that the height measurement should be
representative of the visible area of merchandise inside the case and
should not include glass area if the ``view'' is blocked by solid
features, such as a honeycomb area or deck pans\11\.
---------------------------------------------------------------------------
\11\ Honeycomb area and deck pans are examples of internal,
solid components of commercial refrigeration equipment that are
integral to operation of the unit, but may impact the view of
product for open to closed transparent cases. ``Honeycomb'' is a
term in trade for the material of which air grilles are often built,
and deck pans are solid structures used to hold product stored
inside a case.
---------------------------------------------------------------------------
Interpretation 2 clarifies that, for a refrigerator or freezer with
multiple glass doors, the length measurement for TDA should be taken
from inside wall to inside wall, including the door mullions and door
frames.
Interpretation 3 clarifies that silk screen-coated transparent
material should be treated as transparent and included in TDA if the
silk screen provides at least 65 percent light transmittance or if at
least 65 percent of the screen area is transparent; otherwise, the silk
screen-coated area should be treated as non-transparent and excluded.
Interpretation 4 clarifies how to calculate the area and length of
commercial refrigerators, freezers, and refrigerator-freezers with
curved fronts.
Interpretation 5 clarifies that for commercial refrigeration
equipment with two independent refrigeration sections that each cool a
separate compartment, each compartment and refrigeration system should
be evaluated independently.
For further details, AHRI's Interpretations 1 through 5 of ANSI/
AHRI Standard 1200 (I-P)--2010 are available at www.ahrinet.org/search+standards.aspx.
Test procedure guidance developed and issued by industry regarding
referenced industry standards can be helpful in identifying areas where
DOE's existing test procedures may be misinterpreted. As such, DOE has
reviewed Interpretations 1, 2, 3, 4, and 5 to AHRI Standard 1200-2010,
which provide guidance on how to calculate TDA for certain unique
equipment configurations, and believes Interpretations 1, 3, 4, and 5
of the AHRI Interpretations also apply to ARI Standard 1200-2006, which
is incorporated by reference in the DOE test procedure. However, DOE
finds that Interpretation 2 is inconsistent with the way DOE determines
TDA for the purposes of compliance with energy conservation standards.
DOE believes the figures provided in ARI Standard 1200-2006 and
AHRI 1200-2010, as incorporated by reference in the DOE test procedure,
demonstrate how to calculate TDA for many specific equipment
geometries. However, DOE recognizes that there is no clear statement of
the principles one should apply when determining the TDA of a model in
general. Accordingly, DOE is
[[Page 64310]]
considering clarifying the method for calculating TDA in the DOE test
procedure. DOE's method is based on defining TDA as the ``projected
visible area'' and, as such, is consistent with Interpretation 1, which
specifies that TDA should be the and should not include any transparent
areas where the view is blocked by solid features. However, DOE's
method is not consistent with Interpretation 2, which includes solid
features in the calculation of TDA, such as door frames and mullions.
DOE's method and the proposed clarifications are laid out in more
detail below, in section III.I.
Interpretation 3 describes how to treat silk screens and other
semi-transparent coverings on transparent doors or panels. This
interpretation relies on AHRI's definition of transparent as greater
than or equal to 65 percent light transmittance. DOE is not proposing
additional modifications to the DOE test procedure beyond the
definition of ``transparent'' proposed in section III.B.2.i.
Interpretation 4 provides guidance to determine the area and length
of commercial refrigeration equipment with curved fronts. While DOE
agrees with the interpretation, DOE notes that there are theoretically
many cases with unusual geometries for which the existing language and
diagrams in ARI Standard 1200-2006 and AHRI Standard 1200-2010 (as
incorporated by reference into the DOE test procedure) are sufficient
even though they are not depicted explicitly. Specifically, these
standards contain appendices, such as appendix D of ARI 1200-2006,
which provide, by means of detailed diagrams, instructions on how to
measure the dimensions of a wide variety of commercial refrigeration
equipment geometries. As a result, DOE does not propose further
clarification of the DOE test procedure based on Interpretation 4.
DOE also reviewed Interpretation 5, which clarifies the method for
evaluating commercial refrigeration equipment with more than one
refrigerated section and finds that AHRI's Interpretation 5 is
consistent with the DOE test procedure for these systems, as specified
at 10 CFR 431.66(d)(2)(i). This provision explains how to test
commercial refrigeration equipment with more than one refrigerated
sector; however, DOE welcomes comment on whether additional
clarification in the regulatory text is necessary.
I. Clarification of Methodology for Measuring Total Display Area
In light of the publication of Interpretations 1, 2, and 4 to AHRI
1200-2010, and as mentioned in section H, DOE recognizes that there may
be ambiguity regarding the proper method for measuring the value of TDA
under the DOE test procedure, which is used in calculating a given
unit's allowable maximum daily energy consumption under the applicable
standard. ARI Standard 1200-2006 appendix D, as incorporated by
reference by the DOE at 10 CFR 431.63, provides a definition and
instructions on measurement of TDA. Appendix D of ARI Standard 1200-
2006 defines TDA as follows:
``Total Display Area (TDA) is the sum of the projected area(s) for
visible product.''
Moreover, the standard provides a general equation for calculating
the ``projected area(s),'' in the form of:
TDA = Dh*L + Ae,
where
Ae = Projected area from visible product through end walls
Dh = Dimension of projected visible product
L = Length of Commercial Refrigerated Display Merchandiser
For the end walls (or sides) of display merchandisers, the
projected area for visible products is represented by Ae. Figures D13
through D16 of appendix D of ARI Standard 1200-2006 and AHRI Standard
1200-2010 provide instructions on the measurement of Ae for various end
wall types present in commercial refrigerated display merchandisers.
These figures show that the area included in TDA includes only those
areas through which displayed product is visible, irrespective of the
presence of other transparent areas through which product cannot be
viewed. These figures illustrate that the area to be included in the
TDA calculation is the sum of the ``projected area(s) for visible
products.''
For the front, back, or top faces of display merchandisers, the
projected area for visible product is represented by Dh*L. In ARI
Standard 1200-2006 and AHRI Standard 1200-2010 Standards, Figures D1
through D12 provide instructions on the measurement of Dh for various
equipment configurations, including different types of open cases and
vertical multi-deck cases with transparent doors. However, they do not
provide explicit instruction on the measurement of Dh for some case
types, including horizontal single-deck merchandisers with transparent
doors (i.e., those of the DOE equipment family ``horizontal closed
transparent'' or HCT). For case types not depicted in the figures, Dh
should be measured consistently with the method described in the other
figures and with the definition given in the introduction to the
appendix. That is, Dh and L should be measured as the dimension of the
projected visible product, representing the dimension through which
product can be viewed irrespective of the presence of any additional
transparent area through which product cannot be viewed. An example of
this is a vertical multi-deck base with transparent doors, where the
transparent areas of the door through which no transparent area is
projected onto the product zone \12\ (i.e., the areas through which no
product loaded into the case could be directly seen when viewed in the
plane; the upper and lower portions of the transparent area) are not to
be included in Dh.
---------------------------------------------------------------------------
\12\ The ``product zone'' is a term used to denote the geometric
region of a case which can be filled with product using the included
racks, shelves, or other storage structures and without violating
the manufacturer's instructions regarding load limits or other
constraints on product placement.
---------------------------------------------------------------------------
The converse is also true--areas of the product zone which cannot
be viewed as part of a direct projection through a transparent area are
not to be included in any measurement of Dh. The term ``direct
projection'' refers to the view at an angle perpendicular to the plane
of product presentation (facing area). Figure III.1 and Figure III.2
illustrate this concept, as they show configurations in which the
product zone extends beyond the projected visible area and is thus not
included in the measurement of Dh. The measurement of Dh in practice
should be consistent with its definition as solely the ``dimension of
projected visible product.''
[[Page 64311]]
[GRAPHIC] [TIFF OMITTED] TP28OC13.000
ARI Standard 1200-2006 defines the third variable, ``L'', as the
``length of commercial refrigerated display merchandiser''. While the
definition contains no figures or illustrations instructing a user how
to perform this measurement, the value of L should be measured in a
manner consistent with the definition of TDA that includes only
[[Page 64312]]
the ``projected area(s) for visible product.'' Therefore, the length L
should be measured consistent with the methods given above for Dh, in
that L should correspond to the total length of the transparent area of
the merchandiser through which product can be seen. That is, L should
be the total length, along the axis of the merchandiser, of portions
through which product can be viewed from an angle normal to the
transparent area (i.e., the projected linear dimension(s) of visible
product). Areas of opaque material which overhang the product zone, as
well as areas of transparent material which do not project upon a zone
occupied by product, should not be included in this length. This method
of measurement is depicted in Figure III.3, and is consistent with the
instruction given for calculation of Dh by Figure III.1 and Figure
III.2.
[GRAPHIC] [TIFF OMITTED] TP28OC13.001
To clarify the calculation of TDA for the purposes of conducting
the DOE test procedure, DOE proposes to add clarifying text to the test
procedure explaining that the measurement of TDA should be
representative of the ``dimension of projected visible product'' and
that no opaque materials or areas of transparent material through which
product cannot be viewed should be included in the calculation of TDA.
DOE also proposes to add Figure III.1, Figure III.2, and Figure III.3
to the regulatory text in the CFR.
DOE believes that this proposal is a clarification of DOE's
existing test procedure and should not change the measured energy
consumption of covered equipment. Therefore, DOE proposes to include
these amendments in both appendix A, which is the test procedure
currently required for equipment testing, and appendix B, which will be
required for testing on the compliance date of any amended energy
conservation standards established as part of the ongoing CRE energy
conservation standards rulemaking (Docket No. EERE-2010-BT-STD-0003).
J. Compliance Date of Test Procedure Amendments
In this NOPR, DOE also proposes to reorganize the test procedure
requirements at 10 CFR 431.64 so they are easier to understand and to
update the compliance date to reflect the fact that the publication of
the final rule for the ongoing energy conservation standards rulemaking
has been extended. (Docket No. EERE-2010-BT-STD-0003).
EPCA 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 equipment as
determined under the existing test procedure. (42 U.S.C. 6314(a)(6))
Further, if DOE determines that the amended test procedure would alter
the measured efficiency of covered equipment, DOE must amend the
applicable energy conservation standard accordingly. (42 U.S.C.
6314(a)(6))
In the 2012 test procedure final rule, DOE states that some test
procedure amendments will change the measured energy consumption of
some covered equipment. 77 FR at 10295 and 10309 (Feb. 21, 2012).
Specifically, DOE determined the provisions to accommodate testing of
night curtains and lighting occupancy sensors and controls altered the
measured energy consumption of covered equipment. 77 FR at 10309 (Feb.
21, 2012). As such, DOE establishes in the 2012 test procedure final
rule that use of the amended test procedure for compliance with DOE
energy conservation standards or representations with respect to energy
consumption of commercial refrigeration equipment would be required on
the compliance date of any revised energy conservation standards, which
are being considered in an ongoing energy conservation standards
rulemaking (Docket No. EERE-2010-BT-STD-0003). 77 FR at 10309 (Feb. 21,
2012).
[[Page 64313]]
To improve clarity, DOE is proposing to reorganize the language at
10 CFR 431.64 into appendices A and B. Appendix A contains the test
procedure for commercial refrigeration equipment established in the
2006 test procedure final rule. DOE proposes to include the amended
test procedure, established in the 2012 test procedure final rule, in
appendix B, which will be required to be used on the compliance date of
any amended standards established in the ongoing energy conservation
standards rulemaking (Docket No. EERE-2010-BT-STD-0003).
DOE believes this reorganization will help clarify the
applicability of various test procedure provisions with respect to the
standards compliance dates. DOE requests comment on the reorganization
of the test procedure requirements at 10 CFR 431.64 into appendix A and
appendix B.
The test procedure amendments established in the 2012 test
procedure final rule became effective on March 22, 2012. 77 FR at 10292
(Feb. 21, 2012). However, as previously mentioned, the 2012 amendments
are to be used in conjunction with any amended standards promulgated as
a result of the ongoing energy conservation standards rulemaking
(Docket No. EERE-2010-BT-STD-0003). As such, use of the amended test
procedure in appendix B will be required to show compliance with DOE
energy conservation standards or to make representations with respect
to energy consumption of commercial refrigeration equipment on the
compliance date of any revised energy conservation standards
established as part of the ongoing energy conservation standards
rulemaking. (Docket No. EERE-2010-BT-STD-0003). DOE proposes to update
the compliance date referenced in 10 CFR 431.64 to be consistent with
the compliance date of any amended standards adopted as a result of the
ongoing energy conservation standards rulemaking. DOE will clarify the
compliance date of the test procedure amendments proposed in appendix B
in the appropriate rulemaking document.
IV. Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs (OIRA) in the OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: https://energy.gov/gc/office-general-counsel.
DOE reviewed today's proposed rule to amend the test procedure for
commercial refrigeration equipment, under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE certifies that the proposed rule, if adopted,
would not result in a significant impact on a substantial number of
small entities. The factual basis for this certification is set forth
below.
For the commercial refrigeration industry, the Small Business
Association (SBA) has set a size threshold, which defines those
entities classified as ``small businesses'' for the purpose of the
statute. DOE used the SBA's size standards to determine whether any
small entities would be required to comply with the rule. The size
standards are codified at 13 CFR part 121. The standards are listed by
North American Industry Classification System (NAICS) code and industry
description and are available at https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf. Commercial refrigeration
equipment manufacturing is classified under NAICS 333415, ``Air-
Conditioning and Warm Air Heating Equipment and Commercial and
Industrial Refrigeration Equipment Manufacturing.'' Small entities
within this industry description are those with 750 employees or fewer.
DOE conducted a market survey to determine whether any small
business manufacturers of equipment would be covered by this
rulemaking. During its market survey, DOE used all available public
information to identify potential small manufacturers. DOE's research
involved the review of industry trade association membership
directories (including AHRI), equipment databases (e.g., Federal Trade
Commission (FTC), the Thomas Register, California Energy Commission
(CEC), and ENERGY STAR databases), individual company Web sites, and
marketing research tools (e.g., Dunn and Bradstreet reports, Manta) to
create a list of companies that manufacture or sell commercial
refrigeration equipment covered by this rulemaking. DOE also referred
to a list of small businesses that manufacture commercial refrigeration
equipment, supplied by Traulsen in a written comment provided in
response to the NOPR proposing amendments to the DOE test procedure for
commercial refrigeration equipment published November 24, 2010 (Docket
No. EERE-2010-BT-TP-0034, Traulsen, No. 9 at pp. 4-5). Using these
sources, DOE identified 61 manufacturers of commercial refrigeration
equipment.
DOE then reviewed this data to determine whether the entities met
the SBA's definition of a small business manufacturer of commercial
refrigeration equipment and screened out companies that do not offer
equipment covered by this rulemaking, do not meet the definition of a
``small business,'' or are foreign owned and operated. Based on this
review, DOE has identified 26 companies that would be considered small
manufacturers and will be directly regulated by this rule, which
represents 43% of national CRE manufacturers. Although 43% would be
considered a substantial number of small entities, further analysis of
incremental costs associated with this rulemaking determined no
significant impact on these manufacturers. Specifically, the proposed
changes to the test procedure consist only of clarifications regarding:
1. The applicability of the test procedure and related energy
conservation standards to certain types of equipment;
2. the definitions of hybrid commercial refrigeration equipment,
commercial refrigeration equipment with drawers, and commercial
refrigeration equipment with solid and/or transparent doors;
3. the relationship among the rating temperature, operating
temperature, and integrated average temperature;
4. the proper configuration and use of energy management systems,
lighting controls, and test packages in the DOE test procedure for
commercial refrigeration equipment;
[[Page 64314]]
5. the treatment of various features, components, and accessories
under the DOE test procedure;
6. the rounding requirements for test results and certified
ratings;
7. the provision adopted in the 2012 test procedure final rule to
allow testing at the lowest application product temperature for
equipment that cannot operate at the prescribed rating temperature for
its equipment class;
8. clarifications raised by Interpretations 1, 2, 3, 4, and 5 of
AHRI Standard 1200-2010;
9. the methodology used to determine total display area; and
10. the compliance date of certain amendments established in the
2012 test procedure final rule.
All commercial refrigeration equipment covered by this rule is
currently required to be tested using the DOE test procedure to show
compliance with established energy conservation standards. The DOE test
procedure manufacturers must use to demonstrate compliance with
existing standards is that established in the 2006 test procedure final
rule, which references AHRI Standard 1200-2006 and AHAM HRF-1-2004.
This test procedure consists of one 24-hour test at standard rating
conditions to determine daily energy consumption.
The 2012 test procedure final rule amends the test procedure for
commercial refrigeration equipment to update the referenced industry
test procedures to their most current versions (AHRI Standard 1200-2010
and AHAM HRF-1-2008); incorporates provisions for testing certain
energy efficiency features, including night curtains and lighting
occupancy sensor and scheduled controls; and provides a test procedure
for specialty equipment that cannot be tested at the prescribed rating
temperature. As part of that rulemaking, DOE considered the burden
associated with the test procedure amendments and certified that the
rule would not have a ``significant economic impact on a substantial
number of small entities,'' and the preparation of a regulatory
flexibility analysis was not warranted. 77 FR 10292, 10314-10316 (Feb.
21, 2012).
The test procedure amendments proposed in today's notice of
proposed rulemaking serve only to reorganize and clarify the existing
requirements in the DOE test procedure, both those established in the
2006 test procedure final rule and those established in the 2012 test
procedure final rule; they do not alter or affect any of the test
procedure requirements or provisions in any way. DOE does not believe
that the proposed test procedure amendments would affect the way in
which any covered commercial refrigeration equipment is tested, nor
would they impact the burden of conducting such a test. Based on this
factual basis, DOE believes that the proposed test 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 required. 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 requests comment on its certification that the proposed test
procedure changes will not have a significant impact on a substantial
number of small entities.
C. Review Under the Paperwork Reduction Act
Manufacturers of commercial refrigeration equipment must certify to
DOE that their products comply with any applicable energy conservation
standards. In certifying compliance, manufacturers must test their
products according to the DOE test procedure for commercial
refrigeration equipment, including any amendments adopted for that test
procedure. DOE has established regulations for the certification and
recordkeeping requirements for all covered consumer products and
commercial equipment, including commercial refrigeration equipment. 76
FR 12422 (March 7, 2011). 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 approved by OMB under OMB Control Number 1910-1400. 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.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act
In this proposed rule, DOE proposes amendments its test procedure
for commercial refrigeration equipment that may be used to implement
future energy conservation standards or for certification of equipment
under current energy conservation standards. 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
will not affect the quality or distribution of energy usage and
therefore will 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 this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of today's proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice
[[Page 64315]]
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 to ensure
that the regulation: (1) Clearly specifies the preemptive effect, if
any; (2) clearly specifies any effect on existing Federal law or
regulation; (3) provides a clear legal standard for affected conduct
while promoting simplification and burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately defines key terms; and (6)
addresses other important issues affecting clarity and general
draftsmanship under any guidelines issued by the Attorney General.
Section 3(c) of Executive Order 12988 requires Executive agencies to
review regulations in light of applicable standards in sections 3(a)
and 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOE has completed the required review and
determined that, to the extent permitted by law, the proposed rule
meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA; Pub.
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 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://energy.gov/gc/office-general-counsel.) DOE
reviewed today's proposed rule pursuant to UMRA and its policy and
determined that the 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 rule that may affect family well-being.
This rule would not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 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 guidelines issued by
OMB. The OMB's guidelines were published in 67 FR 8452 (February 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.
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, Office of Management and Budget, 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 would not have a significant adverse
effect on the supply, distribution, or use of energy and therefore it
is not a significant energy action. 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. When a proposed rule
contains or involves use of commercial standards, the rulemaking must
inform the public of the use and background of such standards. (15
U.S.C. 788 Section 32)
The proposed rule incorporates testing methods contained in ASTM
Standard E 1084-86 (Reapproved 2009), ``Standard Test Method for Solar
Transmittance (Terrestrial) of Sheet Materials Using Sunlight'' and
ASHRAE 72-2005, ``Method of Testing Commercial Refrigerators and
Freezers.'' 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 about the impact on
competition of using the methods contained in these standards before
prescribing a final rule.
[[Page 64316]]
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.
Please note that foreign nationals visiting DOE Headquarters 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. Edwards to initiate the necessary
procedures. Please also note that those wishing to bring laptops into
the Forrestal Building will be required to obtain a property pass.
Visitors should avoid bringing laptops, or allow an extra 45 minutes.
In addition, you can attend the public meeting via webinar. Webinar
registration information, participant instructions, and information
about the capabilities available to webinar participants will be
published on DOE's Web site https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/52. Participants are
responsible for ensuring their systems are compatible with the webinar
software.
B. Procedure for Submitting Prepared General Statements For
Distribution
Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the public meeting. Such persons may submit requests, along with an
advance electronic copy of their statement in PDF (preferred),
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to
the appropriate address shown in the ADDRESSES section at the beginning
of this notice of proposed rulemaking. The request and advance copy of
statements must be received at least one week before the public meeting
and may be emailed, hand-delivered, or sent by mail. DOE prefers to
receive requests and advance copies via email. Please include a
telephone number to enable DOE staff to make a follow-up contact, if
needed.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). A court reporter will be present to record the proceedings and
prepare a transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. After the public meeting and until the end of the
comment period, interested parties may submit further comments on the
proceedings and any aspect of the rulemaking.
The public meeting will be conducted in an informal, conference
style. DOE will present summaries of comments received before the
public meeting, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant will be allowed
to make a general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will permit, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions by DOE and by other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the 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 of proposed rulemaking. In addition, any person may buy
a copy of the transcript from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments using any of the methods
described in the ADDRESSES section at the beginning of this notice of
proposed rulemaking.
Any comments submitted must identify the NOPR for Test Procedure
for Commercial Refrigeration Equipment and provide docket number EERE-
2013-BT-TP-0025 and/or regulatory information number (RIN) number 1904-
AC99.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through 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 email, hand delivery, or mail. Comments and
documents submitted via email, 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, email
[[Page 64317]]
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted.
Submit these documents via email or on a CD, if feasible. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. DOE requests comment on the proposed definition for chef base or
griddle stand.
2. DOE requests comment on its proposed definition of ``door,''
and, in particular, its specification that the term is inclusive of
drawers.
3. DOE requests comments from interested parties on the proposal to
define ``transparent'' based on the optical properties of the material,
as determined by ASTM E 1084-86 (Reapproved 2009) as incorporated by
reference.
4. DOE requests comment on its proposed definitions of the terms
``closed transparent'' and ``closed solid.''
5. DOE requests comment on the clarity and sufficiency of the
proposed definitions for ``commercial hybrid'' and ``commercial
refrigerator-freezer.''
6. DOE requests comment on its proposed definitions for ``operating
temperature'' and ``rating temperature,'' and its proposal to clarify
the relationship between integrated average temperature and rating
temperature. DOE also requests comment on its proposed definitions of
``commercial refrigerator'' and ``commercial freezer.''
7. DOE requests comment on its proposed rounding provisions for
commercial refrigeration equipment.
8. DOE requests comment on its proposed modification to the
definition of LAPT and its proposal to incorporate by reference ASHRAE
72-2005.
9. DOE requests comment on the reorganization of the test procedure
requirements at 10 CFR 431.64 into appendix A and appendix B to subpart
C of 10 CFR part 431.
10. DOE requests comment on its certification that the proposed
test procedure changes will not have a significant impact on a
substantial number of small entities.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects in 10 CFR Parts 429 and 431
Administrative practice and procedure, Confidential business
information, Test procedures, Incorporation by reference, Reporting and
recordkeeping requirements.
Issued in Washington, DC, on September 30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the preamble, DOE proposes to amend
part 429 and 431 of chapter II of title 10, of the Code of Federal
Regulations, to read as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317.
Sec. 429.42 [Amended]
0
2. Section 429.42 is amended by adding in paragraphs (b)(2)(i), (ii),
and (iii), the words ``increments of 0.01'' before the phrase
``kilowatt hours per day (kWh/day).''
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
3. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317.
0
4. Section 431.62 is amended by:
0
a. Removing the definition for ``commercial hybrid refrigerator,
freezer, and refrigerator-freezer;''
0
b. Adding in alphabetical order the definitions for ``chef base or
griddle stand,'' ``closed solid,'' ``closed transparent,'' ``commercial
freezer,'' ``commercial hybrid,'' ``commercial refrigerator,''
``commercial refrigerator-freezer,'' ``door,'' ``operating
temperature,'' ``rating temperature,'' and ``transparent;''
0
c . Revising the definition for ``lowest application product
temperature.''
The additions and revision read as follows:
Sec. 431.62 Definitions concerning commercial refrigerators, freezers
and refrigerator-freezers.
* * * * *
Chef base or griddle stand means commercial refrigeration equipment
that
[[Page 64318]]
is designed and marketed for the express purpose of having a griddle or
other cooking equipment placed on top of it that is capable of reaching
temperatures hot enough to cook food.
Closed solid means equipment with doors, and in which more than 75
percent of the outer surface area of all doors on a unit are not
transparent.
Closed transparent means equipment with doors, and in which 75
percent or more of the outer surface area of all doors on the unit are
transparent.
Commercial freezer means a unit of commercial refrigeration
equipment in which all refrigerated compartments in the unit are
capable of operating below 32 [deg]F.
Commercial hybrid means a unit of commercial refrigeration
equipment
(1) Consisting of two or more refrigerated compartments that are in
two or more different equipment families, and
(2) Which is sold as a single unit.
Commercial refrigerator means a unit of commercial refrigeration
equipment in which all refrigerated compartments in the unit are
capable of operating at or above 32 [deg]F.
Commercial refrigerator-freezer means a unit of commercial
refrigeration equipment consisting of two or more refrigerated
compartments where at least one refrigerated compartment is capable of
operating at or above 32 [deg]F and at least one refrigerated
compartment is capable of operating below 32 [deg]F.
* * * * *
Door. (1) Door means a movable panel that:
(i) Separates the interior volume of a unit of commercial
refrigeration equipment from the ambient environment,
(ii) Is designed to facilitate access to the refrigerated space for
the purpose of loading and unloading product, and
(iii) Is affixed such that it is not removable without the use of
tools.
(2) This includes hinged doors, sliding doors, and drawers.
* * * * *
Lowest application product temperature means the lowest integrated
average temperature at which a given basic model is capable of
consistently operating (i.e., maintaining so as to comply with the
steady-state stabilization requirements specified in ASHRAE 72-2005 (as
incorporated by reference, see Sec. 431.63) for the purposes of
testing under the DOE test procedure).
* * * * *
Operating temperature means the range of integrated average
temperatures at which a commercial refrigeration unit is capable of
operating.
* * * * *
Rating temperature means the integrated average temperature a unit
must maintain during testing (i.e., either as listed in the table at
Sec. 431.66(d)(1) or the lowest application product temperature).
* * * * *
Transparent means greater than or equal to 65 percent light
transmittance, as determined in accordance with the ASTM Standard E
1084-86 (Reapproved 2009), ``Standard Test Method for Solar
Transmittance (Terrestrial) of Sheet Materials Using Sunlight,'' (as
incorporated by reference, see Sec. 431.63) at normal incidence.
* * * * *
0
5. Section 431.63 is amended by adding paragraphs (d) and (e) to read
as follows:
Sec. 431.63 Materials incorporated by reference.
* * * * *
(d) ASTM. ASTM International, 100 Barr Harbor Drive, PO Box C700,
West Conshohocken, PA, 19428, (877) 909-2786, or go to https://www.astm.org/.
(1) ASTM Standard E 1084, ``Standard Test Method for Solar
Transmittance (Terrestrial) of Sheet Materials Using Sunlight,'' 1986
(Reapproved 2009), IBR approved for Sec. 431.62.
(2) [Reserved]
(e) ASHRAE. The American Society of Heating, Refrigerating, and
Air-Conditioning Engineers, Inc., 1971 Tullie Circle, NE., Atlanta, GA
30329, or https://www.ashrae.org/.
(1) ASHRAE 72, ``Method of Testing Commercial Refrigerators and
Freezers,'' 2005, IBR approved for Sec. Sec. 431.62 and 431.64.
(2) [Reserved]
0
6. Section 431.64 is amended by revising paragraph (b) to read as
follows:
Sec. 431.64 Uniform test method for the measurement of energy
consumption of commercial refrigerators, freezers, and refrigerator-
freezers.
* * * * *
(b) Testing and calculations. Determine the daily energy
consumption of each covered commercial refrigerator, freezer, or
refrigerator-freezer by conducting the appropriate test procedure set
forth below, in appendix A or B to this subpart. The daily energy
consumption of commercial refrigeration equipment shall be calculated
using raw measured values and the final test results shall be reported
in increments of 0.01 kWh/day.
0
7. Section 431.66 is amended by adding paragraph (f) to read as
follows:
Sec. 431.66 Energy conservation standards and their effective dates.
* * * * *
(f) Exclusions. The energy conservation standards in paragraphs (b)
through (e) of this section do not apply to salad bars, buffet tables,
and chef bases or griddle stands.
0
8. Add Appendixes A and B to Subpart C to read as follows:
Appendix A to Subpart C of Part 431--Uniform Test Method for the
Measurement of Energy Consumption of Commercial Refrigerators,
Freezers, and Refrigerator-Freezers
Note: After [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER], any representations made with respect to
the energy use or efficiency of commercial refrigeration equipment
must be made in accordance with the results of testing pursuant to
this appendix.
Manufacturers conducting tests of commercial refrigeration
equipment after [DATE 30 DAYS AFTER PUBLICATION OF THE FINAL RULE IN
THE FEDERAL REGISTER] and prior to [DATE 180 DAYS AFTER PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], must conduct such test
in accordance with either this appendix or Sec. 431.64 as it
appeared at 10 CFR part 430, subpart B, in the 10 CFR parts 200 to
499 edition revised as of January 1, 2013. Any representations made
with respect to the energy use or efficiency of such commercial
refrigeration equipment must be in accordance with whichever version
is selected. Given that after [DATE 180 DAYS AFTER PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER] representations with respect
to the energy use or efficiency of dehumidifiers must be made in
accordance with tests conducted pursuant to this appendix,
manufacturers may wish to begin using this test procedure as soon as
possible.
1. Test Procedure
1.1. Determination of Daily Energy Consumption. Determine the
daily energy consumption of each covered commercial refrigerator,
freezer, refrigerator-freezer or ice-cream freezer by conducting the
test procedure set forth in the Air-Conditioning and Refrigeration
Institute (ARI) Standard 1200-2006, ``Performance Rating of
Commercial Refrigerated Display Merchandisers and Storage
Cabinets,'' section 3, ``Definitions,'' section 4, ``Test
Requirements,'' and section 7, ``Symbols and Subscripts''
(incorporated by reference, see Sec. 431.63). For each commercial
refrigerator, freezer, or refrigerator-freezer with a self-contained
condensing unit, also use ARI Standard 1200-2006, section 6,
``Rating Requirements for Self-contained Commercial Refrigerated
Display Merchandisers and Storage Cabinets.'' For each commercial
refrigerator, freezer, or refrigerator-freezer with a remote
condensing unit, also use ARI Standard 1200-2006, section 5,
``Rating Requirements for Remote Commercial
[[Page 64319]]
Refrigerated Display Merchandisers and Storage Cabinets.''
1.2. Additional Specifications for Testing of Components and
Accessories. All standard components that would be used during
normal operation of the basic model in the field shall be installed
and used during testing as recommended by the manufacturer and
representative of their typical operation in the field unless such
installation and operation is inconsistent with any requirement of
the test procedure. The specific components and accessories listed
in the subsequent sections shall be operated as stated during the
test.
1.2.1. Energy Management Systems. Applicable energy management
systems may be activated during the test procedure provided they are
permanently installed on the case, configured as sold in such a
manner so as to operate automatically without the intervention of
the operator, and do not conflict with any of other requirements for
a valid test as specified in this appendix.
1.2.2. Lighting. Energize all lighting, except customer display
signs/lights as described in section 1.2.3 and UV lighting as
described in section 1.2.6 of this appendix, to the maximum
illumination level for the duration of testing. However, if a closed
solid unit of commercial refrigeration equipment includes an
automatic lighting control system which can turn of internal case
lighting when the door is closed, and the manufacturer recommends
the use of this system, then the lighting control should be operated
in the automatic setting, even if the model has a manual switch that
disables the automatic lighting control.
1.2.3. Customer display signs/lights. Do not energize
supplemental lighting that exists solely for the purposes of
advertising or drawing attention to the case and is not integral to
the case.
1.2.4 Condensate pan heaters and pumps. All electric resistance
condensate heaters and condensate pumps must be installed and
operational during the test. This includes the stabilization period
(including pull-down), steady-state, and performance testing
periods. Prior to the start of the stabilization period as defined
by ASHRAE 72-2005 (incorporated by reference, see Sec. 431.63), the
condensate pan must be dry. Following the start of the stabilization
period, allow any condensate moisture generated to accumulate in the
pan. Do not manually add or remove water from the condensate pan at
any time during the test.
1.2.5 Anti-sweat door heaters. Anti-sweat door heaters must be
operational during the entirety of the test procedure. Models with a
user-selectable setting must have the heaters energized and set to
the maximum usage position. Models featuring an automatic, non-user-
adjustable controller that turns on or off based on environmental
conditions must be operating in the automatic state. If a unit is
not shipped with a controller from the point of manufacture and is
intended to be used with an automatic, non-user-adjustable
controller, test the unit with a manufacturer-recommended controller
that turns on or off based on environmental conditions.
1.2.6 Ultraviolet lights. Do not energize ultraviolet lights
during the test.
1.2.7 Illuminated temperature displays and alarms. All
illuminated temperature displays and alarms shall be energized and
operated during the test as they would be during normal field
operation.
1.2.8 Condenser filters. Remove any nonpermanent filters
provided to prevent particulates from blocking a model's condenser
coil.
1.2.9 Refrigeration system security covers. Remove any devices
used to secure the condensing unit.
1.2.10 Night curtains and covers. Do not deploy night curtains
or covers.
1.2.11 Grill options. Remove any optional, non-standard grills
used to direct airflow.
1.2.12 Misting or humidification systems. Misting or
humidification systems must be inactive during the test.
1.2.13 Air purifiers. Air purifiers must be inactive during the
test.
1.2.14 General purpose outlets. During the test, do not connect
any external load to any general purpose outlets contained within a
unit.
1.2.15 Crankcase heaters. Crankcase heaters must be operational
during the test. If a control system, such as a thermostat or
electronic controller, is used to modulate the operation of the
crankcase heater, it must be activated during the test.
2. Test Conditions
2.1. Integrated Average Temperatures. Conduct the testing
required in section 1 and 2 of this appendix A, and determine the
daily energy consumption at the applicable integrated average
temperature as found in the following table.
------------------------------------------------------------------------
Integrated average
Category Test procedure temperature
------------------------------------------------------------------------
(i) Refrigerator with Solid ARI Standard 1200- 38 [deg]F (2 [deg]F).
(ii) Refrigerator with ARI Standard 1200- 38 [deg]F (2 [deg]F).
(iii) Freezer with Solid ARI Standard 1200- 0 [deg]F (2 [deg]F).
(iv) Freezer with Transparent ARI Standard 1200- 0 [deg]F (2 [deg]F).
(v) Refrigerator-Freezer with ARI Standard 1200- 38 [deg]F (2 [deg]F) for
refrigerator
compartment.
0 [deg]F (2 [deg]F) for
freezer compartment.
(vi) Commercial Refrigerator ARI Standard 1200- 38 [deg]F (2 [deg]F).
Condensing Unit Designed for
Pull-Down Temperature
Applications and Transparent
Doors.
(vii) Ice-Cream Freezer....... ARI Standard 1200- -15.0 [deg]F (2 [deg]F).
(viii) Commercial ARI Standard 1200- (A) 0 [deg]F (2 [deg]F) for
Refrigerator-Freezer with a low temperature
Self-Contained Condensing applications.
Unit and without Doors. (B) 38 [deg]F (2 [deg]F) for
medium temperature
applications.
(ix) Commercial Refrigerator, ARI Standard 1200- (A) 0 [deg]F (2 [deg]F) for
Freezer with a Remote low temperature
Condensing Unit. applications.
(B) 38 [deg]F (2 [deg]F) for
medium temperature
applications.
------------------------------------------------------------------------
\1\Incorporated by reference, see Sec. 431.63.
2.2. Lowest Application Product Temperature. If a unit of
commercial refrigeration equipment is not able to be operated at the
integrated average temperature specified in the table in paragraph
2.1, test the unit at the lowest application product temperature
(LAPT), as defined in Sec. 431.62. For units equipped with a
thermostat, LAPT is the lowest thermostat setting. For remote
condensing equipment without a thermostat or other means of
controlling temperature at the case, the lowest application product
temperature is the temperature achieved with the adjusted dew point
temperature (as defined in AHRI Standard 1200 (I-P)-2010) set to 5
degrees colder than that required to maintain the manufacturer's
lowest specified operating temperature.
3. Volume and Total Display Area
3.1. Determination of Volume. Determine the volume of a
commercial refrigerator, freezer, refrigerator-freezer, or ice-cream
freezer using the method set forth in the ANSI/AHAM HRF-1-2004,
``Energy, Performance and Capacity of Household Refrigerators,
Refrigerator-Freezers and Freezers'' (incorporated by reference, see
Sec. 431.63), section 3.21, ``Volume,'' sections 4.1 through 4.3,
``Method for Computing Total Refrigerated Volume and Total Shelf
Area of Household Refrigerators and Household Wine Chillers,'' and
sections 5.1 through 5.3, ``Method for Computing Total Refrigerated
Volume and Total Shelf Area of Household Freezers.''
3.2 Determination of Total Display Area. Determine the total
display area of a commercial refrigerator, freezer, refrigerator-
freezer, or ice-cream freezer using the method set forth in ARI
Standard 1200-2006 (Incorporated by reference, see Sec. 431.63).
Specifically, total display area shall be the sum of the projected
area(s) of visible product, expressed in ft\2\ (i.e., portions
through which product can be viewed from an angle normal to the
transparent area). See
[[Page 64320]]
Figures A3.1, A3.2, and A3.3 as examples of how to calculate the
dimensions associated with calculation of total display area. In the
diagrams, Dh and L represent the dimensions of the
projected visible product.
BILLING CODE 6450-01-P
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[[Page 64321]]
[GRAPHIC] [TIFF OMITTED] TP28OC13.003
BILLING CODE 6450-01-C
Appendix B to Subpart C of Part 431--Amended Uniform Test Method for
the Measurement of Energy Consumption of Commercial Refrigerators,
Freezers, and Refrigerator-Freezers
Note: On or after the compliance date for any amended energy
conservation standards for commercial refrigeration equipment, all
testing must be conducted in accordance with this appendix for the
purposes of determining energy consumption and making
representations as to the energy use of covered equipment.
1. Test Procedure
1.1. Determination of Daily Energy Consumption. Determine the
daily energy consumption of each covered commercial refrigerator,
freezer, refrigerator-freezer or ice-cream freezer by conducting the
test procedure set forth in the AHRI Standard 1200 (I-P)-2010,
section 3, ``Definitions,'' section 4, ``Test Requirements,'' and
section 7, ``Symbols and Subscripts'' (incorporated by reference,
see Sec. 431.63). For each commercial refrigerator, freezer, or
refrigerator-freezer with a self-contained condensing unit, also use
AHRI Standard 1200 (I-P)-2010, section 6, ``Rating Requirements for
Self-contained Commercial Refrigerated Display Merchandisers and
Storage Cabinets.'' For each commercial refrigerator, freezer, or
refrigerator-freezer with a remote condensing unit, also use AHRI
Standard 1200 (I-P)-2010, section 5, ``Rating Requirements for
Remote Commercial Refrigerated Display Merchandisers and Storage
Cabinets.''
1.2. Additional Specifications for Testing of Components and
Accessories. All standard components that would be used during
normal operation of the basic model in the field shall be installed
and used during testing as recommended by the manufacturer and
representative of their typical operation in the field unless such
installation and operation is inconsistent with any requirement of
the test procedure. The specific components and accessories listed
in the subsequent sections shall be operated as stated during the
test.
1.2.1. Energy Management Systems. Applicable energy management
systems may be activated during the test procedure provided they are
permanently installed on the case, configured in such a manner so as
to operate automatically without the intervention of the operator,
and do not conflict with any of other requirements for a valid test
as specified in this appendix.
1.2.2. Lighting. All lighting except for customer display signs/
lights as described in section 1.2.3 and UV lighting as described in
section 1.2.6 of this appendix shall be energized to the maximum
illumination level for the duration of testing for commercial
refrigeration equipment with lighting except when the unit is
equipped with lighting occupancy sensors and controls. If the unit
includes an automatic lighting control system, it should be enabled
during test. If the unit is equipped with lighting occupancy sensors
and controls in should be tested in accordance with paragraph
1.2.2.1 of this appendix.
1.2.2.1. Lighting Occupancy Sensors and Controls. For units with
lighting occupancy sensors and/or scheduled lighting controls
installed on the unit, determine the effect of the controls/sensors
on daily energy consumption by either a physical test or a
calculation method and using the variables that are defined as:
CECA is the alternate compressor energy consumption (kilowatt-
hours);
LECsc is the lighting energy consumption of internal case lights
with lighting occupancy sensors and controls deployed (kilowatt-
hours);
Pli is the rated power of lights when they are fully on (watts);
Pli(off) is the power of lights when they are off (watts);
Pli(dim) is the power of lights when they are dimmed (watts);
TDECo is the total daily energy consumption with lights fully
on, as measured by AHRI Standard 1200 (I-P)-2010 (kilowatt-hours);
tdim is the time period during which the lights are dimmed due
to the use of lighting occupancy sensors or scheduled lighting
controls (hours);
tdim,controls is the time case lighting is dimmed due to the use
of lighting controls (hours);
tdim,sensors is the time case lighting is dimmed due to the use
of lighting occupancy sensors (hours);
tl is the time period when lights would be on without lighting
occupancy sensors and/or scheduled lighting controls (24 hours);
toff is the time period during which the lights are off due to
the use of lighting occupancy sensors and/or scheduled lighting
controls (hours);
toff,controls is the time case lighting is off due to the use of
scheduled lighting controls (hours);
toff,sensors is the time case lighting is off due to the use of
lighting occupancy sensors (hours); and
[[Page 64322]]
tsc is the time period when lighting is fully on with lighting
occupancy sensors and scheduled lighting controls enabled (hours).
1.2.2.1.i. For both a physical test and a calculation method,
determine the estimated time off or dimmed, toff or
tdim, as the sum of contributions from lighting occupancy
sensors and scheduled lighting controls that dim or turn off
lighting, respectively, as shown in the following equation:
toff, = toff,sensors + toff,controls
tdim = tdim,sensors + tdim,controls
The sum of tsc, toff, and tdim
should equal 24 hours and the total time period during which the
lights are off or dimmed shall not exceed 10.8 hours. For cases with
scheduled lighting controls, the time the case lighting is off and/
or dimmed due to scheduled lighting controls
(toff,controls and/or tdim,controls, as
applicable) shall not exceed 8 hours. For cases with lighting
occupancy sensors installed, the time the case lighting is off and/
or dimmed due to lighting occupancy sensors (toff,sensors
and/or tdim,sensors, as applicable) shall not exceed 10.8
hours. For cases with lighting occupancy sensors and scheduled
lighting controls installed, the time the case lighting is off and/
or dimmed due to lighting occupancy sensors (toff,sensors
and/or tdim,sensors, as applicable) shall not exceed 2.8
hours and the time the case lighting is off and/or dimmed due to
scheduled lighting controls (toff,controls and/or
tdim,controls, as applicable) shall not exceed 8 hours.
1.2.2.1.ii. If using a physical test to determine the daily
energy consumption, turn off the lights for a time period equivalent
to toff and dim the lights for a time period equal to
tdim. If night curtains are also being tested on the
case, the period of lights off and/or dimmed shall begin at the same
time that the night curtain is being deployed and shall continue
consecutively, in that order, for the appropriate number of hours.
1.2.2.1.iii. If using a calculation method to determine the
daily energy consumption-
1.2.2.1.iii.A. Calculate the LECsc using the
following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC13.004
1.2.2.1.iii.B. Calculate the CECA using the following
equation:
[GRAPHIC] [TIFF OMITTED] TP28OC13.005
Where EER represents the energy efficiency ratio from Table 1 in
AHRI Standard 1200 (I-P)-2010 (incorporated by reference, see Sec.
431.63) for remote condensing equipment or the values shown in the
following table for self-contained equipment:
EER for Self-Contained Commercial Refrigerated Display Merchandisers and
Storage Cabinets
------------------------------------------------------------------------
Operating temperature class EER Btu/W
------------------------------------------------------------------------
Medium.................................................. 11
Low..................................................... 7
Ice Cream............................................... 5
------------------------------------------------------------------------
1.2.2.1.iii.C. For remote condensing units, calculate the
revised compressor energy consumption (CECR) by adding
the CECA to the compressor energy consumption (CEC)
measured in AHRI Standard 1200 (I-P)-2010 (incorporated by
reference, see Sec. 431.63). The CDEC for the entire case is the
sum of the CECR and LECsc (as calculated
above) and the fan energy consumption (FEC), anti-condensate energy
consumption (AEC), defrost energy consumption (DEC), and condensate
evaporator pan energy consumption (PEC) (as measured in AHRI
Standard 1200 (I-P)-2010).
1.2.2.1.iii.D. For self-contained units, the TDEC for the entire
case is the sum of total daily energy consumption as measured by the
AHRI Standard 1200 (I-P)-2010 (incorporated by reference, see Sec.
431.63) test with the lights fully on (TDECo) and
CECA, less the decrease in lighting energy use due to
lighting occupancy sensors and scheduled lighting controls, as shown
in following equation.
[GRAPHIC] [TIFF OMITTED] TP28OC13.006
1.2.3. Customer display signs/lights. Do not energize
supplemental lighting that exists solely for the purposes of
advertising or drawing attention to the case and is not integral to
the case.
1.2.4 Condensate pan heaters and pumps. All electric resistance
condensate heaters and condensate pumps must be installed and
operational during the test. This includes the stabilization period
(including pull-down), steady-state, and performance testing
periods. Prior to the start of the stabilization period as defined
by ASHRAE 72-2005, the condensate pan must be dry. Following the
start of the stabilization period, allow any condensate moisture
generated to accumulate in the pan. Do not manually add or remove
water to or from the condensate pan at any time during the test.
1.2.5 Anti-sweat door heaters. Anti-sweat door heaters must be
operational during the entirety of the test procedure. Models with a
user-selectable setting must have the heaters energized and set to
the maximum usage position. Models featuring an automatic, non-user-
adjustable controller that turns on or off based on environmental
conditions must be operating in the automatic state. If a unit is
not shipped with a controller from the point of manufacture and is
intended to be used with an automatic, non-user-adjustable
controller, test the unit with a manufacturer-recommended controller
that turns on or off based on environmental conditions.
1.2.6 Ultraviolet lights. Do not energize ultraviolet lights
during the test.
1.2.7 Illuminated temperature displays and alarms. All
illuminated temperature displays and alarms shall be energized and
operated during the test as they would be during normal field
operation.
1.2.8 Condenser filters. Remove any nonpermanent filters
provided to prevent particulates from blocking a model's condenser
coil.
1.2.9 Refrigeration system security covers. Remove any devices
used to secure the condensing unit.
1.2.10 Night curtains and covers. For display cases sold with
night curtains installed, the night curtain shall be employed for 6
hours; beginning 3 hours after the start
[[Page 64323]]
of the first defrost period. Upon the completion of the 6-hour
period, the night curtain shall be raised until the completion of
the 24-hour test period.
1.2.11 Grill options. Remove any optional non-standard grills
used to direct airflow.
1.2.12 Misting or humidification systems. Misting or
humidification systems must be inactive during the test.
1.2.13 Air purifiers. Air purifiers must be inactive during the
test.
1.2.14 General purpose outlets. During the test, do not connect
any external load to any general purpose outlets contained within a
unit.
1.2.15 Crankcase heaters. Crankcase heaters must be operational
during the test. If a control system, such as a thermostat or
electronic controller, is used to modulate the operation of the
crankcase heater, it must be utilized during the test.
2. Test Conditions
2.1. Integrated Average Temperatures. Conduct the testing
required in section 1 of this appendix B, and determine the daily
energy consumption at the applicable integrated average temperature
in the following table.
------------------------------------------------------------------------
Integrated average
Category Test procedure temperature
------------------------------------------------------------------------
(i) Refrigerator with Solid AHRI Standard 1200 38 [deg]F (2 [deg]F).
(ii) Refrigerator with AHRI Standard 1200 38 [deg]F (2 [deg]F).
(iii) Freezer with Solid Door(s) AHRI Standard 1200 0 [deg]F (2 [deg]F).
(iv) Freezer with Transparent AHRI Standard 1200 0 [deg]F (2 [deg]F).
(v) Refrigerator-Freezer with AHRI Standard 1200 38 [deg]F (2 [deg]F)
for refrigerator
compartment.
0 [deg]F (2 [deg]F)
for freezer
compartment.
(vi) Commercial Refrigerator AHRI Standard 1200 38 [deg]F (2 [deg]F).
Condensing Unit Designed for
Pull-Down Temperature
Applications and Transparent
Doors.
(vii) Ice-Cream Freezer......... AHRI Standard 1200 -15.0 [deg]F
(I-P)-2010 \1\. (2
[deg]F).
(viii) Commercial Refrigerator, AHRI Standard 1200 (A) 0 [deg]F
Freezer, and Refrigerator- (I-P)-2010 \1\. (2
Freezer with a Self-Contained [deg]F) for low
Condensing Unit and without temperature
Doors. applications.
(B) 38.0 [deg]F
(2
[deg]F) for
medium
temperature
applications.
(ix) Commercial Refrigerator, AHRI Standard 1200 (A) 0 [deg]F
Freezer, and Refrigerator- (I-P)-2010 \1\. (2
Freezer with a Remote [deg]F) for low
Condensing Unit. temperature
applications.
(B) 38.0 [deg]F
(2
[deg]F) for
medium
temperature
applications.
------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec. 431.63.
2.2. Lowest Application Product Temperature. If a unit of
commercial refrigeration equipment is not able to be operated at the
integrated average temperature specified in the table in paragraph
2.1 of this appendix, test the unit at the lowest application
product temperature (LAPT), as defined in Sec. 431.62. For many
units of equipment, LAPT is the lowest thermostat setting. For
remote condensing equipment without a thermostat or other means of
controlling temperature at the case, the lowest application product
temperature is the temperature achieved with the adjusted dew point
temperature (as defined in AHRI Standard 1200 (I-P)-2010) set to 5
degrees colder than that required to maintain the manufacturer's
lowest specified application temperature.
2.3. Testing at NSF Test Conditions. For commercial
refrigeration equipment that is also tested in accordance with NSF
test procedures (Type I and Type II), integrated average
temperatures and ambient conditions used for NSF testing may be used
in place of the DOE-prescribed integrated average temperatures and
ambient conditions provided they result in a more stringent test.
That is, the measured daily energy consumption of the same unit,
when tested at the rating temperatures and/or ambient conditions
specified in the DOE test procedure, must be lower than or equal to
the measured daily energy consumption of the unit when tested with
the rating temperatures or ambient conditions used for NSF testing.
The integrated average temperature measured during the test may be
lower than the range specified by the DOE applicable temperature
specification provided in paragraph 2.1 of this appendix, but may
not exceed the upper value of the specified range. Ambient
temperatures and/or humidity values may be higher than those
specified in the DOE test procedure.
3. Volume and Total Display Area
3.1. Determination of Volume. Determine the volume of a
commercial refrigerator, freezer, refrigerator-freezer, or ice-cream
freezer using the method set forth in the HRF-1-2008 (incorporated
by reference, see Sec. 431.63), section 3.30, ``Volume,'' and
sections 4.1 through 4.3, ``Method for Computing Refrigerated Volume
of Refrigerators, Refrigerator-Freezers, Wine Chillers and
Freezers.''
3.2 Determination of Total Display Area. Determine the total
display area of a commercial refrigerator, freezer, refrigerator-
freezer, or ice-cream freezer using the method set forth in AHRI
Standard 1200 (I-P)-2010 (Incorporated by reference, see Sec.
431.63). Specifically, total display area shall be the sum of the
projects area(s) for visible product, expressed in ft\2\ (i.e.,
portions through which product can be viewed from an angle normal to
the transparent area). See Figures B3.1, B3.2, and B3.3 as examples
of how to calculate the dimensions associated with calculation of
total display area. In the diagrams, Dh and L represent
the dimensions of the projected visible product.
BILLING CODE 6450-01-P
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[[Page 64325]]
[GRAPHIC] [TIFF OMITTED] TP28OC13.008
[FR Doc. 2013-24354 Filed 10-25-13; 8:45 am]
BILLING CODE 6450-01-C
